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Monday, February 1, 2010

Fundamentals--a good place to start

You know the U.S. Department of Veterans Affairs has not always been known by that name. Way back in the day (1918-1919)the Federal Board for Vocational Education, the Bureau of War Risk Insurance came into existence along with The Bureau of War Risk Insurance. In 1921 Congress created the Veterans' Bureau that was a consolidation of the previous three agency activities. In 1929 Congress passed law that created the Veterans Administration by uniting three bureaus - the previously independent Veterans' Bureau, the Bureau of Pensions and the National Homes for Disabled Volunteer Soldiers. President Hoover signed the executive order establishing the VA on July 21, 1930. President Reagan signed legislation in 1988 to elevate VA to Cabinet status and, on March 15, 1989, the Veterans Administration became the Department of Veterans Affairs (DVA). As reorganized, the department included three main elements: the Veterans Health Services and Research Administration, which was renamed the Veterans Health Administration; the Veterans Benefits Administration; and the National Cemetery System. That's where we stand today. There have been ongoing/substantive changes through the years since VA became DVA. One thing you can count on: there is a constant change afoot within the laws administered by DVA. We'll talk more about that as we go along. One huge change that took place was the creation of a U.S. Court of Appeals For Veterans Claims. From the U.S. Civil War up to 1988, a span of 125 years, there was no judicial recourse for veterans who were denied benefits. The Department of Veterans Affairs (DVA), formerly the Veterans Administration, was virtually the only administrative agency that operated free of judicial oversight. VA existed "In splendid isolation" from judicial review. After nearly three decades of debate, a veterans' court was finally created under Article I of the Constitution by the Veterans' Judicial Review Act on November 18, 1988. The new veterans court was named the United States Court of Veterans Appeals. On March 1, 1999, the name was changed by the Veterans' Programs Enhancement Act of 1998 to what it is known today as the U.S. Court of Appeals for Veterans Claims (CAVC). As a veterans' advocate I felt like a pallet of amunition was dropped and we, as advocates, were powered-up for success in prosecuting vets' claims. Finally judicial review!--a Court that could, and has, held DVA's feet to the fire of facts pressed up against law! The Court has made NUMEROUS presedent decisions tha DVA is required to follow. Some case that arive at the Court are decided by one judge; some are decided by a three judge pannel, and some by the Court en blanc (all sitting judges). As we've come through time the decisions rendered by the Court have been a boon to veterans--DVA has had to follow the law and their own regulations. Prior to the Court the only folks a vet could appeal to was the agencie that denied him in the first place--something a little hinky with that don't you think? More to follow on fundementals of preparing a claim, presenting a claim, and prosecuting a claim. I'll try my best to impart valuable info/tips on how to be successfull in your claim for benefits. Today the DVA has approximately 1,000,000 cases in backlog status. ONE MILLION! Sua Sponte

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