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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
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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
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
USMC_VET
Reductions are something every SC veteran worries about. Its often a fear that keeps vets from seeking increases in disabilities that have worsened or appealing bad decisions.
I had my own scare a few years back when i filed for an increase, had a bad C&P on a disability and the VA sought to reduce me which freaked me out. I eventually beat them at their own game but i wanted to put out some information that are preventative measures to stop reductions from occuring or provide the evidence needed to fight them if the VA decides to push it. Unfortunately there is no silver bullet that makes a reduction ironclad, just as there is no ironclad approach to filing initial or increase claims that that VA cant argue with. Since rating is done by humans and humans are prone to fault and bias there is no guarantee with anything only higher or lower probabilities with getting claims granted and providing more armor for the appeals process.
1) Schedule regular checkups
I know alot of vets here dont have access to secondary care outside the VA whether its location or money. If you do have the money/insurance outside the VA to see a outside primary care/specialist or can access the VA's choice program to see non VA medical professionals take advantage of that. I am lucky that I have access to this through my employer so outside of my annual checkups/specialists at the VA i go to private doctors at least annually to document the state of my current conditions. I am honest with my doctors and ask them to make detailed notes of each condition i talk to them about and its current symptoms, etc because i need to provide the VA with documentation of my disabilities. It doesnt matter if my condition hasnt worsened i still talk to them or a specialist about it so that i have the documentation. If you dont have access to this make sure that when you do your VA checkups you specifically talk to them about all your disabilities as well, how its impacts you, pain severity, how often it bothers you, etc. If your VA provider DOESNT address something in your medical record make sure you send a secure message through myhealthevet so that it is recorded that you spoke to them about it.
2) Start a Diary
I would start a diary, preferrable on a word document or even better on the "activity journal" on myhealthevet and record symptoms, sick days, etc for ALL your disabilities and even things not SC that might in the future be something that is secondary to a SC condition. I prefer to keep these journals on a word doc, you dont have the write a novel just the big things like, "ran today, bad pain in shins after 10 minutes, 4/10 then 7/10 after i walked back home. took naproxen and stayed off for the rest of the day", "back pain after being at work for 2 hours, no relief with 800mg IBprufen and flexeril"
This diary especially when its updated on myhealthevet in a timely manner say every month or a couple times a year is great for establishing what symptoms you have been experiencing regularly day by day, week by week or month by month in between doctors visits. The VA likes to take one or two visits where you are stressed, rushed or dont want to be there and answer "fine" to "how are you doing" or "how has _____ disability been " and use that as a justification that you are showing "material improvement" in your condition. The main takeaway is NEVER approach a C&P or ANY VA MEDICAL VISIT as routine. You dont need to stress but always describe how X disability is doing as how it feels on the WORST day not on the best or how you are felling at that moment. That being said meticulous diary entries can help bolster your case you have not experienced material improvement. Regularly updating you myhealthevet journal also timestamps it to show this has been done regularly over months, years or even decades so that a rater cant just say you made it up on the spot, and you can point to that you ahve regularly updated this journal to show over X number of months, years or decades to show what its like with your disabilities on a daily basis.
3) Dont let Medications Lapse
Never let your medications with the VA lapse. If you need 3x daily naproxen and 1x daily muscle relaxant to deal with back pain and your med refills show a 6 month gap the VA can make the claim your condition has improved. The VA CANNOT reduce you if your symptoms improve with medication, but if you are not taking your medication it can be an indicator that you are getting better. I know i sometimes get private Rx's not throught he VA and have them lapsed so i document and keep records of those medications (the sheet they staple on the bag with the name, doseage, date, etc) so i can scan and upload as needed for C&P, claims, reductions, etc. the VA may not prescribe the Rx you want so i get why you would go elsewhere but send a message to your primary care stating that you have gotten a Rx through a private physician, ask to be prescribed it through the VA, if they refuse then keep screenshots of these discussions for reference as well so its documented.
4) IMO's are key
I know when i got hit with a reduction attempt by the VA my IMO saved me. 100%. no doubt. I had a terrible C&P for PTSD increase, they took me to a deserted wing of this old hospital and scanned me into what i think was the psych wing with no lights, was put in a dimly lit room where a psychologists was on a telecon line. It freaked me out and i wanted to leave, so i rushed the exam to get done. This was my fault, but it resulted in him saying my symptoms had gotten better. I started looking for help and came to HADIT. the best piece of advice i got was about IMO's so i found a psychiatrist who did a full workup and submitted a fantastic IMO. It was hard coming up with the money but $500 vs losing $600 a month was a no brainer. You dont need to get preemptive IMO's thats a waste of money but I would make sure, if possible, that you take a little money out every month and have $1500 in savings for an IMO if this ever happens to you.
70% - PTSD
->50% - OSA (Secondary to PTSD)
30% - Bilateral Pes Planus w/Plantar Fasciitis
30% - Migraines
10% - Tinnitus
20% - Back
0% - bilateral shin splints
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USMC_VET
Reductions are something every SC veteran worries about. Its often a fear that keeps vets from seeking increases in disabilities that have worsened or appealing bad decisions. I had my own scare
El Train
Same here bro. But I had the IMO in hand when I went into the C&P for a PTSD increase. Thought I would save her some time. She got pissed and did her damnedest to discredit my Psycs IMO. Excep
USMC_VET
Absolutely. The VA can and in many cases will ignore evidence at the RO level no matter how compelling. IMO's done by legitimate specialists are REALLY hard for them to ignore especially at the appe
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