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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 rating
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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.
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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.
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Lemuel, -
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Question
USN_HM_VSR
Just wanted to share info on my claim that I'm going to submit along with a few other reopen claims. Any advice or comments will be appreciated.
So I'm service connected for my lower leg BL shin splints 0% from running and have a few profiles LLD for this. Documented plantar fasciitis in my AD med records, noted foot pain on my seps exam.
I separated in 07, saw my civilian PC 6 mos after seps with complaints of feet pain. He sent me to get xrays the radiologist says no fratures normal. So I said ok and continued to live with the pain. Up until sometime in 2009 I saw a foot specialist and he took xrays and said you have BL fractures in both your feet. Only recommended foot surgery as last resort so the typical custom insoles ect..... for tx.
2010 I still have pain and woke up one day and couldn't walk. I saw a specialist and they took xrays and said the best thing to do is surgery. I did the surgery still have pain to this day and developed bunions do to the surgery, scars of course, limited movement on both my big toes, pain when ever I walk, or for no reason at all, constant dull throbbing pain.
2011-present tx at VAMC with the typical insoles custom shoes etc...... Foot Doc doesn't give me much hope he says eventually I will need to get complete joint replacement and offers no other tx or advice, but to live with it.
So in between all of this there were several denials starting in 09.
But today as I was gathering evidence for my reopen I requested my set of xrays from 08 which was 6 months after separation and what do you know I take a look at the xrays myself and there were fractures in my feet at the time. The same xrays in which the Radiologist says there are none. I was denied bc they claimed that I had no/dx, no link, no nexus.
Had they gotten me the exam in order for me to get my MO like they should have supposed too since there was a link and dx/tx and complaints within 12 mos of seps than I wouldn't be talking about this right now.
So I have my Private DBQ, Mil Med records and all my PMR's ready to go for next week to submit once the foot Doc completes my MO.
I have my Psych exam with Private DBQ tomorrow, my Dental is finishing up this week and Sleep Disorder pending as well. Just wanted to share whats going on and I hope to bump % up considerably after this claim.
I have all my notification letters and rating decisions. I'm contemplating putting the dots together to see who worked my claimed previously and punch him in his mouth, bc he probably still works at my office.
Edited by USN_HM_VSRLink to comment
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bigdawg17
I have been diagnosed with cogenital pes planus(Latin for hollow foot , AKA high arches) My entrance exam made no note of the condition. I completed Army Airborne and Air Assault training. During the
USN_HM_VSR
Good to hear its moving along. Hopefully CnP Dept. calls you soon.
bigdawg17
Thanks Andyman73. I did just that. Within 20 minutes I was contacted and told the staff would address the issue. Thanks again.
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