Drone Operators’ Mental Illness

By Jim Fausone
Veterans Disability Lawyer

After hearing from thousands of veterans, I know that the stress of military life and war impact every veteran.

Over the next decade, I can only imagine the disability claims that will be submitted by drone operators. It is probably predictable that the VA will deny these claims because the service members were not in combat. However, the DOD's own research acknowledges the stress placed on the men and women who operate drones. About one in three airmen who operate cameras on high-altitude, remotely controlled spy planes and 30% of those who fly attack drones used to kill terrorists have emotional exhaustion. An Air Force psychologist conducted a six-month study of drone operators from 2010 to 2011. Researchers found clinical distress and mental illnesses such as anxiety or depression. Sixty-five percent to 70% of those with mental illness signs are not seeking treatment for it, researchers found. Nearly 900 Air Force personnel were surveyed. Seventeen percent are women and 60% married. When they were first asked broadly about burnout, nearly half admitted it.

Let’s hope VA does not forget the impact the war has on these men and women.

http://www.usatoday.com/news/military/story/2011-12-18/study-drone-operators-exhaustion/52053016/1


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Transition Back to Civilian Life

By Jim Fausone
Veterans Disability Lawyer

We are hearing more about and are coming to understand, the transition from military life back to civilian life for soldiers that have been deployed. There are things you get use to things in the service like routine, respect, order, and chain of command among other things. Yet when soldiers integrate back into the civilian world it’s about chaos, noise, bills, unemployment, disrespect, just to name a few.

Almost 44% of the troops find returning home to be difficult. A recent survey provides some surprising insights. According to the Pew Research Center study, being married during deployment is one of the variables that can make the transition back more difficult. But attending religious services regularly made the transition easier. The Pew Research Center looked at a total of 18 variables and found that race, age at the time of discharge, having children under 18 while serving, length of service and number of deployments did not affect a veteran’s transition. This research may help Department of Defense (DOD) target and understand the troops that may need additional help while in the transition. Furthermore the general public should also be made more aware of these results so that they too can provide the necessary support that is needed during the transition.

http://www.stripes.com/news/study-transition-to-civilian-life-harder-for-married-troops-1.162892

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Is Annulment an Option?

by Wendy Alton

So Kim Kardashian files for divorce, and her husband Kris Humphries files instead for an annulment, listing fraud as the grounds for his request. Does he have a chance at succeeding, and what exactly is an annulment?

In the state of Michigan, you can end your marriage by filing for one of three things: divorce, separate maintenance (legal separation), or annulment. An annulment is only granted if the marriage itself was void from the beginning or the marriage is voidable.

A void marriage in Michigan is a marriage that could not have taken place legally from the beginning. What this means is that there was consanguinity, affinity, bigamy, minority, incapacity or incompetency. In simple, plain English, this means the following:

· Consanguinity: you married a blood relative prohibited by law.
· Affinity: you married a blood relative of your spouse prohibited by law.
· Bigamy: you married someone who was already married.
· Minority: you or your spouse is under the age of 16, or between 16 and 18 and you didn’t get a parent’s consent.
· Incapacity & Incompetency: you or your spouse has a mental illness or is mentally incompetent to the degree that you or your spouse cannot enter into a contract.

Marriages that are void as a matter of law (examples above) can be ended with an annulment.

Voidable marriages in Michigan mean marriages that can be voided for fraud, duress, sterility and impotence. Sterility and impotence must be incurable. In order to have your marriage annulled for these reasons, you must file for an annulment within two years of the marriage. Examples of fraud and duress are as follows:
· You marry someone to obtain a green card (for immigration purposes only).
· A person is induced to marry because they are told that a child is biologically theirs, and this turns out not to be true.
· You marry under the influence of drugs or alcohol.
· You marry someone who is barren or sterile and they do not tell you.
· You marry because you are threatened. (duress)

The grounds for a voidable marriage must be proven with clear and convincing evidence in order to obtain an annulment.

There are, however, defenses to annulment. This is particularly so if the spouse finds out about any of the reasons above and still lives with the other person even after finding out. Cohabitation is a defense, and can overcome any request for an annulment based upon voidable grounds.

Whether or not Kris Humphries will succeed with an annulment remains to be seen. Fraud can be difficult to prove, and it is something he has to prove with clear and convincing evidence. Just the fact that the marriage was short-lived is not a basis in and of itself to seek an annulment. In any case, it should prove interesting to see if the annulment moves forward or if the court determines that there is no basis, and will only grant a divorce.

Read the USA Today article here: Kris Humphries files to annul on grounds of fraud.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Purple Heart Earned

By Jim Fausone
Veteran Disability Lawyer

We get asked about how to obtain a Purple Heart by veterans on a regular basis. This issue has even infiltrated pop cultures. The CBS show "Harry's Law" about a quirky law firm recently had a story line about an Iraq veteran who suffered a Traumatic Brain Injury (TBI), but did not get a Purple Heart. Since this is the military, it starts with filling out a form. DD Form 149 is a request to correct military records. The veteran is asking the Department of Defense (DOD) to adjust its military records to reflect that a combat injury was received, sufficient to require medical treatment, and that a Purple Heart was earned. You must explain, document, and prove the nature of the injury. As you start the process you should obtain a copy of your discharge papers, otherwise known as a DD214, and see if it reflects wounded in combat. If not you will have to gather service or medical records to prove the combat injury. A recommendation for the citation from your unit commander will go a long way or a buddy statement about the conditions under which the injury was received. It is a long process but worth it to prove ones status and obtain the recognition and benefits that go with the Purple Heart. Once the forms and evidence are sent into your service branch for review and the waiting will begin. A veteran service organization (VSO), or other veterans advocate, should be contacted to help you. The link to DD149 is below.

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Ancestry.com Helps Veterans

By Jim Fausone
Veterans Disability Lawyer

As a national firm helping veterans with disability claims, we use a lot of different tools to fill in the facts on fuzzy memories. Often the veterans need buddy statements from guys they simply recall by first name "Bruce" or nickname "Curly", "Lefty" or "Hoosier". We check unit records and other service records and help the veteran jog their memory so than can find that long-lost friend or that unlucky soul that died in the attack. It is with that experience in mind that an article about Ancestry.com caught our attention. You know Ancestry as the web based company that helps people doing genealogy.

The Provo, Utah, based website has been adding historical records to its site for the past 15 years, accumulating more than 7 billion records. It normally charges a monthly fee to its users but until December 7, 2011 it is free. Of particular interest for those searching veterans' records are the World War II Navy Muster Rolls, which include 33 million quarterly reports filed from 1939-49, detailing the location, rank and other information about nearly all enlisted personnel who served aboard ships during those years. Previously unreleased draft cards, cemetery records, photos, and information about various ships are also available.

You can read more at http://www.stripes.com/news/us/website-makes-wwii-records-available-for-free-through-dec-7-1.162316

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Should the State be Allowed to Place Obese Children in Foster Care?

By Wendy Alton

In Michigan, the state has the power to remove children from their parents’ home if there has been abuse or neglect, and the child is unsafe. There are rigorous laws and regulations to be followed, but the ultimate goal is to protect the child.

An interesting definition of neglect was just used by the state of Ohio to remove an 8 year old from his home. A 3rd grade boy in Cleveland was removed from his parents’ home and placed in foster care for what the county termed “medical neglect.” However, what constituted “medical neglect” was actually obesity.

The 8 year old boy weighs more than 200 pounds. The county agency indicated that they had been working with the mother for the last 20 months in order to get his weight down. The mother’s failure to control his weight is what the county considered medical neglect, and the court agreed. The boy was removed from his mother’s home and placed in foster care.

While details of the weight struggle are missing from the news coverage, it does appear that the boy did not suffer from any significant medical conditions. He was diagnosed last year with sleep apnea, which is when the county became involved. Other than that, there appears to be no evidence of any other medical conditions. In Michigan, a child is not removed from their parents’ home unless there is evidence of neglect or abuse and the child is not safe. Is an obese child not safe if there are no other medical conditions?

With obesity being a nationwide problem, it raises some interesting questions.

Read the ABC News article here: Ohio puts 200-pound third-grader in foster care.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Mental Health Service Insufficient

By Jim Fausone
Veterans Disability Lawyer

When the Wounded Warrior Project speaks, people listen - even Congress. The Department of Veterans Affairs (VA) should take immediate action to solve systemic gaps in mental health care for veterans according to WWP. During Congressional testimony, WWP discussed its findings of a survey of over 935 respondents and emphasized the major changes the VA must implement swiftly in order to enact improvements to its responsiveness and effectiveness.

The WWP survey found that 62 percent of respondents requested mental health care through the VA. As reported, 40 percent had difficulty in receiving the mental health care necessary or did not receive treatment needed. The survey found some common and recurring issues:

Lack of available mental health providers;
Not seeing the same therapist twice;
Difficulty in obtaining appointments with flexible scheduling surrounding work/personal commitments;
Distance to available VA clinics or hospitals.

VA and this Country can and must do better. Read more about WWP and this survey at:

http://www.marketwatch.com/story/wounded-warrior-projecttm-testifies-before-us-senate-urges-immediate-va-action-to-improve-access-and-effectiveness-of-mental-health-care-for-veterans-2011-11-30


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

PTSD Controlled by a Shot?

By Jim Fausone
Veterans Disability Attorney

The number of troops that return with PTSD (Post-Traumatic Stress Disorder), can range as high as 30% of the force in combat. Some veterans suffer mild PTSD and with counseling and support can get past it. Many others are debilitated by the effects of war and post-traumatic stress. A Chicago based anesthesiologist has proposed that a shot of a local anesthetic in the neck, a stellate ganglion block, can and will provide relief.

Dr. Lipov explains there is a group of nerves in the neck called a stellate ganglion that is a part of the sympathetic nerve system; which among other things sends pain messages to the brain and controls stress, including the fight-or-flight response. When someone experiences trauma, the stellate ganglion produces an increased amount of nerve growth factor, which causes excess nerves to sprout in the brain, according to Lipov. This leads to overactive stress response and anxiety, Dr. Lipov hypothesizes. By injecting the stellate ganglion with anesthetic, the nerve growth factor returns to normal levels, the excess nerves die off and the symptoms subside. The shot settles down the sympathetic nervous system, resetting the brain to where it was before the trauma. Dr. Lipov has tried this on 12 PTSD patients with success while an Army doctor, Lt. Col. Sean Mulvaney, replicated those same results with 15 PTSD patients at the Walter Reed Army Medical Center.

But a full scale clinical trial costs money and the DOD (Department of Defense) has not agreed to fund his research. An extensive report on this idea was recently discussed in the attached article. This country owes our veterans to give this research a try and not wait decades as veterans suffer the effects of PTSD.

http://www.stripes.com/doctor-ptsd-injection-can-work-miracles-but-dod-won-t-fund-it-1.156866#

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Grandparent Visitation Statute Faces Scrutiny Once Again

by Melissa Cox

Does a grandparent have the right to visitation with their grandchild? This is a common yet difficult inquiry often faced by family law attorneys. Most current state laws are restrictive and ignore the bond between grandparent and grandchild in favor of a parent’s constitutional right to decide what is best for his or her own child. The dispute has played out in courts across the nation for decades and the question is, once again, before the U.S. Supreme Court.

In the 2000 landmark case of Troxel v Granville, the U.S. Supreme Court made a competent parents’ decision the guiding principle in most grandparent right disputes. The heart of the decision is a statement that “fit parents” are presumed to act in their children’s best interests. The state should not, therefore, “inject itself into the private realm of the family” to question the decisions of those parents.

As with any U.S. Supreme Court decision, the Troxel holding had far-reaching repercussions, and many states amended their current laws to meet the constitutional threshold set forth in Troxel. In the 2003 case of Derose v Derose, the Michigan Supreme Court declared its current grandparent visitation law unconstitutional. A new statute was passed in 2005. On June 5, 2007, the Michigan Court of Appeals in the case of Keenan v Dawson held that Michigan’s 2005 grandparent visitation statute is constitutional.

According to the 2005 statute, a court may award visitation--called "grandparenting time"--to a grandparent if any of the following apply: (a) an action for divorce, separate maintenance, or annulment involving the child’s parents is pending before the court; (b) the child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled; (c) the child’s parent who is a child of the grandparents is deceased; (d) the child’s parents have never been married, they are not residing in the same household, and paternity has been established; (e) legal custody of the child has been given to a person other than the child’s parent or the child is placed outside of and does not reside in the home of a parent; or (f) in the year preceding the commencement of the action for grandparenting time, the grandparent provided an established custodial environment for the child, whether or not the grandparent had custody under a court order. However, may is the operative word in the preceding 6 scenarios because if a fit parent opposes the grandparent’s petition, the grandparent must prove the parent’s decision to deny grandparenting time creates a substantial risk of harm to the child’s mental, physical, or emotional health. This is often an insurmountable task, which, if not accomplished, results in the dismissal of the action.

The U.S. Supreme Court is expected to decide this winter whether it will revisit the issue of grandparents’ rights. Inherent in that decision is the risk that the Troxel holidng could be overturned. Consequently, Michigan’s 6 year-old grandparenting law may also be in jeopardy.

If you are interested in learning more about grandparent rights, divorce, or family law, please call Melissa Cox at 248-380-0000 ext. 240 or email her at mcox@fb-firm.com.


http://yourlife.usatoday.com/parenting-family/story/2011-11-07/States-grandparent-visitation-laws-raise-concern/51104940/1

No Privacy on Facebook if Judge Orders you to Turn over your Password

By Wendy Alton

I have published blog articles in the past recommending that divorcing couples completely shut down their facebook page while they are going through a divorce. In the alternative, I have recommended that at least you set your privacy settings as high as possible so that any information you post cannot be viewed publicly. However, after the recent ruling from a Connecticut family law judge, I think I may go back to my first advice—shut it down. And not just facebook—everything online.

In Connecticut, a husband in a divorce case viewed some information on his wife’s facebook page that he thought would assist him in his custody battle. During his wife’s deposition, the husband’s attorney asked the wife for her passwords. She refused, but then turned them over on the advice of her attorney. (maybe not such a great idea).

But then she had second thoughts. She immediately texted a friend and had her friend log in and delete some things and change her password. Of course this was noticed by the husband and his attorney, who then brought the issue before the Judge.

What did the Judge rule? The judge ruled that the attorneys had to exchange the client’s passwords so that they could each log into each other’s accounts to do their own digging. Really.

This is a drastic move away from normal discovery. In normal discovery (the information gathering part of a lawsuit), one person asks for information (documents, answers, etc), and the other person gives it over. You ask for emails, or contact lists, not passwords so that you can just freely roam in someone’s account. It is highly unusual to ask for, and even more unusual to receive, someone’s log-in for their email, facebook, myspace, google+, etc…

If people themselves have a hard time keeping up with the social media explosion, one can only imagine the difficulty that the courts have in deciding issues like this. These are uncharted waters, and unfortunately this is a precedent that has been set that is likely a step in the wrong direction.

Again, if you are going through a divorce, it is best to shut down all of your social media. Don’t let anything you say or do online become a part of your divorce trial. It is a simple and safe step to limiting your battles, and perhaps possibly winning the war.

Read the Forbes article here: Judge Orders Divorcing Couple to Swap Facebook and Dating Site Passwords.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Donation Day at Gleaners Community Food Bank

Today is double your donation day at Gleaners Community Food Bank of Southeastern Michigan. For over thirty years, Gleaners has been providing healthy and nutritious meals to millions of homeless and disadvantaged people. By giving today, your donation will be matched doubling the number of meals Gleaners can provide. Ninety-six cents of every dollar you donate does directly to providing food. Donate today!

Gleaners Community Food http://www.gcfb.org

Pre-Nuptial Agreement is Protection for More than Just a Business

by Wendy Alton

Forbes published an article this week titled “Protecting Your Business In a Divorce: Pre-Nuptial Agreement.” It is an excellent article, and a reminder that prenuptial agreements are useful for protecting more than just a business.

Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.

Prenuptial agreements are very common when two people are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.

Prenuptial agreements can be useful even when there are not business interests at stake.

Read the Forbes article here: Protecting Your Business in a Divorce: Pre-Nuptial Agreement.

If you are interested in learning more about prenuptial agreements, family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

White House to Okay More Aid for Veterans to Find Jobs

by Kristina Derro
Veteran Disability Lawyer

With unemployment rates for veterans well-above the national average of 9 percent, President Obama announced three more executive actions to help veterans to find work. This piggybacks on two tax credits that are part of the President’s proposed jobs bill. The Returning Heroes Tax Credit provides firms that hire unemployed veterans with a maximum credit of $5,600 per veteran. The Wounded Warriors Tax Credit offers firms that hire veterans with service-connected disabilities a maximum credit of $9,600 per veteran.

The three executive actions include making a new online service to help veterans find work, creating a veterans job bank, and a veterans’ “gold card” which grants them special services and care at career centers. Unemployment for veterans stands at 11.7 percent, versus the national rate of 9.1 percent. With the remaining 40,000 U.S. troops being pulled out of Iraq by the end of the year, and some of them being discharged and returning to the U.S. job market, something needs to be done to help our most deserving population.


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Bad Employees Have to Go

by Jim Fausone

Here at Fausone-Bohn, LLP, we represent a lot of small business owners. As a group they are thoughtful, compassionate and dedicated. Often they cannot understand why a particular employee is not also dedicated to the job. There are plenty of studies that a bad apple ruins the barrel. In referring to employees a recent Wall Street Journal article was titled “How a Few Bad Apples Ruin Everything.” It is suggested by the academics that “having just one slacker or jerk in a group can bring down performance by 30% to 40%.” To stop bad behavior it is not enough to talk about or model good behavior. It is necessary to “censure bad behavior” according to Wharton operations and information management professor Maurice E. Schweitzer.

In the WSJ article Robert Sutton, a professor at Stanford University, states that bad apples are “remarkably contagious,” and that leaders who ignore the fact that certain employees are rude, lazy or incompetent “are setting the stage for even their most skilled people to fail.” As business lawyers we are often asked to give advice on employment problems. It may seem harsh, but discipline and termination of the bad apple is often the best advice. Owners, and even lawyers, have compassion for their employees and their families. But feeling bad about having to discipline or terminate a bad apple is detrimental to the company. By reading the Wharton article or the WSJ article you may feel more comfortable that you are doing the right thing for you, your company, and its employees.

http://knowledgetoday.wharton.upenn.edu/2011/11/the-bad-apple-syndrome

http://online.wsj.com/article/SB10001424052970203499704576622550325233260.html?KEYWORDS=a+few+bad+apples

Small Tokens of Appreciation this Veterans Day

by Chandra Briggs

This November 11th reminds us to give thanks to the brave soldiers that have fought to keep America the land of the free. Companies across the United States are showing their appreciation by offering freebies to Veterans. Keep in mind, you’ll have to bring along proof of military service such as a U.S. Uniform Service ID card, U.S. Uniform Services Retired ID card, current Leave and Earnings statement, photograph in uniform, be wearing your uniform, a veteran’s organization card such as American Legion or VFW, or a DD214. Also note that the offers may vary by location, click on the link of the Company to verify for your locale.

· Bed & Breakfast (Free night’s stay Thursday Nov. 10)
· Outback Steakhouse (A week of Free Bloomin’ Onions and Cokes, Monday Nov. 7 – Friday Nov. 11)
· Uno Chicago Grill (19.43% Discount off food bill, Monday Nov. 7- Friday Nov. 11)
· Famous Dave’s (Free meal or discount, Friday Nov. 11 At participating locations, please call ahead)
· Applebee’s (Free meal, Friday Nov. 11)
· Chili’s (Free meal, Friday Nov. 11)
· Texas Roadhouse (Free meal, Friday, Nov. 11 At participating locations, please call ahead)
· Hooters (Free Meal, Friday, Nov. 11)
· Denny’s (Free Grand Slam Breakfast, Friday, Nov. 11 from 6am-10pm)
· Subway (Free 6inch Sub, Friday, Nov. 11 At participating locations, please call ahead)
· T.G.I. Friday’s (Buy one meal get one free, Nov. 11 At participating locations, please call ahead)
· Tim Horton’s (Free doughnut, Friday Nov. 11)
· Krispy Kreme (Free doughnut, Friday Nov. 11)
7-Eleven (Free small Slurpee drink, Friday, Nov. 11 from 11am-7pm)
· Amazon (Free MP3 Album Download of “Veterans Day Honor” Friday Nov. 11)
· McCormick & Schmick’s Seafood Restaurants (Free lunch or dinner, Sunday Nov. 13)
· Golden Corral (Free meal, Monday Nov. 14 from 5pm-9pm)
· Colonial Williamsburg (Free Admission for Vets & their Families, Friday Nov. 11 – Sunday Nov. 13)
· National Parks Service (Free Admission for Vets & their Families, Friday Nov. 11 – Sunday Nov. 13)
· Anheuser-Busch Parks (Free night’s stay, Thursday Nov. 10)


To contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Water and Sewerage Board Changes

Water & Sewerage Board Changes

One of the firm's founding partners, Jim Fausone, was appointed to the Detroit Water and Sewerage Department Board of Water Commissioners earlier this year. DWSD supplies water and sewer services to almost 4,000,000 residents in southeast Michigan. The BOWC oversees policy, sets rates, approves contracts and hires the director of DWSD. BOWC sets the department’s $600,000,000 annual budget and its billion dollar capital improvement plan. A chronic problem for DWSD has been staying in compliance with its water discharge permits. DWSD is one of the largest sewer plants in the world and has been under court supervision for over 30 years.

Federal Judge Sean Cox has made it a goal of changing the policies and culture of DWSD to accomplish long term permit compliance. He recently ordered substantial structural changes to the department. Judge Cox also ordered that Jim Fausone become the Chair of BOWC to implement the Court's order, drive improvements and achieve compliance. The faith placed in Jim by the court and BOWC is humbling. We know Jim, an experienced environmental, municipal and business lawyer, is up to the challenge and the firm is fully supportive of this civic assignment. His classmates from University of Michigan College of Engineering must be hoping he paid attention in fluid dynamics class. You can read more about Judge Cox's order in the Detroit Free Press article below.

http://www.freep.com/article/20111105/NEWS01/111050440/Water-system-overhaul-grants-director-broad-powers

Country Fails Texas Veteran

by Jim Fausone
Veterans Disability Lawyer


We hear from over 400 veterans a month seeking our help; not knowing where to turn. Often it is on disability matters that we can help with – such as obtaining VA disability benefits. Some of the email requests are simply matters we do not work on – such as educational or home loan matters. We also hear tragic stories where the system has failed our veterans. Here is an email request we just received:

“I'm not sure I am at the right place, but I will tell you my story and let you decide. My nephew John Saxon served 4 years in the US Army spending 1 tour in Iraq for 18 months. He was honorably discharged after his 4 year commitment was finished. After 3 years of inactive duty he was recalled to spend another 1 year tour in Iraq. John has battled PTSD since his return over a year ago. He was seen by a VA doctor in Dallas approx. a month ago and was advised to see a psychiatrist and was put on psyche meds. This morning John snapped and killed his mother by shooting her and setting her house on fire. John now sits in the Grayson County (TX) jail on murder charges. My question is what if anything can your organization do and if nothing can you suggest any places I can contact for further help.”

The Army failed John when it discharged him without proper care. The VA failed John when it did not get him immediate help but simply said see another doctor. The Country failed John when we asked him to defend our values but we did not defend him from the demons that resulted. Although it may be too late for John & his mom, we did not want to fail this family one more time. We pointed them to a group in Texas that should be able to help. The importance of Post-Traumatic Stress Disorder (PTSD) and psychiatric care for our veterans cannot be overestimated. John is a statistic of the war and now so is his mother. We have seen veteran suicide, criminal activity and homelessness rise. Many of these problems are rooted in mental illness that needs treatment. As we pull troops out of Afghanistan and Iraq; the Department of Defense (DOD) assists the VA in taking care of the troops after discharge. So much more needs to be done for our returning veterans.

http://www.heralddemocrat.com/hd/News/-Homicide-MaryLeeSaxon-10-28-11-

John’s sad story is reported in the article above. You will note that they don’t make the connection to his PTSD with his service. Maybe we can ignore it if it’s just a deranged son and his mom in a trailer. We should be outraged and the reporter should tell the real story.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Country Fails Texas Veteran

by Jim Fausone
Veterans Disability Lawyer


We hear from over 400 veterans a month seeking our help; not knowing where to turn. Often it is on disability matters that we can help with – such as obtaining VA disability benefits. Some of the email requests are simply matters we do not work on – such as educational or home loan matters. We also hear tragic stories where the system has failed our veterans. Here is an email request we just received:

“I'm not sure I am at the right place, but I will tell you my story and let you decide. My nephew John Saxon served 4 years in the US Army spending 1 tour in Iraq for 18 months. He was honorably discharged after his 4 year commitment was finished. After 3 years of inactive duty he was recalled to spend another 1 year tour in Iraq. John has battled PTSD since his return over a year ago. He was seen by a VA doctor in Dallas approx. a month ago and was advised to see a psychiatrist and was put on psyche meds. This morning John snapped and killed his mother by shooting her and setting her house on fire. John now sits in the Grayson County (TX) jail on murder charges. My question is what if anything can your organization do and if nothing can you suggest any places I can contact for further help.”

The Army failed John when it discharged him without proper care. The VA failed John when it did not get him immediate help but simply said see another doctor. The Country failed John when we asked him to defend our values but we did not defend him from the demons that resulted. Although it may be too late for John & his mom, we did not want to fail this family one more time. We pointed them to a group in Texas that should be able to help. The importance of Post-Traumatic Stress Disorder (PTSD) and psychiatric care for our veterans cannot be overestimated. John is a statistic of the war and now so is his mother. We have seen veteran suicide, criminal activity and homelessness rise. Many of these problems are rooted in mental illness that needs treatment. As we pull troops out of Afghanistan and Iraq; the Department of Defense (DOD) assists the VA in taking care of the troops after discharge. So much more needs to be done for our returning veterans.

http://www.heralddemocrat.com/hd/News/-Homicide-MaryLeeSaxon-10-28-11-

John’s sad story is reported in the article above. You will note that they don’t make the connection to his PTSD with his service. Maybe we can ignore it if it’s just a deranged son and his mom in a trailer. We should be outraged and the reporter should tell the real story.

Court Oral Arguments in Detroit

by Kristina Derro
Veteran Disability Lawyer

The U.S. Court of Appeals for Veterans Claims (Court) orders oral arguments on certain cases which present an area of law that is considered “unsettled”. The judges request oral arguments so that they can ask questions of both sides and have the attorneys present their views on why the judges should decide in their favor.

On October 26th, three judges, including the Chief Judge, came to Detroit, Michigan to hold a session of the Court at the University of Detroit-Mercy School of Law. The law school offers a Veterans Disability Clinic as part of its practicum experience that its students can take, allowing the students to represent veterans in their service-connected disability claims before VA. The event allowed the students to experience an oral argument and witness how to fully prosecute claims against VA.

The visit by the Court was a two-day event. The first day, the judges’ law clerks lead a class and instructed students on how to prosecute VA claims. The second day was the oral arguments held on an actual case, followed by a question-and-answer period by the three judges. A lunch was then held, during which the law clerks also answered any questions posed to them by the students.

Positive feedback was given from the students. Since the event was open to the public, even local attorneys who practice veterans law were able to sit in on the arguments.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Widow’s Fight on the Home Front

We are delighted to share a happy ending to a long battle with the Veterans Administration (VA) for one of our clients. We will refer to her as “Cindy” and her husband “Max”.

With the death of her husband Max, an Army veteran of Vietnam, in March of 2001, Cindy began the long process of making a claim for dependency and indemnity compensation (DIC) benefits. She filed her first claim with the VA for DIC in 2002. After many denials of service connected death she sought out our representation in April of 2006 where our claims developer Peter Worthington began research of information that would be submitted to the Regional Office (RO) with the hopes of a new favorable decision.

Our firm was successful in obtaining a remand from the US Court of Appeals for Veterans Claims (USCAVC). We submitted additional evidence; including a medical opinion in February of 2010 to the RO where the claim was once again denied. The medical opinion noted the veterans heart murmur in service was not related to the veteran’s cause of death. However, it did note the cause of death was due to Ischemic heart disease. We appealed the denial from the RO to the Board of Veterans Appeals (BVA). Subsequently, Ischemic heart disease was added to the list of disabilities recognized by the VA as being related to Agent Orange Exposure.

The out-come of the review by the BVA constituted a full grant of DIC benefits for the issue on appeal of service connected cause of death. This month, over 10 years after her initial claim to the VA, Cindy received over $130,000.00 in retroactive benefits; effectively changing the course of the rest of her life.

We hope this gives those fighting for their benefits a glimmer of light at the end of a long tunnel.


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

City of Wayne, Friends Project

Every year the City of Wayne through its “Friends Project” helps a low income resident by providing necessary home repairs and maintenance. This project is successful through the generous donations from local businesses and community volunteers. Approximately 70 volunteers assisted in providing a fresh coat of paint on the exterior of the home and shed, repairing the gates, as well as miscellaneous yard work to the residence of this year’s recipient. Fausone Bohn, LLP, and Legal Help Veterans, PLLC, were large supporters of this project, and through their efforts this project was a huge success. Plans are already in the works for next year’s event.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Congressional Impact on VA RO

by Jim Fausone
Veteran Disability Lawyer

We get asked by veterans “should I get my Congressman to write VA about the delay and my claim.?” No is the short answer. It is a rare case that we ask for Congressional assistance. Why? Because VA stops everything it is doing on a case to respond to a Congressional staffer's letter. A good example of this is a response we recently received from VA about the status of a claim:

“Mr. Fausone - We have received communication from the Des Moines Regional Office. They have stated the claim file is currently at the regional office and a review of the file has been made. The Veteran’s appeal is still open and pending a decision. (The Veteran had filed a claim for increase for Individual Unemployability (IU) during the appeal, which needed to be processed. There was also congressional interest-3 letters-which had to be reviewed and responded to in the past few months.) The appeal is currently pending completion of a Supplemental Statement of the Case by the appeals team Rating Veterans Service Representative.

VA is telling us that the claim for IU filed during the claim and the 3 congressional interest letters was slowing down the process at the Regional Office (RO). The 3 letters in the past few months “had to be reviewed and responded to” by the VA staff. This means the RO is not working on the claim. So involve your Congressman selectively and not repeatedly. VA is slow enough without giving them another roadblock to getting the basic work done.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

VA Lacks Resources

by Jim Fausone
Veterans Disability Lawyer

Since we have over 600 veteran clients fighting to obtain the disability benefits they deserve, we see a lot of vets who have had problems with the VA system. While the VA health care system is one of the best in the country it is a challenge to have the resources in the proper area at the necessary time. Our veteran clients seem to have the most problems with VA in receiving treatment for their mental health and orthopedic disabilities.

A recent survey of VA social workers, nurses and doctors reports that more than 70 percent believe the department lacks the staff and space to meet the needs of growing numbers of veterans seeking mental health care.

The challenge of balancing the demand for services and the available resources is seen by the numbers. Last year, more than 1.2 million veterans were treated by the VA for a mental health problem, including 408,000 with a diagnosis of post-traumatic stress disorder. By comparison, 934,000 were treated for mental health problems four years earlier.

The VA is responding to this tidal wave of need for mental health services by increasing staff 47%. The Congress is also keeping an eye on this problem. Read more -

http://www.washingtonpost.com/politics/va-lacks-resources-to-deal-with-mental-health-survey-finds/2011/10/03/gIQAhpuJJL_story.html


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Veterans' Benefit Summit

by Jim Fausone
Veterans Disability Lawyer

Last week, Legal Help for Veterans, PLLC hosted the 2nd Annual Veterans’ Summit with the Canton Community Foundation. It takes months of preparation to pull off this Southeast Michigan event that had over 250 participants; 17 speakers; 15 participating organizations; 20 sponsors and served 3 meals. It was a team effort by Chandra, Attorney Kristina Derro, the General, Joann and everyone else that helped out. The speakers included representatives of VA, VFW, DAV, Marine League, Detroit VARO, County Counselors and others.

People came from hundreds of miles away and two states to attend this conference. We were able to help specific individuals throughout the day. For example, DAV assisted someone break a log jam on a claim. The Marine Corps League printed DD 214s for those that needed them. Questions were answered about burial entitlements for widows. For someone who needed emergency financial aid to save their house, the process got started that afternoon.
The success of the program suggests that holding it again in September 2012 would be worthwhile. We will begin gathering ideas for speakers and topics soon. If you want to see some pictures of the event, visit our Facebook page. If you want to read more and get a sense of the attendees views, click on:

http://www.hometownlife.com/article/20110918/NEWS03/109180397/Veterans-get-benefit-help-second-summit?odyssey=modnewswelltextCantons

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

TBI Rehab in Michigan

by Jim Fausone
Veterans Disability Lawyer

VA has initiated a new program to help veterans with TBI. DOD has proven that cognitive rehab helps servicemen with TBI. VA is now conducting a pilot program pushing that rehab out to recent veterans using the private sector. The program helps veterans with moderate to severe traumatic brain injuries who need long-term residential care by placing them in high-quality rehabilitation facilities that are closer to their homes and families. This avoids the cost and trauma of an institutional or hospital setting.

Michigan has great rehab facilities because of its long history of supplying health care to automobile accident victims under its unique no fault insurance programs. Origami Brain Injury Rehabilitation Center, a Mason Michigan facility, was selected by the U.S. Department of Veterans Affairs to take part in a cutting-edge pilot program. Origami is one of 21 facilities in the nation to launch the Assisted Living for Veterans with TBI pilot program.

This is a great idea of using existing resources to medically service our veterans. VA does not have to re-invent the wheel and more people can be helped by the private sector's ability to scale up or down as needed. Read more at:

http://www.mlive.com/lansing-news/index.ssf/2011/09/greater_lansing_facility_treat.html

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Veterans’ Summit 2011

by Kristina Derro
Veteran Disability Lawyer

Legal Help for Veterans, PLLC is sponsoring a free event in September that is organized by the Canton Community Foundation with funding provided by the Holbrook Charitable Trust. It will be an opportunity for veterans, their friends, and their family members to get together to learn about all the various benefits that are available from VA. The topics will include service-connected benefits, non-service connected pension, Aid and Attendance, health care, and various social services. Presenters will be VA employees, private attorneys, veteran service officers, county counselors, State of Michigan employees, and veteran-centric non-profit organizations.

It will be held Thursday, September 15, 2011 in Livonia, Michigan at Laurel Manor Banquet and Conference Center. While the event is free, attendees do need register. Attendees will also be provided with a free breakfast and lunch. For further information and to register, individuals can either access Canton Community Foundation’s website at http://www.cantonfoundation.org/ or call them at 734.495.1200.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

More Ships Added to List of Brown Water Exposure

by Kristina Derro
Veteran Disability Lawyer

The VA has updated the list of U.S. Navy and Coast Guard ships that have operated on Vietnam’s inland waterways, docked on shore, or had crewmembers sent ashore. The veterans who served on these ships during the time frame in question will be considered to have presumptive exposure to Agent Orange, allowing them to receive disability compensation for the 14 medical conditions associated with exposure to the herbicide.

Veterans who want to know if one of the ships that they served on made the list can visit www.publichealth.va.gov/exposures/agentorange to view the exhaustive list. If veterans do not have access to the internet, they can contact VA’s Special Issues Helpline at 1-800-749-8387 and press 3 to receive a list of the ships.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Social Security Disability

by Kristina Derro
Veteran Disability Lawyer

For those individuals who think that only the VA system is backlogged, recent findings indicate that Social Security’s disability program is almost as bad. This is extremely disheartening, since most individuals who qualify for VA service-connected benefits will also qualify for Social Security disability benefits. And, in fact, most usually receive Social Security disability benefits first and use it to provide themselves with meager support as they wait years for their VA benefits to be adjudicated.

Applications for Social Security’s disability program are up nearly 50 percent over a decade ago. With the U.S. economy losing nearly 7 million jobs in recent years, individuals with disabilities who lose their jobs have been unable to find new ones. As a result, the rush for benefits is adding to a growing backlog of applicants. Most individuals wait two years or more until their cases are resolved.

Also compounding the problem is the fact that the program is being hit by an aging population; obviously disability rates rise as a population ages. This is especially troubling given that new Congressional estimates say that the trust fund which finances Social Security disability will run out of money by 2017, leaving the program unable to pay benefits unless Congress acts.

Right now Congress is targeting overpayments, where people continue to get paid despite getting a job and no longer qualifying for the program. Last year alone, Social Security found that the overpayment amounted to $1.4 billion. In the deficit reduction package enacted this month, Congress boosted Social Security’s budget by about $4 billion over the next decade to invest in programs that identify people who no longer qualify for the disability benefits. It is estimated that the increased enforcement would save nearly $12 billion over the next decade.

Needless to say, the crush of applicants has impacted the legitimate applicants who often have to wait years to receive benefits. About 2/3 of initial applications are rejected, and an appeals process can take two years or more.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

QTC Sold

by Jim Fausone
Veteran Disability Lawyer

Many veterans that have had a C&P exam have run into a private QTC doctor. QTC is the largest provider of outsourced medical evaluation services to the federal government and, in particular, the U.S. Department of Veterans Affairs (VA), processing more than 450,000 evaluations last year. The VA has had a cozy relationship with QTC for years. This includes the movement from QTC to VA and back again. For example, former VA Secretary, Dr. James Peake, was Chief Medical Director and Chief Operating Officer of QTC before becoming the Secretary and former Secretary of Veterans Affairs, Anthony Principi, was chairman of QTC.

Now the plot thickens. A large defense contractor, Lockhead Martin, has purchased QTC. It certainly raises the possibility that the DOD and VA interests will be placed above that of veterans at future exams. Should veteran advocates be concerned, it seems that "independent medical" exams by QTC may be an oxymoron.

http://www.sacbee.com/2011/08/22/3853954/lockheed-martin-agrees-to-acquire.html

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

PTSD Drug Fraud

by Jim Fausone
Veteran Disability Lawyer

VA seems to try all kinds of quack medicine to "fix" veterans with PTSD. Another situation has arisen that an anti-psychotic drug used to treat PTSD has no more effect than a sugar pill. VA spent $717 million for this ineffective drug over the last decade.

Risperidone is the generic name for Risperdal, a drug developed by the Janssen Pharmaceuticals division of Johnson & Johnson to treat severe mental conditions such as schizophrenia and bipolar disorder. VA researchers published Aug. 2 in the Journal of the American Medical Association concluded, "treatment with risperidone compared with placebo did not reduce PTSD symptoms."

If you or a veteran you care for was given this drug, you should evaluate if your disability rating is correct. If VA reduced your rating because you were being effectively treated - that turns out not to be true. You may want to read the article below and contact a lawyer.

http://www.nextgov.com/nextgov/ng_20110822_6423.php?oref=topstory

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Attack on AO Expansion

Attack on AO Expansion
by Jim Fausone
Veteran Disability Lawyer

Most veterans know that the expansion of the Agent Orange (AO) presumptions last year were long over due. But some in Congress question that decision and its costs. Certain Senators argue the Agent Orange Act of 1991 is flawed, providing too much authority to the VA secretary and allowing compensation awards based on a mere "association" between a disease and herbicide exposure rather than evidence that exposure "caused" the ailments. This debate is about how much authority should the Secretary of the VA have to create new presumptions.

As an attorney who practices in this field, I know that without presumptions most veterans would not be able to prove the medical case for obtaining compensation. They do not have the money to pay for medical opinions or the testing and research that would be necessary. Keep an eye on the Senate as this issue is debated.

http://www.montgomeryadvertiser.com/article/20110814/NEWS02/108140325/New-Agent-Orange-claims-surpass-84-000

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

TSGLI Rule Changes

by Jim Fausone
Veterans Disability Lawyer

This information is from VA’s press release. In an attempt to help get the word out, I am republishing a good chunk of that release:

“As of October 1, 2011, the Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit, also known as TSGLI, will be payable for all qualifying injuries incurred during the period October 7, 2001 to November 30, 2005, regardless of where they occurred, and regardless of whether the member had SGLI coverage at the time of the injury. The Veterans’ Benefit Act of 2010 removes the requirement that injuries during this period be incurred in Operations Enduring or Iraqi Freedom.

This is welcome news for the many servicemen and women who suffered serious traumatic injuries while serving stateside or in other areas outside of OEF or OIF during this time period, but until now have not been eligible for TSGLI. TSGLI provides a payment ranging from $25,000 to $100,000 to Servicemembers sustaining certain severe traumatic injuries resulting in a range of losses, including amputations, limb salvage, paralysis, burns, loss of sight, hearing or speech, facial reconstruction, 15-day continuous hospitalization, coma, and loss of activities of daily living due to traumatic brain injury or other traumatic injuries.

Former Reservists and National Guard members who were injured during the retroactive period and suffered a qualifying loss are eligible for a TSGLI payment even if the cause was not related to service, such as a “civilian “ automobile accident or severe injury which occurred while working around their home. The law regarding these payments covers these individuals 24/7. Additionally, survivors of Servicemembers who died more than seven days after their injuries are also eligible to receive a TSGLI payment if the member had a covered loss.

Although applications are currently being accepted by Branch of Service TSGLI Offices, benefits will not be paid until October 1, 2011, the effective date of the law. For more information or to apply for a TSGLI payment, Servicemembers and Veterans should go to http://www.insurance.va.gov/sgliSite/TSGLI/TSGLI.htm. They can also contact their branch of service TSGLI Office”

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Seabee Gary Lillie RIP

by Jim Fausone
Veteran Disability Lawyer

Everyday hundreds of veterans pass away. Their life is more than just their service to country. But for every man or woman who served that service is a big part of who they are when they pass away. The veteran community lost a friend over the weekend when Gary Lillie of Dexter, Michigan died after he was struck by a drunk driver.

Gary served in Vietnam and served as a Seabee. His family had a long history of military service. Gary, 70 years old, was a practicing real estate agent in Ann Arbor. He was a proud Scotsman, hockey player and founder of Veterans Radio. He put his money and his energy in telling the story of his fellow veterans on the radio. His efforts resulted in over 400 programs being aired on around the country and on the internet at http://www.veteransradio.net/. Gary was a friend of LHFV and mine. He will be missed. Read more about him at

http://www.heritage.com/articles/2011/08/05/dexter_leader/news/doc4e3c535bcc5ce956171936.txt?viewmode=default

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

AO at Korean Camp Carroll

by Jim Fausone
Veteran Disability Lawyer

Many veterans believe that they were exposed to Agent Orange (AO) outside of Vietnam. Those veterans want the VA's presumptive illnesses to apply to them. The VA and DOD have limited the areas where it is recognized that AO was used and exposure was possible. Some veterans are trying to get the Korean government to pressure the US to recognize that AO was more widely recognized than just in the DMZ. Read about its use and burial at Camp Carroll.

http://www.stripes.com/news/pacific/korea/2-veterans-urge-s-korean-lawmakers-to-pressure-u-s-over-agent-orange-1.150062

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Competency Tests for VA

by Jim Fausone
Veterans Disability Lawyers

You have to pass a bar exam to become a lawyer. To be a claims agent you have to pass an accreditation exam. Both are required to take continuing education to stay VA accredited. Now Congress is considering a bill that would require an annual competency test for veterans’ claims processors. Those opposed to the idea argued that such testing and retraining would cause the claim backload to grow even worse. I doubt that Congress will ultimately pass the legislation but the idea, and the need for it, is worth exploring. VA leadership should consider this idea and implement it voluntarily. Keep an eye on the legislation and read more below.

http://www.marinecorpstimes.com/news/2011/07/military-bill-would-test-competency-of-va-claims-workers-072211/

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Veterans Need Jobs

by Jim Fausone
Veteran Disability Lawyer

With the draw down of troops in Iraq and Afghanistan, it is important to find our veterans jobs. The unemployment rate is above 9% but in many communities and urban centers the rate is closer to 25%.

If you want to keep vets out of the frustrating VA system, find them good jobs and benefits. The fact that veterans are great employees is not lost on employers. The US energy industry may be a perfect fit. The industry says it's looking for as many as 200,000 veterans over the next five years or so. Point a returning veteran to the attached article and help him find a job.

http://www.stripes.com/blogs/stripes-central/stripes-central-1.8040/energy-companies-say-they-ve-got-jobs-for-vets-1.148922


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Never Too Late

by Jim Fausone
Veterans Disability Lawyer

Independence Day has come and gone. Hopefully you spent it remembering those that fought to protect our freedoms.

My family once again participated in the Northville, Michigan July 4th parade. This year had the National Guard Army Band, a fly over by 2 A10 Warthogs, the VFW and AMVETS, floats and bands.

One of the special moments was the pinning of the Purple Heart and Combat Medic medals on a Korean War vet. He had waited almost 60 years to receive these recognitions. His wife, a nurse, contacted Brig. General Carol Ann Fausone (ret), also a nurse, for assistance in getting these medals. His name change after service from Conrad Podolski to Dowel created confusion in the records department of DOD. But proof of the name change, buddy statements of his injury in Korea, and recovery in Japan made the medals ceremony possible – it only took 18 months to convince DOD to issue the medals.

The community turned out in full force and did it up right. As General Carol Ann said “It is never too late to say Thank You to our service men and women.” This ceremony was picked up by the media including the Detroit Free Press, FOX Detroit, Army Times, etc. The Free Press has some nice video. If you would like to read about it click on the link below.

http://www.freep.com/apps/pbcs.dll/article?AID=2011107030504

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Court Issues Stay, Pending Result of Henderson

by Kristina Derro
Veteran Disability Lawyer

A recent order by the U.S. Court of Appeals for Veterans Claims put a stay on all cases in which the VA alleged that the Veteran did not appeal a denied Board of Veterans’ Appeals decision within the 120-day deadline. A recent ruling by the U.S. Supreme Court, Henderson v. Shinseki, 131 S. Ct. 1197 (2011), held that the 120-day deadline which the Veteran has to appeal a denied Board decision is not jurisdictional. Therefore, the Supreme Court found that the 120-day deadline is subject to equitable tolling.

What this means, is that if the Veteran had a legitimate reason for not being able to appeal the decision within the 120-day period, the Court will have to consider it. Right now, the Court put all the cases on hold while the judges confer and issue a decision in Henderson about what facts will constitute a “good excuse” for equitable tolling.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

How Long Does it Take? A Problem to Avoid.

by Jim Fausone
Veteran Disability Lawyer

The most frequent question we get is “How long will it take VA to make a decision?” My nephew, who just returned from Afghanistan, asked me this at a Father's Day brunch last weekend.

As of May 31, more than 800,000 disability claims are pending across the country, according to a House VA Committee news release. Of those, more than 60 percent have been pending for more than 125 days and could increase to 230 days by next year. As a rule of thumb, we tell people the initial claim may take a year – and each step in the appeal process thereafter will take a year. So you can’t give up just because it will take so long.

One problem that the passage of time creates is change in veteran contact information. You must make sure that VA, and your representative – lawyer or claims agent - has your current contact information. If you change your address or telephone number or email address – you must let them know. If VA sends notices to an old street address that you did not change, that is your problem. If VA sends a notice of a C&P exam to an old address, you will miss the exam and your claim maybe denied. It seems simple but it is important to update your contact information at VA.gov anytime it changes. You will use VA Form 20-572. You can find it at the link below.

http://www.vba.va.gov/pubs/forms/VBA-20-572-ARE.pdf

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Camp Lejeune Water

by Jim Fausone
Veteran Disability Lawyer

We often get asked by veterans with disabilities “Could it be from the toxic water at Marine Camp Lejeune?”. This is a difficult question and proving a medical nexus is a challenge. The VA has not been receptive to such claims. It is kind of like how they treat Blue Water Navy claims, it makes sense but you cannot get VA to agree that the exposure resulted in the disability. The solution may have to be provided by Congress. A bill has been introduced to help those exposed to toxic water at Camp Lejeune - but it is not clear that it will become law. You can read more at:

http://www.miamiherald.com/2011/06/10/2260727/vote-on-lejeune-contamination.html

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Michigan Veterans Foundation

by Kristina Derr
Veterans Disability Lawyer

The staff at Legal Help for Veterans had the opportunity to visit Michigan Veterans Foundation this past week. Michigan Veterans Foundation (MVF) is a multi-faceted, non-profit agency that addresses the needs of homeless veterans. It also provides on-site support services to veterans who are at risk of being homeless or simply need help. Visit MVF’s website to learn more about the non-profit agency: http://www.michiganveteransfoundation.org/

Nationwide, an average of 1/3 of America’s homeless are veterans. This means that on any given night, as many as 250,000 veterans are living on the streets or in shelters, and perhaps four times as many experience homelessness at some point during the course of a year.

MVF offers over 140 veterans an 18-month long placement, which can be extended for an additional six months. MVF allows veterans to remain in a safe, structured environment, designed to lead them back into society through professional guidance and veteran-to-veteran reinforcement.

The agency works in collaboration with a multitude of human service providers, non-profit organizations, and governmental agencies to meet the veteran’s medical, psychological, and educational needs. Programming at MVF include life skills training, employment training, job opportunities/referrals, education, healthcare, legal assistance, VA benefits assistance, twelve-step groups, counseling services/support groups, meals and clothing (including clothing appropriate for job interviews), access to transportation, and securing permanent housing.

This phenomenal agency has numerous staff members who are dedicated to veterans, and help to fill the gaps that currently exist in providing services to Michigan’s veterans. We at Legal Help for Veterans applaud MVF’s hard work, commitment, and enthusiasm in providing care to one of our nation’s most precious resources—our veterans!

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Stiggy’s Dogs: “Rescuing One to Help Rescue Another”

by Kristina Derro
Veterans Disability Lawyer

The staff at Legal Help for Veterans had some phenomenal visitors this past week! Members of Stiggy’s Dogs came to visit!

Stiggy’s Dogs was created in memory of Benjamin Phillip (“Doc Stiggy”) Castiglione, a Marine who dedicated his life to preserving and improving the physical and emotional health of those serving in his unit. He gave his life working as a Corpsman in Helmand Province in Southern Afghanistan, taking care of “his Marines” until September 3, 2009.

Stiggy’s Dogs is an extraordinary non-profit organization aimed at assisting veterans who suffer from Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). The organization takes shelter dogs and rehabilitates them, training them and turning them into Psychiatric Service Dogs for veterans who suffer from PTSD and/or TBI. The dogs are ADA compliant and as service dogs, are able to go with their veteran into any building!

The Psychiatric Service Dogs are each individually trained to meet their veteran’s specific needs. They are taught to perform tasks ranging from reminding veterans to take their medicine, waking them up from a nightmare, and directing them through a crowd. Research has shown that 82% of veterans with PTSD who were assigned a dog had a decrease in his/her symptoms, and 40% of the veterans had a decrease in the amount of medications that they had to take!

Speaking with a veteran who was given a Psychiatric Service Dog, he discussed how he is now able to leave his house with his dog without constantly fearing panic attacks, and even recently rode on an airplane—a task he previously thought impossible due to his severe psychiatric symptomatology.

It is estimated that there are currently 5 million dogs sitting in shelters across America waiting to be euthanized. Stiggy’s Dogs goal is to rescue shelter dogs, train them to be Psychiatric Service Dogs, and pair them with a well-deserving veteran! By uniting the military hero and the shelter dog, Stiggy’s Dogs is “rescuing one to help rescue another”.


Please visit Stiggy’s Dogs’ website to learn more about the non-profit organization: http://stiggysdogs.org/ Although based in Michigan, they pair both veterans and dogs from around the nation.

As a non-profit, Stiggy’s Dogs relies solely on donations in order to keep its program running. A local news channel recently profiled Stiggy’s Dogs and discussed the need for donations. View that video here: http://www.clickondetroit.com/video/28175414/index.html If you can donate money, dog toys, dog bedding, dog crates, dog food, or even your time, it would be much appreciated.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Hep C & Vets

by Jim Fausone
Veteran Disability Lawyer

We hear from a lot of veterans with Hepatitis C which they believe was contracted in the military. Many guys feel that the air gun innoculations they received in basic training were the start of the Hep C.

Up to 10% of all veterans in the VHA system tested positive for Hep C. In 2000, Gary A. Roselle, M. D., Program Director for Infectious Diseases, Veterans Health Administration, Department of Veterans Affairs, said "One in 10 US Veterans are infected with HCV", a rate 5 times greater than the 1.8% infection rate of the general population." Four (4) million Americans have Hep C.

It is difficult to prove when Hep C was contracted and to establish service connection. Some good news for veterans with Hep C is a new medicine regime. Two newly approved Hep C drugs, Victrelis and Incivek by Merck and Vertek, have resulted in great clinical trials but the drugs are costly and can cause unwanted side effects. Let’s see how long it takes VA to start using these new drugs.

http://www.freep.com/article/20110530/NEWS06/105300361/2-new-drug-treatments-cured-thousands-liver-disease?odyssey=modnewswelltextFRONTPAGEp

http://www.hcvets.com/

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Recent Legislation to Aid Veterans

by Kristina Derro
Veterans Disability Attorney

On May 25, 2011, Senator Richard Blumenthal (D-CT) introduced the Honoring All Veterans Act of 2011, which seeks to improve aid and services to veterans in the areas of employment, housing, education, and health care. The Act aims at aiding veterans who are seeking education and employment by increasing the number of participants in independent living programs that allow veterans to participate in family and community life, increasing their potential to return to work. It will also provide funding for outreach on college campuses to help veterans maximize their ability to study and gain employment.

The Act authorizes the Department of Defense (DoD) to study how to ensure that civilian employers and educational institutions recognize veterans’ military training and qualifications—transferring the certificates and licensed skills from the military to civilian jobs would ensure that the training that occurred during service was not lost for veterans returning to the civilian workplace. It also authorizes that veterans can use the DoD’s Transition Assistance Program and meet with counselors at any military installation for up to one year after leaving service to receive information about job hunting, education options, and career development.

To address the rising amount of homeless veterans that is estimated to be 76,000 in 2009, the Honoring All Veterans Act provides services to military families who are on the verge of losing their home by permanently extending their foreclosure protection. The Act will also raise the per diem rate that certain programs give out, in an effort to take into account the geographic disparities around the nation.

The Honoring All Veterans Act attempts to deal with the health care shortcomings in the treatment of veterans. The Act authorizes VA to access state prescription drug monitoring programs in order to address substance abuse. It also allows military family members to access VA counseling services while a service member is deployed, and it directs the VA to improve rehabilitation and reintegration plans that address long term care for veterans with traumatic brain injuries (TBIs). The overall goal of the Act is to modernize the VA—to streamline the transition from active service to veteran status for service members, to have a responsive Board of Veterans Appeals handling disability claims, and to be constantly updating pension amounts to reflect the cost of living.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Kelsey Grammer’s Cross-Country Custody Battle

by Wendy Alton

As if we didn’t hear enough about celebrity family issues recently. Kelsey Grammer has filed legal papers in court seeking sole physical custody of his two children: 9 year old daughter Mason, and 6 year old son Jade. The kids actually live in L.A. with their mother, Camille Grammer, while Kelsey lives in Chicago with his new wife, Kayte Walsh. In the divorce, Camille Grammer was granted physical custody of the children, but Kelsey Grammer apparently wants to change that and move them to Chicago: Kelsey Grammer Trying to Rip Custody from Camille.

What does it take to win a custody battle, and move two children from their home in LA to Chicago? In Michigan, this is no small feat. First, the Court must determine that there has actually been a change in circumstances or that there is good cause in order to change a custody arrangement. If the Court determines that there has been a change in circumstances or good cause, then the Court must determine that the proposed custody arrangement is in the best interests of the children. This means that the Court must listen testimony and review evidence surrounding 12 best interest factors, listed in MCL 722.23. In the case where the proposed custody change would essentially transfer the children physically from one parent to the other, the Court must find that the proposed change is in the best interests of the children by “clear and convincing evidence.”

Additionally, in Michigan, if you not only want to change custody, but then want to move the children out of state, the Court must consider other issues. In what is called the D’Onofrio test, the Court must find that the relocation is in the best interest of the children by a preponderance of the evidence after consideration of the following factors:

1. Will the change improve the quality of life for the child and parent
2. The degree to which each parent has complied with their parenting time schedule
3. The degree to which the court can modify parenting time to preserve and foster the relationship
4. The extent to which the opposing parent is motivated by financial reasons
5. Domestic violence, regardless of whether it involves the child

Obviously, a cross-country custody battle is not as easy as just filing legal papers asserting what you want. The process is extremely involved and requires substantial evidence that the proposed custody change will be best for the children. This case provides good reminder that the Courts are there to determine what’s best for the kids—not just what the parents want.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

VA Inspector General’s Findings at Regional Offices

by Kristina Derro
Veterans Disability Lawyer

This month, the VA’s Office of Inspector General released its report on the systemic issues identified at 16 VA Regional Offices (VAROs) from April 2009 to September 2010. You can view the full report here: http://www.va.gov/oig/52/reports/2011/VAOIG-11-00510-167.pdf

Unfortunately, the report revealed the ineptitude that all the veterans experience and suffer from on a daily basis. The report identified that VARO staff incorrectly processed 23% of an estimated 45,000 claims. The biggest mistakes involved claims for posttraumatic stress disorder (PTSD) and traumatic brain injuries (TBIs).

Over 8% of claims for PTSD were not adequately processed because the VARO staff “lacked sufficient experience and training to process these claims accurately. Additionally, some VAROs were not conducting monthly quality assurance reviews”. The bulk of the errors were in failing to properly verify claimed stressors and assigning incorrect effective dates for the grant of benefits for PTSD.

75% of VAROs inspected did not follow VA policy when processing claims for residuals of a TBI. In December 2009, it was estimated that 28,000 veterans suffered from a TBI, with many more being added to that list daily with the increase of bombings and IED attacks that our military is exposed to in Afghanistan and Iraq. The Inspector General’s findings regarding the VAROs’ incompetence in processing these claims can have disastrous effects for our veterans. Over 19% of claims for TBIs were not processed correctly. The report found that 42% of the errors were due to the VARO staff utilizing inadequate medical examinations which did not contain sufficient information upon which to make a decision. Evidently, the VA medical examiners were not using the most current examination formats and therefore not providing the VARO staff with sufficient information. Unfortunately, due to the VAROs staff’s lack of experience and training, they did not recognize when an examination was inadequate and failed to send it back to the VA examiner for corrections.

Compounding this problem is the fact that when the VARO actually did grant service connection for a TBI, 42% of errors involved the VARO assigning incorrect evaluations for the residuals of TBIs. The VA policy requires a separate evaluation for any disability with a distinct diagnosis related to a TBI, such as headaches or tinnitus. Regrettably, VARO staff failed to give separate ratings for disabilities and instead lumped them together in one rating.

A statistic which will come as no big surprise to any veteran that has sent information to VA is the fact that the report found 75% of the VAROs failed to properly control and process mail according to VA policy. Shockingly, the majority of mistakes were attributed to the staff being “generally unaware of policy requirements, including date stamping, governing mail processing at VA facilities. Further, VARO workload management plans contained unclear procedures or first-line supervisors did not always follow guidance delineated in these plans”. The failure to properly date-stamp materials obviously has catastrophic effects on a veteran’s claim. For instance, the document may be considered to be untimely, even though it was timely submitted but the VARO staff failed to properly date stamp it. Additionally, if a claim came in on January 31st, then the start date for benefits when the claim is ultimately granted would be February 1st. However, if the item isn’t date stamped until February 1st, then the start date for benefits would be March 1st. This would cause the veteran to lose out on a month of benefit payments.

An interesting read for sure, the report details the mistakes that the 16 VAROs made, along with the Inspector General’s suggestions for improvement. All we can do is wait and see if VA actually gets around to implementing the suggestions. Until then, veterans’ claims continue to be improperly handled on a daily basis…

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com