Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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”-
- 0 replies
Picked By
Tbird, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
JimE
I was discharged from the USMC honorably in 1987 at the age of 20 (a week shy of 21). My occupation in the USMC was an Avionics Technician on helicopters so I was constantly working on aircraft while out on the flight line with the engines running. I also always wore the proper hearing protection provided by the USMC at the time.
During the year prior to discharge I started failing hearing tests at certain higher frequencies. To the point that the doctors removed me from working on the flight line for a few months to see if there was an improvement to which there was a slight improvement but not enough for the doctor. He even mentioned the possibility of a discharge but at that time I was within 3 months of getting out so told him there was no need. He insisted that I make sure as soon as I get back to my home town that I go and register with the VA to make sure I get a claim in for my hearing loss even if it is 0% because I my need the VA's help with earring when I get older. I did as he insisted within weeks of discharge.
It didn't take long and I received a rejection notice from the VA. The VA claimed that my hearing loss was due to listening to loud music prior to entering service. So I ordered a copy of my medical records (which came on microfiche) and made copies of the specific pages of my record showing my hearing test were perfect scores upon entering service and failing prior to discharge. Not to mention medical visits specifically for hearing issues while I was active duty. I wrote this up and sent in to which they denied again. They also stated that I could appeal with an attorney and had one year to do so, otherwise I would not be able to make this claim again without additional evidence.
I was 21 and soon after I accepted a great job and a few months later traveled overseas for work. With all the moving around the US and then overseas, this VA claim was the last thing on my mind so nothing ever happened.
Fast forward to now, 2012 which is 25 years later and I still deal with this hearing loss and ringing in my ears. I am gone many years of misunderstanding what my family members say due to brain misinterpreting some of the words that I can not hear well and especially from the female members of my family (it never goes over well to seem like you are ignoring your wife :) )
I had been thinking about trying to contact the VA about this issue and see if they will turn it around. I am not looking for the money so much as I am looking for their acknowledgement of the issue officially so it will be documented and they will take care of future doctor issues for my hearing or hearing aids, etc.
What can I do. We are in a kinder, more politically correct America, is there a chance I can get the VA to pay attention even though I don't have any new evidence that I am aware of?
Your thoughts / help is appreciated.
JimE
Link to comment
Share on other sites
Top Posters For This Question
2
1
1
Popular Days
Apr 2
3
Apr 3
1
Top Posters For This Question
JimE 2 posts
Berta 1 post
Philip Rogers 1 post
Popular Days
Apr 2 2012
3 posts
Apr 3 2012
1 post
3 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now