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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
Ricky
I am preparing for my upcoming DRO hearing which I know will be followed by a BVA hearing. This is my opening argument for both. Any ideal or suggestions will be appreciated. Hopefully it will not be to harsh cause it only speaks of the truth and facts:
I am here today to blah, blah, blah...... and to present additional evidence and arguments in support of my appeal.
First I must bring up the fact that the rating decisions and SOC involved in this case are inadaquate. Title 38 US Code, Section ______, 38 CFR, Part _____ Section ______ and M21-R (I am looking for the numbers for these, I know they exist but don't have them on hand), provide in part that decisions issued by the VA must contain a Reason and Basis containing enough information and written in a language that such will allow a normal veteran to understand the reasons for the denial and allow him to properly to prepare an appeal to the denial. This has not been done in this claim. Neither the rating decision nor the SOC contained a properly prepared Reason and Basis. Neither contained any language that would explain to the veteran (me) why the evidence of record prepared by treating generalized and specialized physicans did not support the claimed disabilities; nor did either provide a conclusive or definite reason for the denial. Both contained generalized one sentence denials that was not supported by any evidence to support such an action. Therefore, this appeal has been processed by the veteran without a true knowledge of the reasons for denial and I would ask that as part of this hearing the VA provide me with such information.
The above will be used in both hearings. The following will be used only in the BVA hearing:
You will notice that in the submission of the perfected appeal, I provided several reasons for the appeal of each disability claimed. In my request of actions to be taken by the board you will notice that I asked for a specific rating percentage and that the board ajudicate the claim without remand to the RO. The reason I have requested this specific action to be taken is that any further action requested of the RO for this appeal will simply result in additional wasted time and money for the VA, the veteran and the U.S. taxpayers. The RO has shown by its past actions in this appeal its desire to continue to be apathetic in the processing of this claim. Their actions have spoken loud and clear as to their attitude towards this claim. As an example I provide: As you can see from the written correspondence provided to me by the RO, normal processing time for a NOD at this RO is 14-18 months depending on the complexity of the claim. It is assumed that this means a claim containing 1-4 issues would be processed within the 14 month timeframe and a more complex claim would require additional attention, therefore requiring the additional 4 months to process. As you review my claim you will discover that it contains 10 seperate issues, two of which center around neurological problems that stem from a disease that is not well understood by the medical community. However, the NOD on this claim was received in the mailroom at the RO in late August 2005. The RO issued a SOC denying all claimed disabilities in late January 2006. IT ONLY TOOK 5 MONTHS FROM MAILING TO RECEIPT OF THE SOC. 5 Months to process a 10 issue, medically complex appeal. That is amazing. Blah, Blah, Blah -
I will add more as I go along. I am not trying to be a smart a--- by doing this, I just feel that the board needs to realize that the actions of the RO were defecient and leads the veteran to believe it was due to simple apathy on their pare. Plus it is fact and not just some fiction I made. I still laugh every time I look at the SOC. It is a carbon copy of the rating decision and both do not provide any explanation as to why none of the evidence was considered probative etc........
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