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#1 Berta

 
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Posted 10 January 2010 - 08:16 AM

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

Edited by Berta, 10 January 2010 - 08:18 AM.


#2 Pete53

 
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Posted 10 January 2010 - 08:54 AM

Berta

Thank you this is very important.

#3 jerrbilly

 
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Posted 10 January 2010 - 12:29 PM

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



#4 LarryJ

 
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Posted 10 January 2010 - 03:39 PM

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)

#5 broncovet

 
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Posted 10 January 2010 - 07:01 PM

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.

#6 john999

 
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Posted 10 January 2010 - 07:08 PM

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.

#7 Pete53

 
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Posted 10 January 2010 - 07:18 PM

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.

#8 LarryJ

 
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Posted 10 January 2010 - 09:00 PM

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

#9 halos2

 
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Posted 10 January 2010 - 09:25 PM

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.

#10 carlie

 
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Posted 10 January 2010 - 09:26 PM

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

carlie

http://www.amazon.co...;condition=used

#11 jerrbilly

 
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Posted 10 January 2010 - 10:25 PM

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.co...;condition=used



#12 broncovet

 
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Posted 11 January 2010 - 07:58 AM

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.

#13 Pete53

 
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Posted 11 January 2010 - 09:22 AM

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.

#14 Wings

 
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Posted 11 January 2010 - 09:50 AM

x
x
x

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

http://www.cafc.usco...ons/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.


#15 broncovet

 
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Posted 11 January 2010 - 12:05 PM

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.

#16 carlie

 
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Posted 11 January 2010 - 01:22 PM

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

#17 Berta

 
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Posted 11 January 2010 - 02:18 PM

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

Edited by Berta, 11 January 2010 - 02:18 PM.


#18 jerrbilly

 
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Posted 11 January 2010 - 02:22 PM

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

#19 Philip Rogers

 
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Posted 11 January 2010 - 02:35 PM

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

#20 carlie

 
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Posted 11 January 2010 - 03:48 PM

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

#21 broncovet

 
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Posted 11 January 2010 - 03:59 PM

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.

#22 LarryJ

 
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Posted 11 January 2010 - 08:04 PM

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.

#23 john999

 
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Posted 11 January 2010 - 08:21 PM

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.

#24 carlie

 
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Posted 11 January 2010 - 08:56 PM

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

#25 johnjjr

 
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Posted 11 January 2010 - 09:11 PM

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

#26 carlie

 
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Posted 11 January 2010 - 09:15 PM

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

#27 Philip Rogers

 
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Posted 14 January 2010 - 11:21 AM

If anyone's interested I've got a "VBM and Related Laws & Regulations," 2003 Edition CD for windows, unopened, for sale. $20 + $5 shipping. IM me if interested.

pr

Edited by Philip Rogers, 14 January 2010 - 01:19 PM.


#28 tssnave

 
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Posted 14 January 2010 - 12:18 PM

I think the VBM is worth whatever they charge, period.

For those seeking another resource or for those who cannot afford the VBM or are overwhelmed by the size and scope of the VBM, I suggest The Veterans Survival Guide and Claim Denied by John D. Roche, a former VA rater (DRO, I think). He has written excellent guides that sell for less than $20/ea. They are small and easy to read and understand and they are a powerful resource. I wrote about them in a previous thread which has links to purchase them:

http://www.hadit.com...w...c=23487&hl=

The VBM is a great resource and as Berta has shown us, is now being recognized in the courts. John, since the courts are now citing the VBM I would think the VAROs are going to have to start recognizing it (or just ignore it like they do the M21-1MR and CFR).

For the member who thinks the BA should make the VBM available to vets, in a sense, they have since the M21-1MR, CFR, and court cases can all be found on the VA website. But someone like me who has very limited internet/pc skills is lost on the VA website. I can't figure out how to drill down to find stuff. More than once I've requested a court case that I simply couldn't find and a hadit member will come up with it in minutes. The internet doesn't always make sense to someone who has problems ordering their thinking and that would not just be those of us with some mental illness but also the young TBI vets.

What makes the VBM so powerful is its ease of use to the common person. You don't have to be a computer geek or have a PhD, MBA, or whatever initials you get with a law degree. The subjects are arranged topically so you don't have to drill down 18 layers into the VA website to find something relevant to your claim. Also, if you get the CD, at the bottom there are links to the actual CFR and M21-1MR. It is really slick. And if I can use the CD it has to be easy as I'm not known for my pc prowess. I use the hard copy VBM to look stuff up and then use the CD to print it and get the underlying regs.

However, I also appreciate that not everyone can afford this resource, especially while they are working their claim. I'm in the PB&J camp with Carlie, though, because I know firsthand how valuable it is. When I was working my claim someone would post something and I could look it up once I had an idea what I needed to be looking at. I'd never heard of "Individual Unemployability" for instance so wouldn't have known to look that up on the VA website.

Folks post what they believe to be correct and the VBM is a good tool to confirm that the information you get is correct and still current (what might have been true several years ago about stressors working a PTSD claim may not be true today and the vet who's claim is over may unwittingly give out information no longer correct).

Plus, I actually called the NVLSP folks when I was working my claim and a young lawyer told me to quote Mauer (sp?) in my NOD which I did. While I don't know how much that particular line in my NOD was weighted, I did appreciate that he told me to call back if I didn't win my claim. I did prevail (after 2 appeals) and when you go from denied service connection to 100% P&T you appreciate all the resources that got you there and this website and the VBM are right up there.

If you have an open claim, my advice is to get the VBM as well as Roche's two books and The Veteran's Advocate newsletter. If funds are limited then at the minimum get Roche's books. IMHO all these resources are money well spent.

Thanks,
TS Snave

#29 jerrbilly

 
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Posted 14 January 2010 - 12:46 PM

I think it's adequately priced. I think I paid around $150 with tax give or take a little. I know if it was over $250 I wouldn't have parted with my dough.

I noticed in it there was stuff that was enlightening but there is a lot of info that was redundant that I already knew. I wish they would add more "example nexus letters" and "letters for increase" so the average joe knows what format the VA is looking for and verbage.

Having the new volume is nice since it does have some new info that helped me like changes to how the VA evaluates scars.

Jerr


I think the VBM is worth whatever they charge, period.

Thanks,
TS Snave



#30 johnjjr

 
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Posted 26 January 2010 - 02:45 PM

Haven't been posting much these last few weeks . Got my 2009 BVM. I graduated school barely opening a book but now, nearly 50 years later, I'm a book worm. This book is worth every penny I paid and much, much more. I have hearings on 2 NODs coming Feb. 25th and I have only one thing to say to the DRO. With the help of this book, "PREPARE TO BE STEAMROLLED!!!"

#31 Pete53

 
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Posted 26 January 2010 - 03:05 PM

Roll those Basyards John Hit them hard and take no prisoners