PTSD – Irritable Bowel Syndrome Link is No Joke for Vets

When Senator Harry Reid requested more funding to the Department of Defense for research on Irritable Bowel Syndrome (IBS), it became a comedic punch-line in the news and in former Defense Secretary Robert Gates’s recent memoir.

However, the link between Post-Traumatic Stress Disorder (PTSD) and the risk of IBS is a real concern for veterans, according to national medical researchers. The Department of Veterans Affairs has determined that IBS is a disorder that can be classified as a disability if related to military service – though the exact cause of the syndrome is difficult to pinpoint.

"The link between being a veteran and having a higher risk of IBS is unclear, partly because the underlying cause [of IBS] is unclear" says Dr. Phillip Schoenfeld, a University of Michigan medical school professor and expert in gastroenterology, including IBS.

Certainly, stress induced from service during wartime may exacerbate symptoms by inducing chemical and hormonal changes. For example, one research finding is that female veterans suffering from PTSD are much more likely to have IBS than female veterans who don’t have PTSD, says Dr. Schoenfeld, who leads the gastroenterology division at the Ann Arbor VA hospital.

In 2010, Congress did request the Institute of Medicine and the National Academy of Sciences to begin a comprehensive review of best treatments for chronic multi-symptom illnesses, or CMI, faced by Gulf War veterans. The report confirmed a growing consensus that no “specific causal factor” will be identified for IBS, however “stress and crowded war theater conditions” that may exacerbate the spreading of infections are suggested as triggers for IBS.

Whatever the cause, the correlation between PTSD and IBS is no laughing matter for veterans. "Irritable bowel syndrome is a disorder that really compromises the daily lives of veterans," Dr. Schoenfeld says.

Schoenfeld further notes that while it is difficult to put a value on what disorders need more research dollars, IBS is not one that should be dismissed as having a negligible impact on veterans’ lives.

Learn more about the Institute of Medicine and the National Academy of Sciences’ study on CMI illnesses here: http://www.nap.edu/catalog.php?record_id=13539

Read more on the issue of PTSD and IBS here: http://www.npr.org/blogs/itsallpolitics/2014/01/16/263087761/doctors-say-reid-request-for-bowel-research-money-no-joke

Breach of Honor by National Guard General

A recent report that a one-star general and former commander of the Michigan Air National Guard scammed nearly $200,000 represents a stain on the reputation of military officers in positions of power.

Brigadier General Richard G. Elliot, Michigan’s former Air adjutant general, is reported by the inspector general (IG) to have used his public office for private gain. Once a federal military technician, Elliot received a federal paycheck. However, in December 2005 he was appointed to serve as the Air adjutant general and commander of the Michigan Air National Guard, making him a full-time employee of the state.

In an effort to quality for retirement benefits, Elliot failed to terminate his federal position as required by law and instead continued to approve his own time and attendance records. As a result, he received more than $194,000, the IG found. The IG further found nearly $20,000 of unwarranted temporary duty travel money.

Perhaps more unfortunate, however, is that we are in 2014: almost ten years from when these abuses of power transpired. Not only did Brig. Gen. Elliot break the law and scam taxpayers, but the investigation to uncover it took nearly five years. Adding more fuel to the flame, Elliot’s boss, Maj. Gen. Thomas Cutler, then Michigan’s adjutant general, knew that Elliot was trying to reach his retirement date and helped Elliot remain on the books as a military technician.

This behavior is symptomatic of the “old boys club” present in the military, and the slow walking of the investigation allowed those implicated to retire without facing charges for what they had done. It should be noted, though, that this lapse of integrity by a few is not representative of the good men and women who serve our country, and our state.

Still, the case does represent a strand of military officers who have a, “boys will be boys” mentality. One way to rout out this thinking is to hasten investigations of such abuses of power and take the possibility of fraud more seriously. There are many who serve as appointed officials with great integrity, and many others who deserve high-level appointments. Cases like this provide an example of how the current system is not working.

Those officials who pull their weight and serve with integrity deserve better. More importantly, the people these officials serve deserve better – not only from those who abuse their power, but those who investigate the abuses.

To read more on the IG’s report and finding, read the Free Press article here: http://www.freep.com/apps/pbcs.dll/article?AID=/201401131511/NEWS06/301130142

“Return Fraud/Return Abuse” Up from Last Year, Costs Retailers Billions

Mark Mandell, Esq.

I write frequently on the penalties and costs involved with committing retail fraud. During harsh economic times, such as now as we emerge from the Great Recession, retail fraud may be a particularly tempting option. However, “return fraud,” a form of retail fraud, may be even more so, especially in the post-holiday season.

Return abuse, sometimes called “friendly fraud,” occurs when a person purchases merchandise without intending to keep it. “Returnaholics” are those who buy and return items excessively either with fraudulent or dishonest intent, or they have an inability to control their shopping habits.

A recent report shows that 5.8% of holiday returns this year were fraudulent, up from 4.6% last year, costing the retail industry $3.39 billion. Return fraud, or return abuse, costs retailers approximately $8.76 billion per year.

Those returnaholics who have fraudulent intent often deceive the retailer into giving a cash refund or credit which is illegal; or, they may not be breaking the law, but abuse retailers’ return policies and buy merchandise with the intent to return it later.

To give a typical example of return fraud, consider the Super Bowl played earlier this month. There have been reports in the past of consumers purchasing big screen TVs specifically for the game, with no intent on keeping their 50-inch flat-screens. Upon the game’s final buzzer, some fraudulent fans don’t pick up the remote again and return their purchase within days.

No matter what form it takes, this practice costs the industry billions per year, and likely contributes to rising prices each year as more and more return fraud is committed. With worsening economic times, the chance of general retail fraud and theft increase, thus compounding the problem for all consumers. The fact is, harsh economic times and increasing prices always increase the chance of theft for retailers, and in the long-run this hurts employees and consumers alike.

Retail fraud is governed by statute - MCL §750.356. MCL §750.356c provides that any person who commits retail fraud in the first degree is punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine. MCL §750.356d provides that any person who commits retail fraud in the second degree is punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine. MCL §750.356d provides that any person who commits retail fraud in the third degree is punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine.

The harsh penalties of retail fraud make having experienced and knowledgeable legal counsel invaluable.  If you have been charged with retail fraud, contact attorney Mark Mandell at (248) 380-0000 or online at www.MichiganFraudLawyer.com. 

Michigan Veterans Not Using Services

Michigan has a significant concentration of resident veterans – around 700,000.  However, in December, it was revealed that Michigan also has the lowest percentage of veterans who utilize benefits and services available to them.

According to a report released by the Michigan Veterans Affairs Agency, only 142,260 veterans use services available to them such as health care and education resources. This number accounts for just 20% of Michigan’s veteran population.

So why aren’t more Michigan veterans taking advantage of these services and opportunities? 

The disparity can be partly attributed to poor information and lack of an organized method for distributing information about these programs.  With no central database for this information, many veterans aren’t even aware of the benefits available to them.  Additionally, the disparity is partly due to a shortage of trained and on-staff service officers necessary to meet the needs of the growing number of veterans leaving the armed forces and taking up residence in Michigan.

In an effort to increase communication and awareness of these available programs, the Veterans Affairs Agency has launched pilot programs in Wayne County and Grand Rapids.  Part of these programs include increasing staff levels to generate demand.

If you are a veteran and have questions about what benefits you are entitled to, contact the experienced professionals at Legal Help For Veterans.  Our team of lawyers and professionals are experts on veteran benefits and can help you get the help you need.  Contact us at 800-693-4800 or online at www.legalhelpforveterans.com.  

Mortgage Fraud: The Scams That Hit You Where You Live

Mark Mandell, Esq.

Mortgage fraud is one of the hardest-hitting scams in the US, and it threatens the dream of homeownership for all too many people. Michigan is among the top states for known or suspected mortgage fraud activity, based on recent law enforcement and industry data.

These scams are especially tricky to combat, as they readily adapt to economic changes and adjustments in lending practices. Mortgage fraud comes in a few forms, primarily: predatory lending, criminal mortgage fraud, and foreclosure rescue scams.

Predatory lending is essentially unfair and deceptive practices on the part of lenders during the loan application process. This can included misleading marketing tactics and incentives for selling risky loans. Recently in Michigan, Countrywide Financial and Ameriquest Mortgage Company settled cases with the state’s Attorney General’s Office worth over $130 million and $13.8 million respectively, providing restitution to consumers.

Criminal mortgage fraud involves the use of artificially inflated appraisals and straw buyers to gain mortgages greater than the property value. The criminals take the extra money from the mortgage and leave the straw buyer out to dry with a mortgage they cannot afford and property worth far less than the mortgage amount.

Lastly, foreclosure rescue scams exploit consumers at times when they are most vulnerable – when they and their families may be forced out of their homes. These “foreclosure rescue companies” take up-front payments to “work with your lender,” and most never deliver on their promise. In Michigan, the Credit Services Protection Act made it illegal, in most cases, to take money up front in exchange for negotiating with your lender. The CSPA is enforced by the Attorney General’s Office, and you can watch out for their consumer alerts on foreclosure scams here: http://www.michigan.gov/ag/0,4534,7-164-17337_20942-215058--,00.html

So how do you avoid mortgage fraud as a consumer? Some steps may require more work at the outset, but they will save you future aggravation and distress from potential fraud. First, seek out referrals for real estate and mortgage professionals when you want to buy or sell a home – and once you are referred, do your homework on them. Also, do your homework on what other homes in the area have sold for.

If it sounds too good to be true, it probably is: Beware of “no money down” loans. These loans are meant to trick people into buying homes they really can’t afford. Therefore, also know your own price range and have an idea going in of what you truly can afford both up front and in the medium and long-run. And finally, don’t let the realtor or mortgage broker force you to make false statements or sign your name to blank documents or documents with empty lines – these are sure signs of potential scams.

For more information on how to protect yourself as a consumer from mortgage fraud, check out the FBI’s website, here: http://www.fbi.gov/news/stories/2008/august/mortgagefraud_081408; and the Michigan AG’s consumer alert website: http://www.michigan.gov/ag/0,4534,7-164-17337_20942-215058--,00.html.

You can read the entire article at:

https://www.michigan.gov/documents/ag/Attorney_Generals_Office_Fights_Predatory_Lending_346680_7.pdf

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

New Spending Bill Continues to Punish Retirees’ Pockets

A $1.1 trillion omnibus spending bill, passed by the House of Representatives on Wednesday this week, continues to punish the pockets of military retirees. I wrote earlier this month about the budget deal that hurt veterans by eliminating Cost of Living Adjustments (COLA) from their pensions – resulting in thousands of dollars taken out of the pockets of retirees under the age of 62. The current legislation keeps the 1% decrease in COLA, which will be a huge blow to service members and commissioned officers.

According to a recent report, “Enlisted service members could lose a minimum of $72,000 over a 20 year period of their retirement, while commissioned officers could face up to $124,000 in lost compensation.”

With a second chance to put money back in the pockets of those who have served our country, Congress has faltered once again. Eighty-two percent of veterans still face significant losses in their retirement pay, only exempting disabled veterans receiving Chapter 61 benefits. This bill restores benefits for only 17.5% of military retirees, while leaving intact generous benefits for federal civil employees.

This bipartisan deal is disappointing and simply unfair. Federal civil employees are allowed to keep their benefits on the backs of the people who have sacrificed so much for our country – our veterans.

Oklahoma Senator Jim Inhofe’s comments are telling: “The fact that we even have to take efforts to restore these retirement benefits in the first place is troubling,” he said. “This is a benefit these men and women were promised when they joined the services and earned by dedicating their lives to protect our national security.”

Learn more about the spending bill’s impact on military retiree pensions and COLA here:

http://freebeacon.com/vast-majority-of-military-pension-cuts-remain-in-omnibus-spending-bill/

VA Findings Expand Service-Connected Illnesses

The Department of Veterans Affairs (VA) linked five more illnesses to traumatic brain injuries (TBI). The good news for veterans suffering from these illnesses, as well as TBI, is that they will have an easier time getting much-needed additional disability benefits.

The five conditions linked to moderate to severe TBI were: Parkinson’s disease, certain types of dementia, depression, unprovoked seizures, and certain diseases of the hypothalamus and pituitary glands.

Those secondary illnesses will be considered service-connected and won’t require medical opinions to establish whether there is correlation to TBI. However, the findings come with some caveats to receiving benefits.

The severity of a TBI must be “moderate to severe” and three of the five illnesses need to manifest themselves within a certain length of time from the TBI. Dementia must manifest within 15 years of a TBI. For depression, it’s three years (or 12 months for a mild TBI). For hormone deficiencies of the hypothalamus or pituitary glands it’s 12 months.

Still, the VA encourages veterans to file claims even if they don’t meet the severity of TBI or length of time between TBI and the secondary illness.

Read more here: http://www.sentinelsource.com/life_and_style/lifestyles/va-links-five-more-illnesses-to-traumatic-brain-injuries/article_ac7eb8fb-17ea-5ec4-b4dc-608069279501.html#.UtcpDp9BXsk.gmail

For more information on veteran benefits and answers to FAQs, visit www.legalhelpforveterans.com and be sure to check out our e-books as well.