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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
vern2
I had some questions as to how to read and search my 1800+ pages of the CD that was mailed to me by the VARMC, St. Louis.
I contacted a management analyst and she forward my question to Mr. Herbert, Director. I have copied and pasted his reply. Please do not bombard him with phone calls. His email is derek.herbert@va.gov. The questions I asked are in BOLD.
On Mon, Apr 27, 2015 at 3:25 PM, Herbert, Derek, VBAVACO wrote:
Good afternoon MrXXXX
I’ve attempted to answer your questions below:
1. What does it mean for example: 16:33, CDT 04/23/2013 # 30785861 Submitted Electronically , at top of page?
a. This watermark reflects the time and date that the material was received within the system and denotes an electronic submission, such as eBenefits.
b. In this example the document was received at 4:33PM (CDT) on 04/23/2013 via eBenefits.
2. Notice that most of the pages have the notation " copy made by VARME St. Louis from a record in VA's possession" Does this mean copied from my old c-file ?
a. Although difficult to see, the notation is, “COPY MADE BY VARMC ST LOUIS FROM A RECORD IN VA’S POSSESSION”.
b. This watermark indicates that the material was copied by personnel at the VA Records Management Center in St. Louis, MO, prior to submission. Typically, material maintained at the Records Management Center consists of the claim file, the service treatment record, and/or the Official Military Personnel File.
Please let me know if you have any additional questions.
Very respectfully,
Derek L. Herbert
Acting Chief, Contracted Operations
Veterans Benefits Administration
Office of Business Process Integration (20C)
Veterans Claims Intake Program
Office: 202-461-9606
Mobile: 202-329-8673 Fax: 202-461-9331
I still have questions about the electronic file, as mine has 15+ pages of unreadable data. I have asked Mr. Herbert why was this not re-scanned or attempt to contact me for better copy or let me know what was not copied. Still waiting on reply.
This electronic record will be even more critical in future as I noticed in my recent C & P exam that NO C-FILE was used, just the electronic records. It appears that this is way forward for the VARO. This is noted on the exam notes as well. I am concerned as scanning what we submit and also what we submit electronically, either via fax or uploads to eBenefits is even more critical. I am trying to search and see what was not properly scanned but this may be almost impossible task (1800+ pages).
I have a pending CUE in due to VARO not using what I had uploaded in 2013 via eBenefits to decide my claim. The VARO has already admitted that they made mistakes in my claim. I have used PC-FAX to send some documents to Newnan Intake Center, but at same time, send them via eBenefits. i still used certified mail for some things as well. Trying to cover all bases:)
Vern 2
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