Va Internal Operating Guides - Where Do You Find Them?

[tssnave]

Where can I find the VA Internal operating guides? Please provide either web address(es), the page(s) from the Veteran's Benefits Manual (VBM), or the location on the NVLSP Lexius Nexius CD that I'm still trying to figure out how to use.

In another post (After June 20, 2007, Disabled Veterans Will Be Able To Hire An Attorney Much Earlier) Ricky mentioned using the VA internal guides but I have never seen one.

I am getting ready to work on my actual NOD this week and would like to have access to these VA internal operating guide but don't know how to find them.

Also, do you quote these guides in your NOD in the same way you are supposed to quote the VA regulations and VA case law?

Thanks,

TS Snave

Edited June 10, 2007 by tssnave

[Berta]

The Attorney for Vet regs are in a link in this topic:

http://www.hadit.com/forums/index.php?showtopic=10866

And at NVLSP -they arent in the 2006 VBM

I think you mean M21-1.

If you go to the VA web site or just google M21-1 and then a search item like rating board etc-

The M21-1 regs will pop up regarding that issue but you might have to refine your search.

I use M21-1 more than 38 CFR sometimes regarding claims NODs etc.

On the NOD-

State that you disagree with their decision of (date) regarding( the issue or issues)

Tell then exectly why and how the medical evidence should warrant a different decision.

If you supplied evidence that they failed to consider and they said they did not extend to you Benefit of Doubt-make sure they know that you are aware of the evidence they failed to consider and in my opinion you should attach it again to the NOD with anything whatsoever that is additional evidence they should consider.

It pays to check the VCAA letter as to what the VA said they needed from you and other entities--

If VA said you needed a buddy statement-this is what you needed to get and send them-

If VA said they were obtaining your private med recs -make sure they did and are considered in the narrative of the decision.

Go over the Evidence they list in the decision and make sure that in the narrative VA actually considered it all.

I am used to receiving SOCs that lists some of my evidence and then they never use it at all in the decision-

mention that if it happened-in the NOD and attach what they have listed but have not considered.

M21-1 is a large manual and I have sent a few pages of it in support of my CUE claim.

There is nothing better than fighting this war of the words with Their words.

cant help on the VBM CD question-I use the VBM book.

On the NOD- one more thing- the NOD should be specific and not a long rendition.

State your believe that the decision is wrong with confidence and back your statements up with refering to the medical evidence in the clinical record as well as to any reg in 38 CFR or guideline in M21-1 that supports your position.

And ALWAYS get the dated proof of mailing-especially for NODS-

My RO is over a year behind on reading NODS- they color code them by the month when they come in and then a year later they know which ones have sat there for a year already and then they get to them-

yet if the claimant files a day short of the NOD time frame they are screwed.

Not fair but the way the system works-

One year from date of decision for receipt of the NOD- no ways around that.

Edited June 10, 2007 by Berta

[tssnave]

Berta,

Thank you for the quick, informative post. You really are a hadit anchor and I appreciate your assistance.

I did talk to one of Ron's cohorts at the NVLSP and he, like you, said to keep it specific and not a long rendition. He also said to quote case law in my NOD. As an example he said to cite Mauer as a reminder to the VA that the rating schedule is not an exhaustive list and you don't have to have every symptom to get a particular rating.

Do you cite case law in your NODs in addition to referrring to the medical evidence in the clinical record as well as any reg in 38 CFR or guideline in M21-1 that supports your position?

Thanks,

ts

[Berta]

Oh yes many times- the VA denied my husband's 100% for PTSD claim and I cited Washington V Derwinski and others similiar-

Rods SSA award was for PTSD and WAshington V Derwinski established VA case law that SSA records must be considered in all 100% or TDIU claims.

Mauer? maybe Myler?

do you have this actual case link?

The only thing wrong with citing VA case law is that VA can say the case is not specific to the claimed disability- however-

to make a point about the VA's use of 38 CFR-it can work real good.

In a NOD I did for my daughter I cited and sent the whole reg in 38 CFR and M21-1 as to when a veteran is eligible for Chap 35-they have to add in their period of military service to the entitlement date.

They were going to give her one month of Chap 35-

3 weeks after getting the NOD and telling them to read her DD 215-

they sent her the eligibility extending the benefits for 7 years.

On my CUE -not an NOD yet- but request for reconsideration-I sent them an OGC pres Op as well as M21-1 regs and 38 CFR regs to support my claim.They were all specific citations regarding the VA's legal error in a past decision.

Edited June 10, 2007 by Berta