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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.-
- 3 replies
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RichardZ, -
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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.
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
Picked By
Lemuel, -
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Question
Berta
(emailed from VA -Press Release)Dec 8,2006
VA Secretary Nicholson: Some Vets to Receive Insurance Dividends
Payments "Tangible Evidence" of Nation's Commitment
WASHINGTON (Dec. 8, 2006) - More than a million veterans are in line to
share $369 million in annual insurance dividends during 2007, according
to the Department of Veterans Affairs (VA).
"These dividends are tangible evidence of VA's continuing commitment to
safeguard the interests of America's veterans," said Secretary of
Veterans Affairs Jim Nicholson.
VA operates one of the nation's largest life insurance programs,
providing more than $1 trillion in coverage to 4.5 million service
members, spouses and children.
The dividend payments will be sent to an estimated 1.2 million holders
of VA insurance policies on the anniversary date of their policies.
Sent automatically through different payment plans, the amounts will
vary based on the age of the veteran, the type of insurance, and the
length of time the policy has been in force.
The dividends come from the earnings of a trust fund into which veterans
have paid insurance premiums over the years, and are linked to returns
on investments in U.S. government securities.
VA officials caution veterans about a long-running scam in which various
groups charge fees to "locate" veterans who are eligible for the
dividends. Veterans eligible for the dividends have had VA life
insurance policies in effect since they left the military and have
received annual notifications from VA about the policies.
Dividends are paid each year to veterans holding certain government life
insurance policies and who served between 1917 and 1956.
World War II veterans holding National Service Life Insurance ("V")
policies comprise the largest group receiving 2007 insurance dividend
payments. They are expected to receive total payments of $286.3
million.
An additional group of World War II era veterans, those who have
Veterans Reopened Insurance ("J", "JR" and "JS") policies, will in total
receive dividends of $10.1 million.
Korean War era veterans who have maintained Veterans Special Life
Insurance ("RS" and "W") policies can expect to receive dividends
totaling $71.6 million.
Dividends totaling $1million will be paid to veterans who served between
World War I and 1940 and who hold U.S. Government Life Insurance ("K")
policies.
Veterans who have questions about their policies may contact the VA
insurance toll-free number at 1-800-669-8477 or send an e-mail to
VAinsurance@va.gov. They may also visit the Internet at
www.insurance.va.gov.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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