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lumbosacral Neurologist Report For Headache Claim Secondary To Cervical Spine
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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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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
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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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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
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Question
mags1023
I have a few questions for the experts here on hadit:
First I am already rated at 90% that includes ratings for:
Bi-lateral Carpal Tunnel Syndrome (30rt/20left)
Bi-lateral Cervical Radiculopathy (20/20)
cervical spine DDD with limited ROM (30%)
Major Depressive Disorder (30%)
Hiatal hernia/GERD (10%)
Broken rt clavicle with malunion (10%)
Tinnitus (10%)
I recently went to the neurologists because my claim for headaches secondary to my cervical spine condition has been remanded due to my Doctors not providing rationale when saying my headaches are due to my cervical spine condition and the VA examiner (a PA) saying that they are not due to it and providing a BS rationale. Here is what the Neurologists impression states:
Intractable headache secondary to upper radiculopathy caused by occipital neuritis. There is no MRI evidence or blood work evidence of vasculitis.
I am wondering if that impression suffices for rationale? He states it’s secondary to my radiculopathy and caused by occipital neuritis.
My follow on question is do I now have a claim for occipital neuritis? He also includes in his impression that I have Lumbosacral radiculopathy with radicular symptoms, signs of Peripheral Neuropathy, and signs of Morton’s Neuroma.
I have a lawyer who is very conservative and he doesn’t want to send this paperwork in right now because some of the ROM stated in the exam portion is greater than what I am rated at for my cervical spine right now. I am rated at 15 degrees, so I get 30% and the exam says my ROM is 30 degrees forward which could reduce my cervical spine rating to 20%. He wants to wait for the VA to do their C&P exam for my headache remand, but that could take years and I don’t trust what they might say anyway. I was thinking they might make their decision on my headaches based on this neurologists report and not make me go to a VA C&P. He wants to keep this in our back pockets.
Also, do I have a claim for these other conditions like neuritis, lumbosacral radiculopathy and Peripheral Neuropathy or is that considered pyramiding? Thanks
s/ Mags
We kept our promise and served honorably. Now it is time for the VA to keep their's!
I am not an attorney or VSO and offer my opinions free of charge. Any advice I provide in my posts is from experiences I have had with the VA or I have the knowledge that others have encoutered. I accept no liability for this advice should you chose to follow it.
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