Archive for June, 2011

VA Investigating Possible Nuclear Contamination at Naval Station in Antarctic

Thursday, June 30th, 2011

The Antarctic Naval station, McCurdo Station, at one time used a nuclear power plant (PM-3A) to supply electric power to the immediate area. The plant, which went live in 1962, was eventually shut down in 1973 due to “frequent malfunctions.” Those malfunctions likely led to radiation leaking from the plant, which may have been the cause of multiple cases of cancer in Navy veterans stationed there during the 1960s and 1970s.

Post-shutdown, final operating reports detailed the extent of the problems the plant faced. According to those reports, there were 438 malfunctions as well as more than 120 reported radiation leaks measuring higher than what is allowed.

Newly discovered reports, however, show grave issues within the plant not long after its 1962 launch. Those reports were made in 1967 by private engineers hired to find problems in the plant because the plant’s reactor required replacement after only 2 years online. The new reactor also had malfunction problems until the plant was closed 9 years later.

According to reports, the reactor core suffered 30 cracks. Without being able to discover its source, the engineers also discovered a fuel leak as well as increased levels of “fusion product” within the primary coolant.

Multiple Naval veterans who were stationed at McCurdo place the blame for their cancers on the leaking reactor. Barracks were located down the hill and just a few yards away from the plant. A Department of Veterans Affairs (VA) report makes mention of radioactive material moving down that hill and into the barracks.

The VA is currently reviewing documents related to this situation. It is not yet known if these veterans will be eligible for disability compensation. The VA, however, suggested all McMurdo veterans with cancer to apply for benefits.

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 Grants More Benefits To More Sailors

Wednesday, June 29th, 2011

 

The Department of Veterans Affairs (VA) is granting more sailors the possibility of drawing insurance benefits. The compensation would be dependent on  both their injuries as well as when those injuries occurred and would be paid under the Servicemembers’ Group Life Insurance Traumatic Injury Protection program. The limitations are that the injury must have happened on or after Oct. 7, 2001, and must have happened while on duty.

Regardless of the circumstances surrounding the sailors’ injuries, qualifying sailors would be eligible to draw government-sponsored insurance benefits. According to the VA, those sailors could then be entitled to benefits ranging from $25,000 to $100,000.

Injuries qualifying for the benefits will include:

 

  • burns;
  • loss of sight, hearing, or speech;
  • amputations;
  • limb salvage;
  • paralysis;
  • facial reconstruction;
  • coma;
  • 15 days of continuous hospitalization; and
  • traumatic injuries to the body or brain preventing the sailor from completing daily living activities.

The potential benefits will take effect Oct. 1, 2011. Sailors with injuries qualifying for the insurance benefits that happened in either training events or motor vehicle accidents, and happened between Oct 1. 2001 and Nov. 30, 2005 may qualify for the benefit. Those sailors do not necessarily have to have suffered their injury while supporting Operation Iraqi Freedom or Operation Enduring Freedom.

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 Regulation Provides Service Dogs For Veterans

Tuesday, June 28th, 2011

There has been much discussion in recent years about the use of service dogs for disabled veterans. The issues have ranged from the need for service dogs to even allowing service dogs into Department of Veterans Affairs (VA) facilities. The VA will finally put out a new rule defining the circumstances under which VA- subsidized assistive dogs, such as service and guide dogs, would be awarded. The regulation will also define what the VA would fund in awarding a service dog.

The VA’s assistive dog benefit will have the VA paying for veterinary treatment as well as for the dog’s hardware, which includes repair of broken hardware. Additionally, the VA cover the costs of the initial travel costs for the veterans in order to obtain the dog.

The extended benefit would only apply if a VA clinician found the service dog would “provide optimal assistance” where standard rehabilitative techniques and technological devices cannot. The VA will also demand the service dog preserve its skills as a service dog and continue to function in that role in order to continue to fund the veterans’ dogs. Finally, only certain veterans will qualify for the service dog, and those veterans must suffer from:

 

  • extensive mobility impairments;
  • hearing impairments; and/or
  • visual impairments.

This rule provides the VA to regulate the need for a service dog by distinguishing between the benefits of the dog and the benefits of “assistive technology.” The decision on whether or not to award the service dog will now rest on medical judgment and no longer on cost.

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.

Traumatic Brain Injuries Are Plaguing Veterans

Friday, June 24th, 2011

The level of mental health problems for veterans from Iraq and Afghanistan due to traumatic brain injuries (TBIs) is staggering. These problems were completely unanticipated and therefore were not able to be properly treated. The treatment for soldiers and veterans with TBIs is in a perpetual state of playing catch up. As long as that is the case, the possibility of an epidemic of veterans with psychological damage developing is very likely.

The Department of Defense (DoD) claims 332,000 soldiers have had TBIs since 2000. Most estimates put that number over 400,000, although many are given the misnomer of being mild traumatic brain injuries (MTBIs).

Most would agree there is no TBI that is mild. Almost every TBI has the potential to develop into not only physical issues rooted in chronic pain, but can also cause insomnia and sexual performance issues.

The chances of any TBI, “mild” or not, resulting in one of the following is very high:

  • depression;
  • changes in personality; and/or
  • anxiety disorders.

Roadside bombs and improvised explosive devices (IEDs) are commonplace and rampant in Iraq and Afghanistan. MTBIs occur whenever a soldier is either rendered unconscious for at least 30 minutes or experiences an “altered state of consciousness.” It is easy to see why there are so many soldiers being diagnosed with such mental conditions.

The majority of soldiers recover from MTBIs. Soldiers being exposed to multiple blasts compound their issues and lower their chances of fully recovering. MTBIs, however, are difficult to diagnose, and therefore difficult to treat. New technology, however, does not make either one impossible.

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.

Black Veterans Have Particularly High Rates of PTSD

Thursday, June 23rd, 2011

Many of the problems Iraq and Afghanistan veterans are facing are the same problem Vietnam veterans faced. Suicide rates among Iraq and Afghanistan veterans are just as high as the rates among Vietnam Veterans and like Vietnam veterans, suicide has taken the lives of more soldiers than the wars themselves. Like Vietnam, veterans are returning with “invisible casualties” at rates nowhere near expected.

Living in an environment where it is not known from second to second if something will explode in front of them has led soldiers to suffer from combat trauma. That combat trauma often leads to suicides among military personnel and veterans. The current wars, which have been ongoing for 10 years, are taking heavy tolls on the mental health of all participating soldiers.

Sidney A. Lee is a veteran and activist and believes black soldiers are more likely to develop post-traumatic stress disorder (PTSD) than other soldiers as they are assigned to combat units in higher numbers than other soldiers. Because of the higher number of soldiers with PTSD, more black soldiers therefore take their own lives, according to Lee.

He further states black soldiers have “difficulty” scoring high on the tests that would grant them access a military occupational specialties (MOS) not associated with the front lines. He goes on to say although blacks were 11% of the U.S. population from 1965-1969, they made up 12% of all troops in Vietnam and had a 14.9% fatality rate.

Lee blames the Department of Veterans Affairs (VA) of neglecting the needs of black soldiers and highlights a recent lawsuit in which the plaintiffs highlight the VA’s poor care. According to Lee, black soldiers are being put in combat situations in greater numbers than they were in Vietnam, which is in turn resulting in more PTSD among their ranks.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today – 1-888-234-5758.

VA Reaching Out To A Younger Generation Of Veterans

Wednesday, June 22nd, 2011

The Department of Veterans Affairs (VA) is in the middle of changing how they operate, which has improved the services offered to veterans. In order to access those services and benefits, however, veterans must be aware of them.

The VA is banking on the younger generation’s proclivity to embrace technology. The VA is using such platforms as smartphones and other “web-enabled applications” to reach out to younger veterans to alert them to the VA’s offered services and benefits.

For veterans with mental health issues, these efforts will likely prove critical. More than 400,000 veterans were given treatment for post-traumatic stress disorder (PTSD) last year alone. Over the last couple of years, there has been a dramatic increase in the number of veterans seeking out VA provided mental health care. This is why it is so important to connect with veterans on the veterans’ terms, where they are comfortable. Many of the younger generation are comfortable in cyberspace.

Recently developed smartphone apps offer self-assessment tools for veterans’ use. It is hoped such programs will convince those veterans in need of help to seek it out, although that app was initially designed to help with managing symptoms in hard times while allowing them to track their symptoms.

The VA also added an anonymous chat feature to their crisis line, for those who feel more comfortable communicating through chat. The only way to successfully reach out to veterans where they are is to reach out in mediums with which they are comfortable. This is especially true when dealing with veterans suffering with mental conditions strongly associated with negative stigmas.

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 Providing Hormone Treatment For Transgendered Veterans

Tuesday, June 21st, 2011

The Veterans Health Administration (VHA) very quietly issued a groundbreaking directive to all its medical centers changing standard regular benefits for transgendered veterans. The directive instructed all clinics and hospitals to provide transgendered veterans, upon request:

 

  • hormone therapy;
  • pre and post gender change surgery care; and
  • mental health counseling.

Those hospitals, however, are precluded from performing breast or genital surgeries on those veterans who are seeking gender assignment surgery. Nevertheless, the VHA is now providing routine health care to transgendered veterans that will take into consideration any special needs they would have.

Transgender-specific care can include “non-surgical, supportive care for complications of sex-reassignment surgery.” Clinicians have also been instructed to refer to transgendered veterans by their preferred gender, even if their surgery has not yet been performed.

Activists have asked the VA for years to create one standard of care for transgendered veterans because there was too much variance in care between facilities. This directive ensures all veterans are given the same level of care.

There will be many veterans who have been denied care in the past that will now be able to access their earned VA health care.

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.

Report Details Sexual Assaults In VA Medical Facilities

Friday, June 17th, 2011

According to a congressional report, 284 sexual assaults have occurred in Department of Veterans Affairs (VA) medical facilities. Further, the majority of the victims are patients. The VA responded to the report by promising to make a more secure environment and prosecute those responsible.

One problem facing the VA is actually having the assaults reported. They are now focusing on improving and expanding allegations of assaults being reported.

The report was issued by the Government Accountability Office (GAO) and covered the years between January 2007 and July 2010. The report placed much of the blame for the attacks on the VA’s lack of proper patient screening. According to the GAO, proper screening would aid the VA in predicting which people are likely to become a sexual offender.

The GAO also faulted the VA for not providing proper protection for both VA patients and their employees. The VA’s failings included alarm and surveillance systems that did not function as they were designed, malfunctioned, or did not work at all. Multiple times security personnel were never alerted when someone was in trouble despite being in the same unit at the time.

The GAO report did not conclude how many of the reported assaults were verified or how they were resolved. The following allegations were included in the total amount of reported assaults:

  • 67 rapes;
  • 185 inappropriate touchings;
  • 8 forceful medical examinations;
  • 13 forced or inappropriate oral sex; and
  • 11 other sexual assaults.

According to the VA, all allegations are investigated. Although the report brought these sexual assaults to the light, the problem is likely much more widespread with many assaults never being reported.

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.

Lejeune Victims One Step Closer to Getting Much Needed Help

Thursday, June 16th, 2011

Sen. Richard Burr introduced his Caring for Camp Lejeune Veterans Act, designed to help people who were victimized through their exposure to contaminated water at Camp Lejeune. Sen. Burr expects the committee to vote  on his bill this month.

Sen. Burr is the top Republican on the committee, and has been unable to gather support for his bill from other senators. If the bill passes this vote, it will be the bill’s furthest progress in 2 years.

If it passes, the bill would mandate the Department of Veterans Affairs (VA) offer health care to all veterans and their families:

  • who lived at Camp Lejeune between the years 1957 and 1987; and
  • who have illnesses due to their exposure to toxic and/or contaminated water.

The Department of Defense (DoD), the VA, and several veterans organizations have issues with the bill, however. Their main concerns lie with the idea that funding the bill would take money from already established resources.  This is just one concern the bill would have to surmount in order to get enough votes to pass the Senate.

Two years ago Burr’s bill was derailed by an alternative bill, which proposed the DoD should be made responsible for veterans and their families exposed to Lejeune’s contaminated water. Sen. Burr’s bill would put the responsibility on the VA to provide health care but would agree to having the DoD pay for the health care.

Sen. Burr believes  just under 30,000 would require health care despite the fact close to 1 million people were likely exposed to the toxic water.

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.

More VA Housing Available For Homeless Veterans And Their Families

Thursday, June 16th, 2011

The Department of Veterans Affairs (VA) is still fighting to meet VA Sec. Eric Shinseki’s promise to eliminate homelessness among veterans. One of its main weapons in this fight has been expanding transitional housing. The VA’s latest initiative will create 34 new VA housing opportunities in cities across the nation.

The VA currently provides 15,000 transitional beds. This effort will add more than 5,000. Sec. Shinseki is proud of this effort as it will result in an improved quality of life for thousands of veterans and help the VA take another step toward eliminating veteran homelessness.

The Building Utilization Review and Repurposing (BURR) initiative is the result of 2 years of work. This enterprise had the VA find VA-owned buildings determined to be unused and underused yet suitable enough so as to be turned into a new housing opportunity. The housing will be occupied by veterans and their families determined to be “at-risk” for becoming homeless.

The VA utilized public and private funding to subsidize the program. They also used the VA’s enhanced-use lease (EUL) program, in which the VA maintains ownership of the land, and therefore controls the purpose for which the land is used.

The land will be used to provide safe and affordable housing for “at-risk” veterans, and will be awarded on a priority basis. The housing will be made available to both returning veterans as well as elderly 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.