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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
jacanah83
I'll try to keep this brief, my last two posts ended up looking like books. I've been on a 10%SC disability since the late 80's. I've been trying since 2008 to get it increased as the condition has worsened and I never believed the condition was diagnosed correctly, they've been calling it polyarthralgia since my discharge because that's what the Navy called it. Anyway, I've taken the advice of several people on here and have gotten an IMO. I had an MRI done two weeks ago and discussed the results with my doctor. It shows 3 bulging discs in the lumbar spine causing spinal stenosis. Her diagnosis of the lumbar spine is degenerative disc desease, also have it in my neck with two discs almost non-existent. My local senators office is assisting me with filing my next claim and I wanted some guidance from some of you folks that may have gone through something like this. First question I believe I already know the answer to but I'm going to ask it anyway. At this point I feel like I was robbed of a career in the Navy as they never even tried to find the cause of the pain I was having. From the research I've done, had they looked at this from a neuroligical standpoint they might have seen the problems with my spine and might have been able to treat it. So, the question is, is it possible to have a disability rating revised at the time of discharge if it's proven that not enough was done to properly diagnose the problem? I requested my medical records from my time in the Navy and my enlistment physical clearly shows that I had scoleosis of the spine so they knew of a problem when I joined then did nothing about it when I had a problem with it.
Second question is should I file with the degenerative disc desease as the primary condition with the stenosis as a secondary condition? And, can the degenerative disc desease in the curvical spine be added as a third condition somewhat after the fact? I'm not even sure where these problems even came from. I've never had to spend the night in a hospital until I had appendicitis a couple of years ago. The only guess I've got is falling off a hay wagon helping the neighbor put up some square bales when I was about 18 with the first trailer into the barn. I fell on wooden pallets flat on my back but really didn't feel as if I'd injured myself. (I was doing it for free to help my neighbor out, would hate to find out I destroyed my spine for free. LOL)
Thanks for your help.
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