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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”-
- 0 replies
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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.
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
Berta
If a surviving files under both FTCA ( the regulations are here in this forum) and also under Section 1151, 38 USC-
and their claims succeed, there is an offset factor that is explained here- regarding the negotated settlement and offset amunt that is determined at the Distrrict counsel level or at the OGC in DC. I often see the full offset of the settelement regarding any 1151 DIC award. in BVA denials of DIC under 1151. I negotiated with OGC directly- for far less of an offset that the full amount-
The benefit of filing both FTCA and 1151 is this- the USA does not state in the settement , what the VA actualy did to cause the wrtngful death.
In my 1151 award it states very clearly a brief but chilling rendition of the multiple malpracticed issues , that all caused/contributed to my husband's untimely death.
One of those issues was Ischemic heart disease, his main cause of death. He was incountry Vietnam, USMC, 65-66.
Sixteen years after he died IHD went on to the Agent Orange presumptive list.
Due to the extensive medical research I had done for the FTCA, 1151 cases, and due to the fact that his IHD was never diagnosed or treated by VA, and ever even rating on any rating sheet-I had enough info for the Nehmer claim ( 2012) to get a proper rating as well as a very favorable EED under Nehmer Footnote One.
My point is that a Section 1151 award for wrongful death will reveal the full gamit of malpractice, and identify and rate ( maybe),the disabilty(ies) they malpracticed on- and that statement and any possible rating ( which would be NSC) can be overturned by any situation such as Nehmer and/or any other claim that has a direct SC death basis.
Not in my past 1151 award was the fact that I also proved im 2009, that my husband also had AO DMII-never treated or diagnosed( that is -the diagnosis was crossed out but I could tell what it said, )when the VA was trying to cover up the malpratice of his IHD, HBP, and stroke.
So my point is an NSC under 1151 can become a direct SC , in some cases - I only know of mine however- depending on any new AO presumptives, or even on past AO presumptives, or by findingprobative evidence that would garner a direct SC death under a different theory....and re: FTCA, could garner an offset refund.
NOTHING is IMPOSSIBLE!
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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