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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
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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
sanktuary
Hey everyone love the site. I was just looking over the C&P exams that came back in through the blue button. While my knee C&P exam was terrible ( Doctor laid me on my back and pushed all of his weight down on my knee, pushing it into my chest) hurt like hell, i even told him it was hurting. But that one looks like he just did not care. No tool used to measure anything, said I had no complaints since the service, even though my VA records shows imaging, offering of knee replacements and braces... but I digress.
The tinnitus one they gave me ( MOS 11B ) said
Does the Veteran report recurrent tinnitus: Yes
Date and circumstances of onset of tinnitus: He reported constant ringing since 1996-97.
Circumstances of onset related to weapon training without hearing protection. The tinnitus is described as a loud whine or buzz sound. It is more noticeable in a quiet area, at night in bed.
2. Etiology of tinnitus ---------------------- At least as likely as not (50% probability or greater) caused by or a result of military noise exposure.
My bigger issue is I can not make this out regarding the stomach disorder and espohagus issue i am having. They have diagnosed me with Eosonophil Esophagitis. They told me it was caused from silent reflux due from stomach issues. But where as the exam for tinnutis stated At Least as Likely As NOT. This one doesn't say that. Can you guys give me your thoughts on what this looks like?
###########################
Esophageal Conditions (Including gastroesophageal reflux disease (GERD), hiatal hernia and other esophageal disorders)
Disability Benefits Questionnaire
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] VA e-folder (VBMS or Virtual VA) [X] CPRS
Diagnosis --------
Does the Veteran now have or has he/she ever been diagnosed with an esophageal condition? Yes
Other esophageal condition (such as eosinophilic esophagitis, Barrett's esophagus, etc.)
Other diagnosis #1: mallory weiss tear (esophogus)/healed 1995 ICD code: 000
Date of diagnosis: 1995/during military service
Medical history --------------
Description of the history (including onset and course) of the Veteran's esophageal conditions:
42-year-old male here with a history of a Mallory Weiss tear* of the esophagus during military service (1995) here in C&P to be considered for residual GI problems. Since military service, he never sought medical care, always being told his dysphasia (difficulty in swallowing) is due to anxiety. Vet states he has PTSD, VA records stat he has panic attacks with anxiety. Had a gastroscopy (considering the stomach with a camera) 5/2/2018 at Wake Forest/NCBH that VA records state he had an esophageal dilatation. "
* "Severe and prolonged vomiting can result in tears in the lining of the esophagus. The esophagus is the tube that connects your throat to your stomach. Mallory-Weiss syndrome (MWS) is a condition marked by a tear in the mucous membrane, or inner lining, where the esophagus meets the stomach. Most tears heal within 7 to 10 days without treatment, but Mallory-Weiss tears can cause significant bleeding. Depending on the severity of the tear, surgery may be necessary to repair the damage."
*********************************************************
Does the Veteran's treatment plan include taking continuous medication for the diagnosed condition? Yes
Medications used for the diagnosed condition: pantoprazole 40 mg bid
Does the Veteran have an esophageal stricture, spasm of esophagus (cardiospasm or achalasia), or an acquired diverticulum of the esophagus? Yes
Severity of condition: Amenable to dilation Moderate Permitting liquids only
Does the Veteran have any other pertinent physical findings, complications, conditions, signs or symptoms related to any conditions listed in the Diagnosis Section above? No
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? No
Have diagnostic imaging studies or other diagnostic procedures been performed? Yes
Diagnostic Testing Preformed: Upper endoscopy Date: 5/02/2018
Results: esophogeal stricture/ esophogitis
Are there any other significant diagnostic test findings and/or results? No
Do any of the Veteran's esophageal conditions impact on his or her ability to work? No
Remarks, if any: ------------------
Esophogeal problems (esophogitis and esophogeal stricture documented in 5/02/2018 study).
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