DoD Issues New Guidance for Discharge Upgrades Involving Mental Health

Gregory M. Rada Legal Update

New DoD Guidance for Discharge Upgrades Involving Mental Health As I have noted before, service-connected mental health conditions frequently lead to veterans receiving other-than-honorable discharges. In turn, other-than-honorable discharges often prevent veterans from receiving much needed VA benefits and health care. In response to this problem, the Department of Defense (DoD) has issued new New DoD Discharge Upgrade Guidance for …

VA to Revamp Appeals Process

Gregory M. Rada Disability Compensation, Legal Update

Big changes are coming to the VA appeals process as a result of a new law, the Veterans Appeals Improvement and Modernization Act of 2017, which became law on August 23, 2017. The new law restructures the current appeals process to address the massive backlog of veterans presently waiting for decisions on their appeals.

Members of Congress Introduce Legislation to Support Survivors of Military Sexual Trauma

Gregory M. Rada Legal Update

Last month U.S. legislators introduced H.R. 1954 – the Servicemembers and Veterans Empowerment and Support Act of 2017. In large part, legislators drafted H.R. 1954 in response to reports of nude photos of female service members being posted online. The bill is aimed at ensuring that these veterans have sufficient access to counseling and benefits. Under the present laws, it …

VA Finalizes Camp Lejeune Presumptive Conditions

Gregory M. Rada Disability Compensation, Legal Update

After a long wait, the Department of Veterans Affairs has finalized and released regulations that establish a presumption of service connection for certain conditions caused by contaminants in the water supply at the U.S. Marine Corps Base Camp Lejeune, North Carolina.  The amended regulations apply to veterans, former reservists, and former National Guard members who served for at least 30 …

VA Issues Updated Guidelines for Partial Knee Replacements

Gregory M. Rada Disability Compensation, Legal Update

This past November, the VA updated the portion of the M21-1 Manual that instructs VA raters how to process claims for evaluations of partial knee replacements. This update is a response to a decision by the Federal Circuit in Hudgens v. McDonald, which I wrote about in a previous post. In Hudgens, the Federal Circuit held that partial knee replacements qualify for …