Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
- 3 replies
Picked By
RichardZ, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
betrayed
FAXING THIS TO MY VSO IN THE MORNING< ANY FEEDBACK WOULD BE APPRECIATED
Enclosure (1) C&P Exam Report 9/26/06
Enclosure (2) Cervical Spine History
Dear Robert,
On 9/18/2006 I had a C&P Exam conducted at the Detroit VAMC by Doctor XXXXX M.D. My spouse was present for the entire exam. I gave Dr XXXXXX a copy of enclosure (2) which documents the history and associated pain caused by my cervical condition. Dr XXXXX stated he had reviewed my file including MRI reports and the statements of Dr XXXXX and Dr XXXXXX.
Today I received enclosure (1) in the mail. After a review of the report I would like to point out the following items I disagree with.
From the section:
Medical History including current complaints
a. “States Medication seems to help. No side effects.”
Duragesic side effects include fatigue, sweating, weakness and
tiredness. Oxycodone side effects include drowsiness, dizziness, lightheadedness, sweating, and weakness. Both of these medications are narcotics and prevent me from operating a vehicle or place in me in jeopardy of driving under the influence if I were to operate a vehicle.
b. States “no history of flare ups.”
In order for there to be flare ups I would have to be pain free and that never happens.
c. He repeatedly makes the statement “His work is not affected”.
In his opening statement he states, “Has not been employed for the last year and a half.” When in fact I told him I tried delivering pizzas for 12 hours a week for a couple of months but could not handle that.
d. States I am “not taking any medication for the C-Spine and or right arm.”
I am currently prescribed Duragesic 75 mcg/h and Oxycodone for the pain caused by this condition.
e. No History of acute, incapacitating neck pain in the last 12 months.
I am not able to work because of the neck pain, is this not incapacitating? Doctors normally order bed rest to prevent patients from going to work. My Doctors know that I cannot work so there is no reason to order bed rest. Enclosure (2), which was provided to Dr XXXXXX list 18 doctors, visits in 2005 for neck pain, and list 6 doctors visits for neck pain through April of 2006. It also notes I was to have a cervical spinal fusion because of the pain.
f. “He also complains of that sometimes in 1970, he started to experience throbbing pain in his left knee.”
What I stated was in the late 1970s I started having knee problems while stationed in Hawaii. I was not stationed in Hawaii until 1977 or 78.
g. He states “no history of flare ups.”
Prior to that statement he states, “began experiencing right knee pain on prolonged standing and walking.” “Going up and down stairs is difficult due to increased pain.” “Using medication prn, no side effects.” “Activities of daily living are affected.” “Repetitive motion increases the pain without additional loss of motion.”
h. “His left hip is also throbbing with pain at times.” “There is no limitation daily activities.” His work is not affected but his hip is still painful. “No history of flare ups.”
Then he states “Prolonged standing and walking makes him feel week in his left hip.” Again I do not work!
From the section:
Physical Examination
a. He states “there is no evidence of Carpal Tunnel Syndrome.”
Dr XXXXXX’s Letter which Dr XXXXX said he read states an EMG showed evidence of bilateral Carpal Tunnel Syndrome.
b. He states, “There is no crepitation”
Dr XXXXXX’s C&P report of April 8 2005 states, “the patella appeared to track normally bilaterally with crepitus with movement.” My SMR documents plenty of crepitus in my knees.
From the section:
DIAGNOSES
a. “1. Mild cervical spondylosis. 2. Normal both knees without residual of trauma.
3. Normal Left foot. 4. Normal left hip.”
The evidence of record previously submitted oppose the above diagnoses especially that of Mild cervical spondylosis. Mild cervical spondylosis would not warrant prescriptions of Duragesic and Oxycodone, multiple cervical manipulations, approximately 40 doctors visits in the last three years or recommendations of cervical fusion by two neurosurgeons. My SMR document multiple problems and a long history of knee problems with multiple diagnoses of Patellofemoral Pain Syndrome, and Chrondomalacia and regimes of Physical Therapy. X-rays taken at both the Detroit and Ann Arbor VAMC show degenerative changes in my knees and left hip.
b. He states, “There is no evidence of residual strain involving the left hip and left foot. There is no evidence of Incoordination in the right upper extremities. No evidence of bilateral patellofemoral pain syndrome.”
It is quite obvious that Dr XXXXXX did not do a very thorough review of my SMR’s where there is evidence of all of these.
c. The last statement in the report states “No impairment of daily occupational activities.
Again I do not work!
Betrayed
540% SC Schedular P&T
LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!
WEBMASTER BETRAYEDVETERAN.COM
-----------------------------------------------------------------------------------------------------------------------
You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'
Because you're different, because you're free, because you're everything deep down they wish they could be.
Link to comment
Share on other sites
Top Posters For This Question
6
2
1
1
Popular Days
Oct 25
13
Oct 24
1
Oct 26
1
Top Posters For This Question
betrayed 6 posts
Hoppy 2 posts
Objee 1 post
BoonDoc 1 post
Popular Days
Oct 25 2006
13 posts
Oct 24 2006
1 post
Oct 26 2006
1 post
Posted Images
14 answers to this question
Recommended Posts