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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
broncovet
Here is my plan for Vets to get a favorable nexus: (I suggest you do these in the order listed)
1. First get your medical file and see if you already have one! You might and not know it!! Look for a doc opinion that says your (diagnosis) is "at least as likely as not" due to an event in service. Dont spend the money on an IMO, if you dont need it. CAUTION: YOU NEED AN IN SERVICE EVENT. The IMO doc can not fix that. (This does not apply for secondary conditions. If you need an imo for secondary conditions you need not have an in service event, but you do need a "SC condition" that the doc thinks caused your secondary condition Example: PTSD (SC) for Vets seeking sleep apnea. Many docs feel there is a link between PTSD and OSA.
2. Ask your VA doctor if he thinks (your diagnosis) is related to (an event in miliatary service, or aggravation). If he says, "Yes", then ask him to please document that in your medical records. If he says "No", then you may need a more "Veteran friendly" VA doc. You "may" be able to find such a doc by going to your VAMC waiting room, and simply ask (other Vets being treated for your condition) if they like their doc, and, if so, what is the docs name. Then, try to get that doc by asking for a change of provider.
3. If you are unable to get either 1 or 2 to work, then you probably need an IMO/IME. Here are a few ways I found to get help paying for an IMO/IME:
a. Ask the doc. Tell him you need (these benefits) and ask if he could wait until after you get your retro to pay for the IMO/IME. Dr. Bash used to do that, and so have others, probably Dr. Anise, who is a Vets attorney and md. Both of these will probably know what it takes to win your benefits after they read your file.
b. If you have been denied (especially a denial at the BVA), then you can seek an attorney who would be willing to "up front" the costs of an IMO. This attorney would need to "beleive" in you/your case. It happened for me. I got a denial at the BVA, hired an attorney who got a remand. Then, my attorney "up fronted" the cost of an IMO, and, bingo, I won benefits. You may have discuss this with more than one attorney to find one that believes in you ENOUGH to up front the cost of an IMO/IME. HINT: Some IMO providers offer their services "on a delayed payment" to attorney's clients, because the attorney pretty much knows the Vet will eventually win with a great IMO.
c. If all else fails put the IMO on a credit card, or ask a family member for help.
These are not "theories". I have won benefits with these:
1. My VA doc provided me with a nexus because he was Vet friendly and I asked him.
2. For another condtion, my attorney "up fronted" me the cost of the IMO.
3. Lastly, I put a THIRD IMO cost on my credit card. Fortunately it was only 600 and he (the IMO provider) let me make "2" credit card payments of 300 each. This claim is still pending at the BVA, so I wont know if this "actually worked" or not, but many many Vets have won benefits with an IMO, regardless of how its paid for.
Edited by broncovetLink to comment
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El Train
Great info. My VA health care team wanted nothing to do with helping me get service connected. Down played all my symptoms. Blamed stress, old age, diet; the list went on. Shaking their head; 'it's
awgv001
Here's what I do. Print these two pages I have attached to this message - take it to your VA Doc's, especially any specialists you see. They have a right to refuse in procuring a Nexus, however, if th
Vync
@awgv001 Yeah, that nexus template is very promising, but it is focused on direct SC, not secondary. I recently asked a non-VA specialist for a nexus and provided a rough draft based on that lett
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