I am seeing a lot on this site about having to have the three steps of the Caluza Triangle to get service connected.
I have a NOD in for my PTSD and Migraines.
- My Private psychologist diagnosed me with PTSD as did my VA Psychiatrist and Provider.
- I sent in copies of stressors and the VSR even called an had questions about another Stressor that I didn’t even have listed that I was involved in. The VA requested more information from my Psychologist and she sent in another 38 pages of treatment records for me.
- My psychologist also sent in Nexus Letters saying it was more likely than not my PTSD was due to Military service as well as stressors, she also filled out DBQ’s etc.
As it stands my NOD is out of Gathering of evidence and in review of evidence where it states initial review complete and my Appeal will be decided soon. My understanding is that if you meet the Caluza standards then you will be service connected, number one do I meet the standards with what I provided and number two is that correct that if you do meet the Caluza standards you will get service connected or no?
This has to be MEDICALLY Documented in your records:
- Current Diagnosis. (No diagnosis, no Service Connection.)
- In Service Event or Aggravation.
- Nexus, or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
This is also known as the “Hickson Elements” for a later case. Why you need to know: If all 3 of these things are not documented in your medical and service records, then you will need to obtain this documentation before getting service connected. This applies if you applied last week, or 10 years ago.
Note: Secondary Service Connection and Presumptives are a little easier. If you have a diagnosis, and a doctor says that your diagnosis is at least as likely as not a rusult of your (service connected condition), then you need not AGAIN establish an in service event or aggravation. A presumptive Service connection means if you meet the applicable criteria, then your condition is “presumed” to be caused by military service. You are still gonna need a current diagnosis, but you may get a bye on the nexus if you meet the requisite criteria for presumptive conditions.[pdf-embedder url=”https://www.hadit.com/wp-content/uploads/2017/08/uscova-90-0818-caluza-v-brown.pdf”]