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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
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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
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.
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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
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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.
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Lemuel, -
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Question
Berta
Our long time member and advocate Mike Harris ( Mekong Delta -Rivervine Forces and Pointman Ministries) emailed me of an unusual VA award. This is from the email, he got from another Vietnam Veteran:
"I read the doctor column in the newspaper. Recently, someone wrote about a VN vet that died recently of Chloangiocarcinoma, a rare cancer of the bile duct. He was a Riverine that evidently had a liver fluke that caused the cancer after all these years. This cancer evidently doesn't give symptoms until it's too late. Anyway, there is a blood test called CA 19-9, CEA or doing an endoscopy.”
I researched the BVA and found what I think might be the actual award...not sure yet... and havent heard back from Mike yet as to if this is the case:
"Mike .........Long time no see!!!!!
Not sure but this might be the widow's claim.
In part:
"Evidence of record since the RO's August 2005 rating decision includes several medical treatise articles and testimony from the appellant. An article from The Cholangiocarcinoma Foundation explains that cholangiocarcinoma arises from the bile duct. It is noted that adenocarcinoma and cholangiocarcinoma are similar terms for the same disorder. Primary cholangiocarcinoma is described as a "rare" disease which is more common in Asia and the Middle East due to a liver fluke parasite that infected the bile duct and caused cancer to form."
"Although the service records do not directly document exposure to river liver flukes, the Board finds that a reasonable inference can be drawn that the Veteran consumed local raw or uncooked fish at some point during one year tour of duty in Vietnam. Resolving reasonable doubt in favor of the Veteran, the Board finds that the Veteran is deemed to have been likely exposed to the liver fluke parasite while serving in the Republic of Vietnam during the Vietnam Era. "
ORDER
The claim of entitlement to service connection for the cause of the Veteran's death is reopened and granted on the merits.
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp11/Files5/1144474.txt
Great info which I will pass along at hadit, if OK with you.....(I wont post any personal email addy there, just that the info is from you.)" and added some chit chat....
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I wonder how many Vietnam veterans might have been exposed to the liver fluke parasite. Obviously it can have long term deadly consequences.The vet above whose email to Mike is what Mike sent to me,, asked the VA to give him the blood test he mentioned ( CA 19-9 )but I havent heard anything else on that yet from Mike.
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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