Remarriage terminates widow’s eligibility for disabled veterans property tax exemption
There are some circumstances in which a person’s eligibility for governmental benefits is affected by his or her marital status. This is certainly the case with Medicaid/MLTSS; Supplemental Security Income; and exemption from inheritance tax on receipt of an inheritance. The NJ Appellate Division had the opportunity recently to decide whether a veteran’s widow would retain her...
Blue Water Vets, Gray v. McDonald, Round 2, To Be Continued Again . . .
Previously, I had blogged about an April 23, 2015 decision from the Court of Appeals for Veterans Claim (CAVC) in Gray v. McDonald. In Gray, the CAVC had remanded because the Department of Veterans Affairs’ (VA) interpretation of “inland waterways” for the purposes of the presumption of exposure to Agent Orange (TCDD) was found arbitrary. Link to that blog post (to include...
Link to Senate Committee on Veterans’ Affairs – Toxic Chemical Exposure
The Senate’s Committee on Veterans’ Affairs commonly holds hearings on a variety of issues effecting veterans. Most recently, the Committee held a hearing entitled, “Examining the Impact of Exposure to Toxic Chemicals on Veterans and the VA’s Response.” The testimony submitted at the hearing provides a good overview of issues pertaining to Agent Orange...
Military Times Article on Camp Lejeune and “Blue Water” Veterans
I normally don’t comment on proposed federal legislation regarding Title 38 (Department of Veterans Affairs) unless I feel reasonably certain that the legislation is likely to be passed in some form. A recent Military Times article, however, identified two issues that have been ongoing within the Department of Veterans Affairs: (1) Title 38 benefits for veterans exposed to VOCs at Camp...
Rating Decision Granting 100% Disabled . . . Ancillary Benefits and Long-Term Estate/Elder Law Planning
As we had previously blogged, a number of veterans we represent involve the question of whether the veteran had sufficient service at or near Vietnam to qualify for presumption of service connection under 38 C.F.R. § 3.307(a).
In one such claim, located travel orders out of Vietnam provided sufficient information for the Department of Veterans Affairs (VA) to grant service connection for...
CAVC – Blue vs. Brown Water Veterans and Inland Waterways . . . To Be Continued
On April 23, 2015, the Court of Appeals for Veterans Claim (CAVC) remanded, in pertinent part, the Board of Veterans’ Appeals decision denying service connection for conditions related to TCDD (Agent Orange) exposure for Mr. Gray a Vietnam-era veteran. I don’t want to give away the end of the movie, but the question of whether Mr. Gray is a veteran with service in Vietnam under...
Korean Vietnam Study on Long-Term Effects of Agent Orange Exposure
On or about August 4, 2014, a long-term study was released on the association between Agent Orange exposure and diseases of the endocrine, nervous, circulatory, respiratory, and digestive systems. This study was related to exposure for Republic of Korea (ROK) military personnel who served in Korea during the Vietnam War. In essence, the study assessed the prevalence of certain diseases for...
C-123 Veterans and Agent Orange Exposure Article
As the following Oregonian article documents, claims related to Agent Orange exposure for veterans who served aboard C-123 aircraft during the Vietnam War-era continue to be a contentious issue for the Department of Veterans Affairs. The Institute of Medicine (IOM) recently held hearings to discuss the medical and scientific literature debating exposure issues while service aboard C-123s. It...
NY Times Article on Legacy of Agent Orange
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...
Google Scholar – Invaluable Tool for Veterans
While medical and scientific research cannot replace a nexus opinion from a licensed physician, it is an important tool for veterans to both understand the nature of their disability and advance their disability compensation claim before the Department of Veterans Affairs (VA). VA disability claims commonly address difficult issues regarding etiology for a disability or differential...