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Vbm

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Berta

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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 by Berta
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I agree with Carly to a point but I do feel the VA should make the publication "available."

Jerr

Jerr & bronco,

The main point to consider is that the VBM is not either

a VA nor goobermint publication.

IT also IS NOT a NOT FOR PROFIT publication.

VA claims are Our Claims - so I myself do not mind at all

investing a few bucks in all of my claim issues.

There are several books published on VA Benefits/Claims Process

that can be purchased from $5.00 - $20.00.

They are not even comparable to the VBM, but they are out there for those

that for whatever reasons do not want to invest much into their claim issues.

For me - my claims issues are important enough to invest in that I would be

willing to spend a month eating Ramen Noodles, Pork N Beans and PB&J sandwiches,

just so I could purchase the most helpful material available for

getting my claim issues granted.

jmho,

carlie

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I am not disputing that the VBM can be worth much more than $200 to a Veteran seeking benefits. As I mentioned before, if you are dying of thirst, a glass of water can be worth thousands to you. That does not mean it is ok for them to charge you $10,000 for a glass of water, or a VBM. From what I have heard on this board, it is a very good idea to get your hands on a VBM. Maybe you can luck out and your VSO has one you can read over, and copy any pages you need.

I really dont need the whole thing..just the EED and informal claims part.

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  • HadIt.com Elder

Here is a "Larry, The Cable Guy" hint:

Most ALL of your VA Medical Centers have a library of VA publications, and, yes, you as a vet can use that library.

I believe the one at the VA Med Center in Dallas HAS the VBM! It is a LARGE library, it astounded me when I "found" it!

And, no, it isn't the candy-stripers magazine cart.

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  • HadIt.com Elder

The VBM is really a book written by advocates for advocates. My lawyer refers to it. It is full of case law and precedents. Your local VARO would not even understand the concept. It is not just a book of regulations, but of arguments made by legal professionals. It is not the CFR.

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I am not disputing that the VBM can be worth much more than $200 to a Veteran seeking benefits. As I mentioned before, if you are dying of thirst, a glass of water can be worth thousands to you. That does not mean it is ok for them to charge you $10,000 for a glass of water, or a VBM. From what I have heard on this board, it is a very good idea to get your hands on a VBM. Maybe you can luck out and your VSO has one you can read over, and copy any pages you need.

I really dont need the whole thing..just the EED and informal claims part.

bronco,

Most people don't want the whole VBM, until they buy it

and if I had that glass of water - I wouldn't sell it for any price.

Your thinking kind of reminds me of, say I invented something

that had a one time use,if people used it just one time, it would make

your car get 500 miles to the gallon forever and I market it for $500.00.

So you email my company and say I like your product and I would like

to have it but I feel your price is way too high.

Can you make and sell me a version of your product that only increases

my gas to get only 100 miles to the gallon and I will pay you only $100.00.

The printing of the manual alone has to run at least $60.00 for each book.

I'm sure there are also some royalties that must be paid each year the

VBM is issued.

The other option's I look at are:

1) the law of supply and demand

2) the market will pay - what the buyer is willing to spend.

jmho,

carlie

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