Federal Circuit Opinion on Use of Lay Evidence
On December 5, 2012, the Federal Circuit issued an opinion in King v. Shinseki regarding whether the Court of Appeals for Veterans Claims (CAVC) properly considered Mr. King’s proffered lay evidence demonstrating that his back and hip disabilities were secondarily service-connected to his knee disabilities. The majority held that the CAVC correctly considered whether the Board of Veterans’...
Wounded Veterans Treated to Trip . . . And More About the “Backlog”
The news reports documenting the waiting time (“backlog”) for the Department of Veterans Affairs (VA) to adjudicate disability compensation and pension claims are now published on an almost daily basis. That information is obviously of paramount concern, but I’ve made a command decision to balance out that information with something veteran-related that is positive.
The...
New York Times Article on Effect of Discharge On VA Benefits
The linked New York Times Article details a class-action lawsuit filed by Yale Law School “against the armed forces arguing that he and other Vietnam veterans had post-traumatic stress disorder when they were issued other-than-honorable discharges.” The article describes one Vietnam veteran’s fight to have his discharge upgraded after being court-martialed, presumably during...
COLA Increase Approved . . . And More About the “Backlog”
The linked Navy Times Article describes the effects of President Obama signing into law the cost of living adjustment (COLA) bill for veteran benefits. If you are receiving disability compensation, pension, or survivor benefits from the Department of Veterans Affairs (VA), you will receive a 1.7% increase in the amount of benefits, effective December 1, 2012. However, veterans will not see...
CAVC Opinion in Cameron v. Shinseki
On November 28, 2012, the Court of Appeals for Veterans Claims (CAVC) issued an opinion in Cameron v. Shinseki. The CAVC held that the veteran’s attorney was not entitled to fees based upon a filed claim for increase in disability rating before the Regional Office (RO) when there was a concurrent, but separate, claim for a similar disability pending on appeal. Prior to the adjudication...
Gulf War Syndrome Explained
After the 1991 Gulf War, veterans were returning from theater with unexplained symptoms with no identifiable causation. In the subsequent years, scientific and medical literature have attributed these symptoms to exposure to toxins, chemical weapons, and/or bacteria. On a personal note, I returned to the United States in 2005 to discover that my unit at Camp Ar Ramadi was exposed to...
Boomers–Watch out for Medicare Pitfalls!
This great article in Fortune lays out the most common mistakes people make when enrolling in Medicare. Check it out!!!
And Boomers–it’s never to early to call us to discuss questions about Medicare, Social Security, Long-Term Care Insurance and Estate Planning (you probably have wills that list Guardians for your kids who are now grown, right?)!!
CAVC Opinion in Monzingo v. Shinseki
On November 21, 2012, the Court of Appeals for Veterans Claims (CAVC) issued an opinion in Monzingo v. Shinseki. The CAVC rejected the Veteran’s arguments that: (1) the Board of Veterans’ Appeals (Board) provided inadequate reasons for denying service connection for the Veteran’s hearing loss; (2) relied on an inadequate medical examination; and (3) erred in finding the...
Tis the Season…to See How Mom and Dad are Doing
Check out this useful screed in the Saramento Bee about how to best use holiday visiting to assess how elderly parents and relatives are doing at home, and what conversations need to be broached if it looks like those loved ones are less than completely independent.
Tinnitus (Ringing In the Ear) Is Most Popular VA Disability
The linked Jacksonville Daily News Article reports that tinnitus was the most popular claim for disability before the Department of Veterans Affairs (VA) in 2011. On a personal note, as an Army veteran who suffers from tinnitus, I can appreciate how debilitating this condition can be.
Tinnitus, otherwise known as ringing in the ear, is most commonly caused by normal hearing loss associated...