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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
rpowell01
Well for the past 6 months I have been having some horrible issues going on that I have been telling my VA PCP over and over. First it started with me feeling sick and really, really fatigued. I thought it was the Percocet so I asked my VA PCP if he could switch me to something else. So, he switched me to Morphine. Well that didn't work either as I was still fatigued. My sleep pattern was all out of whack and it was crazy. So, I asked to be switched again and he precribed Oxycodone. I found it better than the other ones. I wasn't getting sick but I was still fatigued and my sleep patters were still messed up. Example: I would sleep from 10pm-7am. That should be plenty of sleep right? At 9am I would get really fatigued and I would have to sleep another 3-4 hours. Then by 6pm I would be sleep again, so I would try to stay awake until 7pm and then I would get up at 2am and stay up for 5 hours. This went on and on and on for a few months.
Three weeks ago I had to go to the ER because my heart rate and blood pressure went sky high and I thought that was it I was having a heart attack. Diagnosis from the ER, Panic Attacks!!! One week later I had to go back to the ER for the same exact thing. Diagnosis: Panic Attacks!!! Nine days later boom I am back in the ER for the same thing. This time there was a nurse in the room and when I explained all the symptoms I have been having she said "Have you have had your Thyroid checked?" I told her that I just had a full blood work done at the VA and they said everything was "Okay", per my VA PCP. She asked the ER MD if he would approve they test the Thyroid. 15 minutes later boom the answer was THYROID problems causing the fatigue, heart racing, elavated blood pressure and just being sick.
I have explained all my symptoms to my VA PCP and I have secure messages to prove it. Instead of gathering all the evidence what does he do, he calls Cardiology to get them to send me a heart monitor I had to wear for 21 days. Funny thing is I just received it yesterday. After I found out all the problems was because of the Thyroid because I must have had at least 5 EKGs in the past month and they were all normal. So tomorrow I am packing that monitor back up and sending it back to Cardionet (company contractor with the VA).
Since I have been dealing with this for at least 6 months, maybe longer, and my VA PCP just hung me out to dry, and, with all the blood I gave last week that should have shown bad Thyroid levels (I dont' know if they checked them on the yearly appointment), can I file a 1151 claim since it appears the VA and my VA PCP didn't have a clue? I suffered 6+ months with this crap and my VA PCP threw me under the bus and waited months and months before he did anything. He waited until I had to go to the ER with a 160 heart rate and blood pressure that I could have stroked out with.
Advice please...
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63SIERRA
That is why from here on forward, all communications go thru myhealthevet. I have a record of all communications, so If I request something and its denied, I confront them about it via secure messag
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