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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 think the VBM is worth whatever they charge, period.

For those seeking another resource or for those who cannot afford the VBM or are overwhelmed by the size and scope of the VBM, I suggest The Veterans Survival Guide and Claim Denied by John D. Roche, a former VA rater (DRO, I think). He has written excellent guides that sell for less than $20/ea. They are small and easy to read and understand and they are a powerful resource. I wrote about them in a previous thread which has links to purchase them:

http://www.hadit.com/forums/index.php?show...c=23487&hl=

The VBM is a great resource and as Berta has shown us, is now being recognized in the courts. John, since the courts are now citing the VBM I would think the VAROs are going to have to start recognizing it (or just ignore it like they do the M21-1MR and CFR).

For the member who thinks the BA should make the VBM available to vets, in a sense, they have since the M21-1MR, CFR, and court cases can all be found on the VA website. But someone like me who has very limited internet/pc skills is lost on the VA website. I can't figure out how to drill down to find stuff. More than once I've requested a court case that I simply couldn't find and a hadit member will come up with it in minutes. The internet doesn't always make sense to someone who has problems ordering their thinking and that would not just be those of us with some mental illness but also the young TBI vets.

What makes the VBM so powerful is its ease of use to the common person. You don't have to be a computer geek or have a PhD, MBA, or whatever initials you get with a law degree. The subjects are arranged topically so you don't have to drill down 18 layers into the VA website to find something relevant to your claim. Also, if you get the CD, at the bottom there are links to the actual CFR and M21-1MR. It is really slick. And if I can use the CD it has to be easy as I'm not known for my pc prowess. I use the hard copy VBM to look stuff up and then use the CD to print it and get the underlying regs.

However, I also appreciate that not everyone can afford this resource, especially while they are working their claim. I'm in the PB&J camp with Carlie, though, because I know firsthand how valuable it is. When I was working my claim someone would post something and I could look it up once I had an idea what I needed to be looking at. I'd never heard of "Individual Unemployability" for instance so wouldn't have known to look that up on the VA website.

Folks post what they believe to be correct and the VBM is a good tool to confirm that the information you get is correct and still current (what might have been true several years ago about stressors working a PTSD claim may not be true today and the vet who's claim is over may unwittingly give out information no longer correct).

Plus, I actually called the NVLSP folks when I was working my claim and a young lawyer told me to quote Mauer (sp?) in my NOD which I did. While I don't know how much that particular line in my NOD was weighted, I did appreciate that he told me to call back if I didn't win my claim. I did prevail (after 2 appeals) and when you go from denied service connection to 100% P&T you appreciate all the resources that got you there and this website and the VBM are right up there.

If you have an open claim, my advice is to get the VBM as well as Roche's two books and The Veteran's Advocate newsletter. If funds are limited then at the minimum get Roche's books. IMHO all these resources are money well spent.

Thanks,

TS Snave

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I think it's adequately priced. I think I paid around $150 with tax give or take a little. I know if it was over $250 I wouldn't have parted with my dough.

I noticed in it there was stuff that was enlightening but there is a lot of info that was redundant that I already knew. I wish they would add more "example nexus letters" and "letters for increase" so the average joe knows what format the VA is looking for and verbage.

Having the new volume is nice since it does have some new info that helped me like changes to how the VA evaluates scars.

Jerr

I think the VBM is worth whatever they charge, period.

Thanks,

TS Snave

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Haven't been posting much these last few weeks . Got my 2009 BVM. I graduated school barely opening a book but now, nearly 50 years later, I'm a book worm. This book is worth every penny I paid and much, much more. I have hearings on 2 NODs coming Feb. 25th and I have only one thing to say to the DRO. With the help of this book, "PREPARE TO BE STEAMROLLED!!!"

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