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Archive for October, 2010
Thursday, October 28th, 2010
Sentencing people to jail who would be better served in treatment is a crime in and of itself. For many veterans, this is an everyday occurrence and is exactly what the new veterans’ court seeks to eliminate. The latest Veterans Treatment Court will be located just outside Orlando in Orange and Osceola counties. Because of their service to our country, our veterans deserve the chance to have their issues treated while staying out of jail. Undergoing treatment will also allow veterans to incorporate themselves into their civilian surroundings easier.
Once established, the court will provide veterans with an opportunity to put their lives back on the right side of the law. At the same time, they will undergo necessary treatment for substance abuse, PTSD, or other similar issues, putting the veterans in a much better position than they were in before they got in trouble with the law. The most common issues veterans face are emotional and mental health issues as well as substance abuse.
The court will work with veterans who have been charged with misdemeanors and other non-violent crimes. When these veterans appear in court, the judge will have the option to give the veteran a chance at help instead of being locked up. Orange county housed 1,400 veterans in their jail last year. Like is the case in any prison population, not every veteran deserves jail.
The Department of Veterans Affairs (VA) is picking up the tab to prevent the local court system for having to lay out any money. The court will find a program for the veteran to take part in to get them the necessary help. The veterans’ courts are very effective at what they do and they are growing in number. Should everything work as planned, the court will begin to see cases in January.
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: Department of Veterans Affairs, Veteran Court Orlando, Veterans Substance Abuse, Veterans Treatment Court
Posted in General | No Comments »
Wednesday, October 27th, 2010
Camp Lejeune’s ground water has been the subject of intense debate the last couple of years. The toxic and hazardous chemicals in the base’s drinking water likely caused mass contamination. Tens to hundreds of thousands of soldiers and their family members were exposed to the contaminated water, which has been linked to causing serious diseases in some soldiers, including various, rare cancers.
The Agency for Toxic Substances and Disease Registry (ATSDR) recently issued a new report on camp Lejeune’s drinking water. Validating earlier suspicions, the report confirmed the unfortunate and considerable presence of the following in Lejeune’s ground water:
- Benzene;
- PCE (tetrachloroethylene);
- TCE (trichloroethylene); and
- Vinyl chloride.
Of course, this latest news won’t surprise many of the families that have passed through Camp Lejeune through the years. However, according to US Senator Kay Hagan (D-NC), this report, the first in a series on Lejeune’s water, is significant in making sure those affected families are given the answers they deserve.
A 1997 ATSDR report indicated there was little to no cancer risk for those people exposed to the contaminated water. ATSDR, however, came out last year and refused to continue to stand behind those results as that report was not only replete with inaccuracies, but completely ignored the presence of benzene in the water supply.
Senator Richard Burr (R-NC) and Senator Hagan both supported an amendment to the Defense Authorization Bill requiring the Navy to help the ATSDR with their continuing series of reports. While the Senate must still vote on the bill, families wait for the next report.
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: Camp Lejeune, Contaminated Ground Water, Disabled Veterans, Hazardous Ground Water, Toxic Ground Water, VA health care, Veterans disability
Posted in Disabled Veterans, General | No Comments »
Tuesday, October 26th, 2010
Rumors about patients being wheeled into surgery and coming out with the wrong foot amputated, or surgeons leaving tools inside patients, are in constant circulation. Rumors are usually based in some truth, however. A seemingly simple way to prevent these surgical errors is by using a checklist. Simple enough, right? A recent and very meticulous study found using a surgical checklist saved lives in Department of Veterans Affairs (VA) hospitals.
The study covered 74 VA hospitals using surgery checklists for 3 years, from 2006-2008. The result was an average 18% drop in surgery related deaths. Every team member created checklists before surgery. They then discussed them before, during, and after the procedure. This is a new concept as working as a team is not something that is generally done in a surgical room. While that isn’t something people want to think about before going into surgery, the standard operating procedure is a very strict hierarchy with the surgeon at the top controlling the room.
The surgical teams using the most teamwork had the lowest death rates, according to the study. Not having surgeons dominate the room will make for a dramatic change in how things have always been done. If it saves lives, however, then out with the old and in with the new. Almost all of the VA’s 130 surgery centers have adopted this checklist program since it’s inception in 2003.
The teamwork in the operating room includes the patient. Prior to being anesthetized, the patients say their name and identify the surgery they are undergoing. The staff then reads their individual checklists to the patients. Patients have the ability to voice any concerns they have with the procedure if something seems off or not right. Organizing operating rooms like this ensures everyone in the operating room has a hand in patient safety.
As the program becomes more ingrained in the VA system, hopefully operating room deaths and surgical errors will continue to decrease. The program also aided in uncovering severe problems at an Illinois VA hospital years ago. Conditions in that hospital are much better because of the surgery checklist program.
Tags: Surgery Checklist, Surgical Checklist Program, surgical errors, VA Health Care System, VA Surgery
Posted in General | No Comments »
Monday, October 25th, 2010
The Department of Veterans Affairs (VA) runs so many programs it is only natural for some to not get the recognition they deserve. The VA offers many benefits to housebound veterans, even though many people are not aware they exist. Household benefits, like the Call Senior Care program, matches housebound veterans with in-home caregivers. The Aid & Attendance Program offers money paid to qualifying veterans. Both programs pay the veterans money in addition to their monthly pensions.
The household benefits, Call Senior Care, is one of the many vital programs for many veterans. It is free of charge for veterans qualifying for the service under the VA Programs. To qualify, veterans must have:
- A permanent disability rated at 100% and is thus rendered essentially restrained to their home; OR
- A permanent disability rated at 100% disabling and a second disability with a 60% disability rating.
Being granted the Aid & Attendance benefit will depend on if the veteran cannot complete daily living tasks without the help of another person. These tasks include:
- Bathing;
- Eating;
- Dressing;
- Adjusting prosthetic devices;
- Going to the bathroom;
- Being bedridden (even as part of a recovery/treatment plan); or
- Being blind or confined to a nursing home.
Veterans are barred from receiving both benefits at once. The best thing for everyone right now is making sure qualifying veterans know these programs are available so they can get the help they need without spending their own money on the help.
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: Aid & Attendance Pension Program, Call Senior Care, Disability Ratings, Disabled Veterans, VA health care, Veterans disability, Veterans' Benefits
Posted in Disabled Veterans, Veterans' Benefits, Veterans' Resources | No Comments »
Thursday, October 21st, 2010
This war is different from all previous wars in many different ways. Everything is being done differently, veterans are suffering different wounds, and the Department of Veterans Affairs (VA) is being forced to react and adapt in ways like never before. Because the VA is having difficulty locating many Iraq and Afghanistan veterans, they launched a television ad campaign. The ads are designed to bring to the attention of as many service members as possible the benefits available to them through the VA. It is the first time the VA has done anything like this.
The National Veterans Awareness Campaign will not be small and it will not be cheap. It starts with the VA spending $1 million on their first television ad and an internet campaign. They will also buy commercials during both the Country Music Awards and various college football games. Because of the large amount of Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn veterans returning to certain communities, the campaign will cover 6 different areas of the country through November of this year:
- Norfolk, Virginia;
- Raleigh, North Carolina;
- Savannah, Georgia;
- Seattle, Washington;
- Watertown, New York; and
- El Paso, Texas.
According to the VA, only 8 million of the nation’s 23 million veterans use VA health care and/or benefits. The VA is very focused on being proactive and treating veterans in need before they become emotionally compromised from their combat experiences.
The first campaign will run until November. The VA will launch a second campaign around the middle of November that will run through December, which will focus on a much wider audience. The VA will be investing approximately $5 million in both advertisements.
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: The National Veterans Awareness Campaign, VA Ad Campaign, VA Health Care System, Veterans disability
Posted in VA News, Veterans' Benefits, Veterans' Resources | No Comments »
Wednesday, October 20th, 2010
The National Center for Post-Traumatic Stress Disorder (PTSD) has a new headquarters in White River Junction, Vermont. Giving the center a new building shows just how much understanding and treating PTSD has become a highly important issue. The headquarters building is the center of a research and education system focusing on PTSD and spanning the entire Department of Veterans Affairs (VA).
US Senators Patrick Leahy (D-Vt), who is a senior member of the Senate Appropriations Committee, and Bernie Sanders (I-Vt), a member of the Senate Committee on Veterans Affairs, both applaud the quality of the work the National Center for PTSD provides. Leahy has regularly voted for money to be given to the Center to help them in their research.
About 1 of 5 returning soldiers from Iraq and Afghanistan suffer from PTSD and/or major depression. It is imperative that the U.S. do as much as possible to help treat veterans returning from war suffering from mental health problems incurred because of their duty to this country.
Senator Sanders had a direct hand in raising the necessary funds for the Center’s new building. Senator Leahy has worked to have millions of dollars directed towards the Center. He is working this year to continue to focus the VA’s attention on giving the Center what they need to continue producing their excellent research and therefore help veterans suffering from PTSD.
The Center has a simple mission: to provide research and thereby education about PTSD. The VA established the Center to serve this sole purpose and consists of 7 different research facilities across the nation. With the new headquarters, it is hoped the Center will become even more effective than it is currently.
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: Department of Veterans Affairs (VA), National Center for PTSD Research, post-traumatic stress disorder, VA Health Care System
Posted in General, Veterans' Resources | No Comments »
Tuesday, October 19th, 2010
The deadline to apply for stop loss compensation has been extended to December 3, 2010. Called by some a “back door draft,” stop loss was used primarily during the Iraq war to keep troops in country past their date of separation to continue fighting. It was used primarily on Marines and Army soldiers but the compensation is available to any soldier who served between September 2001 and September 2009.
For each month or partial month soldiers were held past their separation or retirement date they will receive $500. The retroactive payment will allow soldiers to claim $3,700, on average. Of the money set aside to make the payments to the soldiers, however, over half has yet to be claimed. A rough estimate puts about 120,000 soldiers eligible for the payments.
Both the Department of Veterans Affairs (VA), the Department of Defense (DoD), and the White House have launched media campaigns to alert soldiers to the availability of this payment. Soldiers earned this money by being kept in a war zone past the last day of their contract with their respective branch of military service. There are no strings attached to taking the money and no reason soldiers kept in country because of stop loss should not apply for this money.
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: Department of Defense (DoD), Department of Veterans Affairs (VA), Stop Loss Payment, Veterans disability, Veterans' Benefits
Posted in General, Veterans' Benefits | No Comments »
Monday, October 18th, 2010
Representative Ann Kirkpatrick (D – AZ) fought for the passage of two new bills this last year in support of veterans. The two bills passed through Congress last week and will head to President Obama’s office for his signature. The Senate passed both bills and the House passed them as part of the Veterans Benefits Act of 2010 (H.R. 3219). Both of these bills, while part of a much larger package, are vital for soldiers and veterans.
The Veterans/Service Members Life Insurance Equity Act ensures returning soldiers and veterans continue to receive life insurance choices competitive with private sector offerings. The other bill, a bill re-authorizing the Veterans’ Advisory Committee on Education (VACE), seeks to guarantee veterans receive top level educational benefits.
Rep. Kirkpatrick doesn’t fight just to provide services to veterans. Her goal is to ensure those deserved and earned benefits are at the highest quality of service possible. VACE consists of a panel of experts who serve to advise the Secretary of Veterans Affairs on how to maximize educational benefits and help veterans launch new careers. Passing this bill guarantees VACE’s existence for 5 more years. The Department of Veterans Affairs (VA) will continue to advance and improve their Post-9/11 GI Bill during this time.
Through the Accelerated Benefits Options (ABO) the Veterans/Service Members Life Insurance Act will allow veterans and soldiers to draw money against their life insurance benefits if they receive a terminal illness diagnosis. Many ABO’s limit the amount of money paid out to veterans and soldiers, and base this limit on current market conditions. Most private sector policies will not allow this to happen. This act prevents this practice as well by forcing ABOs to keep consistent with common insurance practices.
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: Department of Veterans Affairs (VA), Education Benefits, H.R. 3219, Military Legislation, Post-9/11 GI Bill, The Veterans/Servicemembers Life Insurance Equity Act, veterans legislation, Veterans’ Advisory Committee on Education (VACE)
Posted in US Military Legislation | No Comments »
Thursday, October 14th, 2010
Just about everyone, include the Department of Veterans Affairs (VA) themselves, is fed up with the length of time it takes to process a disability claim. VA Sec. Eric Shinseki continually mentions the mounting backlog and how the VA must eliminate it within a certain time frame. Yet, veterans are still waiting inordinate amounts of time to have their claims processed or to go through an appeals hearing. Having had enough, two veterans groups attempted to sue the VA to make them pick up their pace.
The U.S. Supreme Court denied the veterans their ability to continue with their suit, however. The Vietnam Veterans of America and the Veterans of Modern Warfare sued the VA to force quicker disability claims processing not just for its members but for all veterans. The groups referred to the VA’s claims processing as a “Byzantine system of procedural hurdles.” Their frustration stems from initial claims sometimes taking over a year to process. Further, they claim the appeals process can take up to 5 years to complete.
Their suit focused solely on the length of the time it takes to process disability claims. Although the two groups stopped just shy of making a direct correlation between the two, they did bring up the amount of veterans losing their homes due to foreclosure, suffering mental and physical health issues, and enduring divorce because of delays in their brief to the high court.
Had the veterans groups had their way, the VA would be mandated to respond to initial claims within 90 days and resolve all appeals within 180 days. The Supreme Court’s position upholds the decision by the D.C. Circuit Court of Appeals, which held the veterans had no standing to file the lawsuit. In federal court a plaintiff cannot have standing by alleging injury to another party.
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: Department of Veterans Affairs, disability claims backlog, disability claims processing, Disabled Veterans, US Supreme Court, VA lawsuit, Veterans of Modern Warfare, Vietnam Veterans of America
Posted in VA News | No Comments »
Wednesday, October 13th, 2010
According to some economists, the wars in Iraq and Afghanistan are going to cost this country an additional trillion dollars over and above original estimates. Last Thursday a full panel meeting was held on Capitol Hill, which was to focus on the cost of the Iraq and Afghanistan wars.
The hearing included testimony from the authors of The Three Trillion Dollar War, which provided estimates for the cost of the Iraq and Afghanistan wars in the long term in 2008. During their testimony, they explained that the original estimates were too conservative. Their original estimate for the cost of veterans’ care was $717 billion. At this most recent hearing their new estimate was $934 billion, just a little shy of $1 trillion.
When asked for an explanation, the authors stated the amount of veterans currently using Department of Veterans Affairs (VA) health care services is at a level they didn’t expect to see until 2016. Approximately 565,000 veterans used VA health care by March. Current estimates put the amount of veterans currently in the system around 620,000.
Because there are so many more veterans in the VA system and using VA resources than originally estimated, costs all over the place had to be raised. Although not exhaustive:
- Long-term health care estimates jumped from $284 billion to $348 billion;
- Long-term disability estimates were pushed from $388 billion to $534 billion; and
- Social Security disability payment estimates were upped from $43 billion to $52 billion.
A more accurate picture of where the numbers stand will not be published until January. These wars are hardly “self-financing,” which is how they were originally touted.
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: Afghanistan, costs of war, Department of Veterans Affairs, Iraq, Operation Enduring Freedom, Operation Iraqi Freedom, VA healthcare system, Veterans disability
Posted in Iraq-Afghanistan War | No Comments »
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