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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
Berta
https://www.disabledveterans.org/2018/04/13/va-put-veterans-lives-risk-not-running-background-checks/
I think sometimes I gripe too much here about the way my husband died ( due to VA health care).
Then I read something like this and feel I don’t gripe here enough-
This article is old news- ( published May 2016)I just don’t have time this minute to find the latest tally on VA malpractice:
In Part:
“The number of legal settlements made by the Department of Veterans Affairs has more than tripled over the past five years largely due to a spike in medical malpractice cases and bungled construction projects, the Daily News has learned.
The yearly total payments skyrocketed to $338 million in 2015 from $98 million in 2011, according to Treasury Department data obtained via a Freedom of Information Act request.
The cases include multiple examples of blown diagnosis, botched procedures and substandard care, records show.”
http://www.nydailynews.com/news/national/legal-settlements-veterans-affairs-triple-article-1.2654179
A more recent case is here:
https://www.disabledveterans.org/2018/04/09/500000-settlement-veterans-affairs-allergic-reaction-medication/
and here:
http://www.wric.com/news/8-investigates/veteran-settles-medical-malpractice-lawsuit-with-mcguire-va-medical-center_201803200219097/1059820257
Settlement $750,000 due to stroke during VA surgery-
We had a new member here recently with a very similar event and I gave him a lot of info but he has not returned.... yet
but maybe he didn't like my advice-to get an IMO/IME.
What these malpractice figures do not account for is the amount of SC comp or DIC the VA pays out for malpractice.
1151 “as if SC” compensation is added to the total of all compensation in VA reports to Congress.
I helped a friend get 100% 1151 comp and he has had that for 20 years….a tidy sum.
I guess my point here is that many vets who feel their medical care is inappropriate, simply do not take the steps to find out whether it is or not.
It takes getting an independent medical opinion, and if any malpractice occurred and is found to have caused significant other disabilities ( or death), there are plenty of lawyers on the internet who handle these types of cases filed against the VA.
Veterans who have gone to the Federal District Courts either after a FTCA denial or after a refusal of the VA’s offer, have gotten more and even the VA itself has made very large payments:
http://attorneyjonpowell.com/taking-on-the-va-a-1-million-settlement-against-all-odds/:
Maybe the new Secretary will look into this issue. I have asked 3 Secretarys so far to do something about it, and the H VAC.
The doctors who killed my husband were removed from one VAMC and sent to another. In the last VA death incident I know of locally, one doctor simply quit.
If this doctor was charged under the NPDB mandate, for any settement with the survivors, there will be a public record of that and it will show up on a background check if they try to get another job as a physucian.
However, part of my gripes to Congress included the fact that OGC does not aways honor the NPDB mandate ( in my FTCA case and other cases they didnt), so those doctors
go on to practice on other VA patients and there is no way a background check would even reveal they committed malpractice during their VA employment.
added more
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
https://www.disabledveterans.org/2018/04/13/va-put-veterans-lives-risk-not-running-background-checks/ I think sometimes I gripe too much here about the way my husband died ( due to VA health care
vetquest
In 1986 the VA diagnosed me with AIDS. In 1994 the VA took me off of blood pressure medication without stepping me down, I lived through one or two weeks of hell and did not understand at the time th
Berta
What I meant was that the VA Mission Act, set for POTUS signature, ( I posted info today in Claims Research on that) could change everything- but VA still has too much control over who will get
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