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
VICDE
I recently filed a claim for the VA to look at my total record and determine if the totality of my service connected condition combine qualifies for a second SMC L-aid and attendance determination or that of SMC O or R1. I had researched the BVA site and internet the last few years and found that such determination where, for a time, hard to find. However, now there seems to be an abundance of search determinations for me to review and pattern my case by. One case that is very similar to mine is actually posted here by Jamescripps2, I believe his name here is. Also, I have profited greatly, knowledge wise, from periodically reviewing ASKNOD. His post are a combination of education, humor, and other information but mostly shows he cares about the veteran and is not judgmental as some sites that cater to our needs are.
Anyway my situation is as follows: I have worked my way up to SMC M though a steady reading of posts, BVA decision, CFRs and posts here and another similar site. I have two 100% ratings: one for mental issues and another for my heart, kidneys, and blood pressure combined. However, James raised an interesting point about separating some issues in order to achieve the maximum rating as the VA is supposed to be doing. By my reading chronic congestive heart failure diagnosis alone requires a 100% rating as I have been diagnosed with that. Further, I don't know the history of Jame but he indicated that he has a 100% rating for chronic kidney disease stage three, I also have this disease at stage 3b, and it seems he is rated 100% for this condition alone as well. Yet, all of mine are combined into blood pressure. So this is why I am thinking of separating these condition from one to two or possible three. My 100% heart, kidney, blood pressure was a new rating in which it seem SMC L was not looked at by the record. Although I believe it said that no reason to bring it up if the condition doesn't warrant it ( read this somewhere can't remember which regulation it is from).
This post resolves around a claim that I am specifically asking for SMC O or R1 due to my medical conditions being evaluated in light of needing aid and attendance absent of any condition that were used in the original determination which was only one as far as i know - Mental. My M came when they added a new back dated rating for my Heart and other stuff mentioned above. I have 25 disability ratings currently (I counted) and expected a few more with a pending appeal due to several favorable C and P examination. Why so many? Because I live overseas in the Philippines and to get care (free) requires service connection so I have fought for every service and secondary that I could get by my record and understanding of the regulations. From reading here and the CFR I understand that condition must be separate but I did not truly understand till I read posting between James and ASKNOD posts and discussion back and forth.
The questions are this The doctor connected my lower back spine degeneration to my cervical spine degeneration thus it is secondary. Therefore all it's secondaries are also not necessarily independent disabilities on their own. However, the spine condition was used initially in my SMC P at L 1/2 prior to my SMC M determination and has a termination date or whatever its call that starts the day before the new SMC M started; thus it is not used in any determination for a rating now. The SMC M determination is solely predicated on my heart, blood pressure and kidneys. I had vocation rehab medical opinion from my PCP that basically said all activities were extremely limited and I was pretty much able to role and bed and open my pie hole only (due to pain, pain medication, heart, mental, orthopedica problems, etc). Further, I was not qualified even to work on my own outside my house.
In my prusuit of R1 I asked him to do a 2680 since that was his opinion based on conditions other than the mental - which I have and SMC L for already. I also asked my PCP doctor at the VA to fill a similar form as well since the volcation rehab opinion was so bad. The ortho came back right away, (not able to leave home other medical appointments, need assistance medication management due to bilateral upper and lower 'severe radiculopathy", need help dressing, etc) in other words almost all answered in the affirmative expect feeding myself. Still pending the PCP 2680. However, I have had two C and P with no promises till results are in but from the doctors comments it seems his comments on my lower back exam. radiculopathy and right shoulder exam would be extremely favorable as well. But, since I already have the Ortho 2680 and my PCP opinion from Vocation Rehab (2016 was the date; old I know) and numerous C and P's (old as well) in past indicating the need for regular use of a cane for balance issues: this seems it should be enough for the determination by the regulations. I know from ASKNOD posts, I believer it was, that there are differences between post 911 LOU for housing and LOU for compensation. I was originally trying to get the SAH but the findings seem to open up new possibility. However using a cane can't be seen as LOU for compensation I am sure but maybe for post 911 SAH. However, what about the chance for R1 as it seems like all the requirement are there? Any help or advise would be appreciated. This is a long post I am sure I forgot some things please ask it it would help offer advise.
Thanks,
Vic
Added later: Here is a similar case remanded by the court back to BVA and approved/rated: https://www.va.gov/vetapp18/files3/1814284.txt . Don't know if a precedent but proves it is possible.
Edited by VICDEAdditinal information
Link to comment
Share on other sites
Top Posters For This Question
3
2
1
1
Popular Days
Oct 12
3
Oct 11
2
Apr 1
2
Apr 3
1
Top Posters For This Question
VICDE 3 posts
jamescripps2 2 posts
Buck52 1 post
Oceanbound 1 post
Popular Days
Oct 12 2019
3 posts
Oct 11 2019
2 posts
Apr 1 2020
2 posts
Apr 3 2020
1 post
7 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