In most circumstances a veteran filing a claim for service connected disability benefits must submit evidence that demonstrates that his or her disability was caused by something that occurred during service. However, for veterans that served on the ground during the Vietnam War, VA will presume that certain illnesses and conditions were caused by dioxin […]
Presumptive Agent Orange Claims Read More »
There are a number of benefit programs administered by the Department of Veterans Affairs, but the most well known is the program that pays veterans for disabilities incurred in service. This benefit is commonly referred to as service connected compensation. In order to prove entitlement to this benefit, a veteran must demonstrate: 1) an in-service event,
Do I Qualify for VA Benefits? Read More »
When VA grants a claim for service connection, each service-connected disability is assigned a percentage according to VA’s rating schedule. If a veteran is service-connected for multiple disabilities, the combined evaluation determines the rate at which the veteran is paid. Many veterans are surprised that the combined evaluation is not always equal to the sum of
Why Don’t My Service Connected Evaluations Add Up? Read More »
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
VA Rolls Out New Appeals Process Read More »
We live in a digital age. As technology advances, the law has struggled to keep up, which has created tension between law enforcement’s needs to investigate crimes and individuals’ constitutionally protected rights to privacy. One area where such tension continuously arises is with respect to law enforcement efforts to access information contained on cell phones.
The Right to Privacy in a Digital World Read More »
Free speech is a right guaranteed to all citizens based on the 1st Amendment to the Constitution. Over the years, tension has developed between individuals seeking to exercise their free speech rights and governments attempting to enforce laws and maintain peace. Oftentimes, people exercising their free speech rights find themselves arrested and subject to criminal charges.
Court Grapples With Whether First Amendment Protects Harassment of Police Officers Read More »
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
Most people have heard of someone “pleading the 5th” in connection with a criminal investigation. The 5th Amendment to the United States Constitution also contains the Double Jeopardy Clause. In 1896, the United States Supreme Court interpreted the Double Jeopardy Clause of the United States Constitution, concluding in the case of Ball v. United States that the Double
The Impact of the Separate Sovereigns Doctrine on Current Events Read More »
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
Government Shutdown: How Will VA Be Affected? Read More »
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