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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
Anthonye
In 2002 at fort knox a lt col ortho said you can't serve, you need surgeries and this is to much for the army to do, once you get out the va will take care of you he said. A MEB 40 via walter reed, im out, go to the va in Lexington cause you gotta get the va approval for medical treatment, in 2002 a nurse practioner who examines my injuries reads my meb 40, notes from fort knox ortho looked at me and said I think you are lying, there is nothing wrong with you. I 26 years old at the time, shocked, I had never been accused of something so freaking outlandish, especially the only thing in my life I have great pride in, my service, my oath, my life the past 6 years, I was f*cking floored silent! it took weeks for it to soak in and then I flip my f*cking lid. the next 11 years after that continued to show me the va was a joke and did not give a damn, Percocet, Lortab or both at the same time till I could personally afford to see a orotho privately, 3 surgeries later 2012-left knee replacement, 2014 2 phase surgeries to place 6 in my hips and back. for over 5 years through a hell I don't have much memory of, many many times a day I struggled to not walk down in the woods to end it all, or just drive away and abandon my wife and kids, I was sure their lives would have been so much better. just 1 symptom to give you a glimse of what I felt was for over 5 years it felt like hornets stinging in my testicals 24 hours a day 356 days a year all the time.
Service connected for, knees, back, hips, ED/low t/hypogonadism, left thigh muscle-tissue loss, and depression
Currently ongoing-Filed a claim in 6/2016 following heart cath (diagnosed with Endothelial dysfunction, Cardiologist states caused by low t) my claim was closed 10/2016 because I couldn't attend c and p (stated I refused to schedule) in 10/2016 because I was on federal jury duty from 10/2016-1/2017. 8/2016 I went to 1 c and p for heart and 1 for audio but 10/2016 said I need to attend 2 more c and p's. I submitted jury summons and letter from Us attorney's office VA still closed my claim, also took 20% away (for ED) to 0% cause c and p examiner said I refused to cooperate with full nude examination, BULLSH*T! After jury duty completed I had my private cardiologist, urologist and ENT all MDs holding state licenses and board certified in their respective fields,then asked VA to reopen as of 3/2017 due to new medical evidence and posed it as all claim info submitted review for decision. the va reopens the claim, what have they done since, 2 (contracted) c and p exams for psych despite VA psycharchist completed dbq, 1 c and p from contracted MD, 1 echo cardio, 1 hearing c and p with a contracted audiologist, 1 hearing c and p with va audiologist, 1 more c and p physical examination with va PA. the va clinic here at home admitted me to the hospital may/2018 and the va regional medical center called on Friday while admitted saying they needed to schedule c and p, told them I was in the hospital double ivs and would call them back the next week after I was home and could talk (without being heavily medicated). also told the scheduler that I was in the hospital per local va clinic, call the next week, they sent the c and p request back to regional office stating veteran couldn't schedule, what does that mean, veteran refuses, GodDam**. who has the phone number to the lousiville regional office, NOONE, despite my calling begging, pleading, sent hospital records to prove I was admitted, told my psych, va md, claim rep, they closed the claim, HOLYFU**. after a month regional finally shows some common sense and gets everything back open this time more c and ps, requested 4 times for VA cardiologist to answer some question, after 3 months wait no va cardiologist ever responded to their request. va out of no where said I requested special housing allowance, no I didn't, that took a month to resolve, now when I think I might get closure they mailed me a application they say I have to complete for unemployability, I never freaking asked for unemployability. Perhaps I have my expectations to high, cause I thought a veteran that held top secret security clearance, served honorably, Ive never claimed anything that wasn't backed up an inlineof duty, or well documented medical records with expert medical opinions, and currently working for SSA Hearing Operations for over 5 years with a security clearance, would be treated as an honest veteran but HELLNO I am treated like a freakin liar, abusing the system, frauding they system and they keep sending me to more c and ps till they get the answer they want. Really!?!? I just about can't keep it freakin together, the last 2 years have been sh*t, wife has a brain tumor, step son that lives with me well his dad dies, we decide to adopt 1 1/2 years ago before we knew my wife had a brian tumor, my new son's been through hell and to just be only 7 and he is forever my son, but he has some hurdles, don't we all, my middle son is trying to figure out where he fits in with all the things going on. I requested 4 months ago that not more medical records and make a decision but no more c and ps.... I need closure, deny or grant whatever I need to move the freak on, everytime I try to put in the back of my mind and accept they will make a decision when they get to it I get another call for c and p or a letter saying to complete this application for something else, seriously! I can't freak take anymore! for those who crique my grammer, spelling, sentence structure whatever, im to damn tired to give a f*ck!
Edited by AnthonyeLink to comment
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