notice of disagreement Tag

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...

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...

As the following Huffington Post Article documents, problems within the Veterans Health Administration (VHA) continue to dominate the news, attract Congressional scrutiny, and, unfortunately, hurt the legitimacy of the agency in the eyes of the veterans it serves. While press coverage and Congressional scrutiny is an important step, constructive problem-solving requires solutions and not...

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...

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...

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...

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...

On April 24, 2014, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion in Gilbert v. Shinseki.  The case discusses the statutory “presumption of sound condition” under 38 U.S.C.  § 1111 within the context of the general requirements for direct service connection. On appeal, Mr. Gilbert asserted that the application of Section 1111...

I receive contacts from veterans around the country frustrated after receiving a VA Rating Decision and simply seeking some guidance on a daily basis.  Commonly, the veteran does not need formal representation, but does need to understand what actions need he/she needs to take to have successful resolution of their claim subject to a Notice of Disagreement. I took a few moments to analyze what...

If a veteran or claimant receives a Rating Decision from a VA Regional Office and disagree with that decision they need to file a Notice of Disagreement .  A NOD is a “written communication from a claimant or his representative expressing dissatisfaction or disagreement with an adjudicative determination of an agency of original jurisdiction.”  38 C.F.R. § 19.113.  The NOD must be filed within...