VA Medical Centers provide care to more patients than any other single provider in the United States. Due to the large number of physicians and medical specialists employed by the VA, the VA sometimes fails to obtain a patient’s informed consent prior to performing a proposed medical procedure. Continue reading “Informed Consent: Did Your VA Medical Provider Warn You of the Risks?”
Tag: New Orleans VA
Federal Circuit Rules That Pain Alone Can Constitute a Disability
In Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018), the U.S. Court of Appeals for the Federal Circuit overturned prior precedent holding that pain alone (without an identifiable condition) does not constitute a disability upon which service connection may be granted. Continue reading “Federal Circuit Rules That Pain Alone Can Constitute a Disability”
Don’t Let a Faulty VA Exam Sink Your Claim
It is not uncommon for a VA disability claim to be awarded five, ten, or even twenty years after it is originally filed. It’s no secret– VA claims often take a very long time. However, so long as the “claim stream” is kept alive by meeting all time deadlines for filings and appeals, upon service-connection, a Veteran will receive a back benefits award equaling the monthly payments owed since the time they first filed for benefits. Continue reading “Don’t Let a Faulty VA Exam Sink Your Claim”
Katrina Still Affects LA Veterans’ TBI Claims
From 2007 to 2015, nationwide, the VA performed thousands of TBI examinations with examiners lacking proper qualifications. As Louisiana Veterans know, in the years following Hurricane Katrina, VA regional offices and medical centers in metro New Orleans lacked infrastructure, paper files, computer systems, civil servants and medical staff. Continue reading “Katrina Still Affects LA Veterans’ TBI Claims”
Veterans Tip: Protect Your Earliest Effective Date
You may or may not have an attorney representing you before the VA. If you are unrepresented, the greatest obstacle you face is preserving the earliest effective date possible for your claim for service connection. An earlier effective date can translate into a Veteran being awarded years, or sometimes even decades, of back benefits. Continue reading “Veterans Tip: Protect Your Earliest Effective Date”
VA Medical Malpractice: 1151 Claims
When VA medical providers commit malpractice and seriously injure a Veteran, Section 1151 provides benefits to compensate the Veteran. There are two theories that may be asserted. Continue reading “VA Medical Malpractice: 1151 Claims”
Veterans Tip: Set Your Medical Records Straight
On occasion, VA physicians and medical staff make mistakes when drafting their notes. Veterans have the right to request amendments to any information in their health record. Continue reading “Veterans Tip: Set Your Medical Records Straight”