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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
SincityCJ
Hello All,
Here's the background on the claim for fellow GWI vets, and some questions...
I recently received the approval on the first claim for GWI, awarded 30%.![:biggrin:](//content.invisioncic.com/r264491/emoticons/default_biggrin.png)
This was an FDC that I filed with assistance of a VSO, so there were likely some errors made in the initial application. (I hadn't found this site yet and have since learned the error of my ways...) But at the end of the day it's a win, with 2 1/2 yrs of retro.
No big payday though, as I have to pay back a tidy little sum of SSB from 20 yrs ago. ![:angry:](//content.invisioncic.com/r264491/emoticons/default_angry.png)
VERBATIM from the Decision Letter:
"Gulf War undiagnosed illness to include dizziness,short term memory loss, impaired gait, loss of balance and tingling in legs"
I quietly rejoice every time I read that part of the letter as it validates, at least for me, that I was not crazy for the years that I have sought help for these issues. So if you are reading this and you are struggling, it is frustrating but please do not give up!
So here's my questions:
I have the good fortune to receive health care through work so this was all after several years worth of chasing civilian Dr's, diagnosis, ,testing , etc... In the end I had two Neurologists provide the same opinion...undiagnosed neurological condition. One of them broke out the headaches as a separate diagnosis of Migraines. As stated in the title, they denied the contention of Migraines. Considering this
From the Decision Letter:
Service connection for migraines is denied since this condition neither occurred in nor was caused by the service. The evidence does not show an event,disease or injury in service. We did not find a link between your medical condition and military service.
I intend to appeal this decision since headaches are listed as part of GWI, all of the symptoms are related and linked in how they occur. In the process of getting C file, and results from C&Ps that were conducted for these decisions and trying to formulate sound basis for the appeals.
Questions:
Thanks for the advice and help!
"I'll gladly return their money if I would get my health back" - my Dad, Proud Vietnam Veteran.
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