Having Problems Viewing This Email? Click Here To View As Webpage

Just a reminder that you're receiving this email because you have registered for a LAWDOX web conference or you have expressed an interest in Veterans Law. Don't forget to add m@mmarkovich.com to your address book so we'll be sure to land in your inbox!

Triple M Communications, Inc.

Veterans Law Bulletin

January 2024

Class Action Suit Against

Veterans Guardian Company

A LawDox ListServ Member first brought this to my attention. I am passing the information along to you, in the event that this company tries to solicit your services as an accredited Veterans Representative.

The ListServ member said she was approached by a company that wanted her to to take 400 claims on a contingency basis and requested my advice.

My advice was:

1. Appeals are always on a contingency basis. If they wanted you to act as co-counsel, the Veteran has to agree by signing a Fee Agreement and naming you on VA Form 21-22a.

2. We can never agree to accept a fee for filing applications, unless we are a "disinterested party", who has no interest in the outcome of the claim. Obviously, filing an application on a contingency basis means you have an interest in the outcome of the claim.

This is the federal government we are dealing with, so beware!

The next day, the LawDox ListServ member sent a newspaper article to me about a class action suit against the company.

Some attorneys and claims agents have contacted their local repsentatives for a Congressional Inquiry into why federal laws to protect our Veterans are not strictly enforced.

Please click on the button below to read the report about the unaccredited company that the class action suit alleges to have bilked thousands of Veterans and is now reported to be soliciting accredited agents and attorneys to now attempt to add credibility to their company.

Class Action Against Veterans Guardian

Veterans Must Apply By February 24, 2024 for Reimbursement

ALERT: For Post-2010 Emergency Medical Reimbursement, Veterans Must Apply By February 22, 2024

If a Veteran received emergency care between February 1, 2010, and November 23, 2022, and had non-VA health insurance, may file a reimbursement claim until February 22, 2024.

This even applies to Veterans who were denied reimbursement or did not apply for reimbursement in the past.

To file a reimbursement claim, a Veteran must complete and sign VA Form 10-583 and mail or deliver it to the nearest VA medical facility.

You can get a copy of VA Form 10-583 at

www.va.gov/communitycare/programs/Veterans/file-a-claim.asp or

https://www.va.gov/resources/reimbursement-of-non-va-prescriptions-or-medical-expenses/

The VA has made clear that it will not decide whether the Veteran is entitled to reimbursement unless the Veteran files a reimbursement claim on or before February 22, 2024.

Regional Office Hearings

A claimant is entitled to a hearing on any issue involved in a claim before the Department of Veterans Affairs (VA) issues notice of a decision on an initial or supplemental claim; this includes a hearing in connection with proposed adverse actions.

A hearing is not available in connection with a request for higher-level review.

VA regional office (RO) hearings can be pre-determination or post-determination.

Pre-determination or pre-decisional RO hearings are on matters related to an adjudicative issue that is pending an initial or supplemental claim decision.
Post-determination or post-decisional RO hearings are on matters related to an adjudicated issue such as a
legacy appeal, or
proposed reduction or termination when the claimant or beneficiary requested a pre-decisional hearing, but the hearing request was not timely.

For a full explanation, please review the “Changes in the Adjudication Manual” section in this Bulletin, M21-1, Part X, Subpart v, Chapter 1, Section D - Regional Office (RO) Hearings

NARA Finally Removed Veterans Backlog

Veterans and their families should have an easier time accessing military service records, now that the National Archives and Records Administration has eliminated a pandemic-era backlog of requests.

The agency has announced that it finally cleared its years-long backlog of Veteran records requests.

The backlog at NARA’s National Personnel Records Center (NPRC) in St. Louis, Missouri peaked at more than 600,000 unprocessed requests at the height of the COVID-19 pandemic.

ALS Research for Veterans

Veterans with ALS,are likely to be entitled to a 100% disability rating and compensation from the VA, as long as the Claimant has 90 continuous days of active duty.

For unknown reasons, veterans who have served in the United States Armed Forces are more likely to be diagnosed with ALS than people who did not serve in the military.

A new clinical research trial at Michael E. DeBakey VA in Houston, TX is offering Veterans with ALS hope for the future.

M21-1 Adjudication Manual

Compensation, Pension & Survivor Changes

The M21-1 Adjudication Procedures Manual is the VA's step-by-step guide for Claims Examiners to help with processing claims and appeals.

NEWTHIS MONTH FOR YOU

Each change is now dated for your easier reference

Every change in the Adjudication Manual now contains a hyperlink that will take you directly to the section you need.

PLEASE NOTE: This is a complete update of all monthly changes, as of the date of the newsletter.

Tools for Your Limitless Professional and Personal Growth

COMING TO YOU EVERY WEDNESDAY!

In a separate email, you will receive your business of law information with the subject line "LawDox Blog."

LawDox

Raleigh, North Carolina

info@lawdox.com

Share This Email