Author: seth-old

On October 7, 2014, the Court of Appeals for Veterans Claim (CAVC) published a decision in Roberts v. McDonald (regarding how the offset should occur for surviving spouses both entitled to annuity benefits under the Survival Benefits Plan and VA benefits pursuant to dependency and indemnity compensation (DIC)), and a number of unpublished decisions.  While unpublished decisions have no legal...

On September 22, 2014, the Board of Veterans’ Appeals (BVA) granted service connection for an acquired mental health disorder and tinnitus for a Navy veteran.  These disabilities related to documented TBI incidents that occurred while on active-duty service during the 1980s.  The Board remanded to the VA Regional Office to assess the level of disability for the now-service connected...

Although we were only involved in the claim for the last year, after multiple now-final denials (dating back to the 1960s) and a request to reopen that has been pending over ten years at various levels of the adjudication process, the Board of Veterans’ Appeals (BVA) granted service connection for an Army Security Agency (ASA) veteran with a severe lumbar-spine disability that he...

This week, we had the good fortune of discussing ancillary benefits for a Marine Corps veteran who was granted service connection and 100% P&T for disabilities related to Volatile Organic Compounds (VOCs) exposure while stationed at Camp Lejeune, North Carolina.  My gratitude to the veteran’s physician for being so accommodating and generous with his time to review an abundance of...

In the July 2014 issue of The Army Lawyer, Captain Jeremy Bedford published an article entitled, “Eligibility for VA Disability Compensation and Health Care Benefits for Army National Guardsmen Discharged with an Other Than Honorable Discharge”.   The article, accessible at Army Lawyer Article, OTH Discharge and VA Disability, discusses inter alia the situation where the service...

On September 3, 2014, Secretary of Defense Chuck Hagel issued supplemental guidance to the Correction of Military/Naval Records (BCM/NR) for veterans seeking discharge upgrades when the underlying misconduct may have a relationship to service-related Post Traumatic Stress Disorder (PTSD).  Service secretaries have been directed to implement the guidance within 45 days. A copy of the directive...

Since the Department of Veterans Affairs released the standardized Notice of Disagreement (VA Form 21-0958) in February 2013, hundreds of veterans have contacted me because they have been unable to download the form through the VA website at http://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958.  In turn, I’ve been happy to provide the Notice of Disagreement form via email.  From my...

Recently, the VA announced an interim rule (effective August 4, 2014), and proposed final rule, which incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) criteria into Title 38.  More information about the changes can be found at...

As the linked Asbury Park Press article documents, the James J. Howard Veterans Clinic will open a supplemental location (1688 Route 88, Brick, New Jersey) next month.  Veterans Affairs New Jersey Health Care System (VANJHCS) spokeswoman, Sandra Warren, explains the new location will house physical therapy, prosthetics, optometry, and — significantly from my perspective — a shuttle...

Previously, we blogged about the Court of Appeals for Veterans Claims (CAVC) en banc per curiam opinion in Pacheco v. Gibson.  There were multiple concurring and dissenting opinions which are worth reviewing and, frankly, by my math the concurring in part and dissenting in part opinion authored by Chief Judge Kasold (joined by Judges Hagel, Moorman, and Lance) would be considered the plurality...