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BVA sent remand back to regional VA, they failed to follow the judges directions
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retiredat44,
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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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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
retiredat44
BVA sent remand back to regional VA, they failed to follow the judges directions. They only copied what was in the first denial, and did not meet the conditions of the BVA judge.
They totally ignored al of the injury and chemicals that got me sick. They did not use any of the missing evidence the judge stated in the remand.
I am asking my POA to help me craft a letter to the local VA and BVA, specifically citing areas of failure in the SSOC.
I know my case is complicated and very lengthy.
I worked with chemicals and got sick on active duty. I had skin disease and was also hospitalized for gastritis, while on active duty.
I got sick from jet Fuel, Leaded Gasoline, Diesel Fuel and Trichloroethylene.
The denial only listed Jet Fuel, and they never addressed the other chemicals , never, ever, in any response to my claim. Not di they acknowledge my hospitalizations on active duty. All were omitted and never responded to which were also listed by the judge in the remand.
I am also the one who spent six months in a VA hospital with a dying pancreas.
After I moved from San Diego to Oregon, after being treated for 20 years at the VA in San Diego, the care has been lacking and not nearly as good. I am having more complications, so I don't know how much longer before the next medical emergency. I just had one where an artery swelled up that was blocked and I bled internally. I have budd-chiarri disease, Splenic vein thrombosis, and necrotizing pancreatitis, arteries are partially blocked to the heart. The femoral artery from the leg through the goin swelled up badly and bled inside of me. The doctors screwed that up and try to say I has skin infection. but nothing could be found from a scraping and microscopic inspection plus waiting 6 hours in the emergency room, they told me to come back if it happens again. It happed again, this time I took photos and of course my doctor was gone (vacation?) and the fill in doctor was worthless. It showed a very blood red and blistered area where the artery passes from the leg to the body. By the time I drive and sit the swelling goes back down. and leaves blood inside where the vein leaks. The doctors are clueless up here!
The VA is a nightmare here.
I would also like to get another IMO. My last one form a Toxicologist doctor was hard to find and extremely expensive.
Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.
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Berta
Steve This appears to be your remand: https://www.va.gov/vetapp16/Files4/1627475.txt As you know I felt your 1151 claim was superb. But this sure concerns me: “However, the Boa
retiredat44
I wish I could say more to help others with timelines,, but mine was a really bad long wait, and huge problems along the way.. probably not able to help many others because it seems it was unusual. Mo
retiredat44
short answer, yes, the judge asked me too if I asked for hardship and homebound. The POA never helped with any requests like that I had to ask for hardship.. also at the c%p for homebound. My life has
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