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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
mandyp
Hello, I am curious how I should proceed and I will give a little background to my claim....
I was given a Chapter 12 in 1999 for what they called "failure to adapt". Before this I had broken my hip in training and was on crutches for several months ( almost 1yr) I had became very depressed that resulted in me overdossing on my meds and falling down 3 flights of Barracks stairs. I was then rushed to a nearby hospital by ambulance where I was medicated and treated for the depression. 1 week later I return to post from the hospital and they finalized out-processing and in 2weeks I was out of the Army and still on crutches. At the time I did not realize it was a civilian hospital and that I needed to get the medical records myself (I was barely 19yrs old just a dumb kid) flash forward 20 years and I am just now finding out the VA didn't use any of this information because what they told me at the time I filed in 2000 was they "lost all my medical records" so I believed that meant ALL records. So now I try to obtain these myself and the hospital states they PURGED all medical records and now I have no way to prove I was there or my claim. I thought for sure if I could get the civilian records it would show proof but now I am being told those records no longer exist, does this mean I have no more claim to fight for? I also noticed the VA didn't request my records from the correct duty station when they processed my original claim they requested records from Ft Hood Tx but the incident occurred in Ft Lee Virginia and it is noted in my original claim that I had records in Ft Lee. As proof by the "medical information release statement" I signed giving them permission to get these records back in 1999. And the only reason I noticed this was because in my original C&P exam the Dr mentioned they had my records from Ft. Hood but nothing about Ft Lee. I went ahead and requested a copy of my records from the archives and am waiting for those now. Hopefully there will be some type of record from Ft Lee in there. I also have scheduled an appointment to see my c-file as well so I can verify if they used my records from Ft Lee or not and then I can go from there. I am just at a loss on what I should do because they screwed me when they Chaptered me out rather than for medical because of my hip which was the ORIGINAL discharge they were gonna do but they kept telling me when I got to Texas to go to Ft Hood and they would take care of me except when I did get to Ft Hood they told me I had to go to the VA and that is how I got to where I am. I started with 10% for hip 20 years and now I am at 50% (combined rating) The only reason I was able to get service connection for my hip is because I had copies of Dr excuses, profiles, and xray notes where he requested a bone scan that of coarse was never done due to me being discharged. But VA has denied PTSD, and in their words "any mental health disability" so they refuse to acknowledge anything for mental health. I am at a loss because the records from the civilian hospital were my proof and it has been PURGED....i am looking for ANY advise....thanks in advance
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Dustoff1970
I did not read your whole post but if you have not then find an experienced accredited VSO such as DAV, VFW, Legion, etc located at nearest VA regional office and they can be big help to you in findin
vetquest
I second that about IMO's. I had two IMO's in my last BVA award that refuted bad C&P's.
12 answers to this question
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