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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
Picked By
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
mbl22885
I ran into a number of problems related to recent claims filed and ended up reaching out to my RO. Someone from their inquiry team responded with the following.
I've actually had interactions with him before (he is a former rater) and he was extremely helpful (including in this instance), and two claims showed up on ebenefits as reopens for an earlier effective date for SMC L and SHA.
The claim for an earlier effective date for SMC L was cancelled on 09/27/17 and now shows as this on ebenefits .
Beyond the cancellation, they changed the "disabilities claimed" to "Claim for P&T status." This is from another e-mail sent by the St. Pete VARO Inquiry Team member. As it was explained to me, in essence the CUE claim changed from an earlier effective date for SMC L to a request for permanent and total status, which makes no sense as I already am permanent and total regarding this disability, and as the correspondence from the VA Inquiry Team member shows, there was never a legal or valid CUE claim filed for anything related to my permanent and total status.
I know the claim was cancelled due to speaking to a number of VA employees, to include someone from my VA District Office. I was able to send her the conversations with the St. Pete Inquiry Team member showing how CUEs were filed on my behalf by said St. Pete Inquiry Team member who has previously worked as a rater. She was as perplexed as I was, noted the situation was "weird," and commented on how if a RO decides to take an action like a cancellation they are required to provide a note/summary explaining the action to the District Office, which the St. Petersburg VARO had not done. She said she was sending them a note with a deadline of October 2nd to provide a response explaining the actions taken and that someone from the RO was to call me. She also noted that there was nothing in her system that she could see that showed the CUE claim as being one for an earlier effective date for SMC L.
I have a VSO, but they haven proven to be less than effective when it comes to most things. I've actually received responses from the Regional Office before they have. I even had someone from the VSO District Office contact me yesterday to tell me this situation was "normal." They've repeatedly given me false information on a number of things as well. I'm only putting this here in hopes of avoiding the "What does your VSO say" or "You need to get a VSO" posts.
Any advice? Previous experience with a similar issue?
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