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Table of Contents
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Chapter 1 — Military Law and Branch Overview - Chapter 2 — VA Benefits
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I. [2.1] Introduction - II. [2.6] VA Benefits Overview
- [2.7] Five Initial Inquiries
- [2.8] Is Claimant a Veteran or a Qualifying Dependent or Survivor?
- [2.9] What Was the Character of the Claimant’s Discharge from Service?
- [2.10] Did the Claimant Perform Active Military Service?
- [2.11] What Was the Length of the Claimant’s Military Service?
- [2.12] Was There Any Willful Misconduct by the Claimant Related to the Claim?
- Available Benefits
- [2.13] Educational Benefits
- [2.14] VA Home Loan Guarantee
- [2.15] Access to Insurance Benefits
- [2.16] Burial Benefits
- [2.17] Pension Benefits
- [2.18] Service-Connected Disability Compensation
- [2.19] Current Disability
- [2.20] In-Service Incurrence or Aggravation
- [2.21] Nexus
- [2.22] Direct service connection
- [2.23] Aggravation
- [2.24] Statutory presumption
- [2.25] Secondary service connection
- [2.26] Legal Standards
- [2.27] Certain Bars to Benefits
- III. VA Adjudication Process on an Original Claim for Disability Compensation
- Submitting a Benefits Claim at the Veterans Affairs Regional Office
- [2.28] Veterans Affairs Regional Office
- [2.29] Types of Claims Filed at the Veterans Affairs Regional Office
- [2.30] New or Original Claim
- [2.31] Reopened Claims Filed After a Final VA Denial
- [2.32] Claims for Revision of a Previous Final Decision Based on Clear and Unmistakable Error
- Claims Processing at the Veterans Affairs Regional Office
- [2.33] How To File a Claim at the Veterans Affairs Regional Office
- [2.34] Claim Processing
- [2.35] Duties Owed by the Veterans Affairs Regional Office
- [2.36] Time Limitations
- [2.37] Notification Letters
- [2.38] Denial of Claims
- VA Regional Office Administrative Appeal
- [2.39] Notice of Disagreement
- [2.40] De Novo Review by a Decision Review Officer
- [2.41] Statement of the Case
- [2.42] Board of Veterans’ Appeals
- [2.43] Hearing
- [2.44] Equitable Relief
- IV. Establishing the Percentage of Service-Connected Disability
- V. Disability Ratings and the Percentage of Disability
- [2.48] Introduction
- [2.49] Multiple Disabilities
- [2.50] Establishing the Percentage of Disability
- [2.51] Payment Levels
- [2.52] VA Evaluation of Claims
- [2.53] Benefit of the Doubt
- [2.54] Analogous Ratings
- [2.55] Combining Two or More Disabilities
- [2.56] Rule Against Pyramiding
- [2.57] The Amputation Rule
- [2.58] The Bilateral Factor Rule
- Special Evaluation Compensation Categories
- [2.59] Special Monthly Compensation
- [2.60] Noncompensable Evaluation
- [2.61] Total Disability Based on Individual Unemployability
- [2.62] Reevaluation of a Service-Connected Disability
- [2.63] Reduction of a Disability Percentage
- [2.64] Rating Schedule Revisions
- [2.65] Termination of Disability Compensation
- [2.66] Increase of Disability Percentage
- Chapter 3 — Labor and Employment
- Chapter 4 — Servicemembers Civil Relief Act
- Chapter 5 — Illinois State Benefits and Laws
- Chapter 6 — Family Law
- Chapter 7 — Resources
Authors
- Katie L. Ambler
- Michael Barnicle
- Joseph Butler
- Michelle Camden
- Brian Clauss
- John F. Costello, Jr.
- Charlene Foss
- Richard D. Fox
- Amy Garrett
- Nicholas Henry
- Kevin Hull
- Daniel Sean Patrick Lacy
- Steven J. Lepper
- Katherine E. Licup
- John Lynn
- Mary C. Meixner
- Marcia L. Moellring
- Brian Morris
- Akeela Savage
- Sean M. Smoot
- Margaret Riley Thomas
- Carl S. Tominberg
- Jason T. Vail
- Thomas White
- Jeanne C. Wood
- Julie Yriart
Military Service and the Law (ARCHIVED 2009 EDITION & 2013 SUPPLEMENT)
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