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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
rootbeer22
Folks:
This whole disability process has got me down. I got some of my CP Results and they are lackluster at best? Just when I thought that the exams were done and I have been making progress...it looks gloomy at best?
I literally lived in a Tank, my first two years in the Army. My wife who was newly married to me then wanted to leave because we were not together much while I was in the field. I loved the Army and I wanted to be a Tank Commander since I was in the 6th grade. Early in my career, I was severally injured twice, once in a anti-tank ditch accident and then a year later in a tank main gun explosion. So, now as I filed my claim the doc says" how do we know that you were injured in the Army?" Well, how many civilian professions use Army Tanks to do their work...none that I know of? I actually was given a Class AI flight physical and passed it when I first came in because the Army needed helicopter pilots but I still got Tanks like I wanted. But with all of the injuries and sacrifices and with good SMRs, it's almost like I'm begging to get covered for the conditions that only could have occurred in the Army? I know other vets have been through this drill before and the lack of respect really stings...I know, it's not over yet and I'm a fighter and that we vets are a sturdy group...one thing is for sure..this site has taught me a lot....and I appreciate the advice about educating ones self about the process which is important if one wants to keep their sanity until the final letter comes...then one may still have to do a Nod or even worse an appeal. I guess I thought having my stuff together by learning everything about the FDC would make the difference..... but not always...?
Edited by rootbeer22Link to comment
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ArNG11
I agree with you fellows. The process for a claim is made to tire you out and see if you will go the distance, rather that it gets so tiring and complicated that you just give up or make a deal. Depar
knap-sack
I was ten foot tall and bulletproof. I am nonthing more than a worn out old man with mental illnesses. But I like that song some days I'm as good as I ever was. That's what keeps me ticking. Never
MarkInTexas
It happens. They were missing most of my SMR's on my VA C&P's.....wasn't until I got my C-File that I noted they didn't even have them available. IME/IMO with the SMR's available should be helpf
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