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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
Picked By
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
Picked By
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
Airborne01
Looking for input on my exam. Any feedback is welcomed!
Airborne
Ankle Conditions
Disability Benefits Questionnaire
[X] In-person examination
1. Diagnosis
a. List the claimed condition(s) that pertain to this DBQ: Left ankle fractue
S/P bone graft, left ankle degenerative joint disesase
b. Select diagnoses associated with the claim condition(s) (Check all that
apply):
Summary of other diagnosis:
[X] Other
Other diagnosis: Left ankle fractue, bone graft
ICD Code: 824
Side affected: Left
Date of diagnosis: Left:1991
Other diagnosis: Right ankle avulsion fracture
ICD Code: 824
Side affected: Right
Date of diagnosis: Right:2011
c. Comments (if any): No response provided
2. Medical History
a. Describe the history (including onset and course) of the Veteran's
ankle condition (brief summary): The veteran has a history of bilateral ankle pain starting in 1991. His left ankle was originally injured during a bad landing from a parachute jump. He was diagnosed with a ankle fracture and underwent left ankle reconstruction with a bone graft that same year. Following the surgery the veteran had extensive physical therapy and continues to take pain medication as needed. The veteran reports that in 2008 his left ankle pain continued to increase he was found to have bone spurs in his left ankle and underwent a tarsal tunnel release with excision of ostomy in November 2008. Since the surgery the veteran continues to have limited range of motion in his left ankle along with some numbness around the incision sites. The veterans right ankle pain started in 2011. He reports he injured his ankle and was diagnosed with avulsion fracture of his right navicular bone. He was treated with a walking boot for weeks and physical therapy. The veteran continues to have bilateral ankle pain and popping that is worth walking. He takes Celebrex, Naprosyn and tramadol as needed for pain. The veteran reports that because of his continued pain he will be attending physical therapy again in the future for his ankles.
b. Does the Veteran report that flare-ups impact the function of the ankle?
[ ] Yes [X] No
c. Does the Veteran report having any functional loss or functional impairment of the joint or extremity being evaluated on this DBQ (regardless of
repetitive use)?
[ ] Yes [X] No
3. Range of motion (ROM) and functional limitations
a. Initial range of motion
Left ankle
[ ] All Normal
[X] Abnormal or outside of normal range
[ ] Unable to test (please explain)
[ ] Not indicated (please explain)
Dorsiflexion (0-20): 0 to 10 degrees
Plantar Flexion (0-45): 0 to 10 degrees
If abnormal, does the range of motion itself contribute to a functional
loss? [ ] Yes, (please explain) [X] No
Description of pain (select best response):
Pain noted on exam but does not result in/cause functional loss
If noted on examination, which ROM exhibited pain (select all that apply)?
Plantar Flexion Is there evidence of pain with weight bearing? [X] Yes [ ] No
Is there objective evidence of localized tenderness or pain on palpation of
the joint or associated soft tissue? [X] Yes [ ] No
If yes, describe including location, severity and relationship to
condition(s): There is mild tenderness of the medial and lateral malleolus
consistent with a previous ankle fracture.
Right ankle
[ ] All Normal
[X] Abnormal or outside of normal range
[ ] Unable to test (please explain)
[ ] Not indicated (please explain)
Dorsiflexion (0-20): 0 to 20 degrees
Plantar Flexion (0-45): 0 to 35 degrees
If abnormal, does the range of motion itself contribute to a functional
loss? [ ] Yes, (please explain) [X] No
Description of pain (select best response):
Pain noted on exam but does not result in/cause functional loss
If noted on examination, which ROM exhibited pain (select all that apply)?
Dorsiflexion, Plantar Flexion
Is there evidence of pain with weight bearing? [X] Yes [ ] No
Is there objective evidence of localized tenderness or pain on palpation of
the joint or associated soft tissue? [X] Yes [ ] No
If yes, describe including location, severity and relationship to
condition(s):
There is mild tenderness of the medial and lateral malleolus
Consistent with a previous ankle fracture.
b. Observed repetitive use
Left ankle
Is the Veteran able to perform repetitive use testing with at least three
repetitions? [X] Yes [ ] No
Is there additional loss of function or range of motion after three
repetitions? [ ] Yes [X] No
Right ankle
Is the Veteran able to perform repetitive use testing with at least three
repetitions? [X] Yes [ ] No
Is there additional loss of function or range of motion after three
repetitions? [ ] Yes [X] No
c. Repeated use over time
Left ankle
Is the Veteran being examined immediately after repetitive use over time?
[ ] Yes [X] No
If the examination is not being conducted immediately after repetitive use
over time:
[ ] The examination supports the Veteran?s statements describing functional
loss with repetitive use over time.
[ ] The examination contradicts the Veteran?s statements describing
functional loss with repetitive use over time. Please explain.
[X] The examination neither supports nor contradicts the Veteran?s statements describing functional loss with repetitive use over time. Does pain, weakness, fatigability or incoordination significantly limit functional ability with repeated use over a period of time?
[ ] Yes [ ] No [X] Unable to say w/o mere speculation
If unable to say w/o mere speculation, please explain:
This cannot be determined without an exam after repeated use over
time.
Right ankle
Is the Veteran being examined immediately after repetitive use over time?
[ ] Yes [X] No
If the examination is not being conducted immediately after repetitive use
over time:
[ ] The examination supports the Veteran?s statements describing functional
loss with repetitive use over time.
[ ] The examination contradicts the Veteran?s statements describing
functional loss with repetitive use over time. Please explain.
[X] The examination neither supports nor contradicts the Veteran?s
statements describing functional loss with repetitive use over time.
Does pain, weakness, fatigability or incoordination significantly limit
functional ability with repeated use over a period of time?
[ ] Yes [ ] No [X] Unable to say w/o mere speculation
If unable to say w/o mere speculation, please explain:
This cannot be determined without an exam after repeated use over
time.
d. Flare-ups
Left ankle
Is the examination being conducted during a flare-up? [ ] Yes [X] No
If no, does the Veteran report flare-ups? [X] Yes [ ] No
Frequency: Daily
Severity: 10/10
Duration: Couple hours
If the examination is not being conducted during a flare-up:
[ ] The examination supports the Veteran?s statements describing functional
loss during flare-ups.
[ ] The examination contradicts the Veteran?s statements describing functional loss during flare-ups. Please explain.
[X] The examination neither supports nor contradicts the Veteran?s statements describing functional loss during flare-ups.
Does pain, weakness, fatigability or incoordination significantly limit functional ability with flare-up?
[ ] Yes [ ] No [X] Unable to say w/o mere speculation
If unable to say w/o mere speculation, please explain:
This cannot be determined without an exam during a flare up.
Right ankle
Is the examination being conducted during a flare-up? [ ] Yes [X] No
If no, does the Veteran report flare-ups? [X] Yes [ ] No
Frequency: Daily
Severity: 7/10
Duration: Couple of hours
If the examination is not being conducted during a flare-up:
[ ] The examination supports the Veteran?s statements describing functional
loss during flare-ups.
[ ] The examination contradicts the Veteran?s statements describing
functional loss during flare-ups. Please explain.
[X] The examination neither supports nor contradicts the Veteran?s
statements describing functional loss during flare-ups.
Does pain, weakness, fatigability or incoordination significantly limit
functional ability with flare-up?
[ ] Yes [ ] No [X] Unable to say w/o mere speculation
If unable to say w/o mere speculation, please explain:
This cannot be determined without an exam during a flare up.
e. Additional factors contributing to disability
Left ankle
In addition to those addressed above, are there additional contributing
factors of disability? Please select all that apply and describe:
None
Right ankle In addition to those addressed above, are there additional contributing
factors of disability? Please select all that apply and describe:
None
4. Muscle strength testing
a. Muscle strength - rate strength according to the following scale
Right ankle:
Strength Evaluation Plantar Flexion: 5/5
Dorsiflexion: 5/5
Is there a reduction in muscle strength? [ ] Yes [X] No
Left ankle:
Strength Evaluation Plantar Flexion: 5/5
Dorsiflexion: 5/5
Is there a reduction in muscle strength? [ ] Yes [X] No
b. Does the Veteran have muscle atrophy? [ ] Yes [X] No
c. Comments, if any:
No response provided
5. Ankylosis
Complete this section if Veteran has anklosis of the ankle
a. Indicate severity of ankylosis and side affected
Right side: Left side:
[ ] In plantar flexion [ ] In plantar flexion
[ ] In dorsiflexion [ ] In dorsiflexion
[ ] With an abduction deformity [ ] With an abduction deformity
[ ] With an inversion deformity [ ] With an inversion deformity
[ ] With an eversion deformity [ ] With an eversion deformity
[ ] In good weight-bearing position [ ] In good weight-bearing
position
[ ] In poor weight-bearing position [ ] In poor weight-bearing
position
[X] No ankylosis [X] No ankylosis
b. Comments, if any:
No response provided
6. Joint stability
Right ankle
Is ankle instability or
dislocation suspected? [ ] Yes [X] No
Left ankle
Is ankle instability or
dislocation suspected? [ ] Yes [X] No
7. Additional comments
Does the Veteran now have or has he or she ever had "shin splints",
Stress fractures, achilles tendonitis, achilles tendon rupture, malunion of calcaneus
(os calcis) or talus (astragalus), or has the Veteran had a talectomy
(astragalectomy)? [X] Yes [ ] No
If yes, indicate condition and complete the appropriate sections below:
[X] Stress fracture of the lower leg
Indicate side affected: [ ] Right [X] Left [ ] Both
Describe current symptoms: The Veteran has a history of a stress
fractue of the left distal tibia with no current symptoms.
8. Surgical procedures
Indicate any surgical procedures that the Veteran has had performed and
Provide the additional information as requested (check all that apply):
Right side:
No response provided
Left side:
[X] Arthroscopic or other ankle surgery
Type of surgery: Left ankle reconstruction with bone graft 1991,
Tarsal tunnel release and excision of ostectomy Date of surgery: 1991/2008
[X] Residuals of arthroscopic or other ankle surgery
Limited ROM left ankle and pain
9. Other pertinent physical findings, complications conditions, signs,
symptoms and scars
a. Does the Veteran have any other pertinent physical findings, complication,
conditions, signs or symptoms related to any conditions listed in the
diagnosis section above? [ ] Yes [X] No
b. Does the Veteran have any scars (surgical or otherwise) related to any
conditions or to the treatment of any conditions listed in the diagnosis
section above? [X] Yes [ ] No
If yes, are any of these scars painful or unstable, have a total area
equal to or greater than 39 square cm (6 square inches) or are located on
the head, face or neck? [X] Yes [ ] No
If yes, also complete VA Form 21-0960F-1, Scars/Disfigurement
c. Comments, if any:
No response provided
10. Assistive devices
a. Does the Veteran use any assistive devices as a normal mode of locomotion,
although occasional locomotion by other methods may be possible?
[X] Yes [ ] No
If yes, idenitify assistive devices used (check all that apply and
indicate
frequency):
[ ] Wheelchair
Frequency of use: [ ] Occasional [ ] Regular [ ] Constant
[X] Brace
Frequency of use: [X] Occasional [ ] Regular [ ] Constant
[ ] Crutches
Frequency of use: [ ] Occasional [ ] Regular [ ] Constant
[ ] Cane
Frequency of use: [ ] Occasional [ ] Regular [ ] Constant
[ ] Walker
Frequency of use: [ ] Occasional [ ] Regular [ ] Constant
[ ] Other:
Frequency of use: [ ] Occasional [ ] Regular [ ] Constant
b. If the Veteran uses any assistive devices, specify the condition and
identify the assistive device used for each condition:
The Veteran uses a prescription ankle brace 2-3 times a week for
residuals
of his left ankle fracture.
11. Remaining effective function of the extremities
Due to the Veteran's ankle condition, is there functional impairment of
An extremity such that no effective functions remains other than that which would
be equally well served by an amputation with prosthesis? (Functions of the
upper extremity include grasping, manipulation, etc., while functions for the
lower extremity include balance and propulsion, etc.)
[ ] Yes, Functioning is so diminished that amputation with prosthesis would
equally serve the Veteran.
[X] No
12. Diagnostic testing
a. Have imaging studies of the ankle been performed and are the results
available? [X] Yes [ ] No
If yes, is degenerative or traumatic arthritis documented?
[ ] Yes [X] No
b. Are there any other significant diagnostic test findings or results?
[ ] Yes [X] No
c. Is there objective evidence of crepitus? [X] Yes [ ] No
If yes, indicate ankle: [ ] Right [ ] Left [X] Both
d. If any test results are other than normal, indicate relationship of
abnormal findings to diagnosed conditions:
No response provided
13. Functional impact
Regardless of the Veteran's current employment status. Do the
condition(s) listed in the diagnosis section impact his or her ability to perform any type
of occupational task (such as standing, walking, lifting, sitting, etc.)?
[ ] Yes [X] No
14. Remarks, if any
VBMS was reviewed.
Claimed condition: Left ankle degenerative joint disease, left ankle
fracture
S/P bone graft
Diagnosis: Left ankle fracture with bone graft, right Ankle avulsion fracture
Prognosis: These are chronic conditions that will continue to cause pain.
Evidence: STRs, clinical history, physical exam.
Edited by Airborne01Link to comment
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