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Posts Tagged ‘veterans legislation’
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 »
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 »
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 »
Monday, June 11th, 2012
The support of 4 top veterans’ service organizations and a U.S. House Representative was not enough to help pass a $15 million budget increase for Gulf War Illness funding.
Rep. John Barrow proposed an amendment to the currently stalled 2013 Defense appropriations bill that would have given an additional $15 million to last year’s $10 million Gulf War Illness research budget. The recommendation that funding be increased to $25 million came from several top veterans service organizations, which include Disabled American Veterans, Veterans of Foreign Wars, American Veterans, and Paralyzed Veterans of America.
In the bill, legislators called for more funding to increase research on Gulf War Illness, a multi-symptom illness that can cause disability from a variety of conditions. There was also an emphasis on continued research for functional gastrointestinal disorders and new research to be developed to analyze the respiratory exposures Gulf War veterans may suffer.
As medical research reveals more about the toll combat exposures and events can take on a veterans’ health, more Gulf War veterans are finding that they are able to file for veterans’ disability benefits through the Department of Veterans Affairs (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.
Tags: gulf war illness, veterans legislation
Posted in General, US Military Legislation, Veterans' Disability | No Comments »
Wednesday, May 16th, 2012
Senator Richard Burr, the ranking Republican senator on the Senate Veterans Affairs Committee, has proposed a new bill to reduce the administrative overhead he feels is spreading the resources of the Department of Veterans Affairs (VA) too thinly.
Currently, there are 21 regional medical offices, known as Veterans Integrated Service Networks (VISN) across the country. Burr’s bill aims to trim that number down to 12, allowing resources to be consolidated and brought to the areas that are in the most need.
VISN offices handle the VA affairs in their geographic region, from budgeting to resource management. They also oversee the operation of all VA hospitals and facilities in their area. The original intent for VISNs was to take over administrative needs so the health care centers could focus on patients; however, Burr feels that their operational costs are detracting from the budget that could be going to medical care.
There are many services and resources available to veterans and military families when they are in need of medical care. Veterans who face disabling conditions related to their military service may qualify for veterans’ disability benefits by filing a claim with the help of 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: Veterans Health Care, veterans legislation
Posted in General, US Military Legislation, VA News, Veterans' Resources | No Comments »
Wednesday, May 2nd, 2012
The House Armed Services’ Military Personnel Subcommittee is showing support for veterans collecting disability benefits through proposed personnel section of the Department of Defense’s (DoD) annual defense authorization bill.
Most notable for disabled veterans is the endorsement of the 1.7% Cost of Living Adjustment (COLA) that helps offset the impact consumer good increases has on living expenses. While this increase is automatic for many other government benefit recipients it must be approved by an act of Congress for veterans’ disability benefits.
Other provisions in the draft support new benefits to allow servicemembers, involuntarily separated from the military, to remain in their military family housing for an additional 180 days and provides for continued use of the commissary for 2 years after separation. The proposed personnel section also calls for involuntarily separated members of the Selected Reserves to continue to receive Tricare health and dental coverage for up to 6 months
With military sexual assault continuing to be an area of concern, especially in the matter of veterans’ mental health, the proposal includes a call to strengthen the military’s response to these issues. Defense Secretary Leon Panetta had previously announced the military provisions that the DoD would be putting into effect to create specific plans to deal with assault allegations.
The proposed bill will be presented to the full House committee for a vote early this month, but legislators have stated that they don’t expect the bill to be passed by Congress prior to the November elections. Meanwhile, veterans seeking disability benefits are encouraged to apply as soon as possible to begin the claim process so they’re able to take advantage of the COLA benefit increase should the bill pass into law later this year.
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: veterans legislation, Veterans' Benefits
Posted in Disabled Veterans, General, US Military Legislation, Veterans' Benefits | No Comments »
Wednesday, April 18th, 2012
Many disabled veterans who struggle with the disability claims process blame some of their frustrations on the confusing terms used in the forms and correspondence with the Department of Veterans Affairs (VA).
In 2010, the Plain Writing Act was passed to promote simplification and clarity in official governmental publications. Everything from bills to brochures is now being evaluated before being put forth to the public eye.
For decades those who write the laws and government correspondence have used antiquated, often confusing terms that can make reading an official document much more difficult for those who do not handle these letters on a regular basis. Terms like “shall” or “no-cost” can be ambiguous or confusing, while others like “hence forth” are words of the past.
Making changes to a terminology system that has been in use for decades is a huge challenge that can take years to fully become effective. In the meantime, a veterans’ disability attorney can help you interpret the documentation involved in your veterans’ disability benefits claim and make sure you understand everything related to your case before you take action.
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: veterans disability claims, veterans legislation
Posted in General, VA News, Veterans' Disability | No Comments »
Thursday, June 16th, 2011
Sen. Richard Burr introduced his Caring for Camp Lejeune Veterans Act, designed to help people who were victimized through their exposure to contaminated water at Camp Lejeune. Sen. Burr expects the committee to vote on his bill this month.
Sen. Burr is the top Republican on the committee, and has been unable to gather support for his bill from other senators. If the bill passes this vote, it will be the bill’s furthest progress in 2 years.
If it passes, the bill would mandate the Department of Veterans Affairs (VA) offer health care to all veterans and their families:
- who lived at Camp Lejeune between the years 1957 and 1987; and
- who have illnesses due to their exposure to toxic and/or contaminated water.
The Department of Defense (DoD), the VA, and several veterans organizations have issues with the bill, however. Their main concerns lie with the idea that funding the bill would take money from already established resources. This is just one concern the bill would have to surmount in order to get enough votes to pass the Senate.
Two years ago Burr’s bill was derailed by an alternative bill, which proposed the DoD should be made responsible for veterans and their families exposed to Lejeune’s contaminated water. Sen. Burr’s bill would put the responsibility on the VA to provide health care but would agree to having the DoD pay for the health care.
Sen. Burr believes just under 30,000 would require health care despite the fact close to 1 million people were likely exposed to the toxic water.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: Camp Lejeune, Department of Defense (DoD), Department of Veterans Affairs (VA), Veterans disability, veterans legislation
Posted in General, US Military Legislation | No Comments »
Monday, October 18th, 2010
Representative Ann Kirkpatrick (D – AZ) fought for the passage of two new bills this last year in support of veterans. The two bills passed through Congress last week and will head to President Obama’s office for his signature. The Senate passed both bills and the House passed them as part of the Veterans Benefits Act of 2010 (H.R. 3219). Both of these bills, while part of a much larger package, are vital for soldiers and veterans.
The Veterans/Service Members Life Insurance Equity Act ensures returning soldiers and veterans continue to receive life insurance choices competitive with private sector offerings. The other bill, a bill re-authorizing the Veterans’ Advisory Committee on Education (VACE), seeks to guarantee veterans receive top level educational benefits.
Rep. Kirkpatrick doesn’t fight just to provide services to veterans. Her goal is to ensure those deserved and earned benefits are at the highest quality of service possible. VACE consists of a panel of experts who serve to advise the Secretary of Veterans Affairs on how to maximize educational benefits and help veterans launch new careers. Passing this bill guarantees VACE’s existence for 5 more years. The Department of Veterans Affairs (VA) will continue to advance and improve their Post-9/11 GI Bill during this time.
Through the Accelerated Benefits Options (ABO) the Veterans/Service Members Life Insurance Act will allow veterans and soldiers to draw money against their life insurance benefits if they receive a terminal illness diagnosis. Many ABO’s limit the amount of money paid out to veterans and soldiers, and base this limit on current market conditions. Most private sector policies will not allow this to happen. This act prevents this practice as well by forcing ABOs to keep consistent with common insurance practices.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.
Tags: Department of Veterans Affairs (VA), Education Benefits, H.R. 3219, Military Legislation, Post-9/11 GI Bill, The Veterans/Servicemembers Life Insurance Equity Act, veterans legislation, Veterans’ Advisory Committee on Education (VACE)
Posted in US Military Legislation | No Comments »
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