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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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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
Tampabud
This is my copied/pasted IRIS inquiry:
I requested an increase in rating for my left shoulder after an MRI revealed damage not previously documented by the VA, but had existed since my active duty days. My claim was inexplicably closed in February 2014 without a rating or decision on my left shoulder claim. After several phone calls and visits to the VA offices at the Federal Building, it was explained to me that the closure of my claim was a clerical/administrative error. My claim has since been re-opened, but shows a new expected closure date of mid-2015, which is entirely unacceptable as it was an internal error on the VA’s part. It has already been one year since the initial opening of the claim; I have already had my C&P exam and submitted all evidence necessary. I would like my case to be forwarded to the examining/deciding official so I may get an answer for my request for increase.
I consistently get the same canned response from the VA.
Thank you for your service to our country.
We apologize for the delay in responding to your inquiry. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each in a timely manner.
Your claim is currently in the development phase of processing. This phase is where we gather all the evidence we need in order to make a decision on your claim. We will review your claim and inform you of any additional information that is needed.
Currently, claims at the regional office (RO) in Los Angeles are taking about 14 months to complete. Please udnerstand that these time frames are only averages, and that your claim may take longer based upon the specifics of your claim and VA's pending workload.
We apologize for the length of time it is taking to process your claim; however, we are currently experiencing a backlog of claims and are working to get them decided as quickly as possible.
The RO will contact you when a decision has been reached or if any additional information is needed. We appreciate your continue patience.
Thank you for contacting us. If you have questions or need additional help with the information in our reply, please resopond to this message or see our other contact information below.
Sincerely yours,
C. Boyd
National IRIS response center
Manager
jnb
I get this same response almost everytime. These guys suck. That is all.
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Tampabud
This is my copied/pasted IRIS inquiry: I requested an increase in rating for my left shoulder after an MRI revealed damage not previously documented by the VA, but had existed since my active duty
Slowlane
Most companies will make a desperate attempt to satisfy their customer by making immediate corrections to administrative errors. Not that bunch in St Pete. They figure the more they abuse you, th
6 answers to this question
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