On June 28, 2012 a class action lawsuit against VA was filed in U.S. District Court. Filed on behalf of Veterans and their family members, Case No. 12-330-CV-LMB charges the United States and VA with deprivation of civil rights, intentional infliction of emotional and physical distress, conspiracy and failure to prohibit the deprivation of civil […]
Veterans Disability Blog
For many years veterans have been frustrated by the difficulty of finding a lawyer for a veterans disability claim for pension and compensation. However, a new law should now make it much easier to find veterans disability lawyers since the new law lifts the ban on hiring attorneys early in the process. It should be noted […]
There is an effort under way to change the name of PTSD — Post-Traumatic Stress Disorder — to Post-Traumatic Stress (PTS). The purpose is to remove the stigma of “Disorder” in the hope that it will remove the social stigma associated with it resulting in more veterans coming forward to seek treatment. The effort is […]
An attorney who lives on a former Army base in Indianapolis and works out of a law office in Marion didn\’t always plan to represent veterans, their dependents, and survivors in claims that concern the U.S. Department of Veterans Affairs, but after joining the Army Reserve he started taking their cases. Word got out among veterans about what he was doing, and now their cases are the only ones he takes. Ralph Bratch, of the firm Bosley & Bratch in Marion, represents clients at various levels of the VA, including appeals. Not many attorneys in the country practice this kind of work, and he strongly advises attorneys without military experience to help veterans in other ways due to the involvement and challenge of each case.
In a June 29, 2012, decision, the CAVC rejected a veteran\’s argument that he was denied Due Process in a case where he was not given a fair opportunity to have a hearing at the regional office, but he later did not request a hearing when his case reached the Board of Veterans\’ Appeals (BVA).
In cases where the veteran’s entrance examination does not reveal injury, he is entitled to a presumption that he was in good health at the time of entrance into service. Horn v. Sinseki, CAVC docket no. 10-0853. This presumption of good health is useful because, if he subsequently develops an injury, it is more difficult for VA […]