NVLSP reminder on 2016 changes to M21-1MR

[Berta]

My 2018-2019 VBM just arrived!  Merry Christmas to me.

I assume we do have the newest  2016 version of M21-1MR here-

and the older version is  still applicable to other claims depending on when they were filed, etc.....

Also on page 1146 (Part 14.5.9.3) of the 2206 pages, under the CUE stuff, which has not basically changed in decades,  as to CUE regs,  they did add some more info, and they remind right away, that OGC Pres Ops Must be applied, to claims that -like mine , 5-6 CUEs which are pending and which  rest on a OGC Pres Op, and they are established VA Case law ( unless rescinded or altered by OGC in any way)- which I have never seen happen.

The book is much heavier than the old version since 1991 and I might need help from my Neighbor to hold it so I can scan page  1146, to support my claims.

It is more delicious ,to me, than:

, ,,,, and a nice steak!

I am glad it came fast as I am working on a CUE for a member here.

Quote

 

 

Edited December 21, 2018 by Berta

[vetquest]

How does on get this book?

Thanks in advance.

[broncovet]

You get the VBM by ordering it.  Its around $213, but there may be ways to get a discount:

https://store.lexisnexis.com/products/veterans-benefits-manual-available-in-print-or-ebook-skuusSku12734?gclid=Cj0KCQiAgf3gBRDtARIsABgdL3mUYw52HJtTSqaVizXtCo-7p7NkC90LN8PcOEIZO6hAsGLMJUMR8FcaAgbFEALw_wcB

[Berta]

I get it from Lexis-Nexis-the customer service # is 1-800-833-9844.

The price is 213.00, plus S & H 26.10 and tax -13.63 , and with my discount , I pay $ 210.13.

I dont think you have to pay it all at once- not sure.....Vetquest , you help and encourage lots of of members here.

If you call them, you could give them my name, Berta Simmons, and my Notice # 05757533, and they have my contact info and maybe  they would call me to verify you should get the discount.I got the VBM about 4 days after I ordered it. NVLSP gave me the discount long ago- I don't remember who at NVLSP did that-

Also it is probably available at amazon and they might have reduced prices there on older copies of the VBM.

NVLSP also offers a Basic Training Course on VA claims. It is 150.00 - I took this course in 1997- same course the vet reps take. They send a nice Certificate you can frame.

https://www.nvlsp.org/

Here are some of their current issues:

17 Dec 2018

The Biggest Access To Justice Decisions Of 2018

16 Nov 2018

NVLSP Dismayed Over GAO Report on VA Disability Exams and the Need for Improved Performance Analysis

13 Nov 2018

NVLSP Raised Over $600,000 to Support Pro Bono Advocacy for Veterans & Their Families

12 Nov 2018

VA hit with lawsuit claiming 1,000s of vets never received medical reimbursements

03 Nov 2018

Many Vietnam Vets Don’t Know They Now Qualify for Agent Orange Benefits

(from above link)

Here is info on their Class Actions:

https://www.nvlsp.org/what-we-do/class-actions/

n October 30, 2018, NVLSP filed a class action lawsuit in the U.S. Court of Appeals for Veterans Claims on behalf of veteran Amanda Wolfe. NVLSP asks the court in this lawsuit to overturn the thousands of VA decisions issued since January 9, 2018 that deny Ms. Wolfe and thousands of other veterans reimbursement of the emergency medical expenses they incurred in 2018 or before in a non-VA facility.  All of these cases involve veterans who have insurance that covers some, but not all of the emergency medical expenses, and the VA denies reimbursement for the expenses that are not covered by the veteran’s insurance.  

In pursuing this lawsuit, it would help NVLSP to know how the VA has handled other reimbursement claims when the veteran has insurance that covers some, but not all of the emergency medical expenses.   To help NVLSP and to get information about whether this lawsuit may affect your claim for reimbursement, click here.

Sabo v. United States

This lawsuit alleged that between December 17, 2002 and October 14, 2008 the military illegally denied benefits to thousands of servicemembers who returned from Iraq and Afghanistan with PTSD and were discharged. These servicemembers were entitled to but denied a minimum 50% disability rating for PTSD. Working closely with Morgan Lewis & Bockius LLP and lawyers from Hewlett-Packard Company, NVLSP reached a settlement agreement that provided retroactive and future disability benefits to more than 2,200 class members. On July 29, 2011, a news conference was held to announce a proposed settlement highly favorable to members of the class. On December 22, 2011, Judge George Miller at the U.S. Court of Federal Claims gave final approval to the settlement for the Sabo v. United States lawsuit.

NEHMER V. US Department of Veterans Affairs:

"This landmark case has already resulted in the delivery of over $4.5 billion in VA compensation benefits to veterans and their survivors. The case originated with VA regulations mandating denial of benefits claims by Vietnam veterans who had diseases associated with exposure to Agent Orange. In 1989, a federal court found the regulation unlawful, and class members received retroactive and prospective benefits. NVLSP has continued to represent the class as the VA has recognized additional diseases associated with Agent Orange exposure, including three recognized in August 2010. In 2011, as class counsel, NVLSP began monitoring over 150,000 VA adjudications of claims related to those three new diseases to make sure Vietnam veterans and their survivors received the benefits they deserve. NVLSP has reviewed over 10,000 of those cases which resulted in approximately $16 million in additional retroactive and prospective benefits to these class members. NVLSP’s monitoring efforts are ongoing."

(source above link to NVLSP- and as Bart Stichman says somewhere on th site- there are probably THOUSANDS of incountry Vietnam vets or their survivors who are still unaware of this lawsuit and could file claims.

 

 

 

 

Edited December 24, 2018 by Berta
added more

[broncovet]

I "highly recommend" the VBM for any Vet who represents himself, or is represented by a VSO.  Your attorney should already have one.  

You can cite the VBM in your appeals because all the opinions are "court case based" and the VBM cites the specific case law applicable.  Its a book for lawyers, written by lawyers.  Bart Stichman, one of the authors, knows Vets law inside and outside, backwards and forwards.  

I have a VBM, but mine is a little out of date, its the 2013 version.  I would like to buy the new one, but I am represented by an attorney, I can get by with the old model.  That is, a new VBM is not a priority now, my Grand kids are.  

A few years ago, the VA used to publish their own "Veterans Benefit Manual", tho it has a slightly different name, now.  The one published by VA is "nothing" like the Lexis Nexis VBM, but they did share the same name at one time.  The VA version was written by VA and mostly tells Vets what benefits they can apply for.  It used to be about 30 pages.  The Lexis Nexis version is thousands of pages and often used for attorney training and attorney reference.  

If VSO's were the real deal (some are), then they would have a current copy of the VBM in their office.  Most VSO offices do not have a VBM.  Fighting the VA without a VBM puts the Veteran at a "massive" disadvantage.  A VSO without a VBM would be like a Nascar racer without a race car.  The VBM is copyrighted, and they dont allow us to do post pdf's of a certain chapter.  However, they are a little liberal about allowing us to post a few paragraphs, as the NVLSP (closely linked to VBM) does not seem to mind us posting a few paragraphs to help fellow Vets.  

 

[broncovet]

I should caution, tho, the VBM is written by lawyers, so not all Vets can understand it, especially if you have little college background.  If you did not finish high school, you may have trouble understanding it except for those rare "self educated" individuals like my father.  Altho he only completed the 6th grade, he read about 2 hours a day.  We had many friends, some doctors, lawyers, bankers, etc, and virtually all of them asked my Dad for advice and for good reasons.  

[Berta]

Yes, it is a very intense legal manual- I donated one to NY state office at the local VAMC-  my former POAs from NYS Div of Veterans affairs were there, but apparently they never even opened it up-

I asked them to put it somewhere in their office so that vets could use it-

The former rep I had asked my how I FTCAed them without a lawyer , 1997, and I told him all I had was the FTCA info from NVLSP in the  VBM  of maybe 1991.It wasn't much info but I also had access to the county law library to learn more via the citation in the VBM under FTCA.

I went in their office one day and noticed the VBM was gone- they said it was upstairs- most of the vets they repped could not use those stairs-no wonder they (POAS)are all GONE now- one/two maybe  retired and the rest were canned.The director was suddenly "removed".

I am sure due in part  to my 43 page OGC complaint on them. There is a rep there now but he does not speak to me.

They were hurting vets and widows, not helping them.Good riddance.

I gave copies to many local vets but I am sure amazon has a used book price on some older manuals.

I think they used a suggestion of mine many years ago because they were not mentioning Voc Rehab findings of unfeasibility due to SCs, to support a TDIU claim.It was in the next VBMs.