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"aid And Attendance" An Under-used Benefit
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Guest allan,
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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.-
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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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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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Guest allan
Recent VA News Releases
To view and download VA news release, please visit the following
Internet address:
http://www.va.gov/opa/pressrel
Secretary Nicholson: VA Reaches Out to Veterans and Spouses
"Aid and Attendance" an Under-Used Benefit
WASHINGTON (Dec. 19, 2006) - The Department of Veterans Affairs (VA) is
reaching out to inform wartime veterans and surviving spouses of
deceased wartime veterans about an under-used, special monthly pension
benefit called Aid and Attendance.
"Veterans have earned this benefit by their service to our nation," said
Secretary of Veterans Affairs Jim Nicholson. "We want to ensure that
every veteran or surviving spouse who qualifies has the chance to
apply."
Although this is not a new program, not everyone is aware of his or her
potential eligibility. The Aid and Attendance pension benefit may be
available to wartime veterans and surviving spouses who have in-home
care or who live in nursing-homes or assisted-living facilities.
Many elderly veterans and surviving spouses whose incomes are above the
congressionally mandated legal limit for a VA pension may still be
eligible for the special monthly Aid and Attendance benefit if they have
large medical expenses, including nursing home expenses, for which they
do not receive reimbursement.
To qualify, claimants must be incapable of self support and in need of
regular personal assistance.
The basic criteria for the Aid and Attendance benefit include the
inability to feed oneself, to dress and undress without assistance, or
to take care of one's own bodily needs. People who are bedridden or
need help to adjust special prosthetic or orthopedic devices may also be
eligible, as well as those who have a physical or mental injury or
illness that requires regular assistance to protect them from hazards or
dangers in their daily environment.
For a wartime veteran or surviving spouse to qualify for this special
monthly pension, the veteran must have served at least 90 days of active
military service, one day of which was during a period of war, and be
discharged under conditions other than dishonorable.
Wartime veterans who entered active duty on or after September 8, 1980,
(October 16, 1981, for officers) must have completed at least 24
continuous months of military service or the period for which they were
ordered to active duty.
If all requirements are met, VA determines eligibility for the Aid and
Attendance benefit by adjusting for un-reimbursed medical expenses from
the veteran's or surviving spouse's total household income. If the
remaining income amount falls below the annual income threshold for the
Aid and Attendance benefit, VA pays the difference between the
claimant's household income and the Aid and Attendance threshold.
The Aid and Attendance income threshold for a veteran without dependents
is now $18,234 annually. The threshold increases to $21,615 if a
veteran has one dependent, and by $1,866 for each additional dependent.
The annual Aid and Attendance threshold for a surviving spouse alone is
$11,715. This threshold increases to $13,976 if there is one dependent
child, and by $1,866 for each additional child.
Additional information and assistance in applying for the Aid and
Attendance benefit may be obtained by calling 1-800-827-1000.
Applications may be submitted on-line at
www.vabenefits.vba.va.gov/vonapp/main.asp. Information is also
available on the Internet at www.va.gov or from any local veterans
service organization.
To unsubscribe from this list, or to update your name or e-mail address,
please visit the following Internet address:
<http://www.va.gov/opa/pressrel/opalist_listserv.cfm>
<http://www.va.gov/opa/pressrel/opalist_listserv.cfm>
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