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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
Picked By
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.Picked By
Lemuel, -
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Question
coastie72
Hello,
I went to my RO to request to view and get a copy of my C-file as I have seen so many others on the forums say is important to have.
The representative ask me why I wanted the information and I told him simply that many other veterans has told me I should have it.
He then asked me if I had an open claim and I told him of my NOD for request for increase that is right at 18 months old. He said that many take much longer and some get through
in the 18 to 24 month time frame at my RO.
He then pulled up whatever he could see on his computer about my NOD and said "well it looks like it is under review now." He ask me what evidence I had submitted with the
NOD and I told him what my VSO had told me, "we would take care of that at the hearing"??? To that comment he shook his head and said I should immediately turn in any evidence that
I have and the VSO was wrong in telling me to wait. I was wanting to make sure that the VA had copies of my two hospital stays in their records. He then asked me several questions about the hospitals and doctors names ET and he searched my records and said that he did not see anything in the records about either stay. He then ask me if I had copies of my two hospital stays, which I do, and if so get them in ASAP.
I only live a few miles away so I told him I would bring them back that same day. He then started typing and said he was putting in a note that I was bringing in new evidence.
Upon my return I seen a different representative that took the records of my two hospital stays, which by the way was not at my home VAMC, I was transferred for lack of space available. I also included notes that my psychiatrist has been entering after each visit stating that I am no longer employable all was listed on form 21-4138. This rep said that the information would have to be scanned into the system.
The first rep I spoke with said that if I had submitted my hospital records when I first filed for "request for increase" it probably would have been granted. Once again I depended on my VSO which on the claim simply typed that I had recently been hospitalized. Those records were not at my home VAMC at that time, but I had discharge paperwork that could have been submitted that would have clearly shown why I was in the hospital.
The rep then said that I should have filed for reconsideration instead of a NOD, once again I depended on my VSO.
The first rep said that turning in this evidence now would not slow down the process, I hope he was being honest.
I am just searching for thoughts from some of you that know how things work.
"What does in review mean if anything?"
Edited by coastie72Thanks, Coastie72
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Gastone
Coastie, I usually don't have anything positive to say regarding "LUCK" having any affect on Claims or Appeals. Your post just changed my mind. You were Lucky in deciding to visit your RO, then y
Buck52
Coastie: In Review Means they are looking at your claim. We all have to start some where and Never rely on a VSO to get you there. (Unless you know the VSO VERY VERY WELL.) you should submit
Gastone
Woulda, CouldA, Shoulda, at this point doesn't really matter who screwed the pooch. Get what ever N & M Evidence you have, Date Stamped at your RO Front Desk. Even if you have to drive a good dis
9 answers to this question
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