Blog: News & Insights

My father Walter Ershow was a 2nd Lieutenant Bombardier on a Flying Fortress B-17 in World War II, on Crew FH-009-AV 24, in the 20th Bomb Squadron, 2nd Bomb Group of the 15th Army Air Force. They flew 23 missions and miraculously, all survived. Forty years after the War — through great effort in those pre-internet days — the members of the crew found each other and  had a great...

I’ve had the opportunity recently to discuss ancillary benefits for a veteran now rated at 100% permanently and totally disabled before the Department of Veterans Affairs.   Without exception, each veteran would prefer good health over money; however, veterans are appreciative of financial benefits available to both the disabled veteran and their family.  These benefits include inter...

Are you a nature lover who is the owner of acres of undeveloped land, looking for ways to preserve it and provide a community benefit? It could be property that you also live on, or land that you use just for recreation. Perhaps the idea of selling to a developer makes you unhappy. Even if you are planning to preserve the land for lifetime benefit of your heirs, there are ways you can preserve...

With costs of nursing home care skyrocketing, aging middle class couples who saved for their golden years find that their savings start to vanish when one spouse needs 24/7 care. The community spouse may have many years of good health ahead of her, but could face poverty and dependency if she does not plan things out for Medicaid to take over the cost of her beloved’s care. Careful...

The linked May 11 New York Times article and associated video documentary, entitled “Agent Orange’s Long Legacy, for Vietnam and Veterans”, provides a overview of the most problematic chemical exposure issue for U.S. service members of the 20th Century. There are a number of heart-breaking documentaries also available on the effects of Agent Orange (many available for free on...

There is no question that, procedurally, the appellate process before the Department of Veterans Affairs (VA) is a robust one under Title 38.  However, with the timelines at many VA Regional Offices approaching two years from the time of filing a Notice of Disagreement and when the NOD is adjudicated, the question becomes at what point does delay equate to denial of due process?  Further, what...

If you are no longer able to work because you have developed a severe medical condition, there are important rules within the Social Security Disability program that you need to bear in mind. While you are working and Social Security taxes are being paid (FICA), you are acquiring work credits within the Social Security system. These are banked, and once you have acquired 40 calendar quarters...

When talking with your attorney about your new Will, be sure to find out if any of the assets is an IRA – an Individual Retirement Account —  and be sure to check out your current beneficiary designations. Tax-deferred IRA accounts typically have beneficiaries designated by the account owner so that upon death of the IRA owner, the account will be transferred to one or more people...

Last year we blogged about a decision from the United States Court of Appeals for Veterans Claims (CAVC) denying presumption of service connection for amyotrophic lateral sclerosis (ALS) when the veteran served a lengthy period of active duty for training in the National Guard.  That blog can be found at Bowers v. Shinseki (CAVC). On April 17, 2014, the United States Court of Appeals for the...

On April 24, 2014, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion in Gilbert v. Shinseki.  The case discusses the statutory “presumption of sound condition” under 38 U.S.C.  § 1111 within the context of the general requirements for direct service connection. On appeal, Mr. Gilbert asserted that the application of Section 1111...