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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 the C&P results from my Hemorrhoids exam secondary to Crohns Disease. What % do you guys think I will get. Thank you so much and God Bless!!!
Indicate method used to obtain medical information to complete
this document:
[X] In-person examination
Evidence review
---------------
Was the Veteran's VA claims file reviewed?
[X] Yes [ ] No
If yes, list any records that were reviewed but were not
included in the
Veteran's VA claims file:
VA medical records.
1. Diagnosis
------------
Does the Veteran now have or has he/she ever had any condition
of the rectum
or anus?
[X] Yes [ ] No
[X] Internal or external hemorrhoids
Date of diagnosis: 2013-14
2. Medical History
------------------
a. Describe the history (including onset and course) of the
Veteran's rectum
or anus conditions (brief summary):
The Veteran was diagnosed with Crohn's disease during
military service
in 2009.
He has had problems with frequent diarrhea and rectal
bleeding.
Last year he underwent diagnostic anoscopy with normal
results,
He was prescribed Analpram HC, which is hypdrocortisone
with pramoxine,
in an injectable rectal foam preparation.
Currently the hemorrhoids are actively inflamed and
symptomatic.
He also takes daily oral Psyllium to help prevent
constipation.
b. Does the Veteran's treatment plan include taking continuous
medication for
the diagnosed conditions?
[ ] Yes [X] No
3. Signs and Symptoms
---------------------
Does the Veteran have any findings, signs or symptoms
attributable to any of
the diagnoses in Section 1?
[X] Yes [ ] No
[X] a. Internal or external hemorrhoids
If checked, indicate severity (check all that apply):
[X] Mild or moderate
If checked, describe:
Pain, itching, bleeding
4. Exam
-------
Provide results of examination of rectal/anal area: (check all
that apply)
[X] Small or moderate external hemorrhoids
[X] Other, describe:
Perianal inspection reveals diffuse moderate external
hemorrhoids
which become thrombotic/bluish when straining down,
no fissures
or fistulae.
DRE reveals normal sphincter tone, moderate sized
internal
hemorrhoids without prolapse or thrombosis, and no
other masses
in the rectal vault.
5. Other pertinent physical findings, complications, conditions,
signs and/or
symptoms
a. 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?
[ ] Yes [X] No
b. 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 [X] No
6. Diagnostic testing
---------------------
a. Has laboratory testing been performed?
[X] Yes [ ] No
If yes, check all that apply:
[X] CBC (if anemia due to any intestinal condition is
suspected or
present)
Date of test: 2/11/2015
Hemoglobin: 15.8
Hematocrit: 44.3
White blood cell count: 5.1
Platelets: 191.0
[X] Other, specify: Sed Rate
Date of test: 2/11/2015
Results: 3 (normal)
b. Have imaging studies or diagnostic procedures been performed
and are the
results available?
[X] Yes [ ] No
If yes, provide type of test or procedure, date and
results (brief
summary):
See above.
Colonoscopy 8/19/2009--internal hemorrhoids visualized
c. Are there any other significant diagnostic test findings
and/or results?
[ ] Yes [X] No
7. Functional impact
Does the Veteran's rectum or anus condition impact his or her
ability to
work?
[ ] Yes [X] No
8. Remarks, if any:
-------------------
The Veteran is claiming service connection for hemorrhoids.
Opinion: It is as least as likely as not that the Veteran's
hemorrhoids
are proximately due to his service connected Crohn's disease.
Rationale: The C file was reviewed.
The STRs do document the rectal bleeding and the Crohn's
disease.
He has frequent diarrhea and some constipation; this in and
of itself is
prone to lead to hemorrhoid problems, which were clearly seen
and palpated
on today's exam.
Also, colonoscopy in 2009 did visualize internal hemorrhoids.
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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