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Does my combined rating evaluation 80% or 90% after VA grant for my insomnia?
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Mituna 2483,
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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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Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
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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
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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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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
Mituna 2483
Hi, I have a question about my combined rating evaluation. I filed disabilities compensation for my insomnia secondary to my tinnitus and my OSA/Obstructive Sleep Apnea secondary to my insomnia on July 31, 2020. VA approved my insomnia 50% assigned from July 31, 2020 but denied my OSA, so my rating disabilities is up from 70% to 80%, and the rating decision indicated:
20% from Jan 22, 1975 30% from Apr 23, 1979 60% from May 31, 2007 70% from Sep 21, 2019 80% from Jul 31, 2020
(got my left knee disability 20% in 1975, got my in tinnitus 10% in 1979, got my diabetes mellitus 20% in 2007, got my cataracts 30% as diabetic complication from 2007, got my voiding dysfunction 20% as related to my diabetes mellitus in 2019 and got insomnia 50% as secondary to my tinnitus in 2020)
The way I understand, VA should grant me the rating percentage from 70% to 90% instead of 80% because my insomnia was granted 50% on July 31, 2020. In the box of 70% on the Combined Rating Table, if I was granted 50% more; my combined rating would be 85%, therefore it must convert to be 90% as VA website for combing example:
Examples of Combining Two Disabilities
If a Veteran has a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability.
My question is I should receive the combined rating evaluation of 90% not 80%, correct?
Thank you.
Edited by Mituna 2483Link to comment
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pacmanx1
My apologies if I misunderstood your post but you wrote it kind of confusing. If I did understand it correctly you have a total of six(6) disabilities rated as 50%, 30%, 20%, 20%, 20% and 10%. If this
pacmanx1
Food for thought. Now with knowing all this have you considered filing a claim for depression a (Mental Health disorder)? I suffer from fibromyalgia (CHRONIC PAIN SYNDROME). It seems that I hurt
El Train
I use this rating calculator. You might find it helpful. https://www.hillandponton.com/va-disability-calculator/
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