Ok here we go in June of 2012 I was working full time in Security for a major financial company the job required me to be on my feet the entire shift, I started having major issues with my feet, I always have had pain and walk with a very minor limp from an injury in the Army I had stress fractures in both feet that were misdiagnosed one turned into a full fracture of my metatarsal that is now deviated but anyway with this job my foot got worse and worse until I could not do the job anymore since than I had to work at another site with less pay and hours I had filed a VA claim with a line of duty form I was given when I left service I was granted Service Connection within 3 months and started getting treatment at the VA I was rated at 0% but appealed that to DRO who submitted an UI claim on my behalf I did not initiate the claim but anyway the doctor said I have flat foot b/l that is now service aggrevated, I had a mortons nuroma, bone spurs that have developed and I was given orthopedic shoes which the doctor noted are not working very well, they gave me shoes for work another set for just walking and now another set for driving, last month I had surgery to remove the nuroma since than the surgery caused a staff infection in my foot and severe blood clotting and hematoma I am waiting for an answer on my 100% TD for surgery recovery time anyway the regional office told me all the claims are held up because of my pending unemployability claim they also tell me it continues to be worked and they keep telling me I have a good chance of getting it although I don't believe them I found out today my claim was sent to Washington DC to the Under Secretary of the VA's office somethibg about a special circumstance let me just add for the last 2 years my inconme has been below 12,000 and I am a full time single father we are on Medicaid, food stamps etc, so far I have gotten nothing at all from the VA but today I filled for Financial Hardship now they tell me they can get me the TD 100% for the surgery within 30 days until the TDUI claim decision is made so should I really expect anything to come of this TDUI claim like they keep telling me?
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”
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.
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:
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.
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W4LNY
Ok here we go in June of 2012 I was working full time in Security for a major financial company the job required me to be on my feet the entire shift, I started having major issues with my feet, I always have had pain and walk with a very minor limp from an injury in the Army I had stress fractures in both feet that were misdiagnosed one turned into a full fracture of my metatarsal that is now deviated but anyway with this job my foot got worse and worse until I could not do the job anymore since than I had to work at another site with less pay and hours I had filed a VA claim with a line of duty form I was given when I left service I was granted Service Connection within 3 months and started getting treatment at the VA I was rated at 0% but appealed that to DRO who submitted an UI claim on my behalf I did not initiate the claim but anyway the doctor said I have flat foot b/l that is now service aggrevated, I had a mortons nuroma, bone spurs that have developed and I was given orthopedic shoes which the doctor noted are not working very well, they gave me shoes for work another set for just walking and now another set for driving, last month I had surgery to remove the nuroma since than the surgery caused a staff infection in my foot and severe blood clotting and hematoma I am waiting for an answer on my 100% TD for surgery recovery time anyway the regional office told me all the claims are held up because of my pending unemployability claim they also tell me it continues to be worked and they keep telling me I have a good chance of getting it although I don't believe them I found out today my claim was sent to Washington DC to the Under Secretary of the VA's office somethibg about a special circumstance let me just add for the last 2 years my inconme has been below 12,000 and I am a full time single father we are on Medicaid, food stamps etc, so far I have gotten nothing at all from the VA but today I filled for Financial Hardship now they tell me they can get me the TD 100% for the surgery within 30 days until the TDUI claim decision is made so should I really expect anything to come of this TDUI claim like they keep telling me?
thanks
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