VA Benefits News

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...

As of 10pm, October 16, 2013, it is reported that both the House and Senate passed a bill that will reopen the federal government and temporarily raise the debt ceiling.  President Obama stated he will immediately sign the bill.  I suspect the Department of Veterans Affairs will provide notification of return to normal operations on Thursday, October 17, 2013.  Obviously, this will also mean...

The Department of Veterans Affairs (VA) adjudication process “‘is not meant to be a trap for the unwary . . . a stratagem to deny compensation a minefield” for claimants.  Percy v. Shinseki,  23 Vet. App. 37, 47 (2009) (quoting Comer v. Peake, 552 F.3d 1362, 1369 (Fed. Cir. 2009).  For Veteran Larry Tyrues, the majority in Tyrues v. Shinseki did not believe this tenet had...

I have linked to the Updated Veterans Field Guide to Government Shutdown.  In terms of disability compensation and pension payments, the Field Guide states, “Claims processing and payments in the compensation, pension, education, and vocational rehabilitation programs are anticipated to continue through late October. However, in the event of a prolonged shutdown, claims processing and...

Over the last week, I’ve received numerous correspondence from veterans concerned that their disability compensation benefits will be stopped due to the government shutdown.  Sometimes this information is coming from internet-based news articles and other times through fellow veterans. To date, the Department of Veterans Affairs (VA) has not published any specific information about...

There are approximately 450,000 veterans in New Jersey and it appears a decent portion of those veterans have contacted the NJ Motor Vehicle Commission (MVC) since Governor Chris Christie signed a new law requiring the MVC to add veteran status to drivers’ licenses if requested by the veteran.  See linked October 1st NJ.com article for more information. The new law will not go into...

Frail elderly (over 65) and disabled individuals in New Jersey who reside in the community and require substantial assistance with their Activities of Daily Living (ADL’s) have opportunities to obtain home health care and an array of other benefits through the Medicaid Program. Gross monthly income presently cannot exceed $2,130, and there are resource limits as well for eligibility...

For those veterans who have already contacted me, and those about to, I have provided a link to the VA’s Veterans Field Guide to Government Shutdown at http://www.va.gov/opa/docs/Field_Guide_20130927.pdf. Foremost, it is important to note that most services provided through the Department of Veterans Affairs (VA) will remain unaffected by the federal government shutdown.  This includes...

On September 30, 2013, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion on two consolidated appeals, AZ and AY v. Shinseki.  A link to the opinion can be found at AZ and AY v. Shinseki. Both cases stemmed from disability claims for post-traumatic stress disorder (PTSD) that related to sexual assaults that occurred while in the military .  The...

As the following NJ.com article documents, Governor Christie signed a new law into effect last week ordering the NJ Department of Motor Vehicles (DMV) to include veteran status on driver’s licenses and license plates upon request.  I’ll provide additional information once the DMV enacts the procedures necessary to implement the law.