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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 rating
Picked 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.
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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
MyGooseIsLoose
Hi all,
Although I am new to the forum I have been a reader/follower for several months and feel that my situation can help others so would like to share. As the title implies, my claim was just approved and it all took less than 2 months, heres the story. Keep in mind I am only 29 years old, served 7 years and 3 deployments to Afghanistan as a 13B.
One year ago I was approved for %70 PTSD and a few other %10 issues totaling %80 disability. Although I was very happy and grateful for the %80 I have been unable to work since 2015 due to my PTSD and inability to interact with others (specfically coworkers). On July 3rd I filed an increase for PTSD and individual unemployability. I was scheduled a C&P literally 2 weeks after I filed and went to it (obviously). It was through QTC and literally lasted 15 minutes. The dude who gave it seemed nice but did not ask me many questions at all. I had no idea weather it would yield a positive or negative outcome as he did not give me any hints one way or the other. After the C&P I pretty much told myself that my claim would be denied and I would ultimately end up having to appeal it (which we all know can take forever) so I did not get my hopes up AT ALL. On top of that my previous employer from 2015 did not send in the form the VA sends to them (27-somthing I can't remember) so I was like man literally all I have going for me is my own statement (which was 100% the truth), my doctors notes, and that C&P which I did not feel good about at all. For these reasons I pretty much gave up all hope. I wished I had something from a doctor stating that I was unemployable due to my service connected PTSD (which I know from this forum is they KEY to getting approved for IU) and I had nothing of the sort. Forward a month and a half....
Yesterday I checked EBENNIES (it has been less than 2 months) and the claim moved to Pending decision approval so I was like cool at least it is moving along and I can file my appeal and begin the LONG process. Well one hour later I logged back in and the claim was closed. I checked my VA letters and sure enough I was approved for %100 TDIU, not permanent and total however (im only 29). I was very happy and did not expect it at all. Considering the claim was less than 2 months old I feel very fortunate that it worked out in my favor and felt compelled to share this with you all as this forum was a HUGE help to me during my process. Now, thank god and the VA, I will be able to support my daughter the way she deserves and focus on my own PTSD treatment. I wanted to say thank you to all of you who use this forum it was a big help to me and I will do my best to give back and help others on their quest for benefits.
Steel Rain.
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Hi all, Although I am new to the forum I have been a reader/follower for several months and feel that my situation can help others so would like to share. As the title implies, my claim was just
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