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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
cruiser07
I have a question regarding DIC and if I will be eligible to receive this benefit if anything happens to my husband. My husband is a Vietnam veteran and is now 63 years old. He was injured in Vietnam and spent one year in the hospital as he lost 1/2 lung with many other internal injuries (i.e. some of his ribs were floating). He tried to work after release from hospital but he would end up with a collapsed lung due to the floating ribs. After 3 or 4 punctures to his lung over 7 years the VA rated him at 100% disabled. This was over 35 years ago. He followed the rules and went to his evaluation/medical exams but has NOT been re-examined in over 20+ years.
I am his second wife and we have been married for 18 years. I applied for ChampVA 10 years ago and I now receive this benefit. I would like to know if I will be eligible for DIC benefit if my husband passes away from non-service connected reasons. We are in the process of planning for retirement and trying to understand if I will receive this benefit.
I called the VA twice. The first person I spoke to 3 years ago - I asked if I would be eligible for DIC and she told me that since I was already approved to receive ChampVA, I will be able to receive DIC. The second time I contacted the VA (just recently), the person told me that my husband is NOT P&T so I would NOT be eligible. Here's the hook, we received the annual letter from the VA in 2010 that says the following:
VA Benefits:
Service connected disability: YES
Your combined service-connect evaluation is: 100 PERCENT
Your currently monthly award amount is: XXXX
Are you being paid at 100 percnet rate because you are unemployable due to your service connected disabilities: YES
Are you considered to be totally and permanently disabled due to your service-connected disabilities: YES
Have you received a Specially Adapted Housing (SAH) and/or Special Home Adaptation (SHA) grant: NO
Then we received another letter in 2012 and it does NOT state that he is totally and permantly disabled - the 2012 letter reads like this:
VA Benefits Information:
Service-connected disability: YES
Your combined service-connected evaluation is: 100 PERCENT
The effective date of the last change to your current award was: 01-DEC-2011
Your current monthly award amount is: XXXX
Are you being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: YES
Also on the 2012 letter there is a line that says the effective of the last change to award was 01-DEC-2011.... what does this mean - my husband has not been seen or re-evaluated for over 20 years. I am concerned about this date meaning that they changed his rating and then it could affect the 10 year rule as well.
The person at the VA that I spoke to recently, told me the letter sent to us in 2010 stating my husband was permanent and total "was a MISTAKE" and I will NOT be eligible for DIC.
Another part of this question is that my husband would like to utilize some of the VA benefits, specifically for hearing aids. For the past 18 years, I insure my husband on my medical plan through work so he has not had to receive medical care at the VA. In order to utilize the VA for hearing aids, he must go to the VA and get a primary care physician. He is afraid to do this as he does not want to open a can of worms because he has not been evaluated in over 20 years.
On the same note, should we apply for P&T and if yes, will that initiate another evaluation even though his is 63 years old - the fear would be that they reduce is percentage and lower his disability. Also, the VA rep I spoke to recently told me that my husband should have applied for SSDI - which again will involve more examinations and we are concerned this may lead to lowering his disability percentage.
I know this is a lot of info, but I was not able to find the answers specifically to our situation. We have spoken to a VA representation in our local area but he does not have any information that is helpful.
We look forward to your helpful responses. Many thanks in advance!!!
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Berta
It would be a good idea to make an appointment with the VA to see his C file....Then again, will he be with you? I dont know if VA will allow spouses (and not the vet) to see the veteran's records.
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