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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
spearhead91
Ebenefits shows claim Opened and Closed in 90 days flat. Right on the date. Had some C&P's. No BBE with reasons yet. BUT IT IS CLEAR that the VA is doing more to DENY then to assist. Did not ask me for any additional information. So went from Claim to Deny in 90 days?
But this is what has happened to me in a short period of time since I filed my claim:
1. Facebook account someont tried to hack as i have 2 step authenticaiton and I received and email alert to that affect.
2. Twitter account which I have had since 2010 and never used never tweeted/followed someone tried to gain access.
3. I had an appointment with my pain management DR one day in early June when I get up the counter for check in they say that I cancelled the appointment in their system. I did no such thing. I ended up having to wait an extra hour but did get seen that morning, causing me to miss work. Only a few people at my work and the office itself new of my appointment, and work did not no where/who.
4. Internet connection slow and stops working as if my connection is being monitored or man in the middle attack going on. (This is ongoing and constant just stating a fact.) I'm not overly paranoid but this is highly irregular.
5. Not one person from my team either co-worker or manager or team lead has attemped to contact me to check on my status and how I'm doing.
6. Filed STD claim with my company approved XX weeks for leave but no pay at all. I only get $937.00 from the VA for my 50% ratings.
7. I have had two C&P exams one for my increases which the rater has said not likely service connected but I have an IMO that will hopefully rebuttal that. <<< This had to have been ignored won't know until BBE and C-file.
8. I had an appointment with a DR for Friday and I find out the morning of that got pushed off to Sept.(It took 6 week Non-VA to get that appointment and pushed back another 5 weeks??? 3 months!!!) I could not wait that long so have new appointment.
9. When I found out that the non VA DR appointment was moved back I called the VA to see if I could get an appointment in the Prime Clinic and was told by XXXXX scheduler that I hadn't seen a PCP DR in 2 years ( note DR who was PSCH DR in the Prime clinic passed himself off as MD and gave veiled threat). Scheduler for Prime Clinic said I had to go back to Elgibility again and transferred me to a dead phone number. I called back again and had to leave a message. I am a 50% service connected Veteran with an honorable discharge injured in a Combat Zone and I am being shunned and being made to jump though hoops to get medical care. I only go for medical care if something URGENT as I don't want to affect my brothers and sisters who are more injured than myself. <<<And still not return call from local VA Elgibility office.
All of this in a 90 day window. I'm livid. VSO useless. And I hope the VA trolls read this.
So if you raise your voice (PT person doing exam on me less than 2 years ago caused me significant pain/suffering during exam where I yelled out in pain and I made a snarky comment afterward) or you get an IMO you get labeled in the VA system as sensitive 7 or something and they act weird when you do go to an appointment. Granted not all employees are like this some PA's and Nurse's are awesome helping you in there. But there is some truth to what you can read online on any number of blogs or message boards. I did not want to believe this was being done to Veterans, not possible, but looking at everything in totality and this VA hospital and where it's located you can add all that up and connect the dots quite well what is going on. IMHO they are using intimidation, black balling, denying care, faulty C&P exams, threats, discrimination, all in attempt to let us die off. Why? it's not just about the money. You all know why and if you have any doubts just watch/listen/read.
I know a VARO will read this and I hope you do and if the one can figure it out I hope they do read this. Duty to assist, reasonable doubt, adequate exams, CFR 38 bleh bleh. You look for one thing to deny on anything or start from DENIAL and go the other way around like it should be. Liar(s).
So now I need an action plan? But without BBE and C-FILE I guess I have to wait.
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