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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
jacanah83
I'll try to keep this short but it is a rather long explanation I need help with. I was in the USN from Jan 88 to July 89, the last year spent on limited duty for severe knee and hip pain. In that one year, the Navy never properly diagosed the problem, calling it polyarthralgia. They never found the problem because they didn't do anything to find the problem besides a bone scan. For a year, once a month, I'd go back and see my doctor. He'd ask if there were any improvements and I'd tell him no; how would there be any improvement, they hadn't done anything. At the end of 11 months I was sent to see a civilian doctor that basically told me that I had to live with it and go back to sea or accept a medical discharge. He also told me I was sent to him because he could tell me things the military doctors couldn't; most people that wanted to get out of the service could complain of knee pain as it is hard to diagnose. I had been selected for E5 after only 2 1/2 years in the Navy. I could have made CPO before 10. I was a submariner, qualified for all watch stations and was about to take my walk through to get my dolphins before going on limited duty. Why would I want to get out? Without some help with it though, I had no choice but to leave the Navy.
After getting out the knee and hip pain got much worse. I went to the Navy hospital in Charleston SC and saw a VA doctor. He never did an examination. He reviewed my medical record and basically told me I was a liar and shouldn't even have gotten a 10% SC disability from the Navy. He also gave me a prescription for the anti inflammatory med that got me put on limited duty in the first place. Since I couldn't take the stuff, and quite pissed off, I didn't even get it filled. After that I just had to learn to live with the pain as it was apparent nobody was going to help me.
Fast forward to 2007, I was diagnosed with degenerative arthritis in my neck and between the arthritis and so called poly-arthralgia, I ended up losing 2 jobs in less than six months because of the pain. Without an income and in a lot of pain, I ended up living with my sister so I could get some help with the problem at the VA center in Nashville. I was able to get the arthritis somewhat under control and was assigned to a primary care physician in Nashville as well. I've filed two different claims for an increase in my SC disability as I felt like the neck pain was related to the knee and hip pain. After about a million different x-rays of knees hips and neck, they declined both claims saying there was no proof of any worsening of the condition. My primary care physician tried multiple different anti-inflammatories; none of them relieved the knee and hip pain and did little for the pain for the arthritis. He switched me from Ibuprofen to Miloxicam as my blood pressure was high enough to cause worry for him. Two weeks after I started to take the Miloxicam, my blood pressure was so high I burst a blood vessel in my nose and ended up in the ER to get the bleeding stopped. I was then pulled off all NSAID's and upgraded to a narcotic. It's difficult to take a combination of Hydrocodone and Flexiril and function at a job. I could take it at night before bed but that didn't solve any pain problems while trying to work. I gave up on the primary care physician and all of his drugs and went back to the old plan of just trying to live with it. I actually felt better getting off all the meds. None of them were ever effective for the knee and hip pain anyway.
Fast foward to the present, I was turned down once again as I filed another claim to add my neck arthritis as a second disability. That claim was shot down as well, so I contacted my local senators office. They are assisting me to file another claim but told me I need some medical proof for a correct diagnosis. I'm seeing a doctor now that has been making some great progress towards a diagnosis. She prescribed Gabapentin as a diagnostic medication and the knee and hip pain is virtually non-existant after taking the very first one proving the problem is neurological and that we will have to do an MRI to figure out exactly what the problem is. Paying for one is going to put a hurtin' on my pocket book but will do so for an actual diagnosis.
My question, sorry this is so long, is why the Navy never tried to properly diagnose this after a year on limited duty and why the VA chose to take the same path for over six years now? After God knows how many trips to Nashville, 240 mile round trip, uncounted x-rays of my knees and hips that never showed anythiing, why didn't they take a different path to figure this out? None of the medications did much of anything besides make me sleepy and couldn't be taken and still function at a workplace.
Second question, with a proper diagnosis, what path do I need to take to make sure the diagnosis would rule it SC? I never had any kind of pain like that till I joined the Navy. Can the poly-arthralgia be considered as a mis-diagnosis or will it be ruled there was never a diagnosis at all? I've had to live in pain for 25 years because of a very vauge diagnosis that isn't on the rating schedule. It always seemed like that's the way the VA wanted to keep it instead of coming up with something that properly represented the problem. I'm paying out of pocket to see this doctor; have no insurance (can't afford it) so I'm looking for the proper path to present the evidence to the VA claim to increase my SC disability.
Thanks for advice offered and hope this long first post here doesn't put the moderator to sleep. LOL
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