Journaling

So, I just lost a bunch of work due to a Facebook crash so I'm gonna do most of my writing here.

I was writing about Favorable Findings. Pry has to do with having such skint memory so it might happen here. We'll see. 

Yep. So this afternoon will involve a deeper dive into a fairly new concept in VA heads. And that is Favorable Findings. Dewayne Kimball of KMD89 Consulting hosts a good long show with his co-worker I forget his name, and they save answering comments until the end. 

Don't underestimate the value of that either I wouldn't. 

It looks to me like the findings listed usually correlate to the Hickson Elements. Some prefer the Caluzi Triangle or the Shedden Principles. All so named after Precedential cases from the BVA, CAVC, Federal Circuit Court, or Supreme Court though the latter never had to hear any of them because they were all resolved by the so called lower courts. I'm no legal expert or lawyer though so buyer beware...

I do know that it's more important to understand how to apply the three to your particular claim. So without looking them all up and studying them as I've done for the past twenty odd years, I'll just dive into my understanding and then we'll rejoin an informative video on Favorable Findings.

As the book says, service connection connotes a lot of things, but, and I'm gonna paraphrase inline with verbatim language from public sources and I'll provide a biblio later. This is a work in progress so that's your caveat. 

The book, I refer to in this case colloquially as any pertinent governing statute. Without delving into it too deeply, I'll just say that the United States Code (U.S.C) is the Authority for the Code(ified) Federal Regulations (CFR), which describes how to implement such Public Law. Or something to that effect. Take that much and correct me if I'm wrong but research it on your own that will get you going in the right direction anyway. Think of it that way from the git go and you'll find yourselves better served in the long run. That's my free advice and opinion any way. For what it's worth.

Carrying on now, with the business at hand. The three prong test you must meet in order to pass muster get your claim granted has seen a lot of change over the years. It sorta began it seems, as having to have a current diagnosis caused by an injury sustained in the line of duty while serving in the Armed Forces of the United States of America.

Ok ok, I took literary license just so I may be better able to explain. Or maybe just to present material covering one aspect of service connection from a fresh perspective or angle. Mine.

So from that as a basis, then, add a provision for symptomatology (and signs) instead of just a "Diagnosis." In the context of an Application for Disability Compensation by way of Service Connection.  Claims for ancillary and other downstream benefits (burial, dependents'  education, vocational rehabilitation and employment, clothing or vehicle allowance, DIC, and so on) are separate and have their own forms and requirements. One of the best ways to go about your duty to submit a claim for anything would be to work with a Veteran's Service Organization (VSO). But I'm on the outskirts of the topic again.

Instead of wasting your time by fruitlessly filling out a VA Form 21-526EZ, make sure you have proof as in evidence of the 3 things you need. And I'm now gonna clarify. 1. A current diagnosis or symptoms) 2. An event, injury or disease in service and 3. A medical "link" between 1 and 2. Yeah, clarify my way right? Not exactly. I just reworded the 3 prong test is all. Confused yet? You're not alone. Maybe it'll help if I expand on the topic some more and add a provision for aggravation. And then case law to define aggravation to be any increase in severity of a disability beyond the natural progression of the condition. With Disability defined Precedential by the various Veterans Courts as a "Functional Impairment of Earning Capacity" but doesn't go any further leaving it open to interpretation and no legal reference to cite to define the word disability in the context of Aggravation. But only aggravation of such impairment of Earning Capacity, functional of course, whatever that means, preexisting service not aggravation of a NONSERVICE CONNECTED CONDITION by a Service Connected Disabilitity. Got all that?

Ok enough for now. Ciao.