(VSO)QUESTIONS & ANSWERS
(RATED A+)
VBM - ANSWERVeterans Benefit Manual
An Advocates 1st Rule? - ANSWERDo no harm
What document is required to represent a Veteran? - ANSWERPower of
Attorney(POA)
Presumption of Soundness - ANSWERThe assumption that the Veteran was in
sound condition when he or she entered the service.
Presumptive Service Connection - ANSWERSome diseases can be presumptively
service connected--- that is, if they appear within a certain period of time after
service(called presumptive period).
Secondary Service Connected - ANSWERAny disability that is caused by a service-
connected disability can be service connected.
Section 1151 Claims - ANSWERRegarding injury, disability, or death due to VA
hospital care, medical treatment, examination or vocational rehabilitation. VA can be
held legally responsible results of care.
Federal Tort Claims Act - ANSWERLaw and process by which a citizen can sue the
government when persons are injured by a negligent federal government employee.
A Veteran filing a section 1151 claim should also file FTCA claim too(FTCA law
attorney advised).
When can the VA deny a claim? - ANSWERIf the weight of the evidence is (more
than half) against the claim
Duty to Assist - ANSWERVA has the duty to assist claimants who submit a
reasonably possible claim in developing evidence to support their claims
What helps makes an advocates claim successful - ANSWERPresent reasons why
the benefit should be granted and cite appropriate statues and regulations using the
VA's adjudication procedures manual (M21-1MR).
M21-1MR - ANSWERVA's Adjudication Procedures Manual
What are the 3 elements of a disability compensation claim? - ANSWER1. Veteran
must currently suffer a disability or have suffered from disability since the claim was
, filed 2. Must be some incident in service that could have caused the condition and 3.
There must be some way of linking that current condition to that incident.
3 Departments of the VA - ANSWERVeterans Benefits Administration (VBA),
Veterans Health Administration (VHA), Central VA Office (VACO): national
Cemetery, General Counsel, Office of Inspector General.
DRO - ANSWERDecision Review Officer
What is a review "de novo" - ANSWERA new and complete review without giving
any weight to the fact that the Regional Office(RO) personnel previously denied the
claim.
Are Veterans automatically entitled to VA healthcare? - ANSWERNo, VA medical
care is principally directed toward treating medical problems related to Veteran's
military service and toward helping some low income Veterans.
How many Priority Groups are there? - ANSWER8
Which statute governs Veterans Benefits - ANSWERTitle 38 of the United States
Code (Title 38 U.S.C)
Which regulations are written by the VA and used to carry out the laws written by
congress? - ANSWERTitle 38 Code of Federal Regulations (Title 38 C.F.R.)
How many and what are the types of discharges? - ANSWER1. Honorable 2.
General, Under Honorable 3. Under other than Honorable(UOTH), undesirable 4.
Bad conduct 5. Dishonorable
Name the 2 entities Veterans may utilize to request a discharge upgrade -
ANSWERDischarge Review Board (DRB) & Board for the Correction of Military
Records (BCRM)
Willful Misconduct - ANSWERDeliberate or intentional wrongdoing with knowledge of
or wanton disregard of its probable consequences.
As of 9/8/1990 what is the length-of-service requirement? - ANSWERA Veteran must
have completed a minimum period of service either 24 months of continuous active
duty or full period for which the Veteran was called or ordered to active duty.
Family Members Eligibility - ANSWERUsually family members are not entitled to
receive benefits in their own right if the Veteran is alive. If the Veteran is deceased,
some surviving family members of the Veteran may be entitled to certain VA death
benefits.
What benefits might surviving family members be eligible for? -
ANSWERCHAMPVA, burial benefits, VA home loan guaranty, Dependency and
Indemnity Compensation (DIC) or non-service connected death pension.