Publication of Proposed Amendments to 38 C.F.R. § 3.310 (TBI)
As promised on Friday, I have linked the Department of Veterans Affairs (VA) proposed amendment to 38 C.F.R. § 3.310 regarding illnesses secondary service-connected to Traumatic Brain Injury (TBI) at Federal Register – Proposed Change to 38 C.F.R. 3.310. The proposed amendment will now go into a sixty-day public comment period.
Further explanation is provided in the VA’s Notice of...
VA Proposes Change To Regulations Regarding TBI
The Department of Veterans Affairs (VA) announced today that they are publishing a proposed change to 38 C.F.R. § 3.310 regarding illnesses secondary service-connected to Traumatic Brain Injury (TBI). The current 38 C.F.R. § 3.310 states “disabilit which proximately due to or the result of a service-connected disease or injury shall be service connected.” This is commonly called...
Congressional Hearings On VA Transition to Electronic Files
The House of Representatives’ Subcommittee on Disability Assistance and Memorial Affairs held a hearing on December 4, 2012, regarding the Department of Veterans Affairs (VA) transition to a paperless VA claim system. The hearing, entitled “Wading through Warehouses of Paper: The Challenges of Transitioning Veterans Records to Paperless Technology”, included witnesses from...
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...
Fifty Percent of Veterans Report They Have Little Understanding of VA Benefits
The linked Article on VA Outreach documents that at least 50% of veterans still do not understand the possible benefits they are eligible for through the Department of Veterans Affairs (VA). Thankfully, as current servicemembers are outprocessing from the military they are now required to go through training regarding VA benefits. However, as most veterans experienced during their time in...
Free Consultation and Review of a Veteran’s VA Claims File
On a frequent basis, I receive calls from veterans who are unsure of how advocate their case or uncertain of the status of their VA disability compensation or pension claim. Fink Rosner Ershow-Levenberg has made a long-term commitment to assisting veterans and we offer a free review and consultation of any veteran’s VA claim.
Even prior to formal representation before the Department of...
CAVC Opinion on Effects of Medication
On October 26, 2012, the Court of Appeals for Veterans Claims (CVAC) issued an opinion in Jones v. Shinseki. The CAVC remanded, in part, because the Board of Veterans’ Appeal improperly considered the effect of medication on a veteran’s disability rating for irratable bowel syndrome.
While the opinion specifically address the rating criteria under 38 C.F.R. § 4.114, DC 7319...
Mission and Purpose – Fink Rosner, Ershow-Levenberg’s Veterans Benefits Blog
In May 1776, General Nathanael Greene wrote to John Adams concerning support for veterans: “If Congress was to fix a certain Support upon every Officer and Soldier that got maim’d in the Service or upon the families of those that were hild it would have happy an influence towards engageing people in the Service and inspire those engaged with as much courage as any measure that can...