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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
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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
DNETT
I retired from the USAF with 24 yrs of service due to back,knee and multiple other issues verses being forced out due to not being able to run. I had a lot of concerns about the VA and then I stumbled on to this website. Although I had not posted very much I have been reviewing all the forums for about 2 years. I filled under the BBD program in July 2014 with an official retirment date of 1 Sept. I have been looking at E Benifits about once a week for the past couple of months to see my status jump back and forth many times then on 8 Feb it jumped to prep for decesion. So I started checking everyday no change until I checked on 15 Feb and to my amazement my claim was closed on 14 Feb 2015. I checked my VA letters and below is what my AB8 letter stated
Dear Mr. Xxxx
This letter certifies that XXXXXXX is receiving service-connected disability compensation from the Department of Veterans Affairs.
The current benefit paid is as follows:
Gross Benefit Amount $3,187.60
Net Amount Paid $0.00
Effective Date December 1, 2014
Combined Evaluation 100 percent
1. I retired on 30 Aug. shouldn't that be my effective date?
2 . Once the VA figures out my back pay from my understanding the net amount will reflect the back pay amount .Am I correct?
I want to thank everyone who contributes to this website It has made this process almost painless for me. I feel a little guilty that mine claims were painless and so many of my Brothers/Sisters in arms are having such a difficult time. I wish you all the best and will keep you updated once I recieve my brown envelope and payment.
Thank you all !!!!!!
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DNETT
I retired from the USAF with 24 yrs of service due to back,knee and multiple other issues verses being forced out due to not being able to run. I had a lot of concerns about the VA and then I stumble
DNETT
Navywife thank you very much for the info. I was worried about the reduction statement. Should I waiit to add my dependents until I recieve my brown envelope or can I go ahead and process it?
georgiapapa
It is my understanding that eligibility for Chapter 35 and Champva benefits requires the 100% rating to be permanent and total and 100% TDIU would be eligible as long as the rating is permanent and to
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