A former U.S. Air Force reservist was awarded $580,433 in U.S. Department of Veterans Affairs (VA) benefits after nearly 15 years of claims and appeals. Led by Eric Gang, founder of veteran benefits law firm Gang & Associates, the case helps clarify how full-time status is determined for reservists and creates a more straightforward path for reserve veterans to obtain benefits.
HACKETTSTOWN, N.J., Dec. 28, 2024 /PRNewswire-PRWeb/ -- A former U.S. Air Force reservist was awarded $580,433 in U.S. Department of Veterans Affairs (VA) benefits after nearly 15 years of claims and appeals. Led by Eric Gang, founder of veteran benefits law firm Gang & Associates, the case helps clarify how full-time status is determined for reservists and creates a more straightforward path for reserve veterans to obtain benefits.
The veteran, name omitted for confidentiality, began pursuing benefits in 2009. Still, their claim was repeatedly denied based on a determination that they were not in active duty status when their medical condition manifested. Further, the Board of Veterans' Appeals took issue with the veteran's route for their authorized travel to and from duty. Gang & Associates began handling the case in 2018 and appealed three times, including twice to the U.S. Court of Appeals for Veterans Claims (CAVC), over questions of full-time service for reserves. The appeal was decided in the client's favor in Sept. 2024.
"We are immensely proud of the result in this case and gratified that our client received over half a million dollars, but a hardworking veteran had to spend more than a decade of their life fighting and waiting for that outcome," said Gang. "Our hope is that other reservists won't have to go through the same difficult process to get the benefits they are entitled to."
This is one of many appeals Gang & Associates handled in 2024. The firm's previous significant appeals include Patricio v. Shulkin, which established the definition of marriage for veterans, and Taylor v. McDonald, which clarified whether an Agent Orange presumption applies to veterans who served in the Korean DMZ.
Legal Background
The case involved two key issues: how "full-time duty in the Armed Forces performed by reserves for training purposes" is defined, and what "authorized travel to or from such duty" means. Reserves are not subject to the same rules that determine full-time status for active military members, creating a gray area that can make it more challenging for reservists to pursue VA benefits.
In its appeal, the firm referenced United States v. Cline, a decision that determined a reserve member is on duty one minute past midnight on the day they are ordered to appear for training and, therefore, subject to the terms of the Uniform Code of Military Justice (UCMJ). Gang & Associates argued it was inconsistent that the appellant was considered to have been on active duty for the purpose of imposing discipline but not considered to have been on active duty by the VA to award benefits.
Additionally, the firm challenged the Board of Veterans' Appeals determination that the appellant did not follow the correct route while traveling on a day of authorized travel. Gang argued that the appellant's Advance Order to report for training did not include a specific route they were required to follow or note any off-limit destinations. Gang & Associates proved the basis of the Board's decision was questionable at best and set a positive precedent for reserve members across the country.
About Gang & Associates: Founded by attorney Eric Gang, Gang & Associates, LLC is an accomplished team of legal advocates fiercely and exclusively dedicated to representing U.S. military veterans nationwide and abroad. The firm has helped thousands of veterans and their dependents win challenging cases in VA Regional Offices, the Board of Veterans' Appeals, and the U.S. Court of Appeals for Veterans Claims. Headquartered in New Jersey, Gang & Associates has satellite offices in Washington, DC, San Juan, PR, Austin, TX, and Chattanooga, TN.
About Eric Gang: Eric Gang is an award-winning lawyer with a national law practice focused on appeals on behalf of U.S. veterans wrongly denied disability benefits. He has litigated more than 1,000 appeals at the U.S. Court of Appeals for Veterans Claims and recovered millions of dollars on behalf of disabled veterans. His book, "Betrayal of Valor: An Exposé of a Horribly Flawed Veteran's Administration," was published by Sutton Hart Press in the Fall of 2022.
Media Contact
Maggie Jessup, Platform Strategy, 3605210437, [email protected], www.elitelawyermanagement.com
SOURCE Gang & Associates, LLC
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