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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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RichardZ, -
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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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Question
Capt.
Hello and yes I am new to this board so try and be patient with me. I have tried to pull up the link to the subject about getting a doctor to write an opinion or nexus. I have the link in another post but when I pull it up it will not open. the link is http://www.vehu.med.va.gov/v5hu/vehu2005/p.r-%20finalA.pdf . I have been fighting peripheral neuropathy for about 7 or 8 yrs and have been tested since 02 with diagnosis in 04 and 06. It is pointing to chemical contamination and I was at Fort Greely in 71-73. I have filed the claim with DAV in Feb but I am so far down the road with it that I can't rush the system to help me. I have tried to get the va neurologist to give me an opinion. I even supplied him with some evidence showing the results of contamination of the post with chemicals,,,nuclear reactor with discharging problems, agent orange contamination at sights monitored, testing of vx, sarin, nerve agents, biological weapons, lead , abestos, arsenic, and many more that cause neuropathy. I even sent him my personal doctors nexus after he reviewed all the evidence and said in his letter that "it is more likely than not that my disease is coming from the chemicals" . The Va neurologist who in his medical report, wanted to know the cause of the neuropathy. I only recently this year and have gotten all the documents concerning the contamination evidence. He said that after he reviewed this evidence it was "very compelling" but it could have come from anywhere and he was not my "primary health care doctor". He said I had to talk to him to see if he will sign an opinion. That is tomorrow and I am bringing some of the documents and will ask him to for this. I know they are "schooled" by the va not to fill out nexus that could help the vet. However I read on a post that they must if asked, to fill out opinion by law. How do you make them do this? I am going to see another neurologist this next week and try to get his opinion after he examines me an looks at the 3 emg reports from the VA and their opinions and of course my documents showing the chemicals there. I am in so much pain now that I cannot sleep and it is starting to effect my motor functions. I am taking ambian for that and the VA has been uping my dosage for the neurontin but it does not work. I am hoping to get another opinion to file with my claim as the VA is just not cooperating. I am depressed and have seen my doctor and the social worker because I can' t sleep from the pain and am having motor function problems.I am going thru depression and have told my DAV rep to file a claim for this too. Does anyone have any knowledge or can help with info about getting doctors with va to write opinions and nexus. Also what kind of battle am I in for? I am probably going to hire one of two lawyers I have talked to that I can hire after June 20,2007 (New law goes into effect)for representing me if they deny my initial and when the NOD is filed. That is assuming they deny me. Sorry for the long post but if I could show my VA doctor that he has to by law fill out an opinion then I would like that before tomorrows meeting with him. Thank you for all the good post and info. CC
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