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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
eric_christensen
Hello, I have a problem with a claim I opened up a while back. First off, I've been approved for my very first claim, the one I opened right before I was medically discharged. Then all the doctors, psychologists, VSO officers started telling me I should open a claim for another condition, or at least get help for it. So I did, and it didn't go very well (lets just say the psychologist over in the VA was everything other than helpful and caring). To make this short, they denied my claim. One of the reasons was that I wasn't showing up to my appointments in California. The problem was, I don't live in California. I currently live in Arizona (was supposed to be temporary (9 months) until they wanted to hire me on in December for 6 more months). I told them that and every single time I receive a voicemail, call, or a letter stating that I have an appointment, I ALWAYS call them back and tell them that I'm not in California anymore and there's no way that I can get into the hospital for that appointment. I even called the VA 1800 number and told them to change it and to have it on record that I'm not in Arizona. The thing that really confuses me is that they scheduled me over in California for a evaluation/appointment with a private doctor, and when I called to tell them that they need to schedule one over here, they told me it was okay and they'll find one for me here. Now the problem is, I never received that call for a reschedule (even though it wasn't very long ago, perhaps a week or so). And I just got a letter stating that I've been denied (I really can care less about money, I just REALLY want it on record that what I've gone through, and am going through, is related from when I was in the military).
I've been trying to call them and tell them that I told them I'm not in California anymore and that if they want appointments, they need to schedule them over here; but I have been unable to get a hold of them apparently from the high volumes of calls...sigh.
Another reason they told me I was denied was because of the lack of evidence that was recorded while in the military and even when I was out of the military. Well yea, the first psychologist I went to in the military was a civilian contractor and she actually had the audacity to blame what I was going through, on VIDEO GAMES (umm wtf? I BARELY even played video games, let alone anything that remotely had resemblance to what I was going through, anyways, video games?????). The second one wasn't interested or have experience in what I was going through, and the Chaplin would never call me back or answer the phone to help out.
I don't understand how they can say they're going to call and give me an appointment, and then don't and deny my case. I live and work in Flagstaff, and since there's no VA hospital here, I would have to drive 100+ miles to Phoenix's VA and get an appointment there. I currently work mon-fri for a typical 8 hours, and where I live/work, I don't have cell service. It's a huge pain and I feel they don't fully understand where I'm at, or care about it.
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