Everything Veterans Affairs does with your service-connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.
It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals, that is how they apply the law. The section of the law that covers the veterans’ benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.
It’s helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.
- U.S.C. United States Code United States Code is the law and the U.S.C. is the government’s official copy of the code.
- U.S.C.A. United States Code Annotated U.S.C.A. contains everything that is printed in the official U.S. Code but also includes annotations to case law relevant to the particular statute.
- C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law
- VA M-21 Compensation and Pension Manual
- VA M-21-4 C & P Procedures
- VA M28-3 Vocational Rehabilitation
- VA M29-1 VBA Insurance Manual
Decision Assessment DocumentSaunders v. Wilkie, Apr 3, 2018, 886 F. 3d 1356 (Fed. Cir. 2018)U.S. Court of Appeals for the Federal Circuit What the case is about: The Federal Circuit held that the Veterans Court erred as a matter of law in finding that the veteran’s pain alone, absent a specific diagnosis or otherwise identified disease or injury, cannot constitute a … [Read more…]about Saunders v. Wilkie, Apr 3, 2018, 886 F. 3d 1356 (Fed. Cir. 2018)
“It is not possible to resolve the issue of etiology [medical causation] of condition X without resort to speculation.” M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be SpeculativePay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting … [Read more…]about Mere speculation in your VA C and P exam
Source: TDIU or Individual Unemployability Source: Helpdesk.AskVetsFirst.org VA benefits are available to compensate a veteran at the 100% level if he or she is not able to work because of service-connected conditions even without a 100% schedular rating. This benefit is called “total disability on the basis of individual unemployability”, (“TDIU”), or sometimes … [Read more…]about Individual Unemployability
https://www.youtube.com/watch?v=4cFUwC0oypQ Chris Attig talks to you about a question that a lot of Veterans ask him: Let’s jump right into the answer. Many Veterans perceive the 100% rating as the end of the line. The sign of victory over the Hamster Wheel. But….….is it REALLY over when you get to 100%? Well, the hard part sure … [Read more…]about 6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100%