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
retiredat44
Opinion on hardship request to VA to speed up claim.
I filed on basis of health hardship. I would like to now if others have experience on hardship claims...
I see people 'mention' either financial, or health.. or both..
My question has more to do with the type of health issues that the VA might take serious and speed up an appeal...
Has anyone gotten a claim sped up througha hrdship claim?
While I suffer from a fatal disease that is killing me, but with no date when it will either kill me or send me back into a hospital bed. The surgeons told me my prognosis is poor, and that is only one of my health problems.. They just don't know when it going to happen... but necrotizing pancreas disease if usally fatal, within several years.. I also have many other complications cysts on the pancreas, the tissue is dying.. and I have thrombosis of the splenic vein.. my blood prossure can drop suddenly, and it has in the past sending me into the hospital by ambulance with sirens. The splenic vein is partially clogged, and if a clog breaks loose it can go into my heart or brain...
If someone has asay terminal cancer and is given a few months to live, they might file a hardship to speed their claim,, one difference is I don't have a date when...
but it is factually true that my disease has no cure and it is fatal.. plus I have several other health issues that are serious.. with long hospitalizations, on record...
along with hospitalizations tha that happened on active duty 30 years ago..
Do to other disabled Veterans Opinions on hardship requests, to the VA to speed up claims, do you think my request is enough to move them, or do you think they ignore a request unless you only have a solid diagnosis of only a few months to live.. Is my hardship enough?
I have read a lot of opinions about hardship requests,, and there are basically to opinions...
1)they help speed up the requests
2)the claim 'c-file' is pulled and then shuffled to the bottom of the deck and you actually lose your space and go nowhere with the hardship claim..
Of course I am financially screwed, have been for 20 years.., since I have bene usnable to work for 20 years,, and am on SSDI for permanent disability. But my Hardship request is for the health issues.
I am hoping there are opnions for people who have actually filed hardship requests and eithe got a repsonse or didn't get a response. Also, that it was a spereate paper I gave them a hardship request for my claim top be sped up... and only last thing, I waited intil more than 3 years has passed since my claim was file and 1.5 years since my DRO hearing and no decision. So, I did not just ge tupset after a short time.. I waited several years to give them plenty of time to do the right thing.. my request is that I want them to speed up my claim beofre I either die or become incapacitated. I do have a history of not being able to care for myself for long periods of time, and it will happen again... So, that is the short verison of my reason.
Do those with experience think what I did is right, and do you think it wil speed up my claim?
Also, I gave my hardship letter info to my congressmans office to look into my claim delay... and while the conressman isn't going to directly help, his staff will.
I already asked in other threads about this and some people said it just shuffles you stack to the bottom, other threads in Veerans forums say it helps.. But, like I said, I am asking about if the request on the bais of health issues helps..
Thanx..
I am looking forward to hearing from those with experience...
If it makes any difference, it is the San Diego office.
(yes I read some of those reports of which offices have the largest workloads..)
Edited by retiredat44Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.
Link to comment
Share on other sites
Top Posters For This Question
7
3
2
1
Popular Days
Jun 3
4
Apr 8
4
Jun 4
2
Jul 29
2
Top Posters For This Question
retiredat44 7 posts
Berta 3 posts
john999 2 posts
Pete53 1 post
Popular Days
Jun 3 2012
4 posts
Apr 8 2019
4 posts
Jun 4 2012
2 posts
Jul 29 2019
2 posts
Popular Posts
john999
If you think about it everyone who is out of work due to SC issue is a hardship case. Where do they begin except to speed up all claims. How many vets can go 6 months without a paycheck? Waiting on di
Posted Images
13 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