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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
Berta
Tonight's H VAC hearing is going to reveal some interesting testimony about the claims backlog.
The hearing info states: Jul 14, 2014 | Hearing
Evaluation of the Process to Achieve VBA Goals
http://veterans.house.gov/legislation/hearings
But it goes further than that
At 7:30 PM on C span, so far as I know.
"Internal investigators at the Department of Veterans Affairs have told Congress that some VA workers were "cooking the books" on benefit claims by veterans to make it look like the work was being done in a more timely fashion, much like earlier charges that VA schedulers were changing dates to mask long delays in veterans getting health care appointments."
"They manipulated the numbers," Rep. Jeff Miller (R-FL) told me, "which is exactly what has happened with the backlog of health care requests."
( This is exactly what part of my 5 page letter to Cong. Miller last month revealed.And info I gave the IG last month. My main concern however was how VA has manipulated the true malpractice statistics.
It is up to every veteran here who has had problems as noted below, to tell the Committee themselves of how their claim is being mishandled by the VA.)
.
I used 2 of my own claims as documented examples, of being backlogged in total for 14 years, because the RO refused to read my medical (and legal )evidence for them as well as the fact that VA is,per IRIS, "working on" a DIC claim that I won in 1998, instead of trying to find a 1151 claim I filed in 2012 and addressing my pending CUE claim.
"In a review of work at the VA regional benefits office in Philadelphia just last month, investigators found "significant opportunities" for VA workers to "manipulate and input incorrect dates of claims in the electronic record."
In other words - it wasn't too hard to change the dates and make it look like the VA was acting quickly on veterans benefits claims.
For example, the IG found that when claims workers were trying to deal with outstanding claims, they used the date they discovered the delayed application for benefits, not the original date the claim was made."
"The review found that workers were using an electronic date stamp to record when veterans benefits claims were received - but "each claims assistant maintained a key that allowed access to the mechanism inside where they could adjust the electronic date."
In one instance, the "electronic date stamp incorrectly stamped documents with a future date," Halliday reported."
In spot checks in several VA benefit offices, investigators found more than just issues about date manipulation, saying there is evidence that sometimes veterans claims aren't acted on at all.
In Philadelphia, officials "found mail bins full of claims and associated evidence that had not been scanned into Virtual VA since 2011," Halliday will tell lawmakers.
Other possible troubles included VBA staffers "inappropriately shredding or destroying" mail, staffers hiding incoming mail, workers not dealing with over 32,000 electronic inquiries from vets about the status of their claims and evidence of improper payments."
Monday night's hearing will also feature testimony from whistleblowers at the VA; a committee spokesman said these VA workers tried to speak up about issues with veterans benefits claims, but suffered reprisals from within the system like other VA workers the panel has heard from.
"These are challenging times for VA," says Halliday of the VA's IG office.
And for lawmakers, it's another chance to lean on the VA for straight answers in a hearing after the dinner hour.
http://www.wsbradio.com/weblogs/jamie-dupree/2014/jul/14/new-charges-va-data-manipulation/
Has anyone here taken the time to put their concerns about any level of VA, in writing ,to the H VAC?
Edited by BertaGRADUATE ! 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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Notorious Kelly
Berta, Sure appreciate your well-written and documented evidence added to the pile - I think it counts for a lot!
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