Important Topics - Please Review This Thread.

[allan]

RSG,

The only right thing for Congress, the DOD and the dept of Veterans Affairs Secretary to do, is to put Naval Station Treasure Island on the contaminated base list, the same as Guam and provide any veteran benefits for illnesses associated with, dioxins, heavy metals, radiation and bioweapons.

It's time they quit hiding the truth about these exposures and there harmfull effects.

Allan

[RSG]

I understand that to be the case, but it will take years and years to ever have the the GOV. admit there was a problem, if it would happen at all.....Somebody with real pull would certianly go along way in resolving those issues...But I really don't think anybody cares that much, yet...... I found out all the info I submitted a couple years ago

and submitted it here and this is as far as it has gotton....

RSG,

The only right thing for Congress, the DOD and the dept of Veterans Affairs Secretary to do, is to put Naval Station Treasure Island on the contaminated base list, the same as Guam and provide any veteran benefits for illnesses associated with, dioxins, heavy metals, radiation and bioweapons.

It's time they quit hiding the truth about these exposures and there harmfull effects.

Allan

[carlie]

Here is the PDF that James Breckenridge was kind enough to post.

asbestos.pdf

[jbasser]

Thanks Carlie.

Asbestos has no presumptives attached but the latency period it takes to develop asbestos can take up to 45 years. This depends on how heavy the exposure was.

I would at least like the VA to have a screening program like the AO registry for folks whose rating was actual asbestos involvement like Naval Laggers or insulators.

At least they can be screened over time to ensure they have not contracted the deadly diseases associated.

This may be something to ask the Veterans Committe to look at,

J

[carlie]

http://cfr.vlex.com/vid/629-accreditation-representatives-attorneys-19774782

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 14 - LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

14.629 - Requirements for accreditation of service organization representatives; agents; and attorneys.

The Regional Counsel of jurisdiction will resolve any question of current qualifications of a service organization representative, agent, or attorney. The claimant, the service organization representative, agent, or attorney, or an official of the organization for which such person acts, or a Department of Veterans Affairs Adjudication Officer or Service Center Manager may appeal such determination to the General Counsel.

(a) Service Organization Representatives. A recognized organization shall file with the Office of the General Counsel VA Form 21 (Application for Accreditation as Service Organization Representative) for each person it desires accredited as a representative of that organization. In recommending a person, the organization shall certify that the designee:

(1) Is of good character and reputation and has demonstrated an ability to represent claimants before the Department of Veterans Affairs;

(2) Is either a member in good standing or a paid employee of such organization working for it not less than 1,000 hours annually; is accredited and functioning as a representative of another recognized organization; or, in the case of a county veteran's service officer recommended by a recognized State organization, meets the following criteria: (i) Is a paid employee of the county working for it not less than 1,000 hours annually; (ii) Has successfully completed a course of training and an examination which have been approved by a Regional Counsel with jurisdiction for the State; and (iii) Will receive either regular supervision and monitoring or annual training to assure continued qualification as a representative in the claim process; and

(3) Is not employed in any civil or military department or agency of the United States. (Authority: 38 U.S.C. 501(a), 5902) (b) Agents.

(1) An individual desiring accreditation as an agent must establish that he or she is of good character and reputation and is qualified to render assistance to claimants in the presentation of their claim(s). An individual desiring accreditation as an agent must file a completed application with the Office of the General Counsel on VA Form 21a on which the applicant submits the following: (i) His or her full name and business address; (ii) Information concerning the applicant's military and civilian employment history (including character of military discharge, if applicable); (iii) Information concerning representation provided by the applicant before any department, agency, or bureau of the Federal government; (iv) Information concerning any criminal background of the applicant; (v) Information concerning whether the applicant has ever been determined mentally incompetent or hospitalized as a result of a mental disease or disability, or is currently under treatment for a mental disease or disability; (vi) Information concerning whether the applicant was previously accredited as a representative of a veterans service organization and, if so, whether that accreditation was terminated or suspended by or at the request of that organization; (vii) The names, addresses, and phone numbers of three character references; and (viii) Information relevant to whether or not the applicant has any physical limitations which would interfere with the completion of a comprehensive written examination administered under the supervision of a VA Regional Counsel.

(2) Applicants must achieve a score of 75 percent or more on a written examination administered by VA as a prerequisite to accreditation. No applicant shall be allowed to sit for the examination more than twice in any 6-month period. (Authority: 38 U.S.C. 501(a), 5904) © Attorneys.

(1) An attorney may represent a claimant upon submission of authorization as described in 14.631(a) or (b).

(2) If the claimant consents in writing, an attorney associated or affiliated with the claimant's attorney of record or employed by the same legal services office as the attorney of record may assist in the representation of the claimant.

(3) A legal intern, law student, or paralegal may not be independently accredited to represent claimants under this paragraph. A legal intern, law student, or certified paralegal may assist in the preparation, presentation, or prosecution of a claim, under the direct supervision of an attorney of record designated under 14.631(a) or (b), if the claimant's written consent is furnished to the Department of Veterans Affairs. Such consent must specifically state that participation in all aspects of the claim by a legal intern, law student, or paralegal furnishing written authorization from the attorney of record is authorized. In addition, suitable authorization for access to the claimant's records must be provided in order for such an individual to participate. The supervising attorney must be present at any hearing in which a legal intern, law student, or paralegal participates. (See 20.606).

(4) Unless revoked by the claimant, consent provided under paragraph ©(2) or paragraph ©(3) of this section shall remain effective in the event the claimant's original attorney is replaced as attorney of record by another member of the same law firm or an attorney employed by the same legal services office.

Note to 14.629: A legal intern, law student, paralegal, or veterans service organization support-staff person, working under the supervision of an individual designated under 14.631(a) as the claimant's representative, attorney, or agent, may qualify for read-only access to pertinent Veterans Benefits Administration automated claims records.

(Authority: 38 U.S.C. 501(a), 5904) (The Office of Management and Budget has approved the information collection requirements in this section under control numbers 29000018 and 2900 0605.) [53 FR 52421, Dec. 28, 1988, as amended at 55 FR 38057, Sept. 17, 1990; 68 FR 8545, Feb. 24, 2003]

Read more: http://cfr.vlex.com/vid/629-accreditation-representatives-attorneys-19774782#ixzz0x9eeTjwY

----------------------------------------------------

http://www4.va.gov/ogc/accreditation.asp

Accreditation

Accreditation Forms:

• VA Form 21 - Application for Accreditation as Service Organization Representative
• Va Form 21a - Application for Accreditation as a Claims Agent or Attorney
  
  These accreditation applications may be mailed to the address indicated on the form, faxed to the Office of the General Counsel (022D) at (202) 495-5457, or attached (as a pdf file) to an e-mail sent to ogcaccreditationmailbox@va.gov.
  
  
  
  
  
  
  
  
  Accreditation Inquiries:
  
  
  
  Accreditation questions, comments, and requests for correction of information reported by the Office of the General Counsel's online accreditation search application may be sent to ogcaccreditationmailbox@va.gov.
  
  
  
  
  
  
  Representation Forms:
  
  
• VA Form 21-22 - Appointment of Veterans Service Organization as Claimant's Representative
• VA Form 21-22a - Appointment of Individual As Claimant's Representative

These appointment forms must be filed with the VA office that has jurisdiction over the claim (generally a VA Regional Office or the Board of Veterans' Appeals). Do not file these forms with the Office of the General Counsel.

Fee Agreements:

A copy of every fee agreement between a VA claimant and an accredited agent or attorney for purposes of representation pursuant to a properly filed VA Form 21-22a must be filed with the Office of the General Counsel within 30 days of its execution. See 38 C.F.R.

[deltaj]

This is not to be construed as legal advice. I suspect this post is for Glenn McBride who had problems with VARO in Virginia the other day. First, note that McBride's problem allegedly did not occur during a V.A. medical examination. Secondly, there is a Supremacy clause in federal law but the cited Office of General Counsel Precedent cites regulations, not laws. Thirdly, all of us have a right to free speech under the Constitution. I do recognize, however, that V.A. has a no solicitation policy that may limit free speech rights at V.A. facilities. Having read McBride's account of what allegedly occurred the other day, and since this V.A. facility was in Virginia, I can't help but wonder where STATE law in Virginia comes into this. I searched online under permission to record AND Virginia. This led to a rather interesting website entitled Virginia Recording Law Citizen Media Law Project. This discussion of Virginia Recording Law got me thinking about how Virginia law might have an impact on McBride's situation and whether he had any rights under Virginia state law to record any conversations with V.A. personnel. This is a question on which McBride is going to need expert legal help in evaluating his situation.

Edited August 22, 2010 by deltaj