Author: seth-old

The following Omaha.com article documents recommendations from the National Commission on the Structure of the Air Force to reduce the active-duty troop force significantly.  This orients with Defense Secretary Chuck Hagel’s recent proposal to reduce the size of active-duty Army personnel from 520,000 to 440,000. Invariably, some active-duty personnel will continue to serve in the...

As the linked New York Times Article report documents, it appears there is bipartisan support for a bill that will provide additional funding for twenty-six new VA medical facilities. More importantly, the Bill provides for additional funding and support for veterans to see private medical care if they live in locations more than 40 miles from the nearest VA medical facility or are...

Amid increasing public and Congressional scrutiny, President Obama accepted the resignation of Department of Veterans Affairs (VA) Secretary Eric Shinseki.  A video of President Obama’s speech can be found at the following CNN Report. Veterans, the press, Congress, and the public-at-large will have years to debate the legacy of Secretary Shinseki’s tenure at the VA and how to...

In the recent weeks, the Veterans Healthcare Administration (VHA) has been under considerable scrutiny for delays in treatment at many VA Medical Centers.   Indeed, Congress has already had hearings on the issue and many have called for Secretary Eric Shinseki’s resignation.  More information on Congress’s involvement can be found at Committee on Veterans’ Affairs. Countless...

I’ve had the opportunity recently to discuss ancillary benefits for a veteran now rated at 100% permanently and totally disabled before the Department of Veterans Affairs.   Without exception, each veteran would prefer good health over money; however, veterans are appreciative of financial benefits available to both the disabled veteran and their family.  These benefits include inter...

The linked May 11 New York Times article and associated video documentary, entitled “Agent Orange’s Long Legacy, for Vietnam and Veterans”, provides a overview of the most problematic chemical exposure issue for U.S. service members of the 20th Century. There are a number of heart-breaking documentaries also available on the effects of Agent Orange (many available for free on...

There is no question that, procedurally, the appellate process before the Department of Veterans Affairs (VA) is a robust one under Title 38.  However, with the timelines at many VA Regional Offices approaching two years from the time of filing a Notice of Disagreement and when the NOD is adjudicated, the question becomes at what point does delay equate to denial of due process?  Further, what...

Last year we blogged about a decision from the United States Court of Appeals for Veterans Claims (CAVC) denying presumption of service connection for amyotrophic lateral sclerosis (ALS) when the veteran served a lengthy period of active duty for training in the National Guard.  That blog can be found at Bowers v. Shinseki (CAVC). On April 17, 2014, the United States Court of Appeals for the...

On April 24, 2014, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion in Gilbert v. Shinseki.  The case discusses the statutory “presumption of sound condition” under 38 U.S.C.  § 1111 within the context of the general requirements for direct service connection. On appeal, Mr. Gilbert asserted that the application of Section 1111...

I receive contacts from veterans around the country frustrated after receiving a VA Rating Decision and simply seeking some guidance on a daily basis.  Commonly, the veteran does not need formal representation, but does need to understand what actions need he/she needs to take to have successful resolution of their claim subject to a Notice of Disagreement. I took a few moments to analyze what...