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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 rating
Picked 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.
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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
meltech29
Hello All ….
I’m seeking advice with this …SSDI.
I’m a medically retired (PDRL) veteran from uncle sam misguided children. I have a service connected disability of 80% combined, 70% MDD and 10% Knee. I’ve been unemployed since 2008, I’m 59yrs old. I’ll be 60 this year.
Recently I filled for social security disability on 24 November 2014. I personally went to MY local SS office to fill my claim for MDD. I submitted my VA award letter, my C&P examination and letters from my psycho therapist (MHO) I’ve been going to her since 2012 on a biweekly frequency for treatments.
On 4 December 2014 I received the Function adult form and the Work history Form. I filled both of them out and sent them back including a MENTAL Residual Functional Capacity form from my psycho therapist.
From reading in the forum and also the internet, this is very scary to me. You have two federal agencies The VA and SS. And each one has there rules ….
I think I will get approve
I’ve paid into the system (social security) for over 38 years of my life. 6.2% out of every pay check. From talking with the SS representative he said he doesn’t think I’ll have a problem. But you never know. He said I would get 16k retro back pay, and $1337.00 a month.
In the meantime I’m still waiting on my appeal and my NOD from VA since March 2014.
What are you guys thoughts …Thanks …
70% MAJOR DEPRESSION DISORDER
10% RIGHT KNEE
80% COMBINED EVALUATION
"It's the repetition of affirmations that leads to belief. And once that belief becomes a deep conviction, things begin to happen".
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meltech29 7 posts
Pete53 1 post
USMC_HVEQ 1 post
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Mikemmlj
You're age will work in your favor with SSDI. If you're over 55 they consider it more difficult to get hired.
USMC_HVEQ
Have you ever filed for TDIU with your 80% VA combined rating? I don't see you SSDI being a problem. They ask about your last 10 yrs of working history? I would suggest if you have not applied for TDI
SANDMAN
If you get awarded SSDI solely for Service connected Va conditions , send it in as new and material evidence for you TDIU claim. Theres a good chance you will receive SSDI letter before your TDIU is
13 answers to this question
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