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.