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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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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 rating
Picked 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.
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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.
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Lemuel, -
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Question
LarryJ
First of all, let me start out by saying that I have no idea whether this is posted in the correct topic, so, if necessary, move it or remove it.
I get a letter a couple weeks ago, an appointment at the VAMC in Dallas. It just says it's for a C&P.
Well, I figure that it's for my latest claim that I turned in a couple months ago about my knee and hip, but, I'm not really sure so I called up the VAMC and asked them. The dude says, "yup, it's for your knee".
So, I figure, hey, they got their mojo working and got something right..............kewl!
So, I show up today for my "knee C&P", right?
WRONG!
First, just let me say that this Ahole was a reall Ahole. He sticks his head out the door to the waiting room, BELLOWS my last name out, turns around and disappears before I even get a chance to get out of my seat......and I had to try to run to catch up with him as he disappears into some exam room down this hallway. I get in the room, he doesn't say anything, just looks at me.....then, after a couple of minutes of this, he tells me to take my boot off........then grabs my foot and proceeds to twist it.........and says "I bet that hurts, doesn't it".........and that is the extent of my C&P for my claim for my ankle that has been going on now for 3 1/2 years.
The following is the remand from the BVA to the RO in Waco via the AMC:
REMAND
The Board finds that a medical opinion is necessary to make a
decision on the claim. See 38 U.S.C.A. § 5103A(d)(2) (West
2002); 38 C.F.R. § 3.159©(4)(i) (2005). Specifically, the
veteran has a current left ankle disability, there is
evidence establishing an event in service involving the left
ankle, an indication that the disability may be associated
with the veteran's service, but insufficient competent
medical evidence on file for the Secretary to make a decision
on the claim. Id.; see also McLendon v. Nicholson, No. 04-
0185 (U.S. Vet. App. June 5, 2006).
Accordingly, the case is REMANDED for the following action:
1. Please send the veteran a corrective
VCAA notice under 38 U.S.C.A. § 5103(a)
and 38 C.F.R. § 3.159(
, that includes
an explanation as to the information or
evidence needed to establish a disability
rating and effective date for the claim
on appeal, as outlined by the Court in
Dingess/Hartman v. Nicholson, 19 Vet.
App. 473 (2006).
If there are outstanding records (such as
Social Security Administration records),
where the medical records are not those
that are already in the claims file
(medical records from Bill Jones, D.O.,
dated December 2003 through December
2004), the veteran should inform VA of
such records so that it may assist him in
obtaining the records.
2. Have a VA physician review the
veteran's claims file, including the
service medical records (which are in a
manila envelope) and provide an opinion
as to the following question:
The veteran has admitted that he
fractured his left ankle prior to service
and was in a cast for approximately five
to six weeks. He was seen in June 1964
with complaints of severe pain and the
inability to perform. X-rays taken of
the left ankle at that time showed
evidence of an old healed fracture of the
medial malleolus of the left ankle with
some loose bodies in the joint space on
the lateral aspect of the ankle. Was the
left ankle condition aggravated beyond
the natural progress during the veteran's
period of service?
A rationale for the opinion should be
included in the examination report, which
includes upon what evidence in the claims
file the opinion is based and involves
any other supportive reasoning.
Anybody see anything in that remand that requires the C&P?
I am P*SSED!
P$SSED P$SSED P$SSED!
If for no other reason that the fact that I was treated like crap.
I KNOW that I'm going to get a lousy report from this guy. I don't even know his name. He never introduced himself. He had no name tag on, not card badge, nothing on his lab coat, just a plain white lab coat. I don't even know if he WAS a doctor.
I've provided the VA with two IMO's favorable. Do you think that they will outweigh this schmuck's report?
"It is cold and we have no blankets.
The little children are freezing to death.
My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.
I want to have time to look for my children and see how many of them I can find.
Maybe I shall find them among the dead.
Hear me, my chiefs! I am tired; my heart is sick and sad.
From where the sun now stands, I will fight no more forever."
Chief Joseph
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