Archive for December, 2010

VA Refuses To Recognize Complex Regional Pain Syndrome

Thursday, December 30th, 2010

Complex Regional Pain Syndrome (CRPS), formerly reflex sympathetic dystrophy, is a very real and very painful condition. It wreaks havoc on the central nervous system and those unfortunate enough to have developed the condition are in continuous pain. It has been described as feeling like glass tearing at the victim’s body.

Complex Regional Pain Syndrome will usually set in following a minor injury, which inflames the nerves. Despite the healing of the original injury, the pain it causes never stops hurting. Recent history has seen more veterans reporting such pain, and many veterans believe it is tied to service-related injuries. Because the Department of Veterans Affairs (VA) does not recognize CRPS, veterans cannot collect benefits for the disorder.

In 2005 there were 330 disability claims citing CRPS in appeal. In 2009 that number rose to almost 600, and there are approximately 500 current CRPS cases in front of the Board of Veterans’ Appeals. Many believe the number of veterans complaining of CRPS is going to continue to rise.

The VA will compensate veterans for injuries received due to CRPS, but they do not assign the condition its own disability rating. The persistent, disproportionally high level of pain caused by the condition is particularly frustrating for patients as it can return unexpectedly after patients believe they have healed from the original injury.

IF CRPS is caught early enough, a cure is possible. Unfortunately, not many doctors understand the condition and even fewer are able to treat it. Left unchecked, and nerve damage in other parts of the patients’ body is possible. Many times, living with daily pain leads to depression and personality changes, which usually affects more than just the patient.

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.

Veterans Stranded In Pinellas County Residential Housing

Wednesday, December 29th, 2010

There are multiple veterans living in a Department of Veterans Affairs (VA) residential housing program in Pinellas County Florida. Having recovered to some extent, the goal is for the veterans to move out of the housing program and into apartments in St. Petersburg. This is not possible, unfortunately, because the subsidized housing vouchers they need to live in those apartments are not available to them.

Veterans use the housing vouchers to pay rent via the St. Petersburg Housing Authority. The housing vouchers are not only being issued in surrounding counties, but around the country as well. Veterans in Pinellas County, however, won’t be able to apply for the 125 available vouchers until at least January.

The problem arose because of VA hiring errors. The Bay Pines VA failed to hire case managers in a timely manner who would be able to supervise, and provide aid to, veterans in the residential housing program. The Bay Pines VA, which is located in St. Petersburg, covers Pinellas County as well as 115 areas outside Pinellas. Since October 1, 2010, there have been 125 vouchers earmarked for these areas that have been made unavailable to veterans.

The Bay Pines VA blames the delay in making the vouchers available on the difficulty of hiring qualified people for the case manager positions. Many veterans are on the precipice of beginning their new, independent lives, but their final step is being blocked. For many who have struggled with homelessness and/or substance abuse, being able to live independently is like being given a new beginning in life.

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.

Veterans With TBIs Get Help From Tampa Smart House

Tuesday, December 28th, 2010

The Tampa, Florida Department of Veterans Affairs (VA) Hospital has developed what may be the next great step in treating traumatic brain injuries (TBIs). For an investment of $3 million, the VA hospital has developed a “smart home.” The smart home helps patients with TBIs learn to live independently in their daily lives by helping them perform basic, everyday tasks.

For many veterans with TBIs, basic, everyday tasks like doing the laundry or emptying the trash can become extremely difficult. The smart home will re-train those veterans unable to complete such necessary and basic tasks, and slowly build them back into being able to function in normal society. Veterans are tracked around the home and when they fall off course from what they are supposed to be doing, e.g., emptying the trash, they will be sent either a text or video message prompting them to get back on track.

The Tampa VA Hospital currently houses 10 veterans in 5 apartments. The Tampa VA Hospital also furnishes the apartments, including all the necessary technology to allow the smart house to function properly . The necessary equipment includes not only the system used to track the veterans around the apartment, but monitors attached to appliances, and screens used for the video prompts.

Every apartment has appliances with attached monitors able to sense if a specific task related to that appliance was correctly performed. If it wasn’t properly performed, the house sends an alert to the veteran to put them back on task. With a primary goal of getting veterans back up to speed and able to function outside of the hospital, the smart home is a good starting point.

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.

No Clear Connection Found Between PTSD & Sleeplessness

Monday, December 27th, 2010

It could likely help thousands of soldiers and veterans if a connection could be made between their post-traumatic stress disorder (PTSD) and their sleeplessness. To many of them, there is no question that the 2 are connected. The latest study on if there is such a connection, unfortunately, was less than clear.

The study was conducted by the Minneapolis Department of Veterans Affairs (VA) Medical Center. It did not come to a definite conclusion one way or another if a connected exists between PTSD and sleeplessness. In fact, the only conclusion they did reach was more research was necessary.

The study included participation from 26 veterans with lifetime PTSD. The study’s main goal was to establish what, if any, sleep issues may be tied to those soldiers and veterans suffering from PTSD.

Sleep associated problems seen with PTSD include:

  • Repeatedly waking up;
  • Nightmares;
  • Daytime drowsiness; and
  • Not being able to get enough sleep.

There are some common explanations as to why sleeplessness in PTSD patients occurs, ranging from hypervigilance to substance abuse. If further research is conducted, hopefully it will come to a more definitive conclusion that could lead to an eventual treatment plan.

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.

Civil Liberties Advocates Suing Govt For Sexual Assault Records

Thursday, December 23rd, 2010

The Service Women’s Action Network (SWAN), the American Civil Liberties Union (ACLU), and the ACLU of Connecticut are suing the government to get military records supporting their claims that there have been tens of thousands of occurrences of unwanted sexual acts in the military to include everything from sexual harassment to sexual assault to rape.

The lawsuit claims these acts cause their victims to develop military sexual trauma (MST). Further, the lawsuit claims these acts happen in the military at a 2:1 ratio compared against the civilian world. Multiple requests for these records sent to the government under the Freedom of Information Act went unanswered, which is why they filed the lawsuit.

All 3 groups believe MST is so common and happens so frequently in the military that it is a matter of public concern for these records to be released. Further, the lawsuit seeks to discover how the Department of Defense (DoD) and the Department of Veterans Affairs (VA) have responded to complaints of MST. The presence of sexual abuse is not in question. This lawsuit wants to expose just how rampant the abuse is and widespread it extends. The issue is many of the victims of the abuse are not receiving proper treatment, and these groups want to know what policies the DoD and the VA have established.

Many female soldiers suffering from MST find it very difficult to successfully return to their civilian lives. The number of female veterans ending up homeless has doubled over the last 10 years. Conversely, over the same time period, the overall number of homeless veterans has dropped. The increasing amount of homeless female veterans is not surprising given the fact that close to 40% of them report being sexually assaulted while in service.

The military does not employ any real orderly data collecting system to keep track of the amount of sexual assaults. The DoD approximated 3,200 MST cases existed in the military in 2009. Many believe this to be a very low estimate given the amount of sexual assaults that are never reported, and the amount that cannot be proven.

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.

6th Annual Road To Recovery Conference

Wednesday, December 22nd, 2010

This year was the 6th in which the Department of Veterans Affairs (VA) held the Road to Recovery Conference. This year’s conference was held at Walt Disney in Orlando, Florida and was attended by over 120 veterans suffering from military-related disabilities. The educational conference included both on-site counseling and plenty of information on helpful VA programs.

The Coalition to Salute America’s Heroes and the American Legion both presented the event, which lasted a week. The Road to Recovery Conference brought together the VA, veterans advocacy and service organizations, and private sector companies. Their united goal was to provide help for veterans and their dependents in need.

Veterans had access to in-person counseling from VA counselors. They were also given access to VA employees, who provided veterans with all necessary information relevant to veterans and their families, such as:

  • Health care information; and
  • Financial benefits.

The conference  brought in government experts as well as private companies to help veterans with their resumes and to offer career counseling. Over the course of the week, veterans were able to attend discussion, workshops, and seminars focusing on not only improving relationships, but provided information on:

  • Veteran benefits;
  • VA services;
  • VA insurance;
  • VA health care,
  • financial support; and
  • Job opportunities.

There is a new paralympic program for disabled veterans. U.S. Olympic Committee Representatives presented information on the paralympic program and attempted to recruit disabled veterans for participation.

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.

Senate Votes To Enhance The Post-9/11 GI Bill

Tuesday, December 21st, 2010

Over its final couple of weeks in session this year, the Senate has made many important decisions. The bill to improve the Post-9/11 GI Bill was believed by most to be dead in the water. The Senate however, not only revived the bill, it approved the bill. The vote resulted in the Post-9/11 GI Bill getting some very necessary upgrades. The majority of the changes the bill would accomplish would not become active until 12 months following the date the bill becomes law, however.

Unless the House picks up the Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (S 3447) it will sit where it is until next year. The changes the bill will make if it is passed through the house, are a few years in the making and benefit both veterans and their dependents. Some changes are more significant than others, but all of them are necessary.

To begin with, the list of classes the Post-9/11 GI Bill can be used to attend now includes both technical and vocational classes. Further, both active-duty soldiers and their spouses will be able to draw $1,000 every year to be used for books. Along those same lines, the bill will supply living stipends for those veteran-students attending distance learning classes. The bill also addresses an issue many veterans have complained about being a major flaw with the Post-9/11 GI Bill. If passed, the bill will enlarge the pool of Guard and Reserve soldiers eligible for educational benefits.

The greatest change written into the bill is changing the method in which the amount of tuition refunds for which veteran-students are eligible is determined. Additionally, the bill establishes a $20,000 limit for tuition across the nation and does away with the state-by-state variable rate now in use.

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.

Don’t Ask Don’t Tell Repeal Waiting For The Final Signature

Monday, December 20th, 2010

President Obama’s signature is expected on the bill the Senate just sent his way. Saturday saw the Senate vote to repeal the Don’t Ask Don’t Tell (DADT) law. Now President Obama’s signature is the only thing standing in the way of gay soldiers being able to openly serve in the military. According to White House press secretary Robert Gibbs, President Obama will sign the bill, making it a new law.

Defense Secretary Robert Gates pledges to hold discussions with chiefs of all the military branches before any changes are made. It is hoped the process will be completed in a couple of months, and until the entire changeover process is completed, DADT will remain in effect. However, it would be very surprising if anyone were discharged from the military for being gay during this time.

The speed in which the bill was passed was necessary amid several fears. First, there was a threat of a more conservative incoming Congress preventing the law from being repealed. Second, advocates for the repeal of DADT pledged to use the court system to wage their challenges to the rule. There was great apprehension that should that happen, the DADT law would me changed very abruptly as opposed to proceeding along a longer schedule of implementation.

The vote was largely Republican opposed, as was expected. Republicans believe  the timing of the repeal is ill-fated and will negatively affect the military given the focus being put on deployed troops overseas. The bottom line, however, is that these men and women are risking their lives for this country, and should be treated accordingly.

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.

For-Profit Universities May Be Exploiting Veterans

Thursday, December 16th, 2010

It has been alleged that for-profit universities are exploiting veterans and active-duty soldiers in order to have their Post-9/11 GI Bill money. Senator Tom Harkin (D-Iowa) is the Chairman of the Senate Education Committee. Sen. Harkin believes many for-profit universities manipulate veterans and soldiers with deceptive tactics designed to bring GI Bill money into their university rather than ensuring students receive decent educations.

Harkin’s committee has been investigating higher education at for-profit universities. Enrollment at those for-profit universities the Department of Defense (DoD) or the Post-9/11 GI Bill covers with their tuition reimbursement, increased from 23,766 in 2006 to 100,702 through the first half of 2010. For 20 for-profit universities, profits from military education benefits rose from $66.6 million in 2006 to an estimated $521.2 million by the end of 2010; a 683% increase. Overall profits for those same 20 for-profit universities increased 26.1%. Profits from military educational benefits, however, rose 211% between 2009 and 2010. Within the same year, the Post-9/11 GI Bill paid out $1.75 billion in educational benefits. For-profit schools took 36.5%, Or $640 million of that money.

Advocates for for-profit universities attribute the growth in attendance is due to the large amount of veterans now attending school because of the Post-9/11 GI Bill. Further, instead of investigating the for-profit universities, advocates feel it should be celebrated that soldiers are receiving educations.

Veterans report being inundated and relentlessly harassed by for-profit universities. Further, there is serious concern the for-profit universities are providing quality educations to their students. Many veteran/solider students never completed their degrees once they started attending for-profit universities, although the investigation did not measure exactly how many withdrew from the universities.

For-profit universities are also being investigated overall for deceptive recruiting practices as well as their low graduation rates and job placement promises.

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.

VA Processing Camp Lejeune Water Disability Claims At One Location

Wednesday, December 15th, 2010

The Department of Veterans Affairs (VA) has taken their next step in handling the disability claims related to the contaminated drinking water at Camp Lejeune. The VA will be processing every disability claim filed and seeking compensation for exposure to Camp Lejeune’s toxic water in the VA center in Louisville, Kentucky. It is believed by handling all claims in one central location, the disability cases will not only be easier to follow, but easier to regulate for consistent decision making processes.

Multiple cancers, leukemias, non-Hodgkins lymphoma, and other diseases have all been tied to exposure to the contaminated water on Camp Lejeune between the 1950’s and the 1980’s. Lejeune’s water has been called a “hazard” and although a 2009 report could not find a positive link between Lejeune’s water and the reported illnesses, the Agency for Toxic Substances and Disease countered this finding.

There have been about 200 disability claims filed from veterans exposed to Lejeune’s water. Of those, 20 have been approved. All claims must be reviewed the same way, which is why the processing center for the claims have been consolidated. The claims processors at the Louisville VA have received special training given the circumstances of these claims. It is imperative then that these processors each understand exactly what evidence they will need to process the claims.

Starting February, the VA will track every claim related to toxic water disability. Claims previously denied are not slated to be re-visited, despite allegations that they were not processed as carefully as they should have been. This is one point many people have been adamant about. If their argument is accepted, past denied claims will be looked at again.

Either way, the VA, the Navy, and the Environmental Protection Agency (EPA) all have studies in progress. Once the EPA study is published, TCE, a major contaminant in the Camp Lejeune water, will likely be declared a human carcinogen.

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.