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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
COOL BREEZE
I have a rating exam for nerve damage next week. (Pretty quick as the rater called me last week and stated its my turn-(claim to be decided by the end of September) I had written a letter with all the requested medical reports as a call from the VA in Phoenix informed me all of my claims will be decided by 30- September.
These are the issues I had claimed the 12th August 2012(those claims are now being worked on)
1. Upper and lower NP(secondary to cervical spine
2. chronic fatigue (secondary to cervical spine)
3. Bilateral carpal tunnel syndrome(secondary to cervical spine)
4. Temporary 100% for convalescence (increase)
5. Cue Cervical Spine Increase.
I had a cervical fusion done in mid July. I was rated 0% since 1996 for this issue.This issue has been on appeal since 2011(DRO requested.)
So, I sent in the form for the temp 100%, the VA asked for additional information and I submitted the required documents plus every single medical document that was over looked since 1996. I also asked the VA to CUE this claim from 1996 as the original rate exam never properly used the proper method to measure this. The tool is called a gonimeter-measures your ROM. According to the rating manual this must be used. Well, i 2010, they did this exam again, however the rater failed to use the results of this test which would have given me either a 30 or 40% rating. Instead they kept it as a 0%. They also stated there was no evidence I was in a helocopter crash whip whip lash injuries even though this had been submitted to they several times. It was listed on my discharge physical, and several medical reports when I went to be evauluated. I also had 8 other whip lash incidents in the military as well they didn't use. They said subsequent whip lash incidents after military service were more than likely not connected to military service.
So, seeing the opportunity, I faxed and mailed over 100 medical documents high lighted with the yellow memo on the medical evidence along with a copy of the memo from the VA about the use of the gonimeter. Since I had the surgery now, its quite obvious I had issues for years which was clearly documented. They are going to have to rate this higher then a 0 % now. Does anyone beleive they may CUE this back to either 96 or 2010 for failure to go by there guide lines.
Also, I had submitted all the nerve conduction tests from a private doctor that showed I had NP as well. And, it was because of the neck. Since I had at least the 0% for cervical, I used this to apply for secindary. When the rater called me, I clarified what I was asking for. The same night it was all corrected on E-benifits.
I am currently rated at 70 % I am expecting a higher rating of at least 80 or 90 %. And of course I have 3 issues on appeal for 3 years as well.
According to the rating manual, it says at least 6 weeks or more incapacitating epsidodes during the past 12 months. Since I have been on convalescent for 6 weeks, does this count? I have been off work since last april as it was determined by the doctor I was unable to return to work until surgery.
Anyone that has a claim pending from last August or earlier, Phoenix is now reviwing those claims. I was glad I was home when this call came in as this gave me the opportunity to have all the incorrect claims I submitted on e-benifits to be corrected, And, they took care of that nicely. Just hope I get these rated correctly now, Isn't NP easily to be rated correctly as secondary to cervical when the nerve condution test prove this? What about the carpal tunnel which also is indicated.?
And once again, I put this entire package together myself and turned it in to ther DAV at my VA hospital who had no clue on how to do this, or the proper form to use. In fact he told me to wait another 6 months.(For the 100% temp for surgery) The rater is going to rate everything ast the same time, I told this service officier, all I want you to do is to mail in to the VARO to the DAV there. Once the DAV received it, they properly documented what needed to be done and passed it to the VA
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