Archive for the ‘US Military Legislation’ Category

New Bills Propose Military Photo IDs for All Veterans

Monday, February 13th, 2012

There are 2 bills presently up for consideration by lawmakers to establish a better military ID program for active soldiers and create a new photo ID card for all veterans.

The first bill, the Veterans ID Card Act, was put before the Committee on Veterans’ Affairs and Subcommittee on Oversight and Legislation in September 2011. It seeks to grant the Secretary of Veterans Affairs the ability to issue a veterans photo ID card to those who submit a request.

The second bill was put forth in November 2011 and is currently under review by the Committee on Armed Services. The Military Service Identification Card bill seeks to authorize the Secretary of Defense and Secretary of Homeland Security to issue a photo ID to all military service members.

Current veterans without a military photo ID have to rely on resources through their local state government to obtain special identifications on their drivers’ license. Proving your military connection can be difficult, but it is a necessary step to gain access to many of the perks for veterans, such as veterans disability benefits. Having a military ID program from the start of active duty could help negate these problems in the future, but for now you may need a veterans’ disability attorney to help you.

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.

Government Blocking Medical Malpractice Claims against VA Hospitals

Friday, February 10th, 2012

There are 2 medical malpractice claims in question regarding the Department of Veterans Affairs (VA) health care sytem, which resulted in the death of Navy veteran Asenath German and the death of the newborn son of active duty military parents Jacqulin and Prather Price. Both of these claims are in the hands of U.S. District Judge Marcia Morales Howard, part of the Middle District of Florida Jacksonville Division.

In the case of German, her husband, an active-duty Navy soldier, is filing the suit after doctors at the Naval Hospital in Jacksonville failed to diagnose a brain hemorrhage. German sought treatment in 2008 but was dismissed with minor treatment for a migraine. A few days later she was experiencing stroke-like symptoms, which brought her to being admitted to the Mayo Clinic in Jacksonville.

The couple filed a lawsuit against the naval hospital and is now fighting against the Federal Tort Claims Act, which blocks lawsuits against the government by active-duty military personnel. German passed away in December 2010, but her husband is continuing the suit.

In the case of the Price family, the parents are alleging malpractice during their son Elijah’s birth that caused him to only survive an hour after delivery. The lawsuit alleges that the medical staff at the same naval hospital didn’t take into account Jacqulin’s difficulty with gestational diabetes and also Elijah’s large size prior to birth. The option for a cesarean section wasn’t allowed, ultimately resulting in Elijah death.

In the Price case, it’s again active duty military trying to file a lawsuit for malpractice against government-run hospitals. Lawmakers are arguing over whether VA hospitals and doctors should share the immunity of the FCTA or not.

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.

Family and Medical Leave Act Modification Extends Benefits to Veterans Family Caregivers

Tuesday, February 7th, 2012

New rule changes from the Obama Administration seek to minimize the risk of job and income loss for caregivers of disabled veterans.

Under the current Family and Medical Leave Act, benefits for leave time for a family caregiver of military personnel only apply to active duty service members in the National Guard. The new rule changes, announced in late January, seek to extend these benefits for up to 5 years for caregivers to take care of their wounded and/or disabled veteran who were medically discharged following active duty in any military branch.

Other policy changes include allowing up to 12 weeks of leave for a family member to help prepare for a short-notice deployment of an active duty household member. This will allow for military families to make arrangements for child care, attend military functions, and make financial and legal arrangements.

For injured soldiers or those who become ill during deployment, family members would now be allowed 26 weeks of leave to help care for them upon their return. It also expands the current 5-day allowance to 15 days for family members to rest and recuperate.

Supporting caregivers of disabled veterans is almost as important as supporting disabled veterans themselves. As the importance of family caregivers continues to become more apparent, the VA has been working to implement new benefits and resources to help keep these individuals active in supporting our wounded soldiers.

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.

Veterans Encouraged to Ask Questions through White House’s Live Twitter Session

Wednesday, January 25th, 2012

In light of the State of the Union address, a 3-day Twitter Q&A schedule will have officials from the Obama Administration answering questions related to their specific fields. One of the most important sessions to disabled veterans will be the 10 a.m. EST session held on Thursday, January 26 and hosted by Matt Flavin. Flavin is the administration’s lead counsel on veterans’ issues and wounded warrior policy.

During the session, veterans are encouraged to voice their questions and comments via Twitter using the #WHChat hashtag in their message. For those that won’t be able to take part in the live event, a complete transcript will be made available on the WhiteHouse.gov website later that day. There will also be a full interactive recap at the Storify website.

Aside from Twitter, the White House is making use of YouTube and Google+ as well to connect Americans with the administration. From now through Saturday, January 28, users are able to submit video questions through the White House’s YouTube channel. President Obama will have his responses released through the White House’s Google+ public page.

As the government continues to increase its interaction with the American people through social networking and the Internet, it’s important that veterans take this opportunity to have their voices heard. Issues about veterans disability benefits, veteran homelessness, and jobs for veterans can only be addressed when veterans and advocates participate in these types of forums.

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.

VA Program Receives $100 Million Grant to Help Over 40,000 Homeless Veterans

Wednesday, January 11th, 2012

In order to further the progression of ending veteran homelessness by 2015, the Supportive Services for Veteran Families (SSVF) has been given $100 million in grant money to award to community programs across the country that help relocate homeless veterans and their families to affordable housing or prevent them from losing their current residence. With nearly 22,000 veterans and their families that had been helped last year from this funding, the multi-million grant is expected to help about 40,000 in 2012.

Since 2009, the Department of Veterans Affairs (VA), and Housing and Urban Development initiatives such as the SSVF have helped successfully relocate nearly 34,000 veterans to permanent housing and case managers to help them retain residency. This initiative was accomplished through partnerships with nearly 4,000 community agencies throughout 40 states, including the District of Columbia.

Last year the Annual Homeless Assessment Report (AHAR) listed that on any given night in 2010 a little over 76,300 veterans may have been out on the street with no permanent housing. The 2011 report shows a decline to roughly 67,500 over the year, reducing the number of homeless veterans by nearly 12% nationwide.

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.

New Law Requires Mental and Emotional Health Screening for Veterans

Wednesday, January 4th, 2012

According to an article on Truthout, the Department of Defense (DoD) is readying itself in preparation to implement a “new safeguard” for U.S. veterans with mental and emotional health issues.

U.S. Veterans returning from combat will undergo “intensive screenings” designed to detect “mental and emotional” problems brought on by their deployments. According to recent studies, a soldier takes his or her own life every 36 hours.

A couple years ago Congress passed a law mandating every soldier undergo 3 different mental-health screenings within 2 years of returning from combat. This program was first implemented by the Montana National Guard, and proved very successful as a pilot program.

For the most part, the main concern is being able to detect post-traumatic stress disorder (PTSD). The Army has examined 400,000 troops without releasing any information as to the results yet. The DoD has added 3500 new health-care providers to its ranks to help examine combat veterans for “elevated stress levels.”

The new law required screenings be done individually every 6-months, which is how they were done in the Montana model, and not via paper questionnaire, which is how it had been done previously. Soldiers and veterans are given “personal, and private, one-on-one attention from a trained health-care provider” under the law, which includes 2-years of follow up assessments.

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.

U.S. Veterans Chance at Employment through MOVE Act

Tuesday, November 29th, 2011

The Mobilizing Opportunities for Veterans Employment (MOVE) Act was introduced as H.R. 3473 by U.S. Rep. Nick Rahall (D-W.Va.) and U.S. Rep. Tom Petri (R-Wis.). The bipartisan legislation will hopefully help the entire U.S. veteran population find employment, according to an article in The State Journal.

Veterans do not deserve to put their lives on the line for this country only to come back to unemployment rates higher than the general civilian population. In relation to many assigned missions abroad that include nation building, the jobs created by this bill would allow these veterans to help re-build this country’s transportation infrastructure. For many veterans, the skill sets needed to perform this work are already present, making them very favorable choices for such positions.

The MOVE Act is unique in that it is not just a “standard” job creation bill. Instead, it will affect any state agency accepting federal highway money and creates, within those departments, specific opportunities for veteran preferences. Simply, state departments would be held responsible for ensuring that contractors they use for construction work give preference in hiring to veterans.

Reducing the unemployment rate among veterans is certainly one issue that can be solved. This war-zone to work-zone legislation can produce favorable results for all those involved, as veterans are given chances at employment, and employers are given the opportunity to hire solid employees.

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.

Veterans Compensation Cost-Of-Living Increase Passes House

Wednesday, November 16th, 2011

The Veterans Compensation Cost-of-Living Adjustment (COLA) Act of 2011 recently passed through Congress to the relief of thousands of disabled veterans as well as survivors. This marks the first time since 2009 the cost-of-living has been increased. December 1, 2011 is when the 3.6% increase becomes effective, once President Obama puts his signature on the paper.

This Act will increase the amount of disability compensation given to veterans with service-related disabilities, according to the House Committee on Veterans Affairs. It will also serve to increase the amount of monthly compensation payouts given to survivors for dependency and indemnity.

Many veterans may find this refreshing to see such an increase given the economical state of the country and the massive budget cuts being made in just about every federal agency. Veterans with disabilities have been on the receiving end of many other federal funding cuts, so this increase comes as a relief.

One distinction that must continually be made on behalf of retired military personnel as well as disabled veterans is that their benefits are earned; they aren’t entitlements. Every benefit was earned by every veteran willing to risk his or her life for this country, and those benefits aren’t things that should be considered for a place on the chopping block.

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.

A Look at the Veterans Second Amendment Protection Act

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.

Military Ends Ban On Openly Gay Soldiers – DADT Overturned

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.