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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
broncovet
I will start, with some general information about RAMP.
You may, or may not get a letter from VA asking you to opt in to RAMP. You can still opt in anyway, by completing this form:
https://benefits.va.gov/BENEFITS/docs/appeals-RAMP-Opt-in-form.pdf and sending it to the address on the form. Currently, you have to make a choice:
1. Higher level review. Use this option if you dont have new evidence, but think the decision maker erred on your claim.
2. Supplemental claim lane. Use this option if you have new "relevant" evidence.
I personally opted into RAMP about a week ago, after procrastinating a while. Why did I do this:
My claim was from 2015. I checked on vets.gov and there are more than 148,000 Claims ahead of me AFTER waiting 3 years. And, my claim has "not" been certified to the Board, so that is another 773 MORE days, according to the BVA chairmans report, here:
For 2017: https://www.bva.va.gov/Chairman_Annual_Rpts.asp
This means if I stay in legacy appeals (and dont opt into RAMP), that I estimate it will take 5 or six MORE YEARS. Waiting "another" 5 years is unacceptable to me in any circumstances.
So, I opted into ramp against the advice of my attorney. Why? Because I have a reasonable chance of getting my appeal done in 125 days, that the VA promises. The attorneys always say, "there are too many unknowns in RAMP". Well there are at least 5 unknowns in legacy appeals: 2018, 2019, 2020, 2021, and 2022. I would rather get denied in 2018 (so I can appeal ) than to wait until 2023, or later, and still maybe not get my benefits and still have to appeal.
Edited by broncovetLink to comment
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Wayne TX
Great points....exactly why I opt in RAMP as my claims go back to 2015 and have not even been certified by the Legacy Board. None of us are getting any younger so RAMP was an alternate worth the ris
Unique11128
Hi Buck2, Unfortunately, I was denied I chose the higher level review and the DRO missed several things in my record that were clear evidence to grant my claim. 2 weeks later after the den
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