wiki leaks

[steven13081]

are we allowed to use wiki leaks war diary web site as evidence in support of a claim ?  https://wardiary.wikileaks.org/search/?sort=date

[blahsaysme2u]

19 hours ago, broncovet said:

Yes.  I have a suggestion:  Dont use wiki leaks.  Use a more credible website, like WebMD, or, better yet, direct scientific research.  

The best research for claims is probably VBM and or CAVC claims search.  BVA claims search is also helpful, but BVA appeals are all non precedent setting.  

where could we search for VBM and CAVC? thanks

[broncovet]

You can't "search" VBM..its patent protected by law.  You have to buy one.  (However, in my case I got the NVLSP to send me one, gratis, when they represented me several years ago.  Its kinda outdated, year 2014.  Its super accurate, however "up to 2014".  They are about 200 dollars each and are available either in DVD or paper or both.  I recommend DVD as you can put the VBM DVD in your computer and then search)  

(Yes its expensive, but well worth it, for example, if you are a lawyer, OR if you are trying to save lawyer fees and represent yourself in your own appeals.  Berta has one, I have one, Alex has one.)    VSO's and Vet advocates either have a VBM or "should have one".  

As far as searching CAVC case law, that is online information "except" when VA redacts it.  Here is how to search CAVC case law.  Now, I note here that there is a "docket search", when you have the claimant name, or there is a word or phrase search.  Im showing a link to the word search:

 

http://search.uscourts.cavc.gov/

Now, there are 3 types of CAVC cases:  

1.  Single judge

2.  Panel of judges

3.  En banc (all the judges).

     Single judge cases are non precedential, so be careful citing those.  En Banc, Panel, and all Federal Circuit decisions are precedential.  

 

Edited January 21, 2020 by broncovet

[blahsaysme2u]

great info Bronco. thanks so much

[brokensoldier244th]

What do you mean when you say VBM? 

 

Here's the whole M-21 manual right here in their website. 

 

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/topic/554400000004049/M21-1-Adjudication-Procedures-Manual

[broncovet]

The "Veterans Benefit Manual" (VBM) is an exhaustive, case supported book for Veterans and their attorney's, published and updated each year by the NVLSP.  (National Veterans Legal Service Plan).  Authors Bart Stichman, and Ron Abram are 2 very well known, credible Veterans attorneys who probably have a better grasp of 38 CFR than just about anyone else.  Only maybe Robert Chisholm, or Ken Carpenter could realy dispute that Bart and Ron are the most knowledgeable Veterans attorney's on the planet.  

This manual is used for and by training for new attorneys who decide to represent Veterans.  Its a lawbook manual for Veterans attorneys.  Many VSO's, Vet advocates, and Vets can't really read it because its written in legalease.  I beleive its main purpose is to train new attorneys.  

Each statement the VBM makes is "backed up" and supported with case law, OGC opinions, regulations, etc.  They simply dont make unsupported opinions or hypothesis.  

Its by far the best legal guide for Veterans benefits that money can buy.  Nothing else is even close.  

You can buy it here:  https://store.lexisnexis.com/products/veterans-benefits-manual-skuusSku12734

Berta used to get excited when the new (each year) VBM was published.  She uses it extensively.  Its her (not so secret) weapon.