Articles Posted in Veteran Affairs

An issue that comes up, unfortunately way too frequently, is a veteran’s records were destroyed in 1973 at the St. Louis fire at the National Personnel Records Center. For information on how to contact the National Personnel Records Center see my link under my Helpful Resources and National Personnel Records Center, St. Louis at the bottom of this page https://www.attorneyforveterans.com/lawyer-attorney-1324329.html

VA Regional Offices often deny a claim based upon “They (VA) could not obtain the records, and they were destroyed in a Fire at the NPRC.” Then the next 7 states that it is the veteran’s responsibility to obtain the records. One of the requirements to obtain a VA disability rating is to provide evidence that a disease, injury, or event occurred in service creating a disability that continues to this day.
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The United States Court of Appeals for the 9th Circuit, in case number 08-16728 found for the Veterans (VCS, a second veterans group, and veterans) and concluded:

CONCLUSION

The United States Constitution confers upon veterans and their surviving relatives a right to the effective provisions of mental health care and to the just and timely adjudication of their claims for health care and service-connected death and disability benefits. Although the terms of the Administrative Procedure Act preclude Veterans from obtaining relief in our court for their statutory claims, their entitlement to the provisions of health care and to veterans’ benefits are property interest protected by the Due Process Clause of the 5th Amendment. The deprivation of those property interests by delaying their provisions, without justification and without any procedure to expedite, violates veterans’ constitutional rights. Because neither Congress nor the Executive has corrected the behavior that yields these constitutional violations, the courts must provide the plaintiff with a remedy. We therefore remand this case to the District Court with the instruction that, unless the parties resolve this dispute first, it enter an order consistent with this opinion.

May 1st, 2011, is a great day for America.

Congratulations and thanks must go to the United States military, Defense Department, and all intelligence agencies responsible for killing Osama bin Laden.

Since August 1990, American troops have been protecting the United States of America and millions of foreign citizens in the Middle East and across the world against unprovoked aggression.

After several extensions the newest and possibly last opportunity to apply for Stop-Loss payments is set for March 18, 2011.

Additional information from the Department of Defense may be found at http://www.defense.gov/home/features/2010/0710_stoploss/

Essentially if a service member was not allowed to separate or retire – – the service member’s service was involuntarily extended between September 11, 2001, and September 30, 2009, the service member is eligible to apply for this pay.

The U.S. Court of Appeals for the Federal Circuit, ORDERED the Secretary of Veteran Affairs to issue the final rule for the new Agent Orange (AO) Presumptions https://www.militaryveteranlawyer.com/2009/10/3_new_presumptive_agent_orange.html within 30 days from August 2, 2010.

The significance of this Order is a final rule is required before VA Regional Offices consider and GRANT AO issues based upon the NEW presumptions. For a veteran to be granted a service-connection for one of the new AO presumptive diseases the veteran must have one of the new AO diseases, and prove they were in Vietnam or another area specified by the VA.

Prior to the Federal Circuits’ Order the VA had delayed issuing this final rule.

Many veterans are exposed to noise during their military service. And by noise I mean everything from explosions, gunfire, jet engines, machinery, or other events that produce loud sounds.

Tinnitus is commonly referred to as “ringing in ears,” but may sound to the veteran like popping, old test tube equipment, electrical sounds, clicking, or another noise in the ears or head of the veteran.

The VA provides a 10% disability rating for veterans having this disability as long as the tinnitus is recurrent. The maximum amount is 10%, regardless of if the tinnitus is in one or both ears, or the head.

Texas Veteran’s seeking help buying and owning a home, just received a little extra help on February 9, 2010. Under this new program called the Texas Veteran’s Mortgage Credit Program, a veteran may apply and receive up to $2000 on the mortgage interest paid to own a home in the State of Texas.

For complete details please visit the website listed below or read the material copied from the site in the continued reading section.

From http://www.tdhca.state.tx.us/homeownership/fthb/mort_cred_certificate.htm#veteranmcc
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If you or a deceased family member was prevented from separating or retiring between September 11, 2001, and September 30, 2009, because of Stop-Loss, you may be entitled to $500 for each month you were stop-lossed (retained).

YOU MUST APPLY with your respective service no later than October 30, 2010, and apply using the following sites or e-mail addresses:

Stop Loss contact information:

Contact Information