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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
hedgey
I know this might belong in the C&P forum, but the question involves painkillers and that seems to be a hot topic these days, so I figured it might be more general...
I have a C&P this week, a two parter, and one is for an increase to my rating for the Reflex Sympathetic Dystrophy in my feet. When I got rated back in 2009 for an increase and to make it bilateral, the examiner asked me how far I could walk and I replied not very far without having to stop... She said, "oh but you could walk a quarter mile, right? Just down the track at a school, right?" So I said, yeah, but I wouldn't enjoy it...
So of course in my paperwork she said I could walke more than 1/4 mile unassisted. Well, anyway, I was just really grateful that they SC'd my 'other' foot as secondary to my original one foot injury, so I let it go. A quarter mile without stopping? Not in years, my dears.
ANYWAY, I see a private podiatrist and private Primary Care. My podiatrist gives me shots occasionally, but she advised me to see my PC for oxycodene to help when the pain was very bad. She has experience with the VA and told me not to bother asking them for pain reliever beyond OTC stuff.
So yes, my PC was more than willing to prescribe Percoset, first with 5/.325acetominiphen then with 7.25/.325. I only take it when the burning and pain is so bad I really can't take it. I've managed to make a script for 120 tablets last from January 14th until last week (going in today for new script).
I did tell my VA Primary that I had the prescription, and it's in my records (at the lower dose).
My question is this: Should I make a point of telling the C&P examiner that I'm taking Percoset to manage the pain? It seems like this should support the level of severity of the pain I'm living with, but the VA is quirky. I'm a bit afraid they might go all "the Vet is getting DRUGS from a private doctor!!! DRUGS!!!" Yeah, drugs that actually work, and that I take so sparingly that I still suffer (believe me, it's awful).
What do you all think? Is doctor prescribed Percoset going to help my cause or should I just not mention it (unless asked, of course).
Also, I use a cane every day, but have no callus to 'prove' it. Handwashing is one of my OCD compulsions, but then so is applying hand lotion. My paws are clean and softy-soft!!
Well, wait, there is a small callus below my pinky ....
I have to go wash my hands now.
Let us be kind, one to another, for we are each of us together in our pain.
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Notorious Kelly
That is the catch, Hedgey, is we don't know what they're putting in records until after it's done. I am dismayed at the inaccuracies and selective entries still being made. They are doing what is
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