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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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RichardZ, -
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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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Question
Wings
[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Notices]
[Page 51674-51675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au06-167]
DEPARTMENT OF VETERANS AFFAIRS
Veterans' Disability Benefits Commission; Notice of Meeting
The Department of Veterans Affairs (VA) gives notice under Public
Law 92-463 (Federal Advisory Committee Act) that the Veterans'
Disability Benefits Commission has scheduled a meeting for September
13-15, 2006, in the Ballroom of the Beacon Hotel, 1615 Rhode Island
Avenue, NW., Washington, DC. The meeting will begin 8:30 a.m. each day.
on September 13, the meeting will end at 5 p.m., on September 14 at
4:30 p.m., and on September 15 at 12 noon. the meeting is open to the
public.
The purpose of the Commission is to carry out a study of the
benefits under the laws of the United States that are provided to
compensate and assist veterans and their survivors for disabilities and
deaths attributable to military service.
[[Page 51675]]
The agenda for September 13 will include updates on the progress of
the studies being conducted by the Institute of Medicine (IOM) and the
Center for Naval Analyses (CNA). CNA will also present a report of its
review of lump sum payments as an option for disability compensation.
There will be a presentation by the Veterans Health Administration on
environmental and deployment health issues related to presumption of
service connection and an overview by Commission staff of the Bradley
Commission report.
The agenda for September 14 will include a briefing on the Army's
Battle Mind Training program and discussions of the 2006 Older
Americans Report and the aging veteran population, as well as initial
draft issue papers by Commission staff. Commissioners Cassiday and
McGinn will provide a summary of their regional team site visits to the
Pacific Northwest and New England. There will also be time set aside on
Thursday afternoon, September 14, for public comments.
On September 15, the Commission will receive an update on the VA-
DoD Information Technology (IT) initiatives in various stages of
development or implementation to foster interoperability between the
two agencies' health IT systems. Certification and training for VA
Compensation and Pension examiners and the use of templates for these
exams will also be addressed.
Interested persons may attend and present oral statements to the
Commission on Thursday, September 14. Oral presentations will be
limited to five minutes or less, depending on the number of
participants. Interested parties may also provide written comments for
review by the Commission prior to the meeting or at any time, by e-mail
to veterans@vetscommission.intranets.com or by mail to Mr. Ray Wilburn,
Executive Director, Veteran's Disability Benefits Commission, 1101
Pennsylvania Avenue, NW., 5th Floor, Washington, DC 20004.
Dated: August 23, 2006.
By Direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 06-7219 Filed 8-29-06; 8:45 am]
BILLING CODE 8320-01-M
USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)
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