The U.S. Court of Appeals for Veterans Claims recently issued a decision that recognizes the use of herbicides at Fort McClellan in Anniston, Alabama. The herbicide likely related to a great deal of research being done at Fort McClellan on chemical, biological, and radiological materials as the U.S. prepared to enter World War I. Following […]
Court of Appeals for Veterans Claims Decisions
Case Update: Court of Appeals for Veterans Claims
Turner v. Shulkin has made a significant impact on pending claims. Read about how it could lead to a greater pay out below. In the VA claims process, the term “new and material” commonly describes the type of evidence needed to reopen a previous claim that the regional office has already fully decided. What is less […]
New Court Decision on the Impact of a Flare-up
Many veterans file claims for disabilities that, while chronic, are worse on some days than on others. So, while on a typical day a veteran with a disability may experience pain in the 4/10 range and have full range of motion, on another day when the veteran experiences a flare-up of his condition, he may […]
Recent Appeals Decision Helps Veterans Prove In-Service Personal Assault
A recent decision from the Court of Appeals for Veterans Claims may make it easier for veterans claiming disability due to PTSD to prove in-service personal assault. There are special rules in place where in-service assault is involved. The VA knows it can be hard for veterans to prove in-service personal assault because a lot of times, especially […]
CAVC Update – Bankhead v. Shulkin, Docket No. 15-2404
PTSD, depression, and other acquired mental health disorders are rated based on the severity of the veteran’s symptoms. This isn’t unique to mental health issues and is generally true for all service-connected conditions. One of the symptoms the VA might look at when a veteran is trying to get a 70% rating for a mental […]
New Court decision may change the way VA handles Agent Orange cases
Blue water veterans have long battled for recognition that they were exposed to Agent Orange. Unfortunately, VA has long refused to extend the presumption that veterans who were on land, or on inland waterways in Vietnam, were exposed to Agent Orange to veterans who served on ships in the offshore waterways. To justify this position, […]