Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Clarification Of Va Laws/regulations?

Rate this question


Vync

Question

  • 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.

 

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

  • 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.

Link to comment
Share on other sites

  • 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.

 

Link to comment
Share on other sites

  • 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
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

  • 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

Link to comment
Share on other sites

"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.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use