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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”-
- 0 replies
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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
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.Picked By
Lemuel, -
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Question
Berta
This came to me
via email-from Tomcat---at ALLVETS and CC went to DS Nurse and also Firebase so I sure think there is something to it- I have not checked it out yet-
----- Original Message -----
From: Tim White
governor
DU Death Toll Tops 11,000
Mon Apr 2, 2007 00:47
72.201.70.108
DU Death Toll Tops 11,000
Nationwide Media Blackout Keeps U.S. Public Ignorant About This Important Story
http://www.american freepress. net/rss/afp. xml
By James P. Tucker Jr.
The death toll from the highly toxic weapons component known as depleted
uranium (DU) has reached 11,000 soldiers and the growing scandal may be the reason behind Anthony Principi’s departure as secretary of the Veterans
Affairs Department.
This view was expressed by Arthur Bernklau, executive director of Veterans for Constitutional Law in New York, writing in Preventive Psychiatry E-Newsletter.
“The real reason for Mr. Principi’s departure was really never given,” Bernklau said. “However, a special report published by eminent scientist Leuren Moret naming depleted uranium as the definitive cause of ‘Gulf War Syndrome’ has fed a growing scandal about the continued use of uranium
munitions by the U.S. military.”
The “malady [from DU] that thousands of our military have suffered and died from has finally been identified as the cause of this sickness, eliminating the guessing. . . . The terrible truth is now being revealed,” Bernklau said.
Of the 580,400 soldiers who served in Gulf War I, 11,000 are now dead, he said. By the year 2000, there were 325,000 on permanent medical disability. More than a decade later, more than half (56 percent) who served in Gulf War I have permanent medical problems. The disability rate for veterans of the world wars of the last century was 5 percent, rising to 10 percent in Vietnam.
“The VA secretary was aware of this fact as far back as 2000,” Bernklau said. “He and the Bush administration have been hiding these facts, but now, thanks to Moret’s report, it is far too big to hide or to cover up.”
Terry Johnson, public affairs specialist at the VA, recently reported that veterans of both Persian Gulf wars now on disability total 518,739, Bernklau said.
“The long-term effect of DU is a virtual death sentence,” Bernklau said. “Marion Fulk, a nuclear chemist, who retired from the Lawrence Livermore Nuclear Weapons Lab, and was also involved in the Manhattan Project, interprets the new and rapid malignancies in the soldiers [from the second war] as ‘spectacular’—and a matter of concern.’ ”
While this important story appeared in a Washington newspaper and the wire services, it did not receive national exposure—a compelling sign that the American public is being kept in the dark about the terrible effects of this toxic weapon. (Veterans for Constitutional Law can be reached at (516) 474-4261
============ ========= ======
WAKE UP AMERICA!!!!! !!
Thomas W. Trefts
Disabled USAF Gulf War Era Veteran
A-10 Jet Engine Mechanic, Flight Line Refueling
10th Component Repair Squadron : RAF Alconbury, 1989-1991
B.S. Business Administration : Ashland College ( University ), Ohio 1984
Assoc. In Applied Jet Engine Technology,
Community College of the Air Force 1991
Director of The Unified Veterans Coalition
http://xsorbit27.com/users5/unifiedveteran...ition/index.php
Owner : Happy Planet - Patriotic, Political,and Obscure T-Shirts, Posters, Mugs, Gifts & More
http://www.cafepress.com/happy_planet
------------------------------------------------------------------------------
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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