A successful VA claim has three elements: An event in Service; A current condition; A nexus between the event in service and the current condition. So how do you prove an event in service if there is no record of the event because there were no record keepers in Afghanistan, Southwest Asia or on board that battleship in Vietnam? VA rules and regulations address this problem. There is special treatment for combat veterans under 38 U.S.C §1154(b) implemented by 38 C.F.R. … [Read more...]
VBA Compensation & Pension Preparation
You have been scheduled for a C&P exam as part of your appeal/application and the Regional Office has determined that you have met a minimal standard qualifying you for an evaluation by a physician to determine the etiology and/or severity of your condition. WHO ARE THE EXAMINERS? The Compensation and Pension examination may take place at a VA Medical Center, outpatient clinic or with a contract examiner. The VA has contract sources to assist with getting these examinations done in a … [Read more...]
Personal Assault in Service
Sometimes things just go terribly wrong. A young person volunteers to serve his/her country and in the process becomes a victim of assault. Personal assault can be a physical beating, rape, domestic battery, robbery and even harassment. Personal assault under VA regulations does not include harm caused by an enemy force. Due to the nature of personal assaults, sometimes a service member’s entire outlook on his or her military career is changed. A once exemplary military member may … [Read more...]
At separation: What I wish they’d told me…
There is that point in almost every conversation with a veteran or their family when they say “boy, I wish I’d known that at the time I (he/she) left service.” It’s difficult and occasionally heartbreaking to have to explain to a veteran that if they had filed a claim within an earlier time period, submitted certain evidence or asked for benefits a different way they might now be better off. While online information has helped in recent years, even the internet-savvy can find themselves … [Read more...]
Camp Lejeune Presumption Conceded By Veterans Benefits Administration!
The Veterans Benefits Administration published the final rule in the Federal Register providing a presumptive service connection for diseases associated with exposure to contaminants in the water supply at Camp Lejeune, North Carolina on January 13, 2017. The regulation, 38 C.F.R. §3.307 and §3.309(f), will become effective on March 14, 2017. Under the new rule veterans with a minimum of 30 days of service at Camp Lejeune between August 1, 1953 and December 31, 1987 will be presumed to have … [Read more...]
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