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100% P&T at 63 Years - Can I submit to have more disabilities service connected? 1 2
By DDS77,
- p&t
- service connection
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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 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
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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.
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Lemuel, -
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Question
USMC_VET
Yesterday was a great day. I have been working on these claims for awhile and this last year i really decided to do it right and spend the money and time necessary to win that last few claims i had been denied over the years.
I was checking my status on va.gov and ebenefits and noticed while va.gov showed it as "gathering evidence" still ebenefits under pending disabilities when you click "check pending claim" it had been listed as "preparation for decision". As a sidenote i realized that ebenefits had alot more steps in it (gathering -> prep for decision-> pending decision approval -> preparation for notification) while va.gov only goes form gathering to prep for decision, so ebenefits can help show in more detail where the claim is at. Anyways. i checked yesterday and it had moved back to gathering of evidence and i was bummed. This claim was started July 2019 and i had finally gotten my in person C&P's 2 weeks ago.
I decided to check the Letter section of ebenefits, as in the past that has been sometimes updated faster than everything else and low and behold it showed i had won so i checked "disabilities" again and it repopulated.
PTSD - I won my increase to 70% after multiple denials. since 2016 (wasnt continuously pursued since then unfortunately) i had made multiple attempts and after 2 denials in 2017, 2019 i decided to get a IMO again (which i first used in 2015 to fight a reduction). My C&P's were done by both VA & QTC in those past denials and after getting my Cfile i saw that the examiner didnt note down or check boxes on ALOT of the things i had talked to them about. for example i get panic attacks everday and take medication, they check the "less than once per week" box??? Anyways after TWO VES C&P's this year my IMO won out and i finally won this claim.
Shin splints - They kept me at 0% but im not going to appeal it now
Back - after multiple ER visits and therapy and increases in med doses they finally agreed that it was slightly worse
than the original 10% they gave me in 2011 and upped it to only 20%, but ill take it
I also had a IBS, GERD & Hemorrhoid claim that was deferred, im guessing until they can do more tests.
After this I am now 100% schedular, but they also gave me P&T! which was great!
I was impatient about waiting for the letter which was only sent on the 16th so i called the 1800 # and the VA person told me they couldnt send me a digital copy until its past 10 days but he could look at the letter and confirm questions i had and was able to confirm the % & P&T, which was cool.
Edited by USMC_VET70% - 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
Yesterday was a great day. I have been working on these claims for awhile and this last year i really decided to do it right and spend the money and time necessary to win that last few claims i had be
ShrekTheTank
Congrats!
Tbird
congratulations
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