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Archive for June, 2010
Wednesday, June 30th, 2010
Ted Darcy is a private researcher and has spent his last 20 years attempting to identify remains of U.S. soldiers declared missing in action during World War II. To date, he has positively identified the remains of 7 soldiers; he expects to match up to 19 more this week.
The 7 Darcy identified are all from the 1944 Battle of Saipan. This is a fairly significant accomplishment given the entire military confirms only 72 soldiers per year from ALL U.S. wars combined. Darcy turns all his work over to the military for verification and confirmation.
To speed up his work, Darcy meticulously combined two separate sets of government information and built them into his own personal, single, and searchable database. Darcy successfully combined information regarding physical descriptions of MIAs with autopsy information of slain service members buried as unknowns.
Darcy wants to bring home 4,500 American MIAs. Of the 88,000 American MIAs, approximately 78,000 of them are from WWII. To date, Darcy has identified almost 9,000 nameless WWII soldiers and is now working on matching these remains to his list of names.
The military’s Joint POW/MIA Accounting Command (JPAC) is in charge of retrieving the remains of missing and or lost soldiers. Their verification process may include using DNA confirmation, which Darcy does not perform, and can take years to complete. The team consists of:
- Forensic anthropologists;
- Archaeologists; and
- Corroborative experts.
Darcy is using the Battle of Saipan as his test run for his new database. Saipan has 70 unknowns and 141 MIAs and is only 1 of 29 battles he plans on analyzing. In order to identify MIA’s, Darcy looks at a list of factors and if 90% of them match, he will then contact family members for more details. The factors Darcy examines are:
- Race;
- Dental records;
- Shoe size;
- Height;
- Weight; and
- Broken bones.
Darcy performs these searches on his own because, in his opinion, the military involves too much bureaucracy when they do their own searches. This bureaucratic wall, according to Darcy, prevents searches for MIAs being performed as they should be performed.
Learn more about identifying MIAs from WWII.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: Battle of Saipan, MIA identification, WWII MIA
Posted in General, VA News | No Comments »
Tuesday, June 29th, 2010
It is axiomatic that as veterans get older, those veterans will make more disability claims. Over the last two years, veterans filing for and receiving disability payments for sleep apnea has increased 61%. According to the Department of Veterans Affairs (VA), this costs taxpayers more than $500 million per year.
Sleep apnea is a disorder which forces sleeping people to gasp for breath and awaken often. Apnea has become associated with health problems ranging from simple issues such as daytime drowsiness to more serious harms as heart disease.
Obesity seems to be the top risk factor for developing sleep apnea. Some sleep experts also believe contributing factors may include soldiers’ exposure to smoke, dust, and other toxins in places such as Iraq and Afghanistan.
This belief may or may not be related to the fact that veterans are 4 times more likely than civilians to develop sleep apnea. Approximately 20% of veterans suffer from sleep apnea compared with 5% of the civilian population. As a result, the benefits veterans drawn for sleep apnea are far greater than what is offered in the private sector. This is most likely because there has been no is to date no connection between sleep apnea and any civilian occupation.
Three years have passed since Congress asked the VA to be more attentive to veterans suffering from sleep apnea. More veterans have sought treatment as awareness has grown; this is the root of the veterans’ increase in disability claims.
Veterans with disability ratings of 50 are the largest group of veterans currently receiving benefits. Disability payments to this group of veterans for sleep apnea rose from $306 million in 2008 to $534 million in 2010. Veterans are also able to receive benefits while working, which is in opposition to the Social Security Administration’s policy, which recognizes sleep apnea as a disability.
While some may be predisposed to developing sleep apnea, weight gain seems to be a major contributing factor. As veterans age, their level of exercise will decrease. For many this is due to injuries to their knees and hips, for example, preventing them from maintaining the same level of activity.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: disability benefits, Disabled Veterans, Sleep Apnea, VA health care
Posted in Disabled Veterans, Veterans' Benefits, Veterans' Disability | No Comments »
Monday, June 28th, 2010
Angel Ocasio-Reyes decided one day to dress up as a Marine, display medals and awards he never earned, and parade himself around local military establishments. Worse, Ocasio did not serve one day in the military. The most egregious of Ocasio’s violations was wearing the Navy Cross, America’s second highest military honor.
Ocasio was charged with 3 federal misdemeanors under the Stolen Valor Act. Last week he was sentenced to 3 years probation and 120 days of community service at a veteran’s organization.
Contrary to his claims of admiring the military and not wanting to hurt anyone, Ocasio’s actions marred the tens of thousands of soldiers who have earned their medals of valor through their deeds. His actions are much more offensive to those family members of soldiers who were awarded their medals of valor posthumously. His disgraceful, shameful, and dishonorable actions demonstrated anything but admiration and concern.
This was also a planned series of events; not a spur-of-the-moment thought. Ocasio bought the uniform in an Army-Navy surplus store in New York and paid a friend for his DD-214. Ocasio altered the DD-214 and awarded himself a plethora of medals and decorations; including the Navy Cross. Once his fraud was complete, Ocasio visited American Legion Halls in Riverview and Seminole and attempted to meld into the local military culture.
Not a person in the courtroom was swayed by the defendant’s apologies. Since 1919 there have only been a couple of thousand Marines awarded the Navy Cross-it is not an easy standard to meet and is only issued to those soldiers demonstrating extraordinary heroism. Most, if not all, current and former service members likely believe impersonating those men who have earned that medal is one of the most despicable crimes a person can commit.
Presiding U.S. Magistrate Mark Pizzo did not feel Ocasio’s actions warranted time in jail despite the sentencing guidelines allowing for the imposition of 0 – 6 months. While Ocasio’s sentence will end someday, his affront towards all veterans will never fade.
Tags: Angel Ocasio, Navy Cross, Stolen Valor Act
Posted in General | 1 Comment »
Thursday, June 24th, 2010
Recovering from a severe injury is a difficult process. Like any task, however, having the right tools makes completing the task much easier. For the first time ever, a company in Palo Alto, CA is working to help veterans recover from their injuries with specialized equipment. The equipment is hand-built and customized to fit the recovering veterans.
The outdoor rehabilitation facility is located at the Palo Alto Department of Veterans Affairs (VA) Medical Facility. This gym is the first of its kind in that all the equipment in the gym was specially designed and adapted for the veterans who would be using it for their rehabilitation. Disabled veterans returning from Iraq and Afghanistan played key roles in designing the equipment that will be used by injured veterans who cannot stand or easily move around.
Triactive America is the company building the prototype exercise machines and Adrian Hongo is one of their engineers. Veterans report running is the one exercise they miss the most. Veterans complained that their disabilities did not allow them cardio workouts. Hongo’s team answered this call, in part, by designing a wheelchair treadmill. They coupled this with specific weight machines designed to be operated by high-speed motions to provide veterans with an aerobic workout.
The gym being outdoors most likely adds an additional psychological benefit for the veterans. Most people feel better when they are exercising outdoors. Giving veterans the ability to work out again as well as the ability to work out outside will hopefully inspire the veterans to become engaged in the program.
The VA now has the prototypes and is working to improve them so this concept can be spread to other VA facilities. A federal grant of $10,000 provided the VA with the funds necessary to purchase the machines. The time and materials necessary to build the outside terrace were 100% donated by a local construction company.
Learn more about rehabilitation programs being built specifically for veterans.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: Disabled Veterans, rehabilitation equipment for disabled veterans, VA Health Care System, veteran rehabilitation
Posted in Veterans' Disability, Veterans' Resources | No Comments »
Wednesday, June 23rd, 2010
With research being as progressive as it is, modern treatments for post-traumatic stress disorder (PTSD) come in all shapes and sizes. Treatments range from individualized and specific to broad group settings.
What is being discovered, however, is that PTSD treatment methods involving veterans taking pills are not the most favored or effective. While usually used to treat physical pain, acupuncture is now being investigated as a possible treatment for PTSD.
With as many people as the military is responsible for treating under their plan and under the Department of Veterans Affairs (VA), they have become the biggest advocate of alternative methods for treatment. The intricacy of some of the conditions soldiers and veterans face force the military to not take a single, static approach towards treatment. This means the VA has become pro-active and flexible when it comes to treating the complex conditions they face.
PTSD is the most common of all mental health problems soldiers cycle back to civilian life with. There are approximately 16 programs in place or being developed across the military focusing on treatment for soldiers with PTSD.
The VA is actively studying PTSD treatments such as acupuncture that allow soldiers to remain in the military. While research has not definitively proven acupuncture is an effective PTSD treatment, it has been proven to be effective in many similar situations, e.g., for those suffering from depression.
The specifics of how acupuncture works is not something that is currently well understood. The needles’ placements are believed to stimulate the central nervous system. This, in turn, restores a person’s balance of health.
At this point, acupuncture is not a cure-all. All it can be used for at this point is a supplement to western medicine as it is understood. The more effective it is proven to be in the treatment of PTSD, the more likely it will be used more often.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: Acupucnture, PTSD, Veterans Health
Posted in General, Veterans' Disability, Veterans' Resources | No Comments »
Tuesday, June 22nd, 2010
Rep. Joseph Aresimowicz (D-Berlin/Southington) introduced the Concerning Prescription Drug Benefits For Veterans In Nursing Home Facilities Act, which the Governor of Connecticut recently signed into law. The bill provides specific medical benefits for those veterans living in nursing home facilities.
Under this new law, nursing homes are not allowed to limit veterans’ access to those prescription drug benefits made available through their state Department of Veterans Affairs (VA). The current law applies to veterans who live in skilled nursing homes, which are those homes providing higher levels of care than standard nursing homes.
Because of current rules concerning how drugs are packaged, veterans living in skilled nursing homes are not allowed to receive their drugs directly from the state VA. Different nursing homes require different packaging, e.g., pills packaged in bubble packs as opposed to being supplied in a bottle.
Nursing homes say preferring bubble packages is due to quality control. VA distributed drugs do not exist in bubble packs so veterans eligible to receive VA drugs would not be able to access those drugs at the VA cost. Therefore, once the veterans enrolled in the nursing facilities they could no longer access their drugs at VA costs.
State VAs can not pay for medications the way they can pay for veterans’ room and board. This puts veterans in the position of having to pay out-of-pocket or apply for state medical assistance, which will likely cost hundreds of dollars more than their costs when paying through the VA.
Under this new law, nursing homes are allowed to provide unpackaged drugs, which are provided by the VA, to all qualifying veterans. This law helps both veterans and the state. Veteran-patients in nursing homes can utilize lower drug costs as private payers, and the state will save money as they will not have to pay for veteran-Medicaid patients.
The savings to the veterans are significant. Qualifying veterans receiving VA supplied drugs spend $8 a month irrespective of their income. That same veteran paying for the same medication while living in a nursing home would pay $130-$150 per prescription. Additionally, that veteran would not be covered by the VA.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: VA Benefits, VA health care, VA Prescription Drugs, VA skilled nursing homes
Posted in VA News, Veterans' Benefits | No Comments »
Monday, June 21st, 2010
Because so little is known about post-traumatic stress disorder (PTSD), research is constantly being done to get to the root of the disorder and its symptoms. Researchers in Chapel Hill are looking into the possibility of zeroing in on specific symptoms as a way to treat Iraq and Afghanistan veterans suffering from PTSD and anger management issues.
Researchers expected their results to follow where the data was pointing, which was that certain PTSD symptoms were connected to aggressiveness on a consistent basis. Instead, they found those soldiers suffering from anger, hostility, and aggressiveness following their deployment were more likely to be related to hyperarousal symptoms. Those symptoms include:
- Sleep problems;
- Being “on guard” all the time;
- Jumpiness;
- Irritability; and
- Difficulty concentrating.
Studying the 676 veterans participating in the study, researchers identified some features related to anger and hostility. According to their conclusions, these features increase the likeliness soldiers will develop issues adjusting to civilian life following their deployment.
Veterans suffering from hyperarousal symptoms, serving more than 12 months on deployment, experiencing combat during their deployment, and experiencing family violence prior to joining the military were all likely to be unable to control violent behavior.
More than other veterans, those veterans with hostile dispositions were more likely to suffer hyperarousal symptoms and come from a background of childhood abuse or familial mental illness. Those veterans struggling to manage their anger also suffered hyperarousal symptoms as well as other stressors.
Learning how to manage risk factors such those associated with PTSD and hyperarousal is of critical importance to both veterans and their families.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: hyperarousal, PTSD, Veterans disability, Veterans Health Care, Veterans’ Mental Health
Posted in General, Veterans' Disability | 1 Comment »
Thursday, June 17th, 2010
Veteran groups usually work together toward the goal of helping veterans. A new bill, however, has many of these groups squaring off with one another. If passed, this new bill would allow veterans using the Post-9/11 GI Bill not for school or education, but to start or run their personal businesses.
The Veterans’ Entrepreneurial Transition Business Benefit Act (HR 114) is the first of its kind. The American Legion and the Paralyzed Veterans of America both support the bill. Groups in opposition include both the Veterans of Foreign Wars, which is the nation’s largest combat veteran group, and the Department of Veterans Affairs (VA).
The House Veterans’ Affairs Committee’s economic opportunity panel is currently taking the bill into consideration. It has been in front of the panel since January of 2009. The belief is a resolution will not be reached on this bill unless the issues between these opposing groups can be settled.
The American Legion argues college does not suit every veteran. They believe as long as the money is there, it should be able to be used to allow veterans to run their own businesses. The end result is veterans being able to support themselves and their families with the money they earned while in service. Many veterans face financial issues when they leave the service and this money could be vital for them.
The Post-9/11 GI Bill pays $1,368 a month up to 36 months for qualifying veterans. Arguments in support of the bill rest on the idea that Congress should stand behind veterans should those veterans decide to take an entrepreneurial path as opposed to an educational one. Groups argue Congress’ ultimate goal should only concern the future of the veteran.
The VA maintains using the GI Bill money this way would force the VA to draw conclusions as to every veteran’s personal business plans. These are concerns best left to the Small Business Administration, according to VA spokespeople.
While this may not have been the original intent of the Post-9/11 GI Bill, there is nothing to say it cannot be modified. If these veterans groups cannot come to some conclusion, however, there will never be any modification.
Learn more about the new legislation proposing a new use for Post-9/11 GI Bill funds.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: American Legion, HR 114, Post-9/11 GI Bill, Veteran Legislation, Veteran-owned businesses, veterans education, Veterans’ Entrepreneurial Transition Business Benefit Act
Posted in General, VA News | No Comments »
Wednesday, June 16th, 2010
Energy conservation is a very popular topic these days. More people are demanding cleaner methods of producing energy than ever before. Times are tight and if money can be saved by using a more efficient source of energy, that source becomes a very attractive option.
Working off this premise, the Department of Veterans Affairs (VA) Medical Center in Martinsburg, W. Va. (VAMC) employs two electrically driven maintenance vehicles. The medical center will build two solar-powered charging stations for these vehicles.
Essentially, the maintenance vehicles will charge while parked in the open sheds. The solar components will be installed on the roofs of the sheds. Cabinets existing under the sheds will house:
- Storage batteries;
- Charge controllers;
- Inverters;
- Chargers;
- Meters;
- Disconnects; and
- Fuses.
The roof panels will be angled towards the south in order to collect as much sunlight as possible. The panels themselves will absorb enough sunlight to not only restore an adequate charge on the vehicles but enough to maintain that charge level. While the panels charge during the day, the vehicles will charge at night by utilizing the energy from the storage batteries.
This project will come with a price tag of approximately $100,000 – $250-000. Bidding on this project is limited solely to service-disabled veteran owned small businesses. The VAMC services approximately 129,000 veterans and if this initial investment saves money in the long run, it is well worth the money.
Tags: electric vehicles, solar energy, Solar Panels, VA Health Care System, West Virginia VA Medical Center
Posted in General | No Comments »
Tuesday, June 15th, 2010
Samuel McCullough scheduled a surgery at the James A. Haley Department of Veterans Affairs (VA) in Tampa, FL. Three days prior to the surgery McCullough showed up to the VA hospital suffering from severe pain in his neck and upper back. A doctor prescribed a pain killer and a muscle relaxant. The next day he returned complaining of the pain having worsened. The treating doctor took note of his fever, prescribed another pain killer, and sent him home.
The next day McCullough showed up for his hernia surgery. A few days later, McCullough was rushed to another hospital’s emergency room with a fever and paralysis of his limbs. McCullough was diagnosed with a bacterial infection that caused a spinal abscess. 10 days following the hernia surgery McCullough was a quadriplegic.
Eventually he sued the VA hospital under the claim their failure to discovery and properly diagnose the abscess lead to his paralysis. He further claimed performing the hernia operation made an already bad situation worse.
Unfortunately for McCullough, he waited over 2 years to file his lawsuit after being told his abscess caused his paralysis. Accordingly, the District Court dismissed McCullough’s lawsuit as untimely.
Judge Beverly Martin of the 11th Circuit Federal Appeals Court in Atlanta unenthusiastically agreed with the lower court’s decision. That McCullough missed his filing deadline and allowed the Statute of Limitations to run on his claim is unfortunate but the court had no ability but to affirm the lower court.
Learn more about McCullough’s lawsuit against the VA for their failure to detect a crucial abscess prior to his surgery.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: Disabled Veterans, VA health care, VA healthcare, VA lawsuit, VA medical malpractice
Posted in Disabled Veterans, Veterans' Disability | No Comments »
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