Author: seth-old

Last week, the St. Paul Pension Management Center granted on appeal the surviving spouse of a veteran Dependency and Indemnity Compensation (DIC).  The issue on appeal involved a dependency status question when the marriage lasted less than one year.  While marriage for one year is the normal predicate question for spousal status, in this case “status” was satisfied under 38 C.F.R....

Last week, we published a short article concerning the Yale Veterans Clinic’s petition under the All Writs Act in Monk v. McDonald.  In the ensuing week, numerous websites have published articles about this petition, to include the New York Times (accessible at April 7, 2015 New York Times Article). In addition to press articles, a number of veterans (to include clients) have emailed me...

On October 6, 2014, David Hilzenrath, an editor for Project on Government Oversight (POGO), published a lengthy and comprehensive article on a veteran the firm began representing last year.  The claim involved a Department of Veterans Affairs (VA) medical malpractice claim under 38 U.S.C. §  1151 that has been pending at different levels of the VA adjudication process since 2006.  At the time...

As documented by various news organizations, the Yale University Veterans Legal Services Clinic  has filed a petition for writ of mandamus regarding the delay in adjudication on appeal for a Vietnam veteran, Mr. Conley F. Monk, before the Court of Appeals for Veterans Claims (CAVC).  While petitions for a writ of mandamus before the CAVC are filed and denied on a daily basis by the CAVC, Mr....

A few days ago, we blogged about the Veterans Health Administration (VHA) eliminating net worth in determinations of eligibility and assignment of priority group. I commented that the VA Form 10-10EZ would need to be updated to reflect this change. I was a day late and a dollar short, the Department of Veterans Affairs has updated both the VA Form 10-10EZ and VA 10-10EZR (Health Benefits...

Effective March 24, 2015, the Department of Veterans Affairs (VA) is mandating that certain forms be used to effectuate the filing of a claim before the Veterans Benefits Administration (VBA).  The VA’s website has been updated to reflect this at VA Claim Filing. The five forms veterans should be aware of are: (1) VA Form 21-526EZ (Claim for Compensation); (2) VA Form 21-527EZ (Claim for...

The Department of Veterans Affairs (VA) announced last week that the Veterans Health Administration has eliminated the use of net worth during both the determination of eligibility and assignment of VHA priority group.  The VHA will now only consider gross household income and deductible medical expenses for veteran otherwise not assigned a higher VHA priority group due to service-connected...

Yesterday, Sean Connolly, Army Judge Advocate General, was named as commissioner of Connecticut’s Department of Veterans Affairs.  More information concerning his appointment can be found at Connecticut Mirror. I don’t believe I personally had any interaction with Mr. Connolly (though I recall reviewing court-martial records where he was counsel); however, I know many of my...

On February 9, 2015, the Court of Appeals for Veterans Claims (CAVC) issued an  opinion stating “ urged by the veteran, that  § 3.309(a) includes tinnitus, at a minimum where there is evidence of acoustic trauma, as an “organic disease[] of the nervous system.”  That decision can be accessed at Fountain 13-0540 (Fountain v. McDonald).  In essence, the CAVC overturned a...

Of recent, we had a few favorable decisions that address similar issues than may provide insight for veterans with similar concerns.  In this Blog, it involves proof of service in the Republic of Vietnam. In terms of the little things, the now-updated version of Acrobat Reader permits me to save already-filled Standard Form (SF) 180s.  This form is used to make a request for military personnel...