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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
marinevet1987
I received my official C&P results today. I know most of the criteria such as the occupational and social impairment, as well as several of the symptoms fall into the 70% range. But I do have panic attacks frequently, that do affect my work. The doctor even put in there that my employment is in jeopardy because of my panic attacks. Would this sway it to the 100% range? Or do the symptoms and occupational impairment HAVE to fall into that range.
I have a paper copy, so I can't just copy and paste it onto here, but I will put everything on here. Please tell me what you think:
Does the veteran now have or has he/she been diagnosed with PTSD? YES
Mental Disorders Diagnosis #1: Post-Traumatic Stress Disorder, Chronic
Does the veteran have more than one mental disorder diagnosed? No
(X) Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgement, thinking and/or mood.
Evidence reviewed
(X) VA claims file (hard copy paper C-file)
RECENT HISTORY
Relevant social/marital/family history:
Veteran is more estranged from his immediate family, rarely talks to his brothers and has cut off all communication with his mother. He is currently involved in a serious romantic relationship. They are currently living together.
Relevant occupational and educational history:
Frequency and intensity of panic attacks has increased significantly. Veteran was admitted to the hospital in late November 2016 due to a panic attack. His current employment is in jeopardy due to his panic attacks. The fire department was called at his place of employment due to a panic attack.
Relevant Mental health history, to inclue prescribed medications and family mental health:
Medications have changed. He was previously was only on ambien for sleep. He is currently prescribed paroxetine, ambien, and hydroxyzine. Frequency and intensity of panic attacks has increased
PTSD DIAGNOSTIC CRITERIA
Criterion A:
(X) Directly experiencing the traumatic events
(X) Witnessing, in person, the traumatic events as they occured to others
Criterion B:
(X) Recurrent, involuntary, and intrusive distressing memories of the traumatic events
(X) Recurrent distressing dreams in which the content and/or affect of the dream are related to the traumatic events
(X) Intense or prolonged psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event
Criterion C:
(X)Avoidance of or efforts to avoid distressing memories, thoughts, or feeling sabout or closely associated with the traumatic events
(X)Avoidance of or efforts to avoid external reminders (people, places, conversations, activities, objects, situations) that arouse distressing memories, thoughts, or feelings about or closely assoiated with the traumatic events
Criterion D:
(X)Markedly diminished interest or particiaption in significant activities
(X)Feelings of detachment or estrangement from others
(X)Persistent inability to experience positive emotions
Criterion E:
(X)Irritable behavior and angry outbursts typically expressed as verbal or physical aggression toward people or objects
(X) Hypervigilance
(X)Exaggerated startle response
(X)Problems with concentrations
(X)Sleep disturbance
Criterion F:
(X)Duration of the disturbance is more than 1 months
Criterion G:
(X)The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning
Criterion H:
(X) The disturbance is not attributable to the physiological effects of a substance
SYMPTOMS
(X)Depressed Mood
(X) Anxiety
(X)Suspiciousness
(X)Panic attacks more than once a week
(X)Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively
(X)Chronic Sleep impairment
(X)Mild memory loss, such as forgetting names, directions or recent events
(X)Disturbances of motivation and mood
(X)Difficulty in establishing and maintaining effective work and social relationships
(X)Difficulty in adapting to stressful circumstances, including work or a work like setting
(X)Inability to establish and maintain effective relationships
(X)Impaired impulse control, such as unprovoked irritability with periods of violence
BEHAVIORAL OBSERVATIONS
Veteran arrived early to his appointment, casually and appropriately dress. Thinking was logical and organized. Completely oriented. Wide range of affect. Thought content was normal. Judgement and insight were estimated to be normal.
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