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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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Caluza, Caluza, Caluza


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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.  

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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.  

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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.

 

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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.

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"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.

 

https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/

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. 

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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.

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