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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
jimshoe52
I recently discovered a hearing loss in my left ear. It was an accut onset so I went to the doctor who gave me a hearing test. It was revealed that I have 70% loss in my left ear and 30% loss in my right ear. I also have tinnitus in my left ear. I talked to my Vet Rep and he advised that I should file a claim for a disability for it. He asked me what I did while in the service. I told him I was a Radioman in the submarine service. While on board we sent and received Morse code and monitored teletype signals while at sea. Sometimes the signal wasn't very good so the volume had to be turned way up. We stood 6 hr on and 12 hr off watches. We also experienced pressure differentials on the boat at times causing our ears to pop. There were loud blasts of air at times, loud machinery (i.e., diesel engine, pumps, turbines, etc.) from the engine compartment and through out the boat.
My military medical record seems to only record a pre-submarine school hearing exam. There were other audio reports in the record but I don't remember taking audio tests after assignment to my duty station. I also don't recall an exit audo test upon separation from the service. After separation from the service I'd worked in construction where I'd experience loud noises and finally, prior to retirement I worked in law enforcement. We had to requalify at the gun range twice a year. We wore hearing protection at the range. My Vet Rep said that I should file for a disability. But I'm not sure about his oppinion since I have no medical history of hearing loss since military service until now.
Based on this brief history would it be feasable to submit a claim to the Va for disability? I am currently receiving a 10% disability for back injury and awaiting a response on an appeal for a neck injury.
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georgiapapa
Based on your description of the noise exposure associated with your duties as a Radioman in the submarine service, I think you should file a claim for hearing loss and tinnitus. However, the VA wil
georgiapapa
jimshoe52, If your doctor states it would be difficult for him/her to determine whether your hearing loss and tinnitus were caused by your noise exposure in the military, noise exposure in civilian
Buck52
I agree with georgiapapa! just be upfront and honest with the Dr or Audiologist ask them about this before you take the test? if they can't or won't say your hearing loss is'' likely to as no
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