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Archive for September, 2010
Monday, September 13th, 2010
At least 89,836 veterans and soldiers were involuntarily held past their military separation date as part of the military’s stop-loss program between 11Sep2001 and 30Sep2009. Under the military’s Retroactive Stop Loss Pay program, the military is paying them for their time held over. On average, those payments will total $3,500.
More specifically, the military will pay $500 for every month or partial month soldiers were held on active duty past their separation date in any Department of Defense (DoD) branches of the military. The Army was the only branch of the military to stop-loss their soldiers past 2003. In fact, they’re still doing it, although that practice is rumored to end by March, 2011.
There is a caveat however, and that is the deadline. Qualifying veterans and soldiers were only given a one year to make their claim for the special pay under the Retroactive Stop Loss Special Pay program. That deadline is October 21st, 2010; a mere 6 weeks away. Surprisingly, only 38% of eligible service members have made their claim and there is still $320 million to pay those soldiers owed the payments. Further, if the soldier or veterans served in any selected Combat Zone Tax Exclusion area, the Retroactive Stop Loss pay may be tax-free. Those Tax Exclusion areas include Iraq and Afghanistan.
Even without all the required documentation, qualifying service members should still apply. Following the application, counselors will then help the soldier continue to process their application. Not all eligible veterans and soldiers know about the program, so it’s important that word gets out. Pay attention to that deadline, however, because any applications received after 21Oct2010 will not be processed.
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: Combat Zone Tax Exclusion area, Department of Defense, Retroactive Stop Loss Pay program, Special Pay, stop-loss
Posted in General, Iraq-Afghanistan War, Veterans' Benefits | No Comments »
Thursday, September 9th, 2010
The Department of Veterans Affairs (VA) has had problems processing claims for veterans’ Post-9/11 GI Bill benefits since last year. Because the VA did not have a 2010 rate table for housing allowances, veteran-students did not receive their housing increases this January. The VA will issue checks to every veteran-student who did not receive their proper housing allowances dating from 1Jan10.
The beginning of 2010 brought higher housing costs for most veteran-students. The housing stipend from their Post-9/11 GI Bill was supposed to adjust for this increase, but that did not happen due to the VA’s faulty claims processing system.
Just weeks shy of the beginning of this fall semester the VA went live with their new, partially automated, Post-9/11 GI Bill claims processing system. When the military updated their housing allowances, however, those increases were not integrated by the Post-9/11 GI Bill system. Therefore, veteran-students’ housing allowances were not increased in their stipend checks.
When the new Post-9/11 GI Bill system went active, it made the adjustments dating back to the first of the year and began issuing checks. Those checks are retroactive for 153,000 veteran-students who were attending college in Spring, 2010.
For most veteran-students, the retroactive check for the difference between the 2009 and the 2010 housing allowances will not amount to much money. For others, the checks could be as much as $250 a month. The difference in rates depends on where the veteran-student attends college and how much housing was raised for the Spring semester. On average, veteran-students will receive checks for just under $100 a month.
The checks will be directly deposited within the first 3 weeks of September. The checks will cover housing allowances covering 1Jan10-31Jul10. Hopefully this new system will prevent the VA having to play catch up with veteran-students again.
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: Housing Allowances, Housing Stipends, Post-9/11 GI Bill, Retroactive Housing Checks, veteran-students
Posted in General | No Comments »
Wednesday, September 8th, 2010
The Department of Veterans Affairs (VA) is spending millions of dollars maintaining abandoned, decrepit, and useless buildings. More than a few of these buildings have been condemned as health hazards. Yet every year, taxpayer money is spent to keep these structures standing.
Of the VA’s estimated 5,507 buildings, up to 314 of them are vacant. Contrary to what logic may dictate, it takes an extraordinary amount of money to keep these abandoned buildings standing. Just how much it takes is a point of contention. The VA reports only spending $85 million in maintenance on these buildings in 2007 and only $37 million in 2009. The Government Accountability Office (GAO) claims the figure is closer to $175 million per year since 2007.
Because many of the buildings may contain hazardous materials, the VA claims it will cost more to demolish the buildings than to sustain them. Selling the buildings isn’t a viable option either due to restrictions on VA lease agreements and federal property guidelines. According to the VA, their hands are tied and they have to continue to pay to sustain these properties.
The VA released a statement claiming they are attempting to rid themselves of unnecessary property as quickly as possible. The VA continued to say that given the choice between providing patient care and demolishing buildings, the VA will always favor taking care of 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: Government Accountability Office, VA Abandoned buildings, VA Spending
Posted in General | No Comments »
Tuesday, September 7th, 2010
Those veterans who can show they have been exposed to Agent Orange and suffer specific illnesses because of the exposure will benefit from the Department of Veterans Affairs’ (VA) new rules. Those veterans will be able to collect disability compensation where they could not prior, and will have better access to the VA’s health care system.
The VA’s new rules add three more illnesses to their list of what they consider presumptive illnesses caused by exposure to Agent Orange and other herbicides. VA Secretary Eric Shinseki stated the expansion to the presumptive illness list is supported by both the Agent Orange Act of 1991 requirements as well as the 2008 Update on Agent Orange compiled by the Institute of Medicine. The VA will be adding the following to their list of presumptive illnesses:
- Parkinson’s Disease;
- Ischemic heart disease; and
- All chronic B-cell leukemias (to include Hairy Cell leukemia).
The VA’s new rules eliminate the requirement Vietnam veterans must demonstrate a correlation between their illness and their military service. It stands to reason all disability claims for presumptive illnesses should move through the claims process faster than other claims.
Vietnam veterans who served between January 9, 1962 and May 7, 1975 will be presumed to have had exposure to herbicides. Disability claims from this group of veterans is expected to number 150,000. Additionally, the VA expects approximately 90,000 claims to be re-filed that were previously denied. It is possible the VA will pay claims retroactively, depending on each claim.
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: Agent Orange, Disabled Veterans, Hairy cell Leukemia, Ischemic heart disease, parkinson's disease, Presumptive Illnesses, Veterans Health Care System
Posted in Disabled Veterans, US Military Legislation, VA News, Veterans' Benefits, Veterans' Disability | 1 Comment »
Tuesday, September 7th, 2010
Post-traumatic Stress Disorder (PTSD) comes in many forms specific to the individual sufferer, so the treatment methods that work for one soldier may not work for another. Most treatments involve the use of prescription medications. Seroquel is one of these prescription medications and it has been linked to death in soldiers who were taking the medication to treat PTSD and PTSD induced insomnia.
Seroquel is an anti-psychotic medication prescribed “off-label” as a treatment for PTSD and PTSD induced insomnia. Seroquel is not only the 5th best selling medication in this country, it is one of the most popular medications prescribed by Department of Veterans Affairs (VA) physicians. Thousands of veterans have been given this medication and many have died from it as well. Many military families want Congress to launch their own investigation.
Problems arise when patients do not respond to lower dosages of seroquel and physicians begin increasing dosage. Many common drugs may interact with Seroquel and may end up causing a lethal interaction at higher levels. Seroquel contains an uncommon sedative, which is why it is used for anxiety and insomnia.
It is unknown if Seroquel has been the direct cause of death in the soldiers who have passed away while taking the medication. Although not a listed side effect, a Vanderbilt University study published last year advocated that “sudden heart failure” should be listed as an addition side effect.
The VA claims Seroquel is prescribed as a 3rd or 4th step in treating patients with strong insomnia as a result of their PTSD. Those veterans taking Seroquel for PTSD induced insomnia celebrate the drug as it is the first time many of them were able to sleep for multiple hours in a row in a single night.
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, Insomnia, post-traumatic stress disorder, Seroquel, VA Health Care System, Veterans Mental Health
Posted in Disabled Veterans, VA News | 1 Comment »
Friday, September 3rd, 2010
The United States ended one chapter and started another this week, as the U.S. ended all combat missions under Operation Iraqi Freedom. As of 5 PM Tuesday, the US combat mission in Iraq came to an end. The United States will now engage in Operation New Dawn where our role will be one of giving assistance. This new operation will see the United States military training, assisting, and advising the Iraqis. According to U.S. Vice President Joe Biden, the Americans will continue to engage Iraqis within their new operation.
Biden, in stating the “darkest days” are over, acknowledged without the sacrifices of the Iraqi people and the American soldiers, Operation New Dawn would not be possible. Biden spoke to just how complicated the mission in Iraq was and it is now up to the Iraqi people to form their own government.
Approximately 54,000 American troops will be in Iraq at any given time. Differing from their combat role, these soldiers will stay in Iraq until December 2011 to give assistance to Iraqis as they take the lead in establishing their new role in the Middle East.
President Obama addressed the nation that evening and recognized the sacrifices Americans have made in getting where we are today. Over 4,400 soldiers were killed during our time in Iraq but President Obama feels the United States has met its responsibility. He went on to say it is time for the Iraqi people to take responsibility for themselves.
Almost 100,000 soldiers will soon be returning home where a new mission begins. Only time will tell how these soldiers and their families will recover and how their return will affect the United States. For now at least, Operation Iraqi Freedom is over.
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, end of Iraw combat operations, Iraq, Operation Iraqi Freedom, Operation New Dawn
Posted in General, Iraq-Afghanistan War | No Comments »
Wednesday, September 1st, 2010
Every passing week seems to bring another story of someone attempting to defraud the Department of Veterans Affairs (VA). Sometimes it is the veterans and sometimes it is people who never served a day in their life. Edwin Francis Lamken, 59, of Quartzite, AZ is the newest story of VA focused fraud. Lamken not only stole veterans’ benefits from the VA, he used his brother’s identity to make it happen.
Lamken served in the military and was discharged on February 12, 1971. He was court-martialed for Theft of Government Property and was discharged “under conditions other than honorable.” Last week U.S. District Judge Susan R. Bolton sentenced Lamken to an 18-month prison term and ordered him to pay restitution of $173,862. This sentence followed Lamken’s April 2010 guilty plea to Wire Fraud.
Edwin Lamken originally applied for veterans benefits in April, 1971 and was subsequently denied because of his discharge. He then applied for veterans benefits again in 1996; but this time around, he applied under the name of his brother, Charles Lamken. Charles Lamken was also a military veteran but unlike his brother, was entitled to benefits. Charles Lamken died in 2006 without ever having applied for VA health benefits or his VA pension. Between Edwin Lamken’s 1996 application date under his brother’s name and his brother’s death in 2006, Edwin was able to obtain VA medical care as well as $169,214 in pension pay outs.
Edwin Lamken used his brother’s identity for more than just defrauding the VA, however. He also opened a series of bank accounts, bought a home, and was even married. When Edwin Lamken was arrested, he had a driver’s license, a social security card, two bank cards, and 12 other forms of identification bearing his brother’s name.
The VA attempted to reduce Edwin Lamken’s pension benefits as they thought the real Charles Lamken was under-reporting his income. Edwin Lamken not only contacted the VA, he also contacted the Social Security Administration and his local Sheriff and reported he was a victim of identity theft claiming someone was trading on his name.
Defrauding the VA and taking money out of the pockets of deserving veterans is not an offense the VA takes lightly. To do so under the name of a veteran who served his country honorably is even worse. In the end, Edwin Lamken’s actions caught up with him.
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: Edwin Lamken, Identity Fraud, VA Benefits, VA Fraud, Veterans Pension, Veterans' Benefits
Posted in VA News | No Comments »
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