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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
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
jessejames
Does a claim for Burial Benefits get tossed in the same pile as all claims? Just wondered since I filed a claim for the $600 I paid on my brother's funeral, the VA signed the Certified Mail with Return Receipt and promptly lost ALL the Documents and Form enclosed, told me they had NO idea where it was. This is the correspondence I have received since they signed for the claim on March 13, 2007.
1. Two identical Letters dated April 2, 2007 (which I received approx April 6) stating "Claim for benefits had been recived ...we have a great number of claims , action on yours may be dalayed."
2. My question to IRIS on April 3rd just to check and see if claim was in the system, " Please let me know approx how long it will take or this claim to be processed. I paid $600 towards the Burial plot and Burial expenses of my btother who was a qualified veteran, he was activated into the Regular army from the National Guard and spent 1 year 3 1/2 months in Korea and was in receipt of a VA Pension at death. It was sent Certified Mail with Return Receipt showing it was received as you signed for it on March 13th. Thanks very much, ........
3. IRIS answer on 4-4 "The only claim you have pending is privacy act. We will have this done in about 30 to 45 days. If we see that it will be longer than that we will write you in 10 days and noitfy you.
JLM I had also written for copy of Pension rating Decison from 1998 (for a small Life Insurance purpose), so I assumed this was what they were referring to here, JJ
4. My Answer to IRIS on 4-4 "I assume the "Privacy Act" claim is one I sent for a copy of the Rating Decision of the Pension on my deceased brother who died in a fire on Feb 15, 2007. He was eligible for $300 towards the Burial Plot $300 and $300 towards the Funeral expense. I filed this claim because I paid as the next of kin. This Claim was filed with the Jackson, MS VARO on March 14, 2007. Should I refile it?? It was sent Certified Mail with Return Receipt so I know they received it on March 13th." ............
5. IRIS answer to me on 4-5 "Department of Veteran Affairs
Regional Office
1600 E. Woodrow Wilson Avenue
Jackson, Ms 39216
"We have not received a Burial Benefits claim on the veteran. I am going to send you a VA Form 21-530 this is a burial application form. Please send us a copy of the veteran death certificate and copy of the burial receipt. Also I am going to send you the copies that you requested for copy of the veteran last rating decision for pension. Thank You" Notice under Number 1, they said Claim HAD BEEN received! JJJLM
6. My answer to IRIS on 4-6 "The completed Form 21-530 along with original Certified Death Certificate and all required Funeral Home Statements and Receipts were received by the Jackson VARO on March 13, 2007. You may verify this through the US Postal Service site with Delivery Confirmation Number 0306 2400 0000 6815 1639 at http://www.usps.com/ I only had 3 original Certified Death Certificates and would appreciate your finding the Claim that I have already sent with all verifiable and needed documents received by your Ofiice on March 13, 2007."
7. Answer from IRIS on 4-6 "Department Of Veterans Affairs
Regional Office
1600 E. Woodrow Wilson Avenue
Jackson, Ms 39216
Dear Mr. ...........:
We have search everywhere for that claim and we do not have it. That why I sent you another claim. Please sent it back to my attention: Jimmy Manning and I will take care it for you. Thank you.
Laraine Borden
Veteran Service Center Manger
211/jlm
8. My answer back to IRIS on 4-6 "I HAVE plenty of Forms 21-530. I just don't know how it could be lost after I sent it with Delivery Confirmation and it shows it was delivered to you. Why would it be any different to send it again? I only have 2 more Death Certificates and they are both needed. Congressman Roger Wicker's office has contacted the Liason there to see what I need to do. It's over 300 miles roundtrip for me to hand deliver, so I will wait and see what he found out and if I should send the paperwork to him."
9. IRIS answer to me on 4-9 Department of Veterans Affairs
1600 E Woodrow Wilson Avenue
Jackson MS 39216
Dear Mr. ...........:
We are sorry for the inconvenience this has caused you. We receive several thousand pieces of mail daily, and occasionally one will be misplaced.
If you decide not to wait to hear from your congressman, you can fax an application and a photocopy of the death certificate and bill to Mr. Manning. The fax number is:
601-368-4936.
10. My answer back to IRIS on 4-10 "Mr. Jimmy Manning; I faxed the form 21-530, the death certificate, and all supporting receipts to you yesterday, april 9th as requested. Just wanted to check and see if you had received them? Thanks," ..................
11. IRIS answer answer to me on 4-10 Department Of Veterans Affairs
Regional Office
1600 E. Woodrow Wilson Avenue
Jackson, Ms 39216
Dear Sir:
I was not hear on yesterday, but I am sure someone got and took care of it. I will check in a few days to see if it is the computer.
Thank you
Laraine L. Borden
Veterans Service Center Manager
211/JM
12. My answer back to IRIS on 4-10 "All the documents were faxed to the attention of Jimmy Manning at 601-368-4936 as I was instructed to do by him. They were alo faxed to Bubba Lollar in Congressman Roger Wicker's office in Tupelo and he faxed all the documents to the Congressional Liason there. So along with the originals which were received there on March 16th, 2 other sets of documents have now been sent. Will I be notified by IRIS when the claim is in the system, or will I need to contact the VA through IRIS again?" ..............
13. IRIS answer back to me on 4-12 Department Of Veterans Affairs
Regional Office
1600 E. Woodrow Wilson Avenue
Jackson, MS 39216
Dear Sir,
We have received a faxed copy of your claim for burial benefits. When the claim is completed or we need additional information you will be notified by mail. You may check the claims status, by calling 1-800-827-1000.
Thank you,
Laraine Borden
Veterans Service Center Manager
On 4-17th, I called the 800 number to see if the Claim was in the system, Counselor told me it was NOT and that it would NOT be accepted anyway because if I had faxed it in, it would be returned to me for an ORIGINAL signature and original Death Certificate, AND it was NOT their fault the Claim had been lost AFTER they had signed for it via Certified Mail!!! . At this point, I called my Congressman and he faxed all the Claim Documents to his Liason again at the VARO. Received letter today April 18 from VARO dated April 16th...it was an IDENTICAL word for word letter to the two letters dated April 2nd JJ----------------------------
If I'm having this much run-around problems with a set in stone claim for $600 Burial Benefit claim, you can just imagine the guys coming home from Iraq. This is the shape the VA system is in today and NOBODY in our Government cares!!!!!!!!!
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