The PACT Act is a recent law that aims to provide more extensive health care and benefits to Veterans who have been exposed to toxic substances, burn pits, and Agent Orange. Its purpose is also to ensure that Veterans and their survivors receive the specific care and benefits they have earned and deserve. However, to…
The Board of Veterans’ Appeals denied the veteran’s claims for entitlement to an increased rating for a right foot condition and a total disability rating based upon individual unemployability. The Veteran hired our office to appeal that denial to the U.S. Court of Appeals for Veterans Claims. Our office was able to favorably resolve this…
In the wake of the scandalous revelations of extraordinary wait times and falsification of records at VA Medical Centers, Congress is in the process of considering reform legislation. The principal bill is the House of Representatives’ HR 4810, which would: Direct the VA to enter into contracts for private care to be given to veterans…
All the media and congressional attention drawn to the VA lately as a result of the medical center scandal, beginning with Phoenix and spreading, as well as the resignation of long-time Secretary Eric K. Shinseki, raise the reasonable question of what effect all of this will likely have on claims processing at the agency. Unfortunately,…
Where a veteran had gone AWOL for a period and then reported back to his unit, his DD Form 214 reflected that he had “lost time” under 10 U.S.C. 972. The Board assumed that this meant that the time could not be counted as active service to qualify him for VA benefits, and without this…
VA’s disability compensation rates for 2013 include a 1.7 cost of living increase. You can see the 2013 table here – https://benefits.va.gov/COMPENSATION/resources_comp01.asp One of the issues that is currently being discussed in the Senate Veterans’ Affairs Committee is the impact of the proposal for a “chained CPI” index to be used in calculating benefits. This…
On June 4, 2012, the Department of Veterans Affairs announced that its Advisory Committee on Disability Compensation will hold a meeting, open to the public, on June 25-26, 2012, at the St. Regis Hotel, 923 16th and K streets, NW, Washington, D.C. The Committee advises the Secretary of Veterans Affairs on the maintenance and periodic…
On May 24, 2012, the Senate confirmed two new judges for the Court of Appeals for Veterans Claims. The Court has three vacancies and the addition of two new judges to fill two of those vacancies will be a welcome development. The two new judges are Margaret Bartley and Coral Wong Pietsch. Judge Bartley was…
On June 6, 2011, Sen. Richard Blumenthal (D-Conn.) introduced a bill which specifically requires VA to have a doctor of chiropractic staff at all of its major facilities by 2014. The bill was co-sponsored by Sen. Charles Grassley (R-IA), Sen. Thomas Harkin (D-IA), Sen. Jerry Moran (R-KS), Sen. Jon Tester (D-MT), and Sen. Sheldon Whitehouse…
On May 5, 2011, a bill was introduced in the U.S. Senate to provide a cost-of-living adjustment in the benefits paid to those receiving disability compensation, compensation for dependents, clothing allowances, dependency and indemnity compensation benefits, and dependency and indemnity compensation benefits for children. U.S. Senator Patty Murray of Washington, the chairperson of the Senate…
In late May 2010, VA Secretary Eric Shinseki prepared a letter to the leaders of the House and Senate requesting that his draft legislation entitled “Veterans Benefit Programs Improvement Act of 2010” be considered and enacted. The purpose of the draft bill is to improve (1) VA’s compensation and pension programs, (2) the timeliness and…
VA has proposed extending presumptive service connection to veterans who have served in Southwest Asia Theater of Operation on or after September 19, 2001 and who develop one of the following infectious diseases: 1. Brucellosis 2. Campylobacter jejuni 3. Coxiella burnetii (Q fever) 4. Malaria 5. Mycobacterium tuberculosis 6. Nontyphoid Salmonella 7. Shigella 8. Visceral…
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