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…
Recently one of my staff had a few medical exams. This reminded me of a plea by Col. Tim Gann (not Brig. Gen. Gann), who came to the USAF Doctrine Center in 1997. Col. Gann stated a prostate exam had saved a fellow Army War College student’s life by catching…
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…
Recently, I was involved in a classic retaliation case. An apartment tenant requested information from an apartment in accordance with the state statute to correct a deficiency with the apartment. The apartment management was unresponsive to the tenant’s request. The tenant then requested the apartment owner’s address, as provided by…
A landlord may not retaliate or attempt to punish a tenant who attempts to exercise “a right or remedy granted to the tenant by ‘by lease, municipal ordinance, or federal or state statute.” Texas Property Code §92.331(a)(1). Additionally a landlord may not retaliate if he can’t request a repair to…
A Tenant’s Remedies Section 92.056 generally makes the landlord liable to the tenant if the tenant meets the requirements of Section 92.052. The landlord, however, has a reasonable period of time to repair the condition. Section 92.56(d) states a reasonable period of time is seven days. “To rebut that presumption,…
Smoke Detectors You need a working smoke detector for the safety of you and your family. Section 92.254 of the Texas Property Code requires a working smoke detector in each rental unit. The smoke detector must be able to detect both visible and invisible products of combustion. The smoke detector,…
Repair of Property Texas Property Code § 92.052 provides a landlord “shall make a diligent effort to repair or remedy a condition if” the tenant gives notice AND is not delinquent in rent. Additionally, the repair defect “materially affects the physical health or safety of an ordinary tenant.” Finally, the…