VFW, DAV File Joint Lawsuit Against the VA

The Veterans of Foreign Wars (VFW) and the Disabled American Veterans (DAV) filed a join lawsuit on May 6 against the VA to force it to change its submission procedure for new claims. The procedure, says the VFW, was created solely to benefit the VA and not veterans.

The primary issue is that the VA eliminated the informal claims process, according to William Bradshaw, VFW’s director of National Veterans Service. Previously, any form of written communication would have served notice on the VA that within one year the veteran would be filing a claim for disability compensation.

In March, the procedure changed to require all veterans to use standardized forms, which complicates the process for veterans, many of whom don’t have access to computers to get the forms. Therefore, this delay essentially postpones the effective date and denies compensation to veterans.

“The VFW doesn’t oppose the use of standardized forms,” said Bradshaw. “Our opposition is to this all or nothing approach that VA is forcing on veterans — changes, that if left in place, will guarantee in this year alone that tens of thousands of service-connected wounded, ill and injured veterans will be denied benefits they were entitled to before the change became effective.”

This change in procedure has been in the VA pipeline since October 2013, at which time the VFW and DAV fought against the proposed change. Now, with it in effect, the two organizations have teamed up again, this time to file a joint lawsuit against the VA.

There appears to be no reason given as to why the VA couldn’t accept both informal claims and the standardized forms. The lawsuit alleges that the elimination of informal claims unduly harms veterans and reduces veterans benefits, which is unlawful as it goes against the “non-adversarial, pro-veteran principles upon which the veterans benefits system is built.”  

You can read the full lawsuit complaint here:

http://www.vfw.org/uploadedFiles/VFWorg/News_and_Events/Articles/2015_Articles/VFWPetitionforReview2015.pdf

At Legal Help For Veterans, PLLC, we focus exclusively on veterans’ rights. If you are a veteran looking to get the benefits that you deserve, call us today at 1-800-693-4800. We handle a variety of claims for service-connected injuries. www.LegalHelpForVeterans.com

Do Disabled Veterans Have to Pay Property Taxes in Michigan?

A relatively new Michigan law does indeed give some disabled veterans an exemption on their property taxes. And the good news: it’s pretty easy to apply for the Disabled Veterans Exemption.

Disabled veterans, un-remarried spouses, or their legal designee can apply by completing the one page Form 5107 and filing that with your local assessor’s office. If the local Board of Review approves the exemption, then you will be granted a refund for that year’s taxes.

You can download form 5107 here to apply for the exemption:

http://www.michigan.gov/documents/treasury/5107STCAffidavit_441749_7.pdf

Note – Michigan veterans must apply each year for this exemption.

Who qualifies as a “Disabled Veteran” under the law (MCL 211.7b)?

The law defines a disabled veteran as a resident of Michigan who meets one of the following criteria:

(a) Rated 100% for disability as a result of military service by the US Department of Veterans Affairs (VA).

(b) Has a certificate from VA certifying that the veteran is receiving or has received financial assistance due to disability for specially adapted housing.

(c) Rated by VA as individually unemployable.

This is a great money-saving benefit for disabled veterans in Michigan that you should try and take advantage of if you meet the criteria.

Do you need help with your VA disability rating or your VA claim? You can call the team at Legal Help For Veterans, PLLC today. We fight to make sure you get the benefits you deserve from VA. Call us today at (800) 693-4800 or visit us online at www.LegalHelpForVeterans.com. 

Disabled Vets Get Michigan Real Property Tax Break

Jim Fausone

Veterans Disability Lawyer

Michigan Governor Rick Snyder recently signed into law P.A. 161 of 2013. This Act amends MCL 211.7b regarding Veterans Exemptions to read as follows:

 

Sec. 7b. (1) Real property used and owned as a homestead by a disabled veteran who was discharged from the armed forces of the United States under honorable conditions or by an individual described in subsection (2) is exempt from the collection of taxes under this act. To obtain the exemption, an affidavit showing the facts required by this section and a description of the real property shall be filed by the property owner or his or her legal designee with the supervisor or other assessing officer during the period beginning with the tax day for each year and ending at the time of the final adjournment of the local board of review. The affidavit when filed shall be open to inspection. The county treasurer shall cancel taxes subject to collection under this act for any year in which a disabled veteran eligible for the exemption under this section has acquired title to real property exempt under this section. Upon granting the exemption under this section, each local taxing unit shall bear the loss of its portion of the taxes upon which the exemption has been granted.

(2) If a disabled veteran who is otherwise eligible for the exemption under this section dies, either before or after the exemption under this section is granted, the exemption shall remain available to or shall continue for his or her unremarried surviving spouse. The surviving spouse shall comply with the requirements of subsection (1) and shall indicate on the affidavit that he or she is the surviving spouse of a disabled veteran entitled to the exemption under this section. The exemption shall continue as long as the surviving spouse remains unremarried.

(3) As used in this section, “disabled veteran” means a person who is a resident of this state and who meets 1 of the following criteria:

(a)    Has been determined by the United States department of veterans affairs to be permanently and totally disabled as a result of military service and entitled to veterans’ benefits at the 100% rate.

(b)   Has a certificate from the United States veterans’ administration, or its successors, certifying that he or she is receiving or has received pecuniary assistance due to disability for specially adapted housing.

(c)    Has been rated by the United States department of veterans affairs as individually unemployable.

The State has told tax assessors that:

 

This exemption is only available to disabled veterans or, if the veteran has died, to their unremarried surviving spouse who own and use the home as their homestead.

The disabled veteran or their surviving spouse must be a resident of the State of Michigan.

Assessors are advised that eligible disabled veterans will be able to apply for a 2013 exemption at the December 2013 Board of Review. An exemption will cancel the July and December 2013 taxes, but will not cancel any taxes levied before 2013.

The Act requires an Affidavit be filed but does not require this Affidavit to be an official State of Michigan form. A standard Affidavit is not planned to be developed at this time.

If you qualify do not miss out on this tax break for those who became 100% disabled serving the country.

Annual National Veterans Wheelchair Games Welcomed More Than 500 Athletes

More than 500 military veterans participated this July in the National Veterans Wheelchair Games. The annual multi-event program features vets who compete in sports events using wheelchairs due to amputations, neurological issues or spinal cord injuries.  Approximately 25 percent of the competitors competed for the first time. The games promote both national and world-class sports champions and also allow newly-disabled vets to meet and socialize with other wheelchair athletes and get introduced to other wheelchair sports competitions.

"Events like the National Veterans Wheelchair Games are a not only a good time for vets to get together and compete," commented veteran disability attorney James Fausone, "They are also great opportunity to show the public how capable and active so many disabled vets are. We are still facing an uphill battle when it comes to disabled veterans and underemployment, and in seeing them fully integrated in the media when it comes to civilian life."

Athletes are placed in competition in the events ranked with those of similar athletic abilities, age and/or competition experience. Events include archery, air guns, field events, bowling, basketball, hand-cycling, power soccer, slalom, quad rugby, swimming, softball, track, weightlifting and more. The Games are overseen by Paralyzed Veterans of America and the Department of Veterans Affairs, funded in part by civic and corporate sponsors as well as veteran service organizations. The Games are also backed by more than 3,000 local volunteers, many of whom return every year to assist in everything from transportation assistance to ticket taking, water distribution, meals and crowd control.

 

In tandem with the National Veterans Wheelchair Games was the annual Kids Day event. Now in its 14^th year, the Kids Day event offers local children with physical disabilities the opportunity to try adaptive sports activities. Kids Day is designed to promote active and fun activities as well as teamwork and determination to children with physical disabilities. Participating children are traditionally presenting with participating medals by veteran athlete mentors at the conclusion of the Kids Day events.

The Games first began in 1981 in the Tampa, Florida area. Thousands of disabled veterans have participated over the past 33 years in the events designed to support sports, competition and camaraderie among the nation's military.

Source

http://www.va.gov/health/NewsFeatures/2013/July/600-Veterans-to-Seize-the-Day-in-Tampa-Bay.asp

Increasing Public Visibility of Wounded Vets

Jim Fausone
Veteran Disability Lawyer

 

A record 2.2 million tickets were sold for the 2012 Paralympics, hosted by London August 29 through September 9. NBC, which covered the London Olympics in August 2012, will be covering the Paralympics Games for the first time, as well as airing four specials which highlight aspects of the Games. The United States' 2012 Paralympics team includes 20 military veterans and active-duty servicemen and women, some of whom were injured in combat.

The International Paralympics Committee has reported an increase in news coverage by the U.S., as well as record participation, with more than 4,000 Paralympians, from 165 countries, slated to compete in everything from archery to wheelchair tennis.

The increased audience for the Paralympics may be in part due to a growing awareness by Americans that some military personnel are coming back from Afghanistan and Iraq, among other places, with lasting reminders of their service. It is estimated that more than 47,000 military personnel have been injured in recent conflicts, and as many as 400,000 servicemen and women have some form of combat-related depression, post-traumatic stress disorder and anxiety. 

The public has also been exposed to wounded servicemen by seeing people like Army infantryman J.R. Martinez on the small screen. Martinez, badly burned in Iraq, won 2011's season of ABC's "Dancing With the Stars" and was a fixture on daytime TV, playing a wounded veteran on the soap opera "All My Children." He was just named the 2012 Outstanding Disabled Veteran of the Year.   

Meanwhile, the Wounded Warrior Project, a Jacksonville-based nonprofit organization, works with military veterans to become active in adaptive sports. Activities include abled, disabled and differently-abled participants doing things in communities across the U.S. and internationally; recent outings include scuba diving in an aqua park in Pennsylvania, bike riding in Germany, and surfing off California's coast.

And in Minnesota, the Minnesota Warriors are a stand up amputee hockey team made up of some 40 disabled men and women who served from Vietnam to Afghanistan. The team was started to help support veterans and get them out on the ice, but now also bringing in community involvement and support. 

A more homespun approach has been taken by a number of Pizza Hut franchises in North Carolina. Some 45 of the pizza parlors are placing signage in the parking lot that designates a "Wounded Warrior" parking spot to reserve the place for wounded veterans.

“They are not being thanked or seeing that we appreciate what they have done,” said Virginia Maloyed, the wife of Marine Iraq War veteran. It was Maloyed's idea to approach Pizza Hut to install the signs. “This is a way to say, we remember - we remember, and we appreciate your sacrifice.”

• http://www.london2012.com/paralympics/sports/
• http://www.huffingtonpost.com/2012/08/29/paralympics-2012-coverage_n_1840434.html?utm_hp_ref=impact
• http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20120828/NEWS/208280340/-1/NEWSMAP
• http://www.citizen-times.com/article/20120829/BLACKMOUNTAINNEWS/308290035/-Wounded-Warriors-honored?odyssey=mod%7Cnewswell%7Ctext%7C%7Cs
• http://minnesota.publicradio.org/display/web/2012/03/12/minnesota-warriors-disabled-vets-hockey-team/

Missing Benches – No One is Thinking

Jim Fausone
Veteran Disability Lawyer

 

Even in a system notorious for the occasional bureaucratic bumble, this one had people scratching their heads. Outside the Washington, D.C. Veteran's Medical Center, where the sick, the disabled, the elderly and the tired would sit and wait for their rides, or to escape the heat, benches were missing. Hospital administrators recently removed a number of benches in front of the building, leaving disabled veterans and the elderly, among others, to stand outside or in the hospital foyer while waiting for the bus or a ride to pick them up.  Some even sat on radiators in the hallways. No folding chairs or other seating was provided.

In way of an explanation, a spokesperson for the VA hospital stated, "The facility is developing a new Front Drive Plan to alleviate congestion and move veterans and visitors through the area safely. The seating will be replaced once the new design plan is approved and completed." Why planners did not simply leave the benches in place until the new design plan was implemented is unknown. The new plan is slated to be approved, though not completed, according to reports, by this November.

According to Rep. Jeff Miller, Chairman of the House Committee on Veterans’ Affairs, “VA should put the comfort and safety of veterans visiting the DC VA first. If a renovation is being considered to alleviate traffic in that area, then the current seating should remain as long as possible to accommodate veterans using the facility and an alternate entry site, with seating, needs to be planned for in the meantime.”

The local "7 On Your Side" news crew headed out to cover the story on August 29; less than 24 hours later, a forklift appeared, and the benches were reinstalled.

 “We understand the hospital’s stance that this was part of an overall renovation plan," said Ryan Gallucci, Deputy Director of National Legislative Service for the VFW. "We would encourage hospital administrators to quickly come up with an interim solution to make sure veterans – many of whom are at the hospital because they are ill, injured or disabled – have reasonable accommodations while they wait for their ride."

 
http://www.wjla.com/articles/2012/08/veteran-s-medical-center-removes-benches--79370.html

http://www.wjla.com/articles/2012/08/washington-va-hospital-returns-benches-after-7-on-your-side-report-79410.html

Large State – Long Wait

Jim Fausone
Veteran Disability Lawyer

 

While the official U.S. policy is to support disabled veterans with medical care, financial support and retraining, the support they receive has been found to be less than timely. Veterans located in Northern California, for example, wait, on average, more than nine months for war-related disability claims filed with their regional VA office. Meanwhile, vets who live in Nebraska or North Dakota receive their benefits sooner than those who live in Atlanta, Chicago or New York. Geographic inequity has been found to be rampant in lower-populated areas, according to a report by The Bay Citizen and the Center for Investigative Reporting. 

"Everyone agrees that we need to do a better job supporting our veterans when they return home," says veterans disability lawyer James Fausone. "It's no surprise that the entire system is painfully overloaded, but knowing that doesn’t help get disability support into the hands of our vets."

On average, the Office of Veterans Affairs takes more than eight months to process a claim, and despite claims of improved processes, a new $300 million computer system, and more than 3,000 claims processors hired in the past two years, that time is only increasing: The Bay Citizen reports it takes 50 percent longer to have a claim processed in 2012 than in 2011.  The new computer system has been placed in only four VA offices; claims are still on paper, in files and must be handed from office to office and onto a claims representative's desk to be processed. Meanwhile, veterans in both New York and North Texas are waiting, on average more than 12 months. An appeal filed on a denied claim, the report states, can take as long as three-and-one-half years for resolution.

While the VA has publicly pledged to process all backlogged claims by 2015, the number of vets waiting is only growing. As of the end of this July, there were more than 907,000 claims, with 832,000 individuals waiting on disability or survivor benefits, and thousands waiting on pension or GI Bill education benefits. The agency reports that new claims filed annually have increased by 48 percent, though the number of new claims representatives has increased by only 5 percent.

The Bay Citizen has posted an online interactive map to help vets find out the wait times in store for them, based on their location. The map information updates weekly and can be accessed at http://www.baycitizen.org/veterans/interactive/map-disabled-vets-stuck-backlog-limbo.