Vbms From Nvlsp Are Out

[Berta]

I just got mine in the mail.....from Lexis Nexis....

Yum Yum, haven't had time to even open the box.....

Anyone else get theirs yet?

[Philip Rogers]

Lucky you, Berta!!!!!!!!!!!!!!!!!

pr

[NavyWife]

Anything exciting new this year?

[ArNG11]

I haven't yet. Is there any major changes with this edition?

[Berta]

Yes...The Hagel Memo discussed on our Nov 5 radio show.I think it is quite a biggy and could affect thousands of Vietnam Vets with PTSD who got OTHs.

(I also see a future potential for the VA MH only PTSD diagnosis to change ( discussed also on the show and I will discuss with NVLSP next week.)

Something scary ..the BVA can overturn a favorable RO decision....

New case law info as to how a claimant can rebutt any VA medical opinion as "inadequate"

New TDIU procedures....hmmmmmm???

The new "Bright line" rule re: assignment of the higher of two ratings.

and more.

NVLSP has allowed me from time to time to post limited and verbatim info from the VBM.Such as what verbage they recommend putting on all I-9s.

Here somewhere....I am glad I used it.

I am not allowed to scan, or copy much more than limited sentences here and there due to their copywrite law.

And out of context I hesitate to even do that.

It has been one of the best investments I have ever made, since 1991 when I first started getting the VBM.

I have been a claimant many times for twenty years and have not lost any of my claims.

[broncovet]

Wow. Berta posted:

Something scary ..the BVA can overturn a favorable RO decision....

This IS scary. I seem to recall, in the past, the appeals courts were forbidden from granting fewer benefits than the Veteran had before appeal. That is, the BVA is "non adversarial" and can ONLY grant more benefits or leave them the same, they can not take any away that was awarded by the RO.

Some VSO's have told Veterans, "Dont appeal..you could lose what you have." And this was largely a farce. However, it sounds like the Board can do exactly that. Im gonna try to find where it says the Board cannot do that (take away Vets benefits given to him with a RO decision) , but others may know off the top of their head.

[Berta]

When I have time I will post more on that....NVLSP gives lots of citations and those ,if CAVC or precedent OGC decisions, will help us understand that

I can post anything that is public ,as far as citations go.

This is another good reason to use the VBM. They have done so much research for us already, that anyone with a similar issue that they might develop advice on , as far as claiming it, can read their citations,by googling them and perhaps use the same case

to bolster their claim.

The VBM makes the point that a BVA decision is, in essense, a de novo review.

I sure know that is a fact. It is a completely new look on the Claim and the C file,etc.

The BVA lawyers have superb law clerks working with them so that no stone gets unturned as far as evidence goes.

I had 2 BVA cases and BVA found ALL of the evidence VA had completely ignored.,in spite of 2 DRO reviews and 3 IMos regarding one of my claims.

I stated all of that evidence on my I-9, as well.

and sent additional evidence directly to them when I got a docket number.

Our frustrating remand problem started when the VCAA was not properly utilized by the ROs.

They are still failing to always address that DTA reg properly but have done Much better in the past few years.

It is the first thing the BVA looks at.

And it should be the first thing we and our vet reps all go over very carefully and make sure it complies with the VCAA.

I asked for a remand from the BVA myself because my VCAA letter was ridiculous, They agreed.

They (RO)never changed the VCAA letter on remand however....but that didn't matter because my evidence overwhelmed any of it's deficiencies.

It pays to list and highlight your evidence at the end of your I-9 statements.

I have done that ( it was a very long list sometimes) on everything I ever sent to my VARO as well.

I have 3 claims pending ( thought I had 2) and per 800# , and a pending BVA appeal (no response yet from their ombudsman on that) I dont have the slightest idea what that appeal is for, but told the BVA I would LOVE to be there because the BVA can READ.