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The Law of Veterans’ Benefits 2008-2010: Significant Developments, Trends, and a Glimpse into the Future The Law of Veterans’ Benefits 2008-2010: Significant Developments, Trends, and a Glimpse into the Future Download PDF Introduction I. The Significant Developments (2008-2010) A. Timeliness of Appeals (Administrative and Judicial) and Other Jurisdictional Matters i. The Demise of Equitable Tolling ii. Abating the Finality of Board Decisions iii. Other Matters …
Last reply by Tbird, -
DATE: 02-13-91 CITATION: VAOPGCPREC 04-91 Vet. Aff. Op. Gen. Couns. Prec. 04-91 TEXT: Failure to Submit to Medical Examination--Insistence on the Presence of an Attorney and Use of a Recording Device QUESTION PRESENTED: Has a veteran failed to report for a scheduled examination for purposes of 38 C.F.R. § 3.655 if he or she appears but refuses to be examined unless accompanied by a private attorney and allowed to record the evaluation? This is in response to your request for an opinion concerning the possible "right" of Department of Veterans Affairs' (VA) beneficiaries to be accompanied by an attorney during scheduled VA medical examinatio…
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To receive compensation from the VA, a veteran’s disability must be service-connected. There are five ways to establish a service connection: Direct service connection is for a disease or injury that first began in service or was caused by active military service. The burden of proof falls on the veteran to show that their current disability is directly related to their service. This is most easily proven by using military and service medical records as evidence that the condition was diagnosed in service or that symptoms of the condition began in service. However, in the absence of service records, other evidence can be used to make a case for direct servi…
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Housebound References: M21-1 Part VIII Chapter 10 SMC S Housebound 38 U.S.C. 1114(s) 38 CFR 3.350(i) View full record
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Policy Letter 20-01 Article ID: 554400000143009 DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 March 19, 2020 Subject: Effective Date Provisions for Supplemental Claims for Compensation and Pension Claims Filed Within a Year of a Decision from the United States Court of Appeals for the Federal Circuit or the Supreme Court of the United States. Purpose This letter is to inform regional offices (ROs) that a supplemental claim filed within one year of a United States Court of Appeals for the Federal Circuit (Federal Circuit) or Supreme Court of the United States (Supreme Court) decision-is cons…
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VAOPGCPREC 2-2019 (6/25/2019) Crediting Certain Veterans for Their Payment of Statutory Funding Fee Author: Simpson, J.; Kearney, C.; Raffaelli, D. VAOPGCPREC 3-2019 (12/13/2019) Effective Date Provision of the Blue Water Navy Vietnam Veterans Act of 2019 Author: Jonas, B. VAOPGCPREC 1-2018 (8/06/2018) Fee Agreements and the Rapid Appeals Modernization Program Author: Krisch, J. VAOPGCPREC 1-2017 (1/06/2017) Service Connection Based on Obesity Author: Adelman, M. VAOPGCPREC 1-2015 (2/19/2015) Compensation of Fee-Basis Employees Author: Knott, C. VAOPGCPREC 2-2015 (3/20/2015) Authority to Solicit Gifts under 38 USC 8301 Author: Jaynes, M. VAO…
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If you disagree with a VA decision, you or your representative can request a new review of your case by a higher-level reviewer. The reviewer will determine whether an error or a difference of opinion changes the decision. You can’t submit new evidence with a Higher-Level Review. Source: VA.gov Can I request a Higher-Level Review? You can request a Higher-Level Review of an initial claim or Supplemental Claim decision. You have 1 year from the date of your decision letter to request a Higher-Level Review. Note: You can’t request a Higher-Level Review after a previous Higher-Level Review or Board Appeal on the same claim. And you can’t request a H…
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If you disagree with the VA's initial decision on your claim and decide to appeal the decision to the Board of Veterans' Appeals (Board), you have a few different options to choose how your appeal proceeds. But many people don't know what to expect, which could cloud their ability to choose the best option for them. In the video below, Judge Tanya Smith, a Veterans Law Judge, explains to Veterans what to expect, what to prepare, and what happens after a hearing. As the video above explains, one option is to have a hearing with a Veterans Law Judge (VLJ). Hearings are optional and aren't necessary to receive a decision from the Board. (Some veteran…
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Godsey v. Wilkie On June 13, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) certified its first class action. The case, styled Godsey v. Wilkie, was a petition for extraordinary relief brought by Covington & Burling LLP and the National Veterans Legal Services Program (NVLSP). The petition was filed on behalf of veterans James A. Godsey, Jr., Jeffery S. Henke, Thomas J. Marshall, Pamela Whitfield. It sought relief for all similarly situated VA benefits claimants who have filed an appeal to VA’s highest tribunal, the Board of Veterans’ Appeals (Board), and since have suffered extended delays waiting for VA to begin moving their appeals forward in a proc…
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In the context of a claim of unreasonable delay, the first stage of judicial inquiry is to consider whether the agency's delay is so egregious as to warrant mandamus. Although this court has decided several cases involving claims of unreasonable delay, *see, e.g., PCHRG v. FDA,* 740 F.2d 21 (D.C. Cir. 1984); *Public Citizen Health Research Group v. Auchter,* 702 F.2d 1150 (D.C. Cir. 1983); *PEPCO,* 702 F.2d 1026 (D.C. Cir. 1983); *MCI Telecommunications Corp. v. FCC ("MCI"),* 627 F.2d 322 (D.C. Cir. 1980); *Nader v. FCC,* 520 F.2d 182 (D.C. Cir. 1975), we have not articulated a single test for when the writ should issue. On reading these cases together, however, one can d…
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Request Personnel and/or Medical Records Online. More ways to get service records. Learn about military service records (e.g. DD Form 214) Request Personnel and/or Medical Records Online DD 214/ Separation Documents Official Military Personnel File (OMPF) Replacement Medals Medical and Health Records Burials and Emergency Requests …
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2024 VA Disability Payment Schedule 2024 VA Disability Payment Schedule Month Payment Date Day of Week January Feb. 1 Thursday February Mar. 1 Friday March Apr. 1 Monday April May 1 Wednesday May May 31 Friday June July 1 Monday July Aug. 1 Thursday August Aug. 30 Friday Sept…
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