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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”-
- 0 replies
Picked By
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
Picked By
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
awgv001
I thought this might interest you, for those of you familiar with my history of posts and claims questions.
Short note - this was the TBI eval I had done a few years ago - before I was denied in part for not having a "conclusive diagnosis" for TBI. --- Might this be why I never had a C&P ordered for me? Certain portions have been redacted for privacy, and to remove some "No" answers to shorten the read or when information doesn't contribute to the claim.
Thoughts???
4 How many serious OEF/OIF deployment related injuries have occurred?
One
6 Did you lose consciousness immediately after any of these experiences?
Yes, one episode
6-A If yes, estimate the duration of longest period of loss of consciousness.
Less than 6 hours
7 Did you have a period of disorientation or confusion immediately following the incident?
Yes, one episode
7-A If yes, estimate the duration of longest period of disorientation or
confusion.
Up to 1 month
8 Did you experience a period of memory loss immediately before or after the
incident?
Yes, one episode
8-A If yes, estimate the duration of longest period of memory loss (Post
Traumatic Amnesia (PTA)).
More than 3 months
10 Were you wearing a helmet at the time of most serious injury?
No
11 Were you evacuated from theatre?
No
12 Prior to this evaluation, had you received any professional treatment
(including medications) for your deployment related TBI symptoms?
No (Work in progress to correct this)
13 Since the time of your deployment related injury/injuries, has anyone told
you that you were acting differently?
Yes
Symptoms
16. Please rate the following symptoms with regard to how they have
affected
you over the last 30 days. Use the following scale (Neurobehavioral Symptom
Inventory):
None 0 - Rarely if ever present not a problem at all.
Mild 1 - Occasionally present but it does not disrupt activities, I can
usually
continue what I am doing; does not really concern me.
Moderate 2 - Often present, occasionally disrupts my activities; I can
usually
continue what I am doing with some effort; I am somewhat concerned.
Severe 3 - Frequently present and disrupts activities; I can only do
things
that are fairly simple or take little effort; I feel like I need help.
Very Severe 4 - Almost always present and I have been unable to perform
at
work, school, or home due to this problem; I probably cannot function without
help.
16-A Feeling dizzy: None
16-B Loss of balance: None
16-C Poor coordination, clumsy: None
16-D Headaches: Very Severe
16-E Nausea: Mild
16-F Vision problems, blurring, trouble seeing: Very Severe
16-G Sensitivity to light: Severe
16-H Hearing difficulty: Severe
16-I Sensitivity to noise: Mild
16-J Numbness or tingling in parts of my body: Severe
16-K Change in ability to taste and/or smell: None
16-L Loss of appetite or increase appetite: None
16-M Poor concentration, can't pay attention: Very Severe
16-N Forgetfulness, can't remember things: Very Severe
16-O Difficulty making decisions: Moderate
16-P Slowed thinking, difficulty getting organized, can't finish things:
Severe
16-Q Fatigue, loss of energy, getting tired easily: Moderate
16-R Difficulty falling or staying asleep: Very Severe
16-S Feeling anxious or tense: Very Severe
16-T Feeling depressed or sad: Severe
16-U Irritability, easily annoyed: Very Severe
16-V Poor frustration tolerance, feeling easily overwhelmed by things:
Very
Severe
17 Overall, in the last 30 days how much did these difficulties (symptoms)
interfere with your life?
Extremely
17-A In what areas of your life are you having difficulties because of these
symptoms?
work relationships, difficulty remembering tasks and many daily events
18 In the last 30 days, have you had any problems with pain?
Yes
18-A Location of pain: (Check all that apply)
Head/headaches
18-B In the last 30 days, how much did pain interfere with your life?
Extremely
18-C In what areas of your life are you having difficulties because of pain?
headaches that are incapacitating twice per week
19 Since the time of your deployment related injury/injuries, are your overall
symptoms:
Worse
20 Additional history of present illness, social history, functional history,
patient goals, and other relevant information.
---REDACTED---Notes that the back pain and headaches cause him difficulty at work. Has to stop and rest that
causes him trouble at work.
21 Current medications:
---REDACTED--- Total of 5
22 Physical Examination:
---REDACTED--- Straight leg raise positive
on the right with radiation ot the knee, and positive for pain in the left
without radiation. Negative SI maneuvers on the left but positive on the right.
Notes pins and needles in the feet bilaterally.
23 Psychiatric Symptoms:
Yes
23-A If yes or suspected/probable, symptoms of which disorders?
Depression
PTSD
Anxiety disorder (other than PTSD)
24 SCI: (Is this "Spinal Cord Injury"?)
No
25 Amputation:
None
26 Other significant medical conditions/problems:
Yes
27 Based on the history of the injury and the course of clinical symptoms, did
the Veteran sustain a TBI during OEF/OIF deployment?
Yes
28 In your clinical judgment the current clinical symptom presentation is most
consistent with:
A combination of OEF/OIF deployment related TBI and Behavioral Health
condition(s)
I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice.
You're never out of the fight.
Semper Fidelis
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El Train
I read through this a lot before applying. Hopefully it helps, if you haven't already found this. http://www.militarydisabilitymadeeasy.com/tbi.html Also, my three C&P examinations for
blahsaysme2u
any updates my friend?
Oceanbound
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