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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
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
Grilla79
I filed for PTSD 4 weeks ago. I had a poorly done (by examiner) virtual PTSD C&P yesterday by QTC. Video chat wouldn't work so Doc opted for voice only. He asked less than 20 questions, almost half were demographics. Place of birth, parents, siblings, service dates. Every time I answered there were long pauses of silence, up to two minutes (I started timing them). Most questions were yes no or short answers. Do you have nightmares? How often. Do you get angry easily? Break things? Write-ups or reprimands at work? I was diagnosed at the DC VA in 2018, went there for therapy for over a year, then started seeing the psych at a CBOC and counselling at a vet center much closer to home. I probably pissed him off since after about 40 minutes I said "all this information is in my VA files - don't you get those records?" He did not answer. The exam was scheduled for an hour. 57 minutes into it the doc said abruptly and rapidly "okay, that' all I need, thank you for your service" and disconnected. Clearly he had another chat in 3 minutes.
Question is do I notify QYC or VA now, or wait until decision. then file NOD/appeal, etc. For what its worth, I've been through the process several times with other issues. I've done NODs, appeals, re-evaluations for multiple conditions, (one appeal still pending) and been about 75% successful. As for this claim - I'm sure a lot of vets think the Doctors are incompetent, etc., but I was a psychiatric nurse for 7 years in my civilian career ( 7 years active duty , 13 years ANG) so i an confident that this guy was just running a checklist. There's no way he could hit all the items, not even most the items, so undoubtedly some of the information in his report will be falsified.
thank you
forgot pertinent info
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broncovet
Hill and Ponton (law firm) suggests this with a bad c and p: https://www.hillandponton.com/bad-medicine-va-cp-exams/ Jim Strickland says wait for the denial: https://statesidelegal.org/
wood78221
This isnt shocking. Something similar happened to me earlier this year. I filed for an increase, had an idiot for an examiner, didnt even write in the report half of what I said...got reduced from 50
14 answers to this question
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