VA Benefits News

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...

“The work of a judge is in one sense enduring and in another ephemeral. . . .   In the endless process of testing and retesting, there is a constant rejection of the dross and a constant retention of whatever is pure and sound and fine.” B. Cardozo, The Nature of the Judicial Process, 178-79 (1921). At least two judges handling issues under Title 38 have considered Justice Cardozo’s...

I’ll provide more specific information at a later point, however, President Obama signed into law the Senate bill revising and amending inter alia aspects of veteran access to health coverage through the Veterans Health Care Administration (VHA).  More information can be found at Fox News Article and the major changes are as followings: —Devotes $5 billion to hire more doctors, nurses...

On or about August 4, 2014, a long-term study was released on the association between Agent Orange exposure and diseases of the endocrine, nervous, circulatory, respiratory, and digestive systems.  This study was related to exposure for Republic of Korea (ROK) military personnel who served in Korea during the Vietnam War.  In essence, the study assessed the prevalence of certain diseases for...

On June 27, 2014, the Court of Appeals for Veterans Claims (CAVC) published a decision in Hudgens v. Gibson.  The critical operative regulation the CAVC was interpreting was 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5055 (knee replacement (prosthesis)) and whether DC  5055 applies to partial knee replacement (PKR).  This is a question commonly posed by veterans on popular veteran social media...

As the following Oregonian article documents, claims related to Agent Orange exposure for veterans who served aboard C-123 aircraft during the Vietnam War-era continue to be a contentious issue for the Department of Veterans Affairs.  The Institute of Medicine (IOM) recently held hearings to discuss the medical and scientific literature debating exposure issues while service aboard C-123s.  It...

As the following Washington Post Article documents, President Obama is expected to nominate former CEO of Procter & Gamble, Robert (Bob) A. McDonald, as the new Secretary of the Department of Veterans Affairs (VA).  This comes on the heels of the recent resignations of former VA Secretary Eric Shinseki; Dr. Robert Jesse, the acting VA Undersecretary for Health; and Will A. Gunn, VA general...

On June 23, 2014, the Court of Appeals for Veterans Claims (CAVC) issued an unpublished order denying Mr. Hamblin’s petition for extraordinary relief.  The unpublished order can be accessed at Hamblin v. Gibson. As we previously blogged about at VA Appellate Process, Systemic Delays, and the All Writs Act, decisions from the CAVC denying mandamus petitions under the All Writs Act for...

On June 17, 2014, the Department of Veterans Affairs released VAOPGCPREC 4-2014, an opinion clarifying the application of 38 U.S.C. § 103(c).  Section 103(c) deals with the definition of “spouse” for VA purposes.  In short, if a marriage is “valid under the law of place where they resided at the time of inception of their marriage, it is valid for VA purposes.”  Under...

As the following Huffington Post Article documents, problems within the Veterans Health Administration (VHA) continue to dominate the news, attract Congressional scrutiny, and, unfortunately, hurt the legitimacy of the agency in the eyes of the veterans it serves. While press coverage and Congressional scrutiny is an important step, constructive problem-solving requires solutions and not...