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Archive for August, 2011
Wednesday, August 31st, 2011
In May, the 9th U.S. Circuit Court of Appeals issued a 2-1 ruling against the Department of Veterans Affairs (VA). The Court found the VA did not utilize an effective suicide-prevention plan, nor did they make mental health care available enough to veterans, which had dire ramifications on some attempting to file veterans disability claims for their mental conditions. The Court referred to the VA’s actions as “unchecked incompetence.”
If it stands, the 9th Circuit’s ruling will provide veterans groups with the vehicle they would need to challenge the Department of Veterans Affairs’ (VA) “procedures and timetables to speed health care to veterans.” The current administration is challenging that ruling, and seeks to have a new hearing granted in front of a larger panel on the basis the 9th Circuit “ignored basic limits on judicial authority.”
The administration does not believe the panel had the authority to even hear the case. According to their claim, Congress prevents appellate courts from “second-guessing the VA’s performance of” health care and benefits.
At the time of the original trial, 18 veterans were taking their own lives every day, which far outstretched the national average. For the veterans under VA care, the rate of suicides averaged 4-5 every day with the number of attempted suicides hovering around 1,000 per month.
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.
Tags: 9th Circuit Court of Appeals, Department of Veterans Affairs (VA), VA Mental Health Care, Veterans disability
Posted in VA News | No Comments »
Tuesday, August 30th, 2011
U.S. Rep. Mike Turner (R-Ohio) has been very vocal about ensuring the lapse in infection control protocols that occurred at the Dayton, Ohio Department of Veterans Affairs (VA) Dental Clinic never happens again. He plans on introducing a bill that will outline punishments ranging from fines to imprisonment for VA medical personnel employees with such conduct.
Turner’s bill will allow the VA to send their employees to prison for up to 12 months should they be found “intentionally bypassing safeguards.” The “lapses” that happened in Dayton exposed hundreds of veterans to potentially infectious diseases. More than 500 veterans, some collecting veterans disability, who were patients at the Dayton VA Dental Clinic voluntarily submitted to VA-provided testing for HIV as well as hepatitis C and B. Three veterans have tested positive for hepatitis.
Allegations were made that a doctor at the facility not only refused to change gloves between patient visits, but he did not use sterilized equipment in his practice. The Dayton VA Dental Clinic closed following these claims being made in July 2010, but there were already hundreds of veterans who had been put at risk.
Aside from the obvious breach of care that particular doctor allegedly made in treating his patients, Rep. Turner is also upset the doctor was able to retire prior to the VA initiating any disciplinary action against him.
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.
Tags: Dayton VA Dental Clinic, Hepatitis B, Hepatitis C, Veterans disability
Posted in VA News, Veterans' Disability | No Comments »
Friday, August 26th, 2011
Three years ago 26-year-old Lucas Senescall took his own life. A tragic situation in and of itself, his suicide was 1 of 21 among veterans in the Spokane, Washington Department of Veterans Affairs (VA) service between July 2007 and July 2008. According to the VA, 14 of those 21 veterans had direct contact with the Spokane VA Medical Center, a suicide trend seen nationwide.
Senescall’s father and brother have sued the federal government in the U.S. District Court for the Eastern District of Washington. They are seeking $1.35 million in damages stemming from the “pain and suffering they endured as a result of Senescall’s death,” which was caused by the alleged negligence of VA employees.
Senescall’s record of mental health issues are what brought him and his father to the Spokane VA Medical Center’s behavioral health unit. Senescall’s father observed his son’s communications with VA employees. Following that visit, Senescall returned home and hung himself, which is how his brother found his body.
According to the lawsuit, Senescall had attempted suicide previously. On that last visit to the VA medical center he was “despondent,” and stated to a VA nurse he did not want to exist anymore. The lawsuit claims instead of a psychiatrist offering Senescall “treatment, counseling or medication,” the psychiatrist “chastised” Senescall because he missed 3 “mental health appointments” over the previous 3 years.
Despite that treatment, Senescall called the VA medical center later that day and told the VA staff he was not “doing well.” According to Senescall’s family, the VA should have contacted Senescall’s father or the police and notified them Senescall should have been on suicide watch.
A 2009 VA Office of Medial Inspector report indicated Senescall should have given admission to the hospital as well as be examined away from his father. As a result of an “overhaul in VA suicide prevention tactics,” suicides between July 2008 and July 2009 dropped to 9, with 3 of those having contact with the medical center. By no means are these numbers acceptable, but they show a step in the right direction.
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.
Tags: Spokane VA Medical Center, veteran suicide, Veterans disability
Posted in VA News | No Comments »
Thursday, August 25th, 2011
A recent 7-month investigation in South Florida focused on drug dealing and prescription drugs ended with multiple arrests of employees of West Palm Beach Department of Veterans Affairs (VA) Medical Center. Others arrested were on veterans disability. The investigation targeted both VA employees as well as veterans.
Over the course of the operation, undercover investigators bought narcotics from 21 separate people inside the West Palm Beach VA medical center. Those drugs were purchased from VA employees, veterans, and others associated with both employees and veterans. The operation was a joint effort between:
- the State Attorney’s Office;
- the Palm Beach Sheriff’s Office;
- the VA; and
- the Office of the Inspector General (OIG) – Criminal Investigations Division (CID).
The investigation was launched out of a tip from the VA OIG about veterans selling their prescriptions. Additionally, there were drugs flowing into the VA from the street, and those were being sold on the VA property as well. In the end, those arrested ranged from people working in laundry rooms, to respiratory therapists, to pharmacy technicians.
Investigators were able to arrest 14 people initially, which lead to a total of 18 people being held in custody. Warrants were issued for at least 3 other suspects. In addition to 2 vehicles, investigators seized approximately 6,000 oxycodone pills and upwards of $200,000 in cash.
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.
Tags: Prescription Drugs, Veterans disability, West Palm Beach VA Medical Center
Posted in Disabled Veterans, VA News | No Comments »
Thursday, August 25th, 2011
The Department of Veterans Affairs (VA) has been increasing its online presence through multiple mediums in order to make itself more available to soldiers and their families in need. Now the VA has issued a new directive dictating how its employees use various social media outlets when interacting with the public about a number of topics, including veterans disability.
It is probably not well known, but the VA has more than 100 Facebook pages. They also have multiple blogs, which includes their Vantage Point, a YouTube channel dedicated solely to the VA, a Flickr page, and more than 50 individual Twitter feeds. By years’ end, the VA plans on having separate Facebook pages and Twitter feeds for every one of its 152 medical centers.
The new directive covers all social media outlets, which include Facebook pages, Twitter and RSS feeds, and blogs. It mandates “Web Communication Officers,” “Content Managers,” and “Collaboration Service Coordinators” be designated throughout VA facilities. The people in these positions will ensure all VA social media sites are in line with current VA directives and privacy protocols.
VA employees must “draw a clear distinction” when using social media between what they believe personally, and what is required of them through their professional duties. Only employees with “a need to know for the performance of their professional duties” will be allowed access the VA’s social media channels.
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.
Tags: VA Directive, VAntage Point, Veterans disability
Posted in VA News, Veterans' Resources | No Comments »
Tuesday, August 23rd, 2011
The Dignified Treatment of Wounded Warriors Act was passed in 2008 to “ensure veterans get accurate benefits and care.” As part of that act, the Pentagon established the Physical Disability Board of Review (PDBR) in response to multiple reports “adequate” treatment was not being provided to those given veterans’ disability status.
There are approximately 77,000 veterans eligible to have their disability status reviewed by the PDBR, yet only 5%, or about 2,400, of them have applied for their review. US Sen Mark Udall has asked Department of Veterans Affairs (VA) Sec. Eric Shinseki to coordinate with the Department of Defense (DoD) to contact those veterans qualifying for review of their disability status and alert them of their right to appeal to the PDBR. It is essential the veterans’ disability compensation and retirement benefits being issued are fair and adequate.
Veterans have the right to address the PDBR and ensure the disability rating they were given upon their separation from the military is accurate and they are being given all their owed benefits and services. In the few years since it was created, the PDBR has granted higher disability ratings to 56% of the veteran’s cases it has reviewed.
One reason many veterans have not applied for review is because the DoD no longer has accurate contact information in order to alert them of their right to appeal to the PDBR. According to Sen. Udall, the VA usually has more up-to-date information and is in a better position to reach many of these veterans. Sen. Udall, therefore, is asking Sec. Shinseki to have the VA share their database information with the DoD and work together in a combined effort to alert all veterans of their right to appeal.
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.
Tags: Department of Defense (DoD), Department of Veterans Affairs (VA), Physical Disability Board of Review (PDBR), The Dignified Treatment of Wounded Warriors Act, Veterans disability
Posted in Disabled Veterans, Veterans' Disability | No Comments »
Friday, August 19th, 2011
Traumatic brain injuries (TBIs) are widely known as the “signature wounds” of the Iraq and Afghanistan wars and are the basis for many veterans compensation claims. They are primarily brought on by blasts and explosions, and can occur even though helmets are being worn.
Traditional military helmets were not designed to offer protection against improvised explosive devices (IEDs), and therefore inadequately protect against them. As IEDs have become the Iraqi militants’ preferred weapon, a new helmet is warranted.
According to the Defense and Veterans Brain Injury Center, around 140,000 soldiers have been diagnosed with brain injuries since 2006. Between January and March of 2011, approximately 10,000 brain injuries were reported.
Only a few hundred of those injuries were attributed to bullets and/or projectiles. The rest of them were brain injuries ranging from mild to severe and were caused by energy blast waves, falls, and/or blows to the head.
The military is currently scrambling to develop and produce a helmet that offers multiple facets of protection. Not only must it defend against shrapnel and bullets, the new helmet must be able to protect its wearer from blast waves and blunt blows.
The military is coupling “cutting-edge research” on brain reactions to blunt force with new age materials to design the helmet’s shell and interior padding. The Pentagon has spent hundreds of millions of dollars developing a better helmet. To do so, however, they must first understand the nature of the injury.
The helmets cannot be produced fast enough. A recent study linked older veterans, who, at one time had endured a head injury with a risk of dementia twice that of veterans without head injuries.
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.
Tags: head injury, Traumatic Brain Injury (TBI), Veterans disability
Posted in Disabled Veterans, General | 1 Comment »
Thursday, August 18th, 2011
The Department of Veterans Affairs (VA) and the Department of Defense (DoD) were ordered to work together in order to create a joint health IT interagency office. The aim of this office was to increase the speed at which electronic health records (EHRs) for active duty soldiers as well as veterans can be exchanged between the agencies through a single point of access. Streamlining access to these files would likely improve the speed at which veterans disability claims are processed and help to eliminate the VA’s claim backlog.
That order was given 3 years ago and the office has yet to be completed. The entire project has come to a complete standstill, and the blame rests with both agencies.
Three specific issues arose, which caused the office’s development to stall out:
- a complete lack of leadership;
- severe understaffing; and
- bureaucratic fighting between the VA and the DoD.
Both departments, however, have had enough and are vowing to get back on track. Last March both the DoD and the VA came to an understanding as to what they would be creating. It was agreed upon by both agencies their goal is to “create a single electronic health record with compatible data, user interfaces and a common data center.”
Having established a goal, the agencies jointly appointed a new director for the project. Within weeks, the departments plan to improve the joint program’s charter, which will reveal the cooperative approach to health information technology both departments plan on following to meet their goal.
Both departments have been stubbornly refusing to let go of their respectful “authority to the office.” Of the 22 positions needed to properly manage the joint office, only 8 have been filled. The newly developed resolution between the two departments may be too little, too late, however.
Rep. Joe Donnelly (R-Ind) recently introduced the Ensuring Servicemembers Electronic Records Viability Act (HR 2470). If this bill passes, control of the EHRs would belong to neither the VA nor the DoD, but rather would rest solely with the interagency office. Both the DoD and the VA oppose that measure, which may be up for vote by early September.
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.
Tags: Department of Defense (DoD), Department of Veterans Affairs (VA), Electronic Health Record (EHR), Ensuring Servicemembers Electronic Records Viability Act (HR 2470)., Veterans disability
Posted in Disabled Veterans | No Comments »
Wednesday, August 17th, 2011
Risperdal has been the second-most often prescribed “second-generation antipsychotic” in Department of Veterans Affairs (VA) medical facilities to treat symptoms associated with post-traumatic stress disorder (PTSD). But being widely prescribed is no indication as to the effectiveness of the medication. In this case, it is no indicator at all as a recent study found Risperdal ineffective in treating PTSD symptoms among veterans. This may prove to be an important issue in cases concerning veterans’ compensation.
The study lasted 6 months and covered outpatient medical centers at 23 VA facilities. Researchers tested 367 veterans and diagnosed 296 with “military-related PTSD.” Those diagnosed had reoccurring symptoms even though they were currently taking at least two “adequate antidepressant treatments,” which included selective serotonin reuptake inhibitors (SSRIs).
Researchers gave patients either 4 mg of Risperdal or a placebo coupled with therapy. PTSD symptoms, which included depression and anxiety, were then measured on a mixture of scales. Final analysis of the data revealed “no significant difference” in the reduction of PTSD symptoms between the two groups after treatment lasting 6 months.
Although VA doctors routinely prescribe antidepressants to treat PTSD symptoms, the FDA has not approved any PTSD treatment regimen including psychiatric medication. According to the VA, almost 90% of all veterans diagnosed with PTSD and using pharmacotherapy to manage their symptoms are given SSRIs, which are the most regularly prescribed antidepressants.
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.
Tags: Post-Traumatic Stress Disorder (PTSD), Risperdal, veterans compensation, Veterans disability
Posted in Disabled Veterans | 2 Comments »
Tuesday, August 16th, 2011
The GI Bill is changing, seemingly for the better. The Department of Veterans Affairs (VA) is doing their part to make sure student-veterans are informed as to what those changes are and how they affect their time on campus, which is an important veterans issue.
The Post-9/11 GI Bill is now known as the GI Bill 2.0. This new GI Bill will provide veterans with new and expanded benefits so they can continue to attend schools of higher education without the financial worry that comes with paying tuition and fees. It is important that both veterans already enrolled and attending classes as well as veterans just beginning their college careers understand what educational benefits are afforded them under the GI Bill.
Some of the changes started taking place August 1, 2011. Veterans already enrolled in private schools will maintain the same rate of benefits as they did the previous year, even if that number is more than the GI Bill’s new $17,500 cap on private college tuition. Tuition benefits will be paid out according to the net cost of in-state tuition, and some benefits will no longer be paid during specific school breaks.
Other changes will not start until October 1, 2011. These include veterans being able to use their GI Bill educational benefits to pursue “non-college” programs, such as correspondence courses, apprenticeships, and on-the-job training. Further, student-veterans pursuing degrees through distance learning will be allotted a monthly housing allowances.
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.
Posted in Veterans' Benefits, Veterans' Resources | No Comments »
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