Brain injury caused by Blast trauma is often invisible
There is a fascinating article in the February 2015 issue of National Geographic Magazine on the subject of research into soldiers’ exposure to blasts (explosions) and the traumatic brain injury that results from that exposure — “The Invisible War on the Brain” by Caroline Alexander. This has been referred to as the “signature injury” of the wars in Iraq and...
PTSD, Veterans Benefits, and Wikipedia Explanation of DSM-5 Criteria
Recently, the VA announced an interim rule (effective August 4, 2014), and proposed final rule, which incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) criteria into Title 38. More information about the changes can be found at...
AZ v. Shinseki – Fed. Cir. Opinion on Military Sexual Trauma
On September 30, 2013, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion on two consolidated appeals, AZ and AY v. Shinseki. A link to the opinion can be found at AZ and AY v. Shinseki.
Both cases stemmed from disability claims for post-traumatic stress disorder (PTSD) that related to sexual assaults that occurred while in the military . The...
Federal Circuit Opinion on PTSD Stressor Verification for Military Sexual Trauma
On June 7, 2013, the Court of Appeals for the Federal Circuit (Fed. Cir.) issued an opinion in Hall v. Shinseki. The issued stemmed from Mr. Hall’s Post Traumatic Stress Disorder (PTSD) claim based upon an allegation of an in-service sexual assault .
On appeal, Mr. Hall argued that 38 C.F.R. § 3.304(f)(3) (fear of hostile military or terrorist activity) should apply to claims for PTSD...
Heart Disease and PTSD – Medical and Scientific Research to Help Support Your Claim
An issue I commonly encounter is a veteran who has filed a claim for heart disease that is secondary to their service-connected Post Traumatic Stress Disorder (PTSD), or a spouse of a veteran attempting to get Dependency and Indemnity Compensation (DIC) because stress from PTSD contributed to or lent aid to a heart condition that caused the veteran’s death. Establishing service...
The Association Between COPD and PTSD
On April 8, 2013, we published a blog on Restrictive Lung Disease and Agent Orange. An associated issue we encounter is a veteran who has filed a claim for restrictive lung diseases as secondary to their Post Traumatic Stress Disorder (PTSD). Establishing service connection for issues such as Chronic Obstructive Pulmonary Disease (COPD) as secondary to PTSD can be difficult and I highly...
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...
Women Veteran Issues in the News
As the below articles document, women veterans is one of fastest growing segments of the veteran population. It is estimated that women veterans will comprise ten percent of the total veteran population by 2020. One of the partners at Fink Rosner Ershow-Levenberg previously addressed one of the issues that some female veterans have encountered, sexual trauma while in the military, in a May...