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
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Monday, December 19, 2011
Wednesday, December 14, 2011
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
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
Tuesday, December 13, 2011
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.
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.
Thursday, December 8, 2011
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
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
Monday, December 5, 2011
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
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
Friday, December 2, 2011
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.
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
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
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