Veterans Benefits Blog

In February 2013, Goodman Allen & Filetti obtained approximately $825,000 in retroactive benefits on behalf of a veteran from the Department of the Veterans Affairs Montgomery, Alabama Regional Office (VA).

The attorneys and paralegals in our Veterans Benefit Practice Group worked tirelessly on this matter beginning with representation at the U.S. Court of Appeals for Veterans Claims in 2007 where they were able to secure a decision sending the case back to the Board of Veterans’ Appeals (Board) for further development and adjudication. The VA continued to reject the argument that the veteran’s claim for T12 myelopathy with bowel and bladder paralysis, the loss of use of lower extremities, and the loss of anal and bladder control, was due to a military connected intervertebral disc syndrome. Following years of submitting argument and evidence in support of the veteran’s claim for service connection and the case transferring back and forth between the Regional Office and the Board, the VA, in August 2011 finally granted service connection for what they “renamed” myelopathy with chronic pain of the right and left lower extremities, both rated at a 10% disability. Despite the good news of the VA’s recognition and acceptance of the service connection, a disability rating of 10% in light of the significant disabilities the veteran was experiencing was simply unacceptable. The decision was appealed and another two years of persistence and impatience transpired before the VA finally gave recognition to the true extent of the veteran’s condition and granted entitlement to 100% disability benefits for various medical disabilities dating back to May 2001, including, entitlement to special monthly compensation based on the need of aid and attendance, automobile and adaptive equipment, specially adapted housing, and dependents educational assistance.

For additional information please contact David Lowenstein.

David J Lowenstein Veterans Benefits Claims Disability compensation, filing a claim, Regional Office, United States Court of Appeals for Veterans Claims, VA claims, Veterans Benefits Claims, Veterans Court, veterans disability benefits

Secretary Panetta of the Department of Defense and Secretary Shinseki of the Department of Veterans Affairs met on February 5, 2013, their 9th meeting in the last 18 months. They again discussed their commitment to have both departments’ partner in an integrated electronic health record system.

Instead of merely expressing their mutual desire to create a shared electronic health record system, Secretary Shinseki confirmed the following:

“Today’s meeting was about how to get there and, in the short term, we’ve agreed to improve data interoperability to that integrated electronic health record before the end of this year, by standardizing health care data no later than December 2013, creating health data authoritative source no later than September of 2013, accelerating the exchange of real-time data between V.A. and DOD no later than December of 2013, and allowing V.A. and DOD patients to download their medical records, what we call our Blue Button Initiative, no later than May of 2013, and, finally, upgrading the graphical user interface, this thing we call the GUI, to display the new standardized V.A. and DOD health care data no later than December of 2013, all of this focused on an initial operating capability in 2014.”

Whether the target dates will be met is unknown, but the fact that they are taking increased steps toward the creation of a seamless, single integrated electronic health record should be applauded. Bringing together two large bureaucracies on such a large task is monumental. Both Secretary Panetta and Shinseki should be commended for their efforts, and service members and veterans should look forward to the day where medical professionals will have access to all of the patients’ medical records. This will in turn, hopefully, lead to better continued medical care and quicker access to important records.

Additionally, an integrated electronic health record system will also assist with the processing of veterans benefits claims. Often, the adjudication of claims is slowed because VA needs to search for the service medical records. However, once the shared electronic system is up and running, VA will have access to all of the service medical records at the beginning of the claims process.

David J Lowenstein Veterans Benefits Claims Department of Defense, electronic records, Health records, VA claims, Veterans Disability claims

VA recently announced that it will add around 1,600 mental health clinicians, which include nurses, psychiatrists, psychologists, and social workers and approximately 300 support staff to its already existing workforce of 20,590 mental health employees.

The Secretary of Veterans Affairs Eric K. Shinseki explained that as more Veterans return home from war, all must be done to provide access to quality mental health care. Funds for the increase in staffing will come from the current budget.

To see the official VA announcement, please view this link http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2302

David J Lowenstein FAQs, veterans health care FAQs, VA mental health care, veterans health care

On December 19, 2011, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Murton v. Shinseki , 2011 U.S. App. LEXIS 25123, 2011-7058 (Dec. 19. 2011) (nonprecedential) vacating that part of the United States Court of Appeals for Veterans Claims (Veterans Court) decision that addressed the merits of the veteran’s psychiatric disability claim.

The Federal Circuit issued a decision finding, in particular, that “[b]ecause the Veterans Court did not have jurisdiction over [Mr.] Murton’s psychiatric claim, it should not have addressed that claim, and that portion of its opinion cannot be sustained.”

David Lowenstein argued the case before the Federal Circuit on behalf of the veteran, Mr. Murton. Although the decision is nonprecedential, in other words, it lacks binding authority over other cases, the Federal Circuit’s decision has essentially upheld the rule of law that stands for the proposition that the Veteran’s Court lacks jurisdiction to review a claim on the merits when VA has not yet decided it in the first instance.

The purpose of the appeal to the Federal Circuit, or any appeal of an unfavorable decision, is to make what is wrong correct. Having a right to appeal a decision does not necessarily make it proper to appeal. It is recommended that a detailed review of a decision be made before any appeal is filed. Understanding why the decision was made is just as critical as understanding what an appeal would accomplish, if anything.

If you are in need of deciding whether an appeal is warranted in a veterans-related case or are in need of representation, please contact David Lowenstein at http://www.goodmanallen.com/people/bio/david-j-lowenstein, or any other attorney in our veterans practice at http://www.goodmanallen.com/practice-areas/detail/veterans-benefits, or http://www.veteransbenefitgroup.com/

David J Lowenstein FAQs, Veterans Benefits Claims FAQs, VA claims, Veterans Benefits Claims, veterans disability benefits, Veterans Disability claims

OPEN HOUSE – November 9, 2011

Celebrating the launch of the Intel Veteran Employment Training (VET) Initiative
Join Intel and the Fairfax County Department of Neighborhood and Community Services and honored guests:
• The Honorable, James Moran, U.S. House of Representatives
• Rodney Lewis, White House Fellow, Office of the First Lady

Intel VET is the result of an innovative community and industry collaboration to serve Washington, DC area veterans. As vital members of our community, we invite you to join us on November 9 for the launch of this important new program.
Date: November 9, 2011
Time: Event will begin at 1:30 p.m.
Location: Gum Springs Community Center
8100 Fordson Road
Alexandria, VA 22306

In support of the White House “Joining Forces” initiative, Intel and Intel Computer Clubhouse at Gum Springs are partnering to offer employment training services to local veterans and their spouses (partners). This new program is designed to provide veterans and spouses with training such as resume writing, skills translation, interviewing, and job search techniques as they transition from a military career to employment in the private sector.
RSVP (Limited Seating): Shirley Maier, Events Manager, shirley.maier@intel.com
Questions? Shirley Maier shirley.maier@intel.com

Proudly Sponsored By:
Employer Support of the Guard and Reserve
Gum Springs Community Center and Computer Clubhouse
Intel Computer Clubhouse Network, a member of the Museum of Science- Boston
Intel Corporation

David J Lowenstein Uncategorized Add new tag, Employment training

Marine veterans who were stationed, lived or worked at Camp Lejeune before 1987 may have been exposed to contaminants in the drinking water supply. The Department of Veterans Affairs is recommending all those who believe they were at Camp Lejeune before 1987 to register to receive notifications regarding Camp Lejeune Historic Drinking Water.

The Department of the Navy is funding independent research studies to ascertain what effects, if any, the drinking supply had on individuals. At this time, the Agency for Toxic Substances and Disease Registry (ATSDR) is conducting a study to determine if certain illnesses are linked to exposure to contaminated drinking water. The results are expected to be complete in late 2011.

For the past several years, the Marine Corps has worked on reaching out to those it believes may have lived or worked at Camp Lejeune before 1987. To date, more than 155,000 names are in the Registry.

Detailed information about this can be found at https://clnr.hqi.usmc.mil/clwater/index.aspx

David J Lowenstein FAQs, Veterans Benefits Claims, veterans health care

If Congress cannot reach an agreement on the 2011 budget by midnight tonight, April 8, 2011, the government will shut down. While many questions and issues remain unknown as to how a shutdown will truly impact the nation, the Department of Veterans Affairs just issued a field guide explaining what services will and will not be impacted by a shutdown.

Here are some highlights:

VA hospitals and clinics will remain open and fully functional. You should have no problem getting your prescription, and can attend your scheduled appointment for treatment or go to the emergency room.

Payments of disability (service-connected) and pension (non-service-connected) will continue as usual.

Processing of claims for benefits will continue, but may be slowed down significantly.

Many people at the VA Regional Offices and the Board of Veterans’ Appeals will not be working—phone calls to these offices will not be answered, and it is unlikely that decisions on claims will be made.

For all the details, click on the following link http://va.gov/FieldGuide_Flyer_Final_6261.pdf

David J Lowenstein FAQs, Veterans Benefits Claims, veterans health care Allen & Filetti, FAQs, Veterans Benefits Claims, veterans health care

Recently, the U.S. House of Representatives passed a budget amendment that, if enacted into law, would essentially invoke a seven-month moratorium on payment of all legal fees by the government to those who successfully litigate a matter against it. Such payments are currently authorized under the Equal Access to Justice Act (EAJA).

In 1980, Congress established EAJA in response to its concern that people may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense involved in suing the government to vindicate their rights. Congress expressly made payment of legal fees under the EAJA available to veterans and their dependents who hire private attorneys to represent them at the U.S. Court of Appeals for Veterans Claims and if they win the case against the government in that court.

If the budget amendment becomes law, EAJA fees would be temporarily suspended. Because there does not appear to be a distinction between those people who would be affected by the broad moratorium, veterans and their dependents would likely suffer because attorneys rely on reimbursement of reasonable attorney fees under EAJA in order to provide low or no cost services. If the attorneys are not awarded attorney fees in successful appeals, it is unlikely that they would agree to represent veterans and their dependents before the court. This will negatively affect those who have been unfairly denied benefits by VA and need the expertise of an attorney skilled in the area of veteran’s benefits law to litigate the matter at the Court.

To see the EAJA deliberations, check out http://www.scribd.com/doc/49535676/EAJA-Deliberations

David J Lowenstein Veterans Benefits Claims, Veterans Benefits Legislation Veterans Benefits Claims, veterans disability benefits, Veterans Disability claims, Veterans legislation

Similar to the Social Security Administration’s announcement that no cost-of-living adjustments (COLA) will be made to Social Security benefits in 2011, Veterans, their families and survivors will also not see a COLA in 2011. The lack of a COLA increase applies to compensation and pension benefits from the Department of Veterans Affairs.

David J Lowenstein FAQs veterans disability benefits, Veterans Disability claims

On June 1, 1954, President Dwight D. Eisenhower signed a bill proclaiming November 11th as Veterans Day, which was formerly known as Armistice Day. Veterans Day was established to recognize and honor the men and women who have served in the United States Armed Forces. Although Veterans Day marks a day in which we remember those who died during service, it is designed to thank and honor all of those who have served and continue to service.

Today, on November 11, 2010, Veterans Affairs Secretary Eric Shinseki discussed the sacrifices made by men and women who have served in the United States military and the difficulties many of them face. Below is a link to the actual discussion and a summary of the key points addressed.
http://www.npr.org/blogs/thetwo-way/2010/11/11/131239678/veterans-day?ft=1&f=1001

Goodman, Allen & Filetti would like to thank all of the men and women who have and continue to serve our country.

David J Lowenstein Veterans Benefits Claims, Veterans Benefits Legislation Allen & Filetti, Goodman, Veterans Day, veterans disability benefits