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News From The Ranking Member Of The U.s. Senate Committee On Veterans'
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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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RichardZ, -
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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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Question
Guest allan
here's some news from our good friend, Sen. Craig.
Please give him the a clap!......................................
********************************************************************************
******
"The expanded
definition in Craig's new legislation, if adopted by Congress, will
allow servicemembers injured outside the Iraq and Afghanistan theaters
of war - from October 7, 2001, but before December 1, 2005 - to receive
payment for their serious injuries. Those injured since 2005 are now
covered irrespective of where their injuries occur."??????
Is this saying that the "boots" on the ground BS, will not be applied to our returning troops this time? I sencerilly hope so. allan
%%%%%%%%%%%%%%%%%
NEWS FROM THE RANKING MEMBER OF THE U.S. SENATE COMMITTEE ON VETERANS'
AFFAIRS
NEW LEGISLATION TO HELP INJURED SERVICEMEMBERS
Craig's current law has paid out $183 million to over 2,800 wounded
in-theater since war began
January 8, 2006
Media contact: Jeff Schrade (202)224-9093
(Washington, DC) Hundreds of servicemembers injured outside of Iraq and
Afghanistan could benefit from new legislation introduced this week by
U.S. Senator Larry Craig, the top Republican on the U.S. Senate
Committee on Veterans' Affairs.
"The wounded warrior legislation we passed in 2005 has provided
tremendous financial assistance to servicemembers who have been
seriously injured in Iraq and Afghanistan. But some deserving
individuals serving outside those theaters of war were left out of the
original legislation, so we are moving forward to help them as soon as
possible," said Craig, the immediate past chairman of the committee.
The new bill, S. 225 <http://www.congress.gov> , is cosponsored by new
Chairman Daniel Akaka (D-Hawaii).
Craig authored the original "Wounded Warrior" legislation two years ago
after meeting with three young veterans who had either lost limbs or had
been blinded in combat. In an overwhelming show of support for the
troops, Congress passed the bill within weeks after it was introduced.
It has since provided payments ranging from $25,000 to $100,000 - an
average of $65,000 per servicemember.
The money has helped the injured and their families cope with the
financial impact of long recuperation periods following the loss of
limbs, blindness, severe burns and other trauma.
But as Craig's original legislation moved forward two years ago, an
amendment making the benefit retroactive to 2001 - when the start on the
war on terror began - excluded those not in combat areas. The expanded
definition in Craig's new legislation, if adopted by Congress, will
allow servicemembers injured outside the Iraq and Afghanistan theaters
of war - from October 7, 2001, but before December 1, 2005 - to receive
payment for their serious injuries. Those injured since 2005 are now
covered irrespective of where their injuries occur.
Craig said that former Seaman Robert Roeder would be one of those who
would benefit from the change. Last January, as the aircraft carrier USS
Kitty Hawk was steaming to the Middle East, Roeder's left leg was
severed above the knee by an arresting wire during flight operations.
In a speech prepared for delivery on the floor of the U.S. Senate, Craig
shared Roeder's story, while noting that "military service is universal
in character" and that the proposed new law is consistent with how
Congress handled retroactive payments for other benefit programs.
Under current law, over 2,800 servicemembers nationwide have received
over $183 million. Eighteen of those individuals are in Craig's home
state of Idaho. Collectively those Idahoans have received $1.025
million.
####
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kind note with the words "delete me" to: jeff_schrade@vetaff.senate.gov
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