Request for Reconsideration and the VA Appellate Process
We recently published a short article on the appellate process for disability compensation claims before the Department of Veterans Affairs (VA). The article, which can be accessed at http://www.finkrosner.com/articles/va-appeal-process.html, provides a short, concise overview of how a veteran/claimant would appeal an unfavorable VA decision.
This provides me with an opportunity to also...
Federal Circuit Opinion on Informal Claims for Veteran Benefits
On January 4, 2013, the Federal Circuit issued a published opinion in Harris v. Shinseki regarding what constitutes an informal claim for benefits before the Department of Veterans Affairs (VA). The opinion can be accessed at Harris v. Shinseki.
The Federal Circuit ruled that the Court of Appeals for Veterans Claims (CAVC) failed to properly consider the legal standard set forth in Moody v....
Supreme Court Denies Veteran Cert. Petitions
The Supreme Court denied petitioners’ request for Writ of Certiorari (cert. petition) today in both Veterans for Common Sense v. Shinseki, et al., and Byron v. Shinseki. The Supreme Court order denying the cert. petitions can be accessed at Supreme Court January 7, 2012 Order.
As documented in the linked Reuters Article, the Supreme Court’s decision not to hear the case of...
Two Veteran-Related Cert. Petitions Pending Before Supreme Court
Two veteran-related Petitions for Writ of Certiorari (cert. petition) were distributed for conference today before the Supreme Court of the United States. Once distributed for conference, the Supreme Court will usually announce disposition of the case the following Monday. Further explanation can be found at Supreme Court Link.
The first cert peition, Veterans for Common Sense v. Shinseki,...
Motorcycle Ride Support Group for Veterans Looking for Volunteers
As the linked NJ.com Article notes, the Warriors’ Watch Riders is looking for volunteers to help support their troop ride support program. The Warriors’ Watch Riders is a grassroots, not-for-profit, group of who provide motorcycle escorts for returning troops. Their website is located at Warrior’s Watch Riders and provides a list of upcoming events and rides. You do not need...
Veterans Program – Voices of Valor, Monclair State University
On a frequent basis, I come across local veterans program that are unrelated to the Department of Veterans Affairs or veteran disability compensation. Going forward, I will tag those posts under “NJ Veterans Programs” and hopefully will create comprehensive list of pro-veteran programs in the New Jersey area.
The linked CBS News Article indentifies a music therapy program for...
Free Consultation and Review of VA Claims File . . . And More About the Backlog
Today’s veteran-related news includes an USA Today Article about the growing homeless veteran population and a NPR Report about the ever-present backlog of VA disability claims. These are critical issues before the Department of Veterans Affairs and will require contributions on the part of the entire nation to resolve.
Although these are systemic issues with no simple solution, the...
William Greenberg Confirmed for CAVC . . . and More Backlog
On December 21, 2012, the Senate unanimous confirmed William S. Greenberg, of New Jersey, to “be a Judge of the United States Court of Appeals for Veterans Claims for a term of fifteen years.” As I blogged in a December 17, 2012 Post, Mr. Greenberg has a long history of military service as a reserve-component Army Judge Advocate General and an equally long history of pro bono...
Happy Holidays From Fink Rosner Ershow-Levenberg
If you are a current servicemember serving away from your family, I truly hope that the men and women serving beside you can provide a secondary-family environment to make the holiday season special. If you are a veteran, or the family of a veteran, the attorneys and staff at Fink Rosner Ershow-Levenberg wish you a happy holiday.
In the spirit of the holiday season, I have linked to an...
No More Annual Eligibility Verification Reports for VA Pension
In welcome news for many aging veterans and surviving spouses who receive pension through the Department of Veterans Affairs (VA), the VA will no longer require those recipients to file annual Eligibility Verification Reports (EVR). More information about the VA pension programs can be found in an earlier blog post at...