Archive for March, 2011

VA Programs Cannot Help If Nobody Knows Of Them

Thursday, March 31st, 2011

No matter how much people need help, if they don’t know where to go to get that help, then the help might as well not even exist. According to a new Government Accountability Office (GAO) study, this is  the problem existing between the Department of Veterans Affairs (VA) and the Pentagon. Although a program exists focused solely on coordinating long-term care for veterans severely wounded while deployed to Iraq and/or Afghanistan, very few people are aware of its existence because of a failing of communication between the two agencies.

The problems with the coordination program start at the bottom. Neither agency uses one particular classification for those soldiers who are ‘severely wounded, ill or injured.” Because of this, deciding which veterans qualify for the program’s coordination services becomes almost impossible. The program matches veterans with either a nurse or a social worker who then guides the veteran through the VA’s labyrinth disability claims process and locates the best possibilities for their proper care.

The coordinator program was created in 2008, but the VA has not taken any positive steps toward being able to identify severely wounded soldiers, which means they cannot grab qualifying veterans from military hospitals. The GAO criticized both the VA and the Pentagon for these shortcomings in its report.

Because there are no set criteria, veterans are introduced to the coordinator program almost exclusively through military hospital referrals and case coordinators seeking out potentially eligible veterans. In 2008, the coordinator program received 25 referrals per month. In 2010, that number doubled to 50 per month. Still, there is more room to help additional veterans.

Once a base-line criteria of eligibility for the coordinator program is established, they can start putting the word out about the program’s availability. This will take the burden off the injured veterans to seek out the help they need when they should be focusing on recovering.

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.

VetSuccess Helps Veteran-Students Transition To College Life

Wednesday, March 30th, 2011

The Department of Veterans Affairs (VA) has placed VA counselors at 8 college campuses to help veterans transition from their roles as soldiers to their roles as students. The shift from a military lifestyle to a civilian lifestyle can often be stressful. Coupling that transition with entering college can be overwhelming, which is why the VA offers the VetSuccess program.

The counselors involved in the VetSuccess program are trained in specific areas. Because of the distinctive issues veteran-students face, such as being non-traditional students, the VetSuccess counselors utilize peer-to-peer counseling, among other services. Along with the full-time counselor on staff, the VetSuccess program employs a part-time outreach coordinator. That coordinator’s job is to help veteran-students with:

  • Benefits;
  • Support; and
  • Meeting health and educational needs.

In addition to academic and adjustment counseling, the VetSuccess program also provides such services as vocational testing and referrals. The program was born as a pilot program on the University of South Florida’s campus and has since grown to exist on 8 different campuses across the country. Today’s version is much more balanced and effective than the original program and helping many more veterans where it is needed.

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.

St. Louis VA Hospital Re-Opens After Contamination Scare

Tuesday, March 29th, 2011

The John Cochran St. Louis Department of Veterans Affairs (VA) Medical Center re-opened its doors again following a contamination scare. The center originally shut down on February 2, 2011 after an employee noticed surgical trays were littered with metallic corrosion after coming out of their wash cycles. The center was immediately closed to ensure no harm came to any patients as the source of the spots remained a mystery.

The medical center’s staff would not be re-opening their doors if they did not believe they could provide the best and safest environment in which to perform surgeries and other medical procedures. The VA used a number of procedures and inspections to ensure veterans’ safety. Of course the VA ran their own experts through the facility. Beyond that however, they also used private and independent contractors.

The VA  examined every square inch of the St. Louis VA’s Sterile Processing Department (SPD). None of their efforts, however, produced any source of contamination. Not a stone was left unturned during the investigation; multiple test cycles were performed and thousands of instruments were replaced. Independent consultants confirmed the facility’s safety.

The VA signed a $6.8 million contract to expand and modernize the John Cochran VA’s SPD. The project will include the installation of high-tech sterilizers and washers along with a surgical tool tracking system. The entire renovation will be completed in July, 2012.

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.

Several Deaths Result In VA Stopping COPD Trials

Monday, March 28th, 2011

The Department of Veterans Affairs (VA) has been studying chronic obstructive pulmonary disease (COPD) and how to manage the disease for some time. A randomized trial in 2009 resulted in a series of deaths and put an end to the research program, which was to last 4 years.  Nobody however, saw fit  to alert anyone outside the VA that the trials were no longer being performed.

The trial was named BREATH (Bronchitis and Emphysema Advice and Training to Reduce Hospitalizations). Researchers had hoped to establish if educating patients and providing tailored disease management would result in fewer hospitalizations and hospital re-admissions for COPD.

At the time the VA stopped the research, they had less than 50% of the amount of participants they hoped to enroll. They also made no public announcement that they were halting the program. Started in 2006 and originally slated as a 1 year pilot study,the COPD study was extended to cover 22 states within 12 months.

After 2 years of study participation, it was discovered the patients receiving comprehensive case management along with standard care suffered from “higher all-cause mortality and possibly other ‘indicators of safety.’” Those issues lead to the committee monitoring the study to recommend and end further interventions and new enrollments in February, 2009.

Many VA on-site researchers were not told why the disease management intervention was ending. The VA apparently cited “safety concerns,” but did not go into detail as to what those concerns were. According to the VA, this is standard operating procedure as their findings have yet to be published.

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.

SSI Benefits Available For Indigent Veterans

Thursday, March 24th, 2011

Approximately 25% of adults who receive Social Security benefits are veterans. There are numerous benefits available for indigent veterans and their families for those who qualify. Additionally, most of these benefits can be claimed at the same time, and in conjunction with, Department of Veterans Affairs (VA) benefits. That being the case, the benefit are different and must be applied for through the Social Security Administration.

There are baseline requirements for indigent individuals to meet in order to draw Supplemental Security Income (SSI). Generally, anyone who is at least 65 years old and is either blind or disabled qualifies. Those individuals, however, must also:

  • Have limited income;
  • Have limited resources; and
  • Is a US citizen or national, or fits into a qualified alien category;
  • Is a resident;
  • Is not out of the country for a full calendar month; and
  • Meets others specific requirements.

When veterans served also makes a difference in the benefits they receive and how they are received. Indigent veterans from World War II are given specific benefits over other veterans. Expedited disability claims processing is available for veterans whose injuries lead to disabilities only after October 1, 2001, without regard to where the disability occurs.

The Social Security Administration looks at many factors before granting SSI benefits to indigent veterans. Economic status, time period of service, being indigent, work history, and medical history are all elements that will be taken into consideration in granting SSI benefits.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA or require assistance with other forms of Social Security benefits such as SSI, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

VA Considering Benefits Increase for Genital Injuries

Wednesday, March 23rd, 2011

Military personnel suffering traumatic damage to their genitals are not given enough money. The rates for what they receive are currently under review by both the Department of Veterans Affairs (VA) and the Department of Defense (DoD) following complaints from Rep. C. W. “Bill” Young (R-Fla.). If everything goes right, the new rates will be made retroactive for all those soldiers who served in Iraq and Afghanistan and sustained blast wounds.

Injured soldiers are issued payments  from Traumatic Service Members’ Group Life Insurance once they suffer “life-changing injuries or disabilities.” This is a VA benefit and total up to $100,000, depend on the injury. Soldiers however, are currently given more benefits for losing a finger than they are for losing a penis, according to Young’s testimony at a congressional hearing. Young went as far as to call groin injuries the new signature wounds of the wars.

Soldiers are paid $50,000 if they lose a thumb, but if a soldier loses a reproductive organ, they are only given $25,000. There is a caveat to that $25,000 payment, however. The soldier who lost their reproductive organ must also spend 15 consecutive days hospitalized, or spend 30 days unable to perform a minimum 2 of 6 daily activities:

  • Bathing;
  • Remaining continent;
  • Dressing him or herself;
  • Eating;
  • Going to the bathroom; and
  • Getting into and out of either a bed or chair.

The VA and the DoD are reviewing whether revising payments for genital injuries is necessary. It may be possible those revised payments will be issued within the next couple of months.

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 Facilities Likely To Accept Service Dogs

Tuesday, March 22nd, 2011

The only service dogs allowed at Department of Veterans Affairs (VA) facilities are those servicing the blind. Veterans with mobility and/or hearing issues as well as those using service dogs because they suffer from post-traumatic stress disorder (PTSD) or other mental health conditions are banned from entering all VA facilities unless local officials allow it. If passed, new legislation (HR 1154) would change this situation and allow service dogs in all VA compounds.

The legislation could become active In June, and would affect the entire VA network. The bill was originally sponsored by US Rep. John Carter (R-Texas) and is supported by 35 bipartisan lawmakers. No resistance is expected to passing the bill when it comes up for vote.

Service dogs for hearing and mobility impairments as well as for those veterans requiring service dogs to aid with various mental conditions are the bill’s main focus. There is no reason the blind should have full access to VA health care while those requiring the use of service dogs for equally debilitating conditions do not. Access to care should be the focus, not the presence of a guide or service dog.

This legislation is a good step toward getting the VA where it needs to be regarding access to health care by veterans requiring the use of service dogs. According to some, however, there are still strides that must be taken to ensure every veteran receives the health care they deserve, irrespective of their disability.

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.

New Transitional Housing Will Help Florida Homeless Veterans

Monday, March 21st, 2011

The home is not yet completed, but when it is, the Sherwood Veterans Transition Home will serve as transitional housing for homeless veterans in Brevard County, Florida. The home will house 6-7 veterans and they will be able to stay in the home for up to 2 years.

Bridges is the organization developing the transitional housing building, which traditionally works with disabled children and adults through their employment as well as both residential and educational programs. This is their first endeavor into the world of veterans’ issues, but seems an expected evolution. Bridges is renovating a former group home to into the transitional home.

The Department of Veterans Affairs (VA) subsidized the renovation of the transition home with a $37,000 grant. Every veteran that stays in the house will pay rent equaling 30% of their income, and the home will rely on community donations. Much of the labor has been completed by people in the community donating their time and skills with many of the renovations focusing on replacing the floors and making the building wheelchair accessible.

Along with offering transportation to the local VA clinic, the home hopes to join forces with other organizations so as to offer help with employment as well as counseling services. Bridges is especially looking into partnering with veterans’ organizations, which they hope will help support the home.

The goal of the Sherwood Veterans Transition Home is to make their residents as self-reliant as possible. The more services offered, the more likely these veterans will be able to become independent and back on their feet. In the spirit of “it takes a village,” the community as a whole is supporting the home.

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.

SSI Payments for Indigent Adults

Thursday, March 17th, 2011

Veterans are afforded multiple benefits, depending on a litany of factors such as the date and place of the injury, the severity of the injury, etc. Veterans benefits run the gamut from providing money for home and end-of-life care to full on pensions. The vast majority of these benefits are provided to the veterans through the Department of Veterans Affairs (VA). Some benefits, however, have nothing to do with the VA. For instance, Supplemental Security Income (SSI) benefits are available to everyone, not just veterans, on an as-needed basis.

Applicants must be 65 years old, blind or disabled. The applicant must essentially be indigent in that they must have very limited income and limited resources, such as personal property.

SSI benefits are generally bestowed on indigent individuals. There are certain guidelines applicants must meet in order to qualify for SSI benefits. Generally, the applicant must:

  • Have less than $2,000 in resources ($3,000 if married);
  • Own no more than 1 vehicle; and
  • Own no more than 1 home, which is the applicant’s primary residence.

SSI benefits are completely separate from any and all VA benefits. It is possible a veteran could draw both VA benefits and SSI benefits at the same time without a conflict. Indigent veterans may qualify for different benefits available through the SSI than are offered through their local VA. Speaking to an attorney that specializes in veterans benefits as well as Social Security benefits such as SSI can help you understand what programs you may qualify for.

Learn more about SSI benefits for indigent adults.

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.

Bill To Help Military Sexual Trauma Victims Pending

Wednesday, March 16th, 2011

Many times victims of sexual assault while in the military cannot access medical care or draw disability compensation for their injuries. This occurs because they cannot prove they are suffering from post-traumatic stress disorder (PTSD). Rep. Chellie Pingree (D-Maine) does not believe this is how the military should treat sexual trauma victims and is trying to change things by introducing new legislation (HR 930). Should it pass, the Department of Veterans Affairs (VA) would be required to accept a victims’ explanation of their sexual trauma as proof of the event if there are no other medical or police reports or other documentation linking the origin of the victim’s mental condition to another event.

Given the current systems’ limitations, proving sexual assault is not the easiest thing to accomplish, according to Pingree. Many victims never make file formal complaints due to fear of retaliation or shame over the event. Other times the complaints they file are simply destroyed. Victims almost never talk to their friends or family about these things, so it isn’t even possible to bring them in as some sort of evidence. Standard defense and service policies mandate potential evidence  such as rape kits and certain medical records be routinely destroyed. Without them, proving sexual trauma becomes almost impossible.

If a veteran is diagnosed with PTSD or other mental health disorders, and a veteran makes a written statement about being the victim of a sexual assault, and that statement is consistent with their military service, the VA must acknowledge that sexual trauma being linked to their military service. This would then qualify the veteran for medical care and disability compensation, as it should.

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.