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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
Berta
As you all know the VA claimed in documentation Dec 2006, that they never received my 2 IMos of Nov 2004 and also the Aug 2006 IMO.
I filed FTCA for 4500.00 bucks and will be able to constructively file suit in fed court anyday now-I cannot determine how VA figures out the 6 month filing criteria- which is up today-or within he next few dyas depending on what VA defines as "six months".
However-as you all know my POA claimed there had been a "lengthy" discussion with the DRO in 2005 over the IMOs of Nov 2004 with my POA rep at the VARO. (IMOs which VA never got-and which VA has never mentioned, rejected, acknowledged,or ever prepared an SOC on etc )The SOC after this discussion occurred stated nothing as to these IMOs only the VA crapola from their "expert".Which my Aug 2006 IMO totally knocked down.My POA has no documenation whatsoever on this DRO meeting with the DRO and their rep.But I believe it did certainly occur- I think-
Question: the big boss on my POA stated in letter to me in 2006 that :
"The earlier IMO (they mean the 2004 one) you obtained and submitted in support of your claim for service connected death of your husband was RECEIVED and REVIEWED by the VA ,which in response to the urging of the division,asked for a medical opinion of the report from medical staff at the Buffalo VAMC. That opinion was rendered by a medical personnel but unfortunately was not supportive of your postion." (My caps not theirs)
I never received anything whatsoever that shows this occurred.
If the VA never received the IMO of 2004 how could they render any opinion under BOD regs?
OK- I have combatted that -not worried there-
But this is what I dont get- am I nuts? opinions please-
This 2004 was received by the VA in Nov 2004 per USPS. The vet rep said he saw it in the c file himself prior to the DRO review and yet everything I have from the VA itself-indicates that it was not in the c file then or after he saw it there-
the POA is looking for their copy of this IMO now-( and yet I have already been informed they never had a copy-
and have no documentation even on the meeting between the DRO and rep let alone what actually was said about the 2004 IMO.)
Am I nuts? If the vet rep did ask for a medical opinion on the 'report' from the VA's medical staff, the VA would have to have the 'report' meaning the Nov 2004 IMO.
The VA would have to list it as evidence and state in the SOC the reasons and bases it was rejected.
The VA however stated in Dec 2006 they have Not received this 2004 IMO.Ever.
I believe that this IMO was never even discussed by the vet rep-wih the DRO as the documentation from VA shows.
I forgot my question-oh --
does it appear I got royally screwed by this vet rep?
I wont let this dog die-
Although it appears that the VA has violated my basic due process rights-
I think a state vet rep allowed that violation to occur.
Hell- if someone keeps taking evidence out of my c file and the VA-upon Dec 2006 inspection of the file says they never got it- certainly I will hold the word of the Veterans Administration over what a vet rep said they did in my regard that is not borne out by fact or documentation.
The VA at some point must consider all of my evidence-under 38 CFR 4.3 and 4.6.
I have supplied a preponderance and weighed down my side of the scale but none of it has been addressed at all so far.
Does it appear to anyone- as it appears to me- that my POA controlled the VA to get a negative VA medical opinion in 2005 without even acknowledging these 2 2004 IMos -yet the POA told me they discussed at "length" these IMOs with the DRO even though it is 38 CFR that controls the way probative and competent medical evidence will be considered.
As it still stands, the VA has 3 IMOs that support my claim- and one with support for and against the claim which Dr. BAsh stated was "medically inaccurate " and then stated why.
My POA has threatened me- in writing-twice or more that they will rescind my POA if I circumvent them and deal directly with VA-and if I continue to show leadership over my claim blah blah blah-
yet they themselves directed me in 2003 NOT to send them my evidence but to send it directly to the VA.
So the RO vet rep on my POA had to access my 2004 IMOs from my VA C file.I dont think he put them back prior to the DRO review.
I have absolutely nothing whatsoever to indicate that they were ever discussed or even seen by the DRO or anyone else at the VARO.
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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