Updated Notice of Disagreement (VA Form 21-0958), Traditional Versus DRO?
Recently, the Department of Veterans Affairs updated the VA Form needed to perfect a Notice of Disagreement, specifically VA Form 21-0958. I have uploaded a copy at VBA-21-0958-ARE (Notice of Disagreement). Substantively, the biggest change is a specific block for the veteran/claimant to indicate whether they are requesting review by a decision review officer (DRO) or via traditional...
Board of Veterans’ Appeal’s Annual Report
Last week, the Board of Veterans’ Appeals released its 2014 Annual Report. The report can be accessed at the following link BVA 2014 Annual Report.
Statistically, the Board has seen a steady increase in the number of appeals filed since fiscal year 2011. The Board also anticipates an increase in the number of appeals in fiscal year 2015. The Board documents a significant increase in...
Nehmer (38 C.F.R. § 3.816) Effective Date of Award Back to Bruce’s “Born in the USA”
As we have previously blogged about, there are special rules for effective dates of award that may apply to veterans with service in Vietnam (colloquially referred to as “boots on ground”) for presumptive conditions related to Agent Orange listed under 38 C.F.R. § 3.309(e). The rules are encompassed within 38 C.F.R. § 3.816 (regulation concerning effective dates of award under the...
Project on Government Oversight (POGO) Article on a Fink Rosner Veteran/Client
On October 6, 2014, David Hilzenrath, an editor for Project on Government Oversight (POGO), published a lengthy and comprehensive article on a veteran the firm began representing last year. The claim involved a Department of Veterans Affairs (VA) medical malpractice claim under 38 U.S.C. § 1151 that has been pending at different levels of the VA adjudication process since 2006. At the time...