Author: seth-old

We recently began representation of a Korean War veteran who had appealed a denial of service connection for renal cancer causally-related to benzene exposure.  During the initial triage of claim and legal memorandum to the Board of Veterans’ Appeals (Board), we had briefed a few issues regarding Stegall v. West, 11 Vet. App. 268 (1998) and the C&P examiner’s misreading of a...

On the heels of DoD Secretary Hagel and DA Secretary McHugh’s recent guidance concerning applications for discharge upgrades when there is an underlying issue concerning post-traumatic stress disorder (PTSD), the Army Review Boards Agency (ARBA) has launched a new website devoted to the issue.   The webpage can be accessed at ARBA Discharge Upgrade/PTSD. The above webpage explains both...

Rarely a day goes by where a veteran — some days a baker’s dozen — does not contact me via email (sdirector@FRE-L.com) or telephone ((732) 382-6070) concerning issues they are having with the Department of Veterans Affairs.  These contacts come in from all geographic areas (to include out-of-country) and range in issue from initial claim processing confusion to issues...

On December 4, 2014, the Court of Appeals for Veterans Claims issued a decision in Gazaille v. McDonald (hyperlinked).  The majority held that the claimant, the wife of a deceased Vietnam War veteran, was not entitled to Dependency and Indemnity Compensation (DIC) because she did not meet the statutory requirements (38 U.S.C. § 1304) or regulatory requirements (38 C.F.R. § 3.54(c)(2)) of being...

On September 3, 2014 DoD Secretary Hagel issued a memorandum to the Board of Correction of Military Records regarding discharge upgrade requests when there is an underlying issue of post traumatic stress disorder (PTSD).  We previously blogged about this supplemental guidance at http://blog.finkrosnerershow-levenberg.com/va-benefits-news/sec-hagels-guidance-bcmnr-ptsd/. On November 3, 2014,...

It is common that the Veterans Law Section of Fink Rosner Ershow-Levenberg gets inquires regarding military/veterans legal representation that are not specifically related to the Department of Veterans Affairs and Title 38.  A common issue is veterans seeking representation to request a military discharge upgrade and/or correction of military records.  Many veterans are confused on how to...

A few weeks ago, the Veterans Health Care Administration (VHA) released an updated version of the handbook explaining a veteran’s explanation of rights and benefits.  The attached sample, accessible at 2014 Veterans Health Benefits Handbook, will essentially be the same as the personalized version that veterans should receive in the mail. If you have questions regarding your eligibility...

In 2000, Congress created the Veterans History Project, a initiative through the Library of Congress to collect, record, and preserve information pertaining to veterans of past and current conflicts.  It is often that I’ll see hand-written narratives from WWII veterans or oral recollections from Vietnam veterans explaining the events they witnessed.  It’s a humbling experience and...

On October 20, 2014, the Department of Veterans Affairs issued the following VA Press Release explaining the expansion of Post-9/11 GI Bill benefits to surviving spouses of servicemembers killed while on active duty.  This announcement is implementation of one of the statutory provisions of the recent Veterans Access, Choice, and Accountability Act of 2014 (“Choice Act”). It also gives me an...

On October 20, 2014, the Court of Appeals for Veterans Claims (CAVC) issued a single-judge unpublished memorandum opinion in Heredia v. McDonald.  The opinion is not precedential and presents no point of law that is unresolved, however, it will hopefully give insight in the future for filing a VA survivor benefits claim.  In essence, the surviving spouse, Mrs. Natalia Heredia, of Marine...