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
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Showing posts with label legal help for veterans. Show all posts
Showing posts with label legal help for veterans. Show all posts
Tuesday, May 17, 2011
Tuesday, November 2, 2010
VA Starts AO Payments
by Jim Fausone
VA announced that on November 1st it has finally started making payments under the new AO rules. Providing initial payments – or increases to existing payments – to the 200,000 Veterans who now qualify for disability compensation is expected to take several months. The three new presumptive diseases which have been in the press all year are: B-cell (or hairy-cell) leukemia, Parkinson’s disease and ischemic heart disease.
To read more about the VA's efforts in this area read:
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1991
VA announced that on November 1st it has finally started making payments under the new AO rules. Providing initial payments – or increases to existing payments – to the 200,000 Veterans who now qualify for disability compensation is expected to take several months. The three new presumptive diseases which have been in the press all year are: B-cell (or hairy-cell) leukemia, Parkinson’s disease and ischemic heart disease.
To read more about the VA's efforts in this area read:
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1991
Wednesday, September 29, 2010
Post 9/11 Stop-Loss Bonus
by Jim Fausone
Time is running out to apply for retroactive bonus pay for 145,000 military personnel who were forced to remain on duty beyond their original discharge date, following the September 11th attacks. Congress has approved back pay of $500 for each month of involuntary service; the average lump-sum due is between $3,500 and $3,800. Applications must be submitted by October 21, 2010. The DoD is still trying to track down about 90,000 veterans. I suspect a large number of the missing veterans are National Guard and Reserve troops. You can submit your application online at www.defense.gov/stoploss. If you have a relative or friend that maybe eligible for this payment, please pass the information along.
Time is running out to apply for retroactive bonus pay for 145,000 military personnel who were forced to remain on duty beyond their original discharge date, following the September 11th attacks. Congress has approved back pay of $500 for each month of involuntary service; the average lump-sum due is between $3,500 and $3,800. Applications must be submitted by October 21, 2010. The DoD is still trying to track down about 90,000 veterans. I suspect a large number of the missing veterans are National Guard and Reserve troops. You can submit your application online at www.defense.gov/stoploss. If you have a relative or friend that maybe eligible for this payment, please pass the information along.
Tuesday, September 21, 2010
Service Member Life Insurance
by Jim Fausone
SGLI is a VA program that provides low cost group life insurance to members of the Military and Uniformed Services, including commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, cadets and midshipmen of the service academies. Members are automatically insured under Servicemembers Group Life Insurance (SGLI) for the maximum amount of $400,000 unless an election is filed reducing the insurance by $50,000 increments or canceling it entirely.
In addition the SGLI coverage now includes Traumatic Injury Protection. This coverage provides service members protection against loss due to traumatic injuries and is designed to provide financial assistance to members so their loved ones can be with them during their recovery from their injuries. The coverage ranges from $25,000 to $100,000 depending on the nature of the injury.
Make sure if you are entitled to the insurance you demand the lump sum payment. It is best for you to manage the money rather than let VA or its insurer Prudential handle your money.
http://www.military.com/benefits/survivor-benefits/servicemembers-group-life-insurance
SGLI is a VA program that provides low cost group life insurance to members of the Military and Uniformed Services, including commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, cadets and midshipmen of the service academies. Members are automatically insured under Servicemembers Group Life Insurance (SGLI) for the maximum amount of $400,000 unless an election is filed reducing the insurance by $50,000 increments or canceling it entirely.
In addition the SGLI coverage now includes Traumatic Injury Protection. This coverage provides service members protection against loss due to traumatic injuries and is designed to provide financial assistance to members so their loved ones can be with them during their recovery from their injuries. The coverage ranges from $25,000 to $100,000 depending on the nature of the injury.
Make sure if you are entitled to the insurance you demand the lump sum payment. It is best for you to manage the money rather than let VA or its insurer Prudential handle your money.
http://www.military.com/benefits/survivor-benefits/servicemembers-group-life-insurance
Thursday, September 16, 2010
Insurance Death Benefits Greed
by Jim Fausone
Upon the death of a service member, his or her family is entitled to death benefits from service life insurance. The financial press recently broke the story that Prudential Financial did not pay the lump sum to the families as expected. Instead, Prudential Financial Inc. would withhold lump-sum payments of life insurance benefits for survivors of fallen service members. The families, which were entitled to lump sums, were simply given checks to draw down on the amounts owed.
Prudential held $662 million of survivors’ money in its corporate general account as of June 30, according to information provided by the VA. Prudential’s general account earned 4.2 percent in 2009, mostly from bond investments, according to regulatory filings. The company has paid survivors holding Alliance Accounts 0.5 percent in 2010. This is financial greed at its worse. The company earned 3.7% on other people’s money.
If you know someone in this situation, have them contact us. The victims of this greed need to consider a class action to make Prudential pay the ill-gotten gains to the families of our fallen American heroes.
http://www.bloomberg.com/news/2010-09-14/how-prudential-cut-a-deal-with-the-va.html
Upon the death of a service member, his or her family is entitled to death benefits from service life insurance. The financial press recently broke the story that Prudential Financial did not pay the lump sum to the families as expected. Instead, Prudential Financial Inc. would withhold lump-sum payments of life insurance benefits for survivors of fallen service members. The families, which were entitled to lump sums, were simply given checks to draw down on the amounts owed.
Prudential held $662 million of survivors’ money in its corporate general account as of June 30, according to information provided by the VA. Prudential’s general account earned 4.2 percent in 2009, mostly from bond investments, according to regulatory filings. The company has paid survivors holding Alliance Accounts 0.5 percent in 2010. This is financial greed at its worse. The company earned 3.7% on other people’s money.
If you know someone in this situation, have them contact us. The victims of this greed need to consider a class action to make Prudential pay the ill-gotten gains to the families of our fallen American heroes.
http://www.bloomberg.com/news/2010-09-14/how-prudential-cut-a-deal-with-the-va.html
Tuesday, September 14, 2010
New PTSD Rule - New Problem
by Jim Fausone
As many VA watchers know, VA adopted a new law "Relaxation of Evidentiary Standard for Establishing In Service Stressors in Claims for PTSD" dated July 13, 2010.
We at Legal Help for Veterans, PLLC have received the first rating decision taking this law into account. The VA conceded the Vietnam Vet's stressor exposure based on the new rule. This Army veteran had a Vietnam Service Medal and Campaign Medal. VA granted a 10% rating and set an effective date of July 13, 2010. VA did not evaluate the stressors under the old law. If it had, the effective date would have been 9 months earlier. Is this going to be the way VA handles these PTSD cases? VA concedes the stressor under the new law and does not evaluate or give an effective date back to the filing of the claim. It seems to me this is improper when the law was changed to make VA's life easier not to swindle vets on the effective date and retro payments.
Yes, we are going to appeal. I believe the Court will remand and make VA look back to the date of filing the claim using the old law.
We at Legal Help for Veterans, PLLC have received the first rating decision taking this law into account. The VA conceded the Vietnam Vet's stressor exposure based on the new rule. This Army veteran had a Vietnam Service Medal and Campaign Medal. VA granted a 10% rating and set an effective date of July 13, 2010. VA did not evaluate the stressors under the old law. If it had, the effective date would have been 9 months earlier. Is this going to be the way VA handles these PTSD cases? VA concedes the stressor under the new law and does not evaluate or give an effective date back to the filing of the claim. It seems to me this is improper when the law was changed to make VA's life easier not to swindle vets on the effective date and retro payments.
Yes, we are going to appeal. I believe the Court will remand and make VA look back to the date of filing the claim using the old law.
Tuesday, August 31, 2010
Video Answers to Questions
By Jim Fausone
We get asked a lot of questions and try to answer as many as possible by email. We have also provided answers to FAQ (Frequently Asked Questions) on our website. You can also get answers on YOUTUBE. We are now posting short videos that answer common questions and explain some of the inside information on veterans benefits. Please see if we can answer your questions by checking out our YouTube channel. http://www.youtube.com/user/LegalHelpForVeterans
We get asked a lot of questions and try to answer as many as possible by email. We have also provided answers to FAQ (Frequently Asked Questions) on our website. You can also get answers on YOUTUBE. We are now posting short videos that answer common questions and explain some of the inside information on veterans benefits. Please see if we can answer your questions by checking out our YouTube channel. http://www.youtube.com/user/LegalHelpForVeterans
Wednesday, August 11, 2010
Veterans Educational Summit: Navigating the Waters of VA Benefits
By Kristina Derro
Legal Help for Veterans, PLLC is organizing a free event in September that is sponsored by the Canton Community Foundation and the Holbrook Charitable Trust. It will be an opportunity for veterans, their friends, and their family to get together to learn about all the various benefits that are available from VA. The topics will include service-connected benefits, pension, healthcare, various social services, aid and attendance, and housing options.
It will be held September 22, 2010 in Livonia, Michigan at Laurel Manor Banquet and Conference Center. While the event is free, attendees do need to register. For further information and to register, individuals can either access Canton Community Foundation’s website at www.cantonfoundation.org or call them at 734.495.1200.
By Kristina Derro
Legal Help for Veterans, PLLC is organizing a free event in September that is sponsored by the Canton Community Foundation and the Holbrook Charitable Trust. It will be an opportunity for veterans, their friends, and their family to get together to learn about all the various benefits that are available from VA. The topics will include service-connected benefits, pension, healthcare, various social services, aid and attendance, and housing options.
It will be held September 22, 2010 in Livonia, Michigan at Laurel Manor Banquet and Conference Center. While the event is free, attendees do need to register. For further information and to register, individuals can either access Canton Community Foundation’s website at www.cantonfoundation.org or call them at 734.495.1200.
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