Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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
Picked By
Tbird, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
ToxicSgt73
1. How would you file a first time ever claim, today? Knowing everything that 'you' know today. Why?
I have a good idea of what I want to do, right now, today. And I have a good idea of what I want to continue to do, and a good idea now that I have no clue of how much I will change that idea as each day goes forward. So, I know I have to get this ball in motion and pick a plan an go with it.
I have decided to go it without a VSO. I wish I could get a partial power of attorney accepted (maybe I can, maybe someone can clarify that). NO ONE except me should decide my fate, unless their agenda is 100% one of doing what is in my best interest (or as close as money will buy), I don't want anyone bargaining for me unless I can contractually limit them to specifics. I know this could be/may have been my toughest non adversary to date that I have ever had to bargain with, but I have never shied away from trying when I study it and apply what others have done before me, in a lot of endeavors.
So, some of the choices I see:
File on all items that I have all the required pieces for to develop a FDC.
File on a subset of the items to hope for a desired rating level to achieve a desired level of benefit.
File on even a smaller subset to just feet in the door and get a rating, then come back with the rest.
Then, as far as Intent to File, or Just starting a Claim, my initial thoughts open for clarification.
The Intent to File you hold the rest of everything to your chest until you pull the filed trigger, but you keep the effective date? Actual results?
With Starting the Claim today, and not completing it for some length of time, are you uploading partial bits and pieces or do you still wait to enter specifics all at one time? does this give the VA a heads up of what you are up to, so as to allow a faster shootdown if that was in the cards? Since I have not been into the online claim system, I have no idea how that works, except what I read, and without seeing it, that doesn't mean much to me.
I have read, based on the past, that some believe, the only way to deal with the VA is US Mail Certified. I believe that may have been very true....my question? Is it still that way?
I saw there was a tinnitus claim recently awarded in 35 days. I believe that was FDC and online submitted?
In navigating the different VA websites, I have 3 different signons, a premium account, and was sent to DEERs....but can't accomplish that yet....as I really don't know what its for, its probably an okay thing.
Would anyone here avoid filing online? Why?
Trying to make up my mind, looking for more ways to look at it.
Now, my actual experience with the VA in the last week.
1). I filed a 10-10ez one early am.
2). The next day, in the late afternoon when I signed on the VA website to look around again, instead of whatever it said initially, like pending or working, or somethin, I don't remember as it wasn't displayed long enough.....it said: Enrolled, with big check mark? Now I wasn't sure exactly that it meant what it said.
3). The next day: I was called to schedule my first appointment, which I had checked that box. Which I did, 12 days out.
That same day, which was yesterday, I checked online for more things to discover, and I discovered 'my' handbook. I was given Priority 5, which I think will work for me.
So? Which VA am I working with? Has something changed? I have been called 3 times now by the VA welcoming me to the system, and it has been very pleasant experience. Is this a trick? a Jedi mind trick? or is this something that I haven't been reading about? Is this what you are experiencing?
I am trying to decide how to start the claim and how fast. I am still waiting on my STR's.
I have two pretty straightforward claims direct SC either up or down. After that it gets really complicated, these are not really my concern right now, I do know I want to save these for a later day. I may be able to pull one or two out of these to develop with the first two. This would put me theoretically over 30%, which I see would be something worth getting. I believe it has value to ask this question without specifics as to the claims (I will do that later in the process).
I am really trying to weigh all the reasons and ways for getting an effective date now, instead of later. But, I don't want to sabotage my claim.
Link to comment
Share on other sites
Top Posters For This Question
9
3
2
2
Popular Days
Sep 8
11
Sep 7
4
Sep 9
3
Top Posters For This Question
ToxicSgt73 9 posts
HONDOII 3 posts
Buck52 2 posts
GBArmy 2 posts
Popular Days
Sep 8 2019
11 posts
Sep 7 2019
4 posts
Sep 9 2019
3 posts
17 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now