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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
Berta
A Writ Extraordinaire (Mandamus) must contain evidence of exhausting all available remedies.
That means the claimant has appellate rights they must exhaust.
However, this is a statement in emails I have just sent to those being served with the Writ and I have to contact the CAVC with a few questions, but will check out their web site first.
I know the Rules and Procedures but...there is a lot to preparing a writ...all of my evdience to be copied comes from the VA itself.
I am using this statement:
"I feel I can prove that I have exhausted all available remedies ,as a claimant , to have the Buffalo RO properly adjudicate my CUE claim and that they have violated the regulation I asked Ms Hickey for insurance, in email dated February 10,2015 to her,( and within subsequent emails to her, to Secretary McDonald and to the Buffalo VARO (all to be included as evidence for the Writ of Mandamus ) that would be properly applied to my CUE claim dated October 2012 , application of 38 CFR.4.6 to the 13 submissions they have of my evidence, still ignored at this point by the Buffalo VARO, as far as I know.
I am not a VA employee and therefore not able to physically teach VA RO employees how to read 38 CFR and M21-1MR, or how to read my evidence..."
I will submit to the court numerous recent VA decisions and past ones from the Buffalo VARO that reveal this has been the Status Quo in my regard, that this RO refuses to read my evidence, unless drastic steps are taken.....one documented example is the original FTCA Offset matter.....another is the BVA award of 2009 etc etc....
Also in the writ I have made the point that a viable NOD cannot be prepared on an illegal VA decision. Although I did send in a timely NOD as well as a NOD extension request...that I told the RO director I would appeal if denied, on that request, to the BVA.
Unless they properly award the claim based on the evidence they verified they have had for years..
My question is , someone else here maybe Broncovet, is preparing a writ too.......
How did you handle the 'exhaustion of all remedy 'part?
And Did you have to provide copies of all evidence with the Service on the Secretary, and the VARO as well as to the CAVC?
I am willing to get this to a Federal Circuit Court if denied by the CAVC.I assume I will have that appeal right too.
I know I am not the sole claimant this has happened to (continuous violation of 38 CFR 4.6) and I have years of past decisions to prove this is my ROs status Quo for every claim I filed in the past 20 years, all won after a battle....but why should anyone have to continually fight over their violations of 38 CFR?????
I am stating what I want the court to do and also asking it to be a precedent decision.
Edited by BertaGRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
A Writ Extraordinaire (Mandamus) must contain evidence of exhausting all available remedies. That means the claimant has appellate rights they must exhaust. However, this is a statement in ema
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