Veterans Disability Tag

A few months ago, I blogged about the use of a “request for reconsideration” before the Department of Veterans Affairs (VA) Regional Office/Agency of Original Jurisdiction.  Based upon my review of a recent VA Claim file it is worth repeating again . . .  the notion of reconsideration at the Regional Office level simply does not exist in statute or regulation. A “request for...

On April 29, 2013, the Court of Appeals for Veterans Claims (CAVC) issued an opinion in Trafter v. Shinseki regarding the standard for standard for triggering the duty to assist in a claim under 38 U.S.C. § 1151 (VA Medical Malpractice/ Negligence).  The opinion can be accessed at Trafter v. Shinseki and we have include a short overview of medical malpractice claims in Department of Veterans...

On May 3, 2013, the Court of Appeals for the Federal Circuit (Fed. Cir.) issued an opinion in Parks v. Shinseki and affirmed the decision of the Court of Appeals for Veterans Claims (Veteran Court).  The opinion can be accessed at Parks v. Shinseki. The underlying nature of the claim involves Mr. Parks’ diagnosis of diabetes type II, heart condition, and peripheral neuropathy and whether...

The Veterans Law Review recently published an article on the origins of the modern veterans benefits system, now codified in Title 38.  It is an informative article for those with a vested interest in understanding how a claim before the Department of Veteran Affairs is adjudicated, the often-cited “backlog”, or anyone dealing with statutory/regulatory interpretation. The article,...

On April 19, 2013, the Department of Veterans Affairs (VA) published VBA Letter 20-13-05, entitled “Guidance Regarding Special Initiative to Process Rating Claims Pending Over Two Years.”  The guidance memorandum can be found at the following link:  VBA Letter 20-13-05. In essence, the VA has instructed its Regional Offices to process all initial claims pending more than two years...

On April 19, 2013, the Department of Veterans Affairs (VA) announced a plan to expedite processing of disability claims older than one year.  I’ll provide more information once the VA discloses the implimentation procedures; however, for those affected claims the VA will provide provisional Rating Decisions based upon the existing VA Claim record and permit one year for the claimant to...

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...

In November 2012, we published a short article entitled Agent Orange Presumptive Conditions – A Nation’s Belated Acknowledgement to Vietnam-Era Veterans.  As the above article documents, while respiratory cancers are considered presumptively service connected to herbicide exposure, restrictive lung diseases (such as Chronic Obstructive Pulmonary Disease (COPD)) are not.  But cf. Combee...

The linked article at loganbanner.com, documents a looming battle among veteran advocate groups over proposed changes to how the government adjusts government benefits for inflation. The proposed change would link adjustments to inflation to a variation of the Consumer Price Index (CPI), called “chained CPI.”  If the proposed changes are implemented for calculating veterans...

The Public Broadcasting Service (PBS) conducted a recent interview with Department of Veterans Affairs (VA) Secretary Eric Shinseki concerning the VA backlog of disability and pension claims.  The interview, which can be accessed at PBS Interview With Secretary Shinseki, is worthwhile to watch if you are one of the million veterans who currently have a claim pending before the VA. As I have...