Stop Banging Your Head

Jim Fausone
Veteran Advocate

We receive about 300 emails a month asking for help.  We try to sort out those VA disability claims where we can really help.  The first two rules are you have to have a current disability and then explain how it is service connected.  If you just feel entitled or need money or the government owes you for serving, it is not a claim that should be filed or re-filed.  If you do not have a legitimate claim, you are part of the 900,000 claims backlog and only clog the system.

Today I received an email stating, “I am at the point that I must procure legal representation for my claim.  I am on my third appeal.  Have been diagnosed with PTSD and have knee problems as well”.  The veteran was last denied in 2010.

If you wait until your third appeal, or second, to get help, then you are your own worst enemy.  Either you don’t have a legitimate claim (an attorney or VSO should tell you that) or you don’t speak VA’s language and you need professional help.

Stop banging your head against the wall.  Please get help earlier in the process.

Country Fails Texas Veteran

by Jim Fausone
Veterans Disability Lawyer


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

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

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

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

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

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

VA Lacks Resources

by Jim Fausone
Veterans Disability Lawyer

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

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

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

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

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


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

TBI & Purple Heart

by Jim Fausone
Veteran Disability Lawyer

There are two important points here: (1) you are entitled to a Purple Heart if you suffered a TBI as a result of enemy action and (2) because Purple Heart status entitles you to special treatment by VA it is important to receive the Purple Heart. Military Uniform Regulations currently call for awarding Purple Heart medals for "concussion injuries caused as a result of enemy-generated explosions". At the start of these wars, a decade ago, confusion existed about TBI and Purple Hearts but DOD has made it clear that TBI's are eligible.

Read http://www.usatoday.com/news/military/2011-03-17-purpleheart17_ST_N.htm

The VA gives special status to Purple Heart recipients. Veterans who have earned the Purple Heart medal now receive faster service and save money when they access Department of Veterans Affairs health care. So don't just walk away from this medal. It may be important decades from now when you need to access VA health care.

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

Costly Delay

by Jim Fausone
Veteran Disability Lawyer

Anyone involved with the VA disability system knows about the delays that quickly turn from months into years. It starts with the Regional Offices not being able to process the mail and get it in the correct file. It happens at the Board with the snail- slow transfer of files. As long as no one has the file, nothing can get done. It happens at the Court where it takes months for a decision to be made after the Secretary's lawyers have asked for countless extensions.

Well when the Court gets mad enough, it will make the Secretary pay for the delay. The Court awarded $19,000 in attorney fees for the veteran's lawyers time to move VA along. But the real problem is the veteran is without deserved benefits during that period. Maybe if the Court continues to whack the VA it will move a little faster.

http://www.examiner.com/veterans-policy-in-newark/va-secretary-ordered-to-pay-over-19-000-attorney-fees


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

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!

PTSD & Physical Ailments

by Jim Fausone

The VA often funds research that is helpful in understanding complex medical conditions. VA and Stanford University completed a large study that shows that among younger veterans enrolled in VA health care, those with a mental health condition—especially posttraumatic stress disorder (PTSD)—tend to have more physical ailments. The results, published online Sept. 18 in the Journal of General Internal Medicine, explain the link between emotional stress and physical illness.

The researchers examined the records of more than 90,000 Iraq and Afghanistan Veterans who used VA outpatient care in fiscal year 2006–2007. The majority had received a diagnosis of at least one mental health condition. About 35 percent of men and 27 percent of women had PTSD. The link between PTSD and medical (non-mental) illness was stronger among women than among men. Women with PTSD had a median of 7 medical conditions, versus 4.5 for women with no mental health diagnosis. The most common physical ailments for women were lower-back problems, headaches and lower-extremity joint disorders. Men with PTSD had a median of 5 medical conditions, versus 4 for men with no mental health diagnosis. The most common complaints for men were similar to those of women—for example, back and knee problems—but also included hearing loss.

As you advance your disability claim and secondary or related claims, this research may be helpful. Read more at http://www.research.va.gov/currents/oct10/oct10-3.cfm