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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
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
cryingbear
I was given a 50% rating last year for my initial claim from 2012-2017 but appealed for a higher rating and TDIU. I have been on SSDI for more than 10 years for my mental condition. Here is the exam the rater based my rating on. Is it possible to get a higher rating and TDIU based on my SSDI and this examination?
3 . Occupational and social impairment
a . Which of the following best summarizes the Veteran ' s level of occupational and social impairment with regards to all mental diagnoses? (Check only
one)
[X] Occupational and social impairment with reduced reliability and productivity
3 . Symptoms
For VA rating purposes , check all symptoms that actively apply to the Veteran ' s diagnoses :
[X] Depressed mood
[X] Chronic sleep impairment
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships
5 . Other symptoms
Does the Veteran have any other symptoms attributable to mental disorders
that are not listed above?
[X] Yes [ ] No
If yes , describe :
The veteran has a very significant history of manic episodes with hyperactivity, increased energy , racing thoughts , significant agitation / anger with increased impulsivity , markedly decreased need for sleep . Such impulsivity in the past included aggression , picking fights .The patient also came to a point where he was psychotic , paranoid with delusions and some hallucinations .
If the question is about occupational impairment regarding the schizoaffective/bipolar type, this examiner notes that this condition has been quite severe over the past few years , though the veteran has indicated he was not fully compliant with his treatment for a few years in recent times . However , over the last year or so , he has been much more stable and is on a monthly injection that helps ensure compliance . Treatment notes indicate improved stability . It is likely that he would manage some kind of basic employment given his current condition .
Today, the veteran ' s memory appeared grossly intact . There are no current or recent problems with delusions or hallucinations . However , such symptoms have been quite prominent in the past . The veteran has a history of very significant paranoid delusions of being followed , receiving signals from God and messages in code from aliens because he sees papers on the floor . Such symptoms are not presently or recently occurring . There was a history of hallucinations including seeing lights he attributed to aliens . Again such symptoms are absent in recent times and this is corroborated by treatment notes . Medications seem to be keeping him quite stable now . The veteran also denied any suicidal or homicidal ideation . Again , in the past he has had suicidal and homicidal/aggressive thoughts and behaviors . Treatment notes and his presentation today and reports indicate this is not presently or recently occurring . There are no panic attacks and no OCD . He denied problems with anxiety (present in the past however) . He reports medications helped this . Mood does still fluctuate at times .
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Ddsr
Any Veteran applying for TDIU, OR, any veteran that was denied IU...I cannot express enough the importance of using the Vocational Rehab opportunity to get there opinion. Long story short. I personall
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