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VA Rolls Out New Appeals Process

Veterans Disability Claims

VA Rolls Out New Appeals Process

Effective February 19, 2019, all new appeals filed with VA will be processed under the modernized appeals system. Enacted in August, 2017, the Appeals Modernization Act provides three appellate options: supplemental claim, higher-level review, or appeal to the Board of Veterans Appeals. Currently, veterans wait an average of five years from the date an appeal is filed […]

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Landmark Court Decision Extends Agent Orange Presumption to Veterans Who Served in ‘Territorial Waters’ of Vietnam

Early yesterday the U.S. Court of Appeals for the Federal Circuit struck down the VA’s policy of denying disability benefits to Vietnam-era blue-water Navy veterans for exposure to Agent Orange and other herbicides on a presumptive basis. In a case called Procopio v. Wilkie the court decided that veterans who served within the “territorial waters” of Vietnam are now

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Government Shutdown: How Will VA Be Affected?

On December 21, 2018, Congress failed to pass appropriation bills for some federal programs, resulting in a partial government shut down. While some government operations will be affected, the Secretary of the Department of Veterans Affairs, Robert Wilkie, released the following statement: “Thanks to the leadership of President Trump and Congress, VA is fully funded for

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PTSD VA Claims for Combat Medal Recipients

When filing a claim for post traumatic stress disorder, the federal code provides different rules for combat veterans than it does for other veterans. In particular, veterans who have received combat medals are not required to corroborate their stressors. The fact that the medal was awarded is considered presumptive evidence of exposure to a stressful

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The Consequences of Not Showing up for VA Exams

When a veteran files a claim with the US Department of Veterans Affairs (VA) for service connected disability benefits, VA will commonly schedule the veteran for medical examination. These exams, commonly called “C&P Exams”, are intended to permit VA to assess both the existence, etiology, and severity of the veteran’s disability. It may seem obvious,

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Congress Passes Bill To Expand Research Efforts for Burn Pit Exposure

Veterans of the wars in Iraq and Afghanistan are becoming increasingly concerned that exposure to toxins produced by burn pits during deployments will mirror the experiences of veterans who were exposed to Agent Orange in Vietnam. In an effort to help address these concerns, earlier this year Congress passed the Helping Veterans Exposed to Burn

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Procopio: Agent Orange and the Blue Water Navy

On December 7, 2018, the US Court of Appeals for the Federal Circuit is scheduled to hear oral arguments in a case called Procopio v. Wilke. Although this case has quietly made its way through the courts, it has the potential to dramatically change the manner in which the US Department of Veterans Affairs addresses service-connected disability benefits claims associated

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