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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”-
- 0 replies
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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
Berta
I have posted this info here many times but it I almost impossible to find under a search-
If you get a bogus C & P exam, you can request a better exam.
By "Bogus" I mean:
Was the examiner, when you googled their name, not qualified to do the type of exam you got?
For example a male vet here with a leg disability- maybe PAD, got a negative C & P exam done by a Gynecologist.
A few years ago I got a C & P exam ,I think regarding my husband's HBP. and the examiner stated it was an "in person" exam. By then my husband had been dead for over 20 years. The issue was resolved under CUE, because of other evidence.Claim denied, three weeks later awarded.
Also, if the examiner did not have your records ( I got a C & P exam thrown out due to that crap) or if the examiner had your records but obviously did not take the time to read them properly, you can request a better exam pointing out their errors ad what the examiner overlooked.
Another C & P result I got long ago, had the name of the doctor in the decision ( they dont put there names in decisions anymore) and after I called the doctor, both he and I realised the most important evidence I had , was deliberately withheld from him-- an autopsy.-That caused a denial of my 1151 DIC claim.
Within a short period of time I received a FTCA award for wrngful death and sent it to my VARO and the y denied again by refusing this time to consider the info from the General COunsel.I made a quick hone call to the OGC, and then received a copy of a letter the OGC sent to the VARO prdering them to award the 1151 claim. The award came soon there after.
The Regional COunsel of the VA wanted to settle with me a few months after getting my SF 95 under FTCA. He had received a VA Peer Review that suported all of my charges.The RC, the reviewer, and even the Peer review disappeared from the VA and I had to start all over again with the OGC in DC.
I had so much evidence od malpractice by then, that I didnt need that positive VA review, but it's disappearance caused my FTCA case to take about 2 years longer.
I found the "non existent " per OLMA ( VA Office of egal and Medical)6 page review ----at the very bottom of my C file years later and I used it in 2010 for my AO IHD death claim.
The only C & P examiner I ever needed an IMO for was an Endocrinologist. It was a diabetes claim, so she was the right type of opiner to use.
But I sent Dr Bash (my IMO doctor) the medical errors she had made in two separate opinions on my diabetes death claim, and he stated in one of the IMOs how her opinion was medically "inaccurate." ( I would have used the word ridiculous-maybe I did on appeal, as it was ridiculous as well as medically inaccurate)
If you feel you have a strong basis to request a new C & P exam,you should try to do that without even waiting for a denial that you might well need to expect.
The C & P exam controls the outcome of most of our claims.
1.VES Phone 1-877-637-8387; https://www.vesservices.com/?page_id=37
Veterans Evaluation Services
PO Box 924089
Houston, Texas 77292
2.LHI Logistics Health, Inc.
328 Front Street- South
La Crosse, Wi 54601
https://logisticshealth.com/our-company.aspx
mailto:information@logisticshealth.com
3.QTC Quality ,Timeliness, Customer Ser
Contact info here:
https://www.qtcm.com/about-us/contact-us/
4. White House Veterans Hot Line:
855-948-2311-if that number is still in service
Some Veterans here have taking steps to get a new and proper C & P exam.I hope they chime in.
A bad C & P exam will force a denial and many exams can be corrected by taking swift steps.
As a widow of a SC vet ,every single posthumous C & P exam the VA ever did was Wrong medically.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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El Train
Good advice Berta. I filed a formal complaint about a C&P examiners exam to the VARO head person. Within a few months, I had a two extra C&P exams for the same condition. They dismissed the
Berta
I have posted this info here many times but it I almost impossible to find under a search- If you get a bogus C & P exam, you can request a better exam. By "Bogus" I mean: Was the e
GBArmy
Good job by you, El Train. I agree, you go further (most of the time) if you keep your mouth shut. Just give the examiner enough rope and if they do you wrong, itemize in your formal complaint why you
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