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

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

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

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

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

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

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

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

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

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

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

Jim Fausone
Veterans Disability Lawyer

It is a federal offense to lie about your military service and to claim the status of a Medal of Honor recipient when it is not true.

The Stolen Valor Act makes lying about having received military awards a federal crime. Some argue that it is not criminal to lie about such military service. Some courts have found the act is a violation of the First Amendment.  The 9th U.S. Circuit Court of Appeals upheld an earlier ruling determining that a law barring people from lying about their military heroics was a violation of free speech.  The 10th U.S. Circuit Court found the act constitutional.  I wonder if these judges would have a different opinion if the defendant was misrepresenting they were a federal judge and expecting respect and power from such a false statement. Have we become a society that cannot draw a hard line about what is right and what is wrong.  George Washington stated in a 1782 Order, “Should any who are not entitled to the honors, have the insolence to assume the badges of them, they shall be severely punished.”   The U.S. Supreme Court will resolve this split between the federal district courts. Oral arguments are scheduled for this week and a decision later this year is expected.  I would hope they uphold the law and keep a hard line between right and wrong.

Read more: 10th Circuit upholds Stolen Valor Act – The Denver Posthttp://www.denverpost.com/breakingnews/ci_19835791#ixzz1mmOJxGx8

http://www.washingtonpost.com/opinions/lying-about-winning-a-medal-of-honor-its-shameful–but-it-shouldnt-be-a-crime/2012/02/16/gIQAhpNFKR_story_1.html

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

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

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

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

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

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

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

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

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

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

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

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

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

Jim Fausone
Veterans Disability Lawyer

Many men and women from rural America serve their country proudly.  After service they return to uncertain employment opportunities.  The unemployment rate among veterans is a national embarrassment.  My home state of Michigan, known for manufacturing, also has a large agricultural base. 

An article on a program for Ag Warriors caught my attention. The new Ag Warriors program in California’s Central Valley is getting launched to connect veterans and agriculture employers.  Founded by the International Agri-Center, which hosts the World Ag Expo in Tulane, California,  Ag Warriors has partnered with four educational institutions to develop training curriculum that mingle the veterans’ military skills with those needed to thrive in a farming career.  That is creative thinking!  Ag Warriors’ mission is to identify, develop and place returning veterans in long-term professions in the agriculture industry following their military service. 

I would hope community colleges around the nation would find a way to integrate this type of program and outreach to veterans.   A future in agriculture may be just what a veteran, from rural or urban life, needs.

 http://www.hobbyfarms.com/farm-industry-news/2012/02/10/ag-warriors-to-provide-ag-training.aspx

By Jim Fausone
Veteran Disability Lawyer

We have written on this topic before.  The VA has a challenge keeping personal information confidential.  We have seen VA post personal information on web sites. The VA has had hackers get into its computers.  The more typical breach of security is very routine – misdirected mail. This happens at all levels.  We have had the wrong veterans mail show up in court files, claim files and RO mail.  A Fort Myers man had someone’s personal information show up in his mailbox.  The man was not a veteran and he contacted VA and NBC news.

VA representative said the errors in processing or simply outdated information are often reasons why letters are sent to the wrong address.  “If they move out, the first thing they should do is let the VA know so we can ensure your items are mailed correctly,” VA said. “Protecting veterans information is so important to the VA, its something we take very seriously.”  The VA says these types of mishaps are rare and if you receive a letter not addresses to you then you should return it to sender or contact the local VA.

To watch the NBC video on this story:  http://www.nbc-2.com/story/16612627/va-sends-personl-info-to-wrong-mailbox