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

[LarryJ]

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.

bronco,

I'm not ignoring you. It's just that, unfortunately, my VBM is in my office at the VAMC not at my home (where I happen to be at the moment, and won't be back to the VAMC until Tuesday morning. If you haven't had an answer from one of our other members by then, then I'll find the info that you need and get it to you Tuesday evening, okay?

LJ

[halos2]

Watch out on ebay or amazon for used copies. Tha's how I got my used copy on ebay...it was 4 years old and with shipping I bought it for $8.95. Since then there have been updates but others here can fill you in if the reg has changed. Once last yr I posted the VA Physician/examiner should help the vet with their IMO, but that was changed a few yrs ago. Nope they don't have to, as we know they never really wanted to anyway.

[carlie]

bronco,

Here's a link for 2008 editions at $147.00 and 4 bucks shipping.

carlie

http://www.amazon.com/gp/offer-listing/142...;condition=used

[jerrbilly]

I have the 2009 ed but 2008 is pretty much the same except for a few things like scar rating changes and a couple other things.

I would scan the eed section but I don't have a scanner. Sorry

Jerr

bronco,

Here's a link for 2008 editions at $147.00 and 4 bucks shipping.

carlie

http://www.amazon.com/gp/offer-listing/142...;condition=used

[broncovet]

Larry...

Thank you for your kind offer, and I will accept your generosity, in part because I think it will benefit other Veterans. I am frankly very upset that Veterans must pay for a book that will help them get the benefits they deserve, as I certainly think it should be provided at no cost. (Its almost like those people who "help" Veterans for a fee. This demonstrates to me that VSO's generally are not doing their job..if they were, why would a Veteran pay for help, when a VSO does it for free.)

On the other hand, I really do appreciate the authors of the VBM and realize they do deserve to be compensated for their labors. Still, I think about $200 for the VBM even tho I wont dispute that it can easily be worth much more to a Veteran, is big time excessive.

In a similar way, a man dying of thirst on the desert would likely pay all he had for that glass of water, but it is unconscionable for people to charge thousands of dollars for a glass of water, just because they can.

The VBM is just like the glass of water above. To store the VBM electronically, and allow it to be downloaded, or burn it to a DVD, would cost less than a dollar. A 500% markup, and the DVD/ electronic download version of the VBM would sell for $5.00. But to charge a disabled Vet $200 plus for an electronic/DVD version of the VBM, is taking advantage of a disabled Veteran big time.

[Pete53]

I don't think that you really appreciate the work and expense of preparing a book like that. I believe that the Lawyers who write the book turned it over to a third party in order to get more out.