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My Diagnosis Has Changed And Worsened Could My Rating Change?
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Sebastian Fresta,
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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
Sebastian Fresta
Hello,
My disability is listed as dysthymic disorder (Bipolar, major depressive, general anxiety). I was medically discharged from the Navy in 2013. Since then my condition has worsened and my diagnosis has been changed to schizoaffective. If Im not on medication (which rarely works) I see things that arent there and have persistent violent "voices" and or thoughts along with vivid persistent suicidal ideation mood swings depression anxiety attacks and insomnia. Ever since I have gotten out my condition keeps worsening my medications work but then dont work because my body gets used to them. Its taken 7 or more Dr's to treat me and i have been impatient as well as intensive outpatient for over 100 days while in active duty. I was seeing a VA psychiatrist after I first got out but i did not feel comfortable with their treatment procedures and the fact that they kept on pushing electro shock therapy on me so I now see a civilian Psychological Nurse Practitioner for my treatment and medications. I also see a civilian therapist for CBT. My condition has made it hard for my family, me being able to hold a job for more than around 3-4 months, working, talking to people, my social life with friends and just life in general. My question is currently I am at 60% VA disability with 50% USN rating, after doing some research, I realized I can relate to many things in the compensation guidelines for mental health conditions and mainly was wondering if i may be entitled to a higher VA rating. Im not trying to scam the system or anything. My mental health is diminishing i feel and if there is something i can do to appeal for a higher rating without decreasing my current rating (which i am paranoid about) could I do it and how? The reason I ask is because money is really tight for me and i had to declare bankruptcy due to manic spending and half of my small paycheck gets taken away for the trustee. I dont have enough money for my medications and i rely on my mother and father for financial help with purchasing my medications which are very expensive and being treated by my Nurse and therapist. The VA wont fill my prescriptions because they are from an outside source. Tri-care doesnt cover half of my medications so i have a different insurance provider and the deductibles are high. Any words of advice would be greatly appreciated.
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