Podcast Interview with Military Law Matters
Posted by Gregory M. Rada | December 27, 2017 | Disability Compensation
I recently had the opportunity to sit down with Attorney Ferah Ozbek, a fellow veteran, to discuss my VA benefits practice and PTSD. Farah served in the U.S. Air Force as a judge advocate for 22 years, attaining the rank of Colonel. She now runs the website MilitaryLawMatters.com, which matches clients with military law attorneys. She… read more
DoD Issues New Guidance for Discharge Upgrades Involving Mental Health
Posted by Gregory M. Rada | November 13, 2017 | 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… read more
Posted by Gregory M. Rada | October 10, 2017 | 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. Gregory… read more
VA Expands Mental Health Care for Veterans with Other-Than-Honorable Discharges
Posted by Gregory M. Rada | August 24, 2017 | Health Benefits
In a change to longstanding policy, the VA will now provide emergency mental health care to veterans with other-than-honorable (OTH) administrative discharges. As of July 2017, all former service members suffering from a mental health emergency may access the VA health care system by visiting a VA emergency room, an outpatient clinic, or a vet… read more
PTSD Update: New Research Reveals Physical Effects on the Brain
Posted by Gregory M. Rada | August 2, 2017 | Disability Compensation
While traumatic stress from combat is as old as war itself, PTSD did not become an official psychological diagnosis until 1980. Psychological symptoms associated with PTSD are varied and may include persistent nightmares, intrusive thoughts, negative changes in mood, and heightened reactivity. According to new research presented at the American Academy of Neurology’s Sports Concussion… read more
Members of Congress Introduce Legislation to Support Survivors of Military Sexual Trauma
Posted by Gregory M. Rada | May 31, 2017 | 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…. read more
VA Finalizes Camp Lejeune Presumptive Conditions
Posted by Gregory M. Rada | March 2, 2017 | 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… read more
VA Issues Updated Guidelines for Partial Knee Replacements
Posted by Gregory M. Rada | February 6, 2017 | 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… read more
VA Offers New TBI Exams to Thousands of Veterans
Posted by Gregory M. Rada | August 26, 2016 | Disability Compensation
The VA is offering new TBI exams to thousands of veterans who did not have their initial examination performed by either a psychiatrist, physiatrist, neurosurgeon, or neurologist. This action impacts more than 24,000 veterans and will ensure these veterans receive a proper initial TBI examination and a new rating decision. The VA is offering new… read more
Federal Circuit Rules Partial Knee Replacements Qualify for Temporary 100 Percent Rating
Posted by Gregory M. Rada | June 14, 2016 | Disability Compensation,Legal Update
On May 18, 2016, in Hudgens v. McDonald, the Federal Circuit ruled that partial knee joint replacements qualify for ratings under Diagnostic Code (DC) 5055, which is the diagnostic code that grants a temporary 100% rating for the year following a knee joint replacement, and then a minimum 30% rating thereafter. This is a great outcome for veterans undergoing… read more
