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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
KDave
Fellow Vets,
First, thank you for your service and this wonderful forum. I have mostly been lurking, but finally created an account due to some questions I have.
I have very clear medical records from civilians, military, Vet Center, and the VA itself. Yet, the Claims area of the VA seems to over look the most obvious documents. Question 1 - How do I make the VA Claims see the exact area needed for service connection? I have clear documents from the military on the "Line of Duty" service connection forms showing the exact issue with the military medical doctor, an LTC, and the commander at the time signatures along with supporting docs. Somehow these were missed even though they show in the VA as evidence supported/submitted. The VA agreed that I have the various medical disabilities, but they state I have no service connection as the reason for my denial even with the LODs showing direct verified service connection.
I pride myself on being well informed and able to write a good case. I have just under 9 years working with the CFRs from a medical law enforcement position to include writing federal medical policy for EMTs/LEOs. Somehow I failed here. I did use a VSO from the DAV. They were helpful, but it seemed I had to guide them as they were factually incorrect on many topics based on clear cases and federal regulation.
As an example, I purchased a house and a rental home under one VA home loan. During my first year living in the home my VA disability rating was approved at 70%. I asked my VSO/DAV if I could get a return on the 'VA fee' that can be waived if one rates a VA disability. He said no, and that maybe in the future when I refinance it could be returned to me. If you are not familiar, there is no PMI (mortgage insurance) when one takes out a 100% VA loan. Really there is. The VA just hides it and titles it as a 'Fee' that varies depending on your situation. Mine was about $6000 of additional debt added to my total. I did not take no for an answer and kept reading and calling until I got it removed from my mortgage. I believe the DAV person made an honest mistake, but it can cost a Vet very much. Always research yourself especially when told no.
I was lucky a bit, but also worked hard earning a rating of 70% combined on my first go. It was based on my time in the ARNG OIF/OEF (2009-2010) as an EOD Tech. Recently I was approved to release that I was exposed and burned by mustard gas during a forensic investigation of a secondary IED. Question 2 - How do I verify that the VA will consider me under the 'Presumptive' category for the medical issues related to Mustard Gas Exposure and Gulf War Illness? I read endless regulation showing that the VA must use 'Presumption' when considering these issues. I do not believe that the VSO/DAV filed them as I asked, but I am not sure. For information the Mustard Gas Exposure now shows in both my military and VA medical files. One of my VA docs wrote in my file that she reviewed my records stating that I have had Mustard Gas Exposure and all sequelae (everything medically related) as a diagnosis. I have this in print and can easily find it on MyHealthyVet. I was lucky again in that from the time of disclosure to it appearing in both medical files was only 3 weeks. It did come with lots of work and daily phone calls, meetings, interviews, and medical reviews.
My last question stems from the same VA doc who diagnosed me with Mustard Gas related issues. She told me that because I was not allowed to disclose this and that it was covered up, that I will get a back date to the date of incident less military working days paid. Question 3 - Is it true that I will get a back date to the date of incident in 2009? Everything I can find and everything that I have been told otherwise shows that I will only be backdated to the date I made the claim related to these issues as normal. If you believe I will get reversed all the way to 2009, would you please point me to the regulation or court cases?
Thank you all for taking the time to read this and help me. I really do appreciate it.
Respectfully,
Dave
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