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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
rigo
Hi everyone, its being a long time, came accross the decision Deshotel v Nicholson (What a piece of work by the VA against veterans claims). Sorry if this was posted before. This decision has the potential to turn the current non-adversarial Department of Vetrans Affairs (VA) claims adjudication process on its head as these two decisions could result in VA denying claims without making a specific decision and without providing procedural and appellate rights.
The Federal Circuit`s decisions in Deshotel and Andrews are specially harmful to veterans and their advocates because, until these recent decisions, veterans and their advocates (based on the back practices of the VA) did not know they had to appeal the failure of the VA to act on the specific and inferred claims. Now, as a result of Deshotel, representatives may have to file notices of disagreement (NODs) with many VA adjudications to protect the rights of the people they represent. Also claimants would have every right , under the Freedom of Information Act (FOIA), to request copy of their claims file so they could review the record for inferred claims. This, of course, would dramatically slow the VA adjudication process.
The American Legion, in consultation with the National Veterans Legal Services Program (NVLSP), is currently considering options to address the problems posed by these recent decisions, including a possible legislative remedy and/or requesting VA to amend its regulations to require specific notice with procedural and appellate rights before a claim is finally adjudicated. Such action are necessary in order to protect the non-adversarial nature of the VA claims adjudication process.
In the meantime, we offer the following guidance:
CLAIMS THAT HAVE NOT BEEN FINALLY ADJUDICATED
Whenever a claim is adjudicated by a regional office, the representative should consider filing a NOD with the "failure of the regional office to adjudicate all specific and inferred claims." The representative should also consider asking for a copy of the claim files if the claims file has not yet been reviewed. Representatives are advised to err on the side of caution. File an NOD and ask for a copy of the claims file where you are not certain that all claims have been adjudicated and that notice has been provided.
THE FOLLOWING IS SUGGESTED LANGUAGE (BOILERPLATE) FOR THIS NOTICE OF DISAGREEMENT
I disagree with all issues resolved or ignored by the decision dated [insert date of the notice letter] and wish appellate review. Recent Federal Circuit decisions hold that if a veteran files more than one claim with the RO at the same time, and the RO`s decision acts (favorably/unfavorably) on one of the claims but fails to specifically address the other claim, the second claim is deemed denied, and the appeal begins to run. Therefore, I file this notice of disagreement to protect my rights against the failure of the VA to adjudicate all my claims and the failure of the VA to notify me under 38 U.S.C. 5104.
Berta the VA totally has ignored the excellent CUE claim you prepared in 2004, still waiting for a rating decision.
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