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
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Showing posts with label Kristina Derro. Show all posts
Showing posts with label Kristina Derro. Show all posts
Thursday, November 10, 2011
Friday, October 28, 2011
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
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
Tuesday, September 20, 2011
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
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
Wednesday, September 7, 2011
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
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
Tuesday, September 6, 2011
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
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
Monday, August 29, 2011
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
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
Tuesday, July 5, 2011
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
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
Tuesday, June 14, 2011
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
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
Monday, June 13, 2011
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
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
Thursday, June 2, 2011
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
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
Tuesday, May 31, 2011
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
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
Friday, May 27, 2011
Rocky Transition for Service Members Upon Discharge to VA
by Kristina Derro
Veterans Disability Lawyer
The Senate Veterans Affairs Committee heard testimony on Wednesday, May 18, 2011 regarding the historically rocky transition for service members between leaving the Department of Defense (DoD) and beginning to receive medical treatment through the Department of Veterans Affairs (VA). Researchers found that increasing levels of drug abuse and suicides among recently-separated combat veterans can be partly blamed on inadequate coordination as service members are discharged from the military and become the responsibility of VA.
A lack of coordination was also found to negatively affect the treatment of combat-related injuries. At the DoD, injured service members receive state-of-the-art care, receive counseling services, and are prescribed narcotics to treat pain. When service members are discharged and begin to receive their medical care from VA, research has shown that VA improperly manages their narcotic medications, making them more likely to abuse drugs, become homeless, or commit suicide. Further, due to a rocky handoff, veterans at VA also have physicians who are unfamiliar with the course of treatment that those veterans were receiving while with the DoD.
The area of prosthetics is one example where the lack of coordination and lack of familiarity hurt the veterans. The DoD has outstanding prosthetics for its amputees. Upon arrival at VA, many VA physicians are fascinated by the high-tech devices, having never seen them before, and are more interested in examining the devices rather than examining the veterans.
Both the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs recognized the need for a truly seamless handoff from the DoD to the VA medical facilities. Recognizing the problem is the first step, however it seems that the VA has a history of being unable to rectify the problems even though they have been sufficiently identified.
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
The Senate Veterans Affairs Committee heard testimony on Wednesday, May 18, 2011 regarding the historically rocky transition for service members between leaving the Department of Defense (DoD) and beginning to receive medical treatment through the Department of Veterans Affairs (VA). Researchers found that increasing levels of drug abuse and suicides among recently-separated combat veterans can be partly blamed on inadequate coordination as service members are discharged from the military and become the responsibility of VA.
A lack of coordination was also found to negatively affect the treatment of combat-related injuries. At the DoD, injured service members receive state-of-the-art care, receive counseling services, and are prescribed narcotics to treat pain. When service members are discharged and begin to receive their medical care from VA, research has shown that VA improperly manages their narcotic medications, making them more likely to abuse drugs, become homeless, or commit suicide. Further, due to a rocky handoff, veterans at VA also have physicians who are unfamiliar with the course of treatment that those veterans were receiving while with the DoD.
The area of prosthetics is one example where the lack of coordination and lack of familiarity hurt the veterans. The DoD has outstanding prosthetics for its amputees. Upon arrival at VA, many VA physicians are fascinated by the high-tech devices, having never seen them before, and are more interested in examining the devices rather than examining the veterans.
Both the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs recognized the need for a truly seamless handoff from the DoD to the VA medical facilities. Recognizing the problem is the first step, however it seems that the VA has a history of being unable to rectify the problems even though they have been sufficiently identified.
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, May 24, 2011
10th Circuit Deciding Fake Veteran Case
By Kristina Derro
Veterans Disability Lawyer
Last week, the Court of Appeals for the Tenth Circuit heard oral arguments on a case involving a Colorado man who falsely claimed to be a highly-decorated Marine Corps veteran. He is being tried under the Stolen Valor Act, a piece of legislation passed in 2006 that makes it a crime to lie about receiving military medals.
The defendant, Rick Strandlof, founded a veteran advocacy group and claimed to be an Iraqi War veteran who received a Purple Heart and a Silver Star. In reality, Strandlof never even served in the military in any capacity. Fellow advocates exposed his deceit and federal authorities charged Strandlof with violating the Stolen Valor Act.
At his trial in the U.S. District Court, Strandlof did not deny his lies, but instead argued that the Stolen Valor Act is unconstitutional and that his lies are protected under the 1st Amendment of the U.S. Constitution. The District Judge agreed and dismissed the case against Strandlof, but stated that while the U.S. Constitution does not protect against fraudulent speech, in Strandlof’s case there was no actual victim of the fraud. The District Judge noted that the Stolen Valor Act “criminalizes the mere utterance of the false statement regardless whether anyone is harmed thereby. It is merely fraud in the air, untethered from any underlying crime at all”.
The government appealed, arguing in its brief to the Tenth Circuit that the Stolen Valor Act is narrowly tailored and does not discourage people from making other constitutionally-protected statements. It noted that the Act is aimed at preventing harm to the public from the “misappropriation of the benefits, reputation, and credibility properly accorded to those who have earned military honors”. The attorney for the government noted that “[f]alse statements are not protected speech. They undermine rather than advance the free marketplace of ideas”.
However, the Tenth Circuit judges strongly questioned the Justice Department attorney, wondering where the criminalization of lies stops and pointing out that what the government wants to implement is a broad category of protection against false statements of facts.
This case is proving to be extremely important because last year, the Court of Appeals for the Ninth Circuit ruled the Act unconstitutional because of the same free-speech concerns. If the Tenth Circuit comes to the same conclusion as the Ninth Circuit, then it would become more settled law that the Act is unconstitutional. However, if the Tenth Circuit were to rule differently, it would make it more likely that the U.S. Supreme Court would step in to settle the dispute.
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
Last week, the Court of Appeals for the Tenth Circuit heard oral arguments on a case involving a Colorado man who falsely claimed to be a highly-decorated Marine Corps veteran. He is being tried under the Stolen Valor Act, a piece of legislation passed in 2006 that makes it a crime to lie about receiving military medals.
The defendant, Rick Strandlof, founded a veteran advocacy group and claimed to be an Iraqi War veteran who received a Purple Heart and a Silver Star. In reality, Strandlof never even served in the military in any capacity. Fellow advocates exposed his deceit and federal authorities charged Strandlof with violating the Stolen Valor Act.
At his trial in the U.S. District Court, Strandlof did not deny his lies, but instead argued that the Stolen Valor Act is unconstitutional and that his lies are protected under the 1st Amendment of the U.S. Constitution. The District Judge agreed and dismissed the case against Strandlof, but stated that while the U.S. Constitution does not protect against fraudulent speech, in Strandlof’s case there was no actual victim of the fraud. The District Judge noted that the Stolen Valor Act “criminalizes the mere utterance of the false statement regardless whether anyone is harmed thereby. It is merely fraud in the air, untethered from any underlying crime at all”.
The government appealed, arguing in its brief to the Tenth Circuit that the Stolen Valor Act is narrowly tailored and does not discourage people from making other constitutionally-protected statements. It noted that the Act is aimed at preventing harm to the public from the “misappropriation of the benefits, reputation, and credibility properly accorded to those who have earned military honors”. The attorney for the government noted that “[f]alse statements are not protected speech. They undermine rather than advance the free marketplace of ideas”.
However, the Tenth Circuit judges strongly questioned the Justice Department attorney, wondering where the criminalization of lies stops and pointing out that what the government wants to implement is a broad category of protection against false statements of facts.
This case is proving to be extremely important because last year, the Court of Appeals for the Ninth Circuit ruled the Act unconstitutional because of the same free-speech concerns. If the Tenth Circuit comes to the same conclusion as the Ninth Circuit, then it would become more settled law that the Act is unconstitutional. However, if the Tenth Circuit were to rule differently, it would make it more likely that the U.S. Supreme Court would step in to settle the dispute.
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, May 20, 2011
VA Malpractice Data
by Kristina Derro
Veterans Disability Lawyer
Recent data published by the Project on Government Oversight revealed that VA paid out over a dozen million-dollar malpractice payouts because of either failure on the part of VA to obtain informed consent from its patients or VA’s health care providers failing to timely diagnose and treat conditions.
Out of more than 12,000 claims against VA from 1989 to 2008, several thousand were related to medical malpractice. Of those, 16 had payouts of $1 million or more due to clinical negligence.
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
Recent data published by the Project on Government Oversight revealed that VA paid out over a dozen million-dollar malpractice payouts because of either failure on the part of VA to obtain informed consent from its patients or VA’s health care providers failing to timely diagnose and treat conditions.
Out of more than 12,000 claims against VA from 1989 to 2008, several thousand were related to medical malpractice. Of those, 16 had payouts of $1 million or more due to clinical negligence.
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, May 17, 2011
Ninth Circuit Rips Apart VA Over Mental Health Care
by Kristina Derro
Veterans Disability Lawyer
The United States Court of Appeals for the Ninth Circuit unleashed its fury on the VA last week in a decision where the judges ruled that the “unchecked incompetence” by the VA had led to poor mental health care and slow processing of disability claims for veterans. Two nonprofit organizations, Veterans United for Truth and Veterans for Common Sense, filed a lawsuit seeking to force VA to make changes to the way it treats veterans with mental health disabilities and handles compensation claims.
The Ninth Circuit agreed with the plaintiffs’ case that the VA must put mental health initiatives into effect throughout the entire system and change the way it adjudicates disability compensation claims in its various regional offices. The Court cited to statistics that it often takes weeks for a suicidal veteran to get a first appointment at a VA and that it often takes VA an average of four years to fully provide the mental health benefits owed to veterans.
During the trial, emails between high-ranking VA officials were entered into evidence, revealing that VA was aware of the high suicide rates among veterans and that it harbored a desire to keep quiet the number of veterans under its care who attempt suicide. The Ninth Circuit opinion stated that “[n]o more veterans should be compelled to agonize or perish while the government fails to perform its obligation”. The Court found that there were no suicide prevention officers at any of the VA’s 800 community-based outpatient clinics, the screening for suicide by the VA was not rigorous, and that 70% of VA medical centers did not have systems to track potentially suicidal veterans.
The Ninth Circuit also wrote a scathing opinion regarding the way VA handled disability compensation claims. The opinion noted that the processing of an initial claim usually took longer than the 120-day goal set by the VA itself, and that regional offices take more than a year to certify appealed claims which the Court found was “a merely ministerial act”. The Court found that no official with VA “was able to provide the court with a sufficient justification for the delays”.
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
The United States Court of Appeals for the Ninth Circuit unleashed its fury on the VA last week in a decision where the judges ruled that the “unchecked incompetence” by the VA had led to poor mental health care and slow processing of disability claims for veterans. Two nonprofit organizations, Veterans United for Truth and Veterans for Common Sense, filed a lawsuit seeking to force VA to make changes to the way it treats veterans with mental health disabilities and handles compensation claims.
The Ninth Circuit agreed with the plaintiffs’ case that the VA must put mental health initiatives into effect throughout the entire system and change the way it adjudicates disability compensation claims in its various regional offices. The Court cited to statistics that it often takes weeks for a suicidal veteran to get a first appointment at a VA and that it often takes VA an average of four years to fully provide the mental health benefits owed to veterans.
During the trial, emails between high-ranking VA officials were entered into evidence, revealing that VA was aware of the high suicide rates among veterans and that it harbored a desire to keep quiet the number of veterans under its care who attempt suicide. The Ninth Circuit opinion stated that “[n]o more veterans should be compelled to agonize or perish while the government fails to perform its obligation”. The Court found that there were no suicide prevention officers at any of the VA’s 800 community-based outpatient clinics, the screening for suicide by the VA was not rigorous, and that 70% of VA medical centers did not have systems to track potentially suicidal veterans.
The Ninth Circuit also wrote a scathing opinion regarding the way VA handled disability compensation claims. The opinion noted that the processing of an initial claim usually took longer than the 120-day goal set by the VA itself, and that regional offices take more than a year to certify appealed claims which the Court found was “a merely ministerial act”. The Court found that no official with VA “was able to provide the court with a sufficient justification for the delays”.
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, April 13, 2011
New Legislation Will Help MST Victims
by Kristina Derro
Veteran Disability Lawyer
A 2008 survey performed by the military revealed that over 21% of service women are victims of Military Sexual Trauma (MST). Unfortunately, due to the private nature and the stigma attached to this type of assault, along with the embarrassment and fear of retaliation that the victims have, most incidents go unreported. In fact, the Department of Defense has acknowledged that 75% of MSTs are not reported.
Victims of MST suffer through the initial assault and the repercussions during his or her time in service. The victims then end up being re-victimized when they apply for compensation from VA for the assault they suffered. The majority of VA claims for compensation for MST are denied because of a lack of documentation proving that they occurred. At this time, military records documenting MST are destroyed between one and five years after filing. This provides no lasting record for the MST victims.
A new piece of legislation has been recently introduced into Congress by Senator Amy Klobuchar (D-Minn) and is authored by members of both political parties. This Bill will change the way records regarding MST are made and retained across all five branches of the military. The goal is to allow MST records to be kept for a longer period of time, allowing the documentation to be available if and when the veteran ultimately applies for service connection years down the road. The Bill also includes provisions for research on sexual assault and harassment into the military, in an attempt to discover ways to combat and prevent MST from happening in the first instance.
Read more about this piece of legislation at: http://www.vabenefitblog.com/new-bill-addresses-record-keeping-for-military-sexual-trauma/
Do not be discouraged if you suffered from MST while in the military and failed to report it. Here at Legal Help for Veterans, PLLC (LHFV), we have been successful in getting benefits for those service men and women who either did not report the incident at the time it occurred, or had the records destroyed by the time they filed for VA benefits. In lieu of official military documents, we have used testimony from friends and family members who noticed pronounced changes in behavior in the veteran after the MST. Further, military performance reviews that have documented a significant and sudden decrease in performance have also been helpful in indicating that an MST occurred.
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
A 2008 survey performed by the military revealed that over 21% of service women are victims of Military Sexual Trauma (MST). Unfortunately, due to the private nature and the stigma attached to this type of assault, along with the embarrassment and fear of retaliation that the victims have, most incidents go unreported. In fact, the Department of Defense has acknowledged that 75% of MSTs are not reported.
Victims of MST suffer through the initial assault and the repercussions during his or her time in service. The victims then end up being re-victimized when they apply for compensation from VA for the assault they suffered. The majority of VA claims for compensation for MST are denied because of a lack of documentation proving that they occurred. At this time, military records documenting MST are destroyed between one and five years after filing. This provides no lasting record for the MST victims.
A new piece of legislation has been recently introduced into Congress by Senator Amy Klobuchar (D-Minn) and is authored by members of both political parties. This Bill will change the way records regarding MST are made and retained across all five branches of the military. The goal is to allow MST records to be kept for a longer period of time, allowing the documentation to be available if and when the veteran ultimately applies for service connection years down the road. The Bill also includes provisions for research on sexual assault and harassment into the military, in an attempt to discover ways to combat and prevent MST from happening in the first instance.
Read more about this piece of legislation at: http://www.vabenefitblog.com/new-bill-addresses-record-keeping-for-military-sexual-trauma/
Do not be discouraged if you suffered from MST while in the military and failed to report it. Here at Legal Help for Veterans, PLLC (LHFV), we have been successful in getting benefits for those service men and women who either did not report the incident at the time it occurred, or had the records destroyed by the time they filed for VA benefits. In lieu of official military documents, we have used testimony from friends and family members who noticed pronounced changes in behavior in the veteran after the MST. Further, military performance reviews that have documented a significant and sudden decrease in performance have also been helpful in indicating that an MST occurred.
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 6, 2010
Mental Disorders Affecting Americans
by Kristina Derro
A recent study by the Substance Abuse and Mental Health Services Administration (SAMHSA) revealed that more than 45 million Americans, or 20 percent of U.S. adults, had some form of a mental disorder last year. Of those individuals, 11 million suffered from a serious mental disorder to include bipolar or schizophrenia.
This rate included an increase in the finding of depression among adults. Researchers attributed this to the near-record rise in unemployment rates and financial struggles that most Americans had.
SAMHSA found that too many individuals were not getting the help that they needed and the opportunities to prevent a mental disorder, or intervene early when one was already diagnosed, were being missed. Unfortunately, researchers found that there was still a stigma associated with acknowledging and receiving help/counseling for a mental disorder. Compounding the problem was the fact that with the rise in unemployment what naturally follows is the loss of health insurance, leaving many individuals unable to receive treatment. This lack of treatment for individuals with mental disorders could lead to disability, substance abuse, suicides, lost productivity at work, and family discord.
A recent study by the Substance Abuse and Mental Health Services Administration (SAMHSA) revealed that more than 45 million Americans, or 20 percent of U.S. adults, had some form of a mental disorder last year. Of those individuals, 11 million suffered from a serious mental disorder to include bipolar or schizophrenia.
This rate included an increase in the finding of depression among adults. Researchers attributed this to the near-record rise in unemployment rates and financial struggles that most Americans had.
SAMHSA found that too many individuals were not getting the help that they needed and the opportunities to prevent a mental disorder, or intervene early when one was already diagnosed, were being missed. Unfortunately, researchers found that there was still a stigma associated with acknowledging and receiving help/counseling for a mental disorder. Compounding the problem was the fact that with the rise in unemployment what naturally follows is the loss of health insurance, leaving many individuals unable to receive treatment. This lack of treatment for individuals with mental disorders could lead to disability, substance abuse, suicides, lost productivity at work, and family discord.
Wednesday, November 17, 2010
New Agent Orange Regulations and Nehmer’s Implications on Pending Claims
by Kristina Derro
Many individuals have previously filed claims for disabilities that have recently been added as presumptive diseases for Agent Orange exposure. As a result of Nehmer, these individuals can have their previous claims reinstated and adjudicated. The VA is doing just that—hundreds of thousands of previously denied cases have been reopened and are in the process of being adjudicated.
Word from VA is that the U.S. Court of Appeals for Veterans Claims has instructed it to process these claims first, prior to adjudicating other claims. Therefore, we have been receiving word from local Regional Offices that the normal “slow” process at VA has been slowed even further because the VA has been focusing on these Nehmer claims and not working on the other claims.
Word of advice: prepare for a long wait at VA!
Many individuals have previously filed claims for disabilities that have recently been added as presumptive diseases for Agent Orange exposure. As a result of Nehmer, these individuals can have their previous claims reinstated and adjudicated. The VA is doing just that—hundreds of thousands of previously denied cases have been reopened and are in the process of being adjudicated.
Word from VA is that the U.S. Court of Appeals for Veterans Claims has instructed it to process these claims first, prior to adjudicating other claims. Therefore, we have been receiving word from local Regional Offices that the normal “slow” process at VA has been slowed even further because the VA has been focusing on these Nehmer claims and not working on the other claims.
Word of advice: prepare for a long wait at VA!
Wednesday, September 29, 2010
VA to Review 17,000 “Brown Water” Cases
by Kristina Derro
The VA has recently agreed to review the cases of nearly 17,000 “Brown Water” Vietnam Era veterans who have claimed disabilities related to Agent Orange exposure. VA previously denied a number of these claims without properly determining whether they served in Vietnam’s inland waterways (“Brown Water”) or in other locations where they would have been exposed to Agent Orange and other herbicides.
Many of these claims were held by VA while litigation was ongoing concerning “Blue Water” veterans and their exposure to herbicides, and were later denied. A review of these claims found that many of the so-called “Blue Water” veterans actually served in “Brown Water” or inland waters of Vietnam, and should have received the same presumptions of service-connection as those veterans who had “boots on the ground” in Vietnam. Unfortunately, their claims were denied by VA without looking up proper documentation to prove whether they actually served in “Brown Water”.
This recent agreement by VA allows certain veterans who were previously considered “Blue Water” veterans to have their claims reevaluated for evidence of “Brown Water” service, or evidence of service in other locations where VA acknowledges that herbicides may have been used. Visit http://veterans.senate.gov/press-releases.cfm?action=release.display&release_id=4acabc2b-f423-4543-ab3c-e38cece413fc to view the press release and for more information. Links are provided on the press release of a list of ships that have been identified by VA as having traveled in inland waters of Vietnam.
The VA has recently agreed to review the cases of nearly 17,000 “Brown Water” Vietnam Era veterans who have claimed disabilities related to Agent Orange exposure. VA previously denied a number of these claims without properly determining whether they served in Vietnam’s inland waterways (“Brown Water”) or in other locations where they would have been exposed to Agent Orange and other herbicides.
Many of these claims were held by VA while litigation was ongoing concerning “Blue Water” veterans and their exposure to herbicides, and were later denied. A review of these claims found that many of the so-called “Blue Water” veterans actually served in “Brown Water” or inland waters of Vietnam, and should have received the same presumptions of service-connection as those veterans who had “boots on the ground” in Vietnam. Unfortunately, their claims were denied by VA without looking up proper documentation to prove whether they actually served in “Brown Water”.
This recent agreement by VA allows certain veterans who were previously considered “Blue Water” veterans to have their claims reevaluated for evidence of “Brown Water” service, or evidence of service in other locations where VA acknowledges that herbicides may have been used. Visit http://veterans.senate.gov/press-releases.cfm?action=release.display&release_id=4acabc2b-f423-4543-ab3c-e38cece413fc to view the press release and for more information. Links are provided on the press release of a list of ships that have been identified by VA as having traveled in inland waters of Vietnam.
Tuesday, September 28, 2010
Attorneys Cost Plaintiff an $11 Million Judgment
by Kristina Derro
A typo recently cost a plaintiff an $11 million judgment. An NFL cheerleader thought she was suing TheDirty.com, after comments on the website suggested that she had an affair with a player and contracted two sexually transmitted diseases. However, a clerical error by her attorneys in the complaint named the offending website as TheDirt.com, a completely different gossip website.
A U.S. District Court judge ordered TheDirt.com (the wrong website) to pay $1 million in compensatory damages and $10 million in punitive damages for failing to respond to the lawsuit. However, as it appears that the complaint named the wrong defendant, the judgment may be overturned.
Instances like this shed light on the importance of good attorneys—not only ones that know the law and are experienced litigators, but ones who pay great attention to detail.
A typo recently cost a plaintiff an $11 million judgment. An NFL cheerleader thought she was suing TheDirty.com, after comments on the website suggested that she had an affair with a player and contracted two sexually transmitted diseases. However, a clerical error by her attorneys in the complaint named the offending website as TheDirt.com, a completely different gossip website.
A U.S. District Court judge ordered TheDirt.com (the wrong website) to pay $1 million in compensatory damages and $10 million in punitive damages for failing to respond to the lawsuit. However, as it appears that the complaint named the wrong defendant, the judgment may be overturned.
Instances like this shed light on the importance of good attorneys—not only ones that know the law and are experienced litigators, but ones who pay great attention to detail.
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