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Archive for March, 2011
Tuesday, March 15th, 2011
The Veteran’s Home Buyer Tax Credit program is coming to an end on June 30, 2011. Those troops who have been deployed out of this country over the last two years, for at least 90 days between January 1, 2009 and June 30, 2010, are able to take advantage of an $8,000 tax credit if they are attempting to purchase their first home.
The program was designed to end but last year was specifically extended for veterans deployed oversees. There is a stipulation to the extension, however. For the veterans wishing to use the tax credit, they must sign their contract by April 30, 2011, although they do not have to close on the deal until June 30,2011.
This tax credit is only available for first time home buyer. In order to qualify for the program, home buyers cannot have owned a primary residence in the 3 years prior to date they use the program to purchase their home. Additionally, veterans qualify for a Department of Veterans Affairs (VA) home loan and can use the loan for their purchase.
Unfortunately for many eligible veterans, not many people know about the program. The tax credit received very little coverage through the media. It could be possible for qualifying veterans to get inside a home without a down payment, with complete financing, with the sellers paying the cost, and get a check cut to them for $8,000.
Although the ideal situation or the dream home isn’t always possible, the tax credit is a huge benefit for veterans interested in purchasing their first home. Many veterans will be put in a position of buying a home for less money than it is worth and being in a great position when the housing market comes back.
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: First Time Home Buyer, veteran tax credit, Veterans Home Buyer Tax Credit Program
Posted in General, Veterans' Resources | No Comments »
Monday, March 14th, 2011
Returning from combat has never guaranteed an end to the psychological trauma that affects soldiers while in combat. Many soldiers experience post-traumatic stress disorder (PTSD), which can manifest itself in such symptoms as nightmares, paranoia, and short tempers. Veterans are turning to a multitude of treatment options ranging from simple psychotherapy to sensory deprivation. Many veterans, however, are now using yoga as an alternative type of therapy to reduce stress and tension.
Connected Warriors is a nonprofit organization that promotes yoga for veterans dealing with PTSD in South Florida. The yoga classes for veterans are currently being offered in Boca Raton, Fort Lauderdale, and Wellington.
Yoga’s benefits are being confirmed by various researchers across the country as well the Department of Defense (DoD) researchers. Positive results are being observed in veterans’ physical ailments, veterans are demonstrating better moods, and have increased energy levels. Additionally, yoga may be able to be used as a compliment to psychiatric therapy programs.
As few as 10 weeks of yoga have been able to reduce PTSD symptoms such as nervousness and even trust issues as the veterans in class know the other class members have similar military backgrounds. Despite suffering from physical or mental health limitations, yoga is able to supply instant benefits on many levels. The success of veteran yoga classes across Florida will hopefully lead to similar classes being offered across the country.
Learn more about veterans using yoga to heal from PTSD and other mental health conditions.
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: Connected Warriors, Post-Traumatic Stress Disorder (PTSD), PTSD Therapy, Veterans disability, Yoga
Posted in General, Veterans' Resources | No Comments »
Thursday, March 10th, 2011
Last week the United States Supreme Court decided that Veterans’ Courts can use discretion when deciding whether or not to deny an appeal for benefits based on a missed filing deadline. Further, The Court determined that a Federal Circuit court was “improperly harsh” in refusing an appeal from a Korean War veteran suffering from paranoid schizophrenia because he missed his filing deadline.
The Department of Veterans Affairs (VA) gave David Henderson a 100% disability rating in 1992 because he suffered from paranoid schizophrenia. A regional VA office and the Board of Veterans Affairs denied his 2001 claim for supplemental disability benefits for in-home care. Henderson attempted to appeal the denial to the Veterans Court but the Court denied it as untimely as Henderson filed his appeal 15 days past his allotted 120-day deadline.
The Court to which Henderson appealed ruled they did not have jurisdiction based on a previous case finding deadlines for filing notices of appeals in civil cases jurisdictional issues. The Supreme Court justices unanimously disagreed.
They went on to hold the VA’s disability benefits program is “unusually protective,” and when appeals do get to the Veterans’ Court, they are granted almost 80% of the time. Clearly then, the initial decisions as to granting veterans’ claims are often flawed. Further, the disability claims process could not be more different than standard civil litigation. Justice Alito described VA benefit hearings and proceedings as “informal and non-advesarial” as opposed to the inherent adversarial nature that accompanies civil litigation.
As to the 120-day time limit, The Court found being too rigid in its enforcement begins to edge toward creating an adversarial environment. That 120-day time limit, then, was never intended to be so absolute so as to completely deny claims for being untimely. The Circuit Court’s ruling was reversed and the case remanded.
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), disability appeal timelines, disability appeals, disability compensation, Supreme Court ruling, veterans court, Veterans disability
Posted in General, Veterans' Disability | No Comments »
Wednesday, March 9th, 2011
For many veterans and active-duty personnel with post-traumatic stress disorder (PTSD) there are no blatant outward signs of the disorder. New legislation introduced by State Sen. Benjamin Downing (D-Pittsfield) of Massachusetts would provide veterans and active-duty personnel suffering from PTSD the ability to place a designation on their license alerting the viewer of the license holders’ PTSD diagnosis.
James Norchi is a Naval Vietnam Veteran, and urged Sen. Downing to introduce the legislation. Georgia passed a very similar law last year, yet only 5 veterans in the entire state of Georgia have requested the PTSD designation be placed on their license, according to Georgia authorities.
Just as is happening in Massachusetts, veterans groups adamantly objected to the legislation passing. Those groups believe the PTSD designation would only serve as fodder for people who may over-react to their PTSD status such as police officers and airport security screeners.
Downing believes the PTSD designator positively serves both the person suffering from PTSD as well as the person interacting with that individual as it may provide a heads up or an early warning of potential issues.
The fact remains there is still a strong stigma surrounding both PTSD, deserved or not. Active duty soldiers fear ruining their military careers and therefore do not want to draw any unwanted attention to possible negative aspects of their lives. As an alternative, it has been suggested soldiers be issued simple wallet cards they can produce when necessary instead of having the PTSD designation directly on their driver’s license.
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: Military Legislation, Post-Traumatic Stress Disorder (PTSD), PTSD License Designator, Veterans Mental Health
Posted in US Military Legislation | No Comments »
Tuesday, March 8th, 2011
Many veterans, retirees, and people with disabilities receiving federal benefits find themselves in financial trouble and owing their creditors money. A new federal rule was recently passed that will protect the bank accounts of those receiving federal benefits from being garnished by creditors. The rule is known as the Treasury’s “interim final” rule and will be in effect as of May 1, 2011.
At its most basic, the rule will block creditors from being able to freeze or lock up finds from those bank accounts containing funds that cannot be garnished with court orders. The owners of these accounts count on these funds for their daily survival more often than not. The protected funds in these accounts are derived from:
- Department of Veterans Affairs (VA) benefits;
- Social security benefits;
- Social Security Income (SSDI); and
- Other federal benefits.
If creditors are able to lock a person’s bank account with a court order, that person will not have access to the money in that account. For those veterans and others depending on that money for their daily needs, being frozen out of their account presents a severe issue. This is despite all the above listed benefits being immune from creditor seizure under federal law.
This new rule will not allow banks to freeze the essential funds within the bank account and puts the onus on the bank to determine which funds are protected when complying with court ordered garnishments. If protected funds are present in an account, banks will be forced to make 2 months worth of benefit payments available to the account holder. It is possible future extensions of the rule could cover military retirement pay as well.
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: bank garnishment protection, benefits protection, Creditors, Federal Benefits, Interim Final Rule, Treasury Rule, Veterans disability
Posted in General | No Comments »
Monday, March 7th, 2011
The last couple of years have seen many veterans petitioning for the Department of Veterans Affairs (VA) to accept and financially support Cognitive processing and prolonged-exposure therapies. Finally, following a Government Accountability Office (GAO) report, the VA has chosen to offer both these therapies at VA medical facilities.
Estimates vary but generally average around 20% of Iraq and Afghanistan veterans return to the United States suffering from post-traumatic stress disorder (PTSD). The unfortunate problem with PTSD is that it can affect individual soldiers uniquely and not all treatments work for all PTSD sufferers.
That same GAO report indicated the U.S. government spent $24.5 million in 2009 solely on PTSD research. Comparatively, they only spent $9.9 million in 2005. The need for treatment is growing with no indication that need will slow any time soon.
The two therapies at issue have been controversial, yet to date have been shown as effective. Prolonged-exposure therapy operates by having patients meet their scary memories head on, as opposed to avoiding them. Cognitive processing therapy is slightly different in that it is fixed in the concept that PTSD itself forms out of stress, which is rooted in a divergence of the soldiers’ beliefs; one from before the traumatic event and one following the event. Soldiers then write about the event as much as possible and then read those writings to their group and in private, forcing them to address their issues.
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: Cognitive Processing Therapy, Department of Veterans Affairs (VA), Post-Traumatic Stress Disorder (PTSD), Prolonged-Exposure Therapy, VA Health Care System, Veterans disability
Posted in General | No Comments »
Thursday, March 3rd, 2011
The goal is simple in theory, not in practice. The Department of Veterans Affairs (VA) plans on providing the very best dedicated, focused, and expert care for veterans suffering from post-traumatic stress disorder (PTSD), traumatic brain injuries (TBIs), and other problematic health issues. Like everything else, however, this can only be done with money. Included in President Obama’s proposed fiscal 2012 budget is a $7.2 billion earmark to subsidize research into what have been dubbed the “invisible wounds” of this war, PTSD and TBI.
The VA already has plans to spend $6 billion to improve its care specifically for PTSD, TBI, and mental health disorders alone. Their budget request is 14.6%, or $765 million, higher than what they were given last year for more explicit treatment. Last year the VA’s budget for mental health care included substance abuse, mental health care for homeless veterans, inpatient treatment, PTSD, and TBI treatment.
Within the money allocated for the VA’s 2012 budget to advance and develop PTSD and TBI care is money specifically to sustain multiple programs in cooperation with the Department of Defense (DoD) and outreach to veterans. Additionally, they will all work together to develop new but yet undetermined treatments. This program boasts it will “lay the groundwork for psychological treatment” for future 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: Department of Veterans Affairs (VA), Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), VA budget, Veterans disability
Posted in VA News | No Comments »
Wednesday, March 2nd, 2011
The Senate will face a huge decision next week when Continuing Resolution HR1 is up for vote. Congress is in the middle of attempting to iron out the budget for 2012, and is doing so at the expense of federal funding and programs. The House authorized $61 billion in budget cuts by passing Continuing Resolution HR1 last week. In doing so, it put disabled veterans and Social Security disability claimants on the proverbial chopping block.
Suing the government is almost always going to be a very financially expensive endeavor. The Equal Access to Justice Act (EAJA) provides those people suing the government, such as veterans attempting to collect disability compensation, the ability to recover attorney fees associated with such an undertaking; up to $125/hour. If the EAJA applicant wins their case, their attorney fees are reimbursed following their case closing. The EAJA provides more than just financial assistance, however. More importantly, it provides people of every social class a vehicle with which they can pursue perceived injustices against the overpowering government.
This is important as many veterans disability lawyers and Social Security disability lawyers rely on these fees to help their clients instead of charging people who clearly do not have adequate income hefty legal fees. Without this legal assistance, many disabled people would not have the resources or knowledge to successfully obtain their disability benefits.
Attached to Continuing Resolution HR1 is Amendment 195, which will serve to temporarily stall out EAJA payments. Not one dime of the funds the Continuing Resolution HR1 authorizes will be available for the types of payments available through the EAJA. Amendment 195’s language is not definitive. What is certain is there would be no more EAJA payments in 2011, and it is unclear when, exactly, EAJA funds would again become available for disbursement, if they would be available in the same amounts, or if they would ever become available again.
There are tens to hundreds of thousands of veterans depending on Social Security and disability payments for their survival. Without the EAJA payments available, only a small fraction of those veterans would be able to successfully navigate the disability claims process. Without guarantee of payment at the end of the process, few lawyers will represent veterans throughout the claims process. So not only are veterans and their families depending on the Social Security Act affected by this Amendment, but disability law firms across the country are affected as well.
So next week the Senate will face down the Continuing Resolution HR1 and Amendment 195. Hopefully they will do the right thing and not allow this pay freeze to go into effect. If you want to help protect the rights of disabled veterans to get the legal access they need to win their disability benefits, you can contact your U.S. Senator today.
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: Amendment 195, Continuing Resolution HR1, Disability Legislation, equal access to justice act, legal help for disabled veterans, social security disability benefits, Veterans disability
Posted in General, Veterans' Disability | No Comments »
Tuesday, March 1st, 2011
The Miami Department of Veterans Affairs (VA) medical hospital performed colonoscopies using unsanitary and contaminated equipment on hundreds of patients. As a result, some of those exposed veterans now suffer from conditions ranging from hepatitis to HIV. Although the VA continues to maintain there is nothing connecting infections to VA endoscopic equipment, just over 2,500 veterans from the greater Miami, Fla. underwent colonoscopies in the Miami VA and are now at risk. To date, 5 veterans have tested positive for HIV, 8 have tested positive for hepatitis C, and 1 tested positive for hepatitis B.
There are currently 45 lawsuits pending against the Miami VA medical center. Once the proper notices are filed, it will be facing 113 more lawsuits, and that isn’t even close to being the end of things. The numbers are staggering and the Miami VA is not the only VA medical center that has recently exposed patients through improperly cleaned equipment. According to the VA, medical centers in Tennessee and Georgia also used contaminated equipment between 2004 and 2009, All told, there were approximately 11,000 veterans who underwent colonoscopies between these 3 locations.
There were multiple reasons why the situation developed as it did. An investigation into their own environment brought many of these problems to light. Some of the biggest reasons for the unsanitary colonoscopies the investigation exposed were:
- Inadequate training;
- Lack of supervision;
- Lack of communication;
- Personnel performing procedures for which they were unqualified; and
- Equipment being delivered directly to operating rooms and bypassing VA approval processes.
Once the problems were discovered, those veterans at risk were notified but they were not notified all at once due to more errors on the part of the Miami VA. It took 3 rounds of notifications, over a period of 22 months, to contact everyone possibly affected and to tell them to undergo testing.
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: colonoscopy, Contaminated Colonoscopy Equipment, Department of Veterans Affairs (VA), Hepatitis B, Hepatitis C, HIV, Miami VA lawsuit, Unsanitary Colonoscopy Equipment
Posted in General | 1 Comment »
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