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pacmanx1

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Hey, I am really no one here but felt a need to suggest one more time that all posters try to understand that we are here to try to help.  We don't have a magic crystal ball we can look in, we are going by our experiences and our understandings.  It has been said over and over again not to rely on ebenefits and or VA.gov. The clerks who update these sites are not adjudicators/rating specialists.  They are there just to post updates and we all know that they can be confusing.  Once a decision is made the veteran will get a rating decision soon after. Positive or negative the rating decision will explain what VA did or didn't do. Thanks to everyone these post are a great help and really we don't know how one post could help another person out. It is very said but keep up the fight. We are all in the same boat. 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Pete992, you and Many others here are a Very valuable part of of this site, willing to take your time to help others, and it is often not easy at all.....

Your " crystal ball" reference is so true, because we often do not get enough info to even begin to try to tackle many of the questions here about VA decisions, or what the next step for the claimant should be.

A widow joined here years ago , denied for DIC, and  did not tell us why she was denied ,( of when) and never came back and then she went to the VBN site to complain that I had asked her too many questions, because I don't have a crystal ball.

Of course no one at VBN could help her .They didn't even know what questions to ask her.

They were the same questions any good vet rep, VSO, or claims lawyer would ask.

One of the most important facets of this site is that vets or widow/widowers can scan and attach a redacted VA decision  here.

When a poster tells us what the VA "said", or scans, as happened here recently, 2 sentences of a VA denial, with no other info , we cannot really help them at all,

because we lack "crystal balls."

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Just to add to what Pete said, we should also be aware that not only we are answering a particular veteran's question, but many, many others search here to see if there has been comments posted on their  own similar situation. So we really are trying to help answer the current question, but it can be of benefit to many others at the same time, or, even in the future. You don't have to be an expert; no one here is a "professional." But we all have the same motivation, just to help others. It is based on our experiences and what we have learned. The beauty of it is that there is an awful lot of experiences that vary some what and that can offer a different way to attack an individual's problem. And, if someone happens to make a post that isn't accurate or things have changes, someone else jumps on to politely  correct the record. I learn from others every day; if you don't learn here, man, you just ain't trying.

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I agree.   When you ask a question, you need provide specifics..if you want a specific answer.  Berta often suggests covering their name and posting the VARO "reasons for denial".  Its a great idea.  It saves time "speculating" on a reasons for denial.  

This said, VA is not always upfront on the reasons for denial.  Most "legitimate" VA denials are because one or more Caluza elements are missing.  But I have never read a single denial where the decision stated, "there was no nexus", even when that was the real reason for denial.  

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  • HadIt.com Elder

I think you do a great job posting and helping these veterans pete!!!

I have to admit I don't post as much as I use too  just get burned out some times  and I get frustrated on some post    I need to have more patients I guess.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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It's the community that makes HadIt.com successful.

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

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I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

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  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      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
    • Do the sct codes help or hurt my disability rating 
    • 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.   
    • 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

       
    • 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. 
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