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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
bigoc
I understand the feeling about ebenifits and to not trust what it says. This is a new issue I think bizarrely effected my claim.
1. 4/19/2019 I filed for an increase in current SC conditions.
2. 8/3/2019 I go to a C&P for this claim. I had to go back again 3 weeks later if forget the exact date because something was not done correctly at the first C&P.
3. 10/10/2019 I filled out an intent to file on ebenifits. I did not do anything with the application other than start the app with no other information filled out. It showed up in ebenifits.
4. 10/15/2019 my claim from 4/19/2019 shows as complete and pending notification which was updated on 10/17/2019 as notification sent.
Here is where it gets weird and confusing.
I checked ebenifits yesterday to complete my intent to file application. It somehow is not listed as a new claim but combined with the 4/19/2019 claim that was completed and notification sent which I confirmed with a few calls over the past few days to the VA. I have not received the letter yet but they keep telling me over the phone that the letter was sent.
I'm trying to figure out how after the 4/19/2019 claim supposedly closed the new intent to file claim now has the start date of 4/19/2019?
I tried asking this question over the phone and the VA seems as confused as if they are only looking at the same thing I am on my ebenifits. The fact that today I am hitting the 10 business days from notification sent and my letter still has not arrived tells me something strange happened. I'll wait till todays mail but suspect it was never sent. I understand why people are so hesitant about doing anything while they have a pending claim. I understood an intent to file as not having any effect on current claims. I think this incident has broken that barrier. Its not supposed to but it seems like something happened to combine the start dates of the 2 claims.
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bigoc 2 posts
Holllie Greene 1 post
ShrekTheTank 1 post
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bigoc
I understand the feeling about ebenifits and to not trust what it says. This is a new issue I think bizarrely effected my claim. 1. 4/19/2019 I filed for an increase in current SC conditions.
ShrekTheTank
So the VA tries this crap all the time. And it may not be their fault, but they try to combine claims and it is likely someone was looking at yours and just combined it by accident. I would keep sha
bigoc
I would actually be ok with them combining these claims. The reason being is that it seems they went back to the earlier date. I just can not believe they did this as it seems it would have taken a
3 answers to this question
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