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Congressional Act 2000 Text
VA Claim Assistance Act @ signed 9 Nov 2000
(One of the last official acts by President Clinton)
See Legal Terms - Evidence.

VSM Legal Precedence   (16 Aug 06)     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.

"Love that name!   Track'em!   Beats Watchdog anyday!"   - Recon
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    By far, the premier legal research website, in the world.
    Bookmark this baby -- you will be back.
    Here is a sample key case to learn more about laws that affect veteran claims:   Moody v. Principi.     It is a backdating case, with other overtones, eg, informal claim(s) and issues that are also covered in my initial case, below, where there is a "secondary condition" to a service-connected injury or disease.     (You can never learn enough about secondary condtions because many injuries or illnesses will lead to them and you want your disability rating comiserate with same.)     When I was doing paralegal work with Family Court, I couldn't have lived without it -- just like the Internet.     More on Case Studies

  Action Alert:     Veterans' Right to an Attorney Act

    A critical bill affecting veterans is sitting in the Veterans Benefits Subcommittee. H.R. 3492 would allow Disabled Veterans to pursue needed disability benefits by allowing them to obtain an attorney to represent them while filing claims for disability benefits.     The Veterans' Right to an Attorney Act would prohibit a fee from being charged, allowed, or paid for attorneys' services with respect to veterans' benefits claims at any time before the date on which the Board of Veterans' Appeals first makes a final decision in the case.     How do you feel about this bill? Write your congressman!     Use our system to contact your representatives directly:   This is your opportunity to make a difference!     To read past letters to leaders concerning issues in the military,   click here.     To read more action alerts,   click here.     To sign a petition in favor of H.R. 3492, click here.
 

The A/O Act of 1991 authorized the VA to establish regulation for 
presumption of service connection for diseases associated with Herbicide 
Exposure. Under the terms of the 1991 Legislation this authority would 
expire at the end of fiscal year 2003. Public law 107-103 extends VA 
authority to contract with NAS through October 1, 2014 and extends VA's 
authority to determine a presumption of service connection through 
September 30, 2015.

Diabetes Mellitus Type II

Presumptive Condition Part I

 What does it mean? The Claimant must show proof of a relationship 
between service and the condition being claimed. Under presumption 
service connection, VA presumes the service connected relationship 
exists based on the other qualifying criteria. Such as dates and 
location if served and that the condition being claimed, in this 
case it is associated with exposure to Agent Orange.

To have presumptive connection granted for diabetes, the claimant 
must have served in country. In country means during the period 
1/09/62 - 5/07/75. You must have physically served in the RVN, 
including service in the waters offshore, if the condition of 
service involved duty or any visitation in Vietnam. This means 
the ship must have come to port in the RVN and that you, the 
veteran, have to disembark.

Title 38 US Code Section 1116

State to provide entitlement to these presumptions for those 
Veterans who were exposed to A/O while serving in areas other 
than Vietnam where A/O was tested, sprayed or stored.


More Agent Orange Sprayed in Vietnam than Thought

 A new study finds that the US military sprayed more Agent Orange 
in Vietnam than originally thought. The study also boosts the 
estimates of other herbicides, like Agent Pink which is closely 
related to Agent Orange but even more potent. Researchers at 
Columbia University upped the amounts after re-examining military 
records. They found that about 21million gallons of the herbicides 
were sprayed from 1961-71. That’s 10% more than previously believed, 
but scientists say it remains unclear whether the increased amount 
raises the illness risk if those who were exposed. Two thirds of 
the herbicide were contaminated with the most dangerous form of 
dioxin, T-C-D-D, which is associated with cancers, neurological 
disorders, miscarriages and birth defects.

Related Story:  Reuters Healthnews

§ 552  Public information; agency rules, opinions, orders, records, 
     and proceedings
 
§ 553  Rule Making

§ 101   Definitions

§ 1101  Definitions

§ 1110  Basic entitlement    Presumptive Diseases and "direct cause"

§ 1111  Presumption of sound condition

Source:  National Vaccine Information Center
"Childhood Vaccinations and Juvenile-Onset (Type-1) Diabetes"
by Harris Coulter, Ph.D.
President, Center for Empirical Medicine

Testimony before the Congress of the United States, House of Representatives, 
Committee on Appropriations, subcommittee on Labor, Health and Human Services, 
Education, and Related Agencies

April 16, 1997


DOD/VA Scandal:  "Personality Disorder”: A Deliberate Misdiagnosis
To Avoid Veterans’ Health Care Costs! 

Testimony before the Congress of the United States, House of Representatives, 
Veterans' Affairs Committee

In the last six years, the military has discharged over 22,500 service members 
due to Personality Disorders.

July 25, 2007


"Childhood Vaccinations and Juvenile-Onset (Type-1) Diabetes" Study

V. Conclusion

Military and African American Populations Need Study - Further evidence of a possible 
vaccination link is found in the data on diabetes in US Navy enlisted personnel mentioned 
above. These are individuals in whom Type-I diabetes has appeared after the age of enlistment 
(since diabetes is a bar to enlistment).  Frequent vaccinations seems to be a fact of life in 
the US armed forces. In the absence of any suggestion as to other possible causative factors 
which could transform a healthy sailor into a diabetic, the vaccinations which these men and 
women receive at regular intervals during their naval service must be considered as prime 
suspects. (36)

VI. Suggestions for Action

As noted throughout this paper, the Public Health Service and other federal health agencies 
promote vaccination programs and do not readily criticize them. Even the scanty information 
we have today about vaccine damage would not have been available if the Congress had not 
adopted the National Childhood Vaccine Injury Act of 1986 (over a presidential veto), 
compelling these agencies to investigate areas they would have preferred to ignore.

The following action items are suggested as ways to prevail on these agencies to pursue 
further research on these matters and thus increase our knowledge of the 
vaccination-diabetes connection.

         Study Military Personnel - An effort should be made to contact 
         former armed services personnel who contracted Type-I diabetes * while on 
         active service. Since diabetes is a bar to military service, one can be 
         relatively certain that these individuals were diabetes-free at the time 
         of enlistment.  It would be interesting to ascertain the chronological 
         relationship between one or another of the many vaccinations received by 
         servicemen and women and the date of onset of the first symptoms of 
         diabetes (the testimony of one who did contract diabetes in this way is 
         given in the Appendix).

         Study Modification of Vaccination Schedules - Alternative scheduling of 
         childhood vaccinations as a way of minimizing the incidence of Type-I diabetes 
         should be studied.

         Conduct Cost-Benefit Analyses - Cost-benefit analyses of various childhood 
         vaccines should be prepared based on the assumption that they contribute to the 
         incidence of Type-I diabetes.

         Alert Doctors - Physicians should be alerted to Type-I diabetes as a 
         possible consequence of rubella, pertussis and other childhood vaccinations; 
         if that were done, the reporting of Type-I diabetes would be intensified.

         Add Type-I Diabetes to Vaccine Injury Compensation Table - Consideration 
         should be given to including Type-I diabetes in the Vaccine Injury Table of the 
         national vaccine injury compensation program created under PL99-660.


* Onset at a younger age is referred to as Type I versus Type II  In general,
Type I is a reference to those born with the deficiency.

Footnote (36)  Edward D. Gotham et al, op. cit.

    Type 2 Diabetes Mellitus in Children

==========================================================================================

§ 1112  Presumptions relating to certain diseases and disabilities

§ 1113  Presumptions rebuttable

§ 1114  Rates of wartime disability compensation

§ 1116  Presumptions of service connection for diseases  Chart  See § 1110 above too.

§ 1133  Presumptions relating to certain diseases

§ 1137  Wartime presumptions for certain veterans

§ 1151  Benefits for persons disabled by treatment or vocational rehabilitation

§ 1153  Aggravation    V.A. Reviewer

§ 1154  Consideration to be accorded time, place, 
           and circumstances of service

§ 1155  Authority for schedule for rating disabilities   See CFR 4.119.

DIC - Dependency and Indemnity Compensation    

See a widow's (appellant) claim @ Citation No. 0320491 08/18/03 (Before 04 Amendments)

§ 1310  Deaths entitling survivors to DIC   See CFR § 3.312  Cause of Death.
                             See also CFR § 3.322 DIC Benefits for Survivors
                                      CFR § 3.5 Dependency and Indemnity Compensation (DIC)
See the Amendments (2004)  re: (A) 10/year or (B) 5/year requirement

In general, a dependent of a veteran that was totally disabled for either 10 years,
or 5 years from release from active duty.  Military.com has a good sheet.
See VA Site  Dependent could be widow, parent, or children of a certain age.


 
CHAPTER 5  -  AUTHORITY AND DUTIES OF THE SECRETARY

Specific Sections re in Chapter 5

§ 501   Rules and regulations    re:  USC Title 5 above.

§ 511   Decisions of the Secretary; finality

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS 

Specific Sections re in Chapter 51
  
Definition of "claimant"

§ 5100  Definition of "claimant"

§ 5102  Application forms furnished upon request; notice to
         claimants of incomplete applications

§ 5103A  Duty to Assist Claimants

§ 5103  Notice to claimants of required information and evidence

§ 5104  Decisions and notices of decisions

§ 5106  Furnishing of information by other agencies

§ 5107  Claimant responsibility; benefit of the doubt

§ 5107  Benefit of the Doubt @ Your Advocate

§ 5108  Reopening disallowed claims

§ 5109  Independent Medical Opinions

§ 5109A  Revision of decisions on grounds of clear 
         and unmistakable error

§ 5126  Benefits not to be denied 
         based on lack of mailing address

§ 5701  Confidential nature of claims  (Disclosure of Records)

§ 5904  Recognition of agents and attorneys generally

§ 5905  Penalty for certain acts (AGENTS AND ATTORNEYS)

§ 7101  Composition of Board of Veterans' Appeals

§ 7104  Jurisdiction of the Board

§ 7105  Filing of Notice of Disagreement and Appeal   NOD

§ 7107  Appeals: dockets; hearings

§ 7109  Independent Medical Opinions

§ 7112  Expedited treatment of remanded claims

§ 7252  Jurisdiction; finality of decisions

§ 7261  Scope of review

§ 7262  Fee for filing appeals

§ 7266  Notice of Appeal

§ 7291  Date when Court decision becomes final

§ 7292  Review by United States Court of Appeals 

                         for the Federal Circuit

Title 28  re:  The United States Supreme Court

§ 2072  Rules of procedure and evidence; power to prescribe

"Buk Frank"
.. your paralegal

    Franco has been doing this legal crapola for a long time.     Since 1996, as a matter of fact, in a dispute of my (accumulated) assets in California where my ex-wife (over five years) attempted to enrich herself unjustly.

    I fixed her booty, good.     .. she walked away with enough money to pay her attorney fees.     I know, her attorney demanded the settlement check of $13K be sent directly to her;   her office.   <rofl>

    Click here, to visit the old site.     As a paralegal, I assisted both women and men (probono) in their legal paperwork.     If you think the guides for U.S.C. and C.F.R. are sophisticated/complicated, take a look at the Discovery Tips for Family Superior Court!