VA Reconsideration of an Initial Rating Decision, Amended VA Adjudication Manual
Over the years, I have commented how the informal process of “reconsideration” of an initial VA Rating Decision simply does not exist in regulation or statute. I previously commented, “This practice has permeated through some of the Regional Offices . . . but with no predicate in law and, therefore, little protection for the veteran.”
While the notion of...
CAVC Decision on Partial Knee Replacement under DC 5055
On June 27, 2014, the Court of Appeals for Veterans Claims (CAVC) published a decision in Hudgens v. Gibson. The critical operative regulation the CAVC was interpreting was 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5055 (knee replacement (prosthesis)) and whether DC 5055 applies to partial knee replacement (PKR). This is a question commonly posed by veterans on popular veteran social media...
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...
Same Sex Federal Benefits for Veterans – Confusion Continues and a Plea for Consistency
On June 17, 2014, the Department of Veterans Affairs released VAOPGCPREC 4-2014, an opinion clarifying the application of 38 U.S.C. § 103(c). Section 103(c) deals with the definition of “spouse” for VA purposes. In short, if a marriage is “valid under the law of place where they resided at the time of inception of their marriage, it is valid for VA purposes.” Under...
Military Reduction in Force and Corrollary Increase of Veterans Applying for Benefits
The following Omaha.com article documents recommendations from the National Commission on the Structure of the Air Force to reduce the active-duty troop force significantly. This orients with Defense Secretary Chuck Hagel’s recent proposal to reduce the size of active-duty Army personnel from 520,000 to 440,000.
Invariably, some active-duty personnel will continue to serve in the...
Bipartisan Support for Bill to Remedy Immediate Healthcare Delay
As the linked New York Times Article report documents, it appears there is bipartisan support for a bill that will provide additional funding for twenty-six new VA medical facilities. More importantly, the Bill provides for additional funding and support for veterans to see private medical care if they live in locations more than 40 miles from the nearest VA medical facility or are...
VA Secretary Eric Shinseki Resigns, from My Humble Perspective a Sad Day for a Dedicated Public Servant
Amid increasing public and Congressional scrutiny, President Obama accepted the resignation of Department of Veterans Affairs (VA) Secretary Eric Shinseki. A video of President Obama’s speech can be found at the following CNN Report.
Veterans, the press, Congress, and the public-at-large will have years to debate the legacy of Secretary Shinseki’s tenure at the VA and how to...
New Veterans Affairs Office Opening in Paramus, New Jersey
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...