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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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Picked By
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
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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
pumibel
Hi everyone! I have not been in here for a while since I have started some classes. I bet I have some catching up to do! Last week I received a phone call from VES to schedule all of my exams ASAP, so tomorrow is my PTSD exam. I have been stressing about it for the past few days, but I know that cannot help. Next week I have to see the dentist on the 25th, a regular general medical doctor on the 27th, and on the 29th I have a bunch of X-rays and an echo-cardiogram scheduled.
The VA had sent me a letter, dated for the 24th of December 2015, stating that they could not settle my case under the FDC program because they needed to know where all of my aches and pains were located. I was not surprised that they were going to remove my claim from the FDC, but the reasoning was suspect. I had provided all of the pain locations on my claim, and when I go to eBennies and look at my pending claim, I can see all of the places listed. Today I received another VA letter stating that the Dec letter was an error, and that all of my appointments would be scheduled very soon, so my claim would stay in the FDC program after all. yay!
I still do not know where my STRs are! The agencies from which I have requested my records (except for my local VA records) have all sent me letters stating that they do not have them. Argh!
I hope everyone here has had a pleasant holiday season and a good start for the new year!
EDIT: I was going to ask a few questions, and I totally forgot! Here are my most pressing ones:
Should I bring notes with me?
What do they do during the PTSD C&P? I have only answered some survey questions in the past and didn't discuss the actual event. I am very anxious about that!
Edited by pumibelForgot to ask my questions!
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Navy4life
I can tell you exactly what happened at my PTSD exam! Be prepared to go in there and answer a LOT of questions! Also, please NOTE that this is not an Medical EXAM but rather a LEGAL EXAM. My PTSD e
Andyman73
pumibel, Can't say what they do for the PTSD C&P exam, however, keep this in mind...answer all their questions as if it was your worse day ever. Such as how are you doing today, reply, took
pumibel
Thank you all for your support! I was already a nervous wreck when I went in there, so there was no need to exaggerate anything, Lol. I had a female doctor who was contracted as well, so she is a civi
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