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Archive for the ‘Veterans' Dependents’ 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 »
Monday, November 26th, 2012
Thousands of elder South Florida veterans may be missing out on important veterans benefits due to lack of information. The issue was the subject of a recent article in the Sun Sentinel. Veterans’ advocates believe that lack of communication about the Aid and Attendance pension is causing thousands of dollars in benefit funds to go unused each year.
The Department of Veterans Affairs (VA) is being criticized for lack of outreach to senior veterans who require additional aid and care as they age. The Aid and Attendance pension provides compensation for qualifying veterans or their surviving spouses who require daily assistance.
Aging and Disabled South Florida Veterans are at Risk
While this issue is a concern across the U.S., many veterans and their families in South Florida are impacted. The Sun Sentinel article made mention of a South Florida woman who was struggling to provide care for her mother-in-law, a 96-year old widow of a WWII veteran. The woman was fortunate enough to know about the pension, but had to spend 14 months dealing with paperwork, applications, and long processing times.
In a statement to The New York Times, a VA spokesman claimed that 38,076 veterans and 38,685 spouses were granted veterans benefits from the Aid and Attendance pension last year. This is just a fraction of the nearly 1.7 million WWII veterans that were reportedly alive and eligible for the same benefits.
Applying for the Aid and Attendance Pension
These veterans benefits are available to South Florida veterans who:
- are older than 65;
- have a low income or limited assets;
- rely on others for daily care; and
- were a member of the armed forces for at least one day during wartime.
The injury or illness that requires daily care does not have to be service-related, as is the case with many other VA benefits.
Applying for veterans’ benefits can be a frustrating process. Documentation is necessary to show proof of income, military service, and health records. The processing times for these claims become longer when the initial application is incomplete or contains errors. The potential delays and difficulties in seeking these veterans’ benefits are why many South Florida veterans choose to work with an attorney.
Finding a South Florida Veterans Benefits Attorney
According to the Florida Department of Veterans’ Affairs, the state has the biggest population of WWII veterans with over 164,000 and the third biggest population of disabled vets (from any war or period) at over 249,000.
If you are planning to apply for VA benefits or if you have already applied but have been denied, a disability attorney from the Law Offices of LaVan & Neidenberg, P.A. can provide consultation and assistance. To learn if you are entitled to certain programs and benefits contact our South Florida veterans’ disability rights firm today – 1-888-234-5758.
Tags: south florida veterans, Veterans' Benefits
Posted in Disabled Veterans, Veterans' Benefits, Veterans' Dependents | No Comments »
Tuesday, June 5th, 2012
Military servicemembers and their families that utilize the Tricare health insurance plans can rest easy for now as the Senate Armed Services Committee has blocked the Obama Administration’s plan to raise and implement new enrollment fees for new Tricare members and increase the cost of the mail-order drug co-pays. The administration planned to implement new enrollment fees for Tricare Standard and Tricare Extra, as well as increase enrollment fees for Tricare Prime and Tricare for Life.
The legislation effecting prescription drug benefits would have forced certain servicemembers receiving drugs for chronic illnesses to switch to mail order for at least a year and limit their use of off-base or non-military pharmacies. While some changes were approved, the current rates for drug co-pays are protected through October 15, 2012 after which there will be some increases for co-pays and a push for switching to generic medications.
As the Defense budget bill is further debated and finalized, a veteran who suffers from a disabling condition should apply for veterans’ disability benefits as soon as possible. The longer you delay your claim the longer you will have to wait for approval and may face any new changes that come to the claim process.
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: Military Health Insurance, TRICARE
Posted in General, Veterans' Benefits, Veterans' Dependents | No Comments »
Saturday, March 24th, 2012
The Department of Veterans Affairs (VA) has teamed up with the Jon Bon Jovi Soul Foundation to launch a new contest aimed at improving access for homeless veterans to services and benefits.
On Monday, March 19, the VA issued a press release announcing the contest, titled Project REACH – Real-time Electronic Access for Caregivers and the Homeless. The Departments of Housing and Urban Development, and Health and Human Services are also involved in the initiative that’s calling out to web and phone application developers.
The goal of Project REACH is to create a web and phone based app that provides recourses for homeless veterans in need of services, such as medical facilities, food banks, and housing. Based on the criteria for the contest, the winning app should also provide veterans with nearby VA services, employment information, crisis hotlines, and the whereabouts for legal assistance, such as where to locate a veterans disability attorney who can help you file or appeal a claim.
With veterans accounting for 1 of every 6 persons in homeless shelters and many veterans struggling to provide for their basic needs, a digital access hub could be a great asset to those in need and their caregivers.
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: Department of Veterans Affairs, Jon Bon Jovi, veterans homelessness
Posted in General, VA News, Vet Groups & Networking, Veterans' Benefits, Veterans' Dependents, Veterans' Resources | No Comments »
Tuesday, March 6th, 2012
A recent settlement between the Department of Veterans Affairs (VA), Department of Justice, and 5 of the nation’s largest banks has brought in $25 million in loan assistance and many new resources for veterans, service members, and military families in danger of losing their homes.
The settlement provides cash relief to avoid litigation in foreclosure cases, as well as establishing new protections for service members in danger of defaulting on their VA loans. The banks agreed to assist veterans in obtaining interest-rate-reduction refinancing, principal forgiveness, and allow for forbearance during unemployment.
In addition to these new agreements, the Service Members Civil Relief Act was also enhanced with new protections for service members who are forced to sell their homes, due to relocation during service. These changes enhance the existing VA loan assistance program that has protected more than 72,000 veterans who were in danger of foreclosure in 2011.
Even veterans who don’t have home loans through the VA can take advantage of their toll-free loan help hotline at 877-827-3702 and speak with a VA loan specialist. The national number can provide information about the VA loan program as well as options for avoiding foreclosure with the VA’s help.
Home loan programs are part of the many benefits available to veterans through the VA. Veterans’ disability benefits can also help provide disabled veterans and their families with financial assistance for living expenses, health care, and much more.
If you are a 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: Department of Veterans Affairs, VA home loans, veterans assistance, Veterans' Resources
Posted in General, VA News, Veterans' Benefits, Veterans' Dependents, Veterans' Resources | No Comments »
Tuesday, February 14th, 2012
When the Department of Veterans Affairs (VA) reviewed the current vacancy rates of the Port Hudson National Cemetery in Louisiana they estimated that the cemetery would be filled by 2015, prompting quick action to secure new burial sites for our fallen service members. The new site will be known as the Louisiana National Cemetery.
A dedication ceremony for the Louisiana National Cemetery site will be held on March 24 at 11 a.m. CST. When completed in April 2013, the site expects to give burial options to 293,000 veterans and their family members. The first phase will be a 17-acre project and provide 2,500 in-ground crypts and 1,128 regular gravesites as well as a formal entrance, roadways, utilities, and infrastructure.
The second phase will complete the project with an additional 12 acres containing 1,000 columbarium niches and 1,130 cremains sites, as well as the administrative building, maintenance complex, a committal service shelter, and a public assembly area. The water distribution system, landscaping, roads, signage, site furnishings, and utilities will also be completed.
The Port Hudson cemetery will be closed to most new burials starting in July, leaving its gates open only to casketed interments of those with previously buried family members. Interment in the Louisiana National Cemetery will follow general military cemetery guidelines, allowing honorably discharged veterans, their spouses, and qualified dependent children to be buried there. It is also open to active duty military personnel who die in the line of duty, and their spouses and eligible dependents.
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: military cemetery, veterans and their families, Veterans' Benefits, Veterans' Events, Veterans' Resources
Posted in General, VA News, Veterans' Benefits, Veterans' Dependents, Veterans' Events, Veterans' Resources | No Comments »
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.
Tags: active duty military personnel, Federal Tort Claims Act, medical malpractice, Military Legislation, VA Health Care System
Posted in General, US Military Legislation, VA News, Veterans' Dependents | No Comments »
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.
Tags: Disabled Veterans, veterans caregivers, Veterans' Benefits
Posted in Disabled Veterans, General, US Military Legislation, Veterans' Benefits, Veterans' Dependents | No Comments »
Wednesday, December 14th, 2011
According to an article on CBS News, the Air Force was responsible for incinerating the “partial remains” of at least 274 U.S. soldiers and then dumping the ashes in a landfill in Virginia, which was officially halted 3 years ago.
Military families had given previous consent to the military to dispose of the soldiers’ remains in a “dignified and respectful manner.” Consequently, the families were not told the remains were dumped into a landfill.
According to the Air Force, there are no future plans of notifying the families that are involved considering it would require an immense effort to entail individual searches of over 6,300 soldiers’ records. At the same time, Senior Air Force officials insist there was no active intention to deceive anyone about the secret practice.
Dover Air Force Base is the “main port of entry” for fallen soldiers as they return to the U.S. There is no way for the Air Force to determine just how many soldiers’ remains were shipped to the landfill, but it does acknowledge that there is no formal military authorization, policy, or regulation permitting such a practice. Unclaimed and unidentified soldiers’ remains are now cremated and buried at sea.
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: Dover Air Force Base, Military Families, U.S. veterans, Veterans' Dependents
Posted in General, Iraq-Afghanistan War, Veterans' Dependents | No Comments »
Friday, November 18th, 2011
Department of Veterans Affairs (VA) National Cemeteries are located all over the country, and most U.S veterans qualify for burial in those cemeteries. According to an article in The Washington Times, even veterans’ spouses, widows, dependents, and even unmarried, disabled adult children can qualify for burial in VA cemeteries.
In order to qualify, veterans have to meet a minimum level of active duty service and cannot have been discharged under dishonorable conditions. It is even possible to qualify children and spouses for burial in VA cemeteries if they die prior to the veteran.
The VA burial benefit is fairly comprehensive in what it provides. The only cost imposed upon the family is fees for the funeral director’s services. Outside of those, there are no costs to the deceased veterans’ families, and they receive the following:
- gravesite;
- U.S. flag;
- grave marker or headstone;
- Presidential Memorial Certificate;
- perpetual gravesite maintenance; and
- opening and closing of the grave.
Although VA national cemeteries are specifically for U.S. veterans, the gravesites cannot be reserve in advance. Veterans families can apply to the VA’s Veterans Benefits Administration to receive a “burial plot and allowance” to qualified veterans and should be prepared with their veteran’s discharge papers, casualty report, military rank, branch they served, birth and death certificate, and serial, Social Security, and VA claim numbers.
If you are a U.S. 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: U.S. veterans, VA Burial Benefit, VA National Cemetery
Posted in General, Veterans' Benefits, Veterans' Dependents | No Comments »
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