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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
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
lcplcookba1
First I want to thank the members of this forum, wow, what a vast data base created by the finest men and women that ever walked the face of this earth. Semper FI to all.
So I was medically discharged after a HUMMER hit my MC as I was just minding my own business in 1987. The right side of my body was pretty much destroyed. Currently, I am rated at
20% degenerative disc disease 5243
20% residuals first and second metatarsals 5010-5284
10% residuals gamekeeper 5010-5224
10% interverbial disk syndrome 5243-8522
10% post operative residuals removal of the plica 5257
10% Chronic Bronchitis 6600
0% scars 7805
Combined Rating 60%
Rating decision was 2010
Jan 2015 I had another C&P exam
My current issues are increased pain in back, right leg is completely numb and aching I've been diagnosed with peripheral neuropathy of both feet, sleep apnea, High blood pressure high cholesterol, diverticulitis, gout, yada yada yada.
I'm prescribed 8 Vicon a day 2700 mg gabapentin, linsipril, samivstatin, indomethicine oh man its a full hand full of stuff just to function everyday. I have VA shoes, a cane and a walker. I'm not good. But it is what it is.
The DR commented that my Pulmonary exam was terrible but didn't expand. I tried to comply with everything he asked of me but I'm very guarded when it comes to my pain as it takes weeks to heal.
I haven't worked in 2 years and was making 72k as a sheet metal worker. My life feels like its over but I have custody of 3 ids 11,15 and 17 and must carry on for them.
The wait is murder to find out if the VA will rate me 100% IU. Can I get some input from you guys
Thanks Cook BA
I'm 49 Y/O and feel like I'm 70.
(440765218) C&P exam-pdf.pdf
Edited by lcplcookba1Link to comment
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georgiapapa said, I can not recall any successful TDIU cases on Hadit that did not meet the standard criteria. In some cases like this what VA will do, is raise the veterans' service conne
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