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Question
Revelation
I have been reading various claim information, questions and request for assistance. It was easy to see that I would have to be here all night to help each individual so I am sharing some very helpful information with you. This information comes from nearly 20 years of researching a case for a solider who was injured in Korea and most likely has one of the oldest and substantial claims on the books to date. I am not a Lawyer, just a daughter. There will be a lot of information here.
1. Invest in a Title 38 Law Book and read every page. If you are unable to afford it, see the Cornell Law website for the laws: http://www.law.cornell.edu/uscode/html/uscode38/usc_sup_01_38.html AND http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title38/38tab_02.tpl There is C.F.R (Code of Federal Regulations) and U.S.C (United States Code). Know both of them inside and out. Learn legal terms.
The following Laws pertain to veterans seeking benefits. The VA expects that you do not know these laws and that is how cases are drug out so long that veteran's die or give up. Even if you have a representative, do not believe that they know or will use these laws in support of your case.
2. If you are 70 or 75 years old or older, (there is a discrepancy in actual age ACCORDING TO DIFFERENT TEXT) your case has to handled in an "expedited" manner. http://docs.google.com/viewer?a=v&q=cache:z7SWYTOrrJMJ:www.bva.va.gov/docs/VLR_VOL2/Copy2--MarcyKreindlerandSarahRichmond.pdf+veterans+law+expedited+age&hl=en&gl=us&pid=bl&srcid=ADGEESiI6EvhEDVoua-jGIrq2MGuOg3tqKpcipsbwoNTnCeXbzkd7q2W5p5J7F05CtEA1D-ZCeWsNovOWRbVsHJdzkhthy3TUy_xuge3CLEJF1CSJvS-JjqmB_OmJcdLgV2M9s2oMJE0&sig=AHIEtbTJWg75VF0apbs7YQzTfWrT0LGzmw
3. A REMANDED case has to be handled in an expedited manner as well. USC Title 38 7112
4. The Secretary has to share the burden of proof and has a Duty to Assist claimants in securing records related to their claim. Make sure you cite this law when making your request for assistance. If the request is ignored, you may have grounds for CUE's or Clear and Unmistakable Errors, which will be covered momentarily.
http://www.veteransdisabilitylawyersite.com/duty_to_assist.html
The VA Duty to Assist in Getting Records for a Veterans Disability Claim.
"The Secretary must make reasonable effort to assist claimant in obtaining evidence necessary to substantiate the claimants claim for benefits under a law administered by the secretary." 38 U.S.C. 5103 A. The standard by which the VA must apply this is slightly different depending on whether the records sought are federal records or not.
For federal records the VA must make continued reasonable effort to try and obtain those records. The VA can stop pursuing the records only after they are reasonably sure the records the records don't exist or that a continue effort to get the records would be futile. 38 U.S.C. 5103 A (b)(3). Even if VA for the above reason stops attempting to get records they have an obligation to notify the claimant and inform the claimant of possible alternatives to those records.
5. USC Title 38 7111 ( TITLE 38 > PART V > CHAPTER 71 > § 7111)
Revision of decisions on grounds of clear and unmistakable error
http://www.law.cornell.edu/uscode/38/7111.html
It is important to take the time to read this, especially if your case has been denied. This IS an important law.
6. Regarding injury sustained while in the Armed Forces of the United States: TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER VI > § 1154
Consideration to be accorded time, place, and circumstances of service
(a) The Secretary shall include in the regulations pertaining to service-connection of disabilities(1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and<a name="a_2">(2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; 98 Stat. 2727).Continue reading: http://www.law.cornell.edu/uscode/search/display.html?terms=38%201154&url=/uscode/html/uscode38/usc_sec_38_00001154----000-.htmlAnd this information has a lot to do with Vietnam Veterans: http://www.law.cornell.edu/uscode/search/display.html?terms=38%201154&url=/uscode/html/uscode38/usc_sec_38_00001154----000-notes.html
For those of you who have missing military records of any kind or have been told your records "burned up" in St. Louis...If you are a combat veteran and have a CIB or actually fought, you will be amazed to read this law. In the absence of evidence:(b) In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.
See the other laws below:
TITLE 38 > PART II > CHAPTER 15 > SUBCHAPTER II > Non-Service-Connected
§ 1521<h2 class=catchline" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; font-weight: normal; display: inline !important; "><h2 class="catchline" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; font-weight: normal; display: inline !important; ">. Veterans of a period of war
</h2></h2>
§ 106. Certain service deemed to be active service
§ 1111 Presumption of Sound Condition When you entered you had a physical exam which stated "SOUND CONDITION"
§ 11110 Basic Entitlement
§ 1112 Presumptions relating to certain diseases and disabilities
Thank you for all you have done and continue to do. I might be able to help medically to connect the injury sustained in the military to current problems on a case by case bases. I work full time, long shifts and will do what I can. Thank you ~Revelation
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