Veterans and their families were exposed to perfluorinated chemicals (PFCs) in their tap water at Wurtsmith Air Force Base. Firefighting crews at the base trained with PFCs, which are used to extinguish flames. The toxic chemicals are linked to cancer as well as kidney, liver, thyroid, gastrointestinal, heart and reproductive problems.

The Michigan Department of Environmental Quality (MDEQ) analyzed water found in decades-old fire hydrants at the base. According to the results of the department’s pending report, the water contained high levels of PFCs. Catch basins inside the hydrants were previously connected to the base water system. The water samples were gathered in 2015 from 22 hydrants and a water softener tank.

Veterans advocates believe the data collected from the hydrants could be the key to proving their arguments and urging the VA to be more responsive to their claims. They are hoping for a study of their chronic health problems which could potentially be connected to the contaminated tap water at the base.

“The contamination that we’re seeing in the hydrants indicates to us that the people on the base were at times drinking levels of PFC contamination that were above the health advisory that EPA [Environmental Protection Agency] has put out for these chemicals,” said Bob Delaney, MDEQ’s Wurtsmith site manager.

Although it is unknown exactly how many veterans and family members may have been affected by the contaminated water, the number could potentially be large. In 1985, the base’s payroll comprised 3,600 service members and civilians. The base closed in 1993.

The brainchild of billionaire investor Steven A. Cohen, the nonprofit Cohen Veterans Network clinics hope to provide free mental health services to veterans and their family members. Besides treating a wide range of mental health disorders, they also help veterans make a smoother transition to civilian life. Staff members offer support in transportation, housing, education, employment and other areas.

Cohen said the clinics are focusing on areas of high need. The network is currently operating clinics in Los Angeles, Philadelphia, New York City, San Antonio and Addison, Texas. With Cohen’s investment of $275 million nationally, there are plans to open 20 more clinics over the next five years.

Cohen said the clinics were inspired by his son Robert, a Marine. He said although his son did not need mental health care upon returning from Afghanistan, many of his friends did. A key factor that sets the clinics apart is that they care for veterans regardless of how they were discharged.

Many veterans may seek care outside the VA because they do not qualify for government-funded services and benefits. Because the clinics do not have strict eligibility rules, they hope to cater to veterans who are currently struggling to get the help they need.

According to Department of Veterans Affairs (VA) officials, a VA dentist at the facility failed to properly sterilize his equipment. He re-used his own dental tools instead of following VA regulations by using disinfected, disposable equipment. The issue was brought to light when an assistant reported the breach in protocol, which occurred over a span of a year.

In letters mailed to 592 veterans, the medical center notified them of the possibility of hepatitis B, hepatitis C or HIV infections. The VA is providing free screenings and follow-up treatment for veterans who test positive for the viruses. The agency claimed its decision to contact the veterans was simply a precaution as the risk of contracting an infection from the unsterilized equipment was low.

The VA released a statement saying it aimed to “ensure that those responsible for this serious breach of patient trust are held accountable.” There have been calls for the dentist to be fired. However, the VA has not taken any such action so far. The dentist was moved to an administrative role where he will not see patients. He is expected to appear before a review board.

“Failure to follow established infection control procedures is not acceptable, and we take the safety of our patients seriously,” said Tomah VA medical center director Victoria Brahm.

In an online essay, institute Director of Health Policy Studies at Cato Institute Michael Cannon offered a radical idea to transform the Department of Veteran Affairs. Cannon suggests that free health care not be provided for veterans and instead provide better pay and vouchers for veterans to buy their own coverage.

Cannon also has recommended privatizing the Veterans Health Administration, which he believes would “improve the quality of veteran’s benefits immeasurably.”

The idea, despite some factors such as expanding private care options for veterans, has been widely opposed by individuals all over the political spectrum. Republicans, including President-elect Donald Trump, are in favor of providing veterans with more private health care options but have never mentioned plans to completely rid veteran’s benefits. Democrats and veteran groups are completely opposed to privatization of VA functions arguing that these physicians lack expertise or motivation to handle difficult service-connected injuries.

The common belief amongst many is that not only is this idea radical, but it is also a ridiculous idea provided from the Cato Institute think tank. The strict privatization of health care for veterans would almost certainly result in veterans paying out of pocket for their medical care, despite the vouchers received. Medical care is the least we can provide our veterans for the sacrifices of them and their families.

House Veterans Affairs Committee Chairman Jeff Miller, R-Florida, introduced the legislation in July. The VA Accountability First and Appeals Modernization Act emerged in response to a federal appeals board reversing disciplinary actions against VA executives involved in an employee relocation scam earlier this year.

“This bill is trying to give the [VA] secretary the tools he needs in order to hold employees accountable,” said Miller. He described the lack of employee accountability as. “the biggest obstacle standing in the way of VA reform.”

The measure would reduce the amount of time workers have to respond to proposed disciplinary action or termination. It would also set a time limit for the appeals board to decide a case involving VA employees. Senior executives would no longer be able to appeal to an independent review board. In addition, the VA secretary would have the power to overturn rulings that are in favor of employees.

While supporters said the reform legislation is necessary for improving the culture within the department, not everyone is certain firing more employees is the right step. The VA and a federal employee union expressed concerns about the proposal’s constitutionality. President Barack Obama’s administration issued a statement saying that focusing on firing or demoting employees without adequate protections is misguided. It would strip VA employees of their rights.

A similar accountability measure has been stalled for months in Senate. VA Secretary Robert McDonald said the department supports the Senate Veterans Affairs Committee’s bill. The less-punitive proposal would give the VA secretary more authority to discipline senior executives.

In the study, it was revealed that VA hospitals are failing to ask patients important questions 39% of the time about trauma history, substance use and violence risk.

On top this, VA has failed to provide appropriate justification for discharging patients on multiple antipsychotics 61% of the time, and created a continuing care plan for patients upon discharge around 50% of the time.

Lead author, Meredith Rosenthal stated that, “These results are very troubling,” and that, “They further substantiate the need for VA hospitals to receive greater regulation and financial resources.”

The VA’s Office of Inspector General released the new findings after reviewing the VA’s benefits program for disabled veterans who are unable to leave home without assistance due to injury or illness. As of March 2015, around 186,000 veterans were designated as housebound.

Payment errors affected the benefits of about 33,400 of housebound veterans. Others who received payments experienced delays ranging between five days and six years. The report found ineligible veterans received $44.3 million in benefits designated for housebound veterans.

The inspector general cited a case in which the VA underpaid a disabled veteran around $350 per month for nine years, totaling $36,100. The error was eventually corrected in October 2015. In another example, a temporarily housebound veteran continued receiving extra benefits for over four years after his recovery. The VA overpaid him about $154,000.

“Staff did not accurately address housebound benefits,” the watchdog report concluded. “As a result, some veterans did not receive benefits to which they were entitled, while taxpayer funds were wasted paying other veterans who did not meet the eligibility criteria.”

The IG report attributed the mistakes to poor training and management, as well as inadequate computer systems at the VA. Such shortcomings permitted the agency staff to “arbitrarily decide these claims.”

In a response to the report, the VA said it was working on fixing the problem and initiating several changes this year. Some steps the office plans to take include updating technology and launching an annual review of benefits being paid to housebound veterans. The VA also said more staff training would be required.

In a report released in September, the Government Accountability Office (GAO) credited the Department of Defense (DOD) with improving practices to mitigate the risks of exposure to burn pits, but stated that the DOD still needs to ensure that “research specifically examines the relationship between direct burn pit exposure and long-term health issues.”

In the report, the GAO also states that there has not been enough progress over the issue of burn-pit exposure since it was discovered more study was needed five years ago.

The report warns that “The current lack of data on emissions specific to burn pits and related individual exposures limits efforts to characterize potential long-term health impacts of service members and other base personal.”

Right now, the VA’s official position is the research thus far has not established evidence of long-term health problems from exposure to these pits. Since the Department of Defense has not undertaken the necessary research and the Government Accountability Office acknowledges the problem, the VA should give the benefit of the doubt to the veteran. Unfortunately, the extent of the damages to our Veterans may not be confirmed for decades when delayed war casualties slowly emerge.

Twelve nonprofit veteran organizations in Michigan are sharing around $8.1 million of the fiscal 2017 grants to help end homelessness among low-income veterans and their families. Of those, five agencies are affiliated with the Detroit VA. The VA’s Supportive Services for Veteran Families program has awarded the grants. The initiative helps eligible low-income veterans find stable housing and get back on their feet.

The grants will fund case management, outreach and other assistance to prevent veteran homelessness. They will also contribute to rapidly rehousing veterans who become homeless between October 1, 2016 and September 30, 2017. Veterans will be given help with obtaining VA benefits and other service such as health care, legal assistance, child care and transportation.

“The number of veterans who served our country who are homeless is deeply troubling,” said U.S. Congresswoman Debbie Dingell. “This funding will support local groups that work day in and day out to help veterans and their families transition into permanent housing and access the support services they need.”

According to the VA, veteran homelessness has decreased 47 percent since the Federal Strategic Plan to Prevent and End Homelessness began in 2010. Since then, the VA and Department of Housing and Urban Development have provided over 360,000 former service members and their families with rapid rehousing, permanent housing or help in preventing homelessness.

The author, Jennifer L. FitzPatrick, MSW, writes from both professional and personal experience. Ms. FitzPatrick chose the field of gerontology after having had a high school job in a nursing home and assisting with her paternal grandparents. Her grandparents’ outlook in their senior years inspired her to devote herself to aging seniors. Ms. FitzPatrick even has formed her own company to deal with aging issues called Jenerations. The book is full of wonderful tips like, think you don’t have a talent for caregiving? She responds, “Caregiving is like a muscle that can be developed and strengthened. This book helps you strengthen that caregiving muscle.”

Perhaps the most helpful chapters are five and six—5) Think Really Hard Before Moving In and 6) Think Really Hard Before You Quit Your Job. From my vantage point as a certified elder law attorney and a certified financial planner who sees many families struggling with all the concerns described in this book, I found the recommendations extremely helpful.

In summary, this is a wonderful reference for those involved with or contemplating a caregiving role for a senior. As anyone involved in such an endeavor knows, the caregiver’s attitude will be crucial in how the senior adapts to the aging process.

Ask Kit Kat – Corn Cob Danger

Hook Law Center:  Kit Kat, what can you tell is about the dog who ate 7 corn cobs?

Kit Kat:  Well, this is a true story. Fortunately, the story has a good ending, but not without some drama along the way. What happened is this—a boxer from the Sandbridge section of Virginia Beach, VA named Roxie got a little greedy, and she ate 7 corn cob halves which she foraged from the family trash. Shortly thereafter, she started throwing up the cobs over a 2-day period. She threw up all but one. The last would just not seem to come up. So the next day, her owner, Dakota Hudson, took her to the vet. X-rays revealed the last corn cob stuck deep in her stomach which would require surgery costing $5000 to remove it. Ms. Hudson was in a quandary—she didn’t want her to suffer, but there was no way she could afford the surgery. She was just about to give her permission for Roxie to be euthanized, when the vet, Dr. Beth Tynan of Blue Pearl Veterinary Partners on Independence Blvd. said that she had contacted Frankie’s Friends, a national pet charity. Frankie’s Friends would cover the surgery costs.

Roxie is one lucky girl! She was able to return home to her human family and her canine sibling, Quigley. Her previous escapades have included ingesting a pack of cigarettes and a tussle with a water snake in which she received several bites. Lesson to owners—keep close watch on your pets, if they have a tendency to eat things. Vets report finding hair ties, plastic figurines, and even bathing suits in the stomachs of dogs. While dogs have fairly strong constitutions, there is a limit to what they can safely eat. Don’t let your dog end up like Roxie!

(Jane Harper, “ A corn cob nearly took this dog’s life—until a charity stepped in,” The Virginian-Pilot, September 22, 2016, p.1&7)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Cruising through Caregiving – Book Review first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2016/10/va-workers-turn-entrepreneurs-to-improve-veterans-health-care/ Mon, 03 Oct 2016 17:19:23 +0000 http://www.seonewswire.net/2016/10/va-workers-turn-entrepreneurs-to-improve-veterans-health-care/ Department of Veterans Affairs (VA) employees pitched ideas for improving veterans health care services nationwide during the VA Innovation Demo Day in Washington, D.C., on August 15. They hoped their projects would win support and funding for widespread adoption across…

The veteran suicide rate in the United States has commonly been quoted as an estimated 22 per day. Although the figure has been used for years, veterans groups and health care experts have questioned its accuracy. The recent findings come from the VA’s most comprehensive suicide study to date. The department analyzed the records of more than 55 million veterans from each state between 1979 and 2014.

The VA said it will use the data to improve suicide prevention programs and mental health care policies. The department said it was “aggressively” implementing new measures to address the problem. In particular, there will be greater focus on high-risk groups including female and older veterans. For example, veterans will have same-day access for urgent mental health care needs.

The VA has enhanced its Veterans Crisis Line and hired thousands of support personnel in recent years. “Veterans in the top 0.1 percent of risk, who have a 43-fold increased risk of death from suicide within a month, can be identified before clinical signs of suicide are evident in order to save lives before a crisis occurs,” the VA said in a statement.

Around 70 percent of veterans who committed suicide did not regularly use VA services. However, the data indicated that veterans’ suicide risk may decrease through the use of VA services.

Sources:

• http://abcnews.go.com/US/va-releases-results-largest-analysis-veteran-suicide-rates/story?id=40401007
• http://www.militarytimes.com/story/veterans/2016/07/07/va-suicide-20-daily-research/86788332/
• http://www.wsj.com/articles/u-s-veterans-commit-suicide-at-rate-of-20-a-day-va-says-1467908311

According to officials, around 6,500 of the VA’s 93,000 nurses have advanced training. These nurses would see their responsibilities broadened under the proposal. They would have the authority to prescribe medications, perform diagnostic tests, treat acute and chronic illnesses and administer anesthesia without a doctor’s supervision.

The VA would follow in the footsteps of the military, 21 states and the District of Columbia that have increased the authority of advanced nurse practitioners by allowing them to practice independently. Nurse practitioners are trained to provide many of the same primary care functions as doctors. However, many state laws have prohibited them from performing certain health care services without a physician’s oversight.

Both the American Society of Anesthesiologists and the American Medical Association (AMA) have opposed the VA’s proposed policy. “… We believe that providing physician-led, patient-centered, team-based patient care is the best approach to improving quality care for our country’s veterans,” AMA Board Chair Dr. Stephen Permut said in a statement. “We feel this proposal will significantly undermine the delivery of care within the VA.”

On the other hand, nurses welcome the VA’s proposal as a way to improve care for veterans. The American Nurses Association released a statement saying that longstanding limits on the scope of practice for highly trained nurses has harmed veterans. They noted staff shortages cause backlogs for health care to grow longer.

Sources:

• https://www.washingtonpost.com/news/powerpost/wp/2016/05/27/to-cut-wait-times-va-wants-nurses-to-act-like-doctors-doctors-say-veterans-will-be-harmed/
• http://www.forbes.com/sites/brucejapsen/2016/05/26/va-would-join-21-states-lifting-nurse-practitioner-hurdles/#8f72bcf9f2c7

Researchers Doohee Lee of Marshall University and Charles E. Begley of the University of Texas Health Science Center at Houston analyzed data from a 2010-11 survey on delays in seeking health care. Veterans were among the 11,000 individuals surveyed nationwide.

Around 29 percent of veterans reported waiting to get the health care they needed. Only 17 percent of the general population reported the same. The study also found former service members with VA health insurance were 1.76 times more likely to delay getting necessary medical care than people with private health insurance. Fewer than 2 percent of survey respondents had VA coverage.

Veterans said they had trouble making phone appointments with VA doctors and finding transportation to medical facilities. The study results are in line with recent problems the VA has experienced. Investigations have uncovered long wait times for patients seeking health care and inappropriate scheduling practices at VA medical centers.

The researchers suggested the delay in seeking health care is most likely linked to VA access problems. “Access problems within the VA system may be creating disparities in care for this vulnerable and deserving population that need to be mitigated,” they said. The findings could have significant implications for future VA policies for decreasing health care delays among veterans.

Kimberly Graves and Diana Rubens manipulated the VBA’s hiring system for their own benefit. The inspector general’s September report claimed they coerced lower-ranking regional managers into accepting job transfers. The two then filled the vacant positions themselves while reducing their responsibilities and maintaining their senior executive salaries. Besides their respective salaries of around $173,000 and $181,500 per annum, Graves and Rubens also got a combined total of over $400,000 in moving expenses.

Pummill is being suspended for “his alleged lack of oversight regarding Ms. Rubens’ and Ms. Graves’ actions in connection with their relocations,” according to a VA statement. He is allowed to appeal his suspension. The two employees will be reprimanded and receive a 10 percent pay cut. However, both Rubens and Graves have returned to their respective former positions as head of the VBA Philadelphia regional office and director of the benefits office in St. Paul, Minnesota.

Regarding Rubens and Graves, Deputy VA Secretary Sloan Gibson said he was “encouraged by their immediate effort to get back to work.” However Rep. Jeff Miller, R-Fla., House Veterans Affairs Committee chairman, was vocal in his criticism of the VA’s actions in response to the relocation scam.

Miller described the punishments as “a weak slap on the wrist.” He called for more accountability, saying the two employees should have been fired instead. “One thing is clear: this dysfunctional status quo will never change until we eliminate arcane civil service rules that put the job security of VA bureaucrats ahead of the veterans they are charged with serving.”

With each tragic story of a suicide, the same question is asked: “why didn’t they talk to someone or seek out help?” As a society, we want to believe that there is always someone out there to talk to; always an outstretched hand just waiting for you to take hold. Well, it turns out this notion is not true for our military veterans.

A congressional hearing on VA appropriations uncovered the disgusting and inexcusable management of the VA suicide hotline. Apparently the VA doesn’t think that suicides are time-sensitive emergencies because the VA hotline sends callers straight to voicemail; never to return their calls.

When asked to provide the call center statistics, the VA refused to comply. VA undersecretary Dr. Shulkin also went on record to say that this is not the VA’s fault; telling Congress that it was a contractor’s problem. Of course, the VA refused to identify who this contractor was, nor would they disclose the name of the VA employee in charge of the hotline.

It’s hard to imagine that incoming calls being directed straight to voicemail were anything more than a technological mistake; but we’re talking about the VA after all, nothing is too outlandish.  An inspector general’s investigation into a Veteran Crisis Line (VCL) backup center revealed that the staff did not even know a voicemail system existed, and so no calls were ever returned. Further, nearly 90% of call center operators did not complete their training and over half did not take the post orientation test.

The VA must correct this procedure immediately, another loss of life is inexcusable.

To read the full story, visit: http://dailycaller.com/2016/03/03/veteran-kills-himself-after-call-to-va-suicide-hotline-goes-to-voicemail/

Under the Puppies Assisting Wounded Service members (PAWS) Act, the Department of Veterans Affairs (VA) would help pair veterans suffering from PTSD with a service dog. The five-year pilot program is expected to cost $10 million, which would be funded from the VA’s Office of Human Resources and Administration.

“The PAWS Act is a simple bill that could have a dramatic — and potentially life-saving — effect on the lives of many,” Rep. Ron DeSantis (R-Fla.) said in a written statement. “Thousands of our post-9/11 veterans carry the invisible burden of post-traumatic stress . . . The VA should use every tool at their disposal to support and treat our veterans, including the specialized care offered by service dogs.”

An Assistance Dog International-accredited organization or private provider would pair the veteran with a service dog. The VA would pay the organizations for the dogs at a maximum of $27,000 per dog. The department would also provide veterans with veterinary health insurance for their dogs.

In return, veterans would be required to see a VA doctor or mental health specialist at least once quarterly. According to the legislation, the prerequisites for veterans seeking a service dog are that they must “remain significantly symptomatic by clinical standards” and undergo evidence-based treatment. The Government Accountability Office would monitor the program’s effectiveness.

In a report released February 11, Institute of Medicine researchers said veterans of the 1991 Persian Gulf War are at a higher risk for developing a number of physical and mental health conditions. These include post-traumatic stress, anxiety, depression, digestive problems, chronic fatigue syndrome and Gulf War illness. The latter is an umbrella term used to describe undiagnosed symptoms in Gulf War veterans.

The IOM panel examined studies on the prevalence of various diseases in Gulf War veterans as well as those who did not deploy. They then categorized them on a spectrum ranging from “sufficient evidence of a causal relationship” to “inadequate or insufficient evidence to determine an association.”

According to the committee, the over $500 million in government-funded research on Gulf War veterans between 1994 and 2014 has provided little overall insight into the war’s health effects. Although evidence for Gulf War illness has increased in recent years, there has been a lack of progress in determining its causes and understanding how to treat it. The debilitating disease’s wide range of symptoms include fatigue, joint and muscle pain, headaches, gastrointestinal problems and skin rashes.

The IOM committee recommended the VA continue to monitor aging Gulf War veterans for degenerative brain diseases that take a long time to develop, such as amyotrophic lateral sclerosis (ALS), Parkinson’s and Alzheimer’s. The focus should shift to personalized care for veterans and treatment of the illness, as well as its mind-body connection.

However, veterans advocates who suffer from Gulf War-related illnesses expressed outraged at the report. They argued it reflects the panel’s bias toward the VA and selectivity in choosing the studies to review.

Reports of the Minneapolis and Amarillo VA hospitals’ misdiagnosis of traumatic brain injuries (TBI) for veteran patients are disturbing and unacceptable. Over 300 veterans at the Minneapolis VAMC and 70 at the Amarillo VAMC were screened for TBI by an unqualified doctor or by a nurse practitioner.  As a result, veterans were misdiagnosed and denied both TBI benefits and treatment.

Since TBI’s are so complex, it is VA policy for an evaluation to be conducted by one of four specialists: neurosurgeons, neurologists, psychiatrists, and physiatrists. Violations of this policy have already been confirmed at the Minneapolis and Amarillo VAMCs; but officials don’t know how widespread this is. Congressional leaders are now calling for the VA to conduct an internal nationwide review while the local news station who first broke the story has filed a Freedom of Information Act asking for information on every veteran who was diagnosed by an unqualified medical examiner.

It’s disappointing that a VA doctor would not have enough respect for the veteran patient, nor for the entire medical field to which he/she belongs, to ensure a proper TBI diagnosis is rendered. This is especially true today, where the concussion epidemic in the NFL has forced brain injuries into the limelight. Yet, certain VA hospitals took shortcuts for the sake of saving time and money.  Not only will veterans have been denied compensation and medical treatment, but also left to cope with the misdiagnosis that their issues are just a figment of their imagination. That is a heavy burden to bear alone in our society.

If both TBI’s and sports-related concussions are confirmed to be causes of Chronic Traumatic Encephalopathy (CTE), shouldn’t this gross mistreatment of veterans be a bigger story?

See the news story here: http://www.kare11.com/news/investigations/kare-11-investigates-va-expands-investigation-of-unqualified-doctors/65062741

Earlier this year, the RAND Research Corporation published their study on the state of affairs for military veterans in the Metro Detroit area. More specifically, the purpose was to identify and propose solutions to the issues that veterans with mental health issues face when seeking out healthcare.

The most common barrier to treatment shared by veterans was the lack of awareness of available resources and treatment options. Other issues included: the difficultly of navigating the VA health care system; poor public transportation infrastructure in Metro Detroit; negative perceptions held by family members and VA medical staff toward veterans and their mental health issues; and finally lack of awareness that a mental health issue existed in the first place.

Unfortunately, this study was neither innovative nor impressive; it simply offers lofty goals but no plans on how to reach them or how each fits within the Metro Detroit culture. The RAND Corporation should take the study a step further to address issues and propose solutions for each of the three counties that make up Metro Detroit.

http://www.rand.org/pubs/research_reports/RR1346.html

Authored by Rep. Julia Brownley, the Female Veterans Suicide Prevention Act will determine which of the Department of Veterans Affairs’ programs are the most effective in preventing female veteran suicides. The measure will also examine factors unique to women in order to allow the development of gender-specific programs.

“We can and must do more to address the epidemic of suicide among our women veterans,” said Brownley. “We know that suicide can be prevented, but we need to work harder to understand the root causes. This bill is an important step forward toward that goal.”

VA studies have shown female veterans are six times more likely to commit suicide as civilian women. The suicide risk doubles for female veterans between the ages of 18 and 29. The majority of research into veteran suicide has focused on males who comprise 90 percent of the veteran population. As a result, the reasons for the high female veteran suicide rate are unclear.

Researchers have identified several possible factors. These include adverse childhood incidents before military service, injuries such as traumatic brain injury and military sexual trauma (MST) among women. They found that veterans who experienced sexual assault while in the military faced an overall higher risk of suicide.

Female veterans with a history of MST were more than twice as likely to commit suicide as women veterans without such experiences. The results highlight the importance of MST awareness and mental health treatment for associated conditions such as post-traumatic stress or depression, which can be risk factors for suicide.

Overall, the VA’s suicide prevention efforts have appeared to help male veterans more than women. While the VA has taken steps to improve mental health programs aimed at women, there is no gender-specific data available on their effectiveness.

ReWalk Robotics makes electronic leg braces with motion sensors and motorized joints that allow individuals to stand upright and walk. The company said the VA’s decision means that injured veterans can be considered for a personal unit after they receive training at centers around the country. A dozen VA facilities are expected to start training staff to provide the system.

The measure marks the nation’s first federal coverage policy for devices such as the ReWalk, which are often expensive. Veterans have been calling for the VA to take action as many are unable to afford the $77,000 price tag. Most of the 36 veterans who bought the device paid for it out of pocket or via fundraising. However, the company hopes the VA’s policy will lead to more private insurers covering the device.

“The research support and effort to provide eligible veterans with paralysis an exoskeleton for home use is a historic move on the part of the VA because it represents a paradigm shift in the approach to rehabilitation for persons with paralysis,” said Dr. Ann Spungen, who led VA research on the system.

However, the device makers must overcome another hurdle. Only a fraction of the country’s 42,000 paralyzed veterans are eligible for a wearable exoskeleton as it has set weight and height requirements. The system also works for paraplegics but not for quadriplegics.

Although VA pilot studies have noted improved sleep, reduced back pain and other health benefits among paraplegics who used the ReWalk, the exoskeleton and other competing devices are not fast enough or can be worn long enough to replace wheelchairs.

In 2014, Congress proposed a law that would penalize veterans and surviving spouses of veterans who were looking to apply for the VA Benefit if they transferred assets within the three year period from when they applied for benefits.  If the veteran or surviving spouse did transfer assets, there would be a penalty imposed on the veteran or surviving spouse.

However, that bill failed and never saw the light of day.

VA Benefits Proposed Rule Change in 2015

In early 2015, the VA took another route to get the “3 Year Look-back” rule implemented.  Instead of a change in law through Congress, they looked to change the administrative rules.

With that goal in mind in early 2015 they made a proposed rule change that would implement a 3 year look-back.  There was a comment period that closed March 24th.  There were over 900 people who made comment, including many elder law lawyers.

There were credible rumors in the elder law attorney community that the proposed rule change would go into effect in the spring of 2016.

Another Attempt for Congress to Pass VA Rule Change

The Elder Care Firm’s VA Accredited Attorneys have consistently advocated for veterans, and argued the VA did not have independent authority to make such changes and needed Congressional approval. Apparently the VA agrees, so it secured the support of a few senators to craft a bare-bones House Resolution called the “Veterans Care Financial Protection Act of 2016.” Essentially, this Act would approve any “standards” developed and implemented by the VA “that protect individuals from dishonest, predatory, or otherwise unlawful practices relating to increased pension available … on the basis of need for regular aid and attendance.”

If this Resolution passes, all of the proposed changes to Title 38 of the Code of Federal Register, as drafted by the Veterans Administration, affecting veterans, imposing transfer penalties of up to 10 years, would become law.

However, according to VA law expert Victoria Collier, there is one glaring problem, “neither the bill nor the proposed changes in Title 38 define “dishonest, predatory, or otherwise unlawful practices.””  For example, lawyers who draft estate planning documents, licensed to do so in the state where the client resides, are acting lawfully. Certainly, misrepresentation that a trust or an annuity is required in order to get VA benefits is dishonest.  But making transfers of assets to trusts and the purchase of an annuity itself are not unlawful.  Holding educational seminars is not predatory.

Collier goes on to comment, “This is yet another example of a poorly drafted piece of legislation designed to appeal to the emotions of the ignorant, and it purposely does not adequately explain the consequences for or against the cause.”

Veterans will be harmed by the changes in the laws, not protected. The VA could punish the group of professionals using unethical practices or committing illegal acts.

Let your representatives know the real issues behind the reason for this new resolution. Urge them not to pass this blindly – know what the proposed rules are that affect pension benefits and veterans.

Planning ahead for VA Benefits and Medicaid

The earlier a family starts planning for a Veteran or surviving spouse of a veteran, the more options are on the table as the loved one navigates the long-term care journey.  Often, as VA Accredited Elder Law Attorneys, we utilize special asset protection trusts to help qualify for the VA Benefit or Medicaid.

The post VA Tries Again to Get Rule Changes Approved by Congress appeared first on Michigan Estate Planning.

The Veterans Benefits Administration (VBA) recently began to scan and digitally store the multitude of documents received from veterans during the claims process in order to increase efficiency and reduce paper waste. On its face, this idea of a paperless claims process seems to be one of those rare instances in which the Veterans Administration is acting in the interests of those it is intended to serve. What’s not to love about an environmentally conscious initiative that will grant applicants access to all documents during the claims process via the internet, thereby reducing the claims processing time?

Well, it seems as though this was an empty promise. Per usual, the VA carried out this digital transition consistent with its longstanding tradition of incompetence. At best, VA employees were ill-prepared and overwhelmed by the volume of work that was required to complete this. The more likely story is that the VA sought to push their workload and responsibilities onto a third party, inevitably delaying the claims process.

The idea of an efficient Veterans Administration is a paradox, and this paradox is best displayed in the recent investigative report conducted by the VA Office of Inspector General on the St. Petersburg Regional Office (RO). Initiated after receiving a tip from St. Petersburg RO employees, inspectors looked into the nearly 30-day increase in average wait time for claims processing.

From June 2014 to December 2015, the average wait time at the St. Petersburg RO jumped from 152 days to 179 days. What’s troubling is that VA officials announced an 88% decrease in backlogged claims during the same time period. Additionally, the St. Petersburg RO was well-underway in the digital transition that was supposed to result in a reduction in the claims processing wait time. So what went wrong?

In order to carry out this digital transition, the VA contracted out the scanning process to CACI International. VA employees were to compile the hardcopy documents received from veterans, place the organized file into boxes, and ship them to the CACI scanning center for digital conversion and storage. The program’s reliance on VA employees to effectively carry out this new responsibility seemed problematic from the start, not to mention the unnecessary addition of a third party transaction for the sake of efficiency.

As it turns out, you cannot teach an old dog new tricks. Investigators uncovered a backlog of nearly 1,600 boxes and 42,000 packages sent by mail. Contained within these boxes and packages were individual claims sitting unprocessed at the CACI scanning center. The mountain of unprocessed claims was a result of the St. Petersburg office’s “inefficient preparation and handling of veteran-provided documentation.”

The boxes received by the CACI were filled with loose papers with sensitive information for multiple veterans along with irrelevant documents such as blank pages. The result was a nearly tenfold increase of unprocessed veteran claims materials shipped from St. Petersburg to the CACI center.

Even those documents lucky enough to be processed were taking six times as long as they were supposed to. Far more problematic than the slower processing time was the post-scan storage of this sensitive information. Apparently, CACI thought it would be okay to toss them into the nearest utility closet: “We [VA Office of Inspector General] observed a large amount of hard copy sensitive veteran information haphazardly commingled with contractor company documentation, excess office furniture, and empty computer boxes that appeared to be trash.”

According to investigators, this was not an issue of CACI employment misconduct, but rather inadequate VA oversight. The VA seized the opportunity to lighten the workload and didn’t find it necessary to ensure safe and speedy processing of claims at the scanning center. The report says the unattended claims were “potentially vulnerable to loss, theft, and misuse to include identity theft or fraud.” Needless to say, many documents that veterans submitted to the VA never got scanned into the system or properly attached to the veteran’s file.

So once again, the VA shows how little value is placed on veterans disability claims. The real losers here are the unidentified number of veterans who suffered a longer claims process time, or worse, the loss of their claim altogether. This report affirms the importance of retaining competent representation when filing or appealing a benefits claim with the VA. Don’t rely on the good faith of the VA employees to carry out your claim.

We have a national practice representing veterans from across the country. This representation occurs at the United States Court of Appeals for Veterans Claims, the Board of Veterans’ Appeals and regional offices. We have helped veterans collect over $10,000,000 in retro and future benefits. Over the years, Legal Help for Veterans has become a trusted name in the legal community for providing legal services to veterans.

The VA will only pay for or subsidize veterans who need nursing home care due to a service-connected disability or any vet with a combined service-connected disability rating of 70% or more and who need skilled nursing care. The VA only provides nursing home care for individuals in other categories IF beds and resources are available.

Limitations of VA Nursing Homes in Michigan

One of the biggest limitations of VA Nursing homes, even if you qualify in Michigan is their location.  In Michigan there are two VA Nursing Homes in the whole state.  There is is one in Marquette and the other is in the Grand Rapids area.  Not very helpful if your loved one is a Veteran in the Brighton, Livonia, Metro-Detroit area.

Furthermore, you can’t just decide you are going to a VA nursing home, even if you believe you meet the level of care and rating requirements. There is a process to be evaluated for VA nursing home care. You must first be enrolled for Veterans Health Benefits, which is another process in and of itself and can include an evaluation of income and assets.  Then, once enrolled with the Veterans Health Administration, you must then be evaluated by a primary care provider or a geriatric specialist for nursing home care.

Moreover, if you are a surviving spouse of a Veteran you may not qualify for a VA Nursing Home at all.

You can learn more about VA Care at their website.

VA Benefits for Nursing Home, Assisted Living and Home Care

Now the VA will not pay your entire nursing home, but there is a VA Benefit that will help pay for home care, assisted living or nursing home care called the Aid & Attendance Benefit.

This year the VA Aid & Attendance Benefit maxes out at $2,120 per month.  Now this will not cover the whole cost of nursing home care, which can run over $12,500 per month in Michigan, but it will help ease some of the burden, especially of assisted living or home care.

Medicaid and VA Benefits Together

Typically, if you are a veteran or surviving spouse of a veteran we, at The Elder Care Firm, will help families link their VA Benefits and Medicaid by initially qualifying the family for the VA Benefit when they need home care or assisted living.  However, once the loved one transitions to a nursing home, we will help them qualify for Medicaid by sheltering their resources.  The net effect is until the family needs nursing home care, we help bring in up to $2,120 per month, then once nursing home is needed, Medicaid picks up a majority of the nursing home cost.

Planning ahead for VA Benefits and Medicaid

The earlier a family starts planning for a Veteran or surviving spouse of a veteran, the more options are on the table as the loved one navigates the long-term care journey.  Often, as VA Accredited Elder Law Attorneys, we utilize special asset protection trusts to help qualify for the VA Benefit or Medicaid.

The post Will The VA (Veteran’s Administration) Pay My Nursing Home Care appeared first on Michigan Estate Planning.

VA just announced today that eight medical conditions that are linked to contaminated water at Camp Lejeune, North Carolina from 1953 to 1987, will become presumptive disabilities allowing for service connection. Currently, Camp Lejeune veterans who had exposure to the contaminated water during that time period and have those eight conditions are eligible for free VA health care or reimbursement for medical costs. With these new regulations, those veterans can also become presumptively service connected for those disabilities. The disabilities include kidney cancer, liver cancer, non-Hodgkin lymphoma, leukemia, multiple myeloma, scleroderma, Parkinson’s disease, and aplastic anemia or other myelodysplastic syndromes. This means that the widows/widowers/dependents of these veterans who died from these diseases are also eligible for DIC benefits.

Veterans who have previously been denied for these claims may seek to have their previous claims reevaluated. For those veterans who currently have claims pending for these conditions, those claims will be put on hold with VA until the final regulations are released. No timeline was given by VA for this task to be completed.

VA just announced today that eight medical conditions that are linked to contaminated water at Camp Lejeune, North Carolina from 1953 to 1987, will become presumptive disabilities allowing for service connection. Currently, Camp Lejeune veterans who had exposure to the contaminated water during that time period and have those eight conditions are eligible for free VA health care or reimbursement for medical costs. With these new regulations, those veterans can also become presumptively service connected for those disabilities. The disabilities include kidney cancer, liver cancer, non-Hodgkin lymphoma, leukemia, multiple myeloma, scleroderma, Parkinson’s disease, and aplastic anemia or other myelodysplastic syndromes. This means that the widows/widowers/dependents of these veterans who died from these diseases are also eligible for DIC benefits.

Veterans who have previously been denied for these claims may seek to have their previous claims reevaluated. For those veterans who currently have claims pending for these conditions, those claims will be put on hold with VA until the final regulations are released. No timeline was given by VA for this task to be completed.

The new rule change was set to be enacted in February of 2016, however it looks to be pushed back to later in spring according to recent VA Benefit gossip.

Nothing is for sure, but that’s the latest on the buzz about the new look-back period for the VA Benefit.

What Does the 3 Year Look-Back Period Mean for Veterans or Surviving Spouses of Veterans?

With the 3 year look back for veterans and surviving spouses of veterans, it means that families looking to get qualified for the VA Benefit will now have to a better job of planning ahead and contact their VA Accredited Certified Elder Law Attorney sooner to begin planning.  Crisis planning (planning when a loved one already needs care) will become more difficult and there will be a greater emphasis on planning ahead.

The planning we do as Michigan elder law attorneys for clients who need Medicaid may resemble the planning we’ll need to do for clients who are looking to qualify for the VA Benefit.  However, much is unknown since the final rules haven’t been published yet.  The proposed rule left some gaps and that is why I think the VA is taking their time with the implementation of the three year look back on asset transfers.

For example, one of the issues that was unclear from the proposed rules was whether they would grandfather in any prior planning or would the three year look-back period apply immediately.

Still lots of questions to be answered.

The post VA Benefit (Aid and Attendance) Rules Change Spring 2016? appeared first on The Elder Care Firm.

The Cost of Not Planning

There are some simple statistics that help illustrate the cost of not engaging in proper estate planning.  The first is the cost of probate.  There are numerous sources that site the cost of assets going through probate as 3-5% of the total assets.  With a proper plan in place, you can avoid Michigan probate.

Long-Term Care Costs in Michigan

The average cost over all of Michigan for a nursing home is $8,084.  If the planning I suggest can help save months and months of nursing home costs, then is the investment worth it or does it make more sense to pay $8,084 per month until your family runs out of money.

Missing The VA Benefits You Are Entitled To

Many families report that they wish they had entered our office years ago, because they could have been receiving up to $2,120 per month, tax free for a number of years had they engaged in our services years ago.  Unfortunately, they either spoke with the wrong lawyer, found the wrong information on-line or spoke to the wrong family or friend, who led them astray.

Leaving Family Members Unprotected

Most of the estate plans that I review leave everything outright to their loved ones.  This could cost them their own inheritance.  What happens if you leave everything to your daughter and she then gets divorced, where do the assets go?  To the spouse.  What happens if she were to pass away, where do the assets go?  All to the spouse.  Instead of leaving your children pillowcases of money, what if you could protect your children from the outside environment, the divorces, lawsuits, student loans?  Having everything going to them when they reach a certain age does not protect them.

The Cost of Choosing the Wrong Lawyer

Not all lawyers are created equal.  It’s unfortunate.  There are lawyers and legal plans that prepare free wills, powers of attorney for people (UAW Legal Plan).  Unfortunately, you get what you paid for.  Just like if you needed heart surgery, you’d want a heart surgeon instead of a family doctor…estate planning and elder law is no different.

Can you price shop and find someone who will do a cheaper trust, will, power of attorney or even promise you VA qualification or Medicaid qualification?  Sure….but you need to ask yourself why are they cheaper?  Is it apples to apples comparison?  Most likely not.  Are they a Certified Elder Law Attorney (CELA)? Do they teach elder law at law school?  Have they written a book on the subject?  Are they a 10.0 rated lawyer on Avvo?

By engaging with an attorney who is not an expert in the area you are putting your life’s work at risk.  You deserve better.  Estate planning, elder law, and asset protection legal planning are serious business and should be treated as such.

The post The Cost of Michigan Estate Planning appeared first on The Elder Care Firm.

Currently, to be eligible for VA Benefits or Aid and Attendance a veteran (or the veteran’s surviving spouse) must meet certain income and asset limits. The asset limits aren’t specified, but $80,000 is the amount usually used. However, unlike with the Medicaid program, there are no penalties if an applicant divests him- or herself of assets before applying.

The proposed regulations will set an asset limit of $119,220, which is the current amount (in 2015 and 2016) that a Medicaid applicant’s spouse is allowed to retain. But in the case of the VA, this number will include both the applicant’s assets and income. It will be indexed to inflation in the same way that Social Security increases. An applicant’s house will not count as an asset, but there is a two-acre limit on the lot size that can be excluded.

The regulations also establish a three-year look-back provision. Applicants who transfer assets within three years of applying for benefits will be subject to a penalty period that can last as long as 10 years. To avoid the penalty, applicants will have to present clear and convincing evidence that the transfer was not made in order to qualify for Aid and Attendance benefits.

Under the new rules, the VA will determine a penalty period in months by dividing the amount transferred by the applicable maximum annual pension rate (MAPR). The MAPR for surviving spouses is a little more than half the MAPR for veterans, which means the penalty period for a surviving spouse would be almost twice as long as a veteran’s penalty period would be for the same transferred asset.

It isn’t clear yet when the new regulations will take affect, but they could be in place as early as January 1, 2016, and some VA offices are reportedly already processing applications under the new rules. If you are considering applying for Aid and Attendance benefits, you should start the process immediately. Contact your elder law attorney for help.

For more information about veterans’ benefits, click here.

The post VA Benefits for Long-Term Care Will Be More Difficult to Qualify for in 2016 appeared first on The Elder Care Firm.

Currently, to be eligible for VA Benefits or Aid and Attendance a veteran (or the veteran’s surviving spouse) must meet certain income and asset limits. The asset limits aren’t specified, but $80,000 is the amount usually used. However, unlike with the Medicaid program, there are no penalties if an applicant divests him- or herself of assets before applying.

The proposed regulations will set an asset limit of $119,220, which is the current amount (in 2015 and 2016) that a Medicaid applicant’s spouse is allowed to retain. But in the case of the VA, this number will include both the applicant’s assets and income. It will be indexed to inflation in the same way that Social Security increases. An applicant’s house will not count as an asset, but there is a two-acre limit on the lot size that can be excluded.

The regulations also establish a three-year look-back provision. Applicants who transfer assets within three years of applying for benefits will be subject to a penalty period that can last as long as 10 years. To avoid the penalty, applicants will have to present clear and convincing evidence that the transfer was not made in order to qualify for Aid and Attendance benefits.

Under the new rules, the VA will determine a penalty period in months by dividing the amount transferred by the applicable maximum annual pension rate (MAPR). The MAPR for surviving spouses is a little more than half the MAPR for veterans, which means the penalty period for a surviving spouse would be almost twice as long as a veteran’s penalty period would be for the same transferred asset.

It isn’t clear yet when the new regulations will take affect, but they could be in place as early as January 1, 2016, and some VA offices are reportedly already processing applications under the new rules. If you are considering applying for Aid and Attendance benefits, you should start the process immediately. Contact your elder law attorney for help.

For more information about veterans’ benefits, click here.

The post VA Benefits for Long-Term Care Will Be More Difficult to Qualify for in 2016 appeared first on The Elder Care Firm.

Visitors to VA facilities can now bring service animals if they “are individually trained to perform work or tasks on behalf of an individual with a disability,” whether it is physical or mental. Under the policy, only dogs can be considered service animals. VA rules are now in line with existing federal regulations enforcing the Americans with Disabilities Act.

Under the regulation, VA facilities are allowed to ask only if the animal is required for a disability and if so, what task the animal has been trained to perform. They cannot request proof of the animal’s training as a service dog. However, VA facility managers have the right to remove a dog from the property if it displays threatening behavior, is untrained or is improperly housebroken.

Service dogs are an essential part of life for many veterans who are coping with post-traumatic stress disorder and other conditions. According to Service Dog Central, a national organization of service dog trainers, an estimated 387,000 people nationwide have service dogs.

The change in regulation has been welcomed by veterans advocates working to alter the previous restrictive policy. In the past, the VA allowed only seeing-eye dogs to accompany veterans. Access for other assistance dogs, such as those aiding mobility, was determined inconsistently by local rules which resulted in veterans being allowed to visit only certain facilities with their dogs.

The VA is now training employees to ensure they understand the revised guidelines and that policies at all facilities “are consistent with the new regulation.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Visitors to VA facilities can now bring service animals if they “are individually trained to perform work or tasks on behalf of an individual with a disability,” whether it is physical or mental. Under the policy, only dogs can be considered service animals. VA rules are now in line with existing federal regulations enforcing the Americans with Disabilities Act.

Under the regulation, VA facilities are allowed to ask only if the animal is required for a disability and if so, what task the animal has been trained to perform. They cannot request proof of the animal’s training as a service dog. However, VA facility managers have the right to remove a dog from the property if it displays threatening behavior, is untrained or is improperly housebroken.

Service dogs are an essential part of life for many veterans who are coping with post-traumatic stress disorder and other conditions. According to Service Dog Central, a national organization of service dog trainers, an estimated 387,000 people nationwide have service dogs.

The change in regulation has been welcomed by veterans advocates working to alter the previous restrictive policy. In the past, the VA allowed only seeing-eye dogs to accompany veterans. Access for other assistance dogs, such as those aiding mobility, was determined inconsistently by local rules which resulted in veterans being allowed to visit only certain facilities with their dogs.

The VA is now training employees to ensure they understand the revised guidelines and that policies at all facilities “are consistent with the new regulation.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

During his opening remarks at the conference on Aug. 24, VA Secretary Robert McDonald said that investing in TBI research can help solve the many problems that veterans face, such as homelessness, suicide and unemployment.

The VA Traumatic Brain Injury State of the Art Research Summit brought together more than 300 leading TBI researchers from around the United States, representatives from various VA regional medical centers and members of nonprofit organizations. “We need your expertise and your experience. We need you to tell us what resources you need for the VA to be nationally and internationally acknowledged as the leader in TBI research, diagnoses and treatment,” said McDonald.

Since 2001, more than 327,000 service members have been diagnosed with head injuries, according to the Congressional Research Service. But that number could be higher since not all head injuries, such as mild concussions, are reported. According to researchers, many veterans may have a TBI despite not showing symptoms.

The summit addressed a range of TBI-related topics including head injury diagnosis, care and long-term rehabilitation for veterans with TBI, pain management, innovations in health care and the direction of future research. Experts also assessed past TBI research and discussed the current understanding of the injury.

McDonald emphasized that along with developing new, cutting-edge treatments for TBI, it is essential to be able to predict its long-term effects. He said that some of the health care problems the VA has faced over the past years are due to its inability to predict future needs or to secure resources to meet demands.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

During his opening remarks at the conference on Aug. 24, VA Secretary Robert McDonald said that investing in TBI research can help solve the many problems that veterans face, such as homelessness, suicide and unemployment.

The VA Traumatic Brain Injury State of the Art Research Summit brought together more than 300 leading TBI researchers from around the United States, representatives from various VA regional medical centers and members of nonprofit organizations. “We need your expertise and your experience. We need you to tell us what resources you need for the VA to be nationally and internationally acknowledged as the leader in TBI research, diagnoses and treatment,” said McDonald.

Since 2001, more than 327,000 service members have been diagnosed with head injuries, according to the Congressional Research Service. But that number could be higher since not all head injuries, such as mild concussions, are reported. According to researchers, many veterans may have a TBI despite not showing symptoms.

The summit addressed a range of TBI-related topics including head injury diagnosis, care and long-term rehabilitation for veterans with TBI, pain management, innovations in health care and the direction of future research. Experts also assessed past TBI research and discussed the current understanding of the injury.

McDonald emphasized that along with developing new, cutting-edge treatments for TBI, it is essential to be able to predict its long-term effects. He said that some of the health care problems the VA has faced over the past years are due to its inability to predict future needs or to secure resources to meet demands.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The erroneous exams resulted in some local veterans being denied TBI benefits. There were more than 300 veterans involved, although the exact number of veterans who may have been denied benefits because of the exams was not known. The affected veterans have been asked to return for new evaluations conducted by medical specialists.

After the TBI examination problems were reported, VA Public Affairs officer Ralph Heussner said in a written statement, “The Minneapolis VA Compensation and Pension Unit did conduct some initial TBI evaluations with providers who were not specialists in one of the four prescribed specialty areas.”

“We have contacted veterans affected by this issue to schedule and complete a repeat initial TBI examination by a medical specialist in neurology, psychiatry, neurosurgery or physical medicine and rehabilitation,” Heussner said.

Since at least 2010, the Minneapolis VA has been violating VA rules about the types of specialists required to make an initial diagnosis for veterans who may have a TBI. A VA training manual and forms used by VA Compensation and Pension examiners state that only physiatrists, psychiatrists, neurosurgeons and neurologists can make an initial TBI diagnosis. Once a TBI is diagnosed, the veteran must undergo a neuropsychological assessment specific to TBI to determine the impact of the brain injury.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com or call 800.693.4800

The erroneous exams resulted in some local veterans being denied TBI benefits. There were more than 300 veterans involved, although the exact number of veterans who may have been denied benefits because of the exams was not known. The affected veterans have been asked to return for new evaluations conducted by medical specialists.

After the TBI examination problems were reported, VA Public Affairs officer Ralph Heussner said in a written statement, “The Minneapolis VA Compensation and Pension Unit did conduct some initial TBI evaluations with providers who were not specialists in one of the four prescribed specialty areas.”

“We have contacted veterans affected by this issue to schedule and complete a repeat initial TBI examination by a medical specialist in neurology, psychiatry, neurosurgery or physical medicine and rehabilitation,” Heussner said.

Since at least 2010, the Minneapolis VA has been violating VA rules about the types of specialists required to make an initial diagnosis for veterans who may have a TBI. A VA training manual and forms used by VA Compensation and Pension examiners state that only physiatrists, psychiatrists, neurosurgeons and neurologists can make an initial TBI diagnosis. Once a TBI is diagnosed, the veteran must undergo a neuropsychological assessment specific to TBI to determine the impact of the brain injury.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Current federal law requires some veterans who do not receive VA health services to carry paperwork as proof of military service to employers or private businesses for discounts. The document, known as the DD-214, contains Social Security numbers and other personal information that could make veterans vulnerable to identity theft.

“At a time when many vets are struggling to reintegrate to society, we should be providing them with solutions, not paperwork. This bill will allow veterans to immediately prove their service to employers, thereby expanding their access to jobs and a number of other benefits,” said Dan Benishek, chairman of the Veterans Subcommittee on Health and Northern Michigan’s U.S. representative, who has co-sponsored the bill.

The VA currently issues ID cards to veterans who receive its benefits, mainly for health care. The new ID cards would not replace the cards already issued to veterans, nor can they be used as proof of eligibility for obtaining federal benefits. No time frame has been determined for when the first ID cards might be given out.

Veterans requesting the ID cards would have to pay a small fee, the amount to be decided by VA officials. The payments would fund the program. In Michigan, like in many other states, veterans already have the option to declare their veteran status on state driver’s licenses or IDs with no extra cost.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com or call 800.693.4800

Current federal law requires some veterans who do not receive VA health services to carry paperwork as proof of military service to employers or private businesses for discounts. The document, known as the DD-214, contains Social Security numbers and other personal information that could make veterans vulnerable to identity theft.

“At a time when many vets are struggling to reintegrate to society, we should be providing them with solutions, not paperwork. This bill will allow veterans to immediately prove their service to employers, thereby expanding their access to jobs and a number of other benefits,” said Dan Benishek, chairman of the Veterans Subcommittee on Health and Northern Michigan’s U.S. representative, who has co-sponsored the bill.

The VA currently issues ID cards to veterans who receive its benefits, mainly for health care. The new ID cards would not replace the cards already issued to veterans, nor can they be used as proof of eligibility for obtaining federal benefits. No time frame has been determined for when the first ID cards might be given out.

Veterans requesting the ID cards would have to pay a small fee, the amount to be decided by VA officials. The payments would fund the program. In Michigan, like in many other states, veterans already have the option to declare their veteran status on state driver’s licenses or IDs with no extra cost.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The VA said that same-sex couples with military ties will be eligible for the full scale of benefits that were, until recently, denied to them in some states. The agency previously upheld a policy of not providing spousal benefits to couples residing in states where same-sex marriage was not recognized.

Defense Department spokesman Navy Lt. Cmdr. Nate Christensen said the Supreme Court decision will not affect the military when it comes to the recognition of marriage or availability of benefits, since they have been in place since the court invalidated the Defense of Marriage Act in 2013.

Since then, same-sex military couples have received access to the department’s benefits. However, VA officials denied benefits to veterans in same-sex unions in states that did not legally recognize their marriages. This prompted lawsuits across the United States, most of which were put on hold while the Supreme Court made its decision.

The latest ruling is set to affect thousands of veterans as it dismantles all the barriers to gaining the full spectrum of benefits given to married couples. In a statement, VA officials said they are working to clarify the benefits process and provide guidance to same-sex couples looking to apply for them.

They added that the ruling now allows the department to “recognize the same-sex marriage of all veterans, where the veteran or the veteran’s spouse resided anywhere in the United States or its territories at the time of the marriage or at the time of application for benefits.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The VA said that same-sex couples with military ties will be eligible for the full scale of benefits that were, until recently, denied to them in some states. The agency previously upheld a policy of not providing spousal benefits to couples residing in states where same-sex marriage was not recognized.

Defense Department spokesman Navy Lt. Cmdr. Nate Christensen said the Supreme Court decision will not affect the military when it comes to the recognition of marriage or availability of benefits, since they have been in place since the court invalidated the Defense of Marriage Act in 2013.

Since then, same-sex military couples have received access to the department’s benefits. However, VA officials denied benefits to veterans in same-sex unions in states that did not legally recognize their marriages. This prompted lawsuits across the United States, most of which were put on hold while the Supreme Court made its decision.

The latest ruling is set to affect thousands of veterans as it dismantles all the barriers to gaining the full spectrum of benefits given to married couples. In a statement, VA officials said they are working to clarify the benefits process and provide guidance to same-sex couples looking to apply for them.

They added that the ruling now allows the department to “recognize the same-sex marriage of all veterans, where the veteran or the veteran’s spouse resided anywhere in the United States or its territories at the time of the marriage or at the time of application for benefits.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The resolution recognizes that PTSD is undertreated and underreported due to stigma and a lack of awareness. Iraq and Afghanistan Veterans of America says the disorder affects an estimated 20 percent of post-9/11 veterans, while the VA reports that Vietnam veterans have “high lifetime rates of PTSD ranging from 10 to 31 percent.”

The goal of this year’s campaign is to help veterans, their caregivers, families and members of the veteran and military community to learn about the PTSD treatment options available to help improve and save lives. The campaign also emphasizes the importance of recognizing the signs and symptoms of PTSD, which can sometimes be hard to detect. If left untreated, PTSD can lead to homelessness, depression and even suicide.

“Raising PTSD awareness is essential to overcoming the myth, misinformation and stigma that too often prevents veterans from seeking help . . . We encourage everyone to join us in this important effort to share important information about PTSD and help veterans receive care they need,” said VA secretary Robert A. McDonald.

Online resources for raising PTSD awareness are a major focus of the 2015 campaign. The VA runs the National Center for PTSD, which has a website that offers access to the PTSD Coach Online, PTSD Coach mobile app, an online video gallery of veterans discussing the disorder and its treatments and continuing education opportunities for health care providers, among other useful materials.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com or call 800.693.4800

The resolution recognizes that PTSD is undertreated and underreported due to stigma and a lack of awareness. Iraq and Afghanistan Veterans of America says the disorder affects an estimated 20 percent of post-9/11 veterans, while the VA reports that Vietnam veterans have “high lifetime rates of PTSD ranging from 10 to 31 percent.”

The goal of this year’s campaign is to help veterans, their caregivers, families and members of the veteran and military community to learn about the PTSD treatment options available to help improve and save lives. The campaign also emphasizes the importance of recognizing the signs and symptoms of PTSD, which can sometimes be hard to detect. If left untreated, PTSD can lead to homelessness, depression and even suicide.

“Raising PTSD awareness is essential to overcoming the myth, misinformation and stigma that too often prevents veterans from seeking help . . . We encourage everyone to join us in this important effort to share important information about PTSD and help veterans receive care they need,” said VA secretary Robert A. McDonald.

Online resources for raising PTSD awareness are a major focus of the 2015 campaign. The VA runs the National Center for PTSD, which has a website that offers access to the PTSD Coach Online, PTSD Coach mobile app, an online video gallery of veterans discussing the disorder and its treatments and continuing education opportunities for health care providers, among other useful materials.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The VA developed a plan a decade ago for the medical center to replace old, congested facilities for around 400,000 veterans in Colorado and nearby states.

The cost of the 184-bed hospital has now ballooned to $1.73 billion, making it one of the most expensive projects in the department’s history. The mounting costs are attributed to poor planning and mismanaged construction by the VA, among other reasons.

Threats of a shutdown have loomed over the project due to lack of money. Congress passed a short-term emergency funding bill on June 12 to continue work on the hospital until the end of September, allowing the VA to re-route $150 million to the project from within the agency’s own 2015 budget.

The VA has yet to work out a long-term funding solution as the facility still requires millions of more dollars. It is likely to be completed in 2017.

“The VA’s mismanagement of this project is inexcusable, and we intend on holding those responsible for the mistakes accountable . . . Our veterans should not suffer for the VA’s mistakes,” U.S. Representative Mike Coffman, R-Aurora, said in a statement.

Congress had rejected the VA’s earlier suggestion to cover costs by taking money from the Veterans Choice Program, which allows veterans to see private doctors after lengthy waits for medical care at VA facilities.

The project highlights the need to make the VA, one of the government’s most heavily funded departments with a budget of $160 billion, more accountable for how it undertakes construction projects and fulfills its main responsibility of providing health care to veterans.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The aim of this program is to put the roughly 50,000 homeless veterans to work. In order to do so, the VA plans to employ Community Employment Coordinators (CECs) at all VA medical centers in the country. With the help of CECs, veterans will be paired with community employers who can find them jobs. Once employed, the CECs will provide resources to the veterans which will help them succeed in their field.

The HVCES program compliments existing efforts to end veteran homelessness which provide vets a place to live. By implementing a Housing First approach, the US has been able to reduce the number of homeless vets by 33%.

After having a place to live, the next step for veterans is to find a job. This is where HVCES comes in. Having cash in your pocket is not the only benefit of having a job for veterans. The VA believes a job can give veterans improved quality of life, self-esteem, independence, and social skills.

If the government remains focused on solving the homeless-veteran problem, 0% Veteran-homelessness is a real possibility. These servicemen and women are strong, hardworking, and skilled. All they need is an employer to give them a chance to prove it and allow them to get back on track.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The Veteran Affairs (VA) recently published a report that analyzed female veteran suicides over a span of 11 years. The results revealed that they commit suicide at nearly six times the rate of nonveterans.

When broken down by age group, female veterans aged 18 to 29 commit suicide at 12 times the rate of nonveterans. This means that the younger female veterans are committing suicide at twice the rate of the overall female veteran population.  VA researchers could not offer a definitive cause of these troubling statistics, but did offer potential explanations.

The first of which uses another issue among the female veteran population to explain the suicide rate, sexual assault. It is estimated that 23% of women in the military have experienced unwanted sexual contact, 10% of which involve rape. The prolonged distress associated with experiences of sexual assault can lead an individual to develop depression and other psychological illnesses. Ultimately, the victim may take her life.

The second explanation attempted to account for the disproportionately high rate among female veterans in comparison to women overall. Usually, women tend to use pills or other methods besides a firearm when attempting suicide. Such attempts are less lethal than a firearm and result in less successful attempts.

According to government surveys female veterans are more likely than other women to have guns according to government surveys, and thus use them in suicide attempts more often than other women.

Experts also believe soldier’s backgrounds may account for the suicide rate. Previous research showed that men and women who join the military are more likely to have endured difficult childhoods. Since women have only served in the military on a voluntary basis, their damaging childhood experiences may be the reason for taking their own lives in addition to their initial choice to enlist.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

by Thomas D. Begley, Jr., CELA

There are five ways to pay for long-term care:

• Private Pay. The patient or resident simply signs a monthly check.

• Long-Term Care Insurance. Long-term care insurance is the best way to pay for long-term care, but only about 8% of the American population has long-term care insurance. Once someone has a diagnosis of Alzheimer’s, they will no longer be medically eligible for long-term care insurance. Financial Advisors and Attorneys should encourage their clients to purchase long-term care insurance while they are in their 50s. The premiums are less expensive and the client is likely to pass medical underwriting at that time.

• Medicare. Medicare pays very little for Alzheimer’s patients because Medicare only pays for skilled care. Generally, Alzheimer’s patients only require custodial care.

• Veterans Benefits. Certain Veterans and spouses of those Veterans are eligible for Veterans benefits that include federal VA nursing homes, Veterans Aid and Attendance benefits, and state VA benefits. Veterans Aid and Attendance is a monthly check that varies depending on family situation and financial situation as well as the type of service performed by the Veteran.

• Medicaid pays for 40% of long-term care in the United States. Basically, there are four tests for Medicaid eligibility: (1) a medical test, (2) income, (3) transfer of asset test, and (4) resource limits. There is a five-year lookback for Medicaid transfer of assets, so planning should be done long in advance.

The bulk of the funding – just under $1 million – will go to the Michigan State Housing Development Authority and the John D. Dingell VA Medical Center, located in Detroit.

The Ann Arbor Housing Commission, Kent County Housing Commission, and Lansing Housing Commission, along with VA health care facilities in those locations, will each receive $100,000 or more.

The funding is part of the VA’s Supportive Housing program, which combines vouchers for rental housing with clinical services and case management.

Michigan’s US senators, Debbie Stabenow and Gary Peters, announced the allocation in a statement that stressed the sacrifice U.S. soldiers make and the importance of helping them secure permanent housing and adequate health care.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The Veterans Choice Program allows eligible veterans to receive health care outside the VA system. One of the criteria for eligibility is living more than 40 miles from the closest VA health care facility.

Previously, this distance was calculated as a straight line between a veteran’s residence and the facility. Effective immediately, driving distance will be the determining factor instead of straight-line distance. According to the VA, nearly twice as many veterans now qualify for the program.

Being that the purpose of the program is to alleviate the burden of veterans who may live far from VA health care facilities, it makes a lot of sense to use driving distance to determine eligibility. This simple rule change will significantly increase the health care access of a huge number of veterans. We at Legal Help for Veterans applaud the VA for this significant and very beneficial change in policy.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The deputy assistant secretary, Jan Frye, said that “gross mismanagement” by senior VA officials has caused billions of dollars to be wasted, which has resulted in making a “mockery” of federal laws concerning the purchase of goods and services. Frye made her remarks to the House Veterans Affairs subcommittee on oversight and investigations.

“I can state without reservation that VA has and continues to waste millions of dollars by paying excessive prices for goods and services due to breaches of federal laws,” Frye said to the House subcommittee.

Frye first raised concerns over the issues she discussed with the House subcommittee in a 35-page memo to VA Secretary Robert McDonald earlier this year.

Total VA requested funding for the 2015 fiscal year stood at $163.9 billion, according to the VA. The 2015 figure represents a nearly 68 percent increase from 2009.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Selling the Home with VA Benefits

VA Benefit, but are concerned about what to do with the home.

The typical scenario is that mom was living on her own.  She breaks her hip.  Goes into the hospital, is discharged to a nursing home for rehab, covered by Medicare.  Then from the nursing home the family scrambles to find where she should go, because she can’t go home.

The family decides on an assisted living for mom’s long-term care.  At this point, with mom paying $3,000 per month in long-term care costs, the family struggles to find ways to pay for long-term care.  They discover the little known VA Benefit that can help pay for long-term care for a surviving spouse.  This year that benefit would be $1,149 per month.

However, the VA Benefit has an asset test and the home is an exempt asset so it doesn’t count towards the asset test.  But if mom qualifies for the VA Benefit, without any planning, then she has less than $30,000 in her name.  As the assets dwindle covering the short fall they look to sell their home.

Wouldn’t Selling the Home Disqualify Mom from her VA Benefits

Wouldn’t selling the home disqualify mom from the VA Benefit?  Not if the family takes legal steps to protect the VA Benefit.  The family, prior to sale, would consult with a VA elder law attorney who would then create a Veterans Asset Protection Trust and deed the home to the trust.  Once the home is deeded to the trust, the home could be sold, and the proceeds of the sale would be available to help pay for mom’s long-term care in her assisted living.

Another Benefit of Placing the Home in a Veterans Asset Protection Trust

Not only would mom be able to maintain her VA Benefit as a surviving spouse of a veteran, she would also be able to protect the proceeds of the home from Medicaid or Nursing Home spend-down.  The assets in a Veterans Asset Protection Trust do not count towards the Medicaid asset limit of $2,000, assuming mom makes it long enough without needing Medicaid.

This means that mom, if she needs nursing home level care can qualify for Medicaid to have Medicaid pay her base level of care, while having a pot of resources in her trust to improve her quality of life and pay for additional services.

Next Steps to Protect the Home

If you have a loved one who needs long-term care, could qualify for the VA benefit, and want to sell the home–but are afraid to because of a loss of VA Benefits, then give us a call (888) 390-4360.  The Elder Care Firm is the only law firm in Livingston County with a  VA Accredited Certified Elder Law Attorney.

The post How to Sell a House and Protect Your VA Benefits appeared first on The Elder Care Firm.

Selling the Home with VA Benefits

VA Benefit, but are concerned about what to do with the home.

The typical scenario is that mom was living on her own.  She breaks her hip.  Goes into the hospital, is discharged to a nursing home for rehab, covered by Medicare.  Then from the nursing home the family scrambles to find where she should go, because she can’t go home.

The family decides on an assisted living for mom’s long-term care.  At this point, with mom paying $3,000 per month in long-term care costs, the family struggles to find ways to pay for long-term care.  They discover the little known VA Benefit that can help pay for long-term care for a surviving spouse.  This year that benefit would be $1,149 per month.

However, the VA Benefit has an asset test and the home is an exempt asset so it doesn’t count towards the asset test.  But if mom qualifies for the VA Benefit, without any planning, then she has less than $30,000 in her name.  As the assets dwindle covering the short fall they look to sell their home.

Wouldn’t Selling the Home Disqualify Mom from her VA Benefits

Wouldn’t selling the home disqualify mom from the VA Benefit?  Not if the family takes legal steps to protect the VA Benefit.  The family, prior to sale, would consult with a VA elder law attorney who would then create a Veterans Asset Protection Trust and deed the home to the trust.  Once the home is deeded to the trust, the home could be sold, and the proceeds of the sale would be available to help pay for mom’s long-term care in her assisted living.

Another Benefit of Placing the Home in a Veterans Asset Protection Trust

Not only would mom be able to maintain her VA Benefit as a surviving spouse of a veteran, she would also be able to protect the proceeds of the home from Medicaid or Nursing Home spend-down.  The assets in a Veterans Asset Protection Trust do not count towards the Medicaid asset limit of $2,000, assuming mom makes it long enough without needing Medicaid.

This means that mom, if she needs nursing home level care can qualify for Medicaid to have Medicaid pay her base level of care, while having a pot of resources in her trust to improve her quality of life and pay for additional services.

Next Steps to Protect the Home

If you have a loved one who needs long-term care, could qualify for the VA benefit, and want to sell the home–but are afraid to because of a loss of VA Benefits, then give us a call (888) 390-4360.  The Elder Care Firm is the only law firm in Livingston County with a  VA Accredited Certified Elder Law Attorney.

The post How to Sell a House and Protect Your VA Benefits appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

There are clear improper treatment procedures ranging from overprescribing of psychiatric medications and pain killers, overlooking cases of cancer among numerous patients, and even patients being set on fire during surgery mishaps. Yes, this really did happen.

The reports outline construction overspending exceeding over $1 Billion, prevalence of off-the-books appointment wait lists, and claims of whistleblower intimidation. The failure to release these problem-ridden reports confirms lawmaker’s criticism of the lack of transparency of the VA.

In addition, Lawmakers agree that there is an issue of accountability within the VA. Currently, the VA has self-correcting disciplinary procedures which allow them to avoid reform and strict reprimands. One such example comes from the Veterans Hospital in Florida where a physician who was found to be prescribing significantly high rates of controlled substances was not faced with any reprimands. Instead, he was counseled for 2 years by his supervisors on safer prescribing practices, which the inspector general found to “not result in changes to his prescribing practices.”

The VA’s tendency to conceal these reports from the public as long as possible goes to show that there needs to be continued reform and additional oversight by Congressional committees.

To read more on this story, visit http://www.militarytimes.com/story/military/benefits/health-care/2015/05/17/veterans-affairs-inspector-general-reports/27302011/.

If you believe that you have been harmed by a government employee at the VA while receiving medical treatment, or need help with your VA disability claim or approval, contact Legal Help for Veterans to preserve your rights.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Student veterans have access to expert advice from the VA about the best ways in which to use the benefits that are available to them. The counselors provide assistance on a range of issues, including applying for education benefits, filing service-related claims and helping them understand the nature of the benefits they have.

Navy veteran Reginald Rogers and Brett Haddow, who was in the Air Force, interact with veterans to answer questions and offer step-by-step guidance. They also work with their children and spouses.

Rogers is keen to ensure that veterans are not wasting their benefits. He also deals with the frustration often experienced by veterans who are struggling to get in touch with the VA or find information about their services.

The areas the counselors cover include Washtenaw Community College, Schoolcraft College, Kalamazoo Valley Community College, Eastern Michigan University, Western Michigan University and the University of Michigan, among others.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

From the 1950s to 1987, some 750,000 people were exposed to polluted drinking water, which contained harmful chemicals from spills, a dump site on the base, and leaking underground storage tanks on base and an off-base dry cleaner.

At the community forum, representatives from the Agency for Toxic Substance and Disease Registry (ATSDR) were on hand to discuss the outcomes of four studies that were conducted to examine the impact of exposure to the contaminated drinking water.

A VA official outlined for the audience what conditions need to be met to qualify for the registry:

• You must have lived at Camp Lejeune for at least 30 days between August 1953 and 1987.
• You must be a dependent of a service member who was stationed at Camp Lejeune during that time period.
• And you must have one of the 15 conditions listed by the VA as being associated with Camp Lejeune.

Learn more and find information on how to apply for benefits at the VA’s website:

http://benefits.va.gov/compensation/claims-postservice-exposures-camp_lejeune_water.asp

ATSDR and VA representatives also fielded questions from attendees, many of whom shared tragic stories of infant deaths, cancers, and other diseases.

Many people, like Neil Wilson, one of the forum attendees, lived at Camp Lejeune as children. Wilson was in attendance to get information for his family, who because of exposure to the contaminated drinking water have a range of health problems. His mother gave birth to seven of his nine siblings while stationed at the base. He learned of the exposure’s connection to his family after his brother was diagnosed with a heart problem.

“I have family members dying before me. They want answers,” Wilson said. “I’ve been following this for a number of years and I came today to get them answers, but I’m not too hopeful. I have to be a spokesperson for my family.”

The ATSDR and VA representatives hoped to share new information from recent studies on Camp Lejeune and tell people how to apply. You can also read our blog from last October when the VA announced Camp Lejeune victims would receive financial aid:
http://www.legalhelpforveterans.com/2014/10/camp-lejeune-toxic-water-victims-to-receive-financial-relief-va-announces/

Read more on the forum here:
http://www.jdnews.com/news/military/veterans-families-attend-meeting-on-water-contamination-1.477296?page=0

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

But now, the waiting game is almost over as VA Secretary Robert McDonald said he plans to make an announcement in the coming weeks about health care benefits for the crews who flew C-123 aircraft. Many of those planes were used during Vietnam to pray Agent Orange over the countryside, and they continued to be used after the war.

Multiple Air National Guard units used these reserve planes in various states across the U.S.

Up until January of this year, there was some uncertainty as to whether reservists had, in fact, been exposed to the herbicide. But an Institute of Medicine study released in January challenged that uncertainty.

The Institute of Medicine researchers wrote, “It is plausible that, at least in some cases … the reservists’ exposure exceeded health guidelines for workers in enclosed settings.”

Therefore, the report continues, some reservists likely experienced “non-trivial” increases in their risks for certain diseases. These findings bolster an earlier 2012 report by the Agency for Toxic Substance and Disease Registry that these individuals’ levels of exposure to dioxin were 182 times higher than safe amounts.

However, it was four years ago when Retired Air Force Major Wesley Carter started requesting documents through the Freedom of Information Act (FOIA) after he and some fellow reservists were diagnosed with multiple cancers, heart disease, and other Agent Orange-associated illnesses.

Since then, the reservists have been battling the VA to receive the same benefits as those who served in Vietnam. After a few delays, it appears that will finally happen.

At Legal Help For Veterans, PLLC, we focus exclusively on veterans’ rights. If you are a veteran looking to get the benefits that you deserve, call us today at 1-800-693-4800. We handle a variety of claims, including Agent Orange and other service-connected injuries. www.LegalHelpForVeterans.com

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Michigan estate planning and elder law news brief.

In 2014, Congress proposed a law that would penalize veterans and surviving spouses of veterans who were looking to apply for the VA Benefit if they transfered assets within the three year period from when they applied for benefits.  If the veteran or surviving spouse did transfer assets, there would be a penalty imposed on the veteran or surviving spouse.

However, that bill failed and never saw the light of day.

VA Benefits Proposed Rule Change in 2015

In early 2015, the VA took another route to get the “3 Year Look-back” rule implemented.  Instead of a change in law through Congress, they looked to change the administrative rules.

With that goal in mind in early 2015 they made a proposed rule change that would implement a 3 year look-back.  There was a comment period that closed March 24th.  There were over 800 people who made comment, including many elder law lawyers.

However, once the comment period closed.  We heard nothing.  Until now….

Chalk this up to VA Benefits gossip if you wish, but it’s something.

An email from a VA official to an elder law attorney colleague of mine.

VA Benefit 3 Year Look-Back Implemented in the End of Fiscal Year 2016

According to the email from the VA official, the new VA rule will be implemented in the end of fiscal year 2016.  There are still many questions out there…for example will the rule grandfather in prior planning?  Who knows.  But for now, we keep moving ahead, because these are just rumors.  But where there’s smoke, there’s fire.

Here is a summary of the proposed rule:

The Department of Veterans Affairs (VA) proposes to amend its regulations governing entitlement to VA pension to maintain the integrity of the pension program and to implement recent statutory changes. The proposed regulations would establish new requirements pertaining to the evaluation of net worth and asset transfers for pension purposes and would identify those medical expenses that may be deducted from countable income for VA’s needs-based benefit programs. The intended effect of these changes is to respond to recent recommendations made by the Government Accountability Office (GAO), to maintain the integrity of VA’s needs-based benefit programs, and to clarify and address issues necessary for the consistent adjudication of pension and parents’ dependency and indemnity compensation claims. We also propose to implement statutory changes pertaining to certain pension beneficiaries who receive Medicaid-covered nursing home care, as well as a statutory income exclusion for certain disabled veterans and a non-statutory income exclusion pertaining to annuities.

The post VA Benefit 3 Year Look Back Implemented in 2016 appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

The Veterans of Foreign Wars (VFW) and the Disabled American Veterans (DAV) filed a join lawsuit on May 6 against the VA to force it to change its submission procedure for new claims. The procedure, says the VFW, was created solely to benefit the VA and not veterans.

The primary issue is that the VA eliminated the informal claims process, according to William Bradshaw, VFW’s director of National Veterans Service. Previously, any form of written communication would have served notice on the VA that within one year the veteran would be filing a claim for disability compensation.

In March, the procedure changed to require all veterans to use standardized forms, which complicates the process for veterans, many of whom don’t have access to computers to get the forms. Therefore, this delay essentially postpones the effective date and denies compensation to veterans.

“The VFW doesn’t oppose the use of standardized forms,” said Bradshaw. “Our opposition is to this all or nothing approach that VA is forcing on veterans — changes, that if left in place, will guarantee in this year alone that tens of thousands of service-connected wounded, ill and injured veterans will be denied benefits they were entitled to before the change became effective.”

This change in procedure has been in the VA pipeline since October 2013, at which time the VFW and DAV fought against the proposed change. Now, with it in effect, the two organizations have teamed up again, this time to file a joint lawsuit against the VA.

There appears to be no reason given as to why the VA couldn’t accept both informal claims and the standardized forms. The lawsuit alleges that the elimination of informal claims unduly harms veterans and reduces veterans benefits, which is unlawful as it goes against the “non-adversarial, pro-veteran principles upon which the veterans benefits system is built.”

You can read the full lawsuit complaint here:

http://www.vfw.org/uploadedFiles/VFWorg/News_and_Events/Articles/2015_Articles/VFWPetitionforReview2015.pdf

At Legal Help For Veterans, PLLC, we focus exclusively on veterans’ rights. If you are a veteran looking to get the benefits that you deserve, call us today at 1-800-693-4800. We handle a variety of claims for service-connected injuries. www.LegalHelpForVeterans.com

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Last month President Obama announced a proposed $168.8 billion budget for the Department of Veterans Affairs (VA) in 2016, representing a 7.5 percent increase in discretionary spending. Among many other veterans benefits, the additional funding will focus on electronic medical records and other technology improvements, mental health treatments, medical and prosthetic research, long-term care and telehealth. Here are a few highlights of the proposed budget.

Improved Health Care

A large portion of the VA budget, $63.2 billion, will focus on improving the medical care provided to veterans, including $446 million for improved women’s services alone. The main categories that will receive additional funding are mental health, prosthetics, spinal cord injuries, traumatic brain injuries, readjustment counseling and long-term care. The Department of Defense refers to traumatic brain injury as one of the signature injuries of troops wounded in Afghanistan and Iraq. Additionally, a study recently published in JAMA Psychiatry found the rate of mental illness among soldiers to be much higher than civilians. In fact, 25 percent of the 5,500 soldiers surveyed tested positive for at least one mental disorder, and 11 percent of those had more than one mental illness, including post-traumatic stress disorder and military sexual trauma. Clearly, both physical and mental health issues are a priority.

The budget also includes funding through the Veterans Choice Act. This legislation provides funding to hire more staff and physicians to handle the medical needs of veterans. Additionally, it allows for $10 billion in funding that establishes The Veterans Choice Program, an initiative that allows eligible veterans to use health care providers outside the VA system if wait-time or distance prevents them from receiving timely care.

More Access

A huge complaint among veterans is simply getting an answer or finding information about their benefits. The VA is increasing access to health care in numerous ways. $4.1 billion will be solely dedicated to information technology, including improving infrastructure, modernizing electronic health records and providing improved online access to benefit information. $86.6 million is earmarked to improve the online application process and provide more call center agents. Another $1.2 billion will support telehealth funding, a program specifically for veterans in rural or remote locations. Over $1.6 billion will support new construction projects and enhanced health care facilities.

Burial and Memorial Benefits

Sadly, a large part of the VA’s responsibilities include taking care of the memorial and burial services of our veterans. The new budget contains $266.2 million for the National Cemetery Administration (NCA). In addition to maintaining existing military cemeteries, the funding will allow for two new national cemeteries in 2015, in Cape Canaveral and Tallahassee, Florida, and a third in 2016 in Omaha, Nebraska. The NCA maintains 3.6 million gravesites and estimates handling more than 129,000 interments each year.

Preventing Homelessness

Veteran homelessness is a huge priority of this budget. A total of $1.4 billion will support programs to prevent homelessness among the veteran population. This includes supportive services, such as HUD’s housing voucher program, and $201 million in grants will go to community organizations that provide temporary housing for homeless veterans.

The VA is one of the largest health care systems in the U.S., with 9.4 million enrollees. Services include health insurance, life insurance, disability compensation, pensions and survivor benefits to another 5.2 million beneficiaries, education assistance, vocational rehabilitation, mortgage guaranties, burial benefits and numerous other areas of assistance. However, it’s estimated that 25 million veterans actually quality for benefits. That’s a huge gap between those that quality and those that are receiving. Many, especially the elderly, are not aware of the many benefits available, including long-term care, home health care, assisted living and nursing home costs. The Elder Care Firm is accredited by the Department of Veterans Affairs. Let our professionals ensure you are getting the benefits you deserve. Contact us for a consultation.

The post 2016 VA Budget to Strengthen Veterans Benefits appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

And so more problems for our veterans continued to fester without proper oversight, leaving those who have served our country out to dry.

It is unknown how many of the investigations uncovered serious or dangerous problems as the reports have not been read or analyzed yet, but all of them concerned VA medical care provided to veterans or complaints of clinical misconduct.

The VA inspector general said they could not provide specifics for the apparent lack of transparency, as the inspector general has not analyzed the reports in full.

Catherine Gromek, the VA inspector general, advised requesting the reports under the Freedom of Information Act. USA Today submitted a request in January for 23 reports. Her office has maintained that officials are “working diligently” to fulfill the request.

The inspector general’s office noted that, in general, reports may not be released if allegations are unsubstantiated and disclosing them could damage someone’s reputation, when there is a pending lawsuit or when subjects of investigations are no longer working at the VA.

Officials from the inspector general’s office did review 26 reports withheld from the public since January 2014 and found less than half — 46% — involved unsubstantiated allegations. They said in 42% of the cases, inspectors determined VA officials had already addressed their concerns so a public report was unnecessary. One was the subject of a pending lawsuit.

However, these statistics and reasons for lack of transparency do not satisfy the many veterans and their families who continue to suffer through poor care, long waits, and a bevy of other issues at VA medical centers. And they should not satisfy the public either.

Read USA Today’s full report on the issue here:
http://www.usatoday.com/story/news/politics/2015/03/08/probes-of-veterans-health-care-often-not-released-to-public/24525109/

At Legal Help For Veterans, PLLC, we focus exclusively on veterans’ rights. If you are a veteran looking to get the benefits that you deserve, call us today at 1-800-693-4800. We handle a variety of claims, including PTSD, TBI, and other service-connected injuries. www.LegalHelpForVeterans.com

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The combined maintenance cost for such sites totals above $24 million each year.

Secretary McDonald also pointed out that 1,300 of VA facilities are at least 70 years old and are in dire need of upgrades and new infrastructure.

Business logic would point to the need to close some of these underutilized buildings. In his testimony, Secretary McDonald stated, “”No business would carry such a portfolio. Veterans deserve much better. It’s time to close the VA’s old substandard and underutilized infrastructure.”

However, the political reality is far more complicated. As one Florida representative quipped “We support closing some of the VA facilities…just as long as you don’t close any in Florida.”

Indeed, closures would mean the loss of jobs, angry constituents at home for congressional representatives, and most importantly, reduced services. For similar reasons, lawmakers fought hard in 2012 against the Pentagon’s pleas for base closures.

Two legislative directors of national veterans organizations offered up contrasting viewpoints on the issue.

Ray Kelley, legislative director for the Veterans of Foreign Wars, told Congress that VA shouldn’t be paying for space it isn’t using, but added that any such moves need to be done in a way that doesn’t frighten veterans already concerned about access to VA programs.

Paralyzed Veterans of America National Legislation Director Carl Blake said rather than close buildings, VA should find other ways to use the space. He thinks it’s time for the department to think outside the box, such as opening some of these facilities to homeless veterans.

VA officials have not developed a formal list of facilities to be closed or a plan for how to actually shed the extra space. McDonald said he hopes to work with Congress in the months to come as part of larger conversations about eliminating waste within his department’s budget.

You can read more on this issue at Military Times: http://www.militarytimes.com/story/veterans/2015/02/17/va-brac-proposal/23545103/

But both VA itself and most experts strongly urge veterans to enroll in Medicare. One of the most compelling reasons, cited by Stan Hinden in an article for AARP, is that VA medical coverage is funded by an appropriation from Congress that must be passed each year. As a result, VA does not guarantee benefits in the future, because funding levels may not be sufficient to cover the needs of all veterans. The National Council on Aging agrees that the priorities and funding of VA can change, and that veterans could see the VA benefits they have now decrease in the future.

Veterans who sign up for Medicare will have health coverage for a wider array of medical services, and they will be able to access private doctors and medical facilities. This can become especially important as veterans age and encounter more complex health concerns.

Medicare can also provide vitally necessary coverage in urgent situations. For example, if a veteran is taken to a non-VA hospital ER, Medicare will cover the costs of care. Or, if a veteran is pre-authorized by VA for treatment in a non-VA hospital, Medicare may pay for additional treatments that become necessary but were not expressly authorized by VA.

Low-income veterans may be especially concerned about the cost of Medicare premiums. But Medicare premium assistance programs are available to low-income individuals, including veterans. In Michigan, the Michigan Department of Community Health runs the program that provides premium assistance to Medicare recipients.

Finally, veterans should be aware that Medicare imposes penalties on individuals who sign up after the initial enrollment period. Typically, to avoid penalties, individuals must sign up for Medicare in a seven-month window surrounding their 65th birthday. Individuals who fail to do so, including veterans, will pay higher premiums if they decide to sign up later.

The National Council on Aging offers more information on Medicare for veterans with VA benefits on the website mymedicarematters.org. In addition, many veterans benefits attorneys offer assistance to veterans seeking all of the coverage to which they are entitled.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Chronic Hepatitis C infections can destroy the liver. Eventually, sufferers will require a liver transplant or will die from the disease. The VA is the nation’s single largest care provider for Hepatitis C, with 174,000 veterans currently documented as having the virus and as many as 42,000 undocumented cases.

In July, the VA gave the Senate Veterans Affairs Committee a $17.6 billion wishlist of resources. At that time, VA officials stated that the high cost of Sovaldi was cutting into their resources. Congress approved the new funding, but none of the funding was specifically earmarked for Sovaldi.

Sovaldi was developed by Gilead Sciences and approved by the Food and Drug Administration last year.

The drug cures 90 percent of Hepatitis C cases. Patients who are cured of the disease no longer carry the virus or show symptoms, making it by far the most effective treatment available.

But the cure comes at a high cost. Each pill costs $1,000, with a full 12-week course clocking in at $84,000. If all 3.2 million Americans with Hepatitis C were treated, the total cost of treatment would exceed the amount that the United States currently spends on all drugs.

Sovaldi may be at the frontline of a new trend of specialty drugs that provide dramatic results for specific illnesses but come with huge, perhaps uncarryable, costs. Experts worry that Sovaldi and other drugs could eventually strain Medicaid, Medicare and the prison system, as well as the VA.

In the fiscal year that ended on September 30, the VA spent $220 million on Sovaldi. The agency was able to negotiate the price of one tablet down to $543 from $1,000.

Gilead recently came under investigation by the Senate Finance Committee, which inquired as to how Gilead came to set the high price of the drug. Gilead blamed the high price on the amount it spent developing the drug.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Knapp offers her support and time to veterans who need someone to talk to about their emotional, physical and economic problems. She has helped veterans from every war since World War II, right up to veterans of the recent wars in Iraq and Afghanistan.

Knapp told the Battle Creek Enquirer, “They’re a younger bunch now, but they’re all so appreciative, and they all want some link with family and community. I try to give them that.”

The 72-year-old has strong ties to the military: her late husband, her father, her grandfather, two sons and a brother all served in the military.

Knapp was awarded the 2014 American Association of Retired Persons Andrus Award for Community Service for her work at the VA and the Comstock Community Center. She was presented with the award in an AARP ceremony on November 1 in Grand Rapids.

Over the course of her three-and-a-half decades volunteering at the VA, Knapp has logged 2,426 hours. She is known for planning monthly parties, as well as a Las Vegas Day in February and a Christmas in July party.

Knapp and her husband started volunteering with veterans at the VFW Auxiliary 6252 in Comstock back in 1979, where she was made auxiliary chairman. Two years later, she started volunteering at the Battle Creek VA.

Knapp lives in Kalamazoo. In addition to volunteering once a week at the Battle Creek VA, she raises money for veterans’ programs, teaches Sunday School and coordinates the holiday food basket program at the Comstock Community Center.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Family members stated that the patient was Roland Mayo, 65. Mayo was a Vietnam veteran and a former Riverside County deputy sheriff and marshal.

According to Mayo’s daughter, he was admitted to the hospital on October 8 to have a stent replaced in his carotid artery. Complications from prior cancer surgery required a second operation.

Following the surgery, Mayo seemed to be doing well. However, he later began vomiting, then choked on the vomit, resulting in his death.

Following an anonymous tip to Sacramento’s News10, the VA confirmed that a DNR band was incorrectly placed on Mayo’s arm. The VA stated when the patient went into distress, the code response team reviewed the chart and found that Mayo was not actually DNR. According to the VA, the incorrectly placed armband did not impact the response, and Mayo received appropriate resuscitative efforts.

The incident comes after an onslaught of VA scandals this year, including the revelation that thousands of veterans have faced months-long waits for their medical care.

According to a recent report by Senator Tom Coburn of Oklahoma, poor care in the VA system is deadly. Up to 1,000 veterans have lost their lives because of VA treatment since the beginning of the wars in Iraq and Afghanistan. The pervasive malpractice also takes an economic toll and has cost taxpayers close to $1 billion in settlements.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

These are the final common symptoms on my list.  They seem unrelated, but they’re all related to a change in the senses.

Balance & Dizziness Issues.  Unfortunately, many  of you may experience balance or dizziness issues following your brain injury.  These are very common symptoms of brain injuries and sometimes they can be severe.  Some with brain injuries can feel the immediate problems, but tests can help make the diagnoses.  (With my son’s concussion, he appeared healed and ready to return to baseball until his medical provider ran balance tests on him, which revealed he was still experiencing significant problems despite seeming normal.)  For persons with severe cases of balance and dizziness issues, the person can undergo vestibular therapy that can help fight these symptoms.

Smelling & Tasting.  Oddly enough, many victims of brain injuries experience problems with their sense of smell and taste.  These can run the gamut from completely losing the ability to smell or taste, to a decreased ability to do both, to always experiencing a foul or unpleasant taste or smell.  Unfortunately, there is little that can be done in many of these cases.

Hearing.  Some studies suggest that between 48 and 74% of all people who sustain head trauma will have some type of hearing loss.  These losses could be caused by actual damage to the hearing system (ear canal, etc.) to neurologic problems that are a result of damage to the brain itself.  The treatment options obviously change based on the type and severity of the injury sustained.

Vision.  Recent studies at some VA hospitals have found that more than 74% of the patients with brain injuries had vision problems.  There can be a number of different causes of vision problems.  There can also be a number of different treatment options ranging from waiting, to patching one of your eyes, to vision therapy, to surgery.

Pop the Champagne for bureaucratic progress!

It should be noted, the Department currently uses at least nine maps of the US, which divides the country into dozens of regional networks and administrative duties for its hundreds of programs.

Later this year, all VA agencies will be on the same page, looking at the same map, coordinating efforts along the newly drawn five regions to allow veterans a single point of entry for a host of office offerings.

However, VA officials skimmed past specific details on what they called “the biggest organizational change in VA history,” but said the work will not immediately mean cuts to the 340,000-plus workforce.

The new VA Secretary, Bob McDonald, has touted the MyVA program as an overall push to improve customer service toward veterans by trimming layers of bureaucratic waste and duplication, which has caused many a veteran headaches.

To its credit, the program has improved signage at hospitals and given more independent authority to call center operators on veterans benefits issues. The map change, officials said, could potentially improve communication and coordination between offices that previously had little interaction, creating more one-stop shops for veterans.

But don’t hold your breath quite yet, as details on exactly how this change will all play out won’t be decided for months. (Agreeing on one map was hard enough.)

The Regional Offices, which oversee benefits processing, home loan awards, and health care services, among other items, will each have to decide how to realign their operations in light of the new map.

On a briefing call earlier this week, VA officials said the map announcement was intended to provide an update on the overall MyVA simplification efforts and to reassure veterans that work is taking place.

Secretary McDonald said in a statement that this is the “first step in empowering veterans to interact with one VA” and a way to “improve the veteran experience by enabling veterans to more easily … access their earned care and benefits.”

VA expects to have plans in place to ensure their structures are aligned within the new map by the end of June.

Read more on this story in the Military Times:

http://www.militarytimes.com/story/military/benefits/veterans/2015/01/26/myva-new-map-simplify-regions/22358125/

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

According to the report, female veterans are more likely to be unemployed than male veterans or non-veteran women. They are more likely to be homeless than non-veteran women. In addition, fewer resources are available to women who need basic health care, PTSD treatment or treatment for military sexual trauma.

Nearly 300,000 women served in the Afghanistan and Iraq wars after 9/11. In 2014, women represented 14.5 percent of active duty service members and 18 percent of reserve members, rates which are expected to increase in the future. Currently, 10.3 percent of all veterans are women.

The study found that female veterans received only 6 percent of domiciliary homeless care for veterans and of grant and per diem programs. They received only 4.4 percent of healthcare support for homeless veterans.

For female veterans, even basic medical care can be a challenge. A third of all Veterans Affairs (VA) medical centers do not employ a gynecologist.

A large proportion of women in the military experience sexual trauma — up to 20 percent of women receiving VA healthcare. However, research shows that many veterans have their military sexual trauma claims denied. Meanwhile, there is a shortage of staff trained to treat this pervasive problem.

At the same time, women also suffer from issues that are common to all veterans, such as increased rates of mental health problems and systemic difficulties in receiving much-needed services.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

New Proposed Rule for VA Benefit Planning for Long-term Care

On January 23rd, the Federal Register released Document No. 2015-00297. So, what does that mean?  You haven’t read it?  I don’t blame you.  However, if you’re involved in the elder care or long-term care community in Michigan you might want to check it out.

The document is an unexpected rule proposal by the VA regarding net worth determinations, asset transfers and income exclusions for VA pension eligibility (Aid and Attendance).

It’s a 62 page document, but basically, the VA has stated that it was their intent to “respond to recent recommendations made by the Government Accountability Office (GAO) to maintain the integrity of VA’s needs based benefit programs and to clarify issues necessary for consistent administration of pension claims.

The New Rules for VA Benefit Planning?

The proposal will establish clear net worth asset limits, linking it to Medicaid type resource allowances. For example, the Community Spousal Resource Allowance used by Medicaid of $119,220. Net worth will be a combination of assets and income with a proposed 36 month look-back period.

The 36 month look back period differs from the Medicaid 60 month look back period.  One key point is how the divestment penalty will work for the VA look back period.  Under the proposed VA look-back rules, there is the possibility of a 10 year look back period.  It’s calculated by looking at the amount transfered and dividing by the maximum monthly pension rate for a veteran or surviving spouse.

What’s Next for VA Aid and Attendance Long-term Care Planning?

The most important thing is that if you have a veteran or surviving spouse of a veteran who needs care, you start the planning process now, before this rule gets imposed–if it does.

Who does the hurt?  Veterans and surviving spouses of veterans who need long-term care.

In the meantime, I’ll stay on this as this could be a huge change in how we plan for long-term care.

Do you have questions—I’ll answer them in the comments below.

The post VA Benefits for Long-Term Care Dead in Michigan? appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

But less than a week later, a sole U.S. senator, Tom Coburn of Oklahoma, placed a hold on the bill, stopping further progress of the bill until after the beginning of the new session of Congress in 2015.

Veterans groups such as Iraq and Afghanistan Veterans of America (IAVA) have expressed outrage over the delay. IAVA points out that on average, 22 veterans commit suicide each day, and that any delay in improving suicide prevention cost lives.

One Michigan veteran, Nicholas Hunt, published an editorial in the Lansing State Journal underlining the need for more suicide prevention resources in Michigan and exhorting Michigan legislators to do more.

In his editorial, Hunt pointed out that in Battle Creek, veterans endure wait time of up to five weeks to see a mental health professional. Hunt argues that all over the state of Michigan, more resources are needed to get psychological support to veterans faster.

Hunt chided Michigan Senator Debbie Stabenow and Representative Tim Walberg for not co-sponsoring the bill. He calls on them both to pursue whatever actions they can to ensure that the bill is passed expediently in 2015.

The act is named for Clay Hunt, a veteran who committed suicide at the age of 28. Hunt, a veteran of Iraq and a Purple Heart recipient, struggled to receive appropriate service connections or care for his post-traumatic stress disorder (PTSD) from the Department of Veterans Affairs (VA). According to IAVA, he was unable to receive personal counseling. And it took 18 months for VA to respond to his appeal of his PTSD rating. VA finally accorded Hunt a 100 percent rating for his PTSD five weeks after he took his own life.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Positive reports surfaced last year on the significant reduction of the Department of Veterans Affairs (VA) backlog in benefits claims – VA workers slashed the backlog by over half to 245,000. VA officials were optimistic on cutting that number to zero by the end of 2015…but now that appears out of reach.

Army Times reports that VA will likely not reach a backlog of zero by the end of 2015, as was their goal. VA workers did set a record of completing over 1.3 million claims last year, but with new claims only continuing to increase it appears zeroing-out the entire backlog in the next eleven months or so is unlikely.

“I think they can get close, but I don’t think they can get to zero,” Jackie Maffucci, the research director for Iraq and Afghanistan Veterans of America, told Army Times last week. “Just looking at the numbers, it’s doubtful.”

To Congress’s credit, they did lend a helping hand to the tune of an additional $40 million in the budget to slash the backlog with digital scanning, more claims processors, and other efforts.

However, Army Times also reported that a new backlog is just around the corner. Appeals have risen steadily from about 245,000 in March 2013 to about 287,000 today. Congress gave VA $11 million to address the increasing appeals as well.

The backlog is based on the number of claims pending for more than 125 days. Last year, VA Undersecretary Allison Hickey indicated that the funding from Congress, which provided for new paperless systems, better training of claims processors, and improved communication systems, did contribute to the decrease from 2013-2014.

In 2014, the backlog reduction was welcome news. It represented a ray of hope that one promise from government – to eliminate the backlog before 2016 – was on track to be fulfilled. Despite this news, that promise still matters.

In comparison to years past, veterans are getting better and faster service (which was a low benchmark to improve upon). If the backlog can’t be cut to zero by the end of the year, let’s hope VA comes close – 125-plus days is a long time to wait for critical health care. And let’s not forget that the service our veterans deserve for sacrificing so much is still not where it needs to be.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

This sexual assault trauma, commonly known as Military Sexual Trauma (MST), is specifically defined as: psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty or active duty for training.

This expansion, which also pertains to Reservists and National Guard members participating in weekend drill, gives the authority to offer veterans the appropriate care and services needed to treat conditions resulting from MST that occurred during a period of inactive duty training.

The expansion is rather timely, especially in light of recent reports of the continued increase in military sexual assault cases, which we at LHFV have discussed frequently on our blog.

Every VA health care facility will have a MST Coordinator who serves as the point person for MST cases. And every VA medical center and community based outpatient clinic offers some MST-related outpatient counseling.

Currently, veterans can receive health care for mental and physical conditions related to MST free of charge. Veterans do not need to have a service-connected disability or seek disability compensation to be eligible for MST-related care.

And, as many who experience sexual harassment or assault have not reported the incidents in the past, it is important to note that veterans do not need to have reported such incidents to the Department of Defense or have documentation or records to support their claims of having experienced such trauma. The responsible VA mental health provider makes a clinical determination as to whether a veteran’s condition is MST-related.

Finally, veterans do not need to enroll in the VA’s health care system to qualify for MST-related treatment, as it is independent of VA’s general treatment authority.

Veterans can learn more about VA’s MST-related services online at:  www.mentalhealth.va.gov/msthome.asp

And you can see video clips with the recovery stories of veterans who have experienced MST at, and learn more at: http://maketheconnection.net/conditions/military-sexual-trauma.

If you have questions about service connected MST and disability compensation, contact us at Legal Help for Veterans.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

At VA, this status is known as Total Disability based on Individual Unemployability (TDIU), also referred to as individual unemployability. With this status, a veteran receives benefits in accordance with a 100 percent disability rating.

Many veterans with employability problems think that they will not qualify for TDIU, but this may not be true. Even veterans who can do some work, or veterans who have a low disability percentage rating from VA, can qualify for TDIU – it just depends on the situation.

In all cases, the inability to work must be related to a service-connected condition. This is the one requirement to which there are no exceptions. But after that, many VA guidelines for the TDIU determination have some flexibility.

Take, for example, the requirement that the veteran be unable to hold a substantially gainful job. What does “substantially gainful” mean? Simply put, it means being able earn a wage above the poverty line. So a veteran who works but, because of his or her disabilities, earns below the poverty line can qualify.

VA also allows some exceptions for marginal or protected employment. If a veteran works for a family member, takes on odd jobs, or works in some other situation that provides accommodations for the disability that go far beyond normal accommodations, the veteran may still qualify. It is wise to consult with a veterans disability lawyer on this point.

The VA disability rating requirement also has some flexibility. The basic requirement states that to qualify for TDIU, a veteran must have at least a 60 percent rating for one service-connected condition, or a combined 70 percent rating for several service-connected conditions. And if the veteran meets the 70 percent requirement for multiple conditions, at least one of those conditions must be rated at 40 percent or more.

But some veterans who are unable to work because of service-connected conditions do not meet those requirements, and as a result, VA will make exceptions on a case-by-case basis. Again, any veteran in this position should consult with a veterans disability attorney to see if the unique circumstances of his or her disability may meet VA standards.

Finally, all veterans should understand that they can qualify for TDIU even if the inability to work comes months or years after the initial disabling condition arises. VA gives the example of a veteran with a service-connected heart condition who works for some time, but then has to stop working because her heart is getting worse. According to VA, this veteran qualifies for TDIU.

All veterans with major employability problems should examine whether they qualify for disability compensation under TDIU. While it is true that VA often looks for reasons to deny these claims, a competent veterans disability attorney can often paint a clearer picture for VA that results in TDIU eligibility.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The pension is designed for veterans and surviving spouses who require help to perform activities of daily living (ADLs), such as dressing, eating, bathing or going to the bathroom. Individuals who are blind or live in a nursing home qualify for the pension.

Aid and Attendance is available to veterans who served for at least 90 days, with at least one of those days occurring during wartime, and to their surviving spouses. The disabilities do not need to be service-related.

To quality, the veteran or surviving spouse must own less than $80,000 in assets, with home and vehicle not included in this calculation. His or her income must also be lower than the Maximum Annual Pension Rate (MAPR), which is currently set at $21,107 for a single veteran. The income calculation does not include welfare benefits, unreimbursed medical expenses that have been paid or Supplemental Security Income.

Even veterans who have an income too high to qualify for a VA pension may qualify for the Aid and Attendance pension, so long as they have high medical costs that are not otherwise reimbursed.

The VA pays the difference between the veteran’s income and the MAPR, so the amount that a person receives from Aid and Attendance depends on his or her income.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

The COLA for 2015 is 1.7%, which means the VA Benefit for 2015 will increase from 2014.

Michigan VA Benefit 2015 award numbers.

 VA Benefit for a Married Veteran for 2015 is $2,120

The VA Benefit for a married veteran in 2015 will be $2,120.  That mean that if a veteran is married and needs home care, assist living or nursing home care in Michigan, then that married veteran can receive up to $2,120 per month to help pay that cost of care.  To qualify as a married veteran, the veteran needs to have served 90 days active duty, one day during a period of conflict, and cannot be dishonorably discharged.  If those requirements are met, then the married veteran needs to be paying more long-term care costs then income coming in from social security or pension.  If you have a family member who is a married veteran that meets those requirements, call our law office, regardless of assets, to see if we can get you qualified for the Michigan veterans benefits for a married veteran.

VA Benefit for a Single Veteran for 2015 $1,789

The VA benefit for a veteran in 2015 will be $1,789 per month, tax free.  The same requirements hold.  That is, the veteran needs to have served 90 days active duty, one day during a period of war, and cannot be dishonorably discharged.  Then the same VA income test applies, more long-term care costs than income from social security or pension.  There’s also an asset test, just like if you were a married veteran, but that’s where we, as a Michigan VA Accredited attorney, come in to walk you through the process necessary to get qualified for your Michigan Veterans benefits.

VA Benefit for a Surviving Spouse of a Veteran in 2015 is $1,149

If you are a surviving spouse of a veteran living in Michigan in 2015, then you can receive up to $1,149 per month to help pay your long-term care costs.  To qualify, the veteran the surviving spouse was married to needs to have served 90 days active duty, one day during a period of conflict and cannot be dishonorably discharged.  If the veteran meets those requirements, then the surviving spouse also needs to have long-term care costs that meet or exceed her income.  If all those requirements are met, then the surviving spouse of a veteran may receive up to $1,149 per month, tax free to pay her long-term care costs.

Do You Need Help With Your Michigan VA Benefits?  Call our Michigan VA Accredited Attorney

Do you need help qualifying for the Michigan VA Benefit?  Give our office a call or submit your information in the contact form on this page and we’ll follow up with you.

The post Michigan VA Benefits for 2015 appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

One of my pet peeves is when Michigan seniors are targeted with inappropriate investments–typically annuities and annuity scam schemes.  In other words, financial elder abuse.  I see it a bunch on the VA benefits side when a family is trying to help a veteran or surviving spouse qualify for the VA Benefit.  There are a ton of organizations that say they will help the veteran for free, but then sell them a high commission, hard to surrender annuity that makes no sense financial for anyone….other than the insurance broker who gets to pocket the 8-12% commission.

I had a client come into my office just in the nick of time, where they were going to move almost a million dollars into one of these ill suited annuities for his elderly father.  The annuity huckster, said that this was the only way dad would get VA benefits and that he had to buy the annuity.  That’s a load of bunk.

I had another client this year who had to pay $18,000 in surrender charges to get out of of one of these types of annuities because he need to pay for nursing home care for his wife.  Again, a Michigan senior sold an inappropriate product by an insurance broker.

Where to Get VA Benefits Information?

The devious part is that often, these insurance peddlers pass them self off as being VA Benefits experts or even worse, they pretend they are associated with the VA.  Many times they will have a VA logo on their card.  This confused not only seniors, but also assisted living communities and independent living communities.

My recommendation is to find a VA Accredited Certified Elder Law Attorney to review any VA Benefits questions that you may have.  A VA Accredited Certified Elder Law Attorney owes you a duty to act in your best interest, versus an insurance broker, who is really just a salesman of insurance products.

Investment Scams Targeting Metro-Detroit

What started this blog post was an article I read in the Wall Street Journal talking about insurance brokers and investment advisors targeting seniors with inappropriate investment products. Read more in the WSJ.com article here.  The article talks about the desperation some brokers go through and how they put their ethics and business on the line to lure seniors.

Fighting Back Against Financial Elder Abuse

Take a look at the article, let me know your thoughts.  If you’re a senior or have a senior loved one who has been taken advantage by a desperate broker (this could be construed as financial elder abuse), contact our office and we may be able to assist you.

Our office has engaged in education against financial elder abuse, where every year we help organize Michigan state wide initiative to provide education across all the senior centers in Michigan warning seniors and their families against this type of practice by desperate brokers and insurance salesman.

The post VA Annuity Scams, Bad Brokers, and Targeting Michigan Seniors appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

The cornerstone of the act is the requirement that VA facilities provide authorization for veterans to seek private medical treatment if a wait time is longer than 30 days or if they live more than 40 miles from a VA facility.

According to Army Times, this provision is especially important because even as recently as July 2014, more than 30,000 veterans nationwide still faced wait times of more than three months.

Nonetheless, experts say that this change will not happen overnight. Ian de Planque, deputy director for the American Legion, told Army Times that he expects full implementation to take up to a year.

In the meantime, VA schedulers are contacting some waitlisted veterans directly to arrange for private medical care. The VA reports that it has contacted more than 260,000 waitlisted veterans nationwide to arrange timely private care.

The act includes a broad array of other requirements. Some relate directly to care — for example, the requirement that treatment for military sexual trauma be improved. The act also extends the existence of a comprehensive treatment program for veterans with mild to severe traumatic brain injury.

In addition, the act provides for a stronger school loan repayment program for medical professionals joining the VA. VA officials have pointed to a lack of medical staff as a leading reason for the wait times and ensuing scandal at the VA.

The act also provides the Secretary of Veterans Affairs much broader authority to fire executives who perform poorly.

Secretary of Veterans Affairs Robert McDonald has set an initial 90-day benchmark to evaluate progress on the implementation of the act.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

This is one of those taboo subjects you just don’t bring up in polite company.  But the reality is we hear from veterans every week about their erectile dysfunction, which can be claimed as a service connected disability in many cases.

As recently reported in the San Diego Union-Tribune:

The topic is blush-inducing, to be sure. But some post-9/11 veterans received frank talk on the subject at a conference for combat veterans in Coronado last week.

“That fiery, playful sex that people have with their partners is a huge, positive buffer to all the other stuff you go through in life,” said U.S. Department of Veterans Affairs psychologist Linda Mona, who runs an intimacy clinic at the VA medical center in Long Beach. …

San Diego County is home to 39,000 Iraq and Afghanistan war veterans — by one measure the largest cluster in the United States. About one in three are likely to suffer from erectile dysfunction or other sexual problems, according to at least two studies of post-9/11 troops.

Among people with combat stress — officially known as post-traumatic stress disorder, or PTSD — the risk of sexual dysfunction is threefold.

In other words, the chance of problems in the bedroom is “ridiculously high” compared to young people who didn’t serve, said Dr. Irwin Goldstein, a urologist and surgeon who directs a monthly sexual medicine clinic at the San Diego VA hospital.

Medication is a factor. By one account, the average number of prescription drugs used by America’s veterans is 17.

Some of those medications, including antidepressants and opiate painkillers, can affect sexual function. Goldstein called most psychiatric drugs “sex unfriendly.”

So if you or your spouse is feeling alone and frustrated take comfort the problem is real and you are not alone.  If you need help sorting out if you have a service connected disability contact us at www.legalhelpforveterans.com.

You can read more about this problem at:
http://www.utsandiego.com/news/2014/oct/11/veterans-sexual-dysfunction-ptsd

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The relief is long-overdue, as victims were promised coverage for their health care costs two years ago when Congress passed the landmark Honoring America’s Veterans and Caring for Camp Lejeune Families Act. Not to mention, the toxic water problem stems all the way back to the mid-1950s.

The 2012 law provided health care for Marines and family members who had lived on the base from 1957 to 1987 and who suffered from any of 15 illnesses named in the law. These included cancer related to the lungs, bladder, breasts, kidneys and esophagus, as well leukemia and problems involving female infertility.

Some 750,000 people were exposed to polluted drinking water, which contained harmful chemicals from spills, a dump site on the base, leaking underground storage tanks on base and an off-base dry cleaner.

With the 2012 law, the VA immediately offered full care for veterans who had been stationed at Camp Lejeune, but it also established a waiting period for their dependents who suffered from covered illnesses to be reimbursed.

The most recent announcement from the VA means they will begin reimbursing family members later this year for health care costs incurred since March 26, 2013 – the date which Congress appropriated the funding.

The VA also planned to release a document about health care services to veterans who were on active duty at the base for at least 30 days in the three-decade period.

The news site McClatchy spoke with two individuals who were affected by the toxic water at Camp Lejeune.  Retired Marine Jerry Ensminger’s 9 year old daughter, Janey, died of leukemia in 1985, and Mike Partain, who was born at the base, has suffered from male breast cancer.

The two led the long fight to get the 2012 law passed, and both said they were dismayed by the delay in individuals receiving this financial relief.

“As far as I’m concerned, so many people have already died. They just keep dragging this thing out,” Ensminger said.

Partain said “institutional apathy and incompetence” were the reasons it took two years to write and approve the regulations for how the law would be administered.

For now, at least, the victims of Camp Lejeune can celebrate a step in the right direction.

Read more on this story on McClatchy DC:
http://www.mcclatchydc.com/2014/09/23/240809/financial-relief-finally-coming.html

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your PTSD, TBI, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, TDIU, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

What makes the study particularly comprehensive is the fact that it followed service members through their adult lives, and it has served to buttress many of the arguments that were made in the wake of the VA’s first analysis on the subject of the mental injuries as a result of war, which was released in 1992. That landmark study surveyed 2,348 Vietnam veterans and ushered in the acceptance of PTSD as a potential consequence of the traumatic experience of military service during a war. (2)

The government’s acknowledgment of PTSD as a plausible downside of experiencing the traumas of war is, perhaps surprisingly, a relatively recent development. While Washington’s acceptance of the condition has legitimized PTSD-linked disability claims, there remain many veterans suffering from PTSD who have yet to avail themselves of the benefits they have earned and could use to help them cope with the disorder.

According to the VA study, a vast majority of veterans with PTSD do learn to cope with the disorder, but most of those who do not — accounting for 11 percent of all Vietnam vets who were surveyed — would have to endure the deleterious effects of PTSD for the rest of their lives. Unfortunately, the study also found that the lives of more than 18 percent of veterans afflicted with PTSD are cut short by retirement age, a percentage that is about double that of those vets not suffering the disorder. (3) The VA’s study has shed more light on how many veterans have been impacted by PTSD and, in the case of many of them, for a long time.  More research on understanding what could be the causes of long-term affliction with PTSD is welcome, but in the meantime there is an immediate need for all vets with PTSD to seek the benefits they are entitled to, regardless of when they served in the armed forces.

www.TampaVeteransLawyer.com

David W. Magann, P.A.

813-657-9175

Source: (1), (2), (3) The New York Times 2014

Perhaps the VA needs to bring in Oscar the Grouch’s Sesame Street neighbor, Count von Count, to give themselves a lesson and count how many veterans have waited far too long to receive the health care and benefits they have earned.

The cranky Sesame Street character who lives in a garbage can was used in reference to veterans who will attend town-hall events Wednesday in Philadelphia. The spokeswoman from the Philadelphia VA benefits office – which will host the town halls – said in a statement that the agency regretted any misunderstanding caused by the slide show.

There’s no clear answer as whether this idea came out of the Philadelphia VA or the national office. But so much for improving customer service to our veterans.

What’s more, the slide show contains a “coping with stress” and four-minute relaxation technique for employees if they feel angry or overwhelmed (by the veterans in attendance at the town ha
lls).

Maybe some of the veterans in attendance would love to know about those “coping with stress” techniques as well, especially as they sit on egregiously long wait lists for care.

The bottom-line throughout all this unfortunate news coming out of the VA is this: those who have sacrificed so much for our country do not deserve to be treated like garbage. They are not grouches. Veterans are not “too demanding” or “unreasonable” when they get upset by the current state of their care. Many have lost trust in the VA.

Instead of slideshows depicting Oscar the Grouch and relaxation techniques for employees, perhaps a presentation on best practices, cutting wait times, and real customer service is in order.

Read more on this issue on Stars & Stripes’ website:  http://www.stripes.com/news/philly-va-training-slides-depicted-veterans-as-oscar-the-grouch-1.300205

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your PTSD, TBI, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, TDIU, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

DOD should know that ALS afflicts US Military Veterans at twice the rate of the civilian population.  The data which VA, ALS, Harvard University and many medical schools have reviewed supports this conclusion.  The reason for the startling medical fact is unknown at this time.

In fact, no one knows why U.S. military veterans are twice as likely to develop ALS than the general population, or why those who deployed during the Gulf War in 1990-91 may be twice as likely to get the disease as other troops. Although it’s still a rare illness, affecting about 30,000 people across the country, it is so devastating to its victims and their families that the Departments of Defense and Veterans Affairs have made a mission out of trying to reduce their suffering.

Read more here: http://www.newsobserver.com/2014/03/08/3682151/more-vets-suffer-from-als-but.html#storylink=cpy

VA will treat ALS as a presumptive disease for veterans disability compensation purposes.  So after viewing the 100^th bucket of cold water being dumped on friends, relatives and celebrities, the challenge is getting a little tedious.   However, it is raising money for necessary medical research.  I just wish that DOD & VA would use this opportunity to let veterans and the general population know that this is a situation that is inflicting our veterans at twice the normal rate.  Did you know that?  Think about that or “paste” the above comment into your Facebook page next time a friend sends you one of those videos.

http://www.armytimes.com/article/20140821/NEWS05/308210042

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The key points in the new package include a $15 billion budget boost to the VA, a “Veterans Choice Card,” and, potentially, leases on 27 new medical centers in fifteen states and Puerto Rico (another $1.27 billion).

The centerpiece of the “Veterans Access, Choice and Accountability Act” (HR 3230) is a $10 billion Veterans Choice Fund. Over the next three years, VA is to use the fund to buy care from non-VA care providers for veterans if they face long waits longer than 30 days for VA care or if they reside more than 40 miles from a VA medical center.

The goal: to eliminate the egregiously long VA patient wait list, which some VA health administrators and staffed conspired to hide in recent years.

Per the request of some VA leaders and veteran service organizations, HR 3230 also authorizes $5 billion for VA to expand its own capacity to deliver care, by hiring more medical and support staff and also building and leasing more space. This $5 billion will be paid for by cuts elsewhere, including cuts to executive bonuses and deferring planned rate cute for certain VA home loans.

However, the “Veterans Choice Card,” which the legislation mandates, is not the golden ticket that it sounds like for veterans seeking outside care. Veterans not already enrolled in VA health care won’t gain accelerated access to outside care as promised by the legislation, unless they serve in areas of combat operations within five years of enrollment.

The choice card will mostly act as an informational insurance card presented to non-VA health care providers to identify the veteran and to verify eligibility for care that, sometime earlier, were arranged through and approved by a VA coordinator.

Also, not all eligible veterans will get to choose their outside provider, and not every outside provider will opt to treat veterans through the VA coordinated care program – even if the vets are existing patients. The issues for outside physicians include the level and timeliness of VA payments. The new legislation does include language seeking to improve VA payment procedures so that payments are timelier.

VA has existing contracts with individual physicians and with pools of private sector providers, and additional similar arrangements are expected. But, VA cannot pay rates higher than Medicare allows, with exceptions possible if care is delivered in rural areas.

Many question marks remain with this legislation and how it might be implemented. It certainly does not represent a cure-all for the VA’s problems, however it does include some near-term action. You can read more on this story in Stars & Stripes: http://www.stripes.com/news/veterans/how-choice-card-and-15b-will-help-veterans-get-care-1.296110

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your PTSD, TBI, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, TDIU, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

A recent report by the Associated Press sheds light on the fact that a stronger commitment to caring for our women veterans is needed.

And just as more and more veterans are coming home from Iraq and Afghanistan, more and more of them are women. Even the head of the VA’s office of women’s health acknowledges that persistent shortcomings remain in caring for the 390,000 female veterans seen last year at VA Medical Centers and Community Based Outpatient Clinics (CBOCs) — despite an investment of more than $1.3 billion since 2008.

Despite this investment, problems abound, which are listed below in more detail. The bottom-line is that the VA is falling behind on care for all of our veterans. And for women in particular, VA Medical Centers and CBOCs have yet to keep pace with the rising numbers.

With more than $1.3 billion spent in the past six years on women’s health, the problem is delivery and execution. The same is true for the veterans enduring egregiously long wait-times. So while the VA is ironing out its other problems, this is also an opportune time to re-evaluate the processes related to how care is delivered to our women veterans.

Among the shortcomings for women’s care:

• Nearly 25% of VA Medical Centers do not have a full-time gynecologist on staff. And 140 of the 920 CBOCs serving rural areas do not have a designated women’s health provider.
• When a CBOC refers veterans to a university or other private medical facility to be screened for breast cancer, more than half the time their mammogram results are not provided to patients within two weeks, as required under VA policy.
• Female veterans are placed on the VA’s Electronic Wait List at a higher rate than male veterans, meaning their wait times are often over 90 days.
• And according to a VA presentation last year, female veterans of child-bearing age were far more likely to be given medications that can cause birth defects than were women being treated through a private HMO.

With their numbers increasing, there is no choice but to put more focus on women veterans and confront these issues head on. Indeed, we need to elevate the level of care for all our veterans, and ensure the men and women who served our country get what they deserve.

Read more on this issue on the AP Report published online in the Huffington Post: http://www.huffingtonpost.com/2014/06/22/veterans-affairs-womens-health_n_5519796.html?utm_hp_ref=tw

Brigadier General Carol Ann Fausone (ret.)

General Fausone served her country for 36 years in the US Air Force and Michigan National Guard as a nurse and medical officer. Carol Ann continues serving by “Taking Care of Our American Heroes and their Families” to obtain the benefits they deserve.

If you need help with your VA benefits claim, contact Legal Help For Veterans, PLLC and learn more at www.LegalHelpForVeterans.com.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your PTSD, TBI, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, TDIU, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Veterans with disabilities who are in need of guide dogs or service dogs can get help through the Department of Veterans Affairs (VA).

Service dogs are trained to perform tasks for a person with a physical disability. Dogs are traditionally trained as guides for people who are blind or visually impaired, but service dogs are also trained to help people without vision impairments.

Disabled veterans who may benefit from a service dog are assessed by the VA. Blind and hearing-impaired veterans who want a guide dog are put in touch with independent guide dog schools. All other disability cases are evaluated to determine the goals to be accomplished through the use of a service dog and to establish that the veteran has the ability and means to care for the dog.

In every case, the VA provides veterinary care and equipment through its Prosthetics and Sensory Aids program. However, the VA does not pay for food, boarding, grooming or other routine expenses associated with owning a dog.

Learn more about veterans benefits at http://www.elderlawnewyork.com/veterans-benefits/.

Jim Fausone
Veteran Disability Attorney

VA Healthcare does a tremendous amount of research and works to get that information out into the public.

As part of an effort to inform Veterans and others about their risk for developing the disease, Timothy, of VA’s Office of Research and Development, appeared on The National Defense, a syndicated radio program provided to radio stations nationwide by the Veterans of Foreign Wars.

According to Dr. O’Leary, type 2 (adult onset) diabetes affects nearly 20 percent of Veterans who use VA health care, compared to about 8 percent of the general public.

Diabetes is the leading cause of blindness, kidney, disease, and amputation in the United States, and that up to 80 percent of patients with diabetes will face a heart attack or stroke. Dr. O’Leary said that VA is finding that group therapy is proving to be a successful method to help people control their blood sugar levels; that using pedometers encourages physical activities to help keep diabetes under control; and that coaching and counseling is an important aspect of managing the disease.

If you are a veteran and have diabetes you should get treatment.  The VA may be able to help and you may be entitled to disability compensation.  Do not ignore this condition.

Veterans exposed to blasts may still have brain damage even if they have no symptoms, according to a study led by researchers at VA’s Mid-Atlantic Mental Illness Research Education and Clinical Center (MIRECC) in Durham, N.C., and Duke University. The results of the study were reported on in U.S. News and World Report and a number of other publications.

The research suggested that a lack of symptoms of traumatic brain injury after a blast may not indicate the extent of brain damage caused by the blast.

In the study, researchers divided 45 Iraq and Afghanistan Veterans into three groups: those who had been exposed to blasts and had symptoms of TBI; those who’d been exposed to blasts and had no TBI symptoms; and those with no blast exposure. The participants underwent scans to look for damage in the brain’s white matter, as well as tests to assess their mental abilities. Veterans who were exposed to blasts but had no symptoms had brain damage similar to that seen in those with symptoms of TBI.  So this contradicts a position taken by VA Benefits that a lack of symptoms in service means no injury.

http://www.research.va.gov/pubs/varqu/spring2014/spr14-11.cfm#3

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The VA is reporting that 10 % of veterans are waiting over 30 days for a medical appointment.

That number does not reflect the poll LHFV did of its veterans.  Our survey shows that 21% of the veterans are waiting over 180 days.

Veterans read the articles about VA and its reported wait times and wonder why their experiences are so different.  I would tell you that the VA numbers probably underreport the wait times. So read this article with a grain of salt.

http://bigstory.ap.org/article/va-chief-more-vets-wait-30-days-appointment

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Thankfully, the VA has implemented several new policies to bring the system up to date, including mandated overtime for claims processors and a transition to computerized records. And the efforts appear to be paying off.

The VA recently announced that the backlog of pending claims, which peaked at about 611,000 in March 2013, has fallen by 44 percent. Now, 344,000 claims remain. The current average wait time is 119 days shorter than it was a year ago, the agency says, and the accuracy of decisions has risen as well.

The VA continues to prioritize “fully developed claims.” These are applications in which the veteran submits all relevant records at once and certifies that he or she has no other evidence to submit. Claims from homeless veterans, those facing extreme financial hardship, the terminally ill, former prisoners of war and Medal of Honor recipients will also receive priority.

In 2010, the VA established a goal of processing all disability claims within 125 days.

As veterans’ attorneys, we have seen worthy disabled veterans wait far too long for their compensation, and we are pleased to see progress being made.

The attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

Thousands of veterans who served during the Gulf War in the 1990s continue to report mysterious symptoms, especially short-term memory loss and debilitating fatigue, over 20 years later.

The collection of ailments that active duty soldiers and veterans reported after the operation to oust Saddam Hussein from Kuwait ended in 1991 were known as Gulf War syndrome, Gulf War illness and most recently, as chronic multi-symptom illness.

To address the health complaints of veterans, U.S. officials set up the Gulf War Registry, which involved self-reporting the kinds of ailments that the veterans had. As of March 31 of this year, the registry included a total of 145,612 veterans enrolled. That’s nearly one in five of those who were deployed.

Initially, military and Veterans Affairs officials said the ailments stemmed from post-traumatic stress disorder, which irked the veterans and legislators who wanted better explanations.

Over the years, the suspected culprits for gulf war illness have included the experimental anthrax vaccine and an anti-nerve agent pill given to soldiers before the war, exposures to chemical agents from the bombings of Iraqi chemical bunkers, fumes from the oil well fires that Saddam ordered, and other toxins in the environments.

US officials have said none of these factors are responsible for Gulf War syndrome. Coalition forces from Britain complained of similar symptoms as US soldiers, and the British soldiers were also administered a vaccine.

In response to concerns of French soldiers who took part in Desert Storm, the French government commissioned a health study, and the results were published in a 2006 report, which did not find clusters of ailments similar to those of US and British soldiers. The French soldiers were not given the anthrax vaccine in preparation for Desert Storm, and instead were given antibiotics, French officials said.

While progress may be slow, lawmakers in Washington are taking notice. Last month, Congressman Mike Coffman introduced the Gulf War Health Research Reform Act (House Resolution 4261), which gives greater independence to the Research Advisory Committee on Gulf War Illness from the Veterans Affairs Department.

Paul Sullivan, who helped write and pass the Persian Gulf War Veterans Act, had some scathing remarks for the VA. Sullivan accused the VA of blocking a 1998 law that supported research, treatment, and benefits for Gulf War veterans, and he supports a bill to give the VA Secretary greater authority to “remove the top VA leaders who continue failing the 250,000 ill Gulf War veterans.”

The VA denied the allegations, saying they support the research efforts to improve veterans’ treatment and continue to welcome input and advice from the Research Advisory Committee.

Read more on the Stars & Stripes Report here: http://www.stripes.com/news/middle-east/gulf-war-illness-thousands-who-served-still-report-mysterious-symptoms-1.279132?=&utm_source=Stars+and+Stripes+Emails&utm_campaign=Daily+Headlines&utm_medium=email

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Kristina Derro
Veteran Advocate

 This is just disgraceful.  CNN has been reporting for months on the extended delays for health care appointments suffered by veterans across the country and who died while waiting.

 However, new revelations of secret lists and shredded evidence show that long-waits could be just the tip of the iceberg. At least 40 veterans died waiting for appointments at the Phoenix Veterans Affairs Health Care system, many of whom were placed on a secret waiting list.

This secret list was devised as part of an elaborate scheme by the VA managers in Phoenix who were trying to hide that 1,400 to 1,600 sick veterans were forced to wait months to see a doctor, according to reports from CNN.

Dr. Sam Foote, who just retired after 24 years with the Phoenix VA, said in an exclusive interview with CNN that, “The scheme was deliberately put in place to avoid the VA’s own internal rules.”

Foote said that there’s an “official” list the VA shared with officials in Washington that shows that they were providing timely appointments, which Foote calls the “sham list.” Then, there’s a real list that’s kept secret, where wait times can last more than one year.

Internal e-mails obtained by CNN show that top management at the VA hospital in Arizona knew about the practice and even defended it.

Meanwhile, veterans languish and many are dying while waiting on this secret list.

The VA requires its hospitals to provide care to patients in a timely manner, typically within 14 to 30 days. So instead of entering veterans’ doctor’s appointments into the computer system, Foote said, staff were instructed to enter appointment information, take a screenshot and print a hard copy, and then not save the appointment.

It’s as if the veteran was never there. According to Foote, the scheme in Phoenix also involved shredding evidence to hide the long list of veterans waiting for appointments and care.

“That hard copy, if you will, that has the patient demographic information is then taken and placed onto a secret electronic waiting list, and then the data that is on that paper is shredded,” Foote said.

The only record of veterans having been to the VA was on that secret waiting list, Foote says. And veterans would not be taken off that secret list until they had an appointment time that was within the 14 day timeframe for timely care, giving the appearance that the Phoenix VA’s wait times were greatly improving.

CNN also obtained e-mails from July 2013 showing that top management, including Phoenix VA Director Sharon Helman, was well-aware about the actual wait times, knew about the secret electronic list, and even defended its use to her staff.

In one internal Phoenix VA e-mail dated July 3, 2013, one staffer raised concerns about the secret electronic list and raised alarms that Phoenix VA officials were praising its use. The email reads:

“I have to say, I think it’s unfair to call any of this a success when Veterans are waiting 6 weeks on an electronic waiting list before they’re called to schedule their first PCP (primary care physician) appointment. Sure, when their appointment is created, it can be 14 days out, but we’re making them wait 6-20 weeks to create that appointment.”

The e-mail pointedly adds: “That is unethical and a disservice to our Veterans.”

And what is the VA’s response to all of this? A whole lot of nothing. CNN was sent the following statement from VA officials in Texas, quoting Sharon Helman:

“It is disheartening to hear allegations about Veterans care being compromised, and we are open to any collaborative discussion that assists in our goal to continually improve patient care.”

With the Phoenix VA’s secret list now catching the attention of representatives in Washington, the “collaborative discussion” referenced in Helman’s statement may transform into a full-blown congressional investigation.

Representative Jeff Miller, chairman of the House Veterans Affairs Committee, has been investigating delays in veterans’ care across the country. In an April 9 hearing, Rep. Miller learned that even the assistant deputy undersecretary of the Veterans Health Administration wasn’t being told the truth about the secret list and was never aware of its existence.

Congress has now ordered that all records in Phoenix, secret or not, be preserved in anticipation for a congressional investigation.

To read more on this issue, check out CNN’s report: http://www.cnn.com/2014/04/23/health/veterans-dying-health-care-delays

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

For the first time since February 2011, the number of backlogged disability claims dropped below the 350,000 mark. That’s a decrease of more than 250,000 cases in the past year, a pace that officials believe they can maintain to bring the backlog to zero by 2015.

Still, 350,000 veterans remain in what has been a rather long waiting line for the past several years. The backlog number is based on the number of claims pending for more than 125 days.

VA Undersecretary of Benefits Allison Hickey said that new technology, the new paperless claims system, better training of claims workers, and improved communication systems have all contributed to the decrease. In addition, the Undersecretary acknowledged that mandatory overtime for claims processors over the last two years has been a critical tool for shrinking the backlog, but constant overtime is not a sustainable business model.

Although there is much work to be done, this is certainly welcome news. The backlog number is also at its lowest mark since before claims tied to new presumptive illnesses from Agent Orange exposure overwhelmed the benefits system.

The move to make those presumptive illnesses eligible for VA benefits in 2010 was popular among veteran advocacy groups, but it also led to a dramatic slowdown in the completion of disability claims as tens of thousands of new cases poured into the claims processing system.

The VA’s ability to deal with claims quickly and reliably came into question, and the Department received stricter scrutiny from Capitol Hill. Now, almost four years later, it seems as though the VA has achieved some progress toward shrinking the backlog for veterans.

To read more on this issue, read the Army Times recent report:
http://www.armytimes.com/interactive/article/20140331/BENEFITS04/303310043

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

By law, an individual must be accredited by VA as an agent, attorney, or representative of a VA-recognized veterans service organization to assist in the preparation, presentation, and prosecution of a claim for VA benefits.  38 U.S.C. §§ 5901-5902, 5904; 38 C.F.R. § 14.629.  VA regulations provide a one-time only exception to this general rule, which authorizes a person to provide assistance on a particular claim, but such assistance must be without cost to the claimant and is otherwise subject to the laws governing representation.  38 C.F.R. § 14.630.  An individual who is not accredited by VA is otherwise prohibited by law from assisting claimants in the preparation, presentation, and prosecution of claims before VA.

By law, no person or organization may charge claimants a fee for assistance in preparing applications for VA benefits or presenting claims to VA.  VA-accredited agents and attorneys may charge fees for assistance on a claim for VA benefits only after VA has issued a decision on a claim, a Notice of Disagreement has been filed initiating an appeal of that decision, and the agent or attorney has complied with the power-of-attorney requirements in 38 C.F.R. § 14.631 and the fee agreement requirements in 38 C.F.R. § 14.636(g).  38 U.S.C. § 5904(c)(1); 38 C.F.R. § 14.636(c).

Kristina Derro, Esq.

Veterans Disability Lawyer

The government has launched a new process to expedite Social Security disability claims for a special category of veterans, the Social Security Administration announced Tuesday, March 18.

Under the new process, Social Security claims from veterans with a Veterans Affairs Department disability compensation rating of 100 percent Permanent and Total will be treated as high priority, and qualifying veterans will receive expedited decisions.

However, the VA rating does not guarantee an approval for Social Security benefits; it only ensures the process will be expedited for those veterans. The veterans still must meet the strict eligibility requirements for a disability allowance.

Carolyn Colvin, acting Social Security commissioner, said the new process is similar to the way the agency currently handles disability claims from wounded warriors.

“We have reached another milestone for those who have sacrificed so much for our country and this process ensures they will get the benefits they need quickly,” Colvin said in a news release. “While we can never fully repay them for their sacrifices, we can be sure we provide them with the quality of service that they deserve. This initiative is truly a lifeline for those who need it most.”

To receive the expedited service, veterans must tell Social Security they have a VA disability compensation rating of 100 percent Permanent and Total and must show proof of their disability rating with their VA notification letter.

Congressman John Sarbanes (D-Md.), who introduced legislation in Congress to promote the initiative, praised the change.

“No one wants to put America’s veterans through a bureaucratic runaround,” he said in the release. “As the baby boomer generation ages and more veterans of the wars inIraqandAfghanistanneed care, this common sense change will help reduce backlogs and cut through unnecessary red tape so that our most disabled veterans receive the benefits they’ve earned.”

To read further on this issue, check out the Stars & Stripes article: http://www.stripes.com/news/some-veterans-will-now-have-their-social-security-disability-benefits-expedited-1.273397

Kristina Derro, Esq.

The Department of Veterans Affairs’s (VA) “appeals resolution time” shot up to 923 days in fiscal year 2013 – that’s up 37% from 675 in the previous year, according to the department’s annual performance report.

The appeals resolution time is the average time it takes for a denied claim to work through the VA’s appeals process. That means veterans are waiting nearly three years on a decision as to whether they will receive crucial disability benefits.

Disability benefits are awarded to veterans who suffer physical or mental injuries during their military service, ranging from $131 a month to $2,858 a month for a single veteran.

The 923 day tally for 2013 is over half of the Department’s long-term goal of 400 days, and still well over its short-term goal of 650 days. One likely culprit for this troubling trend is the VA’s overall backlog of claims awaiting an initial decision.

The VA has been engaged in a very public battle to reduce its overall backlog. By 2015, the department wants to get the backlog to zero. That would ensure that no claim is pending for more than 125 days. This goal has received the most attention from Congress, the administration, and veterans groups, which has apparently left the appeals resolution time issue to take a backseat.

“As the VA has pushed to end the backlog, there’s been a diversion of resources from the appeals system to tackling the backlog,” said Jacqueline Maffucci, research director for the advocacy group Iraqand Afghanistan Veterans of America, in a recent Stars & Stripes report.

Laura Eskenazi, the official who oversees the Department’s Board of Veterans’ Appeals, cautioned that the long processing time “is not at all indicative of inactivity.”

Veterans who appeal their initial decision, either in part or in full, are slotted into a separate system, which extends their wait-time on a final decision even longer. That appeals process has evolved into a multi-layer system since its inception in World War I. Veterans, survivors, or their representatives may prompt a new review of the entire appeal at any time by submitting new evidence. The Board of Veterans’ Appeals then grants, denies, or, most commonly, remands the case to a VA regional office for additional review.

Few attorneys are experienced in the difficult prosecution of VA claims. Our legal staff at Legal Help For Veterans has over a decade of experience in dealing with VA disability appeals and employs a network of medical specialists, many former military physicians, who can ensure your claim has the best likelihood for success. Our staff includes former officers and enlisted personnel; we are veterans helping veterans and have experience in these very issues.

For more information, visit our website at www.legalhelpforveterans.com.

To read more on the appeals resolution time, see the Stars & Stripes Report here: http://www.stripes.com/news/us/va-s-time-to-resolve-disability-appeals-shoots-up-1.270408#.UxEGcZJ5ds8.email

We often report on the issues and hardships facing our nation’s veterans. But what many don’t realize is the impact these returning veterans have on families and their children. Life goes on after and life beyond the touching homecoming video clip or news report and it is not always a “happily-ever-after” scenario.

It’s estimated that as many as 5 million kids have had a parent or sibling serve inIraqorAfghanistansince 9/11. Approximately 30%, or 1.5 million, of those kids are significantly more likely to consider suicide and have mental health problems compared to non-military kids.

A recent 60 Minutes report told the story of 15 year old Abigail Barton, who expected her father, an Iraq War veteran, to return home and still be the “fun parent” that he was before he left. That was not the case.

Abigail’s older brother, Alex, attempted to commit after his dad returned home. Their mother said it has been “devastating” for her kids to see the changes in their father as he deals with the post-traumatic stress ofIraq. It is as if they, too, are dealing with PTSD.

And sadly, the Barton kids receive no help from their school or the VA.

The VA spent almost $500 million last year for PTSD treatments for veterans of Iraqand Afghanistan. But their family members may receive counseling “if determined to be essential to the effective treatment and readjustment of the veteran.”

Simply put, veterans’ kids who have mental health issues are largely on their own, if they get help at all. Compounding the problem is a lack of awareness on this issue.

Christal Presley, who has started a group called United Children of Veterans, had a similar experience with her father, Delmer Presley, a Vietnam veteran. “While my dad was hiding away in his room, I would lock myself away in my room,” Christal said in the 60 Minutes report. “I would vacillate between depression and rage just like my father.”

Then, at the age of 30, Christal began picking up the phone to get her father to talk about the war. After dozens of phone calls, slowly, her father began opening up. And talking helped both Christal and her father.

After a lifetime of silence, Christal dared to go public and shared her story in a blog that went viral and eventually became a book. She’s received emails from thousands of veterans and the children of veterans as far back as WW II. “I think part of me still feels the relief of, ‘Christal, you’re not alone,’” she told 60 Minutes. “And the other part of me feels so sad, because I wasn’t alone.”

Christal says that now she understands that talking and sharing your story can be a matter of life and death.

The stories of veterans’ lives upended by PTSD are all too familiar, however, we should not forget about their children whose stories are unknown – and children who are on their own in dealing with their mental health issues.

You can learn more about Christal Presley’s United Children of Veterans at her website, http://unitedchildrenofveterans.com/.

Watch the 60 Minutes report here: http://www.cbsnews.com/news/collateral-damage-the-mental-health-issues-facing-children-of-veterans/

The VA is now proposing that only requests made on official VA standardized forms will be accepted. The reason for this? The VA claims that this will aid in reducing the claim backlog that has about 400,000 veterans waiting more than 125 days for a decision. The VA wants us to believe that the VA workers spend so much time trying to read the letters and figure out what is being claimed, that it contributes to the backlog and wastes time.

One of the fears by veterans’ groups is that requiring a standardized form will take time and effort to fill out, leading to a later effective date (and therefore less money) for the veteran when the benefits are awarded. Another concern is that claims will be denied or kicked back to the veteran because he or she failed to check a certain box or fill out the form correctly. Furthermore, concern is had that the most vulnerable veterans—the homeless, those with a traumatic brain injury, or those with limited education—would have the most trouble obtaining and filling out the form correctly.

Critics and the VA alike recognize that the VA system is broken. It is backlogged and the in-house processes that VA utilizes are illogical and antiquated. However, requiring standardized forms will only make the system more difficult for veterans to navigate. Instead, effort should be made to have competent VA workers in the mailroom—ensuring that mail that is received is properly saved, statused in the computers, and passed along to the correct department. VA should have employees that actually process claims in order of receipt, instead of handling easier claims first. The VA should not lose files or records, and should properly follow its own protocols uniformly among its offices in each state. VA shouldn’t take 3 months to transfer files between offices when a veteran moves to a different state. These changes would actually speed up the benefits process and make it more productive. Unfortunately, it seems as though VA is hell bent on “solving” the backlog problem by making the whole process more difficult for the veterans.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Judge David M. Murkowski, of the Kent County Probate Court, said that typically when someone fails to appear in court without an excuse, a small fine is imposed. In the case of VA regional counsel Roland L. Bessette, however, the case dragged on, became a “proverbial federal case,” and two years later was settled for $45,000 in attorney’s fees – a burden that US taxpayers as a whole will bear.

How could this happen?

The case began when the VA became involved as an interested party in a veteran’s conservator’s probate filing because there were some inconsistencies in the filing. Bessette filed an appearance with the court as an interested party. In September 2011, Judge Murkowski issued a notice to appear at a scheduling conference, which Bessette failed to attend.

Judge Murkowski said that under federal law, some circumstances allow for VA counsel to not report to the court, typically when the VA is an uninterested party in the case. However, in Bessette’s case, he filed as an interested party. The judge then issued a motion and order for Bessette to appear and show cause as to why he should not be held in contempt.

Instead, in December 2011 Bessette requested the U.S. Attorney in Grand Rapids to seek removal of the contempt proceedings to federal court in Grand Rapids. Bessette claimed immunity as a federal employee, and that the probate court did not have jurisdiction over the VA, and that the federal court should toss out the order to show cause.

In September 2012, U.S. District Judge Robert H. Bell ruled that a government attorney “who voluntarily subjects himself to a state court’s authority” by filing an appearance on the behalf of that federal agency has the same obligations to the court as any other lawyer who files an appearance.

Judge Bell denied Bessette’s motion for reconsideration, saying that while Bessette’s defenses may be viable to the order to show cause, they are state defenses that rely on state law and should be heard in a state court.

Finally, in November 2012 Bessette filed for leave of appeal in the 6th U.S. Circuit Court of Appeals. After mediation with the court, the VA agreed to settle the case for $45,000, which would be for the probate court’s attorney’s fees.

Judge Murkowski noted that he did not want the people of Kent County to bear the cost of this lawsuit, but unfortunately American taxpayers would. Bessette has since retired.

Read more on the case at: http://milawyersweekly.com/news/2014/01/23/case-that-was-worth-a-200-fine-settled-for-45k-in-fees/

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Michigan Veterans Benefits For Seniors

Many Michigan families do not realize that there are Veterans Benefits available to pay for home care, care contracts and assistance in the home for seniors.  As one of the few Certified Elder Law Attorneys in Michigan, my practice is devoted to helping seniors, veterans and their families navigate the long-term care legal maze.

A common mistake I see families make is that they wait to long to try to secure their Aid & Attendance veterans benefits.  It’s unfortunate because many times if they would have come into our Bloomfield Hills law office years ago, we could have had their VA Benefit turned on this whole time.

This means that families could literally be leaving thousands of dollars on the table.

For example, let’s say Joe is a senior veteran living in Troy, Michigan.  He’s living on his own, however his daughter helps him with some activities of daily living a few times a week for a couple hours a day.  Plus, he receives a couple hours of private duty home care from a commercial Oakland County home care company.

Let’s assume Joe receives $1500 per month in Social Security and has $300k in savings and a house.  He is paying the commercial home care company $1000 per month.

If Joe or his family were to go to a local veterans service organization, chances are they would tell him that he will not qualify for the full benefit (or any benefit) because he does not meet the income or asset tests.

However, if he were to come to our office, as a VA accredited attorney, I would counsel the family in setting up a Veterans Asset Protection Trust, Care Contract and submit the VA application on his behalf.  In the end I would be able to turn on a $1,700+ monthly tax free benefit.

It’s unfair that it is all in who you talk to and where you get advice from.  That is why you should seek advice from VA Accredited Certified Elder Law Attorneys.  There aren’t many of us in the state.

The post Michigan Veterans Benefits for Home Care appeared first on Elder Care Firm.

Michigan Veterans Benefits For Seniors

Many Michigan families do not realize that there are Veterans Benefits available to pay for home care, care contracts and assistance in the home for seniors.  As one of the few Certified Elder Law Attorneys in Michigan, my practice is devoted to helping seniors, veterans and their families navigate the long-term care legal maze.

A common mistake I see families make is that they wait to long to try to secure their Aid & Attendance veterans benefits.  It’s unfortunate because many times if they would have come into our Bloomfield Hills law office years ago, we could have had their VA Benefit turned on this whole time.

This means that families could literally be leaving thousands of dollars on the table.

For example, let’s say Joe is a senior veteran living in Troy, Michigan.  He’s living on his own, however his daughter helps him with some activities of daily living a few times a week for a couple hours a day.  Plus, he receives a couple hours of private duty home care from a commercial Oakland County home care company.

Let’s assume Joe receives $1500 per month in Social Security and has $300k in savings and a house.  He is paying the commercial home care company $1000 per month.

If Joe or his family were to go to a local veterans service organization, chances are they would tell him that he will not qualify for the full benefit (or any benefit) because he does not meet the income or asset tests.

However, if he were to come to our office, as a VA accredited attorney, I would counsel the family in setting up a Veterans Asset Protection Trust, Care Contract and submit the VA application on his behalf.  In the end I would be able to turn on a $1,700+ monthly tax free benefit.

It’s unfair that it is all in who you talk to and where you get advice from.  That is why you should seek advice from VA Accredited Certified Elder Law Attorneys.  There aren’t many of us in the state.

The new regulation takes effect on January 15, 2014. It will affect some veterans with TBI who are also diagnosed with Parkinson’s disease, depression, certain diseases of the pituitary and hypothalamus glands, certain types of dementia or unprovoked seizures.

For certain veterans with service-related TBI who also suffer from one of the named illnesses, the second illness will also be considered as service-related for purposes of disability compensation.

The rule change was prompted by a report by the Institute of Medicine of the National Academy of Sciences linking moderate to severe TBI with the listed ailments.

Eligibility for additional compensation will depend on the severity of the brain injury and the length of time between the injury and the onset of the second illness. Veterans who do not meet eligibility requirements may still file a claim to establish the ailment as service-related.

“We decide veterans’ disability claims based on the best science available,” Eric K. Shinseki, Secretary of Veterans Affairs, said in the announcement. “As scientific knowledge advances, VA will expand its programs to ensure veterans receive the care and benefits they’ve earned and deserve.”

Current treatment for TBI is usually limited to mitigating the damage it causes in the short term following the injury. Extensive further study is needed to better understand TBI and its connection with various neurological disorders. In the meantime, the VA is helping many deserving veterans by compensating for TBI-related illnesses.

The attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.