Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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
Picked By
Tbird, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
GeekySquid
Hi all,
I am new here and have asked several questions and will probably ask many more.
I have written out more lengthy posts about my history so i will forgo that in this one.
In going through my records after a C&P review last week, I remembered something that seems quite different than the experiences of other vets with PTSD SC ratings.
It took less than 4 months from the time I had my initial C&P until I got rated and paid at 70% PTSD, 10% Tinnitus
This was in 2013.
Timeline:
Nexus events: 1984
Enlistment ended Oct 1989
Applied at local VARO and VAMC Jan 1990. Denied help. even said they could not find that I served with DD214 in hand from local base at Cecil Field Jacksonville.
Next 20+ years about a dozen VARO's and VAMC's denied me/ shooed me away.
Sept 2102 Hurricane destroyed my apartment. While waiting to apply for FEMA help met VSO who convinced me to apply again.
Oct 7 2012 VSO got me a bed at a VA homeless shelter
Dec 20th got C&P date for April 18th 2013
April 13th had C&P
July 23, 2013 I received 10K back pay check w/ 70% PTSD SC rating and 10% Tinnitus.
July 31, 2013 I received first monthly compensation check.
The 4 months from C&P to Payment time frame is real quick from everything I read.
Does this say anything about the strength of my claim and the results of the C&P?
I have vague recollection of the VSO and others at the New Orleans VA noting that the process was really fast and unusual. I did not really understand how quick it was until I began reading posts here 5 years after being rated.
I realize no one can say definitively yes or no to that question but opinions would be helpful from those with experience.
I also wonder if that rapid a response then, bodes well for the outcomes of my recent review that the doc indicated would likely increase my rating.
Also what the impact might be on the TD/IU claim I put in today. I have not had substantial employment since 2005, but I did have assets having been in the DOT COM bubble. Lost that in the07/08 crash, but that is besides the point. In fact my last official full time employer was in 2005. Tax records show that as well as my existing C-File.
any opinions would be considered helpful
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Aug 21
2
Aug 22
1
Top Posters For This Question
broncovet 1 post
Gastone 1 post
GeekySquid 1 post
Popular Days
Aug 21 2018
2 posts
Aug 22 2018
1 post
2 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now