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VA Changes the Rating Criteria for Musculoskeletal Conditions

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VA Changes the Rating Criteria for Musculoskeletal Conditions

Effective February 7, 2021, the US Department of Veterans Affairs (VA) has implemented major changes to the rating schedule for musculoskeletal disabilities. Diagnostic codes have been added, others have been removed, and an attempt has been made to update medical terminology and to provide more objective rating criteria. The changes are a mixed bag for veterans. For […]

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Transfer of the Right To Use Piers and Other Structures on Lakes and Rivers Is Restricted

The law provides owners of property abutting navigable waters such as lakes and rivers rights of access to and use of those waters, commonly called “riparian rights.” Those rights are exclusive up to a point, but ultimately subject to the rights of the public and the State as trustee. Among those rights are the right

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First Responders and the Right To Free Expression on Social Media

In 2012, a 25-year veteran of the Peoria Arizona police department posted pictures on his Facebook account. These pictures depicted seven heavily armed teenagers. The teenagers held a bullet-riddled t-shirt depicting the now iconic “Hope” logo used by President Obama. The Secret Service actively investigated the issue as a threat on President Obama’s life and the officer was ultimately

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Supreme Court To Review Law Limiting Firearms Possession

The Second Amendment to the United States Constitution guarantees the right of individual citizens to possess firearms. The Supreme Court has ruled that this right is not absolute. Many states have taken advantage of the ability to limit the Second Amendment. Wisconsin, for example, makes it a crime punishable by a $10,000 fine and 10 years imprisonment for any

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Federal Court Issues Order Requiring Automatic Re-adjudication of Blue Water Agent Orange Claims

On November 5, 2020, a federal judge ordered that the U.S. Department of Veterans Affairs must re-adjudicate claims for disability benefits arising from exposure to Agent Orange during the Vietnam War, if those claims were previously denied because the veteran had served offshore during Vietnam rather than setting foot on the land or serving within

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A Changes Position on Where Herbicides Were Used Outside of Vietnam

On January 27, 2020, the Department of Defense (“DoD”) and the Department of Veterans Affairs (“VA”) changed the list of locations where the military used and stored herbicides such as Agent Orange. To the surprise of many, this list no longer includes approximately 40 locations that VA previously recognized as places where herbicides were known to be used. Sadly, VA is

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Reasons and Bases – Why a Veteran’s “Final” VA Rating Decision Isn’t So Final

In 2019, the Board of Veterans Appeals (sometimes called the Board or BVA) issued over 95,000 appeals decisions. Whenever the Board issues a decision, federal law requires that it provide a statement of “reasons and bases” explaining how it reached its decision. One of the most common reasons that the Board’s decisions are eventually overturned

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