Veteran law midterm review slide deck Flashcards
Gi bill also known as what?
Servicemen readjustment act of 1944
VA becomes cabinet position when?
1988 - Reagan
AMA in 2017 did what?
Valid when?
- Created electronic system
- Restructured claims / appeals avenues “lanes”
Valid 2.19.2019
AMA valid on what date?
2.19.2019
What year was the VA mission act?
2018
Years?
AMA =
Mission =
Pact =
2017
2018
2022
Mission Act 2018 did what?
- Authorized ER visits without prior approval [community care]
Pact act 2022 did what?
Largest expansion of presumed medical conditions for Vets
How are admin. agencies created?
Acts of congress
_______ provides for the roles / powers of all agencies and procedures by which they must abide.
APA
_____ standard: Courts apply extremely deferential standard of review… whereas courts defer to agency interpretations of such statutes unless unreasonable.
Chevron [overruled by Looper]
After what date are claims going through the AMA system?
2.19.2019
4 criteria for “Veteran.”
- Served
- Active duty
- Discharged
- Not DH
Why is a medical opinion relying on VAs definition of insanity imperative?
Because modern psychiatry no longer deems persons “insane.”
T/F) Insanity can overcome most obstacles to benefits.
True
- Active duty service requirement for NG and reserves?
- For AD?
- Full period for which activated. Federal only. [Allen v. Nicholson]
- 24 months
T/F) NOAA, Public Health service, and Cadets at military academy may satisfy “active” duty requirement.
True
When does “active duty” requirement qualify under training for Reserves and Guard?
When the training is for FEDERAL purposes.
[Discharge]
VA considers a person a veteran if discharged under what conditions?
Under conditions other than dishonorable.
When will VA almost always find that discharge was DH?
- Was DH [General court marital]
- Administrative discharge
Statutory bars to VA benefits?
- Hacksaw ridge
- AWOL [180 days or more]
- Deserter
- Dismissal/resignation for “good of service”
- Alien
[Statutory bar]
Exception to 180 day AWOL bar?
“Compelling circumstances to warrant the prolonged absence.”
How many days minimum to = statutory bar for AWOL?
180 days
Regulatory bars?
- Mutiny / Spying
- Moral turpitude
- Willful misconduct
- aggravated homo acts
- Accepting undesirable discharge to avoid general court martial
When does the VA do its own character of service determination?
When less than Honorable
Exception to bar on VA benefits due to unfavorable discharge?
MST - get free care for all conditions related to it.
Length of service for vets serving before 9.8.1980?
Even 1 day will qualify.
One day of active duty qualifies if serving before what date?
9.8.1980
Serving after 9.8.1980 length of service requirement?
24 months or full period for which activated to FED duty.
T/F) RIF discharge is ineligible for some VA benefits.
False. Ineligible for ALL VA benefits.
- ___ ____ involves the intentional wrongdoing with knowledge of or reckless disregard of the probable consequences.
- 2 biggest examples?
- Willful misconduct, a regulatory bar.
- Alchohol and drug abuse
Initial claim submitted on what form?
526
Caluza elements?
- CD “competent evidence”
- In service event “at least likely as not”
- Medical nexus
Can pain untethered to medical diagnosis constitute a disability?
Yes if functional loss. [Sauners v. Wilkie]
Competent evidence examples?
- Medical diagnosis
- Medical journal
(2) In service event = what is big requirement?
“At least as likely as not” there was in-service incurrence or aggravation of disease.
How to establish in-service event?
Service treatment records, buddy statements, family statements, newspapers, etc.
Single most common reason for denial of SC?
Medical nexus
Five ways to establish medical nexus?
- Direct
- Aggravated
- Presumed
- Secondary
- VA injury
Does disability have to be a specific medical diagnosis in order for SC to be granted?
No. “Pain” can be sufficient if resulting in a functional loss.
Key factor for “In-Service event?”
At least as likely as not…
1154: Benefit of doubt goes to Veteran so long as…
…. so long as consistent with the conditions or hardships of such service…
Prerequisite for 1154 to apply?
Engaged in actual combat with the enemy
How to corroborate Veterans statement about combat service?
- DD214
- Military decorations, awards, etc.
Does the “evidence of stressor” requirement for combat Vets require evidence of actual combat?
No. There is a fear of hostile military or terrorist category. For this, need not be in designated combat zone.
T/F) In the fear category, if VA psych diagnosed Vet with PTSD, req. for corroborating evidence is eliminated.
True
How many priority groups?
8
PG 1
50 % or more
MOH
PG 2
30-40%
PG 3
10-20%
PH
POW
Generally, when is the effective date for benefits?
Date VA received 526 or date entitlement arose, whichever is later.
VA Form 66 preserves date that form filed as effective date so long as….
Vet files 1 year within that date.
All C&P examiners use what?
DBQs
Can Vets opt into AMA?
Yes
____ claim: First time claim or request for increase in rating.
Initial claim
_____ claims must be supported by new and relevant evidence.
No time limit on # times this can be applied for.
Supp. claim
Higher level review must be requested within….
1 year of decision.
Supplemental must be filed within 1 year of decision to do what specifically?
Preserve the initial effective date. You can also file a supplemental after this period but you have lost the effective date.
BVA [NOD] form?
10182
3 avenues for BVA review?
- Direct
- Evidence review
- Hearing
What form is the BVA appeal?
10182 Board Appeal [NOD]
3 BVA review types?
- Direct
- Evidence review
- Hearing
a. central office
b. videoconference
c. virtual telehearing
Define BVA direct review
- Direct review of file. No new evidence permitted. [de novo]
- Counsel may submit brief within 90 days of hearing
Define BVA evidence submission review.
You submit additional evidence in support of appeal form 10182 OR within 90 days of board receipt of the form.
T/F) If you have submitted a supp. claim or requested higher level review, you may NOT switch to new review option.
False.
1. Can switch to supp. claim at any time.
2. Can switch to HLR or Bd appeal within 1 year from date of decision letter.
When can you switch from a Board appeal?
If both are true:
1. Havent had hearing
2. Havent submitted new evidence
T/F) You can switch to HLR if your within 6 months of decision letter.
False. 1 year.
T/F) You cannot switch to supp. claim unless within 1 year of decision letter.
False. Can switch anytime but switching within 1 year preserves the effective date.
Initial claim =
Supp claim =
Intent to file =
HLR =
BVA =
Initial = 526
Supp = 95
I2F = 66
HLR = 96
BVA = 10182
