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    • How to get your questions answered.

      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ http://www.hadit.com/forums/index.php?/topic/40804-va-fl-09-33/ http://www.hadit.com/forums/index.php?/topic/40972-va-fl-09-28/ http://www.hadit.com/forums/index.php?/topic/40671-va-fl-09-27/ http://www.hadit.com/forums/index.php?/topic/40973-va-fl-09-26/ http://www.hadit.com/forums/index.php?/topic/40803-va-fl-09-25/ http://www.hadit.com/forums/index.php?/topic/40802-va-fl-09-21e2/ http://www.hadit.com/forums/index.php?/topic/40801-va-fl-09-21/ http://www.hadit.com/forums/index.php?/topic/40799-va-fl-09-20/ http://www.hadit.com/forums/index.php?/topic/40798-va-fl-09-17/ http://www.hadit.com/forums/index.php?/topic/40974-va-fl-09-15/ http://www.hadit.com/forums/index.php?/topic/40975-va-fl-09-13/ http://www.hadit.com/forums/index.php?/topic/40797-va-fl-09-10e1/ http://www.hadit.com/forums/index.php?/topic/40796-va-fl-09-10/ http://www.hadit.com/forums/index.php?/topic/40795-va-fl-09-09/ http://www.hadit.com/forums/index.php?/topic/40976-va-fl-09-08/ 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Vbm

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I have been so busy I forgot to post this recent statement at the NVLSP web site-

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

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Posted · Report post

Berta

Thank you this is very important.

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I have the new VBM and it's been very informative.

Jerr

I have been so busy I forgot to post this recent statement at the NVLSP web site-

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

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Posted · Report post

Berta,

I also have MY copy of the NVLSP VBM publication withing arms reach.

It's lying on my desk at the VAMC as we speak.

A gift from a dear friend! And, a help for more than one veteran, so far! B)

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Posted · Report post

Well, I cant afford the VBM right now, even tho it would be useful to me. Is it possible someone post a section on the VBM dealing with EED, especially with informal claims when the Veteran tells his VA doctor he has another SC condition. Thanks.

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Bronco

You can buy used editions of the VBM. Most of the info is the same. Information I got from the VBM led directly to my being sc'ed for CAD. I was reading about secondary conditions of DMII and the VBM had information that put me in a position to file a claim.

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Posted · Report post

If you are near a Law School their legal library should have one. Its against the rules to post a section like that.

Second Hand Book Stores may have them I tried online and could not find, Maybe someone who has it could post the highlights for you.

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Well, I cant afford the VBM right now, even tho it would be useful to me. Is it possible someone post a section on the VBM dealing with EED, especially with informal claims when the Veteran tells his VA doctor he has another SC condition. Thanks.

bronco,

I'm not ignoring you. It's just that, unfortunately, my VBM is in my office at the VAMC not at my home (where I happen to be at the moment, and won't be back to the VAMC until Tuesday morning. If you haven't had an answer from one of our other members by then, then I'll find the info that you need and get it to you Tuesday evening, okay?

LJ

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Watch out on ebay or amazon for used copies. Tha's how I got my used copy on ebay...it was 4 years old and with shipping I bought it for $8.95. Since then there have been updates but others here can fill you in if the reg has changed. Once last yr I posted the VA Physician/examiner should help the vet with their IMO, but that was changed a few yrs ago. Nope they don't have to, as we know they never really wanted to anyway.

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bronco,

Here's a link for 2008 editions at $147.00 and 4 bucks shipping.

carlie

http://www.amazon.com/gp/offer-listing/142...;condition=used

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I have the 2009 ed but 2008 is pretty much the same except for a few things like scar rating changes and a couple other things.

I would scan the eed section but I don't have a scanner. Sorry

Jerr

bronco,

Here's a link for 2008 editions at $147.00 and 4 bucks shipping.

carlie

http://www.amazon.com/gp/offer-listing/142...;condition=used

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Larry...

Thank you for your kind offer, and I will accept your generosity, in part because I think it will benefit other Veterans. I am frankly very upset that Veterans must pay for a book that will help them get the benefits they deserve, as I certainly think it should be provided at no cost. (Its almost like those people who "help" Veterans for a fee. This demonstrates to me that VSO's generally are not doing their job..if they were, why would a Veteran pay for help, when a VSO does it for free.)

On the other hand, I really do appreciate the authors of the VBM and realize they do deserve to be compensated for their labors. Still, I think about $200 for the VBM even tho I wont dispute that it can easily be worth much more to a Veteran, is big time excessive.

In a similar way, a man dying of thirst on the desert would likely pay all he had for that glass of water, but it is unconscionable for people to charge thousands of dollars for a glass of water, just because they can.

The VBM is just like the glass of water above. To store the VBM electronically, and allow it to be downloaded, or burn it to a DVD, would cost less than a dollar. A 500% markup, and the DVD/ electronic download version of the VBM would sell for $5.00. But to charge a disabled Vet $200 plus for an electronic/DVD version of the VBM, is taking advantage of a disabled Veteran big time.

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I don't think that you really appreciate the work and expense of preparing a book like that. I believe that the Lawyers who write the book turned it over to a third party in order to get more out.

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x

x

x

2009/3/5, 08-7081 CAVC Holton v. Shinseki, Precedent

http://www.cafc.uscourts.gov/opinions/08-7081.pdf

page 14.

As we have explained, section 105(a) creates a presumption that an injury or disease incurred during service was incurred in the line of duty and did not result from the veteran’s own misconduct. It does not create a presumption of injury. In order to receive disability compensation, a veteran must show that it was at least as likely as not that he suffered an injury or contracted a disease while in service. See 38 U.S.C. § 5107(b); Barton F. Stichman & Ronald B. Abrams, Veterans Benefits Manual § 3.3 (2008). Nothing in section 105(a) bears on that requirement. If a veteran makes such a showing, he will be entitled to the presumption under section 105(a) that the injury or disease occurred in the line of duty. But section 105(a) does not relieve the veteran of his obligation to show that he incurred a disease or injury during active service in the first place.

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Pete..of course I dont appreciate the expense in creating the VBM. However, people tell me the 2009 version is just like the 2008 version with just a few updated changes. That is, the expense in creating this book has already been made, and the companies that sell it now is pretty much pure profit.

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bronco,

I disagree with your feelings regarding the vbm being way

too expensive.

BTW - I believe you can also just purchase the CD Rom version.

This manual is over 2000 pages long.

I equate it to being in school and needing to purchase

a text book. Text books are usually quite expensive but

can you take the class, pass the class and get educational credits

without it. Probably not.

If the information contained in the VBM helps get you SC,

an EED, an increse in percentage etc.... it's money well spent.

And it's an expense that most likely will help continue and

insure that the eagle poops your way every month.

Come on man - your compensated at 100% - be good to yoursef -

get up off of that wallet.

As Pete posted earlier - it's against copywrite laws for people

to come online and post as a file or copy and paste large sections

of copywritten material.

Berta speaks with Ron Abrams(one of the VBM authors) quite frequently

and I'm sure she nor Tbird would want any kind of problems from this.

carlie

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I suggest Broncovet should complain directly to NVLSP about his feelings as to the cost of the VBM.

NVLSP

http://www.nvlsp.org/contact_info.htm

or info@nvlsp.org

or call 1-202-265-8305 -ask for Ron Abrams, Bart Stichman, or any of the 12 lawyers who write the VBM

or Fax 1-202-328-0063

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I agree with Carly to a point but I do feel the VA should make the publication "available." When I say "available" what I mean is a veteran with claimed disabilities should be able to look over the book at the Regional Office. A little library or something that Veterans can educated themselves on how to execute their respective claims.

I could see how a vet with 10% or 30% disabled wouldn't be able to afford the book so having access would be good.

Jerr

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Most, if not all, VARO's have a library, that veterans can use. Whether they carry the VBM is another issue. The Cumberland County Public Library, in Kingsland, GA, carries the VBM. I think all public libraries should carry it. Maybe you should request that yours do it. How about a copy at each VFW, AL, DAV hall, etc!!!

pr

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I agree with Carly to a point but I do feel the VA should make the publication "available."

Jerr

Jerr & bronco,

The main point to consider is that the VBM is not either

a VA nor goobermint publication.

IT also IS NOT a NOT FOR PROFIT publication.

VA claims are Our Claims - so I myself do not mind at all

investing a few bucks in all of my claim issues.

There are several books published on VA Benefits/Claims Process

that can be purchased from $5.00 - $20.00.

They are not even comparable to the VBM, but they are out there for those

that for whatever reasons do not want to invest much into their claim issues.

For me - my claims issues are important enough to invest in that I would be

willing to spend a month eating Ramen Noodles, Pork N Beans and PB&J sandwiches,

just so I could purchase the most helpful material available for

getting my claim issues granted.

jmho,

carlie

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I am not disputing that the VBM can be worth much more than $200 to a Veteran seeking benefits. As I mentioned before, if you are dying of thirst, a glass of water can be worth thousands to you. That does not mean it is ok for them to charge you $10,000 for a glass of water, or a VBM. From what I have heard on this board, it is a very good idea to get your hands on a VBM. Maybe you can luck out and your VSO has one you can read over, and copy any pages you need.

I really dont need the whole thing..just the EED and informal claims part.

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Here is a "Larry, The Cable Guy" hint:

Most ALL of your VA Medical Centers have a library of VA publications, and, yes, you as a vet can use that library.

I believe the one at the VA Med Center in Dallas HAS the VBM! It is a LARGE library, it astounded me when I "found" it!

And, no, it isn't the candy-stripers magazine cart.

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The VBM is really a book written by advocates for advocates. My lawyer refers to it. It is full of case law and precedents. Your local VARO would not even understand the concept. It is not just a book of regulations, but of arguments made by legal professionals. It is not the CFR.

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I am not disputing that the VBM can be worth much more than $200 to a Veteran seeking benefits. As I mentioned before, if you are dying of thirst, a glass of water can be worth thousands to you. That does not mean it is ok for them to charge you $10,000 for a glass of water, or a VBM. From what I have heard on this board, it is a very good idea to get your hands on a VBM. Maybe you can luck out and your VSO has one you can read over, and copy any pages you need.

I really dont need the whole thing..just the EED and informal claims part.

bronco,

Most people don't want the whole VBM, until they buy it

and if I had that glass of water - I wouldn't sell it for any price.

Your thinking kind of reminds me of, say I invented something

that had a one time use,if people used it just one time, it would make

your car get 500 miles to the gallon forever and I market it for $500.00.

So you email my company and say I like your product and I would like

to have it but I feel your price is way too high.

Can you make and sell me a version of your product that only increases

my gas to get only 100 miles to the gallon and I will pay you only $100.00.

The printing of the manual alone has to run at least $60.00 for each book.

I'm sure there are also some royalties that must be paid each year the

VBM is issued.

The other option's I look at are:

1) the law of supply and demand

2) the market will pay - what the buyer is willing to spend.

jmho,

carlie

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Just ordered the 2009 edition of VBM from LexisNexis.com for $135.00 plus shipping.

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Just ordered the 2009 edition of VBM from LexisNexis.com for $135.00 plus shipping.

Good for you - great resource.

You won't be disappointed, like having a lawyer in your pocket.

carlie

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