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C& Pdr. Admits Cause Of Disease Isunknown But Still Opines Against.
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mjdt,
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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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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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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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Question
mjdt
Hi,
My hubands claim has just been denied at the appeals management center because of an opinion that the c&p dr. gave.
I will explain more about his disease if anyone is interested but right now I am more interested in understanding how we can get the va to use the reasonable doubt doctrine
We are claiming that Jim's musculoskeletal disorder is secondary to his sc shrapnel wounds that he got in viet Nam.He is 30 %for those wounds and still has shrapnel wounds in his body.
He had surgery at the va in 1969 to remove some of the shrapnel.He was dxed with psoriasis soon afterward.
We filed a claim in 1989 and it went all the way to BVA and denied.
We were successful in getting it reopened in January 2006
The BVA remanded it to the AMC to get aC&p exam opinion
We had filed to reopen in2001 and unfortunately he had a stroke in july of 2005.
IT was reopened in 2006 after the stroke.
The c&p dr exAMINED THE RIGHT LEG AND MUSCLES (Shrapnel is in left)
We got summary of his opinion he made no refererence to shrapnel wounds said in his opinion not due to military.Then says the cause of psoriatic arthritis is unknown that usually people with this h ave the HBlA27 gene but this patient doesn't have it.(Jim has been tested twice at the va and he doesn't have it)Then he said my opinion is that it is caused by genetics,age and impared immune system
We got the SSoc and they denied the claim and quoted this dr. and also stated that the dr. felt it was all due to the stroke.this dr also said that it could becaused by enviornmental factors.
We took all this to our vso and he responded by poking holes in doctors report.etc etc.
My question is this.
When it is sent back to the BVA(I know they will consider reasonable doubt)and they balance the evidence.Can they grant the claim without getting a dr. who actually uses the language as likely as not.
Or will we have to get a dr. to say that.One of the reasons tat the BVA`reopened it in the first place was that a va dr. in a progress note in 1989 put that the patient has associated with his sc shrapnel woundd.The BVA caugt that statement and remanded because that is all the dr. at that time said.The BVA said the claim needed more devewlement to see if they could find the origin of the diagnosis.We have responded to the ssoc by giving astatement from the 2005 merck manuel that this disease has to be triggered by an enviornmental factor such as an injury,infection toxins in the body etc.
There are no negative facts on record only this that we no of.
The medical record is all consistant over the years.I guess what I am hoping is that the BVA itself will just make the decision to grant based on reasonable doubt
Please give any comments .Jim and I need all of the support we can get.
Thanks ,Mary
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