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Retroactive Benefits
The Vietnam veteran was diagnosed with lung cancer in a civilian setting. He was treated in a civilian setting. The first month, the spouse called the VBA toll free number to inquire of benefits available. She was informed that there probably weren't any as the veteran had been a smoker and he would have to prove that his lung cancer was service connected. Some 3 years later a VSO assisted the veteran to file for his presumptive herbicide benefit and he was rated at 100% for the residuals of his radiation and chemo treatments. No, the spouse has no hard record of the call. That would be too easy. Can the veteran return to VA to collect the first 3 years of benefits as he was misinformed?
Direct v Presumptive Cause
The Agent Orange presumptive list is great for a vet who had boots on the ground Vietnam service. But many vets (Blue Water, Korea, other chemicals) who don't fit the presumptive criteria are told by their VSO that they can not apply for benefits.
Lowered Ratings
When can VA lower ratings? What does the vet do?
5301
Are benefits always "protected"? I get a LOT of email from veterans who believe that their benefits are inviolate due to 5301 http://www.law.cornell.edu/uscode/uscode38/usc_sec_38_00005301----000-.html They are stunned when a family court judge marches them off to jail for not paying alimony or child support from their disability benefits.New and Material Evidence
What is it?BVA Remands
and "The Hamster Wheel"Assignment of fiduciary?
Why does that happen?Retaining an attorney
Just how does this lawyer thing work? Many vets have never retained the services of an attorney before. In this instance, they may be retaining a lawyer they will never meet in person. What might a veteran reasonably expect from an attorney when the appeal may take a year or two?DIC
If a veteran dies during an appeal. Can the survivors continue the case? Other DIC issues.Recoupments
http://www.armytimes.com/news/2008/08/military_veteransletter_defensedepartment_082908w/Appeals At The VARO / DRO / Personal Hearings
Appeals At The USCAVC
Presumption of soundness
upon induction into a military service and preexisting conditions.
CUE
The Clear and Unmistakable Error (CUE) claim.What is it, how does one file?
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