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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”-
- 0 replies
Picked By
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.
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
cperez
Posted:
22 minutes agoProblems/Conditions
Department of Veterans Affairs Description of the information included in this section
Problems/Conditions
This section contains a list of Problems/Conditions known to VA for the patient. It includes both active and inactive
problems/conditions. The data comes from all VA treatment facilities. Data is available 3 calendar days after it has been entered by a
VA provider.
Problems - Count (11) Status Problem Code Date of Onset Provider Source
Back Pain ACTIVE 724.5 -- --
Allergic rhinitis ACTIVE 477.9 -- --
HTN ACTIVE 401.9 -- --
Schizophrenia ACTIVE 295.90 -- --
Headaches ACTIVE 784.0 -- --
Dizziness ACTIVE 780.4 -- --
Asthma, unspecified type, with status
asthmaticus
ACTIVE 493.91 -- --
Schizoaffective disorder ACTIVE 295.70 -- -
Posttraumatic stress disorder ACTIVE 309.81 -- --
SUICIDE/HOMICIDE ASSESSMENT:
Are you having thoughts today about killing yourself? ( x) No ( ) Yes
Do you have a plan to kill yourself ( ) No ( ) Yes Describe the plan
Do you have means to carry out the plan? ( x) No ( ) Yes
Risk Level ( ) No Risk ( x) Low ( ) Moderate ( ) High
RISK FACTORS IDENTIFIED:
Psychiatric/ Suicidal History: Current Mental Disorder (especially Mood
Disorder)
Military Service: Eligibility: NSC
VERIFIED
Exposure to extreme stress
Financial issues: Financial stressors, Job Loss/Change/Inability to
acquire a job
Medical issues: Chronic Pain, Other:
Chronic medical problems.
Veteran states he can't keep a job or relationships
and
has no income currently. He states he has been homeless frequently in the last
3-4 years and is staying with a friend temporarily. He anticipates he will have
to leave soon because he isn't contributing money. He only has food stamps.
I
discussed the Domicillary and Transitional Living. I also told him about the
HUD/VASH Program though he wouldn't qualify at this time. I gave him to
applications for Haven Recovery and the Domicillary. He had been turned down
for VA Compensation several years ago even though he was in the hospital while
in the service after a car accident. He has flashbacks about it. I suggested he
go to a Veteran's Benefit Counselor and re-apply. He said he has pain in his
back, knees. He states he doesn't trust people and has trouble socially.
He
may need to apply for SSDI as well.
PLAN OF CARE: Veteran is to return the applications if interested. Will set up a
follow up appt. in one month.
The patient has been involved in the development of this plan of care and
concurs with such.
Educated patient/family regarding treatment plan and its
purpose/risk/benefits/effects; provided opportunity for questions.
Patient/caregiver voiced understanding of information.
Time Spent:( )20-30 minutes ( X)50-60 minutes ( )other:
There is
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