Blog: News & Insights

On September 22, 2014, the Board of Veterans’ Appeals (BVA) granted service connection for an acquired mental health disorder and tinnitus for a Navy veteran.  These disabilities related to documented TBI incidents that occurred while on active-duty service during the 1980s.  The Board remanded to the VA Regional Office to assess the level of disability for the now-service connected...

Although we were only involved in the claim for the last year, after multiple now-final denials (dating back to the 1960s) and a request to reopen that has been pending over ten years at various levels of the adjudication process, the Board of Veterans’ Appeals (BVA) granted service connection for an Army Security Agency (ASA) veteran with a severe lumbar-spine disability that he...

In 2000, the Social Security Administration began mailing annual benefit statements to all workers age 25 and up. The benefit statements show the posted earnings history and the retirement and disability benefits available to the worker and his or her dependents. Individuals unable to continue working due to disability and individuals thinking of retiring could easily see their potential...

A person with disabilities who is incapable of engaging in substantial gainful activity for self-support in the competititve workplace may be receiving Supplemental Security Income (SSI) and the Medicaid benefits for health care that accompany the SSI.   http://www.state.nj.us/humanservices/dmahs/clients/medicaid/abd/index.html   The person may reside in the community, in an assisted living...

People who are responsible for the care of frail elderly relatives may be interested in a bill that has just passed the NJ Assembly and is headed to the state Senate for consideration. The bill is A2955. http://www.njleg.state.nj.us/2014/Bills/A3000/2955_R1.HTMA2955 The bill is designed to improve discharge planning for patients returning to their homes, and to decrease the frequency of...

This week, we had the good fortune of discussing ancillary benefits for a Marine Corps veteran who was granted service connection and 100% P&T for disabilities related to Volatile Organic Compounds (VOCs) exposure while stationed at Camp Lejeune, North Carolina.  My gratitude to the veteran’s physician for being so accommodating and generous with his time to review an abundance of...

Today it was reported that a nonpartisan 21-member committee appointed by the federal Institute of Medicine, which is the independent research arm of the National Academy of Sciences, has issued the results of its investigation into the way the United States’ health care system including Medicare deal with the delivery of treatment at end of life. Their 507-page report is called “Dying...

A few days ago I met with a new client whose elderly relative had given out $12,000 gifts per person to a set of favorite relatives about 4 years ago because someone at the bank told her that if the gifts were limited to this amount $12,000 it would not be counted against her if she had to go to a nursing home. You would not believe how often this incorrect legal advice is given out, often by...

In the realm of elder care, a child who resides in their parent’s home and provides the care, assistance and supervision needed to enable the parent to remain in the community is typically referred to as the “caregiver child.” Sometimes — oftentimes — the child is giving up other jobs or income in order to provide this caregiving. Frequently the parent wishes to...

My last post discussed some of the differences between Medicaid and the Veterans Improved Pension programs with respect to the treatment of assets, trusts and transfers. The treatment of income is also different among these programs. Here is a chart that will give you these comparisons at a glance. 2014 VA Pension and Medicaid income resource chart Income eligibility for Veterans Improved...