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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.-
- 4 replies
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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 rating
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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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Question
Berta
From Col. Dan Cedusky:
http://www.nvlsp.org/Information/ArticleLi...O-AFEMVietnam-V
ietnamServiceMedal.htm
Information for Vietnam Veterans Who Received the Armed Forces Expeditionary
Medal (Viet Nam)
Why the Armed Forces Expeditionary Medal (Viet Nam) is
Equivalent to the Vietnam Service Medal
The Vietnam Service Medal was awarded to members of the Armed Forces of the
United States serving in Vietnam and contiguous waters or air space after
July 3, 1965 and before March 28, 1973. The eligibility requirements are:
(a) Attached to or regularly serving for one or more days with an
organization participating in or directly supporting ground (military)
operations.
(
Attached to or regularly serving for one or more days aboard a naval
vessel directly supporting military operations.
© Actually participate as a crew member in one or more aerial flights
directly supporting military operations.
(d) Serve on temporary duty for 30 consecutive days or 60 nonconsecutive
days. These time limitations may be waived for personnel participating in
actual combat operations.
Department of Defense Manual of Military Decorations and Awards (DoD
1348.33-M), September 1996, at C6.6, pages 50-52. See United States v.
Verdine, 41 C.M.R. 584, 586 (1969) (U.S. Army Court of Military Review takes
judicial notice of criteria for award of Vietnam Service Medal).
It is clear that the Armed Forces Expeditionary Medal (AFEM) for Viet Nam,
is an equivalent award to the Vietnam Service Medal. The AFEM for Viet Nam
was awarded as a result of a veteran's Vietnam service before the Vietnam
Service Medal was authorized (the beginning date for receipt of the Vietnam
Service Medal is July 3, 1965). The interchangeable nature of the AFEM for
Viet Nam and the Vietnam Service Medal is demonstrated in the Department of
Defense's Manual of Military Decorations and Awards, which states that those
who received the AFEM for Vietnam service could not also be issued the
Vietnam Service Medal. In addition, service members could elect to receive
the Vietnam Service Medal instead of the AFEM. The Department of Defense's
manual states:
C6.5.1.6. Election of the AFEM or Vietnam Service Medal. Service members who
earned the AFEM for service in Vietnam between July 1, 1958 and July 3,
1965, may elect to receive the Vietnam Service Medal instead of the AFEM.
However, no Service member may be issued both medals for service in Vietnam.
Department of Defense Manual of Military Decorations and Awards (DoD
1348.33-M), September 1996, at C6.5.1.6., page 50.
Accordingly, in view of the U.S. Court of Appeals for Veterans Claims
decision in Haas v. Nicholson, the receipt of the equivalent award to the
Vietnam Service Medal should entitle a veteran to the presumption of service
in Vietnam.
Replacing the AFEM (Viet Nam) with the VSM
In the event that the VA does not accept that the AFEM (Viet Nam) entitles a
veteran to the presumption of service in Vietnam, veterans should attempt to
have their AFEM (Viet Nam) changed to a VSM. Please note that the M21-1
provision upheld in Haas does not require receipt of the VSM to qualify for
the presumption of Vietnam service, since the M21-1 mandates that the VA
Regional Office go to the Navy to verify offshore service if the veteran was
not awarded the VSM.
Advocates can request the National Personnel Records Center (NPRC) replace
their client's AFEM with the VSM. The request can be made "online" using the
eVetRecs system, or a Standard Form 180 can be mailed to the NPRC. The
following section of the NPRC website provides more details, including where
to send the request and what information to include in the request:
http://www.archives.gov/st-louis/military-...ards-and-decora
tions.html
Advocates should be aware that it is not guaranteed that the NPRC or
military will replace the AFEM (Viet Nam) with the VSM.
also see:
http://www.nvlsp.org/Information/ArticleLi...O-hassvnicholso
n.htm
[Non-text portions of this message have been removed]
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"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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