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Category: Legal Update

Completing A Military Records Request Form: Here’s What You Should Know

Posted by Gregory M. Rada | April 12, 2022 | Disability Compensation,Legal Update,State Veteran Benefits

Whether you’re retiring, filing a claim for VA benefits, or requesting a discharge upgrade, you will want a copy of your military medical and personnel records. Download and Print the SF-180 Form In order to request a copy of your military records, you need to complete a SF-180 form and mail it to the appropriate… read more

What Is The Job Of A VA Lawyer?

Posted by Gregory M. Rada | February 24, 2022 | Disability Compensation,Firm News,Legal Update,PTSD Benefits,State Veteran Benefits

In my opinion, a VA representative’s job is two-fold. First, help the veteran win their appeal for disability compensation benefits by obtaining the evidence needed to win the claim and putting forth persuasive legal arguments. Almost as equally important is to review a veteran’s entire VA claims file to determine if any additional past-due benefits… read more

Veterans Discharged for Sexual Orientation to Receive VA Benefits

Posted by Gregory M. Rada | September 20, 2021 | Disability Compensation,Legal Update

On the 10th anniversary of the repeal of the “Don’t Ask, Don’t Tell” policy, VA announced that LGBTQ+ service members who received an other than honorable discharge would now be eligible for VA benefits such as vocational rehabilitation, home loan guaranty, compensation & pension, health care, homeless program, and/or burial benefits. Veterans Discharged for Sexual Orientation,… read more

Is the VA Biased Against Male Victims of Military Sexual Trauma?

Posted by Gregory M. Rada | May 12, 2018 | Legal Update

Military Sexual Trauma (military sexual trauma) is psychological trauma, which results from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment and which occurs while a veteran is serving on active duty, active duty for training, or inactive duty training. It happens more often than many people know –… read more

Veterans Sue Navy Over Discharge Upgrade Denials

Posted by Gregory M. Rada | May 10, 2018 | Legal Update

Earlier this month, attorneys working with the Yale Law School Veterans Legal Services Clinic filed a class action law suit in federal court alleging that the Navy illegally denies requests for discharge upgrades made by veterans with PTSD and other mental health conditions.   The lead plaintiff is a Marine veteran of the 2003 invasion… 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

VA to Revamp Appeals Process

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

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