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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
sandiegonavyvet
Good Morning,
Just wanted to share my experience during my Anxiety C & P. This site has helped me so much...I plan on sharing what is going on with everyone.
So I had my Anxiety C & P yesterday at QTC. Very nice Doctor, that asked me so many questions. She asked me about my childhood and about my time in the service. We went over limitations at work and recent transfers due to accommodation from my employer because they were made aware that I am a disabled vet due to my Restrictive Lung Disease. The Doctor was nice enough to tell me to look out for things like this with employer, because they are not supposed to treat me any different unless I ask for accomodations of my job performance is declining. I think that was very nice of her.
I think it went really well, she did mention that she knows that Respiratory Disease and Anxiety, short term memory loss, go hand in hand and that she feels like this is brought on or aggravated by my Bronchiecstasis, Aspergilliosis, Sleep Apnea, and Asthma. She was very well prepared and surprised me because she mentioned things about my medical condition that you would not know of unless you read my file. She took the time to review my file beforehand. At one time she told me "I noticed that the provider mentioned on your previous C & P that she believes this disease is related to your service" I told her I was not aware of anything from my previous C & P because my is still being worked on. She mentioned that she noticed that I was very proud of my service, and that she sees a lot of vets that come in to the appointment and are negative, and are angry at the VA or angry at the system, and that some veterans think that the doctors and the VA are there to hurt them and go against them. She told me "I do not sense that from you, because I can tell you are proud of your service, and you have an actual disease that is affecting your quality of life." I told her it was the best thing I have done in my life. She asked me "if you knew that you would get this Lung Disease before I joined what would you have done?" I told her I would do it all over again without hesitation.
FYI: She did take a lot of notes while I was talking and I think I was starting to get a bit anxious during the exam. At one point she noticed I was fidgety and moving around a lot. She did her best to make me feel relaxed. And I did get a bit sentimental, which I hate doing in front of people, when she asked me what am I afraid of. I told her I am afraid of the future for my children, not being able to be there for them is the scariest thing in the world, because I have noticed and felt the limitations and the seriousness of my condition, that I have a feeling of uncertainty.
She took about 40 minutes with me, offered to check me out instead of lining up at the front desk, and told me she would type of the report, send it to VA the same day, and they go from there.
Sorry for the long rant, just wanted to share my experience.
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Good Morning, Just wanted to share my experience during my Anxiety C & P. This site has helped me so much...I plan on sharing what is going on with everyone. So I had my Anxiety C &
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