VA Benefits News

I normally don’t comment on proposed federal legislation regarding Title 38 (Department of Veterans Affairs) unless I feel reasonably certain that the legislation is likely to be passed in some form.  A recent Military Times article, however, identified two issues that have been ongoing within the Department of Veterans Affairs: (1) Title 38 benefits for veterans exposed to VOCs at Camp...

As documented in our August 4, 2015 post, the Department of Veterans Affairs (VA) is continuing research and consideration of issues related to volatile organic compound (VOC) exposure  at Camp Lejeune, North Carolina.  The August 4, 2015 VA Press Release is again contained at http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2720. Within the last week, the Agency for Toxic Substance and...

As we had previously blogged, a number of veterans we represent involve the question of whether the veteran had sufficient service at or near Vietnam to qualify for presumption of service connection under 38 C.F.R. § 3.307(a). In one such claim, located travel orders out of Vietnam provided sufficient information for the Department of Veterans Affairs (VA) to grant service connection for...

A question was posed a last week regarding how the Department of Veterans Affairs (VA) would rate Female Sexual Arousal Disorder (FSAD).  While the condition is usually rated by analogy, I was able to recall that the VA had proposed a new diagnostic code for FSAD to Title 38’s Schedule for Rating Disabilities early this year.  While I don’t believe this particular proposed change...

Last week, the Board of Veterans’ Appeals released its 2014 Annual Report.  The report can be accessed at the following link BVA 2014 Annual Report. Statistically, the Board has seen a steady increase in the number of appeals filed since fiscal year 2011.  The Board also anticipates an increase in the number of appeals in fiscal year 2015.  The Board documents a significant increase in...

I previous blogs, we have written about the regulations governing what is now called Gulf War Illness (GWI).  As prescribed in regulation, the terms of art “undiagnosed illness” and “medically unexplained chronic multi-symptom illness (MUCMI)” are little understood and difficult for veterans and physicians to understand.  In handling claims involving exposure to...

A few days ago, the VA’s own blog, VAndage Point, published a retrospective article concerning the infamous 1973 fire at the National Personnel Records Center (NPRC), St. Louis.  The article can be access at http://www.blogs.va.gov/VAntage/22133/the-nprc-records-fire-of-1973/. As the article explains, the fire “destroy 80 percent of Army personnel records for soldiers discharged...

As we have previously blogged about, there are special rules for effective dates of award that may apply to veterans with service in Vietnam (colloquially referred to as “boots on ground”) for presumptive conditions related to Agent Orange listed under 38 C.F.R. § 3.309(e).  The rules are encompassed within 38 C.F.R. § 3.816 (regulation concerning effective dates of award under the...

Over the years, I have commented how the informal process of “reconsideration” of an initial VA Rating Decision simply does not exist in regulation or statute.  I previously commented, “This practice has permeated through some of the Regional Offices  . . . but with no predicate in law and, therefore, little protection for the veteran.” While the notion of...

On August 3, 2015, the Department of Veterans Affairs (VA) released a press release entitled, “VA Expands Review of Chemical Exposure in Drinking Water at Marine Corps Base Camp Lejeune.”  The link to the press release can be located at http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2720. In short, the VA is considering adding three conditions as presumptive for service at Camp...