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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
Picked 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.
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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
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.
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Lemuel, -
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Question
rthomass
Let us not forget to keep our eye on the ball>>>>>>>>>>>>>>>>>>
I know there are a lot of blue water Navy Veterans as well as Veterans who served in Thailand, Laos, Cambodia, and Vietnam that have had their agent orange cases denied in the past, The only way you will ever overturn these denials is to read the Haas VS. NIcholson decision as promulgated by the US Court OF Appeals for Veterans Claims. I implore you as a Veteran and a Citizen to write yor Senators and Representative and tell them what we want .... This is a representative democracy....Make Them REPRESENT YOU. Make them change the laws on how your claim is decided... Haas Vs. Nichoson decision presently only rquires you to have a Vietnam Service Medal to presume you were exposed to agent orange. The VA is trying to get this ruling overturned. If the law is changed to that language set forth in the Haas VS. Nicholson decision VA ,will be to put it crudely, Screwed!
OPEN COMMUNIQUE TO ALL LEGISLATORS
TRANSMITED VIA E-MAIL AND FAX 14 NOVEMBER 2006
Subject: Department of Veterans Affairs appeal: Haas Vs. Nicholson
ORIGINALLY SENT TO:
NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attn: Mr. Sparato)
rick_sparato@nvlsp.org
Mr. Spataro in light of the current political climate i.e. Democratic Congress why wait for the United States of Court of Appeals for The Federal Circuit to rule on Haas v. Nicholson ? Would this not be the perfect time to appeal to the U.S. Congress to legislate that Agent Orange was present in all of South East Asia during the Vietnam era (Vietnam, Thailand, Cambodia, and Laos)? . Revised Legislation would presume veterans were exposed to Agent Orange if they had been awarded the Vietnam Service Medal and had contracted any of the eleven diseases presently set forth by the Veterans Administration. Referenced in 38 C.F.R. 3.309(e).
The Decision as set forth in Haas Vs. Nicholson should be a guide to re-write those portions of U.S.C. 38; 38 C.F.R; and M21-1. A Veteran with any of the diseases set forth in the Code of Federal Regulations 3-309(e) “Diseases associated with exposure to certain herbicide agents” should be presumed to have been exposed to the herbicide (agent Orange).
MSGT. Randall D. Thomas Sr., USAF, RETIRED
rthomass@insightbb.com
PO Box 20761
Louisville ky 40250-0761
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