Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $2,153.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Caluza, Caluza, Caluza


  • Moderator

If your claim is going nowhere fast, remeber these 3 key elements:  Caluza, Caluza, Caluza

Caluza vs Brown is a landmark case that defined what it takes to get service connected.  Its as simple as 1,2,3, but you would be suprised at how many claims make it to VA absent a nexus, which is Caluza element number 3.  They are:

1.  Current diagnosis.  Your doctor must have diagnosed you.  No diagnosis, no benefits. 

2.  In service event or aggravation.  You could have had a broken leg, been exposed to excessive noise, or a bomb could have blown up and you lost your legs.   Or, you may have had something before service that got worse (aggravation).  

3.  Nexus.  This is the famous statement, by your doctor, that your (current diagnosis #1 is at least as likely as not related to your in service event, number 2).  

       Please, please dont go to the Board (of Veterans Appeals) without your Caluza elements documented.  You will lose almost every time.  DONT COUNT ON YOUR VSO TO CHECK THIS FOR YOU...THEY DONT>    

WORSE:   Dont "YOU" assume you have all this, instead READ YOUR FILE AND ENSURE ITS DOCUMENTED.  It isnt enough for you to know you have the Caluza elements documented, The BVA judge will (or VARO) will want to see it, too.  

Link to post
Share on other sites
  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

This is the must know statement for anyone filing a claim. I wish I knew this on my first claim; however experience is good teacher.  

Recommended Posts

  • 0

This is the must know statement for anyone filing a claim.

I wish I knew this on my first claim; however experience is good teacher.


  • Like 1
Link to post
Share on other sites
  • 0

Actually not many years ago I and many other veterans received service connection on the clear evidence in our VA, military medical and other service records that showed a clear connection between our present day diagnosis and prior treatment for same diagnosis symptoms in service along with present and or prior VA medical treatment for same symptoms.  I never had a formal nexus diagnosis from a VA or private doctor over my past thirty years plus of filing mostly successful claims and appeals.  My VA C&P exams did confirm PTSD due to Nam combat so maybe that is also an acceptable nexus.

My family doctor of 50 years did provide letter statement opinions stating his opinion that my PTSD and sleep disturbances was directly related to Vietnam service and that he had reviewed copies of my VA and Army medical records that I had given him.  However as usual the VA raters ignored his opinions.

Link to post
Share on other sites
  • 0

"then 6 months after released diagnosed with same inservice hip strain from C & P. the Cand P did not give an opinion on it though described how it happened in service just 6 months prior."

Isnt there a rule where conditions that are ID'd and diagnosed w/in 1 year post discharge is SC? As long as the condition is noted in medical records, they should roll over on the SC. C&P exam stated in happened in service, should have records linking the two then, which is a nexus.



Disabilities that appear within 1 year after discharge
You may be able to get disability benefits if you have signs of an illness like hypertension (high blood pressure), arthritis, diabetes, or peptic ulcers that started within a year after you were discharged from active military service.

If your symptoms appear within one year after discharge—even if they weren’t there while you were serving—we’ll conclude that they’re related to your service. 

Edited by pwrslm
Link to post
Share on other sites
  • 0

I believe you just answered your own question with that link you posted in your latest reply.  The requirements seem few and straight forward.  The disability or illness must be listed in the 38 CFRs and has to be disabling to a degree of at least 10% .  Even though you may indeed meet the above requirements the initial VA raters may likely deny your claim and thereby force you to win it on appeal to the BVA which is what has happened to many of us for many decades.  Sometimes for a low rating such as 10% they may grant your claim from the get go.

My advice is not legal advice as I am not an attorney, paralegal or VSO.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...

      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.


      Example for 2020 using the same disability rating

      1998 - Initially Service Connected @ 10%

      RESULT: Service Connection Protected in 2008

      RESULT: 10% Protected from reduction in 2018 (20 years)

      2020 - Service Connection Increased @ 30%

      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines