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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
Hoppy
I had to edit this. I tried to embed full sized jpg's and it would not let me. I used to do this many years ago. So now I attached two files of the referenced jp's. Click on the thumbnails to see full jpg's
Now we have to trust the RO’s to request and obtain deck logs. Individuals and Service org’s have been taken out of the loop effective July 8th 2013. I received the information pasted below in italics from a secretary at the NHHC yesterday.
I spoke to the guy in charge of deck logs here at NHHC and he stated that "official requests come to us from a regional office of the federal Department of Veterans Affairs or the VA appeals office here in DC only. State/county/city departments of veterans affairs as well as organizations like DAV, VFW and Purple Heart are not considered official requests."
The RO’s can’t even figure out how to get records from a VAMC. Paste below are two scans from a veterans denial.
To keep it short. Here are the facts. The records were not destroyed or lost in the 94 earthquake. A VAMC employee lied to the veteran telling him the records were destroyed when the basement of the Sepulveda hospital flooded from water pipes breaking throughout the hospital. The VAMC records clerk lied because he was too lazy to get the records. Every employee of that hospital knew that no records were lost or destroyed due to the earthquake. The RO was so far out of the loop they believed otherwise. The records were eventually obtained. The veteran notified the RO that the records were found and now in possession of the West LA VAMC. This prompted the RO to request the records in April 2000 as they noted. The RO indicated that no response was received from the VAMC. Because they were out of the knowledge loop they did not make a second request.
Here is where it gets really interesting. The RO says the hospital did not respond to the April 2000 request. However, the veteran was a little upset that the VAMC did not respond. The veteran went to the VAMC and was shown the document below described as “purpose of disclosure”
It turns out the VAMC requires that an RO employee personally pick up the records from the VAMC. The records supervisor stated that somebody named Carlos from the RO picked up the records and signed for them on July 27, 2000. The decision denying the claim was made in November 2000. The RO lost the record somewhere between April and November of 2000 and had no way of determining that someone named Carlos had actually picked them up. Don’t they keep records or can’t they read. The records supervisor told the veteran he was not the first veteran to have the VA claim that their office did not respond when in fact they did respond. I have this information because this was my own claim.
Edited by HoppyHoppy
100% for Angioedema with secondary conditions.
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