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New here , just got my c&p result , what rating will I get in your experience?
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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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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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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
Swag
1. Diagnosis
------------
a. Does the Veteran now have or has he/she ever been diagnosed with a mental disorder(s)?
[X] Yes [ ] No
If the Veteran currently has one or more mental disorders that conform to
DSM-5 criteria provide all diagnoses:
Mental Disorder Diagnosis #1: Major Depressive Disorder, with anxious distress
Mental Disorder Diagnosis #2: Other Specified Trauma- and Stressor-Related Disorder
Mental Disorder Diagnosis #3:
3. Occupational and social impairment
-------------------------------------
a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one)
[ ] No mental disorder diagnosis
[ ] A mental condition has been formally diagnosed, but symptoms are not
severe enough either to interfere with occupational and social functioning or to require continuous medication
[ ] Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms controlled by medication
[ ] Occupational and social impairment with occasional decrease in work
efficiency and intermittent periods of inability to perform
occupational tasks, although generally functioning satisfactorily,
with normal routine behavior, self-care and conversation
[ ] Occupational and social impairment with reduced reliability and Productivity
[X] Occupational and social impairment with deficiencies in most areas,
such as work, school, family relations, judgment, thinking and/or mood
[ ] Total occupational and social impairment
Veteran's diagnoses:
[X] Depressed mood [X] Anxiety
[ ] Suspiciousness
[ ] Panic attacks that occur weekly or less often
[ ] Panic attacks more than once a week
[ ] Near-continuous panic or depression affecting the ability to function
independently, appropriately and effectively [X] Chronic sleep impairment
[ ] Mild memory loss, such as forgetting names, directions or recent events
[ ] Impairment of short- and long-term memory, for example, retention of only highly learned material, while forgetting to complete tasks
[ ] Memory loss for names of close relatives, own occupation, or own name
[X] Flattened affect
[ ] Circumstantial, circumlocutory or stereotyped speech
[ ] Speech intermittently illogical, obscure, or irrelevant
[ ] Difficulty in understanding complex commands
[ ] Impaired judgment
[ ] Impaired abstract thinking
[ ] Gross impairment in thought processes or communication [X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships
[X] Difficulty in adapting to stressful circumstances, including work or a work like setting
[X] Inability to establish and maintain effective relationships [X] Suicidal ideation
[ ] Obsessional rituals which interfere with routine activities
[ ] Impaired impulse control, such as unprovoked irritability with periods of violence
[ ] Spatial disorientation
[ ] Persistent delusions or hallucinations
[ ] Grossly inappropriate behavior
[ ] Persistent danger of hurting self or others
[ ] Neglect of personal appearance and hygiene
[X] Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene
[ ] Disorientation to time or place
It is at
least
as likely as not (50 percent or greater probability) that these symptoms
also
incurred during military service.
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paulstrgn
It is so sad that the VA does low ball or deny first time claims and then they wonder why suicides are so high. I don't understand (other than its their actual mission) why the VA does not start
Berta
I agree with the 70%- as potential - and if you are not employed the VA should send you a 21-8940 to apply for TDIU. But then again my husband was finally rated properly for his PTSD ( 100% P &am
SgtStelmo
Great answer Berta, In my case the VA sent two requests to Social Security. After the second Social Security replied that they had no records for me! I was dubious at first, but after checking
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