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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
Carl the Engineer
All,
So, since I have had the VFW as my POA, for the VA, since my original claim, I figured, I would ask them for a little help. My thoughts were that most everything is local (regional) and that a service rep from my state of WI would have acquired supreme knowledge of Wisconsin claims. So, I emailed the person who I have been with since, again, my original claim 2 questions.
First, my email,
Xxxxx,
We do not maintain a list of doctors. You can ask your VA primary care physician for a referral if more convenient. If this does not work, you can take a VA disability questionnaire to a private doctor and submit as evidence for any claim/appeal.
We currently maintain your VA file. The Freedom of Information Act (FOIA) allows you to obtain your file by sending a written/signed request to the VA. The VA will send your files on a CD.
Kind regards, Xxxxxxxxxxx
The response tells me that the VSO's (this one anyway) are not helping Veterans in any effective way. If I was in a position to help disabled Veterans for an entire state, I would look at the successful claims and see what Doctors helped Veterans and who are willing fill out DBQ's, and give them out. Here is my breakdown,
"We do not maintain a list of doctors."- Well, that's just plain stupid and irresponsible. Any, slip and fall lawyer has a list of "go-to" doctors. I would actually have a database which would tell me that doctor A is 75% effective, B is 20% effective, and C is worthless, etc.
"You can ask your VA primary care physician for a referral if more convenient."- Really, so my VA PCP will refer me to a doc that will fill out a DBQ. I don't think so, but I am going to give it a try next time I see her. LOL.
"If this does not work, you can take a VA disability questionnaire to a private doctor and submit as evidence for any claim/appeal."- Good luck with that. Hence, you have access to at least a third of all VA claims in WI and you can't do your homework and supply me with a list. If private business worked this way we would all be in trouble. When I ran a parts store many moons ago, if a supplier would not get what I wanted, I found another, etc..
Then, on my second question, apparently, they have no more than I have in my c-file disc. And there is no correspondence from or to the VFW in my c-file, so my question I have asked before. My thoughts here are, in my many claims, not once did the VSO call me and say, hey, you could do better if you went this way instead, or, I see you filled for A, and then later filed for B, I think you also could file for C. Crickets......
I may write a letter to the VFW headquarters or OIC. I don't believe this response was adequate in any way.
What do the actually do,
Hamslice
I truly believe the government would go broke if the paid out everything they owed all the Veterans what they are due. I think the VSO's are just a cog in a big plan.
“There is no hook my friend. There's only what we do.” Doc Holiday
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I will only add that familiarity breeds complacency. VSOs are supposed to be veterans advocates but from my experience they advocate more for the VA or to discourage the veteran from filing claims an
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