Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
.thumb.png.0b66d11060c658bf7aa45efe4372d3e7.png)
- 0
Announcements
-
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 rating
Picked 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
Rude1122
I put in a claim for IBS and fibromyalgia 8/15. I had a. DBQ and all my medical and buddy statements and all the the other proper forms sent electronically. In march they asked for 21-4142 to get my medical records from my doctors or get them my self. I called the 1800# and they said that they see all my medical records and don't know why they are requesting this. So I sent them again anyway. A month later I see they reopened a old claim. Then it showed up I was claiming anxiety and depression secondary to IBS. I never did this. Now I get a letter saying my old claim was denied because I need new evidence to open it up and they are giving me 30 days. Also the anxiety and depression secondary to Ibs was denied because the I am not service connected for IBS. Like I said I never asked them to reopen my old claim or tried to get a secondary claim they did that. All I put I'm for was Ibs, and Fibromyalgia. I know 9 months isn't long for a claim but I sent in all the documents and I am still at gathering evidence phase. They have no evidence to gather I did that. I am afraid the 30 days will go by and then they will ask for for the evidence again. It's like they are stalling. Any ideas in what I should do?
Link to comment
Share on other sites
Top Posters For This Question
19
4
3
3
Popular Days
Jun 9
11
Jun 6
10
Jul 30
3
Jul 7
3
Top Posters For This Question
Rude1122 19 posts
Gastone 4 posts
Berta 3 posts
Fat 3 posts
Popular Days
Jun 9 2015
11 posts
Jun 6 2015
10 posts
Jul 30 2015
3 posts
Jul 7 2015
3 posts
Popular Posts
broncovet
I agree with Berta. For VA "stalling" is winning. If they can "stall" your claim into "next years" budget, then they can spend more money this year on what they want. If they can stall in still ano
Berta
yes, this seems to be a stall tactic. They did that to me. They opened a 'new claim' they were "working on" per 800# but I had 2 issues I had pending. I won the basis for the "new"claim alre
Rude1122
I don't have a vso. I went to to talk to a vso last year at a va hospital. He told me that if I didn't have proof, I had it in the service it would get denied. I told him I was in the gulf war and it
38 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