Veterans Benefits Attorney

Veterans Benefits Attorney STEVE PENNINGTON is a Navy veteran who represents veterans that have been denied disability benefits Mr. Pennington is an accredited VA attorney.

STEVE PENNINGTON is a Navy veteran who represents veterans that have been denied disability benefits caused by an injury or disease incurred during military service. This includes appeals to the VA Regional Office, Board of Veterans Appeals and the Circuit Court of Appeals for Veterans Claims.

04/10/2020

VA APPEALS

The legacy appeals system applies to claims, requests to reopen a previously adjudicated claim, or request for revision based upon clear and unmistakable error before the Appeals Modernization Act (AMA) went into effect on February 19, 2019, unless you elected to opt-in to: the Rapid Appeals Modernization Pilot Program (RAMP); the new system after receiving a SOC or SSOC; the new system by filing a supplemental claim within one year of the RO decision.

If you want to appeal a claim under the legacy system the process starts with filing a notice of disagreement (NOD) within one year of the date of mailing. It’s important to do this using form 21-0958. You have the option of for review by a Decision Review Officer (DRO). If the DRO does not grant all of the requested benefits, the VA will issue a SOC. You must then file an appeal to the Board of Veterans’ Appeals within 60 days of the date of the cover letter accompanying the SOC. This is a lengthy process and it can take the BVA years to make a decision.

Keep in mind that this is a general overview. It’s not legal advice. Contact me with any questions you may have.

04/09/2020

The number of military installations with known contamination or suspected discharges of per- and polyfluoroalkyl substances, or PFAS, continues to rise, according to an environmental advocacy group keeping tally based on information obtained from the Defense Department.

According to a report released Thursday by the Washington, D.C.-based Environmental Working Group (EWG), 678 installations are either contaminated or had suspect discharges of PFAS compounds used in firefighting foams.

03/31/2020

VA expands virtual services to support Veterans amid regional office closures due to COVID-19 pandemic.

WASHINGTON – Veterans continue to receive benefits and services after the U.S. Department of Veterans Affairs’ (VA) Veterans Benefits Administration (VBA) temporarily closed its 56 regional offices to the public, March 19, in response to COVID-19.
“The decision to close our offices to the general public, is part of the VA’s effort to limit exposure to vulnerable populations like our older Veterans and those with underlying medical conditions, as identified by the Centers for Disease Control and Prevention,” said VA Secretary Robert Wilkie. “VA is expanding existing technologies to remain accessible to Veterans, service members and their families.”
Many in-person services are already available via the phone or online through virtual options like VA Video Connect. VBA has and continues to adjust to ensure the safety and well-being of its clients and staff. The changes include:
Uninterrupted GI Bill payments so students continue to receive their benefits unaffected by any change from in-person to online learning.
Supporting students for educational counseling through online and telephone services.
Connecting Veterans to Vocational Rehabilitation and Employment Services through teleconferencing; providing case management and general counseling virtually through VA Video Connect.
Informal conference hearings by telephone or video conferencing when needed.
Collecting information to process fiduciary claims by telephone. When necessary other accommodations will be arranged.
Collecting information remotely via phone or teleconference when possible, to process grant requests for special adaptive housing.
Conducting examinations for disability benefits using tele-compensation and pension or “tele-C&P” exams. If an in-person examination is required, Veterans will be notified for scheduling.
Effective March 30, VA will discontinue VA benefit briefings and services on military installations for transitioning service members and their families through the interagency Transition Assistance Program (TAP) until further notice. However, VA will provide virtual briefings and individualized counseling for transitioning service members where possible. Service members who have not received these briefings, as required by TAP, may access the Joint Knowledge Online (JKO) platform and register for “TGPS-US006: VA Benefits and Services.”
Veterans with specific questions can call 1-800-827-1000 or go www.ebenefits.va.gov for additional details. Veterans can continue to get information about benefits, file a claim online or can call for claim-specific questions.

03/31/2020

Board of Veterans’ Appeals Response to COVID-19

The Board of Veterans’ Appeals (Board) is making changes to keep Veterans safe from exposure to COVID-19 while continuing its mission of providing hearings and deciding appeals.

The Board temporarily suspended all in-person (travel board, video and Central Office) hearings. Virtual hearings remain available. The Board continues to assess the situation in partnership with Veterans Service Organizations and representatives and will resume in-person hearings as soon as possible.

We ask Veterans to work with their representatives to elect a virtual hearing or to reschedule hearings. Veterans who prefer to wait for travel board, video or central office hearings to resume will receive top priority in hearing rescheduling.

The Board will Advance on Docket (AOD) appeals for Veterans who have been diagnosed with COVID-19.

During this National emergency, the Board will now accept typed signatures on AMA Notices of Disagreement (NOD)VA Form 10182, in lieu of a wet signature.

VA’s current regulations provide flexibility for veterans to meet existing timelines by requesting to extend the filing periods of certain documents for good cause. The Board understands that the current situation may create challenges for Veterans/appellants in meeting some deadlines, therefore the Board may consider requests for good cause to: submit notices of disagreement (38 CFR 20.203(c)) and to submit substantive appeals (38 CFR 19.53) in individual cases. Veterans/appellants will need to request extensions in writing.

03/31/2020

Part 1. BVA Jurisdiction

The BVA’s jurisdiction covers claims for entitlement to service-connected disability compensation, dependency and indemnity compensation for service-connected death, non-service-connected pension benefits, vocational rehabilitation, and educational benefits under the Montgomery GI Bill. The BVA may also rule on VHA determinations regarding reimbursement for non-VA medical expenses and eligibility for hospitalization or outpatient treatment, and nursing home or domiciliary care.

Next, appeals on claims subject to the Legacy System.

03/30/2020

Board of Veterans’ Appeals (BVA)

Over the next few days, I will provide an overview of VA claims that may be appealed to the BVA and the review options under the Appeals Improvement Modernization Act of 2017 (AMA) and the older Legacy system. This will also include the process at the BVA for both types of appeals. Stay tuned.

03/26/2020

2021 Federal Budget Update.

Blue Water Navy (BWN): $137 million to continue implementing the Blue Water Navy Vietnam Veterans Act of 2019 (BWN) by ensuring sufficient staff are hired to support claims processing, handle call center activity, and conduct quality reviews. In FY 2021, VA expects to receive an estimated 70,000 BWN claims and appeals. VA has received more than14,000 BWN claims — since Jan. 7 — and has already issued $7.5 million in retroactive benefit payments to 218 BWN Veterans and survivors.

03/26/2020

New update on appeals.

Veterans Benefits Administration (VBA) COVID-19 Updates Updated March 25, 2020
VBA is committed to ensuring the health and safety of employees and visitors during the unique circumstances of the global COVID-19 impact, while also maintaining operations. VBA benefits and services provided to Veterans, families, and survivors will continue to be delivered for the duration of the COVID-19 impacts. Effects of COVID-19 vary by geographical location. Regional Offices (RO) are following the guidelines set forth by the Office of Management and Budget, the Office of Personnel Management, and other federal guidance, and may utilize telework flexibilities as a result. ROs are authorized to maximize telework. Additionally, RO Directors are working closely with their state and local government to ensure we continue to provide Veteran benefits and services, in addition to maintaining workforce readiness.
VBA Performance
Monthly benefit payments will continue uninterrupted. VBA continues to exceed output targets as we move toward achieving our . Last week, Veterans filing claims for Education benefits continued to receive decisions on original claims in 15 days and on supplemental claims in under seven days, well below target levels of 28 days for original claims and 14 days for supplemental claims. Nearly 100 percent of Veterans seeking a loan guaranty certificate of eligibility received it within the goal of 5 days, and approximately 90 percent were delivered within one day. Call Centers are exceeding targets for service delivery—last week, Veterans needing to discuss their claims or benefits with a call center agent waited an average of one minute to speak to an agent, with 88 percent of callers reaching an agent within our target of two minutes. Vocational Rehabilitation Counselors continue to reach newly eligible Veterans and grow program participation, exceeding growth rate targets.
RO Operations
VBA is maintaining all phases of full business operations as we are maximizing telework. All ROs were closed to the public on March 19, 2020. ROs may close due to stay-at-home guidance issued by governors or mayor; however, full business operations remain.
How We Work with Veterans
VBA is maximizing its use of alternatives to in-person appointments including the use of phone and video capabilities. Veterans can continue to get information about benefits or file a claim for benefits by visiting our website at www.va.gov. Veterans with claims specific or other questions may request information via Inquiry Routing & Information System (IRIS) at https://iris.custhelp.va.gov/ or telephone at 1-800-827-1000.
Vocational Rehabilitation and Employment (VR&E)
ROs will provide alternative methods to conduct the orientation to Veterans and claimants. Tele-counseling is being provided as the recommended method for conducting initial evaluations, case management appointments to include job placement assistance, and Chapter 36 counseling.

Fiduciary Field Examinations
Field examiners are conducting interviews over the phone or over video conferencing with face-to-face interviews conducted in emergent situations only.
Disability Examinations
There are instances when claimants are asking to cancel or postpone scheduling their examination appointments because of social distancing practices. VA will not deny a claim solely for a failure to report for an exam at this time realizing it could elongate the time to process a claim. Claims processors are also identifying claims where the record contains sufficient medical evidence necessary to render a decision or use the Acceptable Clinical Evidence (ACE) process.
As of March 22, VBA contract vendors have reported a cumulative total of 12,580 unique Veterans whose contract examinations have been impacted by the pandemic (1,416 overseas and 11,164 domestic).
Medical Disability Examination contract vendors have received initial and very recent refresher training on the Acceptable Clinical Evidence (ACE) process. The ACE process involves C&P clinicians completing Disability Benefit Questionnaires (DBQs) examinations using the medical evidence currently in existence in a Veteran’s claims file or medical records, supplemented by a telephone interview with the Veteran if necessary, instead of requiring some Veterans to be examined in-person.
VBA has also completed training with the MDE contract vendors so they may identify which DBQs may be appropriately completed through a teleC&P-exam.
VBA has discontinued the use of public facing Disability Benefits Questionnaires (DBQs). Originally, public facing DBQs were designed to assist Veterans living overseas to obtain medical evidence in support of their benefit claims where limited options were available. Today, VA works with contracted providers in more than 30 foreign countries to conduct disability medical examinations.
Military Service Coordinators
Military Service Coordinators (MSCs) will perform work through telephone interviews to minimize face-to-face exposure. All eight Overseas MSCs were brought back to the states and are symptom-free but are in self-quarantine. Overseas MSC are conducting operations virtually in coordination and collaboration with the Department of Defense.
We encourage all Veterans, survivors, and dependents to work with an accredited organization for assistance in completing claims for VA benefits. A list of accredited organizations can be found on the Office of General Counsel site at this link: Search the VA Office of the General Counsel’s list.

Education Benefits
VBA will continue to pay benefits regardless of the fact that the program has changed from resident training to online training. Students will continue to receive the same monthly housing allowance payments that they received for resident training until December 21, 2020, or until the school resumes normal operations of resident training. There are no changes to current policy if a student goes from full-time to part-time; housing allowance will be reduced accordingly.
Loan Guaranty Benefits
VBA will continue to process new Specially Adapted Housing (SAH) grant requests and active grant projects as normal, except replacing face-to-face engagements with virtual processes. When virtual processes are not possible, VBA will work with available resources to keep the grant moving forward with minimal disruption.
Outreach
ROs are conducting outreach virtually when possible including the use of radio shows and video teleconferencing. If a RO is capable of conducting telebenefits, it will be annotated on the VA facility’s website.
VA Transition Assistance Program (VA TAP)
Effective March 30, 2020, VA will no longer provide any in-person delivery of TAP events or on-site activities.
All VA Benefits and Services courses will be available through Joint Knowledge Online (JKO). In addition to the VA Benefits and Services course, VA Military Life Cycle (MLC) modules are also available on the JKO platform . Requests for one-on-one Servicemember support should be routed through TAP Managers, who can contact their VA TAP Regional Transition Liaison.

03/25/2020

During the period of COVID-19 and social distancing, VBA has implemented multiple processes to allow submission of claims or other forms without a wet signature from the Veteran or claimant.

For Compensation and Pension Claims and Appeals:
VA no longer requires wet signatures on disability compensation and pension or claims, forms, or applications. Per M21-1 Part III, subpart ii.1.C.2.g, VA accepts an electronic or digital signature or other image of a signature on a claim, decision review request, or legacy appeal for benefits, or associated form, unless there are clear indications of fraud, or inauthenticity of the signature. Additionally, an accredited power of attorney may submit a form or application on a Veteran’s behalf with the exception of original applications and forms requiring claimant certification (See M21-1, Part I, Chapter 3.A.4.b). Veterans also have the benefit of submitting certain claims electronically through eBenefits and va.gov.

In light of the COVID-19 and social distancing, we do not see a need for VBA to update its signature policy specific to programs we oversee. VA will continue to accept all disability and pension claims, evidence, and forms with any signature that is in accordance with its current claims processing procedures.

VA defines a digital signature as “an encrypted digital code appended to an electronic document to verify that the document was created by a known source and has not been altered.” An electronic signature is defined as “a signature, or its equivalent, that is affixed to an electronic document.”

VBA already provides numerous avenues to accept claims that do not require Veterans to come into a VA regional office or sign with a wet signature. We are working to increase awareness of these methods among Veterans.
Veterans can start the claims process while practicing social distancing through several methods. They may:
• file a claim online at https://www.va.gov/disability/how-to-file-claim/ or https://www.ebenefits.va.gov/
• fax a claim to VA’s Centralized Mail hub at (844) 531-7818
• submit completed applications by paper mail
• •
Prepared March 24, 2020 Veterans Benefits Administration
For individuals who need more assistance, VBA offers robust resources through theNational Call Center (NCC) at 1-800-827-1000. Services include:For Veterans without a computer or fax machine, they can request a hard copyform be mailed to them.
NCC representatives can assist Veterans with questions about the claimsprocess and returning the form.

03/22/2020

VA ALERT

Hearings before the Board of Veterans’ Appeals (BVA) and the Court of Appeals for Veterans’ Appeals (CAVC) have been canceled and will be rescheduled in the future. Contact your VA Regional Office (VARO) regarding scheduled C&P exams. It is also important to contact your VARO if you have any questions about VA deadlines for providing documents, medical records, etc.

If you plan to appeal a VA decision, make sure that it is filed within the time limit referred to in your decision.

01/27/2020

ALERT TO VETERANS EXPOSED TO AGENT ORANGE

The VA has released an updated DOD list identifying Agent Orange sites outside of Vietnam. The list can be found on the U.S. Department of Veterans Affairs website.

Veterans who were exposed to Agent Orange or other herbicides during service may be eligible for a variety of VA benefits, including an Agent Orange Registry health exam, health care, and disability compensation for diseases associated with exposure. Their dependents and survivors also may be eligible for benefits.

Please don't hesitate to contact me with any questions.

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Jenkintown, PA
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(267) 615-6893

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