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Legal Answer Question - Need Help Asap - Thanks

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carlie

Question

Could someone please tell me, with the information below.

How far back is the underlined supported by this reg.

I need to know if this reg was in effect in 1978 or 1980.

Thanks so much.

§ 3.210 Child's relationship.

(b) Illegitimate child. As to the mother of an illegitimate child, proof of birth is all that is required.

Cross Reference:

Evidence of dependents and age. See §3.204.

[26 FR 1573, Feb. 24, 1961, as amended at 27 FR 1899, Feb. 28, 1962; 28 FR 2959, Mar. 26, 1963; 38 FR 871, Jan. 5, 1973; 47 FR 28096, June 29, 1982; 52 FR 19349, May 22, 1987; 59 FR 46338, Sept. 8, 1994]

Carlie passed away in November 2015 she is missed.

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  • Content Curator/HadIt.com Elder

I do not see any date restrictions as written, but recommend researching the amendments listed at the bottom. You might also want to look at the regulations before or after 3.120. In some cases they may apply time limitations.

"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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I do not see any date restrictions as written, but recommend researching the amendments listed at the bottom.

You might also want to look at the regulations before or after 3.120. In some cases they may apply time limitations.

Vync,

Thanks for the reply.

This is stuff I'm not familiar with - amendments / revisions, etc...

That's why I'm asking for help.

Carlie passed away in November 2015 she is missed.

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Carlie- I couldn't find those amendments at all- but the VBM on page 532 states the same criteria as you did.

All that seems to be required is proof of birth because that proves the veteran is the "biological" parent and whether legitimate birth or not-

I have never seen the VA question anyone as biological parent with proof of birth of a child and I agree Vync that there is no time limit in the present regs.

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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  • HadIt.com Elder

Here azre the change dates. May 22, 1987; 59 FR 46338, Sept. 8, 1994]

You need to find the part 3 prior to the dates to check if theswe actually changed or were revised.

It may require a trip to a library.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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I had my Honorable discharge in 1978.

Was having frequent Gran Mal seizures.

Admitted to VAMC hospital several times.

VSO came to my hospital room and I filed my 21-526.

Got denied - filed a NOD - had a hearing before a five member panel.

In 1980 they granted SC at 40% - effective day following separation.

About 2 month later (I have my date stamped copies) I submitted 21-686c

my daughter's Official Government Birth Card from Division Of Vital Statistics.

Months later I got a letter back from VARO - they must have Official Birth Certificate

I go get raised seal Birth Certificate and submit it - I have date stamped copy.

Months later I get a form letter from VARO stating - stating they now need

Certified copy of public record of birth or a copy of the record of baptism

(showing the names of both parents for your child).

I submit letter to VARO stating that is the only Birth Certificate of record

and that my choice when she was born was to NOT state who the father was.

By now we are in 1982 and for the next 4 years this dog and pony show continued.

This is why I'm trying to find out if that part of 38 CFR 3.210 was in effect at that time.

I think the reason they would not accept the Birth Certificate is that on an internal

VA "Control Document And Award Letter" (form 20-822a) they marked me as a male,

thereby trying to force me to come up with the same type of evidence to show relationship,

that was to be applied to the unmarried, male, veteran, father of child.

This issue is under remand from BVA and Mr. VARO called me up about it and we are trying

to get this error corrected.

Carlie passed away in November 2015 she is missed.

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