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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
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
andrewdc
I'm currently 100% copd and 50% mental with a host of other rated disabilities. I currently work, but have received many reprimands due to my forgetfulness (memory disorder) so continued employment is shaky at best. I feel I would qualify for ssdi now, but haven't applied because I don't have the financial resources to wait 6 months for ssdi payment assuming I qualify. So, I have put in for an increase in my mental rating and although struggling to work, feel I could be deemed total occupational and social impaired. My wife who was retired for 6 years recently went back to work to help us in the event I am terminated. My eval is Thursday and my wife helped me put together my current mental status as I would probably forget some key items during the eval. my question is, is it possible to receive a 100% mental rating while still maintaining employment. due to my mental issues, I'm hoping to get smc L at some point.
MCI, Depression, Anxiety, Sleep Disorders
COPD, Sleep Apnea, Diabetes, neuropathy, Hypertension, Sinusitis, Allergic rhinitis,
Medicines (see attached)
Forget to put car in park before exiting car
Left stove burners on unattended
Forget to take daily medicine
Severe anxiety in crowds- profuse sweating
Forget grand kids and other relatives names
Forget where going while driving
Dr simukuvar (va pschyistrsit) advised me to stop driving)
Forgetful of date and time-forgot daughters recent birthday
No emotion to anything
Unable to focus at work
Forget who I call
Unable to remember person I am speaking with
Forget short term instructions
Severe difficulty understanding instruction
Judgement is poor, makes bad decisions regarding finances, work, and relationship
Unable to function in crowds—extreme sweating
Unable to maintain friendships, withdrawn
Speech issues,,,words don’t come out as intended
Hit knees with fists when I’m overwhelmed or anxious
Forget to wash hair or brush teeth, hygene4 is deteriorating without wife intervention
Unable to tell whether certain dreams were actual events or just dream.
Continue issues with sleep---fragmented
Obsessed rituals, 16 pumps of soap, 4 pumps shampoo- don’t know why
Careless driving
Poor memory especially short term-
Will be applying for ssdi due to current medical conditions as unemployment is eminent due to poor function at work. Feel will qualify now but unable to apply as payments don’t begin for 6 months after approval. All work reprimands related to memory issues.
Linda- assumed control of finances and bill paying, all meal preparation, all medicine management, monitors all my activities.
Prefer to be by myself and not around people.
Only hobby is fishing
Irritated easily
Always tired from slack of sleep
No energy
No mood
Have fallen asleep while driving more than once
Nervous often
Rely heavily on wife to manage daily activities
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