House Veterans Affairs Committee hearing on the role of the VSO claims rep

The House Veterans Affairs Committee held a hearing that examined the role of the VSO claims representative in the VA disability claims process.  You can access information from the hearing at this link:
http://veterans.house.gov/hearing/from-the-inside-out-a-look-at-claims-reps-role-in-the-disability-claims-process

(posted to hoeferlaw.com May 2012)

Senate Veterans Affairs Committee hearing on VA mental health care

The Senate Veterans Affairs Committee held a hearing on VA Mental Health Care: Evaluating and Assessing Care.  You can view the hearing from this link: http://veterans.senate.gov/hearings.cfm?action=release.display&release_id=b030f350-2b9f-4e85-9903-0731e03be8e1

(posted to hoeferlaw.com May 2012)

DVA & DOL Launch VRAP

Starting May 15, 2012, the Department of Veterans Affairs began accepting applications for the Veterans Retraining Assistance Program (VRAP), for training that begins on or after July 1, 2012.  This program is open to unemployed veterans, ages 35 to 60, who pursue a VA-approved program offered by a community college or technical school that leads to a “high-demand occupation.”  The link to the VRAP’s list of High Demand Occupations is http://www.gibill.va.gov/documents/VRAP_High_Demand.pdf.

In order to be eligible for this program, you must (1) have received an other than dishonorable discharge, (2) not be eligible for any other VA education program, (3) not be receiving VA compensation based on employability, and (4) not be enrolled in a federal or state job training program.  The program is limited to 99,000 veterans – with 45,000 veterans allowed to participate prior to October 1, 2012. 

This is a joint effort between the Department of Veterans Affairs and the Department of Labor.  The Department of Labor will provide every veteran participant with employment assistance after they have completed the program.  More information can be found at this link: http://www.benefits.va.gov/VOW/education.htm.

 


(posted to hoeferlaw.com May 2012)

VA Final Rule for Agency and Board hearing officers

VA issued a final rule stating that the rules regarding hearings conducted at the regional offices also apply to hearings conducted at the Board of Veterans’ Appeals. 
77 Fed. Reg. 23128 (Apr. 18, 2012).  

(posted to hoeferlaw.com May 2012)

New Rule for Veterans with ALS

VA has amended its rating schedule to provide a 100% disability rating for any veteran with service-connected amyotrophic lateral sclerosis (ALS).  This rule became effective on January 19, 2012, and applies to an application for benefits that was received by VA or appealed to the Board or was remanded to the Board by the U.S. Court of Appeals for Veterans Claims on or after January 19, 2012.   76 Fed. Reg. 78823 (Dec. 20, 2011).

(posted to hoeferlaw.com May 2012)

Request to Reopen Previously Denied Claims

The U.S. Court of Appeals for the Federal Circuit issued a decision stating that you can file a request to reopen a previously denied claim without submitting new and material evidence at the time that you file that request.  You will have submit new and material evidence in order to have the claim reopened – but you can file the claim to preserve the earlier effective date.  Akers v. Shinseki, 2011-7018 (Mar. 23, 2012), available at http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-7018.pdf
(posted to hoeferlaw.com March 2012)

VA rules for agency and Board hearing officers

VA has indicated that it may repeal a rule that says that Board hearing officers are not required to follow the same rules as regional office hearing officers. See 76 Fed. Reg. 52572 (Aug. 23, 2011).  Until then, Board hearing officers are bound by one set of regulations, and regional office hearing officers are bound by a different set of regulations.

(posted to hoeferlaw.com March 2012)