Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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”-
- 0 replies
Picked By
Tbird, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
nelle91584
This was my questionnaire that was filled out 4/3/2015. Do this look like 70% or 100%? I know these are estimate just need some help figuring this out. Also what do it mean when it says: Her neuropbehavioral sequelae and congitive changes are more likely than not a result of her TBI.
Memory, attention, concentration, executive functions --------------------------------------------------------
[X] Objective evidence on testing of mild impairment of memory, attention,
concentration, or executive functions resulting in mild functional impairment
If the Veteran has complaints of impairment of memory, attention, concentration or executive functions, describe (brief summary): neuropsych testing within 2 years reveals mild memory loss.
2. Judgment -----------
[X] Normal
3. Social interaction
---------------------
[X] Social interaction is occasionally inappropriate
If the Veteran's social interaction is not routinely appropriate, describe (brief summary):
She has isolated from all social contact becuase she can not function with other people
4. Orientation
--------------
[X] Always oriented to person, time, place, and situation
5. Motor activity (with intact motor and sensory system) --------------------------------------------------------
[X] Motor activity normal
6. Visual spatial orientation
-----------------------------
[X] Mildly impaired: Occasionally gets lost in unfamiliar surroundings, has
difficulty reading maps or following directions. Is able to use assistive
devices such as GPS (global positioning system)
If the Veteran has impaired visual spatial orientation, describe (brief summary):
relies on GPS
7. Subjective symptoms ----------------------
[X] No subjective symptoms
8. Neurobehavioral effects
--------------------------
[X] One or more neurobehavioral effects that interfere with or preclude
workplace interaction, social interaction, or both on most days or that occasionally require supervision for safety of self or others
If the Veteran has any neurobehavioral effects, describe (brief summary):
Verbally aggressive- suspended from work and now on work leave secondary to such. She went on leave because she thought she would get physically aggressive. Infelxible, apathy- no interaction with others even her
children some time because she is unable to manage
9. Communication
----------------
[X] Able to communicate by spoken and written language (expressive
communication) and to comprehend spoken and written language.
10. Consciousness -----------------
[X] Normal
Residuals
------------
Does the Veteran have any subjective symptoms or any mental, physical or neurological conditions or residuals attributable to a TBI (such as migraine headaches or Meniere's disease)?
[ ] Yes [X] No
2. Other pertinent physical findings, scars, complications, conditions, signs
and/or symptoms
-----------------------------------------------------------------------------
a. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis
section above? [X] Yes [ ] No
If yes, are any of the scars painful and/or unstable, or is the total area
of all related scars greater than 39 square cm (6 square inches)? [ ] Yes [X] No
b. Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms?
[ ] Yes [X] No
3. Diagnostic testing
---------------------
a. Has neuropsychological testing been performed?
[X] Yes [ ] No
If yes, provide date: 2013
Results:
deficits in auditory memory, short term memory and attention
b. Have diagnostic imaging studies or other diagnostic procedures been performed?
[ ] Yes [X] No
c. Has laboratory testing been performed? [ ] Yes [X] No
d. Are there any other significant diagnostic test findings and/or results? [ ] Yes [X] No
4. Functional impact
--------------------
Do any of the Veteran's residual conditions attributable to a traumatic
brain
injury impact his or her ability to work? [X] Yes [ ] No
If yes, describe impact of each of the Veteran's residual conditions attributable to a traumatic brain injury, providing one or more examples: Veterans uncontrolled neurobehavioral sequelae from her TBI has caused significant difficulties in work including suspension and need fot leave
5. Remarks, if any:
-------------------
Her neuropbehavioral sequelae and congitive changes are more likely than not a result of her TBI
Edited by nelle91584Link to comment
Share on other sites
Top Posters For This Question
2
1
Popular Days
May 7
3
Top Posters For This Question
nelle91584 2 posts
Berta 1 post
Popular Days
May 7 2015
3 posts
2 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now