Veteran Compensation 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...

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...

I’ve had the opportunity recently to discuss ancillary benefits for a veteran now rated at 100% permanently and totally disabled before the Department of Veterans Affairs.   Without exception, each veteran would prefer good health over money; however, veterans are appreciative of financial benefits available to both the disabled veteran and their family.  These benefits include inter...

There is no question that, procedurally, the appellate process before the Department of Veterans Affairs (VA) is a robust one under Title 38.  However, with the timelines at many VA Regional Offices approaching two years from the time of filing a Notice of Disagreement and when the NOD is adjudicated, the question becomes at what point does delay equate to denial of due process?  Further, what...

Last year we blogged about a decision from the United States Court of Appeals for Veterans Claims (CAVC) denying presumption of service connection for amyotrophic lateral sclerosis (ALS) when the veteran served a lengthy period of active duty for training in the National Guard.  That blog can be found at Bowers v. Shinseki (CAVC). On April 17, 2014, the United States Court of Appeals for the...

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...

Many Vietnam veterans are unaware that they may be entitled to an earlier effective date of award for presumptive conditions related to Agent Orange exposure pursuant to Nehmer v. U.S. Department of Veterans Affairs, 712 F. Supp. 1404, 1409 (N.D. Cal. 1989).  If a veteran filed a claim between September 25, 1985 and the date the VA published a presumption of service connection for one of...

On March 15, 2013, the Court of Appeals for Veterans Claims (CAVC) published an opinion concerning the effects of a presidential pardon after the veteran was discharged from the Army under conditions the Department of Veterans Affairs (VA) considered “dishonorable” pursuant to 38 U.S.C.  § 101(2).  A discharge or release that the VA considers “dishonorable” makes the veteran ineligible for VA...

Today’s veteran-related news includes a Hartford Courant article about the backlog of Department of Veterans Affairs (VA) disability compensation claims at the Hartford Regional Office, and an article about a Guardians of Rescue program that tries pair shelter dogs up with veterans suffering from post traumatic stress disorder (PTSD). The VA claims backlog and PTSD are issues that the veterans...

On November 9, 2012, the Federal Circuit issued an opinion in Youngman v. Shinseki regarding a fiduciary’s eligibility to receive unpaid benefits due upon a veteran’s death.  The Federal Circuit held that “a veteran’s fiduciary does not have standing or authority to receive accrued benefits that were unpaid at the veteran’s death. . . .”  Under 38 U.S.C. §...