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1. General Information On Partial And Deferred Rating Decisions
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Guest allan,
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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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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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Question
Guest allan
1. General Information on Partial and Deferred Rating Decisions
Introduction
This topic contains general information about partial and deferred rating decisions, including
when to make a partial rating decision
improper use of a partial rating
when to use a deferred rating
assigning compensable evaluations while deferring other issues
action to take on a case deferred for further development, and
action to take on a reopened claim.
Change Date
December 13, 2005
a. When to Make a Partial Rating Decision
Make a partial rating decision if the record contains sufficient evidence to grant any benefit at issue.
b. Improper Use of a Partial Rating
Do not use a partial rating to
deny one claim when resolution of another issue is pending examination or receipt of other evidence
assign a noncompensable evaluation if only compensation is at issue, or
deny service connection for cause of death if development is being undertaken for another condition that is possibly involved.
c. When to Use a Deferred Rating
Use a deferred rating when
the rating activity receives a claim that is underdeveloped or incomplete and requires additional development, or
considering the issue of service connection in a death case while granting Dependency and Indemnity Compensation (DIC) benefits under some other provision of the law, such as 38 U.S.C. 1318.
Note: It is proper to prepare a rating decision granting service connection for the cause of discharge due to disability in a case where there is less than 90 days of service, if Death Pension entitlement is otherwise shown.
Continued on next page
1. General Information on Partial and Deferred Rating Decisions, Continued
d. Assigning Compensable Evaluations While Deferring Other Issues
Grant a compensable evaluation for disabilities, if possible, even though the issue of service connection for other disabilities or entitlement to a higher evaluation must be deferred.
Grant an increased evaluation immediately, even though a rating under paragraph 28, 29, or 30 of the rating schedule may require deferral for proper certification.
Note:
Identify the deferred issues both in the conclusion and in the narrative of the decision, and
provide a brief description of the reason for the deferral in the narrative.
e. Action to Take on a Case Deferred for Further Development
If the rating activity returns a case for further development with regard to the issue of service connection for cause of death,
request the indicated evidence
award pension benefits if entitlement is established and an award was not made prior to submission of the case to the rating board, and
establish a 60-day control for submission of the requested evidence.
Result: If the requested evidence is
received, resubmit the case to the rating board for a formal decision, or
not received within 60 days and no additional time is requested, resubmit the case to the rating board for a decision based on the evidence of record.
f. Action to Take on a Reopened Claim
If a reopened claim with new evidence is received, route the previously denied case to the rating activity.
SOURCE:
http://www.warms.vba.va.gov/admin21/m21_1/...6/ch06_seca.doc
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