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    • Hello Fat,  Thanks for the reply.  I'm asking for people's opinions on this matter out of curiosity. Nothing else.  
    • Just a side on SSDI retro. My cousin went blind last year and applied for SSDI. He got his benefit last fall, but no retro pay. He was told that he was in the first group to not get retro SSDI. 
    • Thanks for the responses.
    • THANK YOU Andyman! They give us a tracking number but it is easier to just pop our name into their search feature at the top to make sure our comment pops up. You just click on View all comments, and in Search feature click on New search within this document and your commenter name will pop up with your comment. I have not found any of the vet lawyer's comments yet but one other hadit member has commented too. A VA anesthesiologist made the point that there is no lack of qualified anesthesiologists in the VA. This could change the VA in many many ways. I am not even sure if the nurses ,like the VA docs, dont have to carry malpractice insurance, and how it would work out if a VA APRN makes a critical medical error with a patient. There is the NPDB mandate as well...and the VA's reporting requirements of doctors who have caused FTCA awards. Will that apply to these nurses too? I have nothing against nurses and known many who are superb at their work. Still, as many commenters (vets and/or their family members said) you all earned the best medical care the VA has to give. Maybe this change will ensure the best care. But maybe it wont in every case. And how much weight will the VA give to APRNs in the claims process?        
    • Let the medical facts speak for themselves. Don't develop another mental heath issue (anxiety) trying to anticipate. Rating Officers are supposed to evaluate medical evidence, nothing else. Relax, it will work in your favor.

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Berta

Vbm

31 posts in this topic

I have been so busy I forgot to post this recent statement at the NVLSP web site-

I have used the VBM since 1991 and cannot imagine being here at hadit without it on my PC desk-it helped me win all of my claims.

This is a great honor for NVLSP and most importantly- if you have the VBM you can use any citations from it regarding the legal nuances of VA case law and regulations.I havent read Holton yet but recently I quoted NVLSP's Nehmer decision to the OGC who then quoted Nehmer to the RO -in writing and for the first time in 8 months the VA began to apply Nehmer to my claim.The RO refused to acknowledge my numerous requests submissions of this important case asking for application of Nehmer Class Action case (won by NVLSP) regarding all AO vets and widows.

It was a deliberate VARO attempt to continue to withhold my retroactive DIC under the Nehmer COurt Order.

They could have been sanctioned for that if it had gone on any longer.

“FEDERAL CIRCUIT COURT OF APPEALS CITES NVLSP’S VETERANS BENEFITS MANUAL AS AUTHORITY FOR VETERANS LAW

Federal courts always include in their written decisions citations to authorities of law that support the court’s rulings. Usually these citations are to one or more statutes, regulations, or past court decisions. But sometimes, the courts cite well-recognized treatises as support for their rulings.

In its March 2009 decision in Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009), the U.S. Court of Appeals for the Federal Circuit cited to both a statute and NVLSP’s Veterans Benefits Manual for the legal proposition that in order to receive disability compensation, a veteran must generally show, among other things, that it was at least as likely as not that he suffered an injury or contracted a disease while in service.”

Source : NVLSP web site

Edited by Berta

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Berta

Thank you this is very important.

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I have the new VBM and it's been very informative.

Jerr

I have been so busy I forgot to post this recent statement at the NVLSP web site-

I have used the VBM since 1991 and cannot imagine being here at hadit without it on my PC desk-it helped me win all of my claims.

This is a great honor for NVLSP and most importantly- if you have the VBM you can use any citations from it regarding the legal nuances of VA case law and regulations.I havent read Holton yet but recently I quoted NVLSP's Nehmer decision to the OGC who then quoted Nehmer to the RO -in writing and for the first time in 8 months the VA began to apply Nehmer to my claim.The RO refused to acknowledge my numerous requests submissions of this important case asking for application of Nehmer Class Action case (won by NVLSP) regarding all AO vets and widows.

It was a deliberate VARO attempt to continue to withhold my retroactive DIC under the Nehmer COurt Order.

They could have been sanctioned for that if it had gone on any longer.

“FEDERAL CIRCUIT COURT OF APPEALS CITES NVLSP’S VETERANS BENEFITS MANUAL AS AUTHORITY FOR VETERANS LAW

Federal courts always include in their written decisions citations to authorities of law that support the court’s rulings. Usually these citations are to one or more statutes, regulations, or past court decisions. But sometimes, the courts cite well-recognized treatises as support for their rulings.

In its March 2009 decision in Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009), the U.S. Court of Appeals for the Federal Circuit cited to both a statute and NVLSP’s Veterans Benefits Manual for the legal proposition that in order to receive disability compensation, a veteran must generally show, among other things, that it was at least as likely as not that he suffered an injury or contracted a disease while in service.”

Source : NVLSP web site

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Berta,

I also have MY copy of the NVLSP VBM publication withing arms reach.

It's lying on my desk at the VAMC as we speak.

A gift from a dear friend! And, a help for more than one veteran, so far! B)

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Well, I cant afford the VBM right now, even tho it would be useful to me. Is it possible someone post a section on the VBM dealing with EED, especially with informal claims when the Veteran tells his VA doctor he has another SC condition. Thanks.

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Bronco

You can buy used editions of the VBM. Most of the info is the same. Information I got from the VBM led directly to my being sc'ed for CAD. I was reading about secondary conditions of DMII and the VBM had information that put me in a position to file a claim.

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