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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”-
- 0 replies
Picked By
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
ArmChairRanger
Hello all, Great site and I have learned a lot for reading. Thank you all.
Any thoughts on deciphering my C&P exam? I am 100% P&T. I am already service connected 50% for b/l flat foot & 40% CRPS but had additional operations last year that further worsened my issues. To get around now I use a VA prescribed wheelchair and 3 wheeled electric scooter.
Is this DBQ being completed in conjunction with a VA 21-2507, C&P
Examination
Request?
[X] Yes [ ] No
ACE and Evidence Review
-----------------------
Indicate method used to obtain medical information to complete this
document:
[X] In-person examination
Evidence Review
Evidence reviewed (check all that apply): [X] Not requested
1. Diagnosis
a. List the claimed condition(s) that pertain to this DBQ:
FEET
b. Select diagnoses associated with the claimed condition(s): [X] Flat foot (pes planus)
ICD code: 00000000000
Side affected: Both
Date of diagnosis: Right: HISTORICAL
Date of diagnosis: Left: HISTORICAL
[X] Plantar fasciitis
ICD Code: 00000000
Side affected: Both
Date of diagnosis: Right HISTORICAL
Date of diagnosis: Left HISTORICAL
[X] Arthritic conditions
[X] Arthritis, degenerative
ICD Code: 0000000000
Side affected: Both
Date of diagnosis: Right HISTORICAL
Date of diagnosis: Left HISTORICAL
c. Comments (if any):
No response provided
d. Was an opinion requested about this condition (internal VA only)? [ ] Yes [X] No [ ] N/A
2. Medical history
a. Describe the history (including onset and course) of the Veteran's
foot
condition (brief summary):
veteran was seen and treated for arch pain on multiple occasions in service with many different diagnoses. he received steroid injections into arches and several occasions. after service veteran continued with foot
pain and saw several doctors. This progressed to large painful nodules in his arches. the tumors were so large and invasive that he required excision of the overlying skin as well. skin grafts from anterior thighs to cover the defects. he uses custom shoes and inserts with minimal relief. Uses cane as well. walks on lateral side of his feet. can not place foot flat on floor without increased pain. First surgery and second on left foot was 2005. later 2005 on right foot. op reports and photos were reviewed by me. If veteran walks on sole of feet he gets a tearing type pain in his arches. no stairs or ladders. limited walking. has bench at work to elevate his feet. pain requires narcotic pain meds, muscle relaxers and gabapentin for nerve pain and burning in soles. pin and needle sensation both feet worse at night. painful to wear shoes even with insoles. minimal standing
or walking. feet wake him at night. veteran does have mild pes planus, Not associated with current condition. Since the surgeries he has had recurrence of the tumors in both feet. Lederhosen disease to the
bilateral feet, as well as complex regional pain syndrome, presents to clinic today for re-evaluation of
his foot fibromas. Has significant pain to his feet when walking. Noted to have had 3 debridements to the left foot and 1 to the right, as well as skin grafting bilaterally. Has had 4 previous orthotics, which do not provide relief. Has been to pain management and plastics clinic.
Bilateral feet
- Multiple fibromas to the feet bilaterally, with tender nodules
- Skin graft of the feet noted bilaterally
MRI DATED 4/28/17 INDICATED HE CURRENTLY HAS FIBROUS TUMORS BILATERALLY. HE HAS GROSELY ABNORMAL GAIT DUE TO PAIN.
b. Does the Veteran report pain of the foot being evaluated on this DBQ? [X] Yes [ ] No
If yes, document the Veteran's description of pain in his or her words:
SEE ABOVE
c. Does the Veteran report that flare-ups impact the function of the foot? [ ] Yes [X] No
d. Does the Veteran report having any functional loss or functional impairment of the foot being evaluated on this DBQ (regardless of repetitive use)?
[X] Yes [ ] No
If yes, document the Veteran's description of functional loss or functional impairment in his or her own words:
SEE HISTORY.
3. Flatfoot (pes planus)
------------------------
a. Does the Veteran have pain on use of the feet? [X] Yes [ ] No
If yes, indicate side affected: [ ] Right [ ] Left [X] Both
If yes, is the pain accentuated on use? [X] Yes [ ] No
If yes, indicate side affected: [ ] Right [ ] Left [X] Both
b. Does the Veteran have pain on manipulation of the feet? [X] Yes [ ] No
If yes, indicate side affected: [ ] Right [ ] Left [X] Both
If yes, is the pain accentuated on manipulation? [X] Yes [ ] No
If yes, indicate side affected: [ ] Right [ ] Left [X] Both c. Is there indication of swelling on use? [X] Yes [ ] No
If yes, indicate side affected: [ ] Right [ ] Left [X] Both
d. Does the Veteran have characteristic callouses? [X] Yes [ ] No
If yes, indicate side affected: [ ] Right [ ] Left [X] Both
e. Effects of use of arch supports, built-up shoes or orthotics:
Tried But Remains Symptomatic
Device Side Not Relieved:
[X] Orthotics [ ] Right [ ] Left [X] Both
f. Does the Veteran have extreme tenderness of plantar surfaces on one or both
feet? [X] Yes [ ] No
If yes, indicate side affected: [ ] Right [ ] Left [X] Both
Is the tenderness improved by orthopedic shoes or appliances? RIGHT - [ ] Yes [X] No [ ] N/A
LEFT - [ ] Yes [X] No [ ] N/A
g. Does the Veteran have decreased longitudinal arch height of one or both feet
on weight-bearing? [ ] Yes [X] No
h. Is there objective evidence of marked deformity of one or both feet
(pronation, abduction etc.)? [ ] Yes [X] No
i. Is there marked pronation of one or both feet? [ ] Yes [X] No
j. For one or both feet, does the weight-bearing line fall over or medial to the great toe? [ ] Yes [X] No
k. Is there a lower extremity deformity other than pes planus, causing alteration of the weight-bearing line? [ ] Yes [X] No
l. Does the Veteran have "inward" bowing of the Achilles tendon
(i.e., hindfoot
valgus, with lateral deviation of the heel) of one or both feet?
[ ] Yes [X] No
m. Does the Veteran have marked inward displacement and severe spasm of the
Achilles t
endon (rigid hindfoot) on manipulation of one or both feet?
[ ] Yes [X] No
n. Comments: No comments provided
11. Surgical procedures
a. Has the Veteran had foot surgery (arthroscopic or open)?
[X] Yes [ ] No
If yes, indicate side affected, type of procedure and date of surgery: [X] Right foot procedure: SEE HISTORY
Date of surgery:
[X] Left foot procedure: SEE HISTORY Date of surgery:
b. Does the Veteran have any residual signs or symptoms due to arthroscopic or other foot surgery?
[X] Yes [ ] No
If yes, describe residuals: SEE HISTORY
12. Pain
RIGHT FOOT:
Is there pain on physical exam? [X] Yes [ ] No
If yes, (there is pain on physical exam), does the pain contribute to functional loss?
[X] Yes [ ] No
(Further description of limitations requested in Section XIII below.)
LEFT FOOT:
Is there pain on physical exam? [X] Yes [ ] No
If yes, (there is pain on physical exam), does the pain contribute to functional loss?
[X] Yes [ ] No
(Further description of limitations requested in Section XIII below.)
13. Functional loss and limitation of motion
a. Contributing factors of disability (check all that apply and indicate side
affected):
[X] Weakened movement (due to muscle injury, disease or injury of peripheral
nerves, divided or lengthened tendons, etc.) Side affected: [ ] Right [ ] Left [X] Both
[X] Excess fatigability
Side affected: [ ] Right [ ] Left [X] Both
[X] Incoordination, impaired ability to execute skilled movements smoothly
Side affected: [ ] Right [ ] Left [X] Both
[X] Pain on movement
Side affected: [ ] Right [ ] Left [X] Both
[X] Pain on weight-bearing
Side affected: [ ] Right [ ] Left [X] Both
[X] Pain on non weight-bearing
Side affected: [ ] Right [ ] Left [X] Both
[X] Swelling
Side affected: [ ] Right [ ] Left [X] Both
[X] Instability of station
Side affected: [ ] Right [ ] Left [X] Both
[X] Disturbance of locomotion
Side affected: [ ] Right [ ] Left [X] Both
[X] Interference with standing
Side affected: [ ] Right [ ] Left [X] Both
[X] Lack of endurance
Side affected: [ ] Right [ ] Left [X] Both
Contributing factors of disability associated with limitation of motion:
b. Is there pain, weakness, fatigability, or incoordination that significantly limits functional ability during flare-ups or when the foot is used repeatedly over a period of time?
RIGHT FOOT: [ ] Yes [X] No
LEFT FOOT: [ ] Yes [X] No
c. Is there any other functional loss during flare-ups or when the foot is used
repeatedly over a period of time?
RIGHT FOOT: [ ] Yes [X] No
LEFT FOOT: [ ] Yes [X] No
14. Other pertinent physical findings, complications, conditions, signs, symptoms and scars
a. Does the Veteran have any other pertinent physical findings, complications,
conditions, signs or symptoms related to any conditions listed in the
Diagnosis section above?
[X] Yes [ ] No
If yes, describe (brief summary): SEE HISTORY
b. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis section above?
[X] Yes [ ] No
If yes, are any of these scars painful or unstable; have a total area
equal to or greater than 39 square cm (6 square inches); or are located
on the head, face or neck? (An "unstable scar" is one where,
for any
reason, there is frequent loss of covering of the skin over the scar.)
[X] Yes [ ] No
If yes, also complete VA Form 21-0960F-1, Scars/Disfigurement c. Comments: No comments provided
15. Assistive devices
a. Does the Veteran use any assistive devices as a normal mode of locomotion,
although occasional locomotion by other methods may be possible?
[X] Yes [ ] No
If yes, identify assistive devices used (check all that apply and indicate frequency):
Assistive Device: Frequency of use:
[X] Wheelchair [ ] Occasional [ ] Regular [X] Constant
[X] Walker [ ] Occasional [ ] Regular [X] Constant
[X] Other: SCOOTER [ ] Occasional [ ] Regular [X] Constant
b. If the Veteran uses any assistive devices, specify the condition and identify the assistive device used for each condition:
FEET
16. Remaining effective function of the extremities
Due to the Veteran's foot condition, is there functional impairment of an
extremity such that no effective function remains other than that which would
be equally well served by an amputation with prosthesis? (Functions of the
upper extremity include grasping, manipulation, etc., while functions for the
lower extremity include balance and propulsion, etc.)
[X] Yes, functioning is so diminished that amputation with prosthesis would equally serve the Veteran.
[ ] No
If yes, indicate extremities for which this applies: [X] Right lower
[X] Left lower
For each checked extremity, describe loss of effective function, identify the condition causing loss of function, and provide specific examples (brief summary):
SEE HISTORY
17. Diagnostic testing
a. Have imaging studies of the foot been performed and are the results
available?
[X] Yes [ ] No
If yes, is degenerative or traumatic arthritis documented? [X] Yes [ ] No
If yes, indicate foot: [ ] Right [ ] Left [X] Both
b. Are there any other significant diagnostic test findings or results? [ ] Yes [X] No
c. If any test results are other than normal, indicate relationship of abnormal
findings to diagnosed condition: No response provided
18. Functional impact
Regardless of the Veteran's current employment status, do the
condition(s)
listed in the Diagnosis section impact his or her ability to perform any type
of occupational task (such as standing, walking, lifting, sitting, etc.)?
[X] Yes [ ] No
If yes, describe the functional impact of each condition, providing one or more examples:
HE IS UNABLE TO WORK
thank you!
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