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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
Picked By
Lemuel, -
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Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
Lemuel, -
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Question
Loose Cannon
Hello All,
Trying to get SSDI approved has been a bigger NIGHTMARE than dealing with the VA. I'll skip the long story and try to keep this as short as possible. After having my Reconsideration Appeal denied in 8 working days I called and spoke to the woman in charge of my case at DDS and told her that I was not afforded enough time to send her my "new evidence" . The new evidence consisted of FOUR C&P exams that I had to move heaven and earth to obtain since they were done by QTC. Anyways...these reports are SOLID evidence and state all the necessary medical reasons why I am unable to work.
After speaking with her she told me to send her the Doctor reports which I did on November 9th. She said she would review the reports and if there was enough to warrant re-calling my case (maintained at my local Social Sec Field Office) she would speak with her supervisor and they would do that. I was advised to file my appeal for an ALJ Hearing within 60 days of my denial letter and I have done so, thus preserving my rights. I have called her on 3 separate occasions and she is dragging her feet to put it nicely. Last time I reached her was on December 1st and she said the reports have been on her desk since November 16th and she still hasn't looked at them yet...I am furious!!
Today I actually bypassed her and spoke with her supervisor who has no clue as to why there has been a delay. She says she will speak with my case worker who will be in the office tomorrow to discuss it. I explained that I have been patiently waiting on this woman to act since Nov 16th and that I'd appreciate a follow-up call tomorrow.
Bottom line: I need to keep a roof over my head and pay my bills- I cannot afford to stand by and wait while someone who obviously is either too busy of just doesn't give a damn warms a seat in some office hoping I'll go away. Well I'm NOT going away...Has anyone out there ever had any success at having their case "re-called" like she claims can be done?? Any idea how long this process takes?? Got to be quicker than waiting 6-12 more months for an ALJ hearing, right? No, I'm not interested in a lawyer...I've got all the evidence I need. Just need the chance to have someone to view it at DDS.
LC
"I ADVISE & ENJOIN THOSE WHO DIRECT THIS WEBSITE IN THE TOMORROWS NEVER TO ADVOCATE ANY CAUSE FOR PERSONAL PROFIT OR PREFERMENT. I WOULD WISH IT ALWAYS TO BE 'THE TOCSIN' & TO DEVOTE ITSELF TO THE POLICIES OF EQUALITY & INJUSTICE TO THE UNDERPRIVILEGED.
IF THIS WEBSITE SHOULD AT ANYTIME BE THE VOICE OF SELF-INTEREST OR BECOME THE SPOKESMAN OF PRIVILEGE OR SELFISHNESS IT WOULD BE UNTRUE TO ITS HISTORY."
God Bless you all and Good Luck.
LOOSE CANNON
For Real Solutions For Positive Change Visit http://www.veteranwarriors1.com/index.html
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