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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 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.
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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.
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Lemuel, -
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Question
USAF K9
I'm sorry if I am posting in the wrong place. I wasn't sure where this should go.
I am prior Air Force, combat action medal from Iraq, blah, blah. Lots of issues from Iraq and base football, and other stuff.
I am 100% SC schedular, non P&T. I am 70% PTSD, 40% back, 20% for each leg bilateral radiculopathy, and a bunch of 10% ratings on my feet, knees, hands, etc.
I went to my first and only C&P for PTSD back in March 2019, so I have only been SC for PTSD for 4 months or so.
I recently filed claims for several other conditions (Sleep Apnea secondary to wt gain from PTSD and other disabilities, Fibromyalgia for Gulf War, Migraines from Gulf War, ED secondary to PTSD meds). I also provided a letter from a doctor saying I should be P&T. I would have left well enough alone after getting 100%, but the rating said I would be re-evaluated for my PTSD and my back, so I figured I may as well go for the jugular and overwhelm them with the rest of my issues, so maybe they give me P&T. I also THOUGHT I was safe from a re-eval since I had been rated so recently.
Anyway, despite me providing them records to fulfill all the necessary elements (favorable DBQs and nexus letters from Dr. Ellis, and diagnoses/sleep studies, etc. from my personal doctor) for all the new claims, they still sent me to a C&P for all the newly claimed conditions. Fine, I will play the game even though I sent you everything wrapped in a nice bow. But, then comes the part that threw me for a loop, and is my actual question:
I looked in ebenefits and see a request for a PTSD increase showing in the system, which I absolutely never asked for. I didn't even think I could go for an increase since I had only been rated like 4 months ago at that time. I also didn't think I rated 100%, based on the description in the CFR. Anyway, I call a bunch of people to ask what is going on and nobody has an answer. The VA acknowledged that they asked for the re-evaluation. I understand the VA can and will re-evaluate anytime, but it is a bit ridiculous, even for the VA, to do another PTSD exam 4 months after the first one. I would certainly understand if they re-evaluated my physical issues since I was seeing a primary care type C&P examiner for my new claims. But, it doesn't make sense to generate a request to have PTSD added to the mix after only 4 months.
Does anybody have any thoughts? Some have told me that this may be part of their process to determine if I should get P&T, but I had a VA phone rep read me the correspondence between the VA and the Psych, and nothing was mentioned about "find out if this dude is going to be messed up for the rest of his life," and I know the C&P psych certainly didn't ask any questions about permanency, and she actually seemed mildly annoyed that they sent me again so soon, especially when I told her I never requested an increase. BTW, the C&P seemed to go really well, so I am not super stressed about the outcome, but you never know. Actually, scratch that. I am pretty much constantly anxious about everything. But, the exam did seem to go well.
Anyway, if anyone has any thoughts about why they sent me for another C&P exam for PTSD so soon, I am all ears.
Thanks everyone!
P.S. This forum has been EXTREMELY helpful to me as I took myself from 20% up to 100% (and maybe back down again depending on what the VA says about my PTSD C&P exam). So, I thank you all for that.
Edited by USAF K9Link to comment
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ShrekTheTank
So there are a few issues here. That is pretty fast for a reevaluation, but not unheard of. So P&T you need your doctor to state this condition is a progressive or will never get better! You ne
GeekySquid
i wouldn't trust a VSO's offered medical opinion if it came spit shined and attached to a million dollars in gold bullion. 1) that is totally your call 2) why give up something that is aut
GeekySquid
any time you file new claims or a claim for increase the VA has to review your entire claim file, including for TDIU though that is not relevant to your situation as 100% schedular. This likely
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