Changes in Regulations, watch for "gotcha's"

[broncovet]

Watch out for the "Gotcha": Did you read the regulation as "only" applying to a "child of a Vietnam or Korea Vet"?   It isnt.  See the word "OR".  YOU (if you are receiving compensation OR pension OR DIC) should get the benefits of a "liberalizing" law, that is, a law change in the Vets favor. 

§3.114 Change of law or Department of Veterans Affairs issue.

 

(a) Effective date of award. Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 for an individual who is a child of a Vietnam veteran or child of a veteran with covered service in Korea is awarded or increased pursuant to a liberalizing law, or a liberalizing VA issue approved by the Secretary or by the Secretary’s direction, the effective date of such award or increase shall be fixed in accordance with the facts found, but shall not be earlier than the effective date of the act or administrative issue. Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 for an individual who is a child of a Vietnam veteran or child of a veteran with covered service in Korea is awarded or increased pursuant to a liberalizing law or VA issue which became effective on or after the date of its enactment or issuance, in order for a claimant to be eligible for a retroactive payment under the provisions of this paragraph the evidence must show that the claimant met all eligibility criteria for the liberalized benefit on the effective date of the liberalizing law or VA issue and that such eligibility existed continuously from that date to the date of claim or administrative determination of entitlement. The provisions of this paragraph are applicable to original and reopened claims as well as claims for increase.

 

(1) If a claim is reviewed on the initiative of VA within 1 year from the effective date of the law or VA issue, or at the request of a claimant received within 1 year from that date, benefits may be authorized from the effective date of the law or VA issue.   (Notice it does not say VA has to review to see if the new law gets you more benefits, its says if they do, you can get an eed) 

 

(2) If a claim is reviewed on the initiative of VA more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of administrative determination of entitlement.

 

(3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request. (Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5110(g))

Did you catch the Gotcha??  If the VA does not initiate a request and YOU dont know about the new law, you can only get a year back pay. 

Edited November 16, 2015 by broncovet

[Berta]

The new VBM by NVLSP has arrived and that also has all updates to any VA Regulations.

If you are registered with a Lexis Nexis account you should receive it soon.

Good info Broncovet.

 

[broncovet]

Berta, 

   Is this the 2015 VBM or the 2014?  I have the 2014 version, and I did not think the 2015 version was out yet?  

[Berta]

It is the 2015 version.

They have info on the new NOD form,updated contact info for VARO directors etc, new info on inferred claims not specifically expressed by the veteran, the Vietnam Harbor AO situation,  C 123 info (AO) ,updates on the Camp Lejuene Families Act of 2012 and other stuff.

Because I had eye surgery, they aren't adjusting my reading glasses until December and I am suffering from eye fatigue- brightness of everything from cataract removal...even with sun glasses on inside so I have not read anything in detail in the new VBM yet .

I am sure their section on CUE is as good as it always was and maybe that part is updated too.

The failure of many VS0s to provide adequate representation is due, in part, in my opinion, to their reluctance to purchase and use the VBM.

 

 

 

 

 

[broncovet]

Yes, I agree, its a very sad situation where VSO's pay their head honchos 300k per year, but wont buy a VBM to properly advise Veterans.  It demonstrates to me that the VSO organizations are not all that interested in helping Veterans, they are much  interested in collecting big salaries for top dogs.  

Many or most of the frequent VSO mistakes are addressed by the VBM.  

Edited November 17, 2015 by broncovet

[Andyman73]

BroncoVet,

What is pertaining to? I am a disabled Veteran child of a disabled Vietnam, combat injured, longevity retired Veteran.  Not that it makes me special in any sense of the word, and my AO/spina bifida claim is buried somewhere on the back 40.  But is this related only to that, or what?  Thanks

Andyman

[broncovet]

38 CFR 38 3.114 applies to the Effective date of benefit awards, and your retro payments when there is a "change of regulations".   It applies to ANYONE who gets benefits, not "just" children of Vietnam or Korean Vets.   The wording is confusing, but notice the "Or".   

Edited November 17, 2015 by broncovet