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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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Picked By
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 rating
Picked 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
Berta
It has been one of the greatest honors of my life to serve as an advocate on this wonderful web site, that Tbird has created , as one of the most viable tools a VA claimant has, to pursue and succeed in their claims.
The intellect and information here is outstanding and the search feature alone can often provide answers before a question is even posted and asked.
Tbird's vast amount of work here to begin and maintain this site has been ,for years, advanced by Carlie's input with the 2 tough jobs of being both a moderator and also helping with claims questions,and it has all been Superb. You all have been great!
I have retired from Claims work.
I will be focusing my energy instead on attempting to help reduce the backlog.
Last month's H VAC DAMA Subcommittee hearing revisited some solutions. The CPAT
and “State Strike Force “concepts in Texas and the testimony from
Jim Richman ,the Director of Claims Representation and Counseling at the Texas Veterans Commission
has certainly revealed some backlog reduction success.
The :”Texas” model seems very viable yet obviously all claimants do not live in Texas and I don't know of any other state commission or veteran's affairs department who has also planned or developed any similar concept.
I have some potential solutions for the H VAC committee VA to consider ,regarding claims errors committed at the RO level , errors that occur on a daily basis, prior to a formal BVA transfer, which have caused a good part of this extraordinary backlog. One only needs to study the BVA remands, to see where many problems lie (at the regional level).My ideas will all also involve some additional work on the part of vet reps, and there is even some work that we, as claimants, can do , to resolve the long waits. I did not see mention of these specific solutions in any of the H VAC Subcommittee testimony last month or in prior hearings on the backlog.
This all will take up a considerable amount of my time. I need to maintain my focus on this sole issue-the backlog. VA is not the enemy of VA claimants-time is . Their disabilities are getting worse, during the lengthy claims process and many vets die before their claims are resolved.
Also I again have become a VA claimant because my award letter was wrong. I am using a different approach this time as the 6-7 years my AO IHD death claim took and the 7 years plus my SMC CUE claim took was completely unnecessary and the grossly deficient way those claims were handled at the regional level will be part of my evidence for my future H VAC testimony.
My neighbor, who reads here as one of hundreds of guests everyday, found everything he needed here last week for his TDIU claim.
Thank you all for making hadit the success it has been, and will continue to be, in helping so many veterans, their dependents ,and their survivors garner their proper and well deserved compensation.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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