Vbm

[Berta]

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 January 10, 2010 by Berta

[Wings]

x

x

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2009/3/5, 08-7081 CAVC Holton v. Shinseki, Precedent

http://www.cafc.uscourts.gov/opinions/08-7081.pdf

page 14.

As we have explained, section 105(a) creates a presumption that an injury or disease incurred during service was incurred in the line of duty and did not result from the veteran’s own misconduct. It does not create a presumption of injury. In order to receive disability compensation, a veteran must show that it was at least as likely as not that he suffered an injury or contracted a disease while in service. See 38 U.S.C. § 5107(b); Barton F. Stichman & Ronald B. Abrams, Veterans Benefits Manual § 3.3 (2008). Nothing in section 105(a) bears on that requirement. If a veteran makes such a showing, he will be entitled to the presumption under section 105(a) that the injury or disease occurred in the line of duty. But section 105(a) does not relieve the veteran of his obligation to show that he incurred a disease or injury during active service in the first place.

[broncovet]

Pete..of course I dont appreciate the expense in creating the VBM. However, people tell me the 2009 version is just like the 2008 version with just a few updated changes. That is, the expense in creating this book has already been made, and the companies that sell it now is pretty much pure profit.

[carlie]

bronco,

I disagree with your feelings regarding the vbm being way

too expensive.

BTW - I believe you can also just purchase the CD Rom version.

This manual is over 2000 pages long.

I equate it to being in school and needing to purchase

a text book. Text books are usually quite expensive but

can you take the class, pass the class and get educational credits

without it. Probably not.

If the information contained in the VBM helps get you SC,

an EED, an increse in percentage etc.... it's money well spent.

And it's an expense that most likely will help continue and

insure that the eagle poops your way every month.

Come on man - your compensated at 100% - be good to yoursef -

get up off of that wallet.

As Pete posted earlier - it's against copywrite laws for people

to come online and post as a file or copy and paste large sections

of copywritten material.

Berta speaks with Ron Abrams(one of the VBM authors) quite frequently

and I'm sure she nor Tbird would want any kind of problems from this.

carlie

[Berta]

I suggest Broncovet should complain directly to NVLSP about his feelings as to the cost of the VBM.

NVLSP

http://www.nvlsp.org/contact_info.htm

or info@nvlsp.org

or call 1-202-265-8305 -ask for Ron Abrams, Bart Stichman, or any of the 12 lawyers who write the VBM

or Fax 1-202-328-0063

Edited January 11, 2010 by Berta

[jerrbilly]

I agree with Carly to a point but I do feel the VA should make the publication "available." When I say "available" what I mean is a veteran with claimed disabilities should be able to look over the book at the Regional Office. A little library or something that Veterans can educated themselves on how to execute their respective claims.

I could see how a vet with 10% or 30% disabled wouldn't be able to afford the book so having access would be good.

Jerr

[Philip Rogers]

Most, if not all, VARO's have a library, that veterans can use. Whether they carry the VBM is another issue. The Cumberland County Public Library, in Kingsland, GA, carries the VBM. I think all public libraries should carry it. Maybe you should request that yours do it. How about a copy at each VFW, AL, DAV hall, etc!!!

pr