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Possible Grounds For A Class Action Law Suit
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Guest SSG-Rich,
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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
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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
Guest SSG-Rich
When I became 100% T&P I was told that the VA would take care of all of my health care.
Well, I have finally gotten the SSA to agree that I am disabled and have been granted SSD.
Then I get a notice that I will have to pay $78/month premium for Part B+deductibles+co-pays.
If the VA is responsible for providing me with complete healthcare, why should I have to pay a monthly premium for Medicare? Doesn't that represent an unfair tax burden on disabled veterans? And, if I seek treatment outside the VA and have to pay deductibles, and co-pays and a claim is filed with Medicare, doesn't that just transfer costs that are the VA's responsibility thus hidding the true costs of caring for disabled veterans?
Could we possibly have a smart lawyer out there that could find a way to get a class action lawsuit started to at least force the VA to cover the Medicare Premiums, Deductibles and Co-pays for 100% T&P Veterans?
I am already on a fixed income and for Medicare to tell me that in order to continue my Part B coverage, my premium for 2006 is going up to over $80 is like a slap in the face.
I contacted Medicare and my Senator and was infromed that Part B was "not-required" but I was also informed that I should keep it because if I don't it would be even more expensive to add it later on.
Why can't the VA just issue Fee-Basis cards to all totally disabled veterans (100% T&P) who also recieve SSD and let them get their healthcare where they want. It would free up scarce VA facilities to treat those others who wouldn't qualify and would put the costs into the budget that is supposed to cover us.
Either that or they could pay my premiums, deductibles and co-pays and let Medicare cover the rest and that would free up scarce VA funds by transfering costs to Medicare.
Either way, I don't feel that 100% T&P veterans who are also recieving SSD should be have to worry about Medicare costs. We earned our right to free medical care and this is a violation of that right.
I await any responses to this, especially from lawyers!
SSG Ed Richardson
US ARMY Disabled Veteran
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