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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 rating
Picked 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.
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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
Picked By
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
VetRob1997
Hey all... I was in the Army from 96-97 (little over 1 yr and 5 months)... I shattered my knee during an FTX in Guatemala, where I tore my patella tendon from my tibia and the tibia shattered in 3 places about 1/4'' from my kneecap, ruptured my plantaris muscle, and small fracture in my ankle as well as a slight tear of my achilles (all in right leg). I had surgery on the knee and plantaris muscle, where they put in a grafting using a "new" technique (I was told I was the 2nd one done in a military hospital) to restructure the tibia. After 2 months of therapy (still in military) I tried doing PT whereas I could no longer run at full speed, thus my inability to "pass" my PT (of course situps and push ups never a problem)... During my medical hold evaluation I was told I could Chapter 2 Med Discharge, but it would take months and I would have to stay in the MEdical hold barracks at Ft Stewart, OR I could take a Chapter 13 - unsatisfactory performance due to medical condition and discharge immediately (days to weeks)... now being 19 at the time and not knowing better, I opted out so I could rehab more with a civilian doctor. I didn't receive ANYTHING from the VA for 3 months upon discharge because I had no idea of the avenues to take or who to talk to. FINALLY got in to see a VA worker. My first P&T went by and they evaluated me and gave me SC 0%... ?????? WTH? LOL... they basically told me I was still able to walk so no %, but it WAS SC... over the years, my knee started deteriorating and buckling and constant arthritis to it. The ankle was getting worse, and because the injury was causing a poor gait, my lower back was getting messed up. In 2009, AFTER 4 years of appeals, I was awarded 40% for 3 problems, ankle, knee and back. NOW, (in 2012 when I re-applied a claim) I am literally using a cane 24-7, cant bend over, knee in a brace, ankle/knee swells daily 4x +, pain is 10+ daily, back is continually in knots, and due to the injury and inability to do ANYTHING, I have been diagnosed with Anxiety/Depression secondary to a SC medical condition. My question is this... My claim has been in VA since 12/12 and it JUST now went to "Preparations fr Decision - Rating Phase"... what am I looking at, as NOW i'm wondering if I should contact an attorney.... any ideas??? questions to help me...??? Does it look promising being this is the 6th time I have appealed or re-claimed for an injury I had no control over... and my lifestyle is now shot, losing my family (wife of 12 years) because I can't offer any support in any manner... I cant even play soccer with my young daughter... THIS IS KILLING ME!!!
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