The Congressional Budget Office posted the changes for TRICARE as proposed by Congress in the Health Care plan of 2009-10. At the same time politicians scream the country needs Health Care, the same politicians are silently taking away health care benefits earned by retired military men and women. Men and…
B cell leukemias, Parkinson’s disease, and ischemic heart disease are now presumptive diseases / illnesses for veterans exposed to Agent Orange. On October 13, 2009, the Department of Veterans Affairs in a news release announced the VA is extending VA benefits to Vietnam veterans who were exposed to the herbicide…
Suicide is not the answer, according to this clip. Unfortunately, many wounded and disabled veterans carry the burden of depression, loneliness, fear of the unknown future, and just want to give up. I understand all too well. For the disabled veteran their world has turned upside down. They…
Memorial Day brings back a lot of memories to me of serving overseas and in a combat zone. Friday meant just two more workdays until Monday. For me, as an aircraft commander or Mission Director, even time in the tent meant I was thinking about the upcoming operations or missions…
Filing a claim for disability benefits with the VA is a straight forward process. There is no magic formula to the process. However, recent revelations about some employees at some VA Regional Offices destroying or hiding claims raises issues regarding how veterans can protect themselves from such unconscionable behavior. There…
Recent U.S. Court of Appeals for Veterans Claims (CAVC) cases have clarified how medical opinion evidence must be considered. These decisions did not have any impact on current Department of Veterans Affairs regulatory language, but they have made it clear how the CAVC will handle decisions made based on medical…
Haas v. Nicholson was the case brought on behalf of “blue water” veterans who argued that the presumption of exposure to herbicides (Agent Orange) should be extended to veterans serving in the waters off the coast of Vietnam. The presumption of exposure to Agent Orange has been defined by the…
Title 38 specifically, 38 U.S.C. § 5103A – Duty to Assist Claimants, establishes and the Court of Appeals for Veterans Claims has held the threshold for VA’s duty to assist veterans with their claims is low. Subparagraph 5103A(a) states “the Secretary shall make reasonable efforts to assist a claimant in…
Both the Freedom of Information Act (FOIA) and the Privacy Act (PA) give the public the right to request access to records held by Federal agencies. FOIA applies to all Federal agency records with access rights generally given to “any person.” However, one of the FOIA exemptions permits the withholding…
Chronicity and Continuity Chronicity is established when the disability has been present since the in-service disease, injury, or event occurred. In other words, you have had this residual condition to one degree or another since the disability occurred and leaving active duty. The second element to prove a nexus is…