VA Handbook for Veterans and Advocates was written by a service-connected combat veteran and licensed attorney for fellow veterans and advocates who want to file a claim with the U.S. Department of Veterans Affairs (“VA”) for disability compensation, health care and other benefits. Advocates and family members will also find it useful. The Handbook provides an A-to-Z explanation of the claims process, from gathering records and speaking with accredited individuals to filing a claim for benefits and appealing improper denials. It explains the hierarchy of veterans law, how to understand and apply decisions from the U.S. Court of Appeals for Veterans Claims, the significance of the M21-1 Manual, and more. VA Handbook also breaks down the modernized appeals system that went into effect in February 2019, with a detailed look at each option that is now available to veterans in the updated appeals process. It should be required reading for all veterans and advocates. If you are going to file a claim for VA benefits, get VA Handbook for Veterans and Advocates.
A look at the contents:
Chapter 1. History of Veterans Benefits
1.1 – Organic era
1.1.1 – Colonies
1.1.2 – Revolutionary War
1.1.3 – Civil War
1.2 – 20th Century pre-modern era
1.3 – Post-1988 modern era
1.4 – An American tradition
Chapter 2. Veterans Law
2.1 – Legal authorities
2.2 – Structure of VA Department
2.3 – VA claim / appeals hierarchy
2.4 – Strongly and uniquely pro-veteran system
Chapter 3. Claims for Disability Compensation
3.1 – Service-connected disability
3.2 – Veteran status
3.2.1 – Character of discharge
3.2.2 – Unlawful COD denials
3.3 – Bars to benefits
3.3.1 – Statutory bars
3.3.2 – Regulatory bars
3.3.3 – “Compelling Circumstances” exception
3.3.4 – Willful misconduct
3.3.5 – Suicide
3.4 – *Requirements for service-connection
3.4.1 – Current disability
3.4.2 – In-service injury or disease
3.4.3 – Nexus
3.5 – Five ways to establish nexus / service-connection
3.6 – Burden of proof
3.7 – Standards of proof
3.8 – Post-traumatic stress disorder
3.8.1 – Combat (stressor)
3.8.2 – Fear of hostile activity (stressor)
3.8.3 – Sexual assault (stressor)
3.9 – “Agent Orange” herbicide exposure
3.9.1 – Agent Orange Act of 1991
3.9.2 – Presumption of causation
3.9.3 – Presumption of exposure
3.9.4 – “Blue Water” navy veterans
3.9.4.1 – Blue Water Navy Veterans Act of 2019
3.9.4.2 – VA Ship List
3.9.4.3 – Retroactive benefits
3.9.5 – Agent Orange lawsuits
3.10 – Camp Lejeune contaminated drinking water
3.10.1 – Claims for medical care
3.10.2 – Claims for disability compensation
3.11 – Most common service-connected disabilities
3.12 – Disability ratings
3.13 – Effective dates
3.14 – Individual unemployability
Chapter 4. VA’s Duty to Assist Veterans
4.1 – Provide free forms and information
4.2 – Give notice of incomplete claims
4.3 – Give notice of evidence needed to substantiate a claim
4.4 – Obtain records needed to substantiate claim
4.5 – Provide a medical examination or opinion
4.6 – Liberally read pro se filings, fully develop claims
4.7 – Infer all claims and maximize benefits
4.8 – Consider the entire record of evidence
4.9 – Resolve reasonable doubt in favor of the veteran
4.10 – Give notice of decision regarding benefits
Chapter 5. How to File a Claim
5.1 – Gather your record
5.1.1 – How to request military records
5.1.2 – Gather private medical / other records
5.2 – Appoint accredited representative
5.3 – “Intent to File” claim
5.4 – File disability claim
5.4.1 – Claim - PTSD
5.4.2 – Claim – PTSD – sexual assault
5.5 – File claim for health care benefits
5.6 – VA reviews claim
5.6.1 – Character of discharge
5.6.2 – Compensation & Pension examination
5.7 – VA issues ratings decision
5.8 – Finality of decision
5.8.1 – Clear and unmistakable error
5.8.2 – Supplemental claims with new evidence
Chapter 6. Appeals
6.1 – Modernized review system
6.2 – How to appeal a claim
6.2.1 – Supplemental claim
6.2.2 – Higher-level review
6.2.3 – Notice of Disagreement
6.2.3.1 – Direct Review
6.2.3.2 – Evidence submission
6.2.3.3 – Hearing with a Veterans Law Judge
6.3 – Legacy claims & appeals
6.4 – Requesting your C-file
Chapter 7. Help Filing a Claim
7.1 – Accreditation
7.2 – Veterans Service Organization Representation
7.3 – State Dept. of Veterans Affairs Representation
7.4 – Representation by attorneys
7.5 – Representation by claims agents
7.6 – Fee Agreements
7.7 – Fees
7.7.1 – When fees may be charged
7.7.2 – CAVC | fees and fee agreements
7.7.3 – Equal Access to Justice Act fees
Chapter 8. Other Benefits
8.1 – Education benefits
8.1.1 –Vietnam Era VEAP
8.1.2 –Montgomery GI Bill
8.1.3 –Post-9/11 GI Bill
8.2 – Vocational Rehabilitation & Employment
8.3 – Dependents Educational Assistance
8.4 – VA home loan
8.5 – Veterans and survivors pensions
8.6 – Dependency and Indemnity Compensation
8.7 – Burial and memorial death benefits
“The VA disability compensation system is not meant to be a trap for the unwary, or a stratagem to deny compensation to a veteran who has a valid claim.” Coomer v. Peake, 552 F.3d 1362, 1369 (Fed. Cir. 2009)
“The Department of Veterans Affairs is required to reject a disability claim if the claimant fails to put forth sufficient evidence showing that he suffered an injury or incurred a disease during service.” Holton v. Shinseki, 557 F.3d 1362, 1370 (Fed. Cir. 2009)
“The government’s interest in veterans cases is not that it shall win, but rather that justice shall be done, that all veterans so entitled receive the benefits due to them.” Barrett v. Nicholson, 466 F.3d 1038, 1044 (Fed. Cir. 2006)
“In the context of veterans’ benefits where the system of awarding compensation is so uniquely pro-claimant, the importance of systemic fairness and the appearance of fairness carries great weight.” Hodge v. West, 155 F.3d 1356, 1363 (Fed. Cir. 1998)
“The contrast between ordinary civil litigation . . . and the system that Congress created for the adjudication of veterans’ benefits claims could hardly be more dramatic … [the latter having] laws that place a thumb on the scale in the veteran’s favor.” Henderson v. Shinseki, 131 S. Ct. 1197, 1205 (2011)