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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
Buck52
I know this subject has come up many times and there's boo coo of information about A&A And I had to think before I posted this but my fear came true today.
I do think I need to file a A&A claim for my spouse/I am not sure what the pay is ? but anything will help us.
I been thinking about this now for a year or so since my spouse has got worse with her neuropathy and osteoporosis .
I been having to help her in the tub/shower and help her get dressed and she sits and tells me how and what to cook, I don't mind doing this actually I been doing it a while now, we can't afford to have someone come in and help out so I been doing it.
I had VA Appointment today and have thought about leaving her alone while I am at the VA....Today after I got back from the VA I was gone about 5 hours total and when I got back home I found my spouse had fallen and couldn't get up or get to the phone..she laid there until I got back home..
it was sad to see her this way and I got emotional , lots of things run through my mind...Now I am afraid to leave her when I go out of the house for appointments or Grocery's .
or son was helping us but he moved.. I did mention to my VAMH Therapist LCSW S-4 a few months ago That I was having a hard time leaving my spouse alone when I come to my Appointments now that fear came true. eh! the therapist put that in my Notes.
My spouse Pain DR has said he will help her any way she needs...a letter or whatever she needs, she already has a letter from her VA PCP saying she can't be working and needs help dressing and cooking because of her bone loss condition and the neuropathy she weighs 119;bs not the usual 145/150 lbs she use to weigh..she skin and bones.
she been in 2 rehab programs and it help a little but after she went back to being bad...with her conditions.
What would be our chances getting the A&A and would it have any effect on what I get from the VA now 100%P&T WITH SMC S & K She only gets SSDI AND NOW MEDICARE age 64...Medicare is no help other than the medical care and some med's she gets most of her meds via meds by mail and medicare helps with hospitalization which she has CHF And gets case of the flu and pneumonia each year...last year I almost lost her to CHF and double pneumonia at the same time. she pulled through that plus she had triple by pass heart surgery in 2005 from the VAMC she has other condition to and needs a lot of medical procedures we can't afford to have done the Dr's have said her spine in like mush the bones have deteriorated very bad. Also there are certain types of medications she can;t take due to Barcactic Surgery Years ago,
when it rains it pours IN Texas.
Anybody want to give me there 2 cents or advise as to what we can do?
Thank you All.
I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!
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vetquest
Buck, I cannot help but you will be in my prayers.
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