Helping Edgewood Veterans In Getting the Disability Benefits They Deserve
Your Trusted Partner in Helping You Obtain The Veterans Benefits you Deserve
Your Trusted Partner in Helping You Obtain The Veterans Benefits you Deserve
Between 1948 and 1975, the United States Army Chemical Corps conducted experimental medical testing on "volunteer" veterans. These veterans were exposed to all sorts of mental and physical experiments, which included the exposure and administration of various chemicals and psychotropic medications. As a result of participation in these experiments, these volunteer veterans suffered lifetime physical and mental disabilities.
When these veterans agreed to participate in the testing program, they were required to signed a secrecy agreement which prohibited them from disclosing their participation in the program or discussing the program under penalty of imprisonment. In 2003 a partial release from that agreement was provided by the VA, and a full release was made in 2007.
In 2007, Bruce Taylor, an Edgewood Arsenal test participant, filed a claim for disability benefits with the VA, requesting an earlier effective date to the day after he was discharged from the service. The VA denied his claim. Mr. Taylor retained Mark B. Jones to represent him in the appeal of this claim. Mark B. Jones argued to case before the United States Court Of Appeals for Veteran's Claims in 2019, in Washington DC. The Court denied the Claim in a 2 to 1 decision, which Mr. Taylor and Mark B. Jones appealed.
On June 15, 2023, the United States Court Of Appeals for the Federal Circuit, the Court directly below the US Supreme Court, awarded Mr. Taylor benefits for his Edgewood Arsenal related disabilities effective to the day after he was discharged from the Army.
Since that time, Mark B. Jones has represented other Edgewood Arsenal participants and obtained hundreds of thousands of dollars in benefits for these Edgewood veterans.
If you would like to file a claim for disability benefits stemming from your participation in the Edgewood Arsenal project, Mark B. Jones would love to talk to you about your claim. Talking with Mark is free, and you can decide after talking with him if you want help in filing your claim.
See the recent article on Stars and Stripes by clicking below.
https://cafc.uscourts.gov/opinions-orders/19-2211.OPINION.6-15-2023_2143076.pdf
https://en.wikipedia.org/wiki/Edgewood_Arsenal_human_experiments
If you have any questions or concerns, please do not hesitate to contact us. We are always happy to help!
Please reach us at thessaguy@hotmail.com if you cannot find an answer to your question.
In 2019, Mark B. Jones argued the Taylor case at the United States Court of Veterans Appeals. Mark lost in a 1-3 Decision, but helped appeal the case to the United States Court of Appeals for the Federal Circuit. The Court issued a decision June 15, 2023, which provided a way for Edgewood Veterans to file claims for an earlier effective date.
The VA has stated in various filings with the courts that "Edgewood Claimants should continue to pursue their claims for benefits through VA's establish procedures for the benefits to which they may be entitled, to include entitlement to an earlier effective date for an award of service connection. As Taylor is binding precedent, VA will continue to apply Taylor in its review and adjudication of claims for service connection filed by claimants who participated in the Edgewood program. Disputes over specific effective dates will be resolved through the traditional adjudication and appeals process"
Mark believes this is not true. At least two veterans have received decisions stating "At this time, there has been no law change within the VA regulations or policy guidance regarding security clearance that allows for an earlier effective date based on the Court decision of Taylor v. McDonough dated June 15, 2023. Our office is bound by the regulations of 38 CFR 3.400: Except as otherwise provided, the effective date of an evaluation an award of pension, compensation, or dependency and indemnity compensation based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose, whichever is later. For effective date provisions regarding revision of a decision based on a supplemental claim or higher level review, see § 3.2500.”
Mark has been successful in obtaining past due benefits for his Edgewood veteran clients effective to the day after their discharge, resulting in payment of hundreds of thousands of dollars of past due benefits being awarded to the veteran.
Mark uses the standard VA fee agreement language, which is 20% of the past due benefits awarded the veteran.
Mark believes the answer is yes. Mark has not yet represented an Edgewood widow, but is looking forward to an opportunity to do so.
Mark B. Jones is an Idaho native. Mark was a Patrol Sergeant for the local sheriffs office while he attended Gonzaga Law school.
Mark is a solo practitioner, admitted to the United States Court of Appeals for Veterans Claims and the United States Court of Appeals for the Federal Circuit.
Mark has an amazing assistant, Missy. Missy works closely with clients to make sure their questions are answered. Don't be surprised if you hear a bark in the background, as one or more office dogs may be helping out when you call.
We know that Edgewood Veterans couldn't talk to anyone about their experiences due to the threat of imprisonment if they did. Over 50 years have now past, and our clients are now in their 70's or 80's. They need their claims adjudicated NOW.
Please send us a message or call us for an appointment.
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