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
rpowell01
And its not good. I was ripped apart by this C&P examiner. The good thing is my wife was in the room and lets just say there are things or questions on this C&P report that were answered but not by me. Meaning there are questions they are suppose to ask the veteran and are suppose to write down the response of the veteran. Not once was I ever asked these questions. Second, the C&P examiner said I had full range of motion in my neck and thoracic and lumbar. NOWAY JOSE....I couldn't bend my neck backwards, to the left nor forward that day because the pain that radiates down my right arm. I informed her that I couldn't but I tried. But she says on the report I was able to go the full ROM. I told her over and over, it must have been 5 times I couldn't move my head that morning because of the pain that shoots down my right arm. Normally I can move it except backwards. Something is causing it not to allow it to go backwards. Again wife in room and she is my witness. Third, Again like I said in previous posts that the C&P examiners purposely deceives the RO by leaving stuff out that is in the records and CFile. They only use what they want for their own good. I was expecting a nonfavorable C&P exam report but this one takes the cake. I respect doctor's final opinions on these reports, that is their jobs. But, to sit there and purposely lie like she did makes me wonder if 1. judgement was passed on my as soon as I reported for the C&P exam. 2. How many other veterans have these C&P doctors lied on the reports.
Myself, I can promise you this, I am not going to sit here and let this woman get away with this at all. Myself and my wife are writing up two individual sworn letters or on the 21-4138 forms and I am sending them to the Regional Office and I am requesting a NEW C&P Exam based on these lies and deceits this woman has done. I will express that I have a right to a truthful C&P Exam not for somebody to sit and NOT to record any of the ROM measurements whatsoever. I told JBasser about this and he said maybe she recorded it. Nope she did not record it verbally nor did she write down the measurements whatsoever. Unless that tool is connected wireless/bluetooth there is noway should could remember all them numbers. Remember neck x3 and back x3, EACH SIDE.
She lied big time and I am not going to sit here and let her get away with it. I am also going to write my senator and set up some kind of appointment with him. I am going to request to him that WE has veterans be allowed to have VIDEO cameras with us during C&P Exams. If the VA/Regional Offices are so sure these C&P exams are being done truthfully then I don't see a problem having a VIDEO Camera in the room recording the exam. Do you? If they are that truthful then why is having a camera an issue?
You will be seeing a website in the near future on all of these things I have brought up and mainly about using VIDEO Cameras during the C&P exams.
Again the "Duty to Assist" is bogus and with these C&P examiners blantantly lying on the reports is wrong and I hope they burn in hell because God and my Lord Jesus Christ are my witnesses, along with my wife to this fact.
Link to comment
Share on other sites
Top Posters For This Question
8
2
2
1
Popular Days
May 17
7
May 16
2
May 18
2
May 20
1
Top Posters For This Question
rpowell01 8 posts
carlie 2 posts
71M10 2 posts
meghp0405 1 post
Popular Days
May 17 2013
7 posts
May 16 2013
2 posts
May 18 2013
2 posts
May 20 2013
1 post
12 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