Disability solutions for you and your family

Scuttlebutt Radio Show!

| Aug 23, 2011 | Veterans Disability Benefits |

Iwill be appearing tonight on the Scuttlebutt radio show on FM Talk 106.5 FM here in Mobile at 8:15pm. If you are not in Mobile, please listen over http://www.fmtalk1065.com/.

Tonight we will discuss the following issues:

1. Whether failing to file a new application for compensation for the three new presumptive Agent Orange diseases (Hairy Cell Leukemia and Other Chronic B-Cell Leukemia, Parkinson’s Disease, and Ischemic Heart Disease) prohibits a veteran, or his dependent, from receiving 12 months of retro-active benefits after 8/31/11. My answer is no, although benefits on a new application -as compared to a re-opened application possibly subject to a Nehmer effective date- filed after 8/31/10 will be limited to the 12 months prior to the date of the new application, provided the presumptive condition was manifested before 8/31/10. 38 CFR §3.114.

2. When, where, and how to file a DIC widow or widower’s application. The surviving spouse should file within 12 months of the veteran’s death at their Regional Office using VA Form 21-534. I will discuss why the retro-active benefits provisions of 38 CFR §3.114 can benefit surviving spouses of veteran’s whose death are caused by presumptive Agent Orange diseases.

3. How we, as a community, can get the VA to extend the time period beyond December 31, 2011 for manifestation of a chronic disability due to undiagnosed illness by Persian Gulf Veteran. 38 CFR §3.317. I will encourage everyone to write letters to their Congressman and Senators asking for immediate Congressional action in support of a extension and also send a letter to Secretary Shinseki asking him to extend the date. His address is:

The Honorable Eric K. ShinsekiU.S. Department of Veterans Affairs810 Vermont Avenue, NW Washington, DC 20420

4. A brief update on Veterans for Common Sense v. Shinseki. VA has filed a motion asking for a full court hearing. No word yet on whether the motion has been granted or denied.

Please listen tonight!

Archives

Client Testimonials

testimonial-bg
Mr. Gardberg – I am forever in your debt. I will never be able to tell you how much I appreciate what you have done for me. I praise you and your firm for all they did to help me in my disability case. Thanks for being so kind.

– L. Nelson

Saying thank you is easy, but you will never know how you impacted my life by helping me with me Social Security disability case. This thank you comes right from the heart.

– R. Turner

Thank you, thank you , thank you to all of the angels in the law firm at Gardberg and Kemmerly. I sincerely hope you know how much you did to make my life better.

– D. Thompson