Archive for October, 2011

VA Acknowledges Breast Cancer Awareness Month by Giving Mammograms

Friday, October 28th, 2011

Considering October is breast cancer awareness month. The Department of Veterans Affairs (VA) has asked every female veteran to have an open dialog with their healthcare provider about receiving proper breast cancer screenings, according to an article in The Examiner.

Women face 1:8 odds they will be diagnosed with breast cancer at some point in their lives, which may make them eligible for veterans disability benefits. Although more advanced treatment is available, the 5-year rate of survival hovers around 90%. For those women lucky enough to detect the cancer while it is local to the breast, that survival rate jumps to around 99%.

The VA’s breast cancer screening process regularly outperforms private sector healthcare providers, possibly due to its integrated health system. Almost 90% of women eligible receive mammograms, which are one of the most successful methods of detecting breast cancer in its earliest stages. Quite simply, the earlier the cancer is detected, the better the chance of survival.

Women over 40 should absolutely already be in discussions with their doctors about their own personal screenings. If detection is the name of the game, the more time spent looking, the better. Mammograms are recommended every 2 years for women between 50 and 75 years old. Every woman is going to have different risk factors, and that is why the open dialogue with a healthcare provider is so necessary.

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

Disabled Veteran Sues Government After Denying Benefits for Same-Sex Spouse

Thursday, October 27th, 2011

Carmen Cardona is an honorably discharged 18-year Naval veteran with disabilities. She is also gay and legally married to her same-sex spouse. She is now suing the U.S. Government to have her partner included as a recipient of Cardona’s veterans’ benefits, according to an article on NBC.com.

The federal government does not acknowledge same-sex marriages, so where this case is going to be heard probably makes this case “the first of its kind.” Due to the subject matter Cardona is appealing her suit to the U.S. Court of Appeals for Veterans Claims.

Cardona and her wife were legally married in 2010 in Connecticut. Soon after, Cardona applied for spousal benefits from The Department of Veterans Affairs (VA), which denied her claim. This is because under the VA, there is a statute refusing to recognize same-sex marriages, despite the Don’t Ask Don’t Tell bill being repealed.

The VA is not disputing the validity or legality of Cardona’s marriage. Rather, Cardona’s spousal benefit application was denied under statute. Cardona plans to argue the denial of her claim is a violation of her rights under the 5th Amendment. Her suit is also going to challenge the Defense of Marriage Act (DOMA), which essentially allows the federal government to discriminate against gay soldiers and veterans, according to Cardona.

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.

Lawmakers Suggest Firing Director of Miami VA Hospital for Inadequate Leadership

Wednesday, October 26th, 2011

About 2 years ago, the Department of Veterans Affairs (VA), in Miami, Florida, was facing a big-time scandal, dealing with protocols of medical procedures. The scandal was due to improperly cleansed colonoscopy procedures that left thousands of veterans at risk for diseases such as HIV, potentially created more veterans disability claims, and is now resulting in lawmakers calling for the job of the Director of the facility, Mary Berrocal.

At a recent Congressional hearing, some lawmakers claim that Berrocal was not doing enough on the behalf of the VA to mitigate the damage done by the colonoscopy scandal. Lawmakers from both sides of the aisle joined forces to criticize Berrocal’s leadership, whose failings not only lead to veterans being exposed to lethal diseases, but multiple lawsuits.

Berrocal’s supporters claim she has nothing but the veterans’ best interests at heart. They go on to say her leadership now is serving to “turning the ship around.” Her critics are calling for her to be fired, claiming her efforts are not strong enough.

There have been multiple instances outside the colonoscopy incident that cause lawmakers to question Berrocal’s ability to serve in her current capacity. Although Berrocal has already been admonished for her “lack of oversight” regarding the colonoscopy issue, many feel that she should be fired considering seeing the Miami VA in the midst of a downfall under her leadership.

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.

LaVan & Neidenberg Thrive Through EZ Claim Application

Tuesday, October 25th, 2011

LaVan & Neidenberg’s new EZ Claim app has helped them achieve more adequate productivity to the needs of veterans’ disability compensation, social security disability, and long-term disability cases, according to an article on Law.com.

With hard work, motivation, and support of IBM software programs, the law firm was able to develop the EZ Claim, which has increased their gross revenue over the last 12 months by 80%. The app replaces much of the manual labor associated with processing disability claims. The law firm is now able to process, review, analyze, and file their claims 66% faster than under their current method.

Disability claims cases are often very complex, especially for veterans’ benefits, and involve many different layers. LaVan & Neidenberg found it difficult to bring people on as new employees and train them to successfully process claims, which is an uncomfortable position for a rapidly expanding business. They finally decided the best way to grow and become more efficient with the claims process was to utilize “sophisticated workflows and analytics.”

Pre-programmed questions helped the user “arrive at decisions of client eligibility, needs, and next steps.” Subsequent models became more efficient and began to eliminate the amount of paperwork with which their lawyers had to handle. It also created “files with workflow views,” which allow anyone to pick up the case, know what needs to be done, and by when. Thanks to the EZ Claim app, LaVan & Neidenberg now boast a 10-1 ratio of employee to attorney.

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.

 

EZ Claim App Makes Processing Quicker for Veterans Disability Claims

Friday, October 21st, 2011

According to an article on Ibm.com, the new development of the EZ Claim app allows the law firm of LaVan & Neidenberg to file veteran disability claims 66% faster than they were previously. This means veterans have the chance to receive money faster, which can be vital for veterans’ survival.

The environment in which the law firm operates made the EZ Claim application necessary. Not only are there more veterans filing disability claims, more paperwork than ever is needed to process those disability claims. The firm needed a way to stay ahead of the curve, which is why they joined forces with IBM to create the EZ Claim app.

 

For many veterans the money from their disability claims is needed immediately. Before the EZ Claim app was available, claim information didn’t have the resources of being stored in a single location, which meant analyzing veterans claims and responding to them manually could prolong the process.

Analytics now allows the firm to see all the claim information together as a whole, and in one place. Employees can share information easily and instantly, which not only strengthens workflow productivity, but makes it much easier to work with outside agencies, such as the Department of Veterans Affairs (VA).

Every client has about 40 documents unique to their claim. The EZ Claim app allows automation for much of the claims process on the claimant’s end, and puts the onus of processing the claim in a timely manner through the VA.

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. 

Lawsuit Claims VAs Negligence Caused Disabled Veterans’ Suicide

Thursday, October 20th, 2011

According to an article in Necn.com, a widow, of a veteran who served in Iraq, is suing the Department of Veterans Affairs (VA) for failing to provide adequate treatment for her beloved veterans’ disability before he committed suicide in 2008. This isn’t the first time the VA has been sued for a veteran’s suicide either.

In this case, the veteran started seeking VA help for his PTSD symptoms after being honorably discharged. A counselor sent a letter to the VA confirming the veterans’ diagnosis of PTSD, which was supported by the veterans’ symptoms, which included:

  • depression;
  • stress;
  • insomnia; and
  • irritability.

The veterans applications for benefits stemming from his service-related PTSD were denied 3 times, according to the lawsuit. His local VA hospital sent him off with medications for depression and insomnia, neither of which he “tolerated well.” Despite telling VA doctors of his suicidal thoughts, he wasn’t determined to be a suicide risk.

Finally, he was referred to a VA medical center in Johnson City. Doctors there noted his “continuing problems with depression, anxiety, and anger.” The VA denied his benefits claim again in 2008 and stated he supplied no “objective evidence” with which to “verify his stressors.”

Following his suicide, the VA overturned its position and found he did indeed suffer from service-related PTSD, which would’ve qualified him for benefits.

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 Issued Mandated IDs Without Proper Security Checks

Wednesday, October 19th, 2011

The entire government is under a Homeland Security directive mandating every federal agency issue personal ID cards to every employee, which for the Department of Veterans Affairs includes contractors as well as those working with veterans with disabilities. Those IDs must meet specific security requirements, and according to an article published in Fierce Government, the VA issued at least 147,000 IDs without following proper security protocols.

The VA’s Office of Inspector General (OIG) issued a report at the end of September detailing how the VA issued the IDs but never ran the employee names attached to the IDs through terrorist databases or checking with any identity source documents. The VA also never ran background checks on about 5,100 of the IDs, and at least 5,600 IDs were issued without ever checking the employees’ separation of duty status.

The OIG attributed the VA’s failings to “missing procedures and significant control lapses in enrollment center operations.” None of this was ever noticed prior to the OIG report because the VA never checked to determine if the IDs met with government mandates. This all points to another security breach at the VA.

The OIG report recommended the VA to stop issuing the IDs and work toward fixing the current issues. At this point, it’s going to cost the VA an additional $6.7 million to get the VA back on track and meet standards.

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.

Lawsuit Alleges Mortgage Lenders Defrauded Veterans

Tuesday, October 18th, 2011

The Washington Post recently published an article about how claims of fraud revolve around mortgage lenders hiding “illegal fees in veterans’ home refinancing loans,” and will likely end up totaling hundreds of millions of dollars in damages. The list of defendants to this suit include:

  • GMAC Mortgage;
  • J.P. Morgan Chase;
  • Bank of America; and
  • Wells Fargo.

According to the suit, those 4 companies have apparently been cheating veterans for years, which has amounted to a “massive fraud” not only on veterans and the United States Treasury, but on taxpayers as well, who will ultimately have to pay for these crimes.

The home loans in question were guaranteed by the Department of Veterans Affairs (VA). Specifically, they were refinancing loans offered to veterans on homes they already owned.  Potentially 90% of about 1.2 million refinancing loans are being affected. 

Current count has “tens of thousands” of those VA-backed loans in default or foreclosure. Although there are VA programs designed to help veterans with the current housing crisis, it may not apply in this instance.

This suit was brought by 2 mortgage brokers who claim they were told to hide attorney’s fees for the loans in their examination fee for the title. This is in direction violation of the VA’s rules as attorney’s fees, along with settlement fees, are not allowed to be charged at all.

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.

Department of Veterans Affairs Begins Transitioning to iPads and iPhones

Thursday, October 13th, 2011

Approximately 1,000 employees of Department of Veterans Affairs (VA) are expected to receive new iPads and iPhones, according to an article in The Federal Times. That number could increase next month as the VA continually evaluates the need for the devices for servicing veterans with disabilities.

VA employees already using mobile devices will be the first to receive the new equipment. Receiving the new equipment, however, will mean trading in the currently used laptops and/or BlackBerry devices, of which 17,000 are currently VA-supported. Following that trade-off, any employee requesting the iPad or iPhone will be required to show “a strong business case” for the necessity of the device to complete their work.

The 1,000 employees being given the new Apple equipment amount to .3% of the VA’s workforce, according to VA CIO Roger Baker. Baker participated in an iPad pilot program to ensure the stability, security, and functionality of the device while working with the existing VA network. According to Baker, there won’t be a huge influx of the devices onto the network, which may expose the VA to potential security breaches.

The Apple equipment will provide another layer of security to the VA in that the devices will be monitored. Any device downloading unapproved applications can be blocked from accessing the VA’s network. One thing that must now be figured out is how to financially pay for the devices, meaning which department’s budget will give up the money.

 

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.

 

Development of Patient Centered Medical Homes for Disabled Veterans

Wednesday, October 12th, 2011

The VA is in the process of updating their Primary Care Management Module (PCMM), which is the registry and databse for the Patient Centered Medical Homes (PCMHs). As of next year, however, the PCMM may also serve to “identify a patient’s healthcare team” and be able to interconnect them to each other and the patient. This way, when medical advice or treatment is provided, it is seen by multiple people and veterans with disabilities can be provided the “opportunity to become their own advocate.”

The PCMHs plans to be integrated into the Military Health System Clinical System. Once that occurs, clinicians can have “a single dashboard” on which is displayed electronic medical records (EMRs) as well as device data. This is significant because it won’t require logging into 2 separate systems, which means looking at multiple pages, to get the necessary information. None of this can be accomplished without the IT departments .

Both patients and health care providers could end up with more accurate, and up-to-date information. Secure messaging is going to be the vehicle in which that is made possible by collecting information on patients’ past questions and concerns so patients are given more information about their current subject matter. The approach is expected to turn out a much more comprehensive experience.

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.