Military Times Article on Camp Lejeune and “Blue Water” Veterans
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...
Study Released on Camp Lejeune Water Contamination and Male Breast Cancer
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...
Rating Decision Granting 100% Disabled . . . Ancillary Benefits and Long-Term Estate/Elder Law Planning
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...
Disability of an aging parent with dependent adult disabled child poses special risks
I discussed in a previous post that increasing numbers of individuals with intellectual disabilities are living into their 60’s. What is now being seen is that the aging process for that child — including diseases of old age such as dementia — may start occurring when they are in their 50’s. The parent(s) may be in their 70’s or 80’s, with health care...
Access Point for Proposed Regulatory Changes to VA Title 38. . . and Miniature Horses
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...
Adopting a child? Don’t forget to update your Will and estate plan!
The adoption of a child is an event filled with expectation, planning, longing, and finally, the excitement of completing the court proceeding that legalizes the adoption. So many things start to happen that it’s easy to lose sight of the need to protect the child in case of a tragedy. The way to do that is by preparing a Last Will and Testament that includes provisions for a Guardian as...
Special Needs Trust Fairness Act up for House Committee Hearing
Special Needs and other Medicaid issues will be on the discussion table this Friday September 18th at 9:00 am when the House Energy and Commerce Subcommittee on Health holds a hearing entitled Improving the Medicaid Program for Beneficiaries. The subcommittee will review and hear testimony on four pieces of legislation, including H.R. 670, the Special Needs Trust Fairness Act. The Special...
Board of Veterans’ Appeal’s Annual Report
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...
US District Court orders Ohio to begin paying retroactive Medicaid payments for Assisted Living
Just out — summary judgment was granted to the plaintiffs in an Ohio Medicaid case in Federal District Court for the Southern District of Ohio called Kathryn A. Price et al. vs Medicaid Director et al.. The plaintiffs were represented by counsel through the nonprofit organization Justice in Aging Inc. Here’s the decision.
At issue was the rewuirements of 42 USC 1396a(a)(34)....
Third Circuit rejects State’s claim that short-term annuities can’t meet Medicaid requirements
The Third Circuit federal Court of Appeals has just issued a precedential decision concerning Medicaid planning strategies that involve the purchase of short-term, immediate, irrevocable, unassignable annuities. Zahner decision The case is called
ANABEL ZAHNER, by her agent Raymond E. Zahner; ESTATE OF DONNA C. CLAYPOOLE, by Mitchell R. Claypool, Executor; CONNIE L. SANNER, by her agent Jamie...