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Superman Franco Click on Soldier's Helmet to go to Site Map

This VBA Section is written for veterans
by a veteran
without any obligation or copyright intended.

Franco Brand Bull

If you do not see the Superman logo,
you can not be sure whether you have genuine (Franco) bull.
 
READ ME FIRST - "Wall of Shame"
"Claims Fixers" - RAO Bulletin
  April, 2007
VA Benefits:   1-800-827-1000
See how many responses are "completely correct" here
before you pick up the phone.
Or, seek legal counsel (lawyer)

    The US Department of Veterans Affairs (USDVA) is receiving an increasingly number of claims for VA benefits from veterans or survivors who avail of the services of a "Claims Fixer".     VA often finds these claims contain fraudulent evidence that has been submitted by the Fixer.     When it is suspected that a claim involves a Fixer, it is investigated with a resultant delay in processing the claim.     If it is determined that fraud was committed, the veteran's right to VA benefits is forfeited.     This is a lifetime forfeiture meaning the veteran and /or their dependents lose all rights to ever be considered for VA benefits for the rest of their lives.     Claim Fixers have no connection within VA.     If approached by someone claiming to have an "IN" with the VA, the VA office should be notified immediately.     Claim Fixers cannot affect the outcome of your claim.     They can only jeopardize your entitlement to VA benefits.

To protect yourself against Claim Fixers:

- Avoid them.     Anyone charging a fee to assist you is a claims fixer (according to the V.A.)
- Do not sign any form unless it is completely filled out and all the information contained on the form is accurate.     If possible, you should fill out the forms yourself.
- Do not sign any affidavits or statements unless they are accurate.
- Do not sign any statement in support of another person's claim unless the information is accurate.
- Do not submit any medical evidence or doctor's statements unless the information is factual.
- Do not allow any affidavits or statements to be submitted in support of your claim unless the information in the document is accurate.
- Do not pay someone the benefits you have earned in defense of your country.     They have no right to those benefits.

Keyword:   factual, accurate, the truth, under penalty of perjury.

    If you have questions about VA benefits or services, contact the USDVA in your geographic area.     The USDVA has representatives available to assist you with your claim.

    In the Philippines you may visit them at the US Embassy in Manila or call them at no charge on a PLDT line at 1-800-1888-5252.     If you live in Metro Manila, you may dial 528-2500.

    You may also visit the website:   IRIS.va.gov for more information.     VA does not charge for any service or assistance they provide.

    In the U.S.A., 1-800-827-1000.     VA Problems?     Write your Congressman

[Source: USDVA Manila Director Jon Skelly Apr 07 ++ RAO Bulletin]
VA STAFFERS -- WHAT A JOKE

"What a bunch of idiots!"

.. a Help Line that needs help

Editorial:     This veteran will be seeking complete reform in the State of Nevada as soon as my claim has been (properly) settled.     The "kangaroo court" system the RO in Nevada follows must be put to rest and the military retirees "serving" in such positions of responsibility should be retired! *     It should be a privilege to assist, not a discipline problem.     These "desk jockeys" were so used to a life of "rank and privilege," they forgot that "rubber-stamping" is not for civilians!

    When the VA has to resort to bald, blatant (unsubstantiated) intimidation factors, they are shit out of luck!     You thinks Franco is full of it???     Okay .. how about these quotes from a recent court ruling, April 13, 2007 (Friday - the 13th) .. I guess it ain't so lucky for the VA ...     Ummmh .. sure that case wasn't for RO/Reno???     p.s.   Get some agents that can spell Haas ...

    The good news, for the (retired) agents is that Burger King is still hiring and can use some (good) "rubber-stampers" at their drive-thru windows!   <rofl>


"Reality Check??? .. come on"

    "if the reality is that it takes months or years to resolve a claim, the individual claimant is not being afforded proper treatment.     To force a veteran to wait for more than 2 years for a [Board] decision - after he or she has already waited over 200 days for a regional office decision on the original claim - is unconscionable.").

- SCHOELEN, Judge (Ribaudo - in Petition for Extraordinary Relief!)


"Hey - dude!   Today marks my two year anniversary!   .. of not getting anything done; being on the docket; stayed; and generally, having to make sure my VSO remembers who I am ..."   April 21, 2005 - April 21, 2007 .. think 'retropay' Franco ...


    Sorry, buddy .. Congress didn't provide for interest or penalties .. Details


VA STAFFERS -- WHAT A JOKE

Panel of Judges
in Ribaudo
that are
(drum roll)
"Politically incorrect!"

.. are Pro-Veterans

"Red Badge of Courage"

Editorial:     Some of you may be wondering whether (good'ole) Franco is a "claim fixer" or not.     No.     I am not a "claim fixer."     In fact, I am not even a VSO agent.     No.     I work for a living.

    As I have said, many times before, as well as published in my website, I consider myself both an activist and a veterans advocate, like VSOs, but without the formal training that these VSOs have supposed to have had.

    There are other groups; groups that the VA does not condone because of their aggressive handling of such claims. IOW, the VA doesn't like to encounter aggressive defense of a veteran's claim. In fact, they would rather a veteran not be properly represented by legal counsel (lawyer) as well as VSO organizations.     Lawyer Details

    They (the VA) find it very disturbing to deal with a veteran's claim on an equal footing.     And, for those of you naive to believe otherwise, see Haas v. Nicholson, or Ribaudo v. Nicholson.     Details     Over six months ago, a panel of judges issued a ruling where the Secretary (Nicholson) of the VA was found to have improperly promulgated the agency federal regulations as to Vietnam Veteran status for service-connected claims.     This over-ruling was unlawfully stayed without proper motion filing in the courts and subsequently, another judge ruled that that (unlawful) stay and the associated memo directing ROs not to process such claims ordered rescinded.

    Now, if you don't understand a word I just said, then you definitely need legal counsel representing your best interest and not some VSO that does a half ass, "rubber stamp[ing]" job.

What is a "Half ass, rubber-stamp[ing] job?"

    Simple.     Doesn't investigate any further than his (VSO) nose; separate Haas versus non-Haas issues, as so directed, and therefore leaves your non-Haas associated issues in limbo for appeal hearing.     Comprende?     No .. [then] again, you need legal counsel.

    This RAO Bulletin article only demonstrates, at least to me, that they want to set up an (alarming) "smoke screen."

    But, under no circumstances, should one engage in some form of fraud through presenting fraudulent documents with their claim.

    It is bad enough when you present valid documents in support of your claim, eg, pay vouchers indicating that you were in a combat zone, "CZ," but to fabricate such documents, (or alter same) is a way to insure the VA will terminate all healthcare benefits, etc. as well as disability compensation consideration.

    Now, I hope this makes sense. For now, I will be only broadcasting this bulletin article to those that I am aware of. Later, I will investigate what the hell they are talking about and publish on the website more warnings.

    Yes. You should not be charged a fee for such claim processing assistance, first of all, and that should be a "dead giveaway" that you are dealing with an unauthorized advocate source.

    My only warning is: never give or let out of your sight any original documents that may be used in your claim, ie, in support of your claim.

    A common question that some of you (and others you are not aware of) ask me regards their medical condition and/or paperwork on such (medical) evidence. I defer to either your private physician(s) or VA staff. To suggest anything else would be a legal grounds for fraudulent conduct and not in your best interest.

    How prevalent this problem is, ie, con artist, I do not know.

    You may have also heard on the news about the tax accounting firm Jackson Hewitt having several franchise offices engaging in fraudulent tax returns. You, as the tax return filer, can expect to be responsible for such fraudulent action that may result in tax penalties and interest.

Franco
Published:   4/14/07

    Update on IRIS.va.gov for more information.     It has been my personal experience, both in writing, certified/return receipt mail and IRIS to not given any response.

    Please also notice the wording of this notice, as in any legal disclaimer, that you have the right to obtain information from any source you feel is competent and in your best interest, but signing off on a claim that has any fabrication or fraudulent content is against the law and therefore, the VA can and will penalize you for life when and if that "intent" can be established by law.

    Filing a fraudulent claim is a serious matter, and something only a fool would attempt to do.     To learn more about having a lawyer, legal counsel representation, please click here.

    In the U.S.A., it is better to call 1-800-827-1000.

    Telecommunications Device for the Deaf (TDD): 1-800-829-4833

    And, on the same token, if you suspect any wrong doing in a VA program
or operation, call the Office of the Inspector General (OIG) Hotline at 1-800-488-8244

    VA Contact Info     VA Site Map     VA Problems?     Write your Congressman


VSM Legal Precedence   (16 Aug 06)     CLICK HERE TO GO TO TABLE OF CONTENTS PAGE
Or the Armed Forces Expeditionary Medal (AFEM)
that preceded the VSM
This landmark decision sets aside the definition of "service in 'Nam"
Over-turns any attempt by the VA to limit benefits to Vietnam-era Veterans
NOTICE   (15 Sep 06 Update)
.. take the above link to learn more about this landmark decision.


Veterans Board of Appeal   (VBA) SP/6 Picchione -- your Veteran Advocate Veterans Brotherhood

    Welcome to a very special section of Veterans Affair Section, designed to assist veterans (by veterans) in their claim processing education.     Please click on the dog tags, if you have already read the Preface.

Why a VBA Section ..


Who is Franco ..

VA Telephone Survey for Help Line

VA Appeal Court Judges Needed

Legal Counsel for your VA Claim

More on Government Cover-Ups.
 
Washington Post Newspaper online
Sign Name:   "VegasAdvocate"   16 May 07 .. 9 months since Haas
Posts:


VA Bonuses (16 May 07)

Why does Congress speak of only 600,000 case backlog when the Secretary chooses to put on hold up to 832,000 Vietnam Era claims based on the court ruling in Haas v. Nicholson (16 Aug 06) indefinetly?

See also Ribaudo v. Nicholson (13 Apr 07)


Our wounded .. in battle or a result of service

Our wounded ..

[those] wounded in battle
and
those sick because of service-connection ..


Soldier's Creed -   "No one is left behind"
And, we expect DOD/VA to do likewise ..


CLICK HERE TO GO TO TABLE OF CONTENTS PAGE
Buk Frank, Your Veteran Advocate Email Joe to set up an appointment today! "Buk" Frank
Vet Advocate
(702) 363-3290
Mailing Address:
Frank Picchione
8613 Freeport Ln
Las Vegas, NV
89117-5566
Army Bio
"All advocate services
our provided
to veterans
free of charge"
It's all about you, your character, your commitment, an independent voice for the soldier
Vietnam Wall stamp
Soldier's Helmet

Click here to continue.

"All gave some ..
some gave it all." The Purple Heart

Veterans of
The Vietnam War Era The Vietnam Service Medal
Date Criteria

Vietnam Campaign Medal
Republic of Vietnam Campaign Medal
Eligibility

Meritorious
Unit Citation
Cross of Gallantry
Republic of Vietnam Campaign Medal Republic of Vietnam Meritorious Unit Citation Medal (Cross of Gallantry MACV/Army Units
same dates
VSM
Other Services
check your regs

Armed Forces
Expeditionary
Service
Medal
The Armed Forces Expeditionary (Service) Medal
AFEM History

Vietnam
01 Jul 58 - 03 Jul 65
(AFEM earned for Vietnam service prior to 04 Jul 65 may be exchanged for Vietnam Service Medal (VSM), but may not revert back to AFEM)

Laos
19 Apr 61 - 07 Oct 62

Cambodia
29 Mar 73 - 15 Aug 73

Thailand
29 Mar 73 - 15 Aug 73
(Only in 'Direct Support' of Cambodia)

Operation
EAGLE PULL
[Cambodia]
11-13 Apr 1975

Operation
FREQUENT WIND
[Evacuation of Saigon]
29-30 Apr 1975

Source


National Defense
Service Medal The National Defense Service Medal
An Era of War ..
we were called
to serve ..

Important Tip

Medical opinions are crucial to winning claims.   In NSC claims, you can submit medical reports from doctors seen for your Social Security disability claim and vice versa.   Congress has ruled that service connection must be granted for certain problems if there is proof that the symptoms showed up within a specified period of time * (usually one year) after your discharge.   It doesn't matter how long it takes for the doctors to confirm a diagnosis.   When trying to prove service connection for other conditions,   be sure to tell the doctor that they don't have to be 100% certain that the problem is service connected, only 51% sure. Veterans are given the “benefit of the doubt” if the doctor thinks that the condition “is as likely as not” to have been caused by or present during military service.

* AO/Diabetes Mellitus
has no time limit
associated with onset
and
is presumptive
condition(s)
for Vietnam Veterans

On Medical Records,
Physician Opinions,
and Service-Connected
plus Secondary Conditions **

See V.A. CFRs

§ 3.304,   3.305,   3.306
§ 3.307,   3.309
and § 3.310 **
Vietnam Service - § 3.313 Physicals - § 3.326

More on CFRs

See USC Authority

Presumptions
Sound Condition -
§ 1111
Disease Relations -
§ 1112
Service Connection -
§ 1116
and
§ 1153 - Aggravation

§ 5107 Benefit of Doubt
§ 5109 - Medical Opinion

More on USCs

SP/6 Picchione -- your Veteran Advocate Frank,   Your Advisor
-- not quite a Counselor
yet ...     - Terminology
Case Studies
Table of Contents

See also
Supporting Our Troops

Legal Precedence

Definition

Plausible

"Well-Grounded"

Claims

Case Studies

Terminology

Forum

United States Code

CFR Reference

Service Connection

Secondary Conditions

VA Evidence Responsibility

Presumption Law

Providing
Independent Medical
Evaluations


38 U.S.C. § 5109
Independent
Medical Opinions


C.F.R. 38 § 3.326
(Physical) Examinations


V.A. Reviewer
Honor Guard salute! Click here to go to the top of the page.