Legal Answer Question - Need Help Asap - Thanks

[carlie]

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]

I am so freaking angry right now - if I could

get up on the third floor - I just don't know how damned crazy

I might actually get.

This issue with VA is not done and it will be righted !

Bye for now to all.

Have a relaxing and safe holiday.

See you later.

[Gulfvet45]

My oldest sons BC does not have my name on it. I never marred the mom. I had a CO Child support and never missed a payment,

If you have a court order, or P-test, that will work as I never had a copy of the BC of my son.

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]

My oldest sons BC does not have my name on it. I never marred the mom. I had a CO Child support and never missed a payment,

If you have a court order, or P-test, that will work as I never had a copy of the BC of my son.

That does not apply to me - I am the birth mother of the child - I am the veteran.

[broncovet]

Carlie

I provided a link to the M21 which effects "Liberalizing laws" on your retro.

[DOC]

Part III, Subpart vi, Chapter 08. Miscellaneous Authorization Issues

In part, it states:

The provisions of 38CFR 3.114(a) for retroactive benefits apply to personswho become entitled to initial or increased benefits solely becauseof liberalizing changes in law or administrative issues.

To be eligible for retroactive awards,the claimant must meet the requirements of the liberalizing law orregulations

• on the effective date of the liberalizing law or regulation
• on the effective date of the award, and
• during the entire retroactive period.

Note: These requirementsapply equally to pending and previously denied claims.

end of regulation quote.

Since apparently there was a "change in law" (according to Basser, the law was changed in 1987, and since this would be a "liberalizing" law in that it would be more Veteran favorable, it should go in your favor)

In short, I think it means you get your money for dependents. JMHO.

Edited November 23, 2011 by broncovet

[john999]

On a lighter note this reminds me of the woman who is asked by a judge if she has any children and replies "Not as far as I know".