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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
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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
rpowell01
Let me start off by giving just a little back information...I have Cervical DDD, Thoracic DDD and Lumbar DDD with radiculopathy from all three areas.
The Radiculopathy are in both arms, legs, toes, feet and in all of places in the chest wall muscles (pectoral muscles)...
This past Monday I had a Cervical ESI procedure. The doctor decided to do it at C7-T1. I advised him of a past ESI I had back in 2011 that only last 10 days. This doctor didn't want to do this one because he said if the last one only last 10 days then the one on monday will not help. I pled with him to at least lets give it a try because I am sick of the pain everywhere. So he agreed. He told me that this is a dangerous procedure but the effects of something happening is very small.
After he numbed the are he stuck the needle in at T1. As the needle went in I felt it big time and I said Oh no. The doctor said hey you oak and I told him that my arms and legs were going numb and boom they went paralyzed and my arms fell off the table dangling. He immediately pulled out the needle. They kept asking me if I was okay and I said yes then boom I couldn't answer them but I was awake and I knew they had their hand on my back shaking me. I finally was able to answer them and all the feeling came back to my arms and legs. My heart rate had jumped up to 138 and that is what scared them. I didn't know about my hr because I was worried about my arms and legs.
After about 5 minutes they allowed me to sit up and took me into the recovery room. I asked the doctor about my May 6th appointment and he said he is canceling it and that I can NEVER have any more ESI in my spine. In the recovery room boom it hit me again, my legs and arms went numb and I was about to pass out and the nurses came over to me then I came to. Finally after a certain time they let me go home but told me to keep watch on the area where the shot was given for possible infections.
On my way it happened again but I didn't tell my dad who took me that it happened.
So Tuesday came around and I felt okay not bad just my norm. Wednesday was the same and then yesterday came. So Thursday came around and I was fine, it was norm type of day, pain here, pain there, pain everywhere....Then about 4:30pm I took my son to football practice and before practice started I was out there throwing the football around some. I am at the point in my life that I am doing to do things pain or no pain. I threw about 5 pass then I didn't feel to good. Both my arms were hurting as was my upper back where he gave me that shot. So I grabbed these bars and just stretched my arms and upper back. Well practice got cancelled due to rain.
As we were driving home I told me kids that I didn't feel good or right. My stomach was nauseated and my neck and upper back just didn't feel too good. Whenever I got home I went straight to the bedroom and laid down on my bed and put an ice pack on my neck. The BOOOOM it hit, everything got worse, I felt sicker and more nauseated and as I was feeling for my heart rate in my neck it just stopped beating there and I felt I was about to pass out. I stood up and called my wife for help. She ran to me and she said my face was pale white or white as a ghost. I told her to call 911 and then she said you sure then I said no don't....I laid back on my bed and raised my feet up on some pillows. It took about 30 minutes for everything to go back to normal.
Well we decided to drive one hour + to the VA Hospital in Tampa because I wasn't sure if this was from the ESI or what. As I went in to triag they took my BP which was then 154/103 and I had a low grade fever...Didn't have the fever until I walked into the hospital doors. Anyway they immediately took me to a room and put an EKG on me. I told them nothing is wrong with my heart, I know my body and this is something from my spine doing all of this.
Well to shorten the story, they did blood work, EKG and did an MRI on my brain and my whole spine. The doctor came back in not even 5 minutes after I completed the MRI and said "We can't find anything that would be causing this".....He gave it a name and no it wasn't anxiety but something else. Basically he was saying "We know there is something wrong but we can't find where its coming from...So they send me home...
Today I am fine and back to my norm of pain. I started thinking this morning and I guess because of my whole spine being injured that this is how the body responds at times...I just don't know and would like to see if anybody ever had a similar situation like this and if I have the same spine conditions.
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