Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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”-
- 0 replies
Picked By
Tbird, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
Buck52
I talked to this Vietnam Veteran the other day.
Can he Vietnam Veteran 1968 -69 file a claim now? he says he was in a fire fight in Nam and the VC started up rounds of Mortars Aimed Right at the squad he was in and when the incoming started he was one of the last one to jump in the hole or bunker just as a mortar round hit within 5 feet he said the sarapnel hit the bottom of his feet and went through his boots
He has this medically documented with records as well as the fire fight was documented.
After he was out of the Hospital he said he was ok little sore but ok so he finished his tour...ok he stayed in the Army for another 25 Years and was stationed at different places from time to time during these 25 years his rank was E-9 Sargent Major. but his feel has always bothered him.
he never thought about filing a claim this was documented when he retired also and was separated. he ask me how does the VA fIgure how to give a % or a rating he said do they go by your rank or does that matter? I told him that don't matter for NCO or enlisted members but it maybe different for an officer but I said I think were all the same once we file a VA Claim for S.C. OR Compensation. were all consider equal now..LoL Anyway he knows NADDA about the VA And the Claims system.
He had surgery on both feet and they called it sudden impact.....?? Anyone know what that means? thats all it says and its his reason for never filing a claim. he didn't think he could? After all these Years I ask him why now do you want to file a claim he said because I'm entitled to.
He ask me about filling a claim for that now and when would his correct EED Be? he as a CIB on his DD-214 AND SPECIAL AWARDS/RIBBONS/CITATIONS ect,,ect,, listed on his DD-214 However he is not filing for Mental Disability & were both not sure he can be awarded anything if he is not disabled from this injury?
...I told him it just depends on what all the Dr's can say about how bad it is after the surgery He had his surgery in a private Hospital. but kept all his medical records he don't use the VAMC for his Health care he has private insurance for him and his family but most of his children are all grown up and not living at home its just him and his spouse he is 68 Years Young
How hard would this be to pursue a S.C. Claim and get a rating for this? although he can still get around but his feet still hurt from this injury....he seems to be pretty well in remembering things from this the past 46/47 years.
Would he treat this just like any other claim? he said he didn't care what they rated him at 10% would be fine but I mention to him he needs all his medical records to confirm this and all the treatment he has had from this in service injury Military records and all private medical records.
Anyone have any thoughts on this? I'm sure I'm leaving a lot out this is just what I gathered from talking with him.
Anybody care to comment?
Thanks
...................Buck
He had surgery on both feet last year, and hey did remove some old metal fragments ...were guessing from when he was hit with the Motar round some 45/47 years ago.
I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!
Link to comment
Share on other sites
Top Posters For This Question
4
3
2
Popular Days
Jul 3
6
Jul 4
4
Jul 2
3
Top Posters For This Question
Buck52 4 posts
Carl the Engineer 3 posts
FormerMember 2 posts
Popular Days
Jul 3 2016
6 posts
Jul 4 2016
4 posts
Jul 2 2016
3 posts
Popular Posts
FormerMember
Buck- Tell him he qualifies for 38 CFR 4.56(d)(4)(i) as a high explosive missile event (severe). It's an automatic 40%. If he still has any microscopic SFW retained metal fragments, that furthers
12 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now