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...]
In VA World, Form Follows Function
The Veterans Benefit Administration has thousands of forms required for different pieces of claim processing. They require submission of specific forms to open a claim for benefits or when filing an appeal. Failing to submit your requests on the specific forms likely means that your claim will not be opened or the appeal will not be accepted. Here is a simplified guide to help make sure any request you file meets the required format: Application The VA requires VA Form 21-526EZ, … [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...]
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