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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
commodog
Hello all,
Edited by commodogEver since suffering a cold knockout from a vehicular fall, and down the side of a levee/cliff during the invasion of Iraq (14-20 feet, directly on back of head: ACH was worn at the time, and NVG's [AN-PVS5's] were on my face.), I have had a variety of cognitive issues and total behavioral personality change.
I am already 100% Permanent and Total (as the title says), and diagnosed with mTBI and PTSD, to which the majority of my award is granted towards PTSD.
My LOC (Loss of Consciousness) was probably around 30 minutes if you consider me "coming to" briefly from time to time (being fireman carried by my TC, and then lifted by said TC, MOPP gear, M16 and all into the bench seat of a 5-ton) and being pushed on the shoulders as I lay in the fetal position, in utter confusion (I couldn't even "think" straight), on the bench seat by my TC who kept trying to get me to stay awake while he concurrently drove.
I'm filling you in with this cursory amount of detail so you guys can get a feel for my background and situation. (Circumstances and type of injury.)
What I want to seek your guys advice on, is this:
I have a memory/focus issue that seems to be getting worse.
I do things that seem to be gaps in processing tasks.
For example:
- Driving - Briefly lose "awareness" (presence?), but come to seconds later.
- Daily routines or tasks:
(a) Leave house, forget I locked it. Get out to car, can't remember whether I locked it. Go back to door, door is locked. Go back to car, can't remember if I locked it. (If wife is in car, she reminds me almost always as soon as I get in car.)
(b) Make coffee - Fill coffeemaker with water, insert coffee grounds, turn on, walk away. Come back to coffee all over floor several minutes later. Forgot to put in cup or pot. (Put something in stove, and totally forget about it until it's burned.)
(c) Have a difficult time coordinating tasks, and find myself extremely frustrated when doing so.
(d) I sometimes go into long segues or overcomplicated verbiage. Internally, I feel like I'm struggling to say what I mean, and everything seems to "run together". My doctor wrote something to the effect of "This is either a sign of his cognitive dysfunction, or he is avoiding questions/conversations.", of which I assured said doctor it is not the latter.
I have talked to my psych doc, and my doctor is telling me that these symptoms sound TBI-related, and put me in for a "Second Level Evaluation" with polytrauma.
I have been to polytrauma before, and they did what I think was a best-case effort, and I went back to work. (Was driving a concrete truck at the time, and eventually got fired for , frankly, being forgetful/inattentive. Am now staying at home and doing home improvement projects to keep me busy/"fulfilled')
I have to admit, I have a bit of fear about what the reality could be, as I am fairly young (early 40's), and have children and a wife.
My questions, are as follows:
- Does my doctors assessment that my apparently degrading cognition and processing is related to my TBI seem reasonable? Are they stretching? (I know *some* of you have psych degrees, or have seen this thing before.)
- Could going back for more second-level polytrauma assessment affect my current rating?
My wife is currently an honors level student (Deans List, Presidents List, and Academic honors), utilizing Chapter 35, and a state tuition waiver for spouses of those 100% P&T, and I do not want to ruin her frankly amazing pursuit of her degree.
Any insight whatsoever will be greatly appreciated.
Thanks!
Commodog
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vetquest
commodog, If any of us could work again we would. There is an independence in working and earning our own keep. It just comes with the territory of giving our best to our country and being inju
commodog
Thanks, brother. I really needed this today. I will continue to pursue treatment as I usually do.
Berta
Have you applied for SSDI? This award should help with that.
16 answers to this question
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