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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
kuraiyamy
Hello.
I just got a call a few days ago from VA saying that I missed a VA re-evaluation exam on Dec 10,2014.... and they are going to reduce my rating.... I never received any notice of such exam being scheduled, nor when and where to appear... Supposedly it was sent to my mother's old address, along with two notices. The gentleman from the va also informed me two due process letters were sent to that address and supposedly they made multiple attempts to call me, but may have used a different number.... due to this my rating was accreditations to have been reduced... and the best part is this sold have taken affect this month and that it is strange that he got a hold of me and all current contact info was in the system. Told me to contact va rep imidiatly and tell them about his phone call and that he would note that he contacted me.
Called va rep numbers and got a hold of a va rep and told her about the phone call, she looked every thing up in the computer and verified that all my current contact info was in the system, a long with old contact info that the regional va used instead? Any way she said she c would put in something to say i never received re-eval appointment letter and a new one should be scheduled and to give her a call as soon as something developes or some time goes by and and it's been a while... oh and try to worry.
I guess something similar has happend a lot recently to other vets...
well been trying not to worry, only been effective at worrying more!
I have no idea what to do, and feel it's already to late. Any advice would be greatly appreciated. Thank you all in advance.
P.s.
I have seen it recommended constantly to get a good "aggressive" rep or/and lawyer.
what is a good and "aggressive" rep organization? I filed with just a regular va rep. Is it to late to switch? DAV is recommended by VA or VA reps...
Do i need a lawyer? How do i find a VA claims/disability lawyer, let alone a good one? I can only find Social Security lawyers. ..
Thanks again.
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pwrslm
Make sure you have an EBenefits account. The VHA and VBA are not the same data base. You have to change your address in both systems when you move/change addresses. Keep your address up to dat
broncovet
Attorney Chris Attig has some advice on missing exams. http://www.attiglawfirm.com/uncategorized/cp-exam-from-va/
ArNG11
Heh I know this is not exactly the topic on this post but it sure is convenient for the VA to suddenly forget where you live when it concerns appeals, reductions, and so forth. If the system such oh
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