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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
K_C
Apologies if this has been answered somewhere already--I looked here and on Google but can't seem to find a clear answer to what seems like a simple question. Thank you in advance for any clarity!
So, Date of Claim generally becomes the Effective Date on approved claims. But, what is the Date of Claim when filing on eBenefits?
My understanding has been thus far that the Date of Claim is the date in which you opened/started the claim on eBenefits. In other words, the date you filled out the first form of the series. Once you do this, they email you a receipt with yada yada yada you have 365 days to complete this claim. On my last claim, this is what they counted as the Date of Claim.
On my second claim, they appear to be treating the Claim Submission Date, i.e. the date in which I completed the entire set of claim forms, uploaded my evidence, and submitted.
For example, in this particular case I started the claim in July 2014 by submitting the first few parts of the form. As soon as I submitted the first page of the form, I received the you-have-365-days email. I then proceeded to compile evidence and produce documentation until March 2015, which is when I uploaded my evidence and submitted the claim for processing. They approved part of my claim (yay) but have set the Effective Date to April 01, 2015, whereas I would have expected either July/August 2014 or December 2014 (COLA date).
What am I missing here that leads me to believe they made a mistake? If I'm not mistaken, is this something that can be questioned in a local hearing, which I will be requesting anyway for the part of the claim they denied? Speaking of, how do you deny a painful scar that clearly happened in service? They didn't even give me a C&P for this claimed condition. Very confusing. Off topic I know, but maybe someone already reading this has an opinion on it.
Thank you all for your help!
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K_C
Apologies if this has been answered somewhere already--I looked here and on Google but can't seem to find a clear answer to what seems like a simple question. Thank you in advance for any clarity! So,
K_C
Just some documentation supporting the idea that the date of opening the claim is more the Date of Claim than is the date of submission. First, NOLO (http://www.nolo.com/legal-encyclopedia/how-va-de
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