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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
mtkabbott
I was seeing if I could get some advice/insight as to what I should do about my problem.
I retired after 24 years in September 2013 with my final discharge date being October 31st 2013. Unfortunately I received some bad advice, in my opinion, and did not file my disability claim until in November 2013. It seemed to go on track for the next few months until it got hung up in a review status and stayed that way until November 2014. At that time they requested I get re-examined. They reason they gave me was because it had been over a year since I retired so there might be additional issues to be listed on the claim. After the additional paperwork was submitted everything went rather quickly and I received my notification in late January 2015 that I was being awarded 80% and received my first monthly check at the beginning of March. During March I also received a letter indicating that while my award level wasn’t going to change I was going to received additional compensation due to some of my disabilities. About the time I received that letter I also found out my audit from DFAS had been returned and I began to patiently wait for my retroactive pay. When I heard nothing by May I began to inquire as to its status. The only information I could find out was that it was still being reviewed. I also found out the DFAS audit for the additional compensation had also come back in April. It was only recently through Hadit’s forums did I find out that retroactive pays larger than $25,000 have to go higher up for additional signatures.
At what point do I go beyond waiting and start calling/writing people? And who do I contact? I saw somewhere the mention of VSCM (Veterans Service Center Manager. How do I find mine?
You would think it wouldn’t take that long to review it since they already send you documentation clearly identifying/calculating what all you should have been paid in the first place. The other ironic part is that if it hadn’t taken them so long in the first place to process my claim, I wouldn’t have had such a large retro pay and would have probably received it by now.
Thanks for any advice (and the opportunity to vent).
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Roanoke VARO Director Keith Wilson 540-597-1120 540-597-1785 (Fax) Keith.Wilson4@va.gov VSCM Dave Svirsky 540-597-1150 AVSCM William Barksdale 540-597-1151 Lyn Cahoon 540-597-1153 She
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