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Archive for the ‘Iraq-Afghanistan War’ Category
Wednesday, May 15th, 2013
With an aging population of disabled veterans and many younger veterans returning from Iraq and Afghanistan with service-connected ailments, the number of disability claims continues to grow almost as fast as they can be processed. Currently, the veterans’ claim backlog is approximately 850,000.
A new issue has been arising in the fight against the increasing disability claim backlog – some disabled veterans pass away before their disability benefits claims are resolved. Some veterans wait years for a decision on their claim, and sometimes they succumb to their disabling conditions or age before they are able to see a single cent of their benefits.
Vietnam veterans are currently the largest demographic of disabled veterans awaiting decisions on their benefit applications. About 38 percent of those stuck in the queue served in Vietnam, while the next largest group which makes up about 22 percent is of Afghanistan and Iraq veterans.
As new filings for disability benefits continue to pile up, there are thousands of veterans awaiting decisions on appeals. Veterans who file an appeal must do so at the first level of arbitration with the Board of Veterans’ Appeals. Waiting times at this level average 1,040 days – just under 3 years – before a decision on the appeal is rendered.
Many veterans who must undergo the appeals process for their veterans’ disability benefits had already waited through the initial review process, and are now faced with several more months of waiting for a decision on their appeal. The Pittsburgh Tribune-Review investigated 160,000 appeals from 2009 to early 2013, finding that during that time nearly 3,000 veterans died before a decision was rendered on their appeal case.
The Law Offices of LaVan & Neidenberg, P.A. can help disabled veterans with first-time filings for disability benefits, as well as veterans appealing a disability rating or benefit decision. Handling the appeals process is not something disabled veterans or their families have to go through alone: contact us today – 1-888-234-5758.
Tags: appeals, Disabled Veterans, Veterans Disability Benefits
Posted in Disabled Veterans, General, Iraq-Afghanistan War, Veterans' Benefits, Veterans' Dependents, Vietnam veterans | No Comments »
Wednesday, May 1st, 2013
Some Iraq and Afghanistan veterans may have suffered health problems that may lead to disability claims as a result of exposure to open burn pits during deployment. Respiratory problems have been linked to exposure to these pits among vets who were stationed at or near bases that use these pits to dispose of trash from the base. Recently, the Forward Operating Base Salerno has come under fire for inoperable incinerators and use of open burn pits for trash removal.
The Salerno base is home to two inoperable burn pits that have gone into disrepair over the three years since they were initially installed. Currently, stagnant water has built up near the pillars which may create a potential hazard to nearby servicemembers, as it could become a breeding area for mosquitoes carrying malaria.
Burn pits were banned by the Pentagon in large war-zone bases due to the large number of health concerns and lawsuits, according to Stars and Stripes. Servicemembers in active duty in the areas where burn pits are operated may later find they suffer from health conditions due to their exposure to these burn pits.
From Agent Orange use in Vietnam to toxic burn pit fumes in Iraq and Afghanistan, any veteran who is exposed to environmental hazards during his or her active duty that causes disability may qualify for veterans disability benefits.
Proving a connection between military service and the disabling conditions is necessary to file a claim. A veterans disability attorney from the Law Offices of LaVan & Neidenberg, P.A. can help if you’re pursuing a claim related to health conditions stemming from burn pit exposure, or other conditions resulting from military service. Contact us at 1-888-234-5758.
Tags: Burn Pits, Veteran Disabilities
Posted in Disabled Veterans, General, Iraq-Afghanistan War, Veterans' Disability | No Comments »
Friday, January 25th, 2013
Many disabled veterans return from the battlefield suffering health conditions that impair sexual function. Both physical and mental wounds can cause erectile dysfunction (ED) in male veterans, which may be treated prescription medications. Records from the Department of Veterans Affairs (VA) have shown increased expenses for Viagra and Levitra, according to a recent Washington Post article.
Costs for Prescriptions for Sexual Function Treatment on the Rise
The VA’s records reported a $71.7 million expenditure on drugs which included erectile dysfunction drugs such as Viagra and Levitra. This was a dramatic increase from the $27.1 million spent in 2006. In fiscal 2012, monthly prescriptions for sexual dysfunction drugs numbered 4.5 million prescriptions, up from only 2.7 million in 2006, according to the Post.
Officials believe the increase in spending is due to the increased number of troops returning from Iraq and Afghanistan. Many of these veterans suffer disability from mental health conditions such as Post-Traumatic Stress Disorder (PTSD) and depression. The article notes a study from the Journal of Sexual Medicine from 2012 that showed that veterans who suffer from PTSD are more likely to suffer from ED.
Jason Hansman, senior program manager of the health and mental-health program at the Iraq and Afghanistan Veterans of America non-profit group says that both conditions are common causes that limit sexual function. “It’s a very good sign that the VA is paying out and not trying to avoid the issue in any way,” says Hansman, “Sexual health is part of the holistic picture of health for veterans.”
Sexual Function is a Factor for Veterans Disability
Erectile dysfunction is a condition that may be considered as part of a veteran’s disability rating if it can be attributed to conditions suffered due to their service in the military.
The VA offers free medication and treatment for these disorders if it is found that the disabilities are caused by events that occurred during service. Even veterans who cannot provide a connection between their sexual function disorders and their military service may obtain ED medications at a lower cost through the VA health care system.
Disabled Veterans’ Rights to Compensation
Disabled veterans who believe their disabilities were caused by exposures, events or injuries during their military service may be eligible to file for veterans’ disability benefits. Sexual function disorders, genitourinary injuries, and other health issues that cause conditions such as ED will need a diagnosis and review by a doctor to determine connection to military service.
The veterans’ disability attorneys at the Law Offices of LaVan & Neidenberg, P.A. in South Florida are here to help veterans who have yet to file a claim for benefits or are in the process of appealing a decision. Contact our veteran’s disability rights firm today – 1-888-234-5758.
Tags: Disabled Veterans, sexual function
Posted in Disabled Veterans, General, Iraq-Afghanistan War, Veterans' Disability | No Comments »
Tuesday, January 22nd, 2013
The numbers are in for veterans’ disability benefits distributed over the past decade, and the costs have more than doubled since 2000.
A recent report from the Department of Veterans Affairs (VA) shows that in 2000 the government issued $14.8 billion in veterans’ disability benefits, and $39.4 billion in 2011 – a $24.6 billion increase in just 11 years. The VA reports that 3.4 million of the nation’s 22.2 million veterans were disabled during their military service.
Why More Veterans Are Drawing Disability Benefits
As noted by a recent USA Today article, VA officials and others mention several contributing reasons for the increase in veterans’ disability claims:
- Soldiers being sent on multiple deployments.
- More veterans are being made aware of their right to seek disability benefits.
- Ailments associated with Agent Orange and Gulf War syndrome are better defined and identified as conditions for veterans’ disability ratings.
- Service-related disabilities worsen with age and more WWII veterans are reaching this stage in their lives.
- Rule changes for diagnosing and classifying service-connected Post-Traumatic Stress Disorder (PTSD).
Advances in medical care have also improved diagnosis of Traumatic Brain Injury (TBI). The list of medical conditions associated with Agent Orange exposure and the toxins in the Gulf War deployment areas has been expanded over the years as more research comes to light, which may allow more veterans’ disability claims to be approved.
Age Can Be a Factor for Those Who Seek Veterans’ Disability Benefits
The younger generation of veterans is more aware of its rights to compensation for disabling conditions developed due to military service. Iraq and Afghanistan War veterans seem to be more likely to seek their benefits thanks to more VA outreach and a diminishing stigma over seeking help for combat injuries.
The older generation of veterans may now be more proactive in seeking veterans’ disability claims due to outreach initiatives designed to inform older veterans of their right to compensation. As veterans increase in age, old “war wounds” that were previously ignored may worsen, prompting them to finally seek care and compensation for their service-connected disabilities.
Veterans’ Disability Benefits Are a Right for All Veterans
Any veteran who has ended their military service with a discharge other than dishonorable may be eligible for veterans’ disability benefits if they have a service-connected disability. Compensation for disabling conditions is dependent on the veterans’ disability rating which assesses the severity of the condition and how it impairs the veteran’s life.
When filing a claim for veterans’ disability benefits, you must prove your military service and show evidence that an injury occurred during this time as a result of your service, or that you were exposed to harmful environmental conditions that later caused a disabling disease.
If you are a disabled veteran and have been denied disability compensation or have not yet applied for VA disability benefits, an attorney from the Law Offices of LaVan & Neidenberg, P.A. in South Florida can help. Contact our veterans’ disability firm – 1-888-234-5758.
Tags: benefits, Veterans disability
Posted in Disabled Veterans, General, Iraq-Afghanistan War, Veterans' Benefits | No Comments »
Thursday, January 10th, 2013
Hearing loss may not seem like a combat-related injury, but thousands of Iraq and Afghanistan veterans are learning otherwise. Prolonged exposure to dangerous or repetitive noise levels has been shown to cause hearing issues that qualify as veterans’ disability conditions.
Hearing Loss is a Widespread Problem
A soldier does not have to be deployed to suffer hearing damage. From combat to control tower, hearing damage due to environmental factors such as repetitive noise may be a risk in a number of military roles.
According to Army audiologists via a Raleigh News & Observer report, at least one fourth of veterans who served in the Iraq or Afghanistan areas now suffer some degree of hearing loss. Over time, these veterans’ hearing abilities are expected to worsen naturally with age, which can increase the severity of hearing damage from military service.
Tinnitus – ringing in the ears – and hearing loss are now a common veterans’ disability seen on disability benefit applications. Recent reports from the Department of Veterans Affairs (VA) found that among the 805,000 veterans who began receiving disability benefits in 2011, close to 148,000 were compensated for this condition.
This topped the list of veterans’ disabilities, with Post-Traumatic Stress Disorder (PTSD) next on the list with 42,700 claimants that year.
Preventing Hearing Loss During Active Duty
The military is working on several methods of protecting soldiers’ hearing during active duty. One of the major issues causing hearing damage is not a lack of preventative measures, but rather educating and convincing the soldiers to use the equipment according to an audiologist quoted in the News & Observer article.
Soldiers undergo regular hearing tests and prior to deployment a benchmark test is done to record hearing accuracy. Upon return, the soldier’s hearing is reevaluated to see if any change occurred. Positive tests are conducted again to make sure they are accurate and not just a temporary condition such as fluid in the ear. When a solider is known to have suffered hearing damage, steps are taken to prevent further damage.
Applying for Benefits for Disability
After a diagnosed case of hearing problems related to military service, a veteran may be eligible for veterans’ disability benefits through the VA. The severity of the condition and its impact on a veteran’s life will be determining factors in his or her disability rating. Other factors such as type of assignment and area of deployment may also factor into the disability rating.
If you or a loved one has applied for disability related to hearing loss and received a denial or unfair disability rating, contact the Law Offices of LaVan & Neidenberg, P.A. Our attorneys are here to help veterans with initial disability benefit claims or existing cases. 1-888-234-5758.
Tags: hearing loss, Veterans disability
Posted in Disabled Veterans, Iraq-Afghanistan War, Veterans' Disability | 1 Comment »
Tuesday, January 8th, 2013
A new bill will improve veterans’ benefits in several areas thanks to an affirmative vote in the House of Representatives late last year.
On December 30, 2012 the House unanimously approved S. 3202, the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012. The bill, which has been in legislative review since its introduction on May 17, 2012, is awaiting President Obama’s signature. It will provide new guidelines and provisions for many types of benefits.
Dignified Burial Benefits
The bill has several provisions slated to provide dignified burial resources for veterans who do not have an identified next of kin to care for their funeral arrangements. Under the new law, the Department of Veterans Affairs (VA) will furnish a casket or urn for the deceased veteran.
In cases where a next of kin is identified, the bill requires the VA to ensure the wishes of that individual are met in regards to type of burial services and interment at a national cemetery. Improvements to communication by medical examiners and funeral directors with the VA will also help ensure that the honor of the deceased veteran is upheld.
Changes are also to come for the handling of unclaimed or abandoned remains of deceased veterans. The VA will be cooperating with veterans’ service organizations to assess the eligibility of unclaimed or abandoned remains for burial in a national cemetery.
Burn Pit Registry for Iraq and Afghanistan Veterans
As more Iraq and Afghanistan veterans return from their service, many are seeking veterans’ benefits for disabling conditions related to toxic environmental exposures. Burn pits in the Middle East combat zones may cause Iraq and Afghanistan veterans to suffer from respiratory illnesses and other service-connected diseases. These health conditions are often a factor when these veterans seek VA benefits for disability.
An open burn pit registry is now required to be established by the VA to track the location of open burn pits in the Iraq and Afghanistan combat areas where U.S. soldiers were stationed. The burn pit registry will track the individuals deployed in these areas and help provide them with information regarding the registry’s purpose and how they can seek assistance regarding health concerns.
Iraq and Afghanistan veterans who were stationed near an open burn pit should inquire about the burn pit registry for future reference in regards to their health. Exposure to the toxic fumes from the open burn pits have been found to cause health complications over time. While symptoms may not be present now, all veterans have the right to apply for veterans’ benefits when they believe a disability they suffer from post-service is connected to their active duty in the military.
Ensure You Get Your Rightful Benefits
Whenever changes are made to VA disability benefits you should make sure you are receiving the full scope of that to which you are entitled. At the Law Offices of LaVan & Neidenberg, P.A. our attorneys are here to help veterans with initial benefit claims or existing cases. Contact our firm today to discuss eligibility for veterans’ benefits or to go over an existing application – 1-888-234-5758.
Tags: burn pit registry, Iraq and Afghanistan veterans, Veterans' Benefits
Posted in Disabled Veterans, Iraq-Afghanistan War, Veterans' Benefits | No Comments »
Monday, October 15th, 2012
Afghanistan veterans and those serving in other combat zones who are waiting on disability claims with the Social Security Administration (SSA) to receive Social Security Disability Insurance (SSDI) may soon benefit from an important piece of veterans legislation.
The Recovering Service Members Disability Benefits Act was introduced by Rep. Glenn Thompson, a republican from Pennsylvania. A positive outcome could reduce the waiting time for veterans filing for SSDI.
The bill seeks to exempt veterans disabled in a combat zone, such as those serving in Afghanistan, from the five-month waiting period prior to filing for SSDI payments. This means that active-duty, reserve and National Guard servicemembers who were injured during combat would not have to wait as long for their benefits after returning to the states and taking up veteran status.
Veterans who are permanently disabled may file for SSDI payments in addition to benefits from the Department of Veterans’ Affairs (VA). Meanwhile, veterans disability claims with the VA may be filed by veterans who believe their disabling condition resulted from military service. Certain qualifications such as the nature of the disability, conditions of discharge, and the severity of the health condition will all factor in to the VA’s decision whether to grant benefits.
Veterans legislation is often introduced to address concerns for veterans disability cases, and the veterans of the Afghanistan and Iraq wars have been recent focuses of proposed house and senate bills. More focus has been placed on increasingly common disabling conditions such as post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI).
The SSA disability claim process may differ from applying for veterans’ disability benefits, which is why it is important to work with an attorney who is familiar with both types of cases. 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 veteran’s disability rights firm today – 1-888-234-5758.
Tags: Afghanistan veterans, veterans disability claims, veterans legislation
Posted in Disabled Veterans, General, Iraq-Afghanistan War, US Military Legislation | No Comments »
Thursday, September 20th, 2012
Stanley Laskowski III is a former Marine Corps sergeant that returned from the Iraq War in 2003. His years of service resulted in nightmares, flashbacks, and paranoia that lasted for years and resulted in a diagnosis of Post-Traumatic Stress Disorder (PTSD).
Laskowski sought treatment through the Plains Twp. Medical Center, a facility under the Department of Veterans Affairs (VA). Clinicians there prescribed several medications that he claims were not suitable for effective treatment of PTSD and its symptoms.
The alleged mistreatment of this disabled veteran has led to the filing of a $5 million lawsuit against the VA for medical malpractice. Laskowski’s complaints carry beyond the medication issue – he claims that for four months he was denied access to a trained physician or psychiatrist after an April 2007 examination revealed he should seek treatment.
Laskowski was arrested in August 2007 for breaking into a pharmacy to steal prescription medications. The VA is countering the lawsuit, claiming that he had a history of substance abuse prior to joining the Marine Corps and that it continued even after he began receiving more thorough treatment. The VA also counters that Laskowski did not reveal the full extent of his symptoms to clinicians at the VA.
The trial concluded this week, although Laskowski’s attorney does not expect a verdict for several weeks.
Veterans who do not seek help for mental disorders may face serious disability in their later years. It is important to talk with a veterans’ disability lawyer to discuss options for filing for veterans’ disability benefits to receive necessary assistance.
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 veteran’s disability rights firm today – 1-888-234-5758.
Tags: medical malpractice lawsuit, PTSD, VA lawsuits, veterans legislation
Posted in Disabled Veterans, General, Iraq-Afghanistan War | No Comments »
Monday, August 20th, 2012
A 2007 report on the Department of Veterans’ Affairs website examined the prevalence of post-traumatic stress disorder (PTSD) among Vietnam veterans, finding that ethnic veterans suffered from this disorder at a higher rate than white veterans. The report cautioned that not all reports were consistent, but noted that the cumulative findings may suggest a higher risk of PTSD among minority servicemembers and veterans.
The report cites a 1990 study, the National Vietnam Veterans Readjustment Study, which found rates of current PTSD at the time were 28% for Hispanic Vietnam vets, 21% for African American vets, and 14% for white vets. The VA report also indicated a higher rate of lifetime PTSD events among minorities compared to white veterans – 45-57% for American Indians, 43% for African Americans, 39% for Hispanics, 38% for Native Hawaiians, and 24% for whites.
In VA reports, many experts have concluded that ethnic minority veterans, especially Hispanics and African-Americans, are exposed to more war trauma and stresses than their Caucasian counterparts. One study on PTSD rates accounted for the additional stressors to Hispanic veterans and still found that rates for the disorder were higher than Caucasian soldiers.
PTSD may occur in any servicemember regardless of ethnicity. Many veterans advocates believe that the recently higher rates of PTSD in the Iraq and Afghanistan veterans is due to the higher occurrence of servicemembers who deploy on multiple tours with little time between orders. A 2008 RAND study found that about 18.5% of veterans of the Iraq and Afghanistan Wars experience PTSD or depression.
Veterans of any era who suffer from PTSD have the right to file a veterans’ disability claim to seek benefits from the VA. Through the services and amenities offered with these benefits, a disabled veteran may cope with their symptoms and find help in leading a healthy veteran life.
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 veteran’s disability rights firm today – 1-888-234-5758.
Tags: hispanic veterans, PTSD, Veterans Mental Health
Posted in Disabled Veterans, General, Iraq-Afghanistan War, Vietnam veterans | No Comments »
Tuesday, July 10th, 2012
Army Times reports on June 29th a House panel voted in favor of creating a registry to monitor the health of military personnel who served at or near burn pits in the Middle East. The Open Burn Pit Registry Act will track veterans’ health and inform potentially effected Iraq and Afghanistan War veterans of new research findings.
The bill had met some opposition from the Department of Veterans Affairs (VA) as officials there believe the registry was unnecessary. The VA claims there are better ways to track the veterans without dedicating resources to create a new registry. Officials at the VA are also still not convinced that burn pits pose a serious risk of causing disabling illnesses in veterans who served in the Middle East.
The research on burn pit exposure has been limited due to small sample sizes, but the health subcommittee of the House Veterans’ Affairs Committee is confident that the registry will help provide more veterans to participate in studies. The subcommittee is working on using the registry data to create more research about the potential respiratory illnesses that could arise from exposure, and will notify those on the list of their progress.
Veterans of the Iraq and Afghanistan wars are often put in a difficult situation when it comes to filing for veterans’ disability benefits. With many types of service-connected health conditions still questioned during disability ratings, it is important to have a veterans’ disability attorney help you with filing your claim.
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 veteran’s disability rights firm today – 1-888-234-5758.
Tags: burn pit registry, Iraq and Afghanistan veterans
Posted in Iraq-Afghanistan War | No Comments »
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