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29,662 questions in this forum
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§3.103 Procedural Due Process And Appellate Rights.
§3.103 Procedural due process and appellate rights. (a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3. (b) The right to notice: (1) General.…
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Chapter 5. Evaluating Evidence And Making A Decision
Chapter 5. Evaluating Evidence and Making a Decision 1. Guidelines for Evaluating Evidence http://www.warms.vba.va.gov/admin21/m21_1/...v/ch05/ch05.doc
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Section A. General Information On Power Of Attorney (poa)
Section A. General Information on Power of Attorney (POA) http://www.warms.vba.va.gov/admin21/m21_1/...3/ch03_seca.doc
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tdiu Entitlement To Service Connection For A Low Back Disability,
Citation Nr: 0508095 Decision Date: 03/18/05 Archive Date: 03/30/05 DOCKET NO. 98-19 597 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to service connection for a low back disability, including secondary to an already service-connected left knee disability. REPRESENTATION Appellant represented by: Sean A. Ravin, Attorney-at-Law WITNESSES AT HEARING ON APPEAL The appellant, his spouse, and C. B., MD. ATTORNEY FOR THE BOARD J. Fussell, Counsel INTRODUCTION The veteran had verified active duty from September 1970 to September 1972 …
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Seeing The C-file / Obtaining Copies
I called the VA today (Chicago RO) about seeing my husband's C-file --and getting copies of a few of the documents. I was told to see the C-file I need to write a request for an appointment -and it will take about 6 months. The same for getting copies of any documents. -- write a request and wait 6 months. I told her my husband had requested these documents LAST summer. She checked his file status and said the status is "Privacy" - which meas it IS in the process of having the documents copied - and that I should receive them in 30 days. Does this seem accurate -- Would they still send copies of the documents requested if his case has been closed due to his d…
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Task Force
The full report is at the VA web site- Only 2400 comments were considered. It looks to me that the VA web site originally gave the suggestion that this report might not be completed until the end of May or even by July- yet it has been done already. Some of the recommendations are very good as to returning veterans- yet one part of the report reviews the claims process but it does not come close as to what a new veteran can really expect. And so far I cannot see where it advises new vets of their socalled Duty to Assist rights-fundamental to all claims. Many individuals commented to the Task Force about their own VA claims experiences and these went to anot…
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Service Connection Time Period Clarification?
Reviewing my disability ratings and wondered. I served during the prior to and during the Gulf War, but not "in" the Gulf War Zone physically. Saw three distinctively different time periods assigned to my SC ratings and they are correct. Peacetime Incurred, Peacetime Aggravation and Gulf War, Incurred. What if any bearing do these time periods have on me?thanks,cg
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Justice And Accountably At Its Very Finest By Our United States Government
fwd from: Kelley Veterans Issues – Justice and ACCOUNTABLY at its very finest by our united states government April 25, 2007 Below are some comments by leaders in Veterans Groups around the nation. I would like to add my dollar two ninety-eight comments as one who has fought the injustices with data, logic, rationale, stated scientific and legal misconduct, etc. Obviously, the Walter Reed issues by our media and our honorable politicians are now being swept under the old political magic carpet. Rise to put out the media brush fire and now back to the normal stump breaking of Veterans and their families. The Wa…
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Smc
Does any one have a link or downloadable copy of the compensation and pension, "SMC TRAINING LETTER"? The VA web site for comp & pension is down again. Also if a veterans is awarded SMC -k for loss of use-ED and then is SC'd for loss of use -drop foot- is the vet awarded another SMC-K or does the award change to a different level? If I remember correctly,a vet can have 2 K awards but not 3.
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Medical Records Destroyed After 7 Years, But Rating Specialist Wants Them
Chronological background Injured back three times in military, twice in 1971 and once in 1972. Could not find it in SMR's but have other proof; letter from CO, prescriptions, medical opinion from private Orthopedist 3 days after the last injury etc. Medically discharged for back condition 12/72 Filed claim 1973: denied because not in SMR's Reopened claim 11/01 Rating decision: No new evidence 3/02 New evidence received 7/02 Denied claim 10/02 NOD filed 10/02 BVA Appeal 9/03 Board hearing 3/04 Board remanded 6/05 AMC letter 6/05 C&P exam 10/06 Ratings Specialist 4/07 The board remanded my case on 6/05. In the remand it asks for medical records …
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Filing Claim Questions
I was just medically retired from the Air Force on 7 Apr at 50%. I was in contact with a state VA rep who was going to help me fill out the paperwork to get the claim started he said after I got my DD 214. I got it the other day and emailed him back and now he has had knee surgery and is out for an indefinite period of time. I printed off the VA 21-526 and looked at it. Should I just fill it out to the best of my ability or is there any other suggestions. Anything would be greatly appreciated at this point as I don't really know what to do. Thank you.
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Reconsideration
When my CUE was denied along with a claim for SMC I sent in a request that the VA reconsider it decision. This was not a NOD, but a request for reconsideration. I am waiting to see what happens next. I know my time frame for the NOD is still running. The logic for denying both my SMC and my CUE was so full of gross errors I am hoping that any person at the VA with more than a sixth grade education will see this and at least write a decision that makes sense.
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