[PDF] Recent Developments In Military And Veterans Law eBook

Author : Kyndra Miller Rotunda
Publisher : West Academic Publishing
Page : 0 pages
File Size : 43,27 MB
Release : 2011
Category : Armed Forces
ISBN : 9780314267436

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This comprehensive book is accessible to lawyers and students with military experience and those interested in representing military troops or veterans. It includes a chapter on establishing a military law clinic, including a sample forms, a sample syllabus, and general information about starting and maintaining a clinic. It also features substantive law sections on the military physical evaluation board proceedings, traumatic service group life insurance appeals, veterans' benefits appeals, appeals before discharge upgrade boards, the Feres doctrine, the Service Members Civil Relief Act, and others. It incorporates excerpts from relevant cases and a series of discussion questions and problems for each area of law.

Author : Margaret Kuzma
Publisher :
Page : 758 pages
File Size : 14,54 MB
Release : 2021
Category : Law
ISBN : 9781641058919

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"This Manual addresses a practice area of great importance to hundreds of thousands of individuals who have served in the United States armed forces, but are often denied the title of "veteran" and excluded from the benefits and services usually offered to veterans"--

Author : LexisNexis Editorial Staff
Publisher : LexisNexis
Page : 0 pages
File Size : 50,79 MB
Release : 2021-10-29
Category : Law
ISBN : 9781663324535

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This exhaustive manual is an indispensable guide for advocates who help veterans and their families obtain benefits from the Department of Veterans Affairs. User-friendly, well-indexed, and packed with practical information, it includes sample forms and briefs, flowcharts, checklists, citations to legal authorities, and other documents designed to streamline the claims process and save you and your veteran client valuable time. Written by practicing lawyers at the National Veterans Legal Services Program, this manual contains valuable insight and analysis from a team of experts on the front line of veterans law. Use their first-hand experience fighting for veterans' rights and their insider's view of the Department of Veterans Affairs to obtain the benefits your client earned. The Veterans Benefits Manual contains dozens of effective, battle-tested advocacy tips for veterans and advocates along with all the latest developments in veterans law. 2021-2022 Edition Editors: National Veterans Legal Services Program (NVLSP) Barton F. Stichman, Executive Director and co-founder of the National Veterans Legal Services Program Ronald B. Abrams, Special Counsel and Former Joint Executive Director of the National Veterans Legal Services Program Richard V. Spataro, Director of Training and Publications of the National Veterans Legal Services Program Stacy A. Tromble, Director of Court of Appeals for Veterans Claims Litigation of the National Veterans Legal Services Program The 2021-2022 edition of the Veterans Benefits Manual has been thoroughly updated with the important developments in veterans’ law over the past year. The most significant new information in the recent edition of the Manual has been about the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), which took effect on February 19, 2019. There is updated information in the 2021-2022 edition of the Manual about how the new modernized review system has been operating in practice. Most of that information appears in Chapters 12, 13, and 16. Highlights of the other updates include advocacy essentials such as: New advice for deciding which options to pursue to overcome BVA decisions denying legacy claims and claims subject to the new AMA system (Sections 14.1.1 and 14.1.2); Discussion of the recent changes to VA policies and procedures due to the COVID-19 pandemic (throughout Manual); A new section about how the BVA conducts virtual hearings (Section 13.4.3); New sections explaining why thousands of Vietnam veterans and their survivors are now entitled to millions of dollars in additional retroactive compensation for Agent Orange-related diseases (Sections 8.10, 8.11); Discussion of the VA's revisions to the disability rating schedule for musculoskeletal conditions (Section 5.2.9); A new section discussing the enhanced hearing procedures adopted by the Army Discharge Review Board and the thousands of Army veterans now entitled to have the Board reconsider their less than Honorable Discharges under more liberal review standards (Section 21.3.5); A new section about how military retirees become entitled to retroactive military retired pay as a direct result of a VA decision granting retroactive VA benefits (Section 8.12); Updated analysis of the rules governing entitlement to retroactive benefits based on service department records being added to the VA claims file after a final claim denial (Section 8.8.9); New guidance regarding entitlement to accrued benefits to reimburse individuals who bore the expense of a veteran's last illness or burial (Section 7.3.1.1.2); and Updates on eligibility for VA's Comprehensive Assistance for Family Caregivers and advocacy tips for those applying for monthly stipends (Section 10.13). Updated information about the duty to assist activities transferred from the Joint Services Records Research Center to the VA Records Research Center (Section 18.4); Advocacy tips for appealing BVA decisions that violate or improperly rely on provisions of the VA Adjudication Procedures Manual M21-1 (Section 14.5.9); Discussion of the recent case law on extraschedular disability ratings and schedular ratings for ankylosis of joints (Sections 5.3 and 5.2.1.6);

Author : Peter Sutherland
Publisher :
Page : 928 pages
File Size : 20,61 MB
Release : 2016
Category : Military pensions
ISBN : 9781760020460

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Ben Quilty Troy Park, after Afghanistan 2012 Oil on linen 190 x 140 cm Australian War Memorial, Canberra Collection of the artist � Ben Quilty______________________________________This is the only book devoted to the law on veterans' entitlements and military compensation in Australia. The book comprehensively annotates the Veterans' Entitlements Act 1986 (VEA) and, in this third edition, for the first time annotates the new unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA).The third edition covers all of the recent major reports into the veterans' law and military compensation system and includes annotations of all relevant High Court, Federal Court and Administrative Appeals Tribunal decisions on the two Acts. The book is an invaluable reference for all those assisting veterans to obtain their entitlements to the pensions and benefits available to those who have served their country - be they ex-service organisations, tribunal members, legal practitioners or Departmental officials.Highlights of the third edition include:a new section of the book discussing the cases on the application of Statements of Principles under the two Acts;comprehensive annotations of complex issues under the VEA, including qualifying service, special rate of pension, GARP, allowances, standards of proof and review of decisions;annotations and commentary on issues under the MRCA, including liability for compensation, incapacity, permanent impairment, death benefits, and transitional arrangements for previous schemes;the interaction between the VEA and the MRCA; andappendices which include an amendment history of the VEA and of the MRCA, an index of MRCA legislative instruments, discussion of defence honours and awards, and war grave eligibility.

Author : Paul Taylor
Publisher : Springer Nature
Page : 152 pages
File Size : 48,25 MB
Release : 2019-11-17
Category : Psychology
ISBN : 3030308294

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This edited book presents a synthesis of current international knowledge on the topic of military veteran transition to civilian life. Understanding the transition of individuals from military institutions to civilian life is of great importance. The essential elements of transition support are currently widely debated in order to assess current practice and potential shortcomings in the intention to improve health, welfare and social outcomes for military veterans. This text links original research and critical commentary to public policy and practice in the area of veteran transition. Doing so through a collection of international perspectives assists in locating continuity and difference between strategies, agendas and the realities of what is actually known of the veteran’s experience. Chapters in this text examine the subject of transition along lines of enquiry that focus in on themes such as social justice, veteran identity and developments in transition agendas. Globally, many veterans face complex social issues such as low income, barriers to employment, and problems of health and welfare. Chapters take stock of the real-world issues affecting veterans and at the same time casts a critical eye over the limitations in accessing, or denial of access to opportunities, support and remedy. The veteran identity is an important dimension of enquiry here. This book looks at the relational factors between the veteran and the public, the creation of a master status and the challenges faced by veterans in transitioning into a cultural context that is saturated with imagery of what a veteran ‘is’. Chapters also seek to pose recommendations as to how the policy and practice agenda that surrounds veterans and the bridging of the gap between military and civilian life may be developed. Here authors point towards the value of knowledge, research and analysis that is underpinned by participatory strategies with veterans themselves. For example, seeking to establish lines of enquiry that value the voice of veterans as an ongoing and iterative dimension of developing understanding.

Author : Anne S. Douds
Publisher : Routledge
Page : 144 pages
File Size : 47,53 MB
Release : 2018-12-07
Category : Social Science
ISBN : 0429686218

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Veterans Treatment Courts provides a comprehensive, empirical analysis of the burgeoning veterans court movement from genesis through operation, concluding with comments on its societal relevance. Beginning with the unlikely convergence of therapeutic jurisprudence with the oft-misunderstood warrior ethos that undergirds the entire movement, the text examines every component of veterans courts, weighing the cultural, legal, and practical strengths and limitations of these programs. Each chapter assesses key components of the court, including the participants, law enforcement, judges, prosecution, defense counsel, court administration, data management, the veterans justice outreach officer (VJO), probation, mentors, and the community. The book concludes with recommendations on how these courts can further integrate with communities, maximize efficiency, and improve. The book shows how veterans courts seek to serve veterans’ legal, social, and psychological needs, and how they serve more than just offending veterans by allowing law-abiding veterans, many of whom suffered greatly when they transitioned out of military service, to exorcise their own demons and integrate their experiences into a socially recognized system of care. Incorporating program evaluation with sociological considerations, this monograph offers a comprehensive, considered examination of how—and why—these courts operate, and provides a foundation for future development. The volume provides essential background for scholars studying law and the criminal courts, as well as policymakers, judges, academics, students, and practitioners concerned with effective jurisprudence.