Blog: News & Insights

On April 8, 2013, we published a blog on Restrictive Lung Disease and Agent Orange. An associated issue we encounter is a veteran who has filed a claim for restrictive lung diseases as secondary to their Post Traumatic Stress Disorder (PTSD).  Establishing service connection for issues such as Chronic Obstructive Pulmonary Disease (COPD) as secondary to PTSD can be difficult and I highly...

In November 2012, we published a short article entitled Agent Orange Presumptive Conditions – A Nation’s Belated Acknowledgement to Vietnam-Era Veterans.  As the above article documents, while respiratory cancers are considered presumptively service connected to herbicide exposure, restrictive lung diseases (such as Chronic Obstructive Pulmonary Disease (COPD)) are not.  But cf. Combee...

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...