Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
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 ratingPicked 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
dennis simpson
I am a Vetnam Veteran having served with the Third Marine Amphibious Force - 2ND Cag - CAP UNITS IN Vietnam. I was an 0311 rifleman,and was acting point man with another in rotation for my entire tour in Vietnam. WE LIVED IN THE HAMLETS AND VILLAGES of Vietnam and rarely got to see any base's at all. I am a Purple Heart recipient and spent 18 days on the USS Sanctuary Naval Hospital Ship recovering from my wounds midway through my tour.
In relation to the criteria I have supplied below, My question is this. I have till August 8th to file a claim before the year has expired upon an intent to file that I did. However that intent to file was for ongoing health issues I have with my heart disease, and this PTSD Issue wasn't even on the board at that time. I am currently rated 60% disabled with Ischemic heart disease, due to Agent Orange Exposure. There may be other claims related around my heart once all the testing is in. But this SUBMISSION FOR ANSWERS is related to the PTSD only. My question is as follows:
Should I wait forth the therapy to begin on my PTSD or go ahead and file now before the August 8th Deadline. I could get a year's worth of back pay if I am successful and get rated with PTSD. However, risking denial is not something I want to risk. I truly am experiencing issues of everything you read below, and recently quit working because I can no longer cope with it. I have been told that the diagnosis which a VA PSYCHOLOGIST Gave me was provisional only, and that I should give it four or five months, go to therapy, and then file. This was one VSO who told me to wait. Another said file now. The provisional only statement came from a doctor at the VA Hospital who quickly read over a few things, but she was with the anesthesia department and how she got this assessment I do not know.
Based on what you read below with several things in bold letters to draw your attention to; SHOULD I GO AHEAD AND FILE OR WAIT?
I HOPE SOMEONE ON THIS SITE CAN ADD THEIR OWN EXPERIENCE WITH THIS AND OFFER SOME SOUND ADVISE
This is the VA PSYCHOLOGIST'S notes in my final of 3 sessions with her before she forwarded me to therapy:
Veteran's goals for change (written prescription of next steps): 1. Continue engaging in activities that are usually avoided Handouts given:
BTT Session 3 Handout Follow up: in TRP Details:
[x] Informed consent: I have discussed PCT treatment with veteran and veteran expresses understanding that, should they choose to accept this direct referral and then change their mind about PTSD treatment, it will significantly delay their access to a BHIP generalist therapist.
PTSD verified by: [x] Clinical Interview/Symptom Review in Session
[x] PCL Score: 60 [ ] Service Connected Disability: Primary Trauma Issue:
[x] Combat [ ] MST [ ] Other: Current PTSD Sx:
[x] Intrusive Memories [x] Nightmares [ ] Dissociative Reactions [x] Psychological distress upon exposure to trauma cues
[x] Physiological distress upon exposure to trauma cues [x] Persistent avoidance of stimuli associated with trauma events [x] Negative alterations in cognitions or mood [x] Sleep Disturbance [ ] Irritability [x] Hypervigilance Previous Treatment with PCT or Exposure Therapy: Has Veteran ever been diagnosed with or met criteria for a substance use disorder in their lifetime? [x] No [ ] Yes
COMPLETED SIMPSON, DENNIS
I have read, edited, and approve this therapist's note and agree with the assessment, intervention, and plan unless otherwise noted. I am the supervisor of record. I was not present in today's session, but was available for immediate consultation. This provider and I meet regularly to review cases. Any changes or additions to the parent note will be noted in this addendum. The session today focused on: BTT Session 3 Plan: TRP referral /es/ A. Rodgers Ph.D. HSPP CLINICAL PSYCHOLOGIST Signed: 05/14/2024 07:21
This is the Social Workers remarks in the phone call which was to have him anaylize me and give the go ahead on therapy she recommended:
[Patient recently completed Brief Trauma Treatment through PCMHI and would like to continue that work in the Trauma Recovery Program. Notes symptoms of SIMPSON, HOWARD DENNIS Date of Birth: 22 Feb 1952 Page 26 of 55 depression and anxiety which he feels are connected to past trauma from his tour in Vietnam. Denies any legal, spiritual, financial or substance-related concerns. Consult placed for TRP per patient's request. Denies any SI/HI. Discussed with Veteran that our clinic uses team-based care for treatment, an episodes of care model for psychotherapy with an average therapy lasting 8-15 sessions, and shared decision-making to determine goals for treatment. Advised that group therapies and peer support services are also available.]
Next on August 21st I will be in a phone call which an hour orientation to the upcoming therapy. After hat the sessions will begin.
Link to comment
Share on other sites
Top Posters For This Question
2
1
1
1
Popular Days
Jul 19
5
Top Posters For This Question
Lemuel 2 posts
brokensoldier244th 1 post
pacmanx1 1 post
dennis simpson 1 post
Popular Days
Jul 19 2024
5 posts
4 answers 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