Monday, January 30, 2012

Paperless VA

Jim Fausone
Veterans Disability Lawyer


With millions of veterans and thousands of backlogged claims, VA is challenged by the mountain of paper that it handles yearly. If you ever get behind the door of the VARO, the piles of paper in the cubicles and on the floor would surprise you. From helping hundreds of veterans, we know that sometimes VA simply cannot even find your file. They don't know what city it is in or what floor it's on. The answer is to use technology that is readily available to tame the flood. The Secretary of the VA has proposed a fully paperless claim system by 2015.

Compensation and benefit claims pending at VA, as of January 23, 2012 totaled 852,127 and 65 percent of them — 557,460 — had been filed by veterans more than 125 days ago, which means they are in “backlog” status.

Over the last year VA processed almost a million claims, but more than 1.3 million new claims were filed — some seeking compensation for the first time but most seeking an upgrade to current disability ratings. The number of veterans filing claims annually has more than doubled since 2000.

To read about VA's congressional testimony about the challenges and solutions:
http://www.jdnews.com/articles/paperless-99942-secretary-achieve.html

Monday, January 16, 2012

Jobs for Veterans

Our veterans from the Iraq and Afghanistan wars are coming home and looking for work. There is probably no better solution to the difficulty of reintegration into civilian life than having a good job. Everyone has a different definition of good job. Some look at the pay or the benefits or the type of work, or being indoor or outdoor or the hours. I believe military men and women make great employees. They bring maturity, experience and understanding the mission. By and large they are not whiners about trivial matters. Veterans have experienced real hardships and the little things don't matter. But the reintegration challenge is not a one size fits all. Some vets have never been on a job interview or drafted a resume. We can all help veterans looking for work by advising and networking with them. The Stars and Stripes recently reported on getting hired. You may want to pass this along to a comrade in need.

http://www.stripes.com/news/veterans/get-hired

Thursday, January 5, 2012

Vietnam Veterans Memorial Fund

By Chandra Briggs

In 1982, The Vietnam Veterans Memorial Fund (VVMF) completed construction of The Wall and now the VVMF is working again to complete another mission by building The Education Center. We’ve been asked to help create awareness and to get the word out about the National Call for Photos campaign. The VVMF is trying to collect a photograph for each of the more than 58,000 men and women whose names are inscribed on The Wall. The VVMF is hoping the pictures that are collected will help to educate our children and grandchildren about the Vietnam War. The pictures will be used to help bring The Wall to life for all future generations by telling the story of the Vietnam War through the personal stories of those whose names appear on it.

Please visit http://www.vvmf.org/pafwan to see the many ways you can help.

With ground-breaking for the Education Center set for November 11, 2012; funds are still needed for completion. You can donate by texting WALL to 20222 to make a $10 donation to VVMF.

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

Wednesday, January 4, 2012

Undiagnosed Illness by VA

Jim Fausone
Veteran Disability Lawyer

When you are sick and no one knows why it is frustrating. If you are a veteran and believe that the undiagnosed illness is service related the frustration is heightened by VA's refusal to grant disability compensation.

Veterans of the Persian Gulf War with undiagnosed illnesses have an additional five years to qualify for benefits from the VA. “Not all the wounds of war are fully understood,” said Secretary of Veterans Affairs Eric K. Shinseki. “When there is uncertainty about the connection between a medical problem and military service, Veterans are entitled to the benefit of the doubt.” A recent change in VA regulations affects Veterans of the conflict in Southwest Asia. Many have attributed a range of undiagnosed or poorly understood medical problems to their military services. Chemical weapons, environmental hazards and vaccinations are among the possible causes. At issue is the eligibility of Veterans to claim VA disability compensation based upon those undiagnosed illnesses, and the ability of survivors to qualify for VA’s Dependency and Indemnity Compensation.

Under long-standing VA rules, any undiagnosed illnesses used to establish eligibility for VA benefits must become apparent by Dec. 31, 2011. The new change pushes the date back to Dec. 31, 2016.
http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2239

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

Reading Your Spouse's Email Could be a Crime

By Wendy Alton

If you haven’t been following the Oakland County, Michigan criminal case against Leon Walker, now is the time to do it.

I previously blogged about the criminal charges pending against Leon Walker: Reading your spouse’s emails: snooping or hacking? (http://tiny.cc/kmm4y). Leon Walker and his wife Clara Walker were living together, but going through a divorce. Leon Walker logged into Clara Walker’s Gmail account on her computer by guessing her password. While logged in, Leon Walker printed a number of emails between Clara Walker and a friend, and theses emails revealed that Clara Walker was having an affair with her second ex-husband. Leon Walker, her soon to be third ex-husband, printed these emails off and gave them to Clara Walker’s first ex-husband, who used the emails as a basis to file an emergency motion for custody of their child.

Leon Walker was charged with violating Michigan law MCL 752.795, which states that a person cannot “intentionally and without authorization” access a computer, computer program, computer network, or computer system, to “acquire, alter, damage, delete, or destroy property.” The same law prohibits spam and viruses. Despite the fact that they were married at the time he accessed her email, and despite the fact that the computer was purchased by him and her password was not always kept a secret, Prosecutor Jessica Cooper charged him with a felony that is normally reserved for serious hackers—and Leon Walker now faces a penalty of up to five years in prison.

Leon Walker appealed his charges to the Michigan Court of Appeals. On December 27, 2011, the Michigan Court of Appeals released its opinion, and upheld the charges against Leon Walker.

The Michigan Court of Appeals determined the following:

1) Leon Walker intentionally accessed the account by guessing her password, and his intention was also revealed by him printing emails and distributing them to a third party;
2) Leon Walker accessed the account without authorization because Clara Walker testified that she never shared her password with him, and he didn’t even use her computer;
3) By accessing Clara Walker’s Gmail account, Leon Walker did access a computer (Gmail email is stored on Gmail servers), did access a computer network (Gmail emails are sent to the user over the internet), did access a computer program (Gmail itself is a program), and did access a computer system (Gmail servers act as a computer system;
4) Leon Walker acquired the emails by viewing, printing and distributing them, which is essentially acquiring property of someone else.

The Michigan Court of Appeals ruled that the criminal charges against Leon Walker should stand, as his actions satisfy the elements of the criminal statute. The case is now sent back to Oakland County so that a trial date can be set. It is unknown if Leon Walker will appeal to the Michigan Supreme Court, and even if he does, even more unknown if the Michigan Supreme Court will hear the case.

What are the practical consequences of this case and this Michigan Court of Appeals ruling? Your email is absolutely private unless you share your password with someone else or authorize them to check your email. If you do not share your password or permit someone access, it is a crime for them to access your account without your permission. This is equally true for strangers as well as for spouses—there is no spousal exception.

If you are going through a divorce, it is best to leave your spouse’s email and facebook accounts alone. The Michigan Court of Appeals has made it very clear that unless permission is given, it is a crime. Oakland County has made it very clear that it will prosecute. It is likely that other counties will follow their lead.

Read the Michigan Court of Appeals case here: http://coa.courts.mi.gov/documents/opinions/final/coa/20111227_c304593_54_304593.opn.pdf.

Read the news articles here:

“E-mail snooper loses appellate bid” http://tiny.cc/ruy7u.

“Michigan man may face trial in computer hacking case” http://tiny.cc/jvlcr.

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.