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Clarification Of Va Laws/regulations?

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Vync

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  • Content Curator/HadIt.com Elder

In my state, I can send a letter to the Attorney General's office and request an clarification on how existing state laws should be applied.

Is it possible to request clarification of VA laws/regulations, other than by pursuing appeals through the BVA or CAVC?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

If the laws or regulations apply to you and your claim I think the only way to really clarify them is to appeal and fight your claim all the way through the courts. A bunch of BVA and COVC judges get paid to interpret all the rules and regulations as they are applied to vet claims. What you read in the regs and how they are actually applied is two ends of eternity.

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  • Content Curator/HadIt.com Elder

I know what you mean. I still wonder if anyone else has had any luck with a different approach without going through a grueling appeal. I thought about sending an IRIS request, but doubt it would help at all. Out of a dozen previous IRIS requests, I only received responses to two or three of them.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • Founder

The M21-1MR explains how the VA is suppose to apply the law, I understand what you are saying though there is no simple easy to understand the VA law. No layman's guide. The best I've found is the Veterans Benefits Manual

THAT'S WHAT M21-1MR IS FOR.

Tbird
 

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  • HadIt.com Elder

To anyone considering purchasing the VBM, the new 2011 edition is scheduled for publication, and should be shipping, in September.

Vync - You may be able to get some info from the regional counsel's office, located at your VARO. If you have a claim pending, I believe, you can also request copies of existing claims/awards that apply whatever rule you are wanting clarification of, thru a process called "discovery." This allows you to see how the VA is applying the rule. Berta may have better info on the regional counsel, as, I believe, she has had some dealings w/them.

pr

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"Berta may have better info on the regional counsel, as, I believe, she has had some dealings w/them."

Many , as recently as last year- and I even asked Jeff (the VA RC up here in NY) to be guest on a SVR show 2 years ago ago but he didn't feel he should do that. I promised I would do the interview and be nice to him and no one would give him a hard time.

The RC contact info for all RCs is here at hadit somewhere.

Also a few years ago when the accreditation regs came out in the Fed Reg I called up Mike Daugherty- VA Central- the lawyer from OGC who wrote these regs and we talked for a considerable period of time as I had some questions regarding those regs.

I believe if you call your RC who has jurisdiction in your RO area or the OGC itself they will gladly refer you to a lawyer who would willing discuss specific regs.They might prefer however to do it by mail.

When I called Mike- he was very receptive to me -I think because he said he was surprised an advocate from NY was actually reading his stuff in the Fed Register.I told him VA case law and regs are what I live for!

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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