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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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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
morganpam
Hi! I received my decision letter from my last review. I spent just over 5 minutes with the psychologist for my exam. I’ve been rated at 100% since 1 Feb 2010. They said my mental health has shown improvement and reduced my rating. I’ve been on the max dose of anti-depressants for 8 years, I tried taking 3 college courses last year and had to drop 2 because it was overwhelming, I am dealing with not only what I was rated for when I retired but have additional diagnoses of gastroparesis, Narcolepsy, pudendal neuralgia, loss of bladder and bowel control and anger issues which are all service connected. I just never bothered creating a new claim as I was already 100%, though not P&T . I deal with almost weekly pelvic floor and pudendal nerve injections, have had 4 surgeries and am facing more with that whole mess, have no social life, suicidal thoughts, and grief over how my career went downhill over the last 5 years ending on a hugely sour note. But, they say I’m improved and reduced the mental health rating from 70% to 50%. My overall rating will be 90% which means I’ll lose my dental benefits too which is a concern with the constant throwing up with gastroparesis. I’ve had several appointments with a mental health counselor for one on one counseling but it takes everything I have to get myself together and drive the 75 minutes to the VA just to talk to someone who doesn’t seem to know how to help me. I don’t understand why they think I’m improved.
We were also counting on the free college tuition offered in our state for daughter who is a junior so still had another year before heading off to college. I’ll lose that benefit as well.
All that to say, do I appeal or request a hearing? I’ve had several reviews over the years but this was the first they have proposed reducing my rating.
Thanks!
Edited by morganpamForgot to add something.
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Bullycat
I actually just went through this with my hip condition. You can call the va request a reevaluation saying you don't feel that it was thorough. I just did this in February. And get a private docto
Vync
For starters, let's examine the top half of the MH rating table: §4.130 Schedule of ratings—Mental disorders. There are a lot of and's and or's in the criteria. 50 and 70% both require b
morganpam
Just wanted to update. It turns out they didn’t have my VA mental health records so, after reviewing those and a comp exam, a week later my appeal was not only approved but my rating is now 100% P&
12 answers to this question
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