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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 ratingPicked 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.Picked By
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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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, -
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Question
Berta
Carlie- in Aug 2006 I was still stunned to find that what my vet rep said occurred in an informal conference with my DRO
was not at all what the subsequent SSOC stated.
Also I was bothered by the fact that-although I had discussed this all with the rep by email prior to the informal conference- he called me after it happened and told me his version of it but I had no hard copy- and I sure dont tape phone calls.
Then after I made a big fuss over the SSOC he and his main office said they had no record at all of the meeting or what took place but they believed his evrsion of what went on-
which is clearly NOT what the DRO said in the SSOC.
You posted here in August 2006 -the M21-1 info as to these informals conferences.
I unfortunately had put this into my SSOC file instead of my DRO Duty-M21-1 file.
I found it today!
It clears states under M21-1 Part 5 Chapter 5 that:
under Informal Conferences:
"identify additional sources of pertinent evidence."
The VA had since Nov 2004, the 2 IMOs I had at that time (Drs. BAsh and RAbiee) and had failed to consider them at all- not to mention all of my other significant evidence.
My vet rep was to specifically identify these IMOs to the DRO for proper resolve of my claim.
I took Governor Spitzer in complaint letter that the POA claimed a "lengthy conference had occurred" yet what the heck did they talk about-
the SSOC states the rep was there for the conference then only states that VA would obtain a medical opinion and that all I had suppied as evidence (in over 2 years) were "internet printouts". NOT true.Not a single mention of the 2 IMOs.
The POA has NO documentation at all except what they are trying to sell me on this conference.I refuse to buy it-
if it went down as the POA rep said-the DRO would have given the IMos from me to the VA doctor.OR developed the claim under the other reg that says-if they have considerable medical evidence to include IMos to award-they can just go ahead and do that-
Allan posted that reg here the other day.
To make a long story short Thank you very much because it took me time to find this but this is what I sure might need if I get another repeat
of denial based on No evidence.
I have in a letter from the Director, NYSDVA-available to the Gov if needed that he suggested to me that even with my 3rd IMO, I could expect the very same thing to happen.
Who the heck does he think he is- the DRO or a VA doctor?
The printout you gave me clearly states that the DRO had to make a report of this conference and that it should be placed in the C file. !!!!
They even have a sample report that DRos should follow at M21-1---
my whole point-
I am up against a vet division that seems to think I am some dumb widow who does not know what VA regs say-that is why they didnt support my remand-
I can get this report in my C file.
It might well show that my vet rep lied to me -which per the SSOC he did-and his main office is backing up his lie with no documentation-
Because how could a DRO have to mention what the purpose of the informal conference really was-in a report that she had to write-
to have my IMOs finally acknowledged as evidence-
if the IMOs were not in the C file and the vet rep never even brought them up?
I actually did not realise, until I found your post (Aug 23,2006) that I kept-that the VA has to have something documented as to this DRO informal conference.
THANK YOU!!!!!!!!!!!!!!!!!!
I am going to ask my POA to get a copy of it---and see what email BS I get from them-
that will be very interesting.Thank you so much Carlie!
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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