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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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Picked By
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 rating
Picked 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.
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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.
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Lemuel, -
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Question
ErinNick
Hello to everyone! I am a new member, joined today, but have been reading these forums for a couple days now.
My husband is former Army and has filed for PTSD disability. After reading what issues the scorers look for in a certain percentage, I would say that he fits the 70%.
A little background on my husband: He's always had major mood swings for as long as I've known him. There have been major infidelity issues since I've met him, which come to find out, is part of the PTSD. He was diagnosed with PTSD in November of 2013 after we had a major fight over his infidelity and he almost slit his throat with a knife. Before using the knife, he made a rational decision and dropped it and walked straight to our town's police department and told them he needed to talk with someone that could help him. This turned into a stay at the VA mental hospital for a week, where he was diagnosed with PTSD. I honestly think his hygiene could use some work.. I try to work with him on this, but it doesn't seem to phase him. He doesn't shower for weeks at a time and no brushing his teeth. I'm telling this stuff about him not to bash him, but to get a general sense of his problems. When asked about his trigger, he can't pinpoint anything specific. He's served in Korea and Afghanistan.
So flash back to around a year ago when he initially filed for disability. I'm thinking, he's already been diagnosed with PTSD though the VA. This will be a breeze for him.. now after reading everyone's stories, I'm thinking it's going to be a little harder than we both imagined.
If he filed about a year ago, what is the timeline? He has yet to hear from anyone except when they told him about 2 months ago that they've collected all the necessary documents and medical records. His claim isn't showing in Ebenefits, so he really doesn't know where we stand. Can anyone with experience tell me how much longer he has to wait to get an answer? Will someone interview him at all? We are so confused by this whole process.
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Buck52
ErinNick All the above information is great advise! I suggest You need to learn what the Abbreviation's mean in VA language...some are very important! if not all of them. Here are just a few CIB Com
Andyman73
Erinnick I'm going to the MH walkin tomorrow. I received orders to report there, from a fellow Hadit Vet. So I'm finally taking that step. I'm totally freaking out about it, tho. Semper F
knap-sack
I was very hesitant in the beginning, I was not in combat and I thought ptsd was only for big time combat. I just had three guys trying to kill me. No big deal. I took a call from a social worker an
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