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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
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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.
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
From Colonel Dan Cedusky email:
WASHINGTON - A bill mandating tougher punishment for military imposters
gained final approval from the House on Wednesday, and will now go to the
president to be signed into law.
The legislation, dubbed the "stolen valor act," calls for up to six months
in prison for anyone who falsely claims to have earned a military honor, and
up to a year in prison for fraudulently wearing a Purple Heart, Silver Star
or other high military honor.
Both crimes would also be classified as felonies, which can carry additional
penalties such as limits on gun ownership and disqualification from certain
public offices, depending on the state.
Under current law, anyone caught wearing a military medal they did not earn
faces a misdemeanor charge and up to six months in prison, but law
enforcement can't do anything to someone simply displaying or claiming to
have earned the honor.
House officials on Wednesday said the change closes that critical loophole
and helps protect the integrity of the military awards.
"These frauds have diminished the honor of our military heroes," said Rep.
John Salazar, D-Colo., who introduced the original version of the measure.
"They use it to gain credibility for themselves, and often go on to commit
even worse crimes."
Along with cases of individuals using the fake medals to gain speaking
engagements and community leadership roles, Salazar referenced crimes
committed in 2004 by retired Marine Sgt. Gary Lakis, who claimed fake combat
experience and nonexistent Silver Stars in order to gain $66 million in
defense contracts to provide training to the service.
The military revoked those contracts once Lakis was found to be lying about
much of his military career, but he fled the country before FBI
investigators could arrest him and charge him with fraud.
Rep. John Kline, R-Minn., said awards such as the Purple Heart "hold a
deeper meaning and value for servicemen that far outweighs their monetary
worth," and called the bill a chance to honor the sacrifice of all troops by
preserving the military's legacy.
The tougher penalties are backed by a number of veterans groups, including
the Vietnam Veterans of America and the Military Order of the Purple Heart.
As of late last week, supporters thought the bill likely wouldn't pass this
session because of House Republican leadership's resistance to moving a
measure proposed by Salazar, a first-term Democrat.
The measure approved yesterday was a nearly identical bill sponsored by Sen.
Kent Conrad, D-N.D., which was approved by the full Senate in September.
The White House has not released any timetable for when the bill could be
signed into law.
C 2006 Stars and Stripes. All Rights Reserved.
Stolen Valor Act of 2005 (Engrossed as Agreed to or Passed
by Senate)
S 1998 ES
109th CONGRESS
2d Session
S. 1998
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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