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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
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
jfrei
They can never get my claim right since 2010 I’ve been fighting tooth and nail to get what I have obsessions and research for the past 4 years straight about to have my wife divorce me. But she stuck it out the hard part and now I’m 100 scheduler p and t onset date of 11/16/17. My claim was from 2010 when my original decision and was 90 percent ok they corrected it finally in 2016 but not backdate it to when I filed my claim in 2010 but the best part is when they remanded two issues one currently in the blackhole of the AMC with an advance on the docket and a congressional inquiry still with one person awaiting a decision for my post thrombotic syndrome well documented so it’s just a waiting game. Not my issue it’s the fact they granted my sTBI but denied my skull fracture since my first page in my record had a typo it said skull fracture(neck fracture) not a doctor apparently the clivus at the base of your skull is the clivus. They xrayed my back neck not my skull and denied it now I have to waste my money to hire a IMO to review my medical record s and previous cat scans mris. just to say what not one but four other doctors who attended me in my coma did in 2006 opinionated about having a skull fracture against there one Dr. D.S. sorry started laughing to my self in a maniac phase thought it originally said BS at the RO who looked at me wondering why I was laughing at him...I am sorry for this rant. Am I doing the right thing about hiring an IMO is there a quicker way of getting this appeal finished the right way I’m to the point of driving to the BVA in person as it’s an hour drive maybe two if I get lost in traffic, the RO said said I didn’t have to wait for the remanded issue to be finished to appeal the decision my mistake my 120 days are up? What would happen if I show up at the BVA asking how to reconsider my claim with my 100s of medical records and opinions? I am losing it my wife needs this VA shit over with I don’t want to lose her to my OCD of this shit sorry about my language...
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Gastone
At some point early on in the Appeals Process, you made a Representation Decision to go it alone. From your above post, that decision has not been validated. At this point, you saved 20% of nothing by
vetquest
Take a step back and ask yourself which is more important, your wife or your VA case. I know how easy it is to get balled up in your case and lose sight of what is more important. My discharge was i
vetquest
Awesome family photos.
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