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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
Berta
Eastern District of PennsylvaniaFOR IMMEDIATE RELEASE
Wednesday, September 8, 2021
"Bucks County Man Sentenced to Over Three Years for Faking Military Hero Status and Stealing from the Government
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Richard Meleski, 58, of Chalfont, PA, was sentenced to three years and four months in prison, three years of supervised release, and ordered to pay $302,121 in restitution for a particularly disgraceful fraud scheme to steal Veterans Administration (VA) benefits by pretending to be a veteran who had been captured by the enemy during combat.
In July 2020, the defendant pleaded guilty to one count of healthcare fraud, two counts of mail fraud, one count of stolen valor, two counts of fraudulent military papers, as well as two counts of aiding and abetting straw purchases, and one count of making false statements in connection with receiving Social Security Administration disability benefits.
The charges stemmed from Meleski fraudulently claiming to have served as an elite Navy SEAL and falsely representing that he had been a Prisoner of War in order to secure healthcare benefits from the VA worth over $300,000. Due to his false representation as a Prisoner of War, the defendant received healthcare from the VA in Priority Group 3, effectively receiving healthcare before other deserving military service members. In reality, Meleski never served one day in the United States military.
The defendant also filed for monetary compensation from the VA for PTSD suffered during an armed conflict in Beirut in which he rescued injured teammates. In his application for disability benefits for PTSD, Meleski falsely represented that he had been awarded the Silver Star for his heroic actions during his time as a Navy SEAL. Again, Meleski never served a single day in the United States military and was never awarded such commendation. Meleski also submitted another application to the VA for monetary compensation in which he included obituaries of actual Navy SEALs alongside whom he falsely said he had served. He traded on the actions of these true service members in an attempt to bolster his application for monetary benefits.
The defendant also filed for disability benefits from The United States Social Security Administration (SSA) for injuries he claimed to have received during his time in the military. Meleski falsely testified under oath in connection with an SSA Disability proceeding.
“The defendant faked a record as a decorated U.S. Navy SEAL in order to collect numerous forms of taxpayer-funded compensation,” said Acting U.S. Attorney Williams. “The fact that Meleski chose to put himself ahead of true war heroes in order to take advantage of benefits designed specifically for those serving in the U.S. military is profoundly offensive. Our veterans fought for the freedoms we hold dear, and as we approach the twentieth anniversary of the attacks of 9/11 this Saturday, their sacrifices are even more meaningful. The defendant’s actions dishonor all of their legacies.”
“We are grateful to our federal partners for their work in pursuing and prosecuting those who impersonate our nation’s hero’s and unlawfully obtain benefits meant for those who served,” said RADM Karen Flaherty-Oxler (RET), Medical Center Director for the Corporal Michael J. Crescenz (Philadelphia) VA Medical Center. “It is disheartening to see someone who benefited from the service of our Veterans, dishonor them in this manner. Nonetheless, our day-to-day mission of caring for our Veterans continues uninterrupted and with the same vigor and commitment.”
“Today’s sentence sends a clear message that those who benefit from falsely claiming to have served in the United States military will be held accountable,” said Special Agent in Charge Christopher Algieri, Department of Veterans Affairs Office of Inspector General, Northeast Field Office. “The VA OIG appreciates the support of the United States Attorney’s Office and our law enforcement partners in securing justice for our nation’s true heroes.”
“This defendant defrauded the government in many different ways for several years,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “The outcome of this investigation is the result of several law enforcement agencies working together for a common goal – to keep our communities safe from criminals like Meleski. I want to thank our law enforcement partners at the VA OIG, SSA OIG and the U.S Attorney’s Office for this successful prosecution.”
The case was investigated by Department of Veterans Affairs Office of the Inspector General, Social Security Administration Office of the Inspector General, and the Bureau of Alcohol, Tobacco and Firearms, and it is being prosecuted by Special Assistant United States Attorney Megan Curran."
Bucks County Man Sentenced to Over Three Years for Faking Military Hero Status and Stealing from the Government | USAO-EDPA | Department of Justice
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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brokensoldier244th
No, more like, we verified it about 17 times to make sure it was a valid claim, it wasn't, so it was denied, meaning that disability benefits DIDNT go to him when they weren't deserved. Veterans
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