Archive for February, 2011

Sledge Hammer to EAJA Fees

by Jim Fausone
Veterans Disability Lawyer       

So the government lets veterans hire lawyers, but it is not happy about that.  When the VA is wrong at the Court of Appeals, which it is about 75% of the time, VA has to pay legal fees under the Equal Access to Justice Act (EAJA).  The fees are limited, but fair.  EAJA applies to any federal claim. 

Apparently the Western politicians think environmental groups are getting fat on EAJA fees.  So the Republican House has proposed a 7-month moratorium on EAJA fees.  If the Senate passes and the President signs it into law, EAJA fees may be suspended or terminated. 

What does that mean for veterans?  Lawyers, who have to pay staff and overhead, will have to determine if they can afford to work for veterans in the Court of Appeals for free.   Veterans will have to face litigation, appellate procedures, and VA’s attorneys, without professional and trained advocates.  I suggest the government rethink using this sledgehammer.  The problem is the bureaucracy that denies people their rights, not that people prove the government’s missteps.

Write your Congressman and tell them to put the sledgehammer down and work on fixing the system.   Don’t deprive veterans of representation. 

http://www.politico.com/news/stories/0211/50075.html

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

DOD Tolerates Rape

by Jim Fausone
Veterans Disability Lawyer

A group of former military members are suing the senior leaders of DOD claiming they have been slow to change the DOD culture. They claim the senior leaders are tolerating rape and harassment of women service members. The suit was filed this week and NBC reported the story this week. The problem has been discussed in report after report that has investigated the allegations.

The unique aspect of this story is that the women veterans have filed suit against the current and former Secretary of Defense. No one should tolerate this behavior and MST against men or women cannot be tolerated in a military force protecting a civil society.

http://www.nbc.com/news-sports/msnbc-video/sexual-assault-victims-sue-pentagon/

http://www.examiner.com/female-veterans-affairs-in-national/military-rape-and-sexual-assault-lawsuit-against-secretary-of-defense-gates

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

Korea AO

by Jim Fausone
Veteran Disability Lawyer

Vets were exposed to Agent Orange in Vietnam, Thailand and Korea. Veterans exposed to herbicides while serving along the demilitarized zone (DMZ) in Korea will have an easier path to access quality health care and benefits under a Department of Veterans Affairs (VA) final regulation that will expand the dates when illnesses caused by herbicide exposure can be presumed to be related to Agent Orange.

Under the final regulation published 25 JAN in the Federal Register, VA will presume herbicide exposure for any Veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense (DoD) to have operated in an area in or near the Korean DMZ in which herbicides were applied. Previously, VA recognized that Agent Orange exposure could only be conceded to Veterans who served in certain units along the Korean DMZ between April 1968 and July 1969.

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

Camp Lejeune Water

by Jim Fausone
Veteran Attorney

Every week we receive emails from Marine veterans who are concerned that they have been exposed to contaminated drinking water at Marine Base Camp Lejeune, NC. The water was contaminated with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene and vinyl chloride. Many young men passed thru Camp Lejeune from the 1950s to the mid-1980s when the wells were shut off. VA has been reluctant to recognize the medical nexus of exposure to contaminated drinking water and various disabilities.

The VA decided last fall to consolidate all its Lejeune-related claims at a regional office in Louisville, Ky. The two US Senators from North Carolina are pushing a legislative fix to this problem. Creating a presumption for that medical nexus will be important for many families. This legislation is worth supporting and keeping track of.

Read more: http://www.mcclatchydc.com/2011/02/03/108067/hagan-burr-push-anew-to-help-camp.html##ixzz1CzRcO8xR

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