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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
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
63SIERRA
I know that there is a law that says if something happened to a soldier during combat operations. the VA is SUPPOSED to take it at face value and apply it as the truth to try and help you develop your claim.
Heres what happened to me during gulf war one. We were stationed at the port near the sea. We were in large metal buildings awaiting missions to haul m1 abrams tanks across the desert . There were thousands of us in the port area on cots set up in the huge warehouses. We had primitive showers ser up out side the building. One night I was in the shower, and heard the loud sirens start whining like a firetruck. I was in the shower with soap app over my head and my body. I immidiately try to get the soap out of my hair and head, because I had never heard these sirens go off before/, All of a sudden I hear a loud boom. I can see out the screen window of the shower a bright explosion right overhead but high in the sky. Then annother sonic boom, with super bright flases.. I panic and run into the warehouse, where everybody in the building seems to be in their MOPP suit already yelling GAS, GAS, GAS. There I stood, naked as a buzzard, in front of not only my whole company but my whole battalion of people., it seemed like they were all staring at me.
I started trying to get dressed and get my MOPP gear on, and started having a panic attack. I could not get them on an paniced. I thought surely I would die. I recall several people coming to my cot, assisting me, and helping me get the suit on, it seems like it took forever. I sat on my cot, heart pumping like I thought it would explode, hyperventilating in my MOPP mask, frozen. At the time I was a corporal, and it was very humiliating, kknowing half of 11th CSG had seen me in my birthday suit, as theres lots of woman and men in transportation companys. I was also traumatized by the SCUD attacks, right over our head. Word was out that a scud had got thru, and hit a warehouse further down from us at the port abt a week earlier and killed around a dozen troops.
This incedint is burned deeply in my brain. I see it as a flash ., like looking at a picture very often. It always there. I am to this day jumpy when I hear a fire truck siren, they are exactly the same as what they used at the port that night. I dont like to get in the shower either, I shower abt once every 2 weeks if needed. Heres my dillema/ I feel like they would chastize me for going get help. because so many others went thru alot worse shitd. I went fishing with a guy who has traumatic brain injury. He got shot off of a tank by a sniper, while sipping a soda, blown out of a track vehicle, and hes all messed up, mentally and physically/
. ASIDE from that, I may have a brain injury. Further down the line, as the war was winding down,they had brought a squad of us somewhere that I forget, and we were waiting to be picked up, maybe to the showers, or px or somewhere like that. We were sitting under a large flatbed iron trailer that was docked there, to get out of the sun. we were there for a long time, abt an hour. well finally our ride came, and I stood up as I usally would, and forgot I was under the trailer. I stood up and went right down, awaking with sand in my mouth. I heard ringing and it hurt like hell. I had a headach for abt 3 day/ I never went to sick call. Ive had short term memory issues ever since. So I think that caused it.
With the way the va is though, the doubting thomas show me proof you lying bastard attitude that they have, Ive been reluctant to go forward for help.
Edited by 63SIERRALink to comment
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