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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
Tunaboat
What a nightmare of a time I have had getting to the final disposition of my claim which started in 2007. It seems it is better to provide more info than less so this maybe a rather long post, I'll be brief when I can. My typing and sentence construction is difficult at times as I had a TIA in May of 2012.
In August 2012 I found out by accident that I could be “advanced on the docket” if certain conditions were met. My condition appeared to merit advancement as it was awarded. However, since being advanced on the docket, I have received notice that more medical information was necessary and the VA is still not able to make a determination in my case.
I was medically retired from the US Navy and granted 30% service connection for Coronary Artery Disease after a heart attack while onboard the USS New Jersey in 1989. In 2007 I made a request for increase in service connection as my medical condition was deteriorating due to ongoing and increased medical conditions related to my service connected condition. That increase was denied and it has been on appeal since that time. I did receive a 30% service connection for depression with anxiety secondary to heart attack, I was then given the combined rating of 50% SC.
I have used the VA as my provider of choice for many years, I came to the VA emergency department on the morning of January 8, 2012 as I was experiencing chest pain. While in the ER on that Sunday morning I had a massive heart attack and was admitted to the Birmingham VAMC. The next day during a heart catheterization it was determined that my coronary arteries were 95% blocked and triple bypass surgery was necessary. Bypass surgery was completed January 11, 2012 at the Birmingham VAMC.
I have been told to be patient and “wait your turn” as there are a number of claims ahead of you and “you can’t rush the VA when it is something this important.” While I appreciate the quality, care and attention I have received during this medical odyssey, I am very frustrated with the compensation & pension and appeals process and the ongoing wait for a decision regarding an increase in service connection of Coronary Artery Disease. My medical information lies within my VA chart as the heart attack and surgery happened at my local VAMC, the information necessary certainly must be on file or should have been collected by now, I have signed the necessary releases and continue to wait for an answer.
In April of 2012 I had a Trans-Ischemic Attack, (TIA) and I now have a stutter, problems with balance, difficulty with word finding, and my short-term memory continues to be a big problem in my day to day life. I have also put in a claim for this condition and have been initially denied SC as a secondary condition, I have appealed and am waiting to hear a determination on it as well. The increased stress exacerbates my ongoing depression, and increases problems with organization, word finding, and stuttering and makes it more difficult to continue in my job at the VA.
Due to my service connected condition and related health problems I can no longer work as a mental health therapist and social worker assisting veterans, work I have loved and found extremely satisfying for many years. Following the heart attack I did receive 3 months of 100% temp. SC during convalescence. A small amount of support considering I have missed the equivalent of nearly $30,000 since the beginning of 2012.
I am currently SC for Arteriosclerotic Heart Disease 30% (first SC and reason for military retirement in 1989) Major Depressive Disorder 30%, superficial scaring 20%, Tinnitus 10%, 3rd degree burns 10% & 3rd degree burns 0%. Still working, need to be medically retired and waiting for SC. So much info, I am considering hiring an attorney. What do you suggest???
To the HADIT family, in advance, thank you for your suggestions and assistance.
Dean A. Daniels, USN (retired)
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Berta
Just to add one more point here that might help you or someone else out there. TIAs are rated on residuals and often found to be non compensable. However this is a very unusual case: because t
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