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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
Ed Ball
Did you know that Seabees provided upgrades to an open water reservoir on Monkey Mountain capable of holding 1.9M gals of freshwater daily noted by Public Works? They created the dam, installed pumps, and an eight inch water pipeline as tracked by MACV HQs in their since declassified Monthly Summaries (I went to the NSA Danang section of the reports). For years, I knew this, but wondered where the 8 inch pipeline went? Until I found a crewmember of YW-101 (Navy Water Barge capable of 200,000 gals of potable water), that hooked up to a buoy in Tien Sha Cove and attached the 8 inch pipeline to fill his water barge to replenish visiting ships inport. The crew kept a journal daily, with dates, name of ships, and how much water was given. But unfortunately, these journals were not deemed worthy of records retention by our National Archives. MACV Monthly Summaries tracked monthly how much water was given to visiting ships, but from 1968 on, there is no records, although the barges were known to operate and assigned through 1972.
The Institute of Medicine (IOM), now known as the National Academy of Medicine, previously addressed receiving water from Vietnam, stating those ships docked while in port Vietnam, would be entitled to presumptive exposure to Agent Orange, for the time they received water. (Hotel Services may be listed in your ships Deck Log). But, they said nothing of Navy Water Barges.
In Da Nang I have found three such barges, YW-101, YW-115 and YW-128. In Vung Tau I found YW-126. If you know the dates of port visits, check for Deck Logs that show YW's port/starboard and advise the VA water barges alongside to replenish fresh water. i.e., On Friday, 09 January 1970, USS Floyd B. Parks (DD-884), at anchorage in Da Nang Harbor, RVN, at 1130 Received YW-101 to Port to receive water. On Wednesday, 14 January 1970, At 0905 YW-115 came alongside to Port. 0951 YW-115 away to Port. etc..
This becomes significant in that IOM advised the VA Secretary, "If a ship docked and took on potable water from Vietnam, crew members would have been eligible for a presumption of herbicide exposure only for the time the ship was docked (VA, 2008)."
So how do you find the dates of port visits? If your ship is capable of naval gunfire support missions after May 1966 you may want to look at the dates noted in NARA CONGA reports. Look for a break between days of NGFS missions, then request your Deck Logs. The National Archives at College Park 8601 Adelphi Road, College Park, MD 20740-6001 Another means is by referring to a spreadsheet I've developed that based on your ships Vietnam Service Medal, will give you the dates you operated in support of the war efforts in Vietnam. This spreadsheet shows the ships that are on the VA ships list (noted in RED font in the Remarks section) along with the ships that the Navy Secretary has advised members of Congress supported the war effort. (This of course being a work in progress, and is in no means meant to be official for VA purposes. But is a good tool for further research.) You may want to look for Command History Reports periodically, more are posted daily, so keep checking, they will advise dates upon arrival in port on the majority of occasions.
adding Command History link.
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