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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 rating
Picked 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.
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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.
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Lemuel, -
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Question
eli
I've been a reader here for years, rarely talk, took advice, filed my claim, was denied, appealed, you know the drill. I'll try to give the basics of my story from hell.
During the Gulf War, stateside, I had an accident while we were loading aircraft and I was knocked unconscious. Being the gentlemen that they were, my buddies carried me to the side and finished loading the aircraft. Afterwards they laid me on the couch in the break room and I came to sometime later. The accident wasn't documented, But I did start showing up at the base hospital complaining of nausea, vomiting, headaches and sleep problems. One doctor was so irritated at my complaints that she called my sup and told him to stop sending me to the ER and to tell me to suck it up. I actually have a copy of her remarks in my file. There was no way in hell I was going to admit to wetting the bed, but I was washing my bed sheets more often. Several other odd things happened and at least one was documented thank God. I had a seizure and wandered into a restricted area without my line badge on. When I was addressed by the person in charge of the area I was incoherent and he told my sup to write me up for disrespecting him. TG he did write me up, again I have a copy of this. None of us thought, hey this is a seizure.
I finally had insurance and a great doctor. An epileptologist, she said your MRI shoes major brain scarring, what building did you jump out of head first? I told her about the accident in the military. She said since you're a vet, get yourself into one of the new VA epilepsy centers of excellence. At this point I'm averaging 55 seizures a month, can no longer work and have to file for ssdi. Someone says why aren't you using vet benefits and why haven't you filed a claim. "Huh? You mean I have vet benefits?"
Fast forward...claim filed, claim denied, they say yes you have epilepsy but no record of accident.
I appeal. Denied.
I track down one of my supervisors that was with me on the aircraft that night and he writes a witness statement re the TBI accident. My current Epileptologist fills out the DBQ and writes a letter stating that I suffered a head trauma during the accident, that the spell I had (wandering into the restricted area) was indeed a seizure and that my epilepsy is the result of said head trauma. Of course she didn't use the wording I tried to explain to her. She's foreign and wrote it in medical terms.
They reopened my claim, new evidence? This time my denial says we admit you had a head trauma accident but you haven't been diagnosed with a TBI and you don't show residuals of a TBI. And the evidence wasn't good enough?
Me, last week when I got the denial....what??????????????????????????????????????? Although I'm not surprised.
Here's what just happened, I mean ty Jesus, I just happened to see. And please let me know if this isn't important. Esp since these records are listed as evidence on my SOC.
VAMC Doctors notes, he's a Neurologist:
Year event type started: 1991
Frequency: 12 per month (my comment-> of the worst seizure type)
Injuries from events: Head trauma
Traumatic Brain Injury: YES
Traumatic Brain Injury Severity/Loss of Consciousness: moderate 30 min to 24 hours
Type of TBI: closed
***If this is the diagnosis from my VA doctor then didn't VA screw up with their denials?
My last denial/SOC letter dated 11/21/17 says, quote:
Evidence: Treatment reports VAMC Durham, for the period June 19, 2013 thru Sept 3, 2015
My 2/13/17 denial/SOC also lists the Durham records in evidence.
So yeah, I'd love some feedback on this situation.
I was planning on submitting 2 more IMO's stating I have a diagnosis of TBI when I submitted my form 9 from this last denial, assuming I'd be heading to BVA.
Oh dear hadit experts, whatever if anything does this mean????
Edited by eliClarity
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eli
Yes I did receive a SoC in my first denial. I've been working on things this week in between seizures and ibs. Trying to catch up on posts. Am heading to your SMC one next. :)
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