Blog: News & Insights

The linked article at loganbanner.com, documents a looming battle among veteran advocate groups over proposed changes to how the government adjusts government benefits for inflation. The proposed change would link adjustments to inflation to a variation of the Consumer Price Index (CPI), called “chained CPI.”  If the proposed changes are implemented for calculating veterans...

Wanted to take a moment to say happy 80th birthday to a literary giant and Newark, New Jersey’s own, Phillip Roth!  Many of our clients and their family members (and firm attorneys and/or staff!) have some connection to the literary world that Roth has created, especially the Weequahic section of Newark.  Happy Birthday!!

The linked NorthJersey.com article documents that a new Veterans Affairs Office will open up this spring in Paramus, New Jersey.  The office will assist borough veterans in accessing programs and services through the Department of Veterans Affairs.  A dedication ceremony is schedule for Memorial Day, Monday, May 27, 2013. If you have questions or concerns about your eligibility for veterans...

The Public Broadcasting Service (PBS) conducted a recent interview with Department of Veterans Affairs (VA) Secretary Eric Shinseki concerning the VA backlog of disability and pension claims.  The interview, which can be accessed at PBS Interview With Secretary Shinseki, is worthwhile to watch if you are one of the million veterans who currently have a claim pending before the VA. As I have...

This week, all eyes are on the Supreme Court as they tackle the issue of gay marriage.  While the outcome of the two cases before the court is anybody’s guess, the issues facing gay couples dealing with long-term care costs are real.  New Jersey has “civil unions” which profess to provide all state-based civil rights for gay couples.  Medicaid is a federal-state partnership,...

On March 12, 2013, the Court of Appeals for Veterans Claims (CAVC) issued an en banc order denying the Department of Veterans Affairs’ (VA) motion to dismiss after the veteran filed an “intent to appeal” at the incorrect address.  The precedential order can be found at Rickett v. Shinseki. The majority held that equitable tolling of the 120-day period to file a Notice of...

On March 21, 2013 the  Federal Circuit issued a precedential order in National Org. of Veterans Advoc. (NOVA) v. Shinseki, ordering the Department of Veterans Affairs (VA) to “show cause why it should not be sanctioned” after rule changes to 38 C.F.R. § 3.103 were repealed. As a background, 38 C.F.R. § 3.103 sets forth certain procedural rights the VA must follow during the course...

On March 15, 2013, the Court of Appeals for Veterans Claims (CAVC) published an opinion concerning the effects of a presidential pardon after the veteran was discharged from the Army under conditions the Department of Veterans Affairs (VA) considered “dishonorable” pursuant to 38 U.S.C.  § 101(2).  A discharge or release that the VA considers “dishonorable” makes the veteran ineligible for VA...

On March 11, 2013 the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion on an appeal of the Court of Appeals for Veterans Claims (CAVC) denial of a writ of mandamus.  The opinion can be accessed at Beasley v. Shinseki. The substantive issue underlying the petition for writ of mandamus was the veteran’s request that the Department of Veterans Affairs...

Many loved ones who has moved to a nursing home or other group residence exhibit new behaviors that could create a crisis situation for the facility if left unchecked.  While nursing homes are expected to deal with a wide variety of behavioral issues associated with the aging process, a particular facility could decide that a resident’s behavioral issues merit hospitalization or an...