Thousands of veterans who were denied disability claims by the Department of Veterans Affairs could have another chance. The United States Court of Appeals for the Federal Circuit overturned a 19-year precedent on April 3. [more]
Released 4/16/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits
For years, the non-profit National Veterans Legal Services Program (NVLSP) screened Board of Veterans' Appeals decisions, seeking a case involving denial of disability compensation to a veteran suffering from chronic service-related pain but due to a condition that doctors couldn't diagnose. Such a case has arisen, and its outcome, if it stands, could benefit thousands of veterans who have had VA compensation claims for pain denied for lack of a medical diagnosis. [more]
Released 4/16/18 | Tags: Court of Appeals for Veterans Claims
The U. S. Court of Appeals for the Federal Circuit, has overturned a 19-year-old precedent that was used in more than 11,000 claim denials which stated that the claiming veterans “had to have clear medical diagnosis connected to their pain in order to be eligible for those disability payouts.” [more]
Released 4/15/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits
Lawyers at the nonprofit National Veterans Legal Services Program had been screening Board of Veterans’ Appeals decisions for years, looking for just the right case involving denial of disability compensation to a veteran suffering from chronic service-related pain but due to a condition that doctors couldn’t diagnose. [more]
Released 4/14/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits
More veterans who suffer from chronic pain related to injuries or conditions they received while in the service now qualify for treatment and benefits from the Department of Veterans Affairs. The U.S. Court of Appeals for the Federal Circuit ruled April 4 that pain-stricken veterans should get VA benefits, even if their conditions are not directly linked to a medical diagnosis. The ruling overturns a 19-year precedent that barred VA from providing such benefits without a clear diagnosis. [more]
Released 4/13/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits
Lawyers at the nonprofit National Veterans Legal Services Program (NVLSP) had been screening Board of Veterans’ Appeals decisions for years, looking for just the right case involving denial of disability compensation to a veteran suffering from chronic service-related pain but due to a condition that doctors couldn’t diagnose. [more]
Released 4/12/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits
In May 2016 the NVLSP found the promising case it sought. Last week, the U.S. Court of Appeals for the Federal Circuit decided it favorably for Army veteran Melba Saunders. The April 3 ruling in Saunders v. Wilkie, if it stands, could benefit thousands of veterans who have had VA compensation claims for pain denied for lack of a medical diagnosis. [more]
Released 4/12/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits
Lawyers at the non-profit National Veterans Legal Services Program (NVLSP) had been screening Board of Veterans’ Appeals decisions for years, looking for just the right case involving denial of disability compensation to a veteran suffering from chronic service-related pain but due to a condition that doctors couldn’t diagnose. The NVLSP needed such a case to challenge a 1999 precedent-setting ruling of the U.S. Court of Appeals for Veterans Claims that found VA was not required to compensate a veteran for pain if physicians aren’t able to identify the cause. [more]
Released 4/12/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits
On March 31, a federal district court judge in Washington, DC, held that the fees collected by PACER—the electronic records system of the federal court system—are being used for purposes not authorized by law. PACER has a complex fee structure, but simply described, it charges users 10 cents per page, with a maximum of $3 per document. The National Veterans Legal Services Program filed a class-action lawsuit challenging PACER’s fees, alleging that the law authorizing PACER to charge fees only permits it to charge “reasonable fees” necessary to cover the operation and maintenance of PACER itself. PACER actually makes significantly more money than is required to maintain the system, and the courts have used this windfall for such purposes as updating technology in courtrooms. [more]
Released 4/6/18 | Tags: Class Actions
Thousands of veterans previously denied disability benefits for pain issues related to their military service may now be eligible for that assistance, thanks to a federal court ruling this week. On Wednesday, the U.S. Court of Appeals for the Federal Circuit overturned a 19-year-old precedent used in more than 11,000 VA claims denials that stated veterans had to have a clear medical diagnosis connected to their pain in order to be eligible for those disability payouts. Advocates said the ruling could be life-changing for individuals who are unable to work because of service-connected injuries but excluded from veterans assistance because of medical technicalities. “This was an all-or-nothing issue,” said Bart Stichman, executive director and co-founder of the National Veterans Legal Services Program. [more]
Released 4/5/18 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits