Resources (((Read This)))

[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

[carlie]

38 CFR and 38 USC is always available on line at no charge.

[Revelation]

I wanted to add some information here. If an injury occurred which required hospitalization while in the military and the VA states there are no records, a way to prove absence from duty due to the injury is through your morning reports. Request your morning reports through the National Records Archive http://www.archives.gov/veterans/ , through the Secretary and his "Duty to Assist", or through your representative.

Many published Army Regulations can be found here: http://usmilitary.about.com/od/armyreg/Army_Regulations_and_Field_Manuals.htm Make sure that the regulations you are looking at fit your "time" of duty and that they have not been superseded by a change that does not apply to you.

Information about Army Policies for Separation: http://www.armywell-being.org/skins/wblo/display.aspx?ModuleID=77a35404-a7b5-4da5-829f-52f412d3328e&Action=display_user_category_objects&CategoryID=169499dd-24cf-46c0-b6f4-5dece3f6db46 Sometimes not following United States Armed Forces policies and procedures can cast fault on the part of the military or "reasonable doubt" in cases where policies plays a major roll in a claim.

Request your DD214a This is a "worksheet" which was prepared upon discharge and may contain pertinent information.

United States Military Publications and Regulations

http://usmilitary.about.com/od/publicationsregulations/United_States_Military_Publications_and_Regulations.htm It may prove worth your while to research regulations.

Information and resources about United States Military Publications, including official publications such as regulations and unofficial publications such as military-related magazines and newspapers. DOD Directives are shown below. Other service's regulations and manuals are in the sub-categories.

• Air Force Regulations (134)
• Army Regulations (248)
• Coast Guard Regulations (85)
• DOD Pay Regulation (108)
• Magazines and Pubs (39)
• Navy Regulations (81)
• Reserve Regulations (3)
• USMC Regulations (140)

[broncovet]

Thank you, Revelation

There is information in your post I consider helpfull. For me, I am service connected, seeking an Earlier Effective date. Have you researched this? (EED)

[Revelation]

Thank you, Revelation

There is information in your post I consider helpfull. For me, I am service connected, seeking an Earlier Effective date. Have you researched this? (EED)

What the VA considers "effective date", is the date in which you first applied for a claim which you probably already knew. In the information previously posted regarding policy/procedure or army regulations which were not followed is the only way I know to get an earlier effective date. You have to place blame, beyond a reasonable doubt on the VA. For example, the best way to know if the VA followed all the rules is to go to various websites, especially those which tell regulations, policy and procedure: http://www.apd.army.mil/jw2/xmldemo/r135_175/cover.asp Army National Guard and Army Reserve Separation of Officers

It takes a lot of research and time to try to find the smallest hole. If you are a combat veteran and make a claim and there is no adverse evidence to rebutt your claim, the law states the evidence is in your favor (see previously posted). I am currently working on the retroactive pay and earlier effective date. If the answer is out there, I will find it and keep you in mind. Keep checking back at this post. As I find things, I will post them.

[Revelation]

Thank you, Revelation

There is information in your post I consider helpfull. For me, I am service connected, seeking an Earlier Effective date. Have you researched this? (EED)

I would request that you write me privately regarding your disability so that I know if I run across a policy which may have affected you that may have been violated. If you were considered undeployable while in the military, then there may be grounds for retroactive pay. The DD214 has several copies and the first copy does not have the same information as the following copies as I saw in a Army Regulation. The regulation stated to give the first copy to the veteran, then to add certain information on the others which go to various sections. An example of a policy is the following: http://www.dtic.mil/whs/directives/corres/pdf/649007p.pdf

PROCEDURES

1. PERFORMANCE OF MEDICAL ASSESSMENTS. All DoD personnel serving in a

contingency deployment as defined in section 3 of the front matter of this Instruction must

undergo a medical assessment prior to deployment in accordance with subparagraph E4.A1.1.1.

of Reference (l). The mandatory portions of the assessment are:

a. Completion of DD Forms 2795, “Pre-Deployment Health Assessment,” and 2766, “Adult

Preventive and Chronic Care Flowsheet” (available on the Internet at

http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm). Except for Coast Guard

personnel, completed copies of both of these forms must be submitted to the Defense Medical

Surveillance System and included in DoD personnel deployment paperwork, and shall serve as

the deployment medical record. For Coast Guard personnel, the DD Form 2766 shall be placed

in the member’s health record, but all other procedures for Coast Guard personnel shall be as

described in this Instruction for DoD personnel.

b. Medical record review.

c. Current periodic health assessment (Service members only).

d. Physical exam within 1 year of deployment (DoD civilian employees only).

To be continued...sorry, I am at work.

[Revelation]

http://www.policyarchive.org/handle/10207/bitstreams/19883.pdf

Veterans Affairs: Benefits for

Service-Connected Disabilities

Douglas Reid Weimer

Legislative Attorney

June 16, 2010