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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
JustGettingStarted
VA has removed all the DBQs from their website with this statement at the end of the page: "VBA has discontinued the use of public facing Disability Benefits Questionnaires (DBQs). Originally, public facing DBQs were designed to assist Veterans living overseas to obtain medical evidence in support of their benefit claims where limited options were available. Today, VA works with contracted providers in more than 30 foreign countries to conduct disability medical examinations."
I monitor a Veteran's facebook page and often refer veterans to the DBQs for their conditions. In some cases, it is to download and have their doctor fill out a copy; in others, it is so a veteran can fill out the DBQ and take it to their C&P exam to make sure all the facts essential to their claim are covered by the examiner. I had my dermatologist do a DBQ for me after fighting the VA for almost 2 years for an increase because the VA examiners couldn't complete a simple form. It was the key to getting an increase from 0 to 60% for a skin condition and winning a CUE to get 8 years in back pay.
This is an affront to the veteran community making it much more difficult for veterans to win their claims.
I am wondering if the DBQs can be requested under FOIA and posted on some other pages such as here on Hadit. I know it is more work for the admins, but if someone had the time to take this on and provide this vital information to veterans, it would be extremely helpful.
Also, if you could start a new thread just for DBQs, I have blank copies in PDF format that I would be glad to upload. I figure even if they become a bit outdated, they would be better than have zero access to this information.
https://www.benefits.va.gov/compensation/dbq_disabilityexams.asp
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bellrungboxer
https://web.archive.org/web/20190807143131/https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp https://webcache.googleusercontent.com/search?q=cache:ak9H2qtr7QYJ:https://www.benefi
JustGettingStarted
So it still looks like the forms are still online, but VA has just made it harder to find them. Thanks for the great links provided here. I saved some to a file and added to the Files in the FB page
vetquest
I agree with Vync. We need to raise hell about this and prevent the VA from making things harder for vets. They claim to be doing this formerly due to veterans outside of the states, I believe them
47 answers to this question
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