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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
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
Aquaria
Put in original claim Oct 2021 was granted sc for peripheral neuropathy May 2022 with no mention of SMC. May 2022 put in for SMC using decision letter for the neuropathy. July 2022 was awarded SMC based on the neuropathy. Put in for HLR for the effective date of the SMC as they only back dated it to my request not the condition that awarded it. HLR found duty to assist error and instead of just fixing the date they want me to do another C & P exam. I contested nothing from the initial award for sc for the neuropathy and only contested the smc effective date. To me, it seems like a witch hunt to try and reduce my benefits. In order not to have conflicting evidence I am considering skipping the exam as if they had enough information to award the smc in the 1st place there should be no reason for this exam....
Fyi I'm 100% P & T with SMC O because of the neuropathy....
Update 1:
Options told to me by Va hotline are as follows
1. Go to C&P exam
Roll of the dice could go either way
2. Skip C&P exam
VA proceeds without it
3. Withdrawal HLR
For go the back pay run no risk of a reduction
Update 2:
Not sure if it helps here's my SC's with effective dates
0% right ilio-inguinal nerve idiopathic small fiber neuropathy (10/2021)
0% left ilio-inguinal nerve idiopathic small fiber neuropathy (10/2021)
40% left upper extremity (dominant) idiopathic small fiber neuropathy (involving all radicular groups of nerves) (10/2021)
0% left external cutaneous nerve of thigh idiopathic small fiber neuropathy (10/2021)
0% right external cutaneous nerve idiopathic small fiber neuropathy (10/2021)
20% right anterior crural (femoral) and internal saphenous nerves idiopathic small fiber neuropathy (10/2021)
20% left anterior crural nerve (femoral) and internal saphenous nerves idiopathic small fiber neuropathy (10/2021)
40% left lower extremity idiopathic small fiber neuropathy involving multiple nerves (10/2021)
40% right lower extremity idiopathic small fiber neuropathy involving multiple nerves (10/2021)
0% left obturator nerve idiopathic small fiber neuropathy (10/2021)
0% Right obturator nerve idiopathic small fiber neuropathy (10/2021)
40% right upper extremity idiopathic small fiber neuropathy (involving all radicular groups of nerves) (10/2021)
40% chronic fatigue syndrome (10/2021)
100% posttraumatic stress disorder (PTSD) with major depressive disorder and somatic symptom disorder (7/2020)
40% fibromyalgia (claimed as painful swollen stiff joints in entire body) (7/2020)
50% migraine headaches (12/2019)
10% costochondritis (also claimed as Tietze's Syndrome and rib pain) (6/2007)
Link to the dbq for the C&P exam https://www.benefits.va.gov/compensation/docs/Peripheral_Nerves.pdf
Thank you for your help
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Mr cue 8 posts
broncovet 4 posts
Foxhound6 3 posts
ShrekTheTank 2 posts
Popular Days
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Popular Posts
ShrekTheTank
You laugh about this, but this can cause veterans to lose their benefits by not showing up. You can fight whatever you want too as that is your right and anyone who wants to fight it. I do a
Mr cue
I think the ? Is the poster apply for effective date. Why is a exam need for a condition just granted. They were granted the condition now even a year ago. What does this exam have to
Foxhound6
This. Call it what you will, a fight, skipping, dipping out, not going, whatever label is slapped on NOT ATTENDING an exam will be seen by the VA as a refusal. I fight the legitimacy of an exam once I
21 answers to this question
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