Hot Legal Issues for Veterans
Supreme Court Rules in Favor of Veterans
What does this mean for veterans? Veterans should make sure any filings with any court or even with VA are made within applicable time limits and at the appropriate places, however, if a veteran misses the filing deadline for exceptional reasons – for example, a veteran who is hospitalized or psychiatrically disabled, or a veteran who relies upon VA for help or misdirects his appeal documents to VA – he may be still able to have his appeal heard. Read the Supreme Court's decision Henderson v. Shinseki Panel/Telecast: Supreme Court Sides with Veterans On Deadlines Read USA Today article about the case Read Paralyzed Veterans of America's amicus brief Read a New York Times article describing the importance of the case Fighting Illegal Medicare Coverage DenialsParalyzed Veterans of America has joined a federal class action lawsuit to prevent the government from illegally denying Medicare health care coverage to patients with stabilized chronic disabilities. The lawsuit seeks to end the application of the Medicare “Improvement Standard,” a policy and practice that is actually contrary to Medicare law and regulations. Medicare law provides coverage for reasonable and necessary health care and services to diagnosis or treat of illness or injury. However, Medicare continues to use a fictional “Improvement Standard” to terminate, reduce or deny health care coverage on the grounds that the patient’s condition is stable, chronic, not improving, or that the services required are for maintenance only. However, under the law, improvement is not necessary to receive Medicare coverage. Skilled services, including maintenance programs, are often required to prevent further deterioration or to preserve current capabilities. New Agent Orange RegulationsVA has published recently published regulations that recognize Hairy Cell Leukemia and Other Chronic B Cell Leukemias, Parkinson’s Disease and Ischemic Heart Disease as related to Agent Orange exposure and therefore eligible for presumptive service connection. Vietnam Veterans and their survivors are urged to file claims immediately; contact your Service Officer for more information. These regulations were published in response to a court order in a case in which Paralyzed Veterans of America was the lead petitioner. New PTSD Regulations Announced On July 13, 2010, VA published regulations with the stated purpose of easing the burden of proof on non-combat veterans who have PTSD and are trying to prove that they should be service connected. These regulations apply to any claim pending on, or filed on or after, the publication date. Paralyzed Veterans of America applauds VA’s efforts to assist veterans in obtaining benefits to which they are entitled more quickly. However, Paralyzed Veterans is concerned that the regulations are too narrow in describing what medical evidence will prove a claim, so we are challenging that aspect of the new rules. The Federal Circuit heard arguments in this challenge on August 5, 2011. A decision is expected in three to six months. Read Paralyzed Veterans of America's brief challenging the regulation Read the Justice Department's brief Paralyzed Veterans Reply Brief The Veterans Legal Services Clinic, The Jerome N. Frank Legal Services Organization, of Yale Law School filed an amicus curiae (friend of the Court) brief with the Federal Circuit supporting PVA and the other petitioners, which include the National Organization of Veterans Advocates, Veterans of Modern Warfare, and National Veterans Legal Services Program. We expect the Federal Circuit to schedule this case for oral argument in late summer or early fall 2011. |
The Supreme Court decided Henderson v. Shinseki on March 1, 2011. In this important case, the Court of Appeals for Veterans Claims and the Federal Circuit had held that there can be no exceptions to the 120-day deadline for a veteran to appeal to the Court of Appeals for Veterans Claims. In its decision, the Supreme Court unanimously held the lower courts had misinterpreted the law. Paralyzed Veterans joined with AARP as amici in the case to bring issues important to disabled and older veterans to the Supreme Court's attention.
Paralyzed Veterans of America
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