CAVC Opinion in El-Amin v. Shinseki on DIC Claim
On January 15, 2013, the Court of Appeals for Veterans Claims (CAVC) issued a panel opinion in El-Amin v. Shinseki. This case arises out of a death and indemnity compensation (DIC) claim by the veteran’s spouse, Mrs. El-Amin, based upon Mr. El-Amin’s death due to cirrhosis of the liver. At the time of the veteran’s death, he had been granted a 70% disability rating for service-connected post...
The Flu and You
We know its been a bad flu season, but it has been especially bad for older folks. Things like the flu can start the “cascade” of events leading to needing long-term care for older people, so caregivers beware. Here are some further tips for dealing with the flu if your loved one has dementia.
Sobering GAO Report on VA Disability Claims Backlog
On December 21, 2012, United States Government Accountability Office (GOA) issued a new report on the Department of Veterans Affairs’ (VA) backlog, entitled “Timely Processing Remains a Daunting Challenge.” The GAO report can be accessed at GAO Report 13-89.
The GAO report documents the various initiatives on the part of the VA to reduce the time for initial adjudication of...
NJ Homeless Veteran Event This Weekend . . . And A Positive Article About the VA Backlog
The following Star Ledger Article detailed a homeless veteran advocacy event that is occurring this Friday and Saturday in Morristown, New Jersey. The event, called “Operation Stand Down Morristown”, will take place between 8 AM and 2 PM this Friday and Saturday, January 18th and 19th, at the Morristown Armory. Free food, clothing, and medical services will be provided to...
Veterans Receiving Insulin Injection at the Buffalo VAMC Potentially Exposed
As the linked CNN Report documents approximately 700 veterans were potentially exposed to hepatitis B, hepatitis C, and HIV due to the reuse of insulin pens during treatment at the Buffalo VA Medical Center (VAMC). It appears that the risk of exposure was slight and the VA is taking remedial measures to prevent this type of incident from occurring again, as well as notifying veterans who were...
CAVC Publishes to New Opinions/Orders on VA Benefits
On January 4, 2012, the Court of Appeals for Veterans Claims (CAVC) published two new opinions/orders. One of the cases, Checo v. Shinseki, concerned an untimely Notice of Appeal before the CVAC. Earlier this month, we published a short article on appeals before the Department of Veterans Affairs (VA). The article, which can be accessed at Article on VA Appeals, provides an overview of the...
Will Christie Expand Medicaid?
The Supreme Court decision on “Obamacare” left governors around the country with the option of taking significant federal monies (100% of cost for first three years, 90% thereafter) to expand Medicaid to anyone whose modified adjusted gross income (MAGI) is less than 133% of the poverty level. Many governors, including New Jersey’s own Gov. Christie, have not made up their...
Wounded Warrior Project – The Remarkable Ability of Veterans to Overcome
Today’s Miami Herald contains an article about the Soldier Ride, a bicycle ride from Miami to the Florida Keys for wounded veterans. The article is worth reading if only because it tells the story of two young Soldiers, SSG Dennison and SPC Todd, who both lost their legs in Afghanistan only a few months ago during the same battle. Their positive attitude and ability to overcome...
Request for Reconsideration and the VA Appellate Process
We recently published a short article on the appellate process for disability compensation claims before the Department of Veterans Affairs (VA). The article, which can be accessed at http://www.finkrosner.com/articles/va-appeal-process.html, provides a short, concise overview of how a veteran/claimant would appeal an unfavorable VA decision.
This provides me with an opportunity to also...
Federal Circuit Opinion on Informal Claims for Veteran Benefits
On January 4, 2013, the Federal Circuit issued a published opinion in Harris v. Shinseki regarding what constitutes an informal claim for benefits before the Department of Veterans Affairs (VA). The opinion can be accessed at Harris v. Shinseki.
The Federal Circuit ruled that the Court of Appeals for Veterans Claims (CAVC) failed to properly consider the legal standard set forth in Moody v....