Service Member Autopsies Are Helping Medical Researchers

James G. Fausone
Veteran Advocate

 

More than one out of every 12 U.S. service members who died during the Iraq and Afghanistan wars were found during autopsy to have early signs of heart disease. While none of the service members were diagnosed with heart disease prior to their deployments, all of them were found to have plaque buildup in the arteries around their hearts. How did such a young, fit group of people "pass" health screenings when they had early-stage heart disease?  Many heart diseases such as plaque build up are asymptomatic in the early stages, showing no sign of trouble down the road.

In the civilian population, according to the Centers for Disease Control and Prevention, heart disease accounts for roughly one-in-four deaths each year, or approximately 600,000 U.S. residents.  

Autopsies performed on service members who died in combat or from other injuries between 2001 and 2011 were originally done to give an accounting of how they died to their family members. The results were studied, not unlike research on autopsy results performed on vets from the Korean and Vietnam wars. Those studies found that as many as 75 percent of the vets had heart disease at the time of death. Those findings were considered critical in helping the medical community recognize that coronary disease could start at a younger age than previously thought, and stay "silent" or asymptomatic for longer than had previously been assumed.

The autopsy results for service members from the Vietnam and Korean wars are not considered directly comparable to that of the Iraq and Afghanistan service members, as researchers believe the draft may have affected the healthier versus less healthy individuals who enlisted voluntarily. Researchers also believe the lower number of service members found with heart disease is likely a strong indicator of a decline in heart disease throughout the U.S.

Researchers looked at more than 3,800 autopsies; 98 percent were men. Of the 9 percent who were found to have plaque buildup in their coronary arteries, roughly 25 percent were found to have severe blockage. Those who had been obese or had high blood pressure or high cholesterol when they began service were far more likely to have excessive plaque buildup. Researchers hypothesized that the lower percentage of heart disease they found was due in large part to improved, early treatment of high blood pressure and cholesterol as well as a drop in smoking among today's service members. Ongoing concerns for heart disease risk include obesity and diabetes, which researchers say still need to be addressed in our country.

Sources

http://bit.ly/JjFzqx Journal of the American Medical Association, online December 25, 2012
http://medcitynews.com/2012/12/autopsies-of-soldiers-killed-in-combat-show-almost-9-had-clogged-heart-arteries/#ixzz2K3pGjZUN

Debate Over Penalties Facing Fraudulent Bottle Returners

Mark Mandell, Esq.

 

The House Regulatory Reform Committee debated bills relating to the fraudulent return of out-of-state cans and bottles for refunds in Michigan. If passed, an individual attempting to return between 100 and 10,000 non-returnable containers could face up to 93 days in jail along with a $1,000 fine. Currently, the law only penalizes those who have actually returned fraudulent containers.

Angela Madden of Michigan Beer and Wine Wholesalers emphasized how this practice hurts businesses. Many Michigan businesses lack the proper machines to read the special mark or code on containers that is meant to prevent this type of fraud.

The committee has yet to vote on the legislation, and while only a dime per returned container does not seem like much, thousands of these returns could be costing the state a pretty penny.

If you have questions about criminal matters, fraud or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com

To learn more and read the original article, please visit: http://www.myfoxdetroit.com/story/21243521/michigan-lawmakers-debate-bottle-return-fraud-penalties

 

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.

Auto Industry Looking to Create Insurance Fraud Authority

Mark Mandell, Esq

Michigan’s auto insurance industry is looking to tackle the issue of fake medical claims relating to auto accidents and scams that involve the billing of insurance companies for procedures more expensive than those actually performed. There has been a recent increase in such questionable claims, and Michigan now ranks third in the nation in such claims. Even Gov. Rick Snyder is onboard, addressing both the issue of auto insurance fraud and no-fault insurance in general during his State of the State address last month.

The robust no-fault insurance provision can be a “magnet for unscrupulous and fraudulent claims activity,” says Meghan Cass, an Allstate Insurance spokeswoman. Under Michigan’s no-fault law, it is required of motorists to purchase unlimited, lifetime medical benefits. While the concept has worked well, it has resulted in steady premium increases.

The proposed Fraud Authority would involve the ferreting out of what scams are taking place while providing financial support to law enforcement, prosecutors, and insurance associations. While insurers may have to dedicate up to $15 million per year towards such an authority; it would save millions more. It is estimated that 10% of all claims in Michigan are fraudulent. The result: the opportunity to save at least $40 million per year.

The high fraud rate in Michigan may be the result of other states cracking down, driving con artists to find new stomping grounds. While Florida and New York grew more stringent, questionable auto insurance claims related to medical issues rose 70% in Michigan from 2010 to 2011.

If the issue of a fraud authority does not get too tied up in the more controversial debate over no-fault insurance in general, some say the creation of such an authority may stand a chance this year.

If you have questions about criminal matters, fraud or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.

To learn more and read the original article, please visit: http://www.freep.com/apps/pbcs.dll/article?AID=2013302170152

 

 

$350,000 Whistleblower Verdict Reinstated

Mark Mandell, Esq.

 

The Michigan Supreme Court has recently reinstated a $350,000 verdict in a whistle-blower lawsuit brought against Lake County by a former employee.

 

Former Lake County 911 department director Cheryl Debano-Griffin sued the county in 2005 under the Whistleblowers Protection Act. Cheryl complained about the handling of emergency funds when property tax money for ambulance services was being funneled into another county account. As a result, Cheryl lost her job.

While Cheryl originally won her case at trial in Lake County Circuit Court, the case has been sent to the state Court of Appeals twice, as well as to the Supreme Court. Most recently however, in a 4-0 opinion authored by Justice Michael Cavanagh, the court did in fact find a causal link between Cheryl’s termination and the complaints she made to the county board.

Cheryl’s objections included opposition towards the use of a Lake County EMS ambulance for the transportation of residents from other counties in non-emergency situations, as well as the county board’s authorization to transfer $50,000 from the ambulance account to a “mapping project account.” However, the board voted to return the funds to the ambulance account two days after voting to merge two county positions, which eliminated Cheryl’s job due to “budgetary problems.”

The court determined that although there may have been financial issues at the time, it did not appear that these difficulties were the board’s motivating factor when it eliminated Cheryl’s position. As a result, the original $350,000 verdict to Cheryl was reinstated.

If you have questions about criminal matters, fraud or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com

To learn more and read the original article, please visit: http://www.mlive.com/news/index.ssf/2013/02/former_911_directors_350000_wh.html?utm_source=WhatCounts+Publicaster+Edition&utm_medium=email&utm_campaign=MiLW+Daily+Alert%3a+Lawyering%2c+24-7%3a+Setting+degree+of+access+by+clients+a+personal+choice&utm_content=Lake+Co.+whistleblower%e2%80%99s+%24350%2c000+verdict+reinstated+%0dby+MSC

 

 

Sexual Assault Bill

Jim Fausone
Veteran Disability Attorney

One of the saddest situations we help with involves military sexual trauma (MST). The rape of men and women in the military is a black stain on the Defense Department. The VA disability process only makes this stain more stubborn.  

We have developed an approach that looks at markers that show the MST even when it has not been reported.  The fact is that 70-80% of MST is not reported.  We often approach the VA process to prove the mental aspect of the MST, such depression, PTSD, etc.  We point out the fall off of performance ratings, discipline issues, AWOL, drug use, alcoholism or dark letters home. 

This unique problem is now getting Congressional attention. The Ruth Moore Act aims to reduce the standard of proof for victims of military sexual assault so that they can more easily obtain benefits, similar to how the Veterans Administration two and a half years ago relaxed the burden of proof for combat veterans with post-traumatic stress disorder.  The Ruth Moore Act, if it passes, would make it so that victims need only a diagnosis of a mental health condition and a link between the assault and that condition to receive benefits.  This is a step in the right direction. Let’s hope Veteran Service Organizations support this bill and Congress acts on this bill.

http://www.stripes.com/news/us/maine-woman-inspires-federal-bill-to-help-military-sexual-assault-victims-get-va-benefits-1.207371

 

Pell Jumpers Cost Taxpayers Millions

Mark Mandell, Esq.

Pell Grants, maxing out around $5,500 per year, are available to college students for tuition payment, as well as living costs such as rent, groceries, and transportation. However, when a student who receives a Pell Grant never shows up to class and disappears with the money, the college is left high and dry.

Because of their lower tuition rates, community colleges are victimized more so than costly universities. When a student signs up for a full semester of classes for $700 to $900, he can choose to pocket the leftover cash, received as a check from the school. While a thousand dollars may not seem like much for a college collecting thousands in tuition money from students every semester, the money lost to these Pell Jumpers adds up. Mark Kantrowitz, a leading expert on financial aid issues, estimates that 3.6 percent of Pell Grant recipients collect the money fraudulently. As a result, taxpayers lose $1.2 billion per school year. In context, it seems, Pell Grant fraud can be incredibly costly.

While colleges can attempt to go after these scammers, it’s an uphill battle to track down students after they leave the school with their check in hand. As a result, the U.S. Department of Education has proposed ways to put a stop to the fraud before it begins: by delaying payments to students until a few weeks into the semester and requiring professors to take attendance, schools hope to differentiate the students who are committed to their education from those who are interested in the money but not necessarily an education. Other suggestions include requiring financial-aid recipients to put a bank account or credit card on file in order to make them more easily traceable if they disappear with their Pell Grant check. However, such tactics may be potentially harmful for those who truly need the money – the delay in receiving a necessary check may prevent students from purchasing text books or paying rent.

One such college, Kellogg Community College in Battle Creek, has implemented such procedures and, and a result, cut its financial-aid losses in half in recent years. While Kellogg Community College represents one success story, there is yet to be an ideal remedy for preventing Pell Jumpers from running away with taxpayer dollars.

If you have questions about criminal matters, fraud or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.

To learn more and read the original article, please visit: http://www.livingstondaily.com/article/20130218/NEWS01/302180313/Pell-Grant-scammers-cheating-Michigan-colleges-out-millions?odyssey=tab%7Ctopnews%7Ctext%7CFrontpage