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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”-
- 0 replies
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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
ferriswheel
Hello,
I recently completed a c&p exam which concluded two mental disorders (MDD and GAD). I'm currently rated at 30% for mental health for about 6 years now (total of 40%).
I can't stop thinking about what the results will be for this exam and would appreciate some insight on some seemingly "scattered" results in regards to severity.
Some things appear to have been omitted while other details appear to be input incorrectly.
Thanks for the help.
Here's what I have. It's not the entire thing...I'm just really hesitant on posting certain things online that shows any kind of PII (even though this is anonymous.)
1. Diagnosis
------------
a. Does the Veteran now have or has he/she ever been diagnosed with a mental
disorder(s)?
[X] Yes [ ] No
ICD code: F41.1
If the Veteran currently has one or more mental disorders that conform to
DSM-5 criteria, provide all diagnoses:
Mental Disorder Diagnosis #1: Generalized anxiety disorder with panic
attacks, severe
ICD code: F41.1
Comments, if any:
The veteran is service connected for social phobia which is now
diagnosed as generalized anxiety disorder with panic attacks, which is
considered to be a progression of his previous diagnosis of social
phobia. The veteran's current diagnosis of generalized anxiety disorder
with panic attacks subsumes his anxiety condition and sleep
disturbances, as well as his symptoms of social phobia.
Mental Disorder Diagnosis #2: Major depressive disorder, severe
ICD code: F33.2
Comments, if any:
Major depressive disorder is a new diagnosis for compensation purposes,
and is at least as likely as not (greater than 50/50 probability)
related to his diagnosis of generalized anxiety disorder. The veteran's
major depressive disorder symptoms of helplessness, hopelessness and
worthlessness are all related to his severe level of anxiety. The
veteran's diagnosis of major depressive disorder subsumes his major
depression and depressive neurosis.
b. Medical diagnoses relevant to the understanding or management of the
Mental Health Disorder (to include TBI): Chronic back issues interefere
with his level of sleep.
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] Total occupational and social impairment
b. For the indicated occupational and social impairment, is it possible to
differentiate which impairment is caused by each mental disorder?
[ ] Yes [X] No [ ] Not Applicable (N/A)
If no, provide reason
Both diagnoses are comorbid and both equally affect functioning.
3. Symptoms
-----------
For VA rating purposes, check all symptoms that actively apply to the
Veteran's diagnoses:
[X] Depressed mood
[X] Anxiety
[X] Near-continuous panic or depression affecting the ability to function
independently, appropriately and effectively
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
events
[X] Gross impairment in thought processes or communication
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social
relationships
[X] Difficulty in adapting to stressful circumstances, including work or a
worklike setting
[X] Intermittent inability to perform activities of daily living,
including maintenance of minimal personal hygiene
6. Competency
-------------
Is the Veteran capable of managing his or her financial affairs?
[X] Yes [ ] No
7. Remarks (including any testing results), if any:
---------------------------------------------------
The diagnoses obtained were based on the criteria contained in DSM-5. The
veteran's psychological testing was valid and consistent with his report
today. He does report passive suicidal ideation, and stated he has no intent
to harm himself. He stated that several years ago he pawned his handgun. No
other weapons at home. He cited his daughter as a protective factor, even
though his ex-wife does not allow him to see her (and it may be that his
ex-wife is using the veteran's anxiety to deny him his right to see his
daughter as it is difficult for him to effectively communicate within a
public setting such as a court hearing and to a judge given his significant
level of anxiety and panic). No current active suicidal or homicidal ideation
was noted. The veteran has the national suicide hotline number for the VA.
Treatment options were specifically discussed, and he stated he would contact
<blank> for medication management. Given the veteran's level of anxiety
which impairs his ability to communicate by phone, I also contacted <blank>
and she f/u with me, stating she made an apt. for the veteran and he would be
contacted as to the time of this apt. She also noted his difficulty with
phone communication. The veteran's "intermittent inability to perform the
activities of daily living" noted above, as well as the "gross impairment of
communication" refers to the issue he has with effective communication given
his level of anxiety. These symptoms, along with his near continuous level of
panic which impairs his ability to function effectively, indicates
significant impairment for the veteran, even though he is managing to work
full time at this point. His ability to be effective at his job or at school
is considered to be impaired given his level of generalized anxiety disorder.
Application for vocational rehabilitation is noted in VBMS. He did have to
drop out a college due to his inability to perform public speaking. Given the
severity of his anxiety and now major depressive disorder as well, with the
addition of mental health treatment and continued medication management, his
prognosis for improvement is likely oonly fair.
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