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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
Joe Boom
Hello my fellow veterans,
I am trying to conduct a survey as to how many Gulf War veterans have tested positive for Mycoplasmas. The survey at this time will be limited to the first Gulf War veterans (pre 9/11 vets) that tested positive or may not even no that they may have the Mycoplasmas in their system. I have not figured out how to conduct the survey yet but I will be open to any suggestions and responses to see how this all pans out.
Back in the mid 1990's the VA conducted Study #475 at Hines Hospital in Illinois. I was one of upwards of 1000 veterans that tested positive for one or more of the Mycoplasma species. I tested positive for three Mycoplasma species. After that I was allowed to participate in the double blind study by either taking a placebo or a Doxycycline medication that was supposed to eradicate the mycoplasmas. However a report was generated from the Annals of Internal Medicine stated later in its findings that the doxycycline medication did nothing to eradicate the mycoplasmas. (See Link for the full 15 page report http://annals.org/article.aspx?articleid=717633). So I went to my VA in 2008 and asked them if they would retest me to see if they were still in my system. The VA doctor initially refused me and wrote in his notes that I walked out of the consult. I did walk out after he refused to provide the service I requested. There was no point arguing with him, he made up his mind that I did not need to be tested. I am currently trying to get retested by the VA after working with patient advocacy at the VA hospital that I belong. As of this writing the VA has made me do all the leg work. Telling me that I need to order the test results from the original hospital that ran the survey and that I need to find out what lab they used ETC. However can't the doctor order those tests and find out what labs conduct the required tests? Either way I am no closer to getting tested again then I was back in 2008. And here is the kicker. I have a claim pending in Appeal in Remand at the Chicago Regional Office waiting since 2011 since it was kicked back from the BVA because the VARO sent my C file to the BVA incomplete Surprise, surprise.This is a whole other story. More to come.
Joe Boom
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fortitudine
Unfortunately I don't have an answer for your question about obtaining the test results or getting another test. I would go with testing from private physician if your VA doc is uncooperative. I h
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