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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
jcolwell
I have Thailand claim for direct exposure herbicide for IHD/AICD and GERD well documented in private records. I am wondering if I should consider a SC approach on my claim as well since there is mention of issues during service.
My wife the RN completed a timeline of events in( C-file )during service that may be related to my now diagnosis in appeal at RO. Thoughts ? I have a abnormal EKG in my record that I just found.
Question: Is there any value in a IMO to pull all this together and make the case or ? thanks for reading > jim
Date of Event
USAF Base Location
Comments from Medical file
2/11/1968
McDill AFB
Upset stomach, Maalox ordered for treatment
10/28/1968
Mc Dill AFB
Complains of unable to gain weight
2/3/1970
Udorn Thailand RTAFB
Abdominal cramping , nausea , diarrhea , Donnatal ordered
6/15/1970
Udorn RTAFB
Constipation, no BM , cramps
7/8/1970
Udorn Thailand RTAFB
Episode of gastroenteritis
8/1970
Udorn RTAFB
Diarrhea, anorexia , treated with polymagna ordered
3/31/ 1972
Williams AFB Phoenix
Upset stomach after eating , diarrhea for one week
7/21/1972
Williams AFB Phoenix
Watery stools every time he eats he gets indigestion, suspect viral syndrome with cramping, treat , Lomotil and Mylanta
1/24/73
Williams AFB Phoenix
Abdominal cramping, abdomen tender, gastroenteritis , admitted to hospital for GI test
1/26/1973
Williams AFB
Abdominal pain, abdominal cramping for 5 days, Donnatal ordered
1/29/1973
Williams AFB
GI series done
1/25/1975
Williams AFB
Frequent Indigestion documented on exit exam from USAF
11/30/1998
Good Samaritan Health Hospital
EGD : Diagnosis : Refractory GERD
DATE
LOCATION OF VETERAN
COMMENTS FROM C-FILE
10/28/1968
USAF Chanute
“ Progressive history of exertion dyspnea, complains of mild anterior chest pain NSR, soft pre-cordial gr 1/6 systolic murmur , slightly accentuated A2”
10/29/1968
Chanute USAF Hospital
EKG Report: Clinical impression: Exertion dyspnea, mother die in 30 of heart attach? Finding : “vertical mean QRS axis, RSR in RT Precordium , Consistent with ASD of Secundeima type “.RSR’S in V 1 and V 2
11/1/1968
Chanute USAF
Referred for Evaluation of abnormal EKG to Internal Medicine Clinic
11/1/1968
Chanute USAF
Soft Precordial nonlocalized murmur, EKG suggests: ASD, / angina? Syncope? History of mother died suddenly, S 4 gallop, no rub, no murmur
12/9/1971
Williams AFB Phoenix AZ
Had periods of syncope x2 one month ago
11/13/1971
Williams AFB Phoenix
Chief Complaint: Blackening out. Driving to work today and had a Black Out episode, pulled off road. ? Vaso-vagal syncope
3/16/1972
Williams AFB
Fainting spells, feeling faint and dizzy
3/17/1972
Williams AFB
Blackening out , contd since 12/1971
3/31/1972
Williams AFB
EKG ordered
1/24/1975
Williams AFB Exit Physical
Dizziness and fainting spells in 1973 with normal limits. No complications no sequel
MTD
Medically disabled from US Airways 10/2011
Diagnosed with IHD, AICD, left ventricular hypertrophy, disabled by SS
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