Military Veterans' Lawyer Blog

September 18, 2015

Don’t Get Left Behind! Changing Rules May Change Your VA Benefits

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

The Department of Veterans Affairs (VA) is in the middle of changing its Schedule for Rating Disabilities, the VASRD. If you’ve ever looked at the VASRD and been confused, you’re in good company. Unfortunately, the VASRD doesn’t function like a menu, so it can be quite misleading. Also, the current VASRD doesn’t account for impact of service-connected disability on your overall life. Right now, VA only assesses disabilities based on perceived impact to your income.

You can readily understand that the inability to walk affects all aspects of your life and well-being, even if you are able to sit at a computer for hours for work. Knowing how the current VASRD operates and how any changes may impact your claim for benefits is crucial. You definitely don’t want to leave a higher rating on the table if the new standards will actually take into account the full impact of your disabilities, such as the fact that you can work but you can’t walk. Continue reading

September 17, 2015

Get Help With Your VA Benefits Claim

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

CUE Claim Denials?

If you or I made a clear and unmistakable error which had a huge price tag, we’d expect some consequence. Like, we might get fired. Or demoted. Or something else undesirable would happen. That’s not at all the case with “Clear and Unmistakable Error” (CUE) actions by claims examiners at the Department of Veterans Affairs (VA).

Far from any remedial or disciplinary action for committing a CUE, as far as we can tell, nothing happens at VA. No training, no discipline. In fact, we’ve been informed that CUEs aren’t even tracked, making it impossible to tell what’s going on. If for no other purpose than training claims examiners to avoid making the same mistake over and over again, one would think CUEs should be tracked by VA. Continue reading

September 16, 2015

Veterans: Are You Protecting Your Domestic Partner?

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Are you protecting your domestic partner?

Remember the old saying, “An ounce of prevention is worth a pound of cure?” This statement could not be more true for planning your estate. Let’s take an issue that’s been in the news quite a bit these days: domestic partnership. If you have a domestic partner, will they receive your benefits? What happens if you become gravely ill? If you want your domestic partner to make vital health decisions on your behalf, do they have legal permission? If you are gravely ill and have minor children from a previous relationship, will your domestic partner have the legal right to care for your children as you wish?

While it’s easy to be fooled into thinking you are protecting your significant other when you’re not, it is also easy to forgo significant benefits for your partner. One of the most important loving acts you can do for your domestic partner is ensure that they receive all the Veterans benefits to which they are, through you, entitled. Continue reading

September 15, 2015

Veterans, Spouses, and Domestic Partners: What You Don’t Know About Presumptive Diseases Can Kill Your Benefits

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

What you don’t know about VA benefits could cost you

Many people assume new illnesses, aches, and pains are “normal.” Just part of aging. Or simply bad luck. Or even genetics. Veterans – don’t be lulled into passive acceptance of so-called common wisdom. Diet and exercise can only get you so far with the many health problems – some tremendously serious – which may be the result of your military service. In addition, some health issues, such as birth defects, may be results of your military service that affect not only you but your entire family. Continue reading

September 14, 2015

Taking the Fight to Veterans: Why VA’s Mandatory Forms Probably Aren’t Legal

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

You can’t always believe what you’re told. Unfortunately, the Department of Veterans Affairs (VA) means business when it comes to telling you their new forms are mandatory. And the form that is probably the most harmful is the one you might need the most: VA’s Notice of Disagreement (NOD) form, called VA Form 21-0958.

Why is this form so harmful? First, because it is a trick. It is designed to get you to eliminate most of the reasons you are challenging VA’s refusals. Second, and even more insidious, the NOD form may not even be legal. But right now, VA is forcing you to use it. Continue reading

September 11, 2015

Veterans: Speak Now – Or Forever Withhold Your Peace Of Mind

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

No time like never!

The heartbreaking anniversary of 9/11 brings to mind a less well-known event that continues to impact Veterans. Ever since the Veterans Claims Adjudication Commission (VCAC) issued its recommendations almost 20 years ago, the thought that Veterans should have less time – not more – to file claims and responses has been as evergreen as Texas cedar. And just as much of a nuisance.

Veterans, be warned. The Department of Veterans Affairs (VA) has already moved one step closer to reducing its backlog by breaking your back. The VA continues to be busy figuring out ways to lighten its backlog of unexamined and pending claims by taking away rights and getting you to do their work. One goodie they added this year is the so-called “Intention to File a Claim” form. Continue reading

September 10, 2015

VA’s Notice of Disagreement (NOD) Form Is a Trap

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

VA is even better at hiding your benefits!

If you want to challenge a credit-card charge, you write a letter. If you question denial of an insurance claim, you write a letter. Even if you represent yourself in court, you can write a letter!

The Department of Veterans Affairs (VA) is apparently more busy than credit-card companies and more important than our nation’s courts. Unlike other public and private entities who let you challenge their actions by writing to them in your own words, using your own e-mail or stationery, VA now requires you to use a specific form. Especially maddening is the fact that VA requires that you use a specific form to file a Notice of Disagreement, or NOD. Remember in kindergarten when someone was mad at you and said “I can’t hear you!” The mandatory use of forms seems like VA’s special way of saying “I can’t hear you!” Continue reading

September 9, 2015

Houston, We Don’t Have a Problem: VA’s Schedule of Remaining 2015 Stand-Downs in Texas

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

On June 1, 2015, Houston announced it has effectively ended chronic Veteran homelessness. Houston Mayor Annise Parker’s dramatic statement came a mere year after Houston rolled up its collective sleeves and decided to face down two enemies most active-duty troops never anticipate: homelessness and its boon companion, hopelessness.

The Department of Veterans Affairs (VA) estimates that, as of September 30, 2014 (a year ago), Texas as a whole had approximately 1.68 million Veterans. Houston is the 4th largest city in the United States. It has an impressively large Veteran population – the 2nd largest in the United States – numbering around 300,000. The office of Houston Mayor Annise Parker estimates an additional 3,000 Veterans return to Houston every year. So, how did Houston deliver such a knock-down punch to the large and notoriously resilient foe of homelessness? Continue reading

September 8, 2015

Texas Veterans Commission vs. VA or – Why Is VA Hiding From You?

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Why is VA ducking you?

If you need to call or e-mail someone working for the Texas Veterans Commission, it really couldn’t be easier. The Texas Veterans Commission offers Veterans a full employee directory. By golly, it’s even updated for 2015. The same is true for most other states, starting with Alabama and ending with Wyoming.

Now, let’s try our Federal Department of Veterans Affairs (VA). You know, the agency which is costing us $165B (as in “billion”) every year. Apparently, VA is too poor to pay attention, because they can’t offer you an employee directory. They can’t even offer you Regional Office directories. Why is that? It certainly isn’t illegal for VA to post civil-servant names, phone numbers, and e-mail addresses. Heck, the Department of Commerce lets you search by name or office and serves up employee e-mail and phone numbers, right from their website homepage.

March 13, 2015

Is there a cure for Hepatitis C?

by Bob Goss

Many veteran’s suffer from Hepatitis C. A horrible disease with no cure, until maybe now.

A few weeks ago I met and discussed Hepatitis C with a Bristol drug representative who discussed how the new Hep C medicines were actually curing people with Hep C.

The following article discusses some of what the represenative stated http://www.usatoday.com/story/news/nation/2014/01/29/hepatitis-c-treatment/5029179/