I have used the VBM since 1991 and cannot imagine being here at hadit without it on my PC desk-it helped me win all of my claims.
This is a great honor for NVLSP and most importantly- if you have the VBM you can use any citations from it regarding the legal nuances of VA case law and regulations.I havent read Holton yet but recently I quoted NVLSP's Nehmer decision to the OGC who then quoted Nehmer to the RO -in writing and for the first time in 8 months the VA began to apply Nehmer to my claim.The RO refused to acknowledge my numerous requests submissions of this important case asking for application of Nehmer Class Action case (won by NVLSP) regarding all AO vets and widows.
It was a deliberate VARO attempt to continue to withhold my retroactive DIC under the Nehmer COurt Order.
They could have been sanctioned for that if it had gone on any longer.
“FEDERAL CIRCUIT COURT OF APPEALS CITES NVLSP’S VETERANS BENEFITS MANUAL AS AUTHORITY FOR VETERANS LAW
Federal courts always include in their written decisions citations to authorities of law that support the court’s rulings. Usually these citations are to one or more statutes, regulations, or past court decisions. But sometimes, the courts cite well-recognized treatises as support for their rulings.
In its March 2009 decision in Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009), the U.S. Court of Appeals for the Federal Circuit cited to both a statute and NVLSP’s Veterans Benefits Manual for the legal proposition that in order to receive disability compensation, a veteran must generally show, among other things, that it was at least as likely as not that he suffered an injury or contracted a disease while in service.”
Source : NVLSP web site
Edited by Berta, 10 January 2010 - 08:18 AM.