Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
Announcements
-
Tell a friend
-
Recent Achievements
-
-
Our picks
-
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”-
- 0 replies
Picked By
Tbird, -
-
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
Picked By
yellowrose, -
-
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, -
-
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, -
-
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, -
-
Question
broncovet
It appears I made a hasty, and incorrect assessment of VBE. It was based on the fact I did not research it more.
I have seen many Veterans ask "Where can I get a good IMO"? (Independent medical Opinion). This is often used to support the Veterans claim, because, often VA doc's do not provide favorable medical evidence to win the claim.
A good IMO can often be the difference between getting benefits, and getting denied. Of course, not every claim needs an imo.
I personally won a claim by getting an IMO. I was denied TDIU. I appealed to the board, and, after a board denial, I appealed to the CAVC.
I "won" a remand to the CAVC. When there is a remand, Veterans are allowed to submit new evidence, and, that new evidence, is presumed to go back to the date of claim if awarded. This is huge. My attorney suggested I needed an IMO from a Voc rehab specialist. My doctor can/did opine that I was unable to do my current job, but the Va wanted an opinion that I was unable to do ANY job. The va wont connect the dots, there.
The IMO worked, and I was awarded tdiu back to 2004.
I learned all this at H and K U (College of hard knockS) THAT IS, I had done it wrong.
Veterans need a place to go, when their cfile either has "no favorable information" or, sometimes, the c and p exam, was incomplete such as it did not have tests. (In order to get information to win their claim).
Unfortunately there are scammers who try to part Veterans with their money, some of the time "pretending" to be there to help the Veteran. As an example, there are "pension poachers". Pension Poachers get Veterans to file for a pension, that they did not know they are eligible for. Boom. The pension poacher wins a pension, but the Veteran needlessly gave up 20 percent or so of his pension retro to the scammers who applied for him.
A Veteran need not pay someone to file for pension for him, a VSO will do it free.
Again, I apologize, and instead endorse VBE , as it would appear to help Veterans who need an IMO to win their claim. Its unnecessary for VBE to be affiliated with NOVA, because they offer medical opinions, and are not like a law firm representing Veterans who should be listed on NOVA.
https://veteransbenefitsevaluations.com/home/meet-the-experts/
Link to comment
Share on other sites
Top Posters For This Question
1
1
Popular Days
Oct 21
2
Top Posters For This Question
broncovet 1 post
Dustoff1970 1 post
Popular Days
Oct 21 2023
2 posts
Posted Images
1 answer to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now