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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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RichardZ, -
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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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Question
blackwind
Sorry, really long post.
Not sure if this is the right place, but I am 100% service connected vet that has received his benefits for nearly eleven years. I was medically separated and denied disability by the Marines, I thought that was it. What I didn't know at the time is that the VA could assign their own ratings and 5 months later I received my letter that informed me of my compensation from a pre-discharge exam. Years I struggled inside my home fighting a new enemy: my mind. Eventually I learned how stress increases my symptoms and that I need to be in environments I either directly controlled or can deal with on my own terms. It took a decade to learn that, in the process I realized some of the stress I deal with is the direct result of sitting at home and doing nothing. I began to question if life is worth living like this, collecting a check and wasting away. My counselor at the vet center encouraged me to go back to school as a part of my therapy. Told me to deal with the challenges on my own terms and at my own pace. I always wanted to get a degree, and then a thought occurred to me. If i could work on obtaining my degree than perhaps one day I may be able to return to work, to feel useful again. At this juncture I still don't know if I could work, I mean my hallucinations of my dead daughter and her mother will more than likely haunt me for as long as I live and my two previous C&P examiners noted that this condition will likely persist through my life. I accept that, but does it mean I have to do nothing with my life? I believe if I have the possibility to find something I can do despite my obvious barriers shouldn't I at least try? Isn't that the goal of all my therapy? Well so two years ago I went back to school, turns out that as long as I can work with professors who are willing to let me slide on the attendance issues and they let me work ahead I can keep up.
Now the problem: I have a C&P exam coming up a month from now, something that has never occurred before either, for the first time in 12 years of suffering from MDD w/psychotic features I have actually manages to stay on track and work on something. Not without some rough times, as my hallucinations love to point out my failures, and continue to reinforce that I will fail at this just as I have with everything else. Hate is as good as motivator as any to achieve something. Does the ability to go to school equate to being able to manage my array of issues at the workplace? Not really, I have yet to try, school is just merely the first phase of an experiment. As I stated before I need to find an environment I can deal on my own terms, trying to find a suitable job that allows me to replace my disability income may not be even possible. Assuming I could even work for a sustained period of time at any rate. After some reading, it seems that by simply going to school (I used my GI benefits) it seems that by showing some cognitive function can put at risk the lifeline that I have been using for the past decade as I worked on trying to manage my psychological disorder. It took nearly ten years to even start reclaiming my life, encouraged by a system to improve and find some fulfillment in my life, is also the same system that will take it away as I now face the possibility of being homeless, or at the very least financial ruin as even a moderate decrease in my disability translates to over $1000 dollars loss. The previous two C&P exams I showed no improvement, it was a no brainer, I was in intense therapy trying to learn how to cope with this condition, this time however i have managed to do something other than rot in my house. I ask if the goal of therapy and medication is to help improve my condition so at one day I could manage to get off of disability (if possible) or at least obtain some kind of fulfillment in life then why risk punishing anyone who participates in therapy and attempts to manage their condition? It seems the system is designed to fail, their is no incentive to improve and rotting away in a house waiting to die is not an existence I wish to continue. At this point I won't be able to hold down a job for long, even if I could manage get an interview, practically zero work history for ten years and only a partial college education. Even if I did find someone willing to take a chance and I could maintain it there is no way I could find employment that would supplant my current income.
I never asked to be put on disability, I didn't even know I could be. I thought the military denied me (figured they would) and that was that. I figured I would have been dead soon enough, and that was ok by me at the time. I was 20 years old when my family died, medically separated at 22, and while the Marines did make my condition worse, I didn't know that they could be held responsible for it. I accepted an early death, then I got a break, allowed a chance to work on myself while all my needs were taken care of. Now I face losing everything again at 32 because I used benefits I earned, encouraged by the system to use them, and now this C&P exam will come, I won't lie about school, where someone at the VBA who only knows me on a piece of paper will look at his exam, look at my medical records and could claim I show minor improvement or even moderate and possibly rate me lower. The stress of of heading to the exam is unbearable, the thought of losing everything again is unthinkable.
Edited by blackwindLink to comment
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toddt
More knowledgeable hadit members will respond, in the mean time . . . You may find the answer here: http://www.disabilitysecrets.com/resources/disability/veterans-disability/how-long-do-veteran
Gastone
Are you earning more than the VA SGI ($12,400) per year? If so, an IU rating reduction would be proposed unless you were working in a "Sheltered Employment." There also has to be evidence that you hav
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