Archive for the ‘Veterans' Disability’ Category

Iraq and Afghanistan War Veterans Struggle the Costs of Respiratory Disability

Wednesday, February 22nd, 2012

The veteran soldiers returning from Iraq and Afghanistan are showing a high number of common respiratory illnesses, including a rare disease that’s sparking some controversy.

While military veterans are able to seek treatment for respiratory conditions at Department of Veterans Affairs (VA) hospitals, many of these facilities treat only the acute symptoms and don’t investigate the long-term disabilities that some veterans may be facing. A rare respiratory disease, constrictive bronchiolitis, is difficult to diagnose and incurable, making it difficult for many disabled veterans to get the medical assistance they need.

Diagnosing this rare condition involves an invasive lung biopsy, which many VA hospitals are reluctant to perform as it’s a costly procedure. This has lead to many veterans potentially suffering from this disabling condition to have to seek a diagnosis from a doctor outside the VA hospital network – meaning high out of pocket costs that their veterans’ disability benefits or VA health care may not cover.

Disabled veterans and their families are seeking to draw attention to the many respiratory illnesses and disabling conditions that have been connected to burn pit exposure and desert air quality. Soldiers that served in the Iraq and Afghanistan War may have been exposed to several airborne toxins and particles that can cause shortness of breath, chronic bronchitis, and even cancers of the respiratory system.

Respiratory illness is just one of the many conditions a veteran may suffer from due to their military service. If you or a loved one is experiencing medical conditions that may be related to their service in the military you may qualify for veterans’ disability 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 veteran’s disability rights firm today 1-888-234-5758.

New Online Form May Speed Up Veterans Disability Benefits Process

Wednesday, February 8th, 2012

When a new veteran returns to the states and goes through one of the 61 demobilization sites across the U.S. they are given the opportunity to enroll in the Departments of Veterans Affairs (VA) health care system. Up until now, this process could take as long as 10 days, but a new online form system is drastically reducing that time.

The first run at Camp Shelby in Mississippi saw the wait time for establishment in the VA health care system drop from 10 days to 3 days by use of the new online VA Form 1010EZ. With the success of this trial, the VA is working on getting the new digital form available at the other demobilization sites within the coming months.

By reducing the time it takes to grant veterans access to the VA health care system it can also potentially speed up the process of applying for veterans’ disability benefits. Once in the system, veterans are eligible for 5 years of cost-free care at any VA facility for conditions related to combat service.

Veterans’ disability benefits are designed to augment this care by providing additional compensation for ongoing treatment and special needs related to service-connected disabilities. The sooner a veteran or disabled veteran can get into the VA health care system, the sooner they can get a disability rating to establish their benefits 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.

Veterans’ Disability Claim Backlog Still Increasing Despite VA Efforts

Monday, February 6th, 2012

A recent count of veterans’ disability claims waiting in queue to be processed stood at 853,831 on January 27, while it was about 100,000 claims lower in 2011 and 500,000 claims lower in 2009. This number is only expected to rise in the coming months.

According to Rep. Jeff Miller, chairman of the House VA Affairs Committee, at least half of the disabled veterans, with claims already filed, wait at least 6 months just to get into the initial processing stage. This may be due to the mixed regulations for disability ratings seen in the Department of Defense (DoD) and VA’s application systems, and also the increased eligibility for Agent Orange cases. Furthermore, of the estimated 2.2 million troops from the Iraq and Aghanistan Wars, nearly 624,000 have filed veterans’ disability benefits claims and more are anticipated.

Current efforts to combat the increasing backlog focus heavily on budget increases and switching to a paperless system for claim processing. The system was recently tested in Utah and Rhode Island and is set for a national launch this summer through 2013. For 2012, the VA’s budget was increased 20% to nearly $2 billion to help fund claim processing efforts.

Considering the disability ratings systems hasn’t been modified since it was created, which was at the end of WWII, one of the biggest challenges faced is the discrepancies between disability ratings from the DoD or 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 veteran’s disability rights firm today 1-888-234-5758.

Military Program Helping Veterans Transition to Civilian Life

Monday, January 23rd, 2012

Camp Pendleton’s 3rd Battalion, 5th Marine Regiment unit suffered some of the highest causalities due to heavy combat in Afghanistan, including 25 deaths, more than 150 injuries, and over a dozen traumatic amputation. Instead of bringing the unit back and releasing the members to fend for themselves, the Marine Corps required the remaining soldiers to remain at Camp Pendleton for 90 days for mental health evaluation and to help ease their transition back into civilian society.

In the 90-day “decompression” program, the soldiers were given the opportunity to hold a memorial for their fallen comrades, participate in social events, like barbeques and banquets, and learn how to communicate about their war experiences. The veterans will be monitored to see if the program has helped improve their mental health and prevent many of the problems faced by veterans coping with conditions like PTSD or anxiety disorders.

As more veterans have had to file for veterans’ disability due to PTSD and other mental health conditions related to combat experience, the military has increased its efforts to help soldiers both active and retired with psychological health care. If a veteran still suffers from these conditions, veterans disability benefits may be available to help.

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.

Disabled Veterans National Foundation $1000 Scholarship for Veterans Education

Wednesday, January 18th, 2012

The Disabled Veterans National Foundation’s (DVNF) scholarship program is offering several veterans the chance to receive $1000 to further their education.

This year, the DVNF will award 50 $1,000 scholarships to veterans to attend an accredited college, university, or trade school. The response to the scholarship program has been so overwhelming that the DVNF has announced the extension of the application deadline from February 1 to March 1, 2012 to give more veterans the opportunity to apply.

Interested veterans must complete the following for consideration:

  • DVNF Scholarship application;
  • State-certified Veterans DD-214 form;
  • 3-4 minute video or 500-750 word essay (topic provided in the application); and
  • a letter of recommendation from a non-relative.

The DVNF will make their decisions in March and notify the winners at the beginning of April. Scholarships will be sent to the recipient’s school by the end of May.

Precilla Wilkewitz, president of the DVNF, said that her organization is highly aware that many veterans aren’t entitled to every part of the GI Bill benefits. The DVNF strives to fill the gaps many veterans have in their benefits by providing scholarships for continuing education.

Programs like the DVNF can help provide additional benefits and resources when a veteran doesn’t qualify for full disability benefits through the VA. If you’ve only received partial benefits or a low disability rating, you may need to talk to a veterans’ disability attorney to review your case.

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.

Gulf War Veterans Have 5 More Years to Pursue Disability Benefits

Monday, January 16th, 2012

The window of opportunity was closing for certain Gulf War veterans to qualify for disability benefits, but a recent amendment to the U.S. federal code has extended an important deadline.

Many Gulf War veterans have been diagnosed with multiple, seemingly unrelated diseases sometimes referred to as “Gulf War Syndrome.” These conditions range from diabetes to chronic fatigue and can impair several body systems without an apparent underlying cause. It may also produce multiple disabling symptoms, which cannot be medically explained or connected to a single condition.

The legislation in question, Title 38 CFR 3.317, placed a December 31, 2011 deadline for Gulf War veterans to file and qualify for disability related to an undiagnosed or multi-symptom illness. As the deadline approached, disabled veterans’ advocacy groups and lawmakers lobbied to have the date pushed back.

Veterans of the Persian Gulf War now have until December 31, 2016 to obtain the medical evaluation necessary for their disability rating. With the proper rating, Gulf War veterans can apply for veterans’ disability benefits through the VA.

Unlike many other qualifying conditions for disability, Gulf War veterans who suffer from illnesses that cannot be medically explained or produce multiple unrelated symptoms may qualify for benefits without establishing a connection to their military service.

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.

Class Action Settlement Awards Lifetime Disability Benefits to Thousands of Veterans

Thursday, January 12th, 2012

Due to the fact that the Department of Veterans Affairs is misclassified post-traumatic stress disorder (PTSD) in regards to veterans’ disability benefits, a class action lawsuit was filed against the federal government. The lawsuit represented 1,029 Iraq and Aghanistan War veterans who claimed they were denied benefits for their PTSD disability due to improper disability ratings.

The claimants were veterans diagnosed with the medical condition between 2003 and 2008 but did not receive disability benefits for their PTSD disability rating. A decision from Judge George W. Miller of the U.S. Court of Federal Claims ruled in favor of the veterans on December 22, 2011. His decision requires the U.S. Military to award lifetime disability retirement benefits to the 1,029 veterans that were named in the class action lawsuit.

Additional veterans may soon see help from this decision as well. There were 66 other veterans included in the class that will be eligible for the lifetime disability benefits if they file their veterans’ disability claim for PTSD with a minimum 30% disability rating. The settlement also increased the disability rating for 1,066 OIF/OEF veterans who were only receiving partial 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 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.

Government Pays $275,000 to Veteran Following VA Medical Malpractice

Tuesday, January 3rd, 2012

An article in Reuters detailed how a veteran who underwent surgery discovered that his surgeons left 2 towels inside of him, causing several more surgeries.

The veteran was 47-years-old and originally went into his local Department of Veterans Affairs (VA) hospital for cancer-related kidney surgery in May of 2008.  He complained of pain in his abdomen following the surgery and eventually had to return to the VA hospital.

When he returned doctors performed a scan on his abdomen and found 2 11×14 surgical towels had been left inside of him when he was sewn up following his original surgery. He was forced to undergo a second surgery to have the towels removed.

That second surgery, however, did not happen until August of that same year, which was more than 3 months after the initial surgery. Possibly related to the towels being left behind, a third surgery was necessary to repair a hernia, which is also common for many people after undergoing abdominal surgery.

The entire ordeal caused the veteran to lose almost a year’s worth of work due to health issues. He was awarded 275,000 by a federal court for his troubles, and the VA did admit their surgeons breached their surgical standard of care through their actions.

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’s Financial Guardian Program Shows Delays

Tuesday, January 3rd, 2012

According to an article in The Tampa Bay Times, The Department of Veterans Affairs (VA)  financial guardian program, specifically designed to help aging veterans, veterans with disabilities, and surviving spouses,  needs improvement.

The program appoints guardians to veterans in need to manage their finances. The scope of the position can be very limited, or can involve overseeing a great range of topics, depending on the situation. The appointed guardian is often a family member, but certain situations dictate the person be “a professional, such as an accountant or attorney.”

The VA’s regional benefits office for Florida has a current backlog of about 800 veterans and surviving spouses awaiting interviews. This is where the VA is lacking, according to the article: appointing financial guardians for “qualified military families.”

The office only employs 18 field examiners, who are responsible for conducting all the interviews with “wards and potential guardians;” they’re simply understaffed. It’s conceivable older veterans and surviving spouses could pass away waiting to have a guardian appointed, which could threaten their estate.

The VA has stated that they’re “reviewing staffing levels” and comparing them to local case loads. They’re also looking into changing the procedure they currently use in favor of a faster 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 veterans disability rights firm today 1-888-234-5758.