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Archive for the ‘US Military Legislation’ Category
Friday, March 29th, 2013
The 2013 National Defense Authorization Act (NDAA) is being considered a boon to the elimination of military sexual assault, and could improve support for victims, which may include veterans mental health services. Many of the provisions in the bill are targeted toward better investigation and improved military reporting of cases of military sexual assault.
Some of the highlights of the bill include:
- Formation of an independent review panel to examine how the Defense Department investigates and prosecutes military sexual assault cases.
- Prohibiting recruitment of civilians who have been previously convicted of felony sexual assault.
- Improving data collection and reporting of military sexual assault cases.
- Notifying servicemembers of resources and rights following an assault.
- Extending restricted report documentation to up to 50 years (if the victim wishes) so victims can receive veterans mental health or physical treatment while remaining anonymous.
In 2011 the Department of Defense reported 3,192 cases of military sexual assault. Officials believe this number is significantly higher – potentially as high as 19,000, according to Stars and Stripes. One of the reasons the data on sexual assaults and harassment is so skewed may be due to the lingering stigma of reporting such incidents.
Veterans who have suffered trauma from a military sexual assault may develop veterans mental health issues such as Post-Traumatic Stress Disorder (PTSD). Even those who file a report of the assault and seek help may still suffer mental disorders and physical harm from the incident.
The Law Offices of LaVan & Neidenberg, P.A. is ready to help disabled veterans who suffer physical or mental disorders due to injuries or exposures during their military service. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today – 1-888-234-5758.
Tags: military sexual assault, PTSD, Veterans Mental Health
Posted in General, US Military Legislation | No Comments »
Monday, March 11th, 2013
Decisions on veterans’ mental health are being called into question as a new bill introduced by Congressman Tim Waltz of Minnesota urges the Department of Defense (DoD) to review thousands of decisions for veterans benefits.
The bill would require the DoD to review more than 31,000 records of veterans who received medical discharges after being diagnosed with “personality disorder” or “adjustment disorder”. Veterans who suffer from mental health disorders are typically qualified to receive veterans mental health disability benefits when the disorders are developed due to their military service.
However, personality disorder is considered a pre-existing condition under veteran’s disability classifications, and therefore would disqualify a veteran from disability benefits. Lawmakers believe that many of these veterans may actually be suffering from Post-Traumatic Stress Disorder (PTSD) which is covered under veterans’ mental health disability benefits.
Personality disorder causes individuals to have problems relating to situations and people. Some types of personality disorders include:
- borderline personality disorder, which causes emotional instability;
- antisocial personality disorder, which causes patients to react abnormally and destructively toward others; and
- narcissistic personality disorder, which causes an inflated sense of importance and need for admiration.
Borderline and antisocial personality disorder may cause symptoms similar to PTSD, which is why lawmakers and veterans advocates believe many disabled veterans may have been misdiagnosed and their rights to veterans’ disability benefits violated in the process.
If the Servicemembers Mental Health Review Act of 2013 passes into law, it could potentially send those thousands of veterans’ records back into review to see if they are able to qualify for veterans disability benefits. In 2008, a review of records by the Government Accountability Office found that many veterans were misdiagnosed for personality disorders due to a failure by doctors to follow required diagnostic procedures and guidelines.
Veterans’ mental health disability benefits are often available to veterans who suffer severe mental disorders such as PTSD and anxiety. When a mental health disorder is developed due to military service, it may be classified as a service-connected disability and qualify a veteran to receive veterans disability benefits.
The Law Offices of LaVan & Neidenberg, P.A. is a South Florida disability law firm focused on helping disabled military veterans receive the benefits to which they may be entitled. Contact our veteran’s disability rights firm today – 1-888-234-5758.
Tags: personality disorder, PTSD, Veterans Mental Health
Posted in Disabled Veterans, General, US Military Legislation, Veterans' Disability | No Comments »
Tuesday, February 19th, 2013
Recent veterans’ legislation, the Ruth Moore Act, was introduced on February 13, 2013 to help reduce the delays and denials of veterans’ disability claims related to cases of military sexual assault.
The legislation requires the Department of Veterans Affairs (VA) to approve benefits for veterans who can demonstrate disability from Post-Traumatic Stress Disorder (PTSD) due to military sexual assault.
The new rules would require that a veteran has a doctor’s diagnosis of PTSD and that sexual trauma during service was the cause. This approval would come regardless of if the sexual assault and trauma was formally documented or not.
Military Sexual Assault & VA Disability Benefits
Military sexual assault is still a concern for the VA in regards to addressing disability cases. The veterans’ disability rating and benefit awards are based on evidence of a service connection with the disabling condition – it must be proven that the condition developed due to the veterans’ military service.
According to the Department of Defense, in 2011 there were an estimated 19,000 cases of sexual assault, but only 3,000 were reported and less than 300 were prosecuted. Because more than 85 percent of military sexual assaults are either unreported or have been covered up, there are few cases where a veteran is able to show proof that PTSD is due to a documented case of sexual assault.
While the VA has relaxed some of the requirements and standards for connecting PTSD to combat trauma, there may still be complications for veterans’ disability claims related to sexual assault that the new legislation hopes to resolve.
The veterans’ disability attorneys at The Law Offices of LaVan & Neidenberg, P.A. can help you develop a strong claim for veterans’ disability benefits. Contact us – 1-888-234-5758.
Tags: military sexual assault, PTSD, veterans legislation
Posted in General, US Military Legislation, VA News, Veterans' Disability | 2 Comments »
Tuesday, February 12th, 2013
A new bill, the Honor America’s Guard-Reserve Act, is seeking to provide better definitions and rights to retired Reserve and National Guard soldiers. While many of these individuals are eligible for veterans’ services such as access to shop on base, military health care, and VA guaranteed home loans, they are not considered veteran status on official documentation.
The legislation will be re-introduced before the House of Representatives this month, marking the third attempt at passing the bill. Both previous attempts died in the Senate due to fears of over-extension of benefits. Supporters of the bill are working to allay those fears and clearly define how veterans status under the bill will not become a cost issue for the Congressional Budget Office.
When Veteran Status Becomes an Issue
Veterans get preferential treatment for a variety of matters, including many employment incentives. Some federal positions may give preference to retired military veterans when looking to hire new employees, but only when they can prove veteran status.
Retired Reserve or National Guard members may not have the DD214 form, the “Certificate of Release of Discharge from Active Duty,” if they had not completed 180 days of active duty status. This form is necessary to claim veterans’ preference points during employment applications for federal jobs.
Make Sure Your Claim is Filed Correctly
Of course, any servicemember who is injured or contracts an illness as a result of events connected to their service may apply for disability benefits through the VA. The veterans’ disability attorneys at the Law Offices of LaVan & Neidenberg, P.A. can help you submit your veterans’ disability application properly to reduce the risk of errors and omissions that can cause delays or denials. To get started, contact our firm – 1-888-234-5758.
Tags: legislation, national guard, reserve, Veterans' Benefits
Posted in General, US Military Legislation, 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 »
Monday, August 13th, 2012
In a memorandum released on Tuesday, July 31, President Obama praised the recent and ongoing initiatives to hire more veterans in the federal sectors. He highlighted the success of tax credits, such as the Wounded Warriors Tax Credit and Returning Heroes Tax Credit, which helped promote the hiring of veterans by private businesses.
Other initiatives, such as the Veterans Employment Initiative, have resulted in over 200,000 veteran hires and 25,000 in the federal sector, while the Joining Forces Initiative helped over 90,000 veterans and their spouses find jobs. Even with these positive numbers, President Obama has called for further actions, including:
- improved communication of hiring initiatives and services;
- gathering information about veterans already serving in the federal workforce;
- increasing access to reemployment services for veterans;
- developing online tools for enhancing veteran employment initiatives; and
- encouraging more employment opportunities for veterans in the health care field.
Veterans who suffer from disabling conditions related to their military service are not necessarily unable to seek employment after their diagnosis. Many disabled veterans seek disability benefits to augment their income as they seek jobs either in the private or federal sectors.
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: President Obama, Veterans Employment
Posted in General, US Military Legislation, Veterans' Benefits | No Comments »
Friday, August 10th, 2012
Earlier this year, the misdiagnosis or revocation of several cases of post-traumatic stress disorder (PTSD) has led to several investigations of the mental health screening process. An official policy released by the Army Surgeon General’s Office hopes to prevent situations, such as those that occurred at the Madigan Army Medical Center, from taking place again.
According to Veterans News Now, the new policy specifically criticizes the tests used to rule that a servicemember or veteran is faking the symptoms of PTSD. These tests were used at Madigan to revoke or deny hundreds of disability ratings for veterans in need of mental health care.
Another point of scrutiny identified in the policy was the use of written test questions used to determine if a servicemember was faking PTSD symptoms for financial gain. Hundreds of questions were used to make these determinations, and Army officials concluded that a poor score on the test was not always an indication of malingering for benefits, as there was no proof of intent gathered from the results.
After the Madigan investigations, it was found that servicemembers who faked PTSD symptoms were a rare occurrence and that the disabling condition is unfortunately becoming more common. Symptoms of PTSD can include flashbacks, anxiety, nightmares, depression, and emotional instability, which can all cause disability in a veterans’ daily 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 veterans’ disability rights firm today – 1-888-234-5758.
Tags: PTSD, Veterans disability, Veterans Mental Health
Posted in General, US Military Legislation, Veterans' Disability | No Comments »
Wednesday, August 8th, 2012
According to Stars and Stripes, the Honoring America’s Veterans and Caring for Camp Lejeune Families Act has made the final push through the legislative process. It now heads to the White House for a final presidential signature.
President Obama is expected to sign the bill into law by the end of August, creating several provisions for the veterans and families who may now suffer disabling health conditions after being exposed to polluted water at Camp Lejeune.
The Camp Lejeune veterans and families will now be eligible for health care benefits similar to those offered by the Department of Veterans Affairs (VA) for disabled veterans. It will cover a wide range of issues faced by veterans and their loved ones.
The legislation also provides new benefits and assistance to existing disabled veterans such as:
- eliminated copays for rural veterans using telehealth services which will include travel reimbursement;
- new policies on sexual assaults that occur at VA facilities;
- new rehabilitation and reintegration services for veterans suffering from Traumatic Brain Injury (TBI);
- expansion of the VA’s adaptive housing program;
- VA home loan eligibility up to 10 years for surviving spouses as well as waived fees for disabled veterans; and
- more assistance in preventing funeral protesters’ presence at military funerals.
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: Camp Lejeune, veterans legislation
Posted in US Military Legislation | No Comments »
Tuesday, July 24th, 2012
According to Veterans Today, the HR 4155 bill, known as the Veteran Skills to Jobs Act, will allow veterans to apply skills they learned in their military service to applications for federal licenses. Skills such as firearm safety and other security or weapons-related training would be able to qualify a veteran for certain federal licenses that require civilian certifications in these areas. This removes the need for redundant training and can speed up the process of obtaining a license that is necessary for certain types of employment.
The other bill, HR 4114, is the Cost of Living Adjustment (COLA) Act which will bring veterans’ disability benefit pay up to the same level of compensation as Social Security and other federal benefits. The COLA is approved automatically for other federal benefits, but must be approved by the Senate every time before it can increase veterans’ disability benefits.
The Veteran Skills to Jobs Act passed the Senate on July 11th and awaits President Obama’s signature to become law. The COLA Act is still awaiting Senate approval but with little controversy at House level, there’s little risk it will gain any opposition in the Senate.
There are several other bills awaiting decisions at various levels of government, including one for education benefits, one for military family housing, and one for veterans’ fiduciary rights. As the laws change for veterans benefits and resources it is important to have a veterans’ disability attorney helping with your veterans’ disability claim so you are taking full advantage of what is available to you and your family.
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: cost of living adjustment (COLA), veterans’ disability benefits
Posted in US Military Legislation | No Comments »
Wednesday, July 18th, 2012
Unlike other government disability benefit programs such as Social Security Disability Insurance (SSDI), disability benefits from the Department of Veterans Affairs (VA) do not get an automatic Cost of Living Adjustment (COLA) when one is necessary. For veterans’ disability benefit rates to receive an increase from a COLA, Congress has to approve a bill for it every year the SSDI program has the same increase.
According to Military Times, the COLA has been announced for 2013 benefits under the Social Security Administration. Now a bill to give the same increase to veterans’ disability benefits has passed in the House of Representatives.
HR 4114 passed the House with a unanimous 369-0 vote and now moves on to the Senate floor for a second review. The bill calls for a COLA between 1.3% and 1.9% with the final number being decided upon in October.
While there has been a history of the COLA legislation passing with no issues in the past, there is always the chance that the bill could be shot down due to talks about a deficit reduction agreement. There has also been mention of changing how COLAs are calculated for beneficiaries, but these changes would need more consideration before the bill would be signed into law in November.
As long as this legislation moves through as it typically does, veterans who receive disability benefit pay should see an increase in their checks starting in January 2013. Veterans who do not see the correct increase in their checks, or those who have yet to apply for disability benefits, can find help through a veterans’ disability 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 veteran’s disability rights firm today – 1-888-234-5758.
Tags: cost of living adjustment (COLA), Veterans' Benefits
Posted in US Military Legislation | No Comments »
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