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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 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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Question
free_spirit_etc
Well - my tax dollars are hard at work keeping people busy.
I called the VA to report my husband's death - and they said that the payment for Feb (the month of his death) will have to be returned. I asked "isn't that payable to the spouse? THey said NO.
I was going by this:
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5310. Payment of benefits for month of death
(a) If, in accordance with the provisions of section 5110(d) of this
title, a surviving spouse is entitled to death benefits under chapter
11, 13, or 15 of this title for the month in which a veteran's death
occurs, the amount of such death benefits for that month shall be not
less than the amount of benefits the veteran would have received under
chapter 11 or 15 of this title for that month but for the death of the
veteran.
(
(1) If the surviving spouse of a veteran who was in receipt of
compensation or pension at the time of death is not entitled to death
benefits under chapter 11, 13, or 15 of this title for the month in
which the veteran's death occurs, that surviving spouse shall be
entitled to a benefit for that month in the amount of benefits the
veteran would have received under chapter 11 or 15 of this title for
that month but for the death of the veteran.
(2) If (notwithstanding section 5112(
(1) of this title) a check or
other payment is issued to, and in the name of, the deceased veteran as
a benefit payment under chapter 11 or 15 of this title for the month in
which death occurs, that check or other payment (A) shall be treated for
all purposes as being payable to the surviving spouse, and (
if that
check or other payment is negotiated or deposited, shall be considered
to be the benefit to which the surviving spouse is entitled under
paragraph (1). However, if such check or other payment is in an amount
less than the amount of the benefit under paragraph (1), the unpaid
amount shall be treated in the same manner as an accrued benefit under
section 5121 of this title.
I figured that meant I got to keep his $255 (and if I finally get his SC award -- then they will deduct the $255 they already paid.
Now they sent me a letter that said the money has to be repaid -- but that spouses may have certain benefits --and to call the number if I think I am entitled.
So I would call the SAME people that told me I wasn't entiteld to $255.
As my husband was retired - I also contact the Defense Accounting people to report his death. They did not mention that the deposit they made on Feb 1 (he died on Feb 5) would have to be repaid.
They sent me a claim form for unpaid benefits - and still didn't inform me that I would have to return what was already paid that month. In small print at the bottom of the form it says to return any uncashed checks -- like you would not cahs a check at the beginning of the month --but wait to make sure you live through the whole month before you spend it.
Now I am reading that you have to live the WHOLE month to earn the check for that month. You have to send the money back - and then they send a prorated check for the number of days you lived.
So in this case - I guess I have to send back his retirement payment for February -and they will send his daughter (his beneficiary of record) a check for FIVE days).
What gets me is that nobody told me!!! But it looks like as soon as I send them the death certificate - they will suck it out of our bank account.
I even went to the Defense Accounting site. It says as soon as you report the death --they will freeze the account to PREVENT overpayments. Well - unless you die on the last day of the month - it looks like you have already BEEN overpaid.
It just sure would be nice if THEY would TELL you that!!!! Instead of letting you think it is all straight and then running across the dirty details on other web sites.
Geez!!1
And it is not just the military.
I tried to apply for Social security for my sin (adult disabled child). They wouldn't let him apply at first because they asked if he had worked --and he said yes - so they said he was not disabled.
I informed them that he worked for 6 weeks out of 27 years - and that he was declared disbaled by SSI in 1993. So then they decided to let him apply -- but then they sent him a disability report.
I called and asked -- do we have to fill this out - You have already FOUND him disabled 13 years ago. The question is whether he can be considered a dependent on my husband's record (as a step-child, adopted child, or equitbaly adopted child -- my husband was in the process of adopting him --and the adoption will still probably go through.)
They said since this was a different program (SSD - not SSI) they would have to have all the paperwork to decide if he was disabled --though the standards are the same for both programs -- and though it was THEIR doctors that found him disbaled --and have continued to do so.
So I spent a couple of hours filling out all of their forms -- took them with me -- and the case worker said she didn't need to see the forms because he had already been declared disbaled.
ACK!!!!!
Now they are telling me I can't apply for Mother's benefits -- because you can only get those if the child is PHYSICALLY disabled and you provide physical care (though their regualtions CLEARLY state you can claim if your child is mentally disabled and you provide guidance and supervision. - You can not claim if the child is physically disbaled and you don't have to provide care --if they are over 18. But you CAN claimif they are mentally disabled)
ACK!
I can't even appeal the decisions they are making because they aren't actual denials -- they have to let me submit a claim before I can appeal!!!
ACK!
Way too much to deal with...
But it sure would help if the government workers KNEW what their own regulations were - instead of just spouting off whatever they THINK they might be.
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