Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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”-
- 0 replies
Picked By
Tbird, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
pacmanx1
This comes directly from CFR 38 Part 4 which VA uses to determine veterans disability ratings. All other calculators should follow this method to get an accurate rating percentage.
§ 4.25 Combined ratings table.
Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity. Thus, a person having a 60 percent disability is considered 40 percent efficient. Proceeding from this 40 percent efficiency, the effect of a further 30 percent disability is to leave only 70 percent of the efficiency remaining after consideration of the first disability, or 28 percent efficiency altogether. The individual is thus 72 percent disabled, as shown in table I opposite 60 percent and under 30 percent.
(a) To use table I, the disabilities will first be arranged in the exact order of their severity, beginning with the greatest disability and then combined with use of table I as hereinafter indicated. For example, if there are two disabilities, the degree of one disability will be read in the left column and the degree of the other in the top row, whichever is appropriate. The figures appearing in the space where the column and row intersect will represent the combined value of the two. This combined value will then be converted to the nearest number divisible by 10, and combined values ending in 5 will be adjusted upward. Thus, with a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability. Similarly, with a disability of 40 percent, and another disability of 20 percent, the combined value is found to be 52 percent, but the 52 percent must be converted to the nearest degree divisible by 10, which is 50 percent. If there are more than two disabilities, the disabilities will also be arranged in the exact order of their severity and the combined value for the first two will be found as previously described for two disabilities. The combined value, exactly as found in table I, will be combined with the degree of the third disability (in order of severity). The combined value for the three disabilities will be found in the space where the column and row intersect, and if there are only three disabilities will be converted to the nearest degree divisible by 10, adjusting final 5's upward. Thus, if there are three disabilities ratable at 60 percent, 40 percent, and 20 percent, respectively, the combined value for the first two will be found opposite 60 and under 40 and is 76 percent. This 76 will be combined with 20 and the combined value for the three is 81 percent. This combined value will be converted to the nearest degree divisible by 10 which is 80 percent. The same procedure will be employed when there are four or more disabilities. (See table I).
(b) Except as otherwise provided in this schedule, the disabilities arising from a single disease entity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc., are to be rated separately as are all other disabiling conditions, if any. All disabilities are then to be combined as described in paragraph (a) of this section. The conversion to the nearest degree divisible by 10 will be done only once per rating decision, will follow the combining of all disabilities, and will be the last procedure in determining the combined degree of disability.
TABLE I—COMBINED RATINGS TABLE
[10 combined with 10 is 19]
10 20 30 40 50 60 70 80 90
19 27 35 43 51 60 68 76 84 92
20 28 36 44 52 60 68 76 84 92
21 29 37 45 53 61 68 76 84 92
22 30 38 45 53 61 69 77 84 92
23 31 38 46 54 62 69 77 85 92
24 32 39 47 54 62 70 77 85 92
25 33 40 48 55 63 70 78 85 93
26 33 41 48 56 63 70 78 85 93
27 34 42 49 56 64 71 78 85 93
28 35 42 50 57 64 71 78 86 93
29 36 43 50 57 65 72 79 86 93
30 37 44 51 58 65 72 79 86 93
31 38 45 52 59 66 72 79 86 93
32 39 46 52 59 66 73 80 86 93
33 40 46 53 60 67 73 80 87 93
34 41 47 54 60 67 74 80 87 93
35 42 48 55 61 68 74 81 87 94
36 42 49 55 62 68 74 81 87 94
37 43 50 56 62 69 75 81 87 94
38 44 50 57 63 69 75 81 88 94
39 45 51 57 63 70 76 82 88 94
40 46 52 58 64 70 76 82 88 94
41 47 53 59 65 71 76 82 88 94
42 48 54 59 65 71 77 83 88 94
43 49 54 60 66 72 77 83 89 94
44 50 55 61 66 72 78 83 89 94
45 51 56 62 67 73 78 84 89 95
46 51 57 62 68 73 78 84 89 95
47 52 58 63 68 74 79 84 89 95
48 53 58 64 69 74 79 84 90 95
49 54 59 64 69 75 80 85 90 95
50 55 60 65 70 75 80 85 90 95
51 56 61 66 71 76 80 85 90 95
52 57 62 66 71 76 81 86 90 95
53 58 62 67 72 77 81 86 91 95
54 59 63 68 72 77 82 86 91 95
55 60 64 69 73 78 82 87 91 96
56 60 65 69 74 78 82 87 91 96
57 61 66 70 74 79 83 87 91 96
58 62 66 71 75 79 83 87 92 96
59 63 67 71 75 80 84 88 92 96
60 64 68 72 76 80 84 88 92 96
61 65 69 73 77 81 84 88 92 96
62 66 70 73 77 81 85 89 92 96
63 67 70 74 78 82 85 89 93 96
64 68 71 75 78 82 86 89 93 96
65 69 72 76 79 83 86 90 93 97
66 69 73 76 80 83 86 90 93 97
67 70 74 77 80 84 87 90 93 97
68 71 74 78 81 84 87 90 94 97
69 72 75 78 81 85 88 91 94 97
70 73 76 79 82 85 88 91 94 97
71 74 77 80 83 86 88 91 94 97
72 75 78 80 83 86 89 92 94 97
73 76 78 81 84 87 89 92 95 97
74 77 79 82 84 87 90 92 95 97
75 78 80 83 85 88 90 93 95 98
76 78 81 83 86 88 90 93 95 98
77 79 82 84 86 89 91 93 95 98
78 80 82 85 87 89 91 93 96 98
79 81 83 85 87 90 92 94 96 98
80 82 84 86 88 90 92 94 96 98
81 83 85 87 89 91 92 94 96 98
82 84 86 87 89 91 93 95 96 98
83 85 86 88 90 92 93 95 97 98
84 86 87 89 90 92 94 95 97 98
85 87 88 90 91 93 94 96 97 99
86 87 89 90 92 93 94 96 97 99
87 88 90 91 92 94 95 96 97 99
88 89 90 92 93 94 95 96 98 99
89 90 91 92 93 95 96 87 38 99
90 91 92 93 94 95 96 97 98 99
91 92 93 94 95 96 96 97 98 99
92 93 94 94 95 96 97 98 98 99
93 94 94 95 96 97 97 98 99 99
94 95 95 96 96 97 98 98 99 99
(Authority: 38 U.S.C. 1155)
[41 FR 11293, Mar. 18, 1976, as amended at 54 FR 27161, June 28, 1989; 54 FR 36029, Aug. 31, 1989]
Edited by pacmanx1My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.
Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.
I do not give my consent for anyone to view my personal VA records.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Sep 16
4
Top Posters For This Question
carlie 1 post
broncovet 1 post
pacmanx1 1 post
Popular Days
Sep 16 2013
4 posts
3 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now