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Archive for September, 2011
Friday, September 30th, 2011
Often laws are seemingly passed “in a bubble,” meaning although the intentions behind the law may be good, there is very little regard given to how the passed law will affect those it is intending to serve and/or protect. This may very well be the case with Florida statute 395.3025. This statute speaks to patients gaining access to their own medical records, and ends up causing a financial hardship for those veterans relying on their disability compensation as their only source of income.
Currently, Florida statute 395.3025 forces anyone requesting a copy of their medical records to pay $1 per page. Although $1 may not seem like much, to someone with a limited income and years of medical records, that $1 can quickly add up. The intention of the statute may have been to help the State offset some of their costs, and thereby save taxpayers money, the consequences of the statute put those same taxpayers in very unfortunate and disadvantageous situations.
Many people rely on veterans disability or Social Security payments as their only source of income, which is very limited and fixed. Being awarded veterans or Social Security disability is not a quick or simple process, however. It is not unusual for claimants to have to attend multiple hearings for multiple reasons. It is also not unusual for many claimants to be denied their claims because they could not afford copies of their medical records to substantiate their claims.
This statute is negatively affecting thousands upon thousands of lives. It is seemingly working against disabled veterans having access to available federal money. That same federal money relieves the state of Florida from having to support uninsured and disabled individuals.
If you believe the the statute should make available those records free of charge for those people using their own medical records to support either an initial disability claim or an appeal against the Social Security Administration or the Department of Veterans Affairs (VA), please sign the petition to support an end to the $1 per page charge for disabled Floridians.
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: disability compensation, Florida statute 395.3025, Social Security Disability, Veterans disability
Posted in Veterans' Benefits, Veterans' Resources | No Comments »
Thursday, September 29th, 2011
Since Memorial Day the Department of Veterans Affairs (VA) Houston National Cemetery has faced allegations of attempting to regulate and control the freedom of religious speech during VA-sponsored events, such as ceremonies and funerals for both veterans with disabilities, and those without. The alleged attempt at censoring religious speech during a Memorial Day ceremony led to a federal lawsuit being filed against the cemetery, which was finally settled.
As part of an agreement that arose from mediation, the VA has made multiple agreements as to how the cemetery will operate going forward, according to an article in The Houston Chronicle. The final agreement does not have a Judge’s signature on it yet, but filed documents detail the settlement.
To begin, the VA has agreed to pay $215,000 worth of fees and expenses for attorneys but has said that payment does not equate to any admission of guilt or liability. The payment is part of an existing VA policy and/or practice.
Most importantly, the VA openly agrees not to “interfere,” adjust, or control any words of “religious expression” without a family’s objections. Further, there will be no restriction on the types of services held with regard to “religious or secular content.” The VA has also agreed to in no way limit any level of private, religious speech during a ceremony the VA is sponsoring.
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: Houston National Cemetery, Memorial Day, Religious Speech, Veterans disability
Posted in General | No Comments »
Wednesday, September 28th, 2011
Gulf War Syndrome is a particularly challenging disease for veterans, as it cannot be definitively diagnosed. Essentially, one must rely on a process of elimination of symptoms in order to reach a diagnosis. It’s been 20 years since the Persian Gulf War, and veterans with Gulf War Syndrome are still filing veterans disability claims for this complex disease.
According to the San Diego Union Tribune, a group of researchers in San Diego are working on developing a single definitive diagnostic tool for Gulf War Syndrome. The Department of Veterans Affairs (VA) currently diagnoses Gulf War Syndrome based on a series of presumptions depending on veterans’ symptoms. Doctors issue their final Gulf War Syndrome diagnosis by eliminating all other physical disorders.
Researchers attempting to develop a diagnosis are doing so by focusing on lung and nerve receptors tied to various respiratory problems that seem to be common in many Gulf War veterans. Although they demonstrate many of the tell-tale symptoms of respiratory illnesses and lung diseases such as chronic bronchitis or asthma, they do not test positive for the inflammatory lung diseases.
Being able to diagnose Gulf War Syndrome with a fair degree of accuracy will help all those involved as it is only then when effective treatments can be developed.
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: Gulf War Syndrome, gulf war veterans, Persian Gulf, Respiratory Illnesses, Veterans disability
Posted in Disabled Veterans, Veterans' Disability | 1 Comment »
Tuesday, September 27th, 2011
The Department of Veterans Affairs (VA) is still very much struggling with understanding how to fully treat soldiers and veterans with traumatic brain injuries (TBIs).
Recognizing the debilitating effects of TBIs — and perhaps their own limitations in understanding and treating them in respect to the amount of TBI-related veterans disability compensation claims – the VA will be providing retroactive benefits to more veterans, according to an article in The LA Veterans Affairs Examiner.
Soldiers who suffered TBIs outside of Operations Enduring (OEF) and/or Iraqi Freedom (OIF) will now be able to draw benefits. The injuries must have been sustained between October 7, 2001 and November 30, 2005. Where they were sustained, however, is no longer relevant. This means even soldiers who were hurt stateside can qualify for the retroactive benefit. The requirement for OEF and/or OIF service to receive the benefit was removed with the passage of The Veterans Benefits Improvement Act of 2010.
The benefits are being paid under the Servicemembers’ Group Life Insurance (SGLI) Traumatic Injury Protection Benefit (TSGLI). Even better, the soldier with the injury did not have to have been carrying SGLI coverage at the time the injury occurred. Payments can range from $25,000 to $100,000, and will vary depending on the type and severity of injury sustained.
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: Servicemembers’ Group Life Insurance (SGLI) Traumatic Injury Protection Benefit (TSGLI)., The Veterans Benefits Improvement Act of 2010, Traumatic Brain Injuries (TBIs), Veterans disability
Posted in Disabled Veterans, Veterans' Benefits | No Comments »
Friday, September 23rd, 2011
A recent article in Ammoland states that some veterans are being banned from owning firearms because they use a fiduciary to handle their veterans benefits.
The problem arises because once a veteran begins using a fiduciary in such a way, the “federal government considers that person to have been ‘adjudicated as a mental defective.” Once a person is adjudicated as a “mental defective,” they are no longer allowed to possess firearms.
The U.S. House Veterans Affairs Committee recently addressed this issue when they passed The Veterans Second Amendment Protection (VSAP) Act. That act was passed as part of H.R. 2349, a larger bill focusing on helping veterans. The VSAP Act is backed by the National Rifle Association (NRA) along with multiple other veterans’ groups.
The bill addresses the prohibition on firearms specifically. Any veteran who is being forced to undergo a “mental health decision” would first have to be determined to be dangerous by a court of law before being forced to give up their firearms.
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: The Veterans Second Amendment Protection (VSAP) Act, Veterans' Benefits
Posted in US Military Legislation | No Comments »
Thursday, September 22nd, 2011
The law preventing openly gay soldiers from serving in the military is officially at an end. The Don’t Ask Don’t Tell law, which was first enacted in 1993, was repealed this week, and that repeal will affect such things as current pending investigations and veterans disability.
In the last 18 years more than 14,000 soldiers have been discharged from the military for admitting they were gay. According to Fox News, it is estimated that there are approximately 65,000 soldiers actively serving in today’s military who are also gay, and will no longer have to worry about losing their veterans benefits.
The Pentagon has issued reassurances of the military’s ability to drive on and continue to function in no different manner than it currently functions. The emphasis this week has been on “business as usual” in military operations.
The Marine Corps seemed to be the most concerned with repealing the law initially because of their limited size and vast deployments. Now it seems they are the branch of the service moving to the forefront of ensuring the repeal is implemented. Multiple influential military soldiers testified to how the Don’t Ask Don’t Tell “harmed the force’s integrity.”
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: Don’t Ask Don’t Tell, Pentagon, US Marine Corps, Veterans disability, Veterans' Benefits
Posted in US Military Legislation | 1 Comment »
Wednesday, September 21st, 2011
The Department of Veterans Affairs (VA) operates the Veterans Health Administration (VHA), which is the “largest integrated health care system in the country.” An article in Gant Daily, however, focuses on the rates at which VHA patients rebound, or return to the VA’s hospital for further health care, often for issues related to veterans disabilities.
Like Medicare, the VHA tries to eliminate patients being re-admitted, and thus cut down on health care costs and provide better health care to patients. Although the VHA staff believed differently, it appears their readmission rates are just as high as those of private hospitals.
According to a new study, the blame may not lie with the hospitals. They may, in fact, be fighting an uphill battle right from the start, according to findings from a recent study that evaluated more than 100 private and VA hospitals.
The VA has been “very focused on effective discharge planning” over the recent years, and is working toward setting a national standard in health care. As one researcher stated, however, “it makes you wonder how much hospitals can really control readmissions if a place like the VA cannot have dramatically lower rates.”
Generally VA healthcare is rated at least as good if not better than private health care in most areas. The cost for readmissions runs into the tens of billions of dollars a year for Medicare, so it is one area of care where improvement is mandated.
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: Medicare, VA health care, Veterans disability
Posted in VA News, Veterans' Disability | No Comments »
Tuesday, September 20th, 2011
The Miami Herald is reporting on the Department of Veterans Affairs (VA) handing down a discipline against the Director and Ex-Chief of Staff of the Miami, Florida VA Medical Center. The discipline is related to the “lack of oversight” used following the discovery of un-sanitized equipment being used to perform colonoscopies.
According to the VA, Miami VA Hospital Director Mary Berrocal, along with her ex-Chief of Staff Dr. John Vara, waited too long to inform 79 Florida veterans they may have been exposed to hepatitis or HIV as a result having undergone colonoscopies with the tainted equipment.
Officials at the Miami VA hospital did originally give notice to approximately 2,500 veterans potentially at risk for infection. The 79 veterans in question were not part of that original notification procedure, however, and were not notified of their potential risk for more than 1 year. There are 12 other veterans who were not notified about their potential risk for another full year after those 79 were alerted.
The Miami VA tested 2,500 potentially infected veterans and found 5 positive HIV tests, 8 positive hepatitis C tests, and 1 positive hepatitis B test. At this point, however, there is no way of knowing if those positive tests were the result of the veterans’ exposure to the “improperly cleaned equipment.” Nevertheless, the VA has offered lifetime health care for those who delivered positive tests.
The VA’s investigation determined Berrocal and Vara played significant roles in the delay in alerting veterans to their risk. The VA, however, will not release information confirming or denying the implementation of their recommended actions.
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: Miami VA Medical Center, Veterans disability
Posted in General, VA News | No Comments »
Friday, September 16th, 2011
The Defense Video and Imagery Distribution System is reporting on a new program seeking to give wounded warriors and veterans a new outlook on life. The program is called the Spirit of Wounded Warriors and Veterans: Healing the Soul through Artistic Expression, which was created via a joint effort between personnel from multiple agencies and is designed to help veterans with disabilities.
Much of the focus of the program is on veterans suffering from such mental conditions as post-traumatic stress disorder (PTSD) and traumatic brain injuries (TBIs). The program itself provides veterans with a venue in which to show their personal artwork. There are no limits on the veterans that are allowed to submit their work to the program, i.e., veterans from all wars and conflicts are encouraged to apply.
Many veterans find creating art a very welcome distraction because it allows them to put their focus and concentration into something other than any present mental conditions and the symptoms associated with them. For many, this is an alternative therapy unrivaled by any other form of help.
Providing a distraction is one huge benefit, but another is veterans increasing their confidence in themselves and their art. Some have taken that initial distraction creating art seemed to provide for them and turned their artwork into full-time careers. Rebuilding confidence for disabled veterans with mental conditions is vital in their recovery.
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: Alternative Therapy, Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injuries (TBIs), Veterans disability
Posted in Disabled Veterans, Veterans' Resources | 2 Comments »
Thursday, September 15th, 2011
Not every seizure disorder is related to epilepsy. Psychogenic non-epileptic seizures are emotionally-based seizures and have a tendency to go undiagnosed in veterans for much longer periods of time than civilians, according to an article in U.S. News & World Report. For those suffering from this disorder and not being properly diagnosed, valuable time can be lost from their veterans disability claim.
Despite psychogenic non-epileptic seizures having a vastly different origin than epileptic seizures, the physical manifestations of both, the seizures, appear to occur the same way. This means it is very difficult to tell the seizures from each apart from each other. Because that is the case, diagnosis of psychogenic non-epileptic seizures becomes very difficult.
A recent study examined 50 veterans and 50 civilians. Each had been diagnosed with psychogenic non-epileptic seizures. From the time when symptoms began manifesting themselves, it took an average of 5 years for veterans to receive their final diagnosis. It only took about 1 year for civilians. Almost 60% of veterans had their symptoms and seizures written off to being side effects of traumatic brain injuries (TBIs), which can, under some circumstances, lead to epilepsy.
Researchers were able to offer very little explanation as to why there was such a long period of time of delayed diagnosis among veterans. One potential reason suggested was the lack of epilepsy monitoring units available at Department of Veterans Affairs (VA) medical centers across the nation.
There are two main problems accompanying a mis-, or delayed, diagnosis. First, it can extend the veteran’s disability being untreated. Second, many veterans are initially given epilepsy medication, which not only do not help, they can cause very serious side effects.
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: Epilepsy, Psychogenic Non-Epileptic Seizures, Traumatic Brain Injuries (TBIs), Veterans disability
Posted in Veterans' Disability | No Comments »
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