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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
Picked 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.
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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
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
Old Soul
Hey y'all! I have been reading this site for a while now and finally took the time to register. The posts I have read on this site have been immensely helpful and I hope by joining the ranks that I can help pay some of that back to other vets. I am an avid outdoorsman who lives in Central NC. Married (for now at least), 2 kids, 60% SC, SSDI (for the same issues I have applied for IU), movie lover and whole bunch of other stuff that I can't think of right now. Warning - long post!
I'd like to post a timeline since I got out of the Navy in 1994 that will hopefully provide enough info for someone to help put my OCD brain at rest. Here goes:
1994 - Honaroably discharged after an accident that caused me to have 9 1/2 hrs of brain surgery. No rating - just wanted out after the long ordeal I had been through.
1994 - 2005 - A blur. As the Grateful Dead said "Livin' on reds, vitmin C, and cocaine". Got sober from crack and booze in Feb of 2005. This is where the depression etc started to hit me bad. I had been self medicating since the surgery. Even my VA shrink is convinced that my issues stem from them playing with my computer...
2003 - Hospitalized twice for what I now know to be panic attacks. (Documented in medical records and with VA)
2003 - 2009 - Suffered through anxiety, depression, anger, headaches, dizziness, and a bunch of other crap.
2009 - Lost my 5th job in as many months. Went to VA and enrolled healthcare services so I would have access to medical and mental care. Was advised to go and see about compensation. I was awarded 60% and was surprised and thrilled!
Jan. 20011 - Applied for S/C for anxiety, etc. - denied due to lack of evidence
Oct. 2012 - Went to see DAV officer to see if they could help. They helped me file a claim for IU, Anxiety, Increased headaches, "mental condition", and dizziness.
March 2013 - Claim denied.
April 2013 - Hired an attorney and filed NOD.
Sept. 2013 - Awarded SSDI for the same conditions listed above.
25 June 2015 - Received letter from VA that a large payment had been authorized for my attorney (Good news!) because of a decision made on 5 June 2015.
1 July 2015 - Received letter from attorney that he had gotten same letter that I did and though he did not have SOC, had a "good guess" of what happened and what I would be receiving in back pay.
- Appeals page on eBennies is down for maintenance as I am sure you all know. (GRRRR!)
20 July - Spoke to VA rep and was told that my appeal was awaiting authorization and had been since 25 June. Rep told me that there was an estimated close time of 23 August 2015.
24 July 2015 - Daily check on eBennies for a change in my AB8. I notices that all of the items in my appeal are now listed as new claims with an expected completion date between 01 Aug. 2015 and 22 Oct. 2016!
Now I am nervous and confused and you are probably tired of reading and asking yourself why you just wasted 10 minutes doing so :) If you have made it this far, thanks! Anyone got any ideas besides the VA system, eBennies especially, stinks and is way too overloaded?
If you always do what you always did, you'll always get what you always got!
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Old Soul
Got my monthly pay via DD yesterday.... And a whole lot of back pay to go with it!!! Now I am just waiting on the brown envelope to see what they have to say! Wooooo Hoooooo!
Old Soul
Hey y'all! I have been reading this site for a while now and finally took the time to register. The posts I have read on this site have been immensely helpful and I hope by joining the ranks that I
12 answers to this question
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