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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
Navy04
Below is C&P exam results for Asthma. Don't know how to read the condition. It looks like I will be granted SC, what % do you guys think will be awarded. Thanks for the help and God Bless!!!
List any records that were reviewed but were not included in
the Veteran's
VA claims file: VA medical records.
SECTION I: DIAGNOSES
--------------------
Does the Veteran now have or has he/she ever been diagnosed with
a
respiratory condition? (This is the condition the Veteran is
claiming or for
which an exam has been requested): Yes
[X] Asthma
Date of diagnosis: 2008-10
SECTION II: MEDICAL HISTORY
----------------------------
Describe the history (including onset and course) of the
Veteran's
respiratory condition (brief summary): The Veteran was deployed
to both
Afghanistan and Iraq , and during that time
period he was
exposed to the burn/fire pits with the noxious atmospheric
particulates/fumes.
He soon developed a chronic cough, and was diagnosed with acute
bronchitis
and asthma/reactive airways.
He was prescribed an Albuterol inhaler, which he now uses only
as needed.
He does not smoke; he does have occasional shortness of breath.
Does the Veteran's respiratory condition require the use of oral
or
parenteral corticosteroid medications: No
Does the Veteran's respiratory condition require the use of
inhaled
medications: Yes
Check all that apply:
[X] Inhalational bronchodilator therapy
Indicate frequency: Intermittent
Does the Veteran's respiratory condition require the use of oral
bronchodilators: No
Does the Veteran's respiratory condition require the use of
antibiotics: No
Does the Veteran require outpatient oxygen therapy for his or
her respiratory
condition: No
SECTION III: Pulmonary conditions
---------------------------------
Does the Veteran have any of the following pulmonary conditions:
Yes
[X] Asthma
Asthma
------
Has the Veteran had any asthma attacks with episodes of
respiratory failure
in the past 12 months? No
Has the Veteran had any physician visits for required care of
exacerbations?
No
Other pertinent physical findings, scars, complications,
conditions, signs
and/or symptoms
----------------------------------------------------------------
----------
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? No
Does the Veteran have any other pertinent physical findings
complications,
conditions, signs and/or symptoms related to any conditions
listed in the
Diagnosis section above? Yes
Description: Lungs are clear to A&P today.
HEENT reveals mild bilateral nasal septal hyperemia and
turbinate
enlargement.
SECTION IV: Diagnostic testing
------------------------------
Have imaging studies or procedures been performed? Yes
[X] Chest x-ray
Date: Pending (ordered)
Has pulmonary function testing (PFT) been performed? Yes
Do PFT results reported below accurately reflect the Veteran's
current
pulmonary function? Yes
PFT results
Date: 12/10/2014
Pre-bronchodilator: Post-bronchodilator, if
indicated:
FVC: 50% predicted FVC: 83% predicted
FEV-1: 43% predicted FEV-1: 81% predicted
FEV-1/FVC: 65% FEV-1/FVC: 75%
DLCO: 92% predicted DLCO: % predicted
Which test result most accurately reflects the Veteran's level
of disability
(based on the condition that is being evaluated for this
report): FEV-1%
predicted
Does the Veteran have multiple respiratory conditions? No
Has exercise capacity testing been performed? No
Are there any other significant diagnostic test findings and/or
results? No
SECTION V: Functional impact and remarks
----------------------------------------
1. Functional impact
--------------------
Does the Veteran's respiratory
condition impact his or her
ability to work?
No
2. Remarks, if any:
-------------------
The Veteran is claiming service connection for
asthma/bronchitis.
Opinion: It is as least as likely as not that the Veteran's
asthma/bronchitis is proximately due to or caused by military
service.
Rationale: The C file was reviewed.
The STRs do document the periodic bronchitis, as well as the
asthma with
wheezing, and the prescription for the Albuterol inhaler.
Recent PFTs also show the positive bronchodilator response,
as well as a
baseline moderate obstrcutive and restrictive lung defect,
consistent with
the Veteran's diagnoses.
Thus, the service connection is substantiated.
100% PTSD
100% Back
60% Bladder Issues
50% Migraines
30% Crohn's Disease
30% R Shoulder
20% Radiculopathy, Left lower 10% Radiculopathy, Right lower
10% L Knee 10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II
10% Scars
SMC S
SMC K
OEF/OIF VET 100% VA P&T, Post 911 Caregiver, SSDI
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