April 20, 2012 in Elder Law, Estate Planning, Legal, Legal Articles, Special Needs by jferris

VA-Funded Study Shows Vets Prone to Addiction Still Given Opiates to Treat PTSD

A government study released in March shows that many painkillers given to war veterans suffering from post-traumatic stress disorder often lead to addiction.

Veterans who served in Iraq and Afghanistan and came back from war with PTSD were twice as likely to be given prescriptions for painkillers that have proven to be addictive compared to vets with only physical pain, according to the study.

Caregivers were approximately four times more likely to give the drugs to veterans with PTSD and a history of problems with substance abuse.

The study was paid for by the Department of Veterans Affairs and it was based on the VA’s data. It was published by the Journal of the American Medical Association.

All of the veterans of Afghanistan and Iraq who were diagnosed with physical pain between October of 2005 and December of 2010 were involved in the study, which equals 141,029 servicemen and servicewomen.

Vets with PTSD who were given morphine and other strong painkillers had a higher risk of suicide, alcohol and drug overdoses and self-inflicted injuries, according to the study. These consequences were rare, but still notable.

The study shows that it is a difficult task to treat painful injuries as well as painful memories. The study’s authors and other experts indicate other treatments including therapy and other drugs would be less risky, according to FoxNews.

Some doctors could be prescribing powerful, opium-based drugs like hydrocodone and morphine precisely because of their strength to potentially dull extreme physical pain or help reduce emotional distress. Opioids often make psychological problems worse, according to sources speaking to FoxNews.

In 2009, the VA adopted a pain management philosophy that requires opiate prescriptions be accompanied by non-drug mental health care. This came at the end of the study.

The VA distributed a press release about the study indicating that the agency’s pain management approach is a model of effective care, but “…we recognize that more work needs to be done.”

There were 15,676 veterans given opiate prescriptions in the study for physical pain. Those numbers included 18 percent of the vets with PTSD and about 12 percent of those with different mental health diagnoses. The opiate prescriptions were given to only about 7 percent of the veterans without those problems.

Since many veterans coming home from the wars in Iraq and Afghanistan are young, they are often struggling to find their place in civilian life, according to a Yale University teacher and doctor who spoke with FoxNews. Dr. William Becker works with veterans on substance abuse problems. The best treatment in that environment is therapy and behavioral management for the PTSD and separate chronic pain management for the physical injuries of war. He said the study “…brings much needed attention to the complexity of this problem.”

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

April 19, 2012 in Elder Law, Estate Planning, Legal, Legal Articles, Personal Injury, Special Needs by jferris

Digital Badges Could Help Veterans Translate Military Skills into Civilian Jobs

As part of a concentrated effort to help veterans find jobs, the Department of Veterans Affairs is sponsoring a contest for an entrepreneur to create a digital badge system that will help veterans translate their experience for prospective employers in civilian jobs.

Digital badges have taken on an increased importance recently as more people try to move into the civilian workforce after some time away in the military, taking online classes or even volunteering and doing charity work.

Badges are envisioned as supplements to a traditional resume that have a digital link where prospective employers can determine their authenticity. The MacArthur Foundation in Chicago is leading the badges revolution. The foundation gave a $1 million grant to the Mozilla Foundation to develop a consistent standard for badges that can be used across platforms.

The VA contest winner will design badges to help translate military experience into classroom credit or work-related training, according to a press release from the VA.

“We are looking for ways to make it easy for employers to see Veterans for who they are: highly qualified individuals in any job applicant pool,” Secretary of Veterans Affairs Eric Shinseki said in the release. “We want to help good jobs find Veterans and help Veterans find good jobs.”
Along with the VA, the “Badges for Vets” contest also is being sponsored by the U.S. Departments of Education, Labor and Energy. The contest is part of the larger MacArthur Foundation project called the Badges for Lifelong Learning Competition.
The VA Innovation Initiative announced three finalists in the competition in March.
• TopCoder Inc. is an IT consulting company that developed a way to issue badges representing military experience and training to help qualify veterans for a specific assignment.
• Western Governors University has a program to award transfer credit to veterans who have earned badges for corresponding training in the military.
• The Manufacturing Institute has a plan to use badges to help veterans find jobs on its jobs and talent matching platform online.
A winner from among those three will be announced after Memorial Day, according to the release.

The contest calls for $25,000 in prizes for the winners in five categories for companies to design and deliver badges that are representative of veterans’ transferable skills from the battlefield to the cubicle.

Other industries using badge systems to help bridge people’s skillsets with potential employers include NASA, Disney and the library and manufacturing industries.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

March 16, 2012 in Elder Law, Family Law, Legal, Legal Articles, Special Needs by jferris

Social Security Disability Adds 13 Conditions to Compassionate Allowances Program

The Social Security Administration recently added 13 new conditions to the Compassionate Allowances program that fast-tracks disability decisions within the agency.

The new conditions were introduced in December as part of an ongoing effort to innovate and streamline the agency’s work, according to Social Security Commissioner Michael J. Astrue.

The conditions that were added to the list mostly are immune system, mental and neurological disorders, according to a press release from the agency. They include the following:

• Malignant Multiple Sclerosis

• ALS or Parkinsonism Dementia Complex

• Pulmonary Kaposi Sarcoma

• Angelman Syndrome

• Paraneoplastic Pemphigus

• Multicentric Castleman Disease

• Progressive Supranuclear Palsy

• Lewy Body Dementia

• Primary Effusion Lymphoma

• Corticobasal Degeneration

• Lowe Syndrome

• Primary Central Nervous System Lymphoma

• Multiple System Atrophy

The SSA’s Compassionate Allowances program spots conditions that always meet the standard of disability for the purpose of Social Security Disability Insurance. This way, once an individual is diagnosed with the specific condition, their case can be moved more quickly through the system.

“We need to keep innovating and making our work more efficient,” Astrue said in a press release. “With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

The Compassionate Allowances program began in 2008 with only 50 conditions. The original list included cancers, rare genetic disorders, adult brain disorders and early-onset Alzheimer’s disease. With the addition of 13 in December, the program now lists 113 conditions that can be moved through the agency with less stress for the individual, according to the release.

New technologies made available to the agency allow for faster identification of individuals with Compassionate Allowances so that quick decisions can be made.

The agency is committed to the relatively young program as an efficient upgrade of protocol. In the fall, the Social Security Administration launched a grant program available to graduate students to help the agency improve its list. The agency already awarded a grant worth $1.5 million over the course of five years to a group called Policy Research Inc.

The Disability Determination Process Small Grant Program is designed to improve the disability process. The program is actively looking for graduate students to apply for grant stipends for relevant research that is innovative in the field of disabilities.

The agency also recently upgraded the disability application online for individuals with conditions on the Compassionate Allowances list.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills Social Security Disability Insurance attorney or Zephyrhills Social Security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

March 10, 2012 in Elder Law, Legal, Legal Articles, Special Needs by jferris

Four US Cities Getting New VA Hospitals Soon

Four U.S. cities are in line to get new VA Hospitals during the next few years including Denver, Las Vegas, Orlando and a hospital in New Orleans. The new VA hospital in the Big Easy will replace the one destroyed by Hurricane Katrina in 2005.

The Department of Veterans Affairs has earmarked about $792 million of the fiscal year 2012 budget toward the final stages of completion for the new hospitals. That is less than one half of a percent of the VA’s massive $140 billion budget.

The new VA Hospital in New Orleans is under construction in the mid-city area of town. Congress appropriated funds for a new VA hospital in New Orleans in 2006 after Hurricane Katrina destroyed the city’s former facility.

The Replacement Medical Center in New Orleans is a 1.5 million square foot hospital with 120 inpatient beds and 60 beds for transitional care. The new VA hospital is being built to withstand hurricanes like the one that shut down its predecessor. It will be able to run for a week without resupply, it has a heliport and boat docks for evacuations and all mission-critical technologies are stored 20 feet above ground, according to the VA.

The new VA Southern Nevada Healthcare System in Las Vegas is scheduled to open this year. The Vegas VA hospital will have 201 beds in both inpatient and nursing home/extended care. It will be more than 1 million square feet on about 150 acres at 6900 N. Pecos Road in Las Vegas.

The new hospital will have a diagnosis and treatment building, an ambulatory care building, a community center and a mental health building, according to the VA.

In Orlando, Fla., the new VA Medical Center will be co-located with the University of Central Florida College of Medicine, the Nemours Children’s Hospital, the Burnham Institute and the University of Florida College of Medicine in an area known as Medical City.

The 314-bed Orlando VA will have 1.2 million square feet and cost about $665 million. The beds will be split between inpatient services, a community living center and a domiciliary. The Orlando VA hospital is expected to open in 2012.

Finally, the new VA hospital development in Denver, known as Project Eagle, is a $580.2 million facility on the site of the former Fitzsimmons Army Medical Center. The 180-bed Denver VA Medical Center will include a 30-bed center for spinal cord injuries and disorders. Project Eagle is expected to finish in early 2015.

The next four cities on the VA’s list for new medical centers are Seattle, St. Louis, Dallas and Palo Alto, Calif., according to the VA’s 2013 fiscal year budget proposal. All of these centers will be dedicated to the treatment and care of America’s 22 million veterans and more than a million new veterans expected to leave active duty during the next five years.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

March 7, 2012 in Elder Law, Legal, Legal Articles, Special Needs by jferris

VA Budget Includes Increased Funding to Match New Veterans Coming Home

There will be about 1 million new veterans added to the 22 million American veterans as active-duty service members leave the military over the next five years.

This increase in veterans to serve means a larger budget for the Department of Veterans Affairs. President Barack Obama’s proposed budget includes $140.3 billion for the VA to cover the 2012 fiscal year beginning Oct. 1.

The budget proposal now must be approved by Congress. It is about a 10 percent increase over the last VA budget.

The VA must balance their budget while caring for the needs of soldiers returning from more than 10 years of war in the Middle East with the agency’s commitments to veterans from previous conflicts.

The requested budget includes $76 billion for mandatory spending, mostly for pensions and disability compensation. It also includes $64 billion in discretionary funds, most of which goes into medical care, according to the VA.

The VA’s budget supports a health care system with 8.8 million beneficiaries and its programs service 12 million veterans, families and servicemembers. It also supports home loan guarantees, education benefits, the eighth largest program for life insurance in the country, and America’s largest cemetery system.

The VA expects almost 6.5 million patients will use the agency for their health care during the next fiscal year. The President’s budget includes a medical care increase of about 4.1 percent over last year to $52.7 billion. These increases include upgrades in funding for mental health care and gender-specific health care for female veterans coming home from war, according to the VA.

The health care budget also includes $792 million to activate new health care facilities in Orlando, Fla., New Orleans, Denver and Las Vegas. Almost $400 million is flagged for continued construction on medical units in St. Louis, Dallas, Seattle and Palo Alto, Calif.

The proposed VA budget also includes funding for a new jobs program called the Veterans Jobs Corps. This new initiative is designed to leverage skills that veterans attained during military service for a variety of jobs in the United States. The Veterans Jobs Corps could put as many as 20,000 veterans to work here rebuilding or restoring public lands.

The budget also funds efforts to combat veteran homelessness issues. There is almost $1.4 billion set aside for efforts that will treat or prevent homelessness among veterans in the FY 2013 budget. This 33 percent increase represents a commitment to end veteran homelessness by 2015.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

February 29, 2012 in Elder Law, Estate Planning, Legal, Legal Articles by jferris

Suicide Rate Levels Off in Army After Years of Climbing

The suicide rate among active duty military dropped in 2011 for the first time since 2004.

The numbers are falling because of efforts by the military to understand behavior that lead to suicide among soldiers, according to the Wall Street Journal.

Among active-duty soldiers and those in the Reserves and the National Guard, 278 took their own life in 2011. That number is down by nine percent from the 305 in 2010 and finally stops an annual rise in the numbers.

Army officials told the Wall Street Journal they consider the numbers to be “leveling off” in part because of mental health screening and a better understanding of post traumatic stress disorder and concussions. The draw down of troops deployed overseas also is playing a role in the changing statistics, according to the report.

The numbers started to climb in 2005 as troop deployments to Iraq and Afghanistan became longer and more frequent. Concussions and traumatic brain injuries have been more regular injuries among soldiers because of the roadside bombs that are a signature of the two wars, according to the WSJ.

The suicide rate in the Army, 24 per 100,000, continues to be higher than that of the general population in the United States, about 19 for every 100,000 people. For soldiers who served in Afghanistan and Iraq, the rate is about 38 per 100,000.

In studying the suicide rates, the Army found that concussions have become a serious problem among soldiers who have served in Iraq and Afghanistan. Screening for mental health issues has brought to light a concussion rate that has gone up five times in 10 years. Traumatic brain injuries can be especially difficult on the mental health of the victim.

While announcing the good news about suicide rates, the Army also announced bad news about domestic abuse and child abuse among soldiers.

Soldiers charged with sexual assault jumped 41 percent since 2006 to 2,290. Domestic violence went up 85 percent since 2001 to 2,699 reported occurrences. The Pentagon has proposed a strategy for addressing these crimes.
Army Vice Chief of Staff Gen. Peter Chiarelli discussed the numbers in January while announcing the Pentagon’s proposals for addressing gaps in policy that could lead to better mental health care.

Chiarelli also proposed a name change for the often-diagnosed Post Traumatic Stress Disorder. If the health care community drops the word “disorder” then soldiers and veterans might be more inclined to seek help, he said.

“I just want to get rid of the ‘D,’” Chiarelli said. “You can have the best treatments in the world, but if you can’t get someone to come in and get the treatment because they don’t want to admit that they have a [disorder], they aren’t going to come in.”

Veterans having a difficult time getting the legal help they need to fight for their health care benefits should contact a qualified attorney.

James G. Fausone is a Veterans disability lawyer and Veterans attorney with Legal Help for Veterans, PLLC. Learn more at http://www.legalhelpforveterans.com.

February 28, 2012 in Elder Law, Legal, Legal Articles by jferris

VA Extends Deadline for Gulf War Illnesses

The U.S. Department of Veterans Affairs recently moved back a deadline for Gulf War veterans that would have run out at the end of 2011. The new deadline gives Gulf War veterans until the end of 2016 to develop war-related illnesses for which they would be eligible for compensation.

The VA made the announcement about the deadline extension just before the old deadline expired in December. The VA extended the deadline because the health issues that have come out of the Gulf War have been misunderstood and some are still being researched.

“When there is an uncertainty about the connection between a medical problem and military service, veterans are entitled to the benefit of doubt,” said VA Secretary Eric Shinskei in a press release. “Not all the wounds of war are fully understood.”

Gulf War veterans have reported a variety of ailments that have not always been easy for the medical community to explain. Those illnesses have been everything from pain in muscles and joints to headaches and fatigue.

About 700,000 men and women were deployed to the region during the Gulf War in 1990 and 1991. Studies have linked the mysterious illnesses to the Middle East environment at the time such as blowing sand dust and petroleum smoke and even the inoculations and other preventative measures many took when they deployed, according to the Army Times.

With the new extension, veterans who develop symptoms of war-related illness over the next five years will still be eligible to apply for compensation through the VA. The American Legion has pushed for there to be no deadline for veterans to develop new symptoms of illnesses traced back to the Gulf War, according to the Army Times report.

The new deadline will affect veterans who develop what the VA calls Medically Unexplained Chronic Multisymptom Illnesses. The government defines this illness as any one or combination of a cluster of unexplained chronic symptoms including “fatigue, headaches, joint pain, indigestion, insomnia, dizziness, respiratory disorders and memory problems,” according to the VA’s public health website.

The VA stays away from the phrase “Gulf War Syndrome” because the health issues veterans have reported since the Gulf War have not met the definition of a syndrome, so the VA uses Medically Unexplained Chronic Multisymptom Ilnesses.

Veterans do not need to show a link between their Medically Unexplained Chronic Multisymptom Illness and the Gulf War. The VA presumes that symptoms that last for six months are related to the service in the war, according to the VA’s website.

Gulf War veterans who show new signs of chronic illness can hire an experienced law firm to represent them in the search for compensation.

James G. Fausone is a Veterans disability lawyer and Veterans attorney with Legal Help for Veterans, PLLC. Learn more at http://www.legalhelpforveterans.com.
James G. Fausone is a Veterans disability lawyer and Veterans attorney with Legal Help for Veterans, PLLC. Learn more at http://www.legalhelpforveterans.com.

December 16, 2011 in Elder Law, Legal, Legal Articles by jferris

Taking the First Step in Taking Care of Aging Parents and Preserving Their Finances

As baby boomers transition into retirement and their golden years, their adult children are becoming caregivers and counted on to provide financial support. More than 32 percent of adult children helped out with $5,000 or more of their parents’ expenses in the last year, and more than 75 percent are concerned about the impact it could have on their own financial stability.

Savings have been hit hard because of the sagging economy, investment losses, and depressed home values. Complicating matters is sky-rocketing health care costs associated with Mom or Dad’s long-term care. An experienced elder law firm can help preserve assets, connect with government benefits and resources, and create a contingency plan to address possible changes.

As you explore options on how to best take care of your parents, it is important that you understand the legal implications of your good intentions. A false step could result in lost Medicaid eligibility, adverse tax consequences, or any number of other legal or financial problems. Discussing your situation with an elder law attorney should be the first step you take in helping your parents safely navigate the complex legal and financial issues associated with caring for them.

Families oftentimes rely on bad advice from family members, their financial advisor, accountant, or even their attorney, when developing a financial plan to care for an aging parent. Take for example the case where an elderly parent builds an apartment on a child’s property so that he or she can be closer to family. The money spent by the parent to build the apartment could be interpreted as a gift that could result in lost Medicaid eligibility and gift taxes.

People are beginning to understand the importance of involving an experienced elder law attorney early in the retirement and long-term care planning process. Nothing should be taken for granted. You should not make the mistake of relying on common sense to the exclusion of good legal advice.

John Hale is a Dallas elder law attorney and Dallas estate planning lawyer with The Hale Law Firm. To learn more visit http://www.thehalelawfirm.com.

November 23, 2011 in Elder Law, Legal, Legal Articles by jferris

Individuals Need To Seek Legal Guidance on Long Term Care Plans Now That Government Eliminated Program

Federal officials recently stopped plans to implement the Community Living Assistance Services and Supports (CLASS) program. This government-run long-term care insurance model has been the subject of an intense evaluation by Health and Human Services (HHS) since the health care law passed in 2010. But after numerous studies and redesign plans, the CLASS program was deemed fiscally unsound.

HHS heeded warnings by the actuary for Medicare and Medicaid that the program was likely to be insolvent, which would cause premiums to rise for individuals who sign up for the program. As the costs increased, the projected $50 a day benefit would not have been enough to attract healthy, young people to pay for the long-term care program. After much debate, CLASS could not be proven to “…be self-sustaining, financially sound for 75 years, or affordable to consumers.”

Though CLASS has been cut, the rest of the 2010 health care act remains in place, albeit under much scrutiny and debate given political and economic climate. The major provisions of the health law are slated to go into effect in 2014, including insurance exchanges and Medicaid expansion, barring any modifications between now and then.

“By 2020, we know that an estimated 15 million Americans will need some kind of long-term care,” said HHS Secretary Kathleen Sebelius. “If we want our family members, friends, and neighbors to be able to live with the maximum amount of freedom and independence, we need to make sure they have access to the long-term supports that make that possible.”

At this time, the best long-term support is a skilled elder law attorney to assist with long-term care planning and asset protection. The federal government has proven itself unable and unwilling to address long-term care in a meaningful way. With average nursing home costs approaching $4,500 per month, a life savings can be quickly depleted. Further, the majority of Americans are unaware that Medicare covers only short-term rehabilitation.

A free initial case evaluation and consultation with an estate planning and elder law attorney can uncover how one’s assets and income can be legally repositioned to obtain long-term care Medicaid benefits and keep a life’s legacy intact.

Jacob Hale is a Dallas elder law attorney and Dallas estate planning lawyer with The Hale Law Firm, P.C. in Dallas and Waxahachie, Texas. To learn more, visit http://www.thehalelawfirm.com.

August 31, 2011 in Elder Law, Estate Planning, Legal Articles, Personal Injury by jferris

Veteran’s Appeals

An applicant can appeal a VA decision if he or she was awarded only partial benefits or if the claim was denied.

Levels of Appeal
Regional Office Appeal
Once the regional VA office issues a determination, in the form of an award letter, the application can request reconsideration of the decision. The claimant should provide the VA with any other relevant evidence. For example, if the VA did not deduct unreimbursed medical expenses, such medical expenses can be submitted with a request for reconsideration.

If this request for reconsideration is unsuccessful, the application can request an evidentiary hearing at the regional office by filing a notice of disagreement, typically in the form of a letter. [] This notice of disagreement must be filed within one year from the date of the award letter. [] Upon receipt of this notice of disagreement, the VA will issue a statement of the case, which is the VA’s official notice detailing the basis for its decision. This statement of the case includes a summary of all evidence that the VA received and considered, applicable laws and regulations, and the reason for the determination.

The applicant must then file a substantive, or formal, appeal with the regional office within 60 days of the date of the statement of the case or within one year of the date on the original award letter, whichever is later. [] This appeal is filed on VA Form 9. At this level of appeal, most applicants are represented by service organizations, but a recent change in the law now allows attorneys to represent applicants and to receive payment for services after the notice of disagreement has been filed with the VA.

Board of Veteran’s Appeals
Appeals to the regional office are usually unsuccessful, so the applicant can then appeal to the Board of Veteran’s Appeals (BVA). The BVA has jurisdiction to review all questions of fact and law that are on appeal of a claim filed by a veteran, a dependent of a veteran, or a survivor of a veteran. [] This review is de novo, and new evidence can be presented. []

3. U.S. Court of Appeals for Veterans’ Claims (CAVC)
Upon receipt of an unsatisfactory BVA decision, the applicant can appeal to the U.S. Court of Appeals for Veterans’ Claims (CAVC). The CAVC has exclusive jurisdiction to review BVA decisions. [] The notice of appeal to the CAVC must be filed within 120 days of the BVA decision and must comply with Rule 3(c) of the Court Rules of Practice and Procedure. [] The CAVC reviews the administrative record created at the BVA, so no new evidence is presented. Very few cases are taken to the CAVC, but there is a high success rate of those that come before the CAVC.

U.S. Court of Appeals for the Federal Circuit
The Federal Circuit has nationwide jurisdiction over a variety of matters, including veterans’ benefits. The appellant must file a Form 4, and the appeal must be filed with the district clerk within 30 days after the judgment or order appealed from is received at the clerk’s office. [] Often, VA cases decided by the Federal Circuit become precedent for future VA cases.

Begley Law Group, PC has attorneys who can provide advice and strategies for you to qualify for these valuable benefits, even on appeal. Each of the Partners at Begley Law Group, PC is an Accredited Attorney by the Department of Veterans Affairs (VA) and can assist you in Veterans Planning. Begley Law Group is a family-oriented law firm with a century-plus of combined attorney experience. To learn more, go to www.begleylawgroup.com or call 800-533-7227.

Begley Law Group, P.C.
509 South Lenola Road, Building 7
Moorestown, NJ 08057

Thomas D. Begley, III, CELA is a New Jersey elder law attorney with The Begley Law Group. To contact a New Jersey estate planning, special needs planning, or elder law attorney, call 1.800.533.7227 or visit http://www.begleylawyer.com.