VA Benefits News

The linked Jacksonville Daily News Article reports that tinnitus was the most popular claim for disability before the Department of Veterans Affairs (VA) in 2011.  On a personal note, as an Army veteran who suffers from tinnitus, I can appreciate how debilitating this condition can be. Tinnitus, otherwise known as ringing in the ear, is most commonly caused by normal hearing loss associated...

On November 20, 2012, the Federal Circuit issued an opinion in Pitts v. Shinseki regarding whether a veteran has the right to effective assistance of counsel before the Court of Appeals for Veterans Claims (CVAC) under the U.S. Constitution.  The Federal Circuit held that “the right to the effective assistance of counsel does not apply to proceedings before the CVAC.”  In analyzing...

The linked Article on VA Outreach documents that at least 50% of veterans still do not understand the possible benefits they are eligible for through the Department of Veterans Affairs (VA).  Thankfully, as current servicemembers are outprocessing from the military they are now required to go through training regarding VA benefits.  However, as most veterans experienced during their time in...

Most veterans remain unaware that the VA can provide Veteran Pension to aging or disabled veterans even though the veteran’s disabilities are entirely unrelated to their time in service.  In addition, a veteran eligible for non-service connected veteran pension may also be entitled to Special Monthly Pension if they are permanently housebound or in need of healthcare aid from another person...

On a frequent basis, I receive calls from veterans who are unsure of how advocate their case or uncertain of the status of their VA disability compensation or pension claim.  Fink Rosner Ershow-Levenberg has made a long-term commitment to assisting veterans and we offer a free review and consultation of any veteran’s VA claim. Even prior to formal representation before the Department of...

On Nov. 14, 2012, the Court of Appeals for Veterans Claims CAVC issued an opinion in Copeland v. Shinseki.  Foremost, the CAVC rejected the claimants argument that Congress’s assignment of the effective date of enactment for 38 U.S.C. § 5121A violated equal protection under the 5th Amendment, U.S. Constitution. Second, the CAVC rejected claimants argument that the VA failed to provide an...

As every veteran who has applied for benefits before the Department of Veterans Affairs (VA) knows, there is a tremendous backlog in claims processing.  While the VA’s goal of processing all claims within 125 days is undoubtedly a positive initiative, veterans need to be aware that the VA also has inordinately high error rate in their Rating Decisions.  As the linked Washington Times...

On November 9, 2012, the Federal Circuit issued an opinion in Youngman v. Shinseki regarding a fiduciary’s eligibility to receive unpaid benefits due upon a veteran’s death.  The Federal Circuit held that “a veteran’s fiduciary does not have standing or authority to receive accrued benefits that were unpaid at the veteran’s death. . . .”  Under 38 U.S.C. §...

Please see the attached link to a Washington Times article regarding President Obama’s speech on Veterans Day at Veterans Day Speech.  President Obama’s speech emphasized the goal of processing original claims for benefits at the VA within 125 days.  While meeting this goal would be much needed achievement, it also highlights the need for veterans to be aggressive in advocating...

For New Jersey veterans who need a break from their VA claim, storm-related power outages, and gas shortages, I’m happy to share a positive article about local Applebees locations offering a free meal on Veterans Day, November 11th.  Applebees’ requirements for demonstrating proof of military service is less onerous than the Department of Veterans Affairs and can be satified by...