Kristina Derro
Veterans Disability Lawyer

Although our troops are already in enough danger being overseas in hostile areas, they now have a new hidden threat to their health, respiratory illness.

A recent medical study has found thatUnited Statesmilitary personnel and civilian contractors deployed toIraqandAfghanistanmay be at risk for chronic lung disease, including asthma and constrictive bronchiolitis (CB). The study showed that ‘deployers’ experienced respiratory symptoms at a 4% higher rate than non-deployers, despite physician-diagnosed asthma and chronic bronchitis remaining equal.

Kalie VonFeldt, Maura Robinson, and Cecil Rose, the medical professionals in charge of the study, targeted four factors in explaining this health risk:

Desert Dust: With the rapidly degrading soils and the frequent dust storms, lead and other metals typically found in desert dust are in sizes small enough to penetrate the small airways of our troops’ lungs.

Burn Pits: The Department of Defense estimates the average American soldier generates 9 to 12 pounds of waste per day; all of which is typically disposed of in open air burn pits.

Industrial Fires: Burning oil and other industrial compounds typically release hydrogen sulfide and sulfur dioxide. Both of these oxides of sulfur are known causes of CB.

Cigarette Smoking and Secondhand Smoke: Recent studies have shown almost 1/3 of U.S. Troops smoke cigarettes while deployed. While those that do smoke harm themselves by choice, the other 66% are subject to high levels of secondhand smoke.

Taken together, these factors could be the explanation of the 14.5% asthma rate in Iraq/Afghanistan deployed troops, compared to the 1.8% of troops deployed elsewhere. Although further study will be needed to see the exact effects of the aforementioned factors, these numbers certainly suggest the medical community is pointed in the right direction.

To learn more or see the original study, please visit: http://www.rtmagazine.com/issues/articles/2012-05_02.asp

If you need help with your VA disability claim, contact us at (800) 693-4800.

James G. Fausone
Veterans Disability Lawyer

Dr. Michael Paletta, the chief medical director of Hospice of Michigan and a retired Air Force medical officer, knows there are other ways a doctor can impact a life than simply with medicine.

Earlier in the month, Dr. Paletta was called to the house of an elderly man who had ‘given up’ after his numerous trips to the ER and doctors telling him there was no more they could do. After walking into the room and introducing himself, Dr. Paletta didn’t ask about the man’s medicine regimen, his recent ER trips, or why he was refusing care; he simply got to know him.

Veteran to veteran, Dr. Paletta learned that the elderly man, Don, was a WWII veteran who had been a crewman in the B17 bomber. During the course of their conversation, Dr. Paletta and Don reminisced about the ones they’d lost, the ones they’d loved, and formed a bond that most of us will never know, in less than an hour’s time.

After the talk, Don’s daughter told Dr. Paletta that it was the first time he’d spoken to anyone in a week and hadn’t even told his family most of the war stories Dr. Paletta had just heard. Ten days later, Don passed away in peace.

Dr. Paletta has a hard time explaining the sacred space around someone in the final moments of life, but knows that he explored that space with Don during their encounter.

Dr. Paletta is a supporter of LHFV and is also a former comrade of Brig. Gen.Carol Ann Fausone.  Dr. Paletta has reviewed cases for us and provides valuable medical opinions.  He is one of the good guys.

To learn more and see the original article, please visit: http://www.freep.com/article/20120527/OPINION05/205270491/Guest-commentary-A-veteran-s-sacred-space-at-life-s-end

When deployed, soldiers use their extensive training to survive in combat zones. Much of that training becomes second nature, making it difficult to return to civilian life, especially when driving.

A recent study conducted by USAA revealed a 13% increase in at-fault accidents among U.S. troops, compared to their driving record prior to being deployed. The insurance company does not plan to increase rates as a result of the study, but has shared their findings with the military to promote safety.

The Office of the Surgeon General reviewed driving habits of U.S. Army personnel and how their combat driving translates to civilian life at home.

When deployed, troops are trained to stay away from road shoulders to avoid making contact with an IED. When on an Interstate of Highway in their hometown, the soldier may inadvertently straddle lanes or drive in the middle of two lanes.

To avoid making contact with an insurgent, a soldier will make last-minute changes in direction, particularly before entering tunnels or going under overpasses. The Surgeon General saw this driving style translate to not using traffic signals, quickly changing lanes, and avoiding underpasses and tunnels. Speeding is also a common infraction.

While speeding and a failure to use signals may be relatively minor infractions, a lot of these combat driving habits can be very dangerous and lead to serious accidents. In a battle zone, troops assume the right of way, and will not stop for traffic or people. Not yielding to pedestrians, nor stopping at red lights, or driving through stops signs can cause serious harm to others and potentially lead to a catastrophic accident.

As troops make it home from Iraq and Afghanistan, they arrive thankful to return home safely and be with their friends and family. When they return home, it’s important to stay safe, especially on the road.

Getting treatment for anxiety related to time spent in combat, and Post-traumatic stress disorder can help veterans become calmer drivers and adjust to civilian roadways. Visit VA.gov or contact a veterans’ disability attorney.

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

Kristina L. Derro
Veterans Disability Lawyer

The returning veterans from the recent wars in Iraq and Afghanistan are looking to be the most medically and mentally troubled generation of troops in the nation’s history. Of the 1.6 million returning troops, over 45% of them are seeking compensation for injuries sustained while in active duty; over double the VA’s projected estimates.

To make matters worse, these new veterans are claiming nine ailments a piece on average. This is up from theVietnamaverage of four per veteran, and the WWII rate of only two. Researchers suggest that an increased awareness of problems such as concussions and PTSD, combined with more troops surviving their wounds helps explain the increase in these numbers.   Additionally, it would seem the VA’s willingness to recognize certain “soft” disabilities could be impacting this number.  Thus, the historical averages may be artificially low.

The numbers however aren’t the only things changing, the types of injuries sustained are also different from what the VA has seen before. With a majority of the injuries in our most recent wars being due to IEDs (Improvised Explosive Devices), the VA is seeing increases in hearing loss, blindness and damage to lower extremities. The good news is that over 95% of troops injured inIraqandAfghanistanended up surviving their wounds.

As with any war, the cost of caring for veterans rises for several decades and peaks roughly 35 years after the conflict due to diseases brought upon by aging. With so many recent veterans filing more claims than ever before, our country needs to start preparing for a rather large bill in the coming years.  The VA is struggling with processing these claims accurately and needs to improve its service delivery.

Still, despite these concerns and the increasing costs of our returning veterans, the most important thing for us to remember is that they’re returning at all.

To learn more or see the original article, please visit: http://www.usatoday.com/news/health/story/2012-05-28/veteran-disability/55250092/1#.T8SntzI-A5s.email

Jim Fausone
Veteran Disability Lawyer

With the dust still settling from the shocking numbers of the VA backlog, a review of California’s three regional VA offices sheds light on a new issue; the alarmingly high error rate. The Oakland, San Diego, and Los Angeles VARO’s were recently reviewed for their efficiency, accountability, and accuracy when handling vets’ disability claims….the results were deplorable. If you filed a disability claim in Oakland, you’d have a 39% chance of it being done incorrectly and having to start the process all over again. This error rate grows to 53% if the claim deals with temporary total disability evaluations in Oakland, and stays around 50% if the claim involves residual traumatic brain injury. The San Diego and Los Angeles offices didn’t fare any better. Los Angeles was found to have a 97% error rate when dealing with temporary total disability evaluations, San Diego – 77%, numbers that are simply inexcusable. Furthermore, both San Diego and Los Angeles processed about half of all residual traumatic brain injury claims incorrectly. In response to the review, California’s senators and representatives are demanding answers. The inefficiencies need to be explained, as well as the severe lack of accountability on behalf of the VARO’s staff. VA Secretary Eric Shinseki believes these inefficiencies are a result of terrible management and a lack of staff understanding the applicable rules and regulations. Whether he is right or not, when looking at error rates in the 70th and 90th percentiles, any change is a good change. To learn more or see the original article, please visit: http://www.mercurynews.com/news/ci_20648338/states-dc-delegation-demands-answers-from-va-concerning If you need help with your VA disability claim, contact us at (800) 693-4800. VA backlog, VARO, veteran disability claims

On June 26 -29, 2012, The Department of Veterans Affairs is excited to host the National Veteran Small Business Conference and Expo. As the largest nationwide conference of its kind, this event focuses on helping Veteran-owned businesses maximize opportunities in the federal marketplace.

Join nearly 6,000 participants in Detroit for the opportunity to:

• Connect with procurement decision makers from other businesses and federal agencies
• Expand knowledge through over 200 training and business requirement sessions
• Engage with other attendees and gain visibility in the Expo Hall  of nearly 500 booths
• Use VetGovPartner to facilitate online and onsite networking including face-to-face sessions with senior procurement decision makers

This will be hosted atCoboCenter.  There will also be a jobs fair for veterans and employers looking to hire vets on the first two days.

Brig. General Carol Ann Fausone (Ret)

In the coming years, veterans suffering from PTSD, TBI, and other unseen war wounds can expect 3 million more helping hands in their fight towards normalcy. White House Officials announced in early April that a coalition of nursing schools and medical organizations will begin to train their nurses on how to recognize and respond to veterans, and their specialized needs.

Although the veteran-savvy nursing infusion reported at 3 million strong, might be a couple years off, chief nursing officer of the American Nurses Association, Amy Garcia, views the announcement as having an immediate positive impact. Garcia believes that with this news, medical officials will be able to introduce lessons into professional development courses and medical journals, which can be published in weeks, not years. Garcia also noted that many nurses are already working with veterans in their communities and can put their new knowledge into practice immediately.

“Our goal is to raise awareness of these issues, teach nurses to recognize the signs and symptoms, and help reduce the stigma of seeking care,” Garcia stated.

The announcement comes in the midst of multiple events marking the first anniversary of the White House’s Joining Forces campaign, launched to bring attention to the sacrifices and struggles of returning veterans.

As officials from the campaign estimate that roughly one in six veterans returning from duty suffers from PTSD or TBI, the importance of these pro-educational steps cannot be understated. The American Psychiatric Nurses Association has already developed online continuing education courses that focus on PTSD, pain management, sleep disturbances, and issues related specifically to female veterans.

To learn more and see the original article, please visit: http://www.stripes.com/blogs/the-ruptured-duck/the-ruptured-duck-1.160117/nursing-groups-promise-ptsd-tbi-training-1.174103#.T5yaalTophQ.email.

If you have questions on VA disability claims, contact Legal Help for Veterans, PLLC at 800-693-4800.

Brig. General Carol Ann Fausone (ret)
Veteran Advocate

Almost half of the troops that have separated from the service do not enroll in VA.

Approximately 742,000 separated OEF/OIF/OND Veterans have obtained VA health care since 2002. That’s 53% of total separated former Active Duty and Reserve/National Guard OEF/OIF/OND Veterans.

VA provides five years of cost-free health care to OEF/OIF Veterans for any injury or illness associated with your service.

If you are part of the 47% who have NOT signed up for VA health care, what are you waiting for?

There are four ways a Veteran can enroll for VA health care…

1)  In person

2)  Online

3)  By Phone

4)  By Mail

Do it now. That is an order!

More info: http://www.oefoif.va.gov/healthcare.asp

If you have any questions on a VA disability claim, contact Legal Help for Veterans, PLLC at 800-693.4800.

Jim Fausone
Veteran Disability Lawyer

For those seeking justice through the Veterans Affairs Department, patience might need to be a bit more than just a virtue. In a statement last week the VA announced it’s facing a backlog of 897,566 disability claims, with more than 65% pending for more than 125 days. Since 2008, the VA has seen a 48% increase in claims and its most recent error rate was listed at 16%.

Unfortunately, the situation is only expected to get worse. Officials believe that by the end of year the backlog number will have grown to over 1.2 million and they expect an additional 50,000 claims to be added in 2013, due to the veterans returning fromIraqandAfghanistan.

Although the backlog numbers demand attention, some believe there are other, more important things to focus on, including VA training, the error rate, and improving the VA’s rating decisions. Jeffrey Hall, assistant national legislative director for Disabled American Veterans, told House lawmakers last week….

“While the elimination of the backlog will be a welcome milestone, we must remember that eliminating the backlog is not necessarily the same goal as reforming the claims processing system, nor does it guarantee that veterans are better served.”

Assuring the public the VA was focused on these issues as well, Veterans Affairs Secretary Eric Shinseki vowed that by 2015, the error rate would be down to 2% and all claims would be handled in fewer than 125 days. Shinseki stated to reach these goals, the VA will roll out its paperless Veterans Benefit Management System to 16 regional offices by September, with installation in all offices by 2014. The VA has also announced plans to streamline disability claims by segmenting claims and allowing those that are more complex to be handled by more experience and skilled employees.

As 2015 quickly approaches, only time will tell if Shinseki’s projected goals are met. While some are optimistic, budget cuts and the growing backlog keep many skeptical.

To learn more or see the original article, please visit: http://www.nationaljournal.com/congress/va-s-disability-claims-backlog-pushes-900-000-20120419?mrefid=mostViewed.

If you have questions on VA disability claims, contact Legal Help for Veterans, PLLC at 800-693-4800.

Kristina L. Derro
Veteran Disability Lawyer

Many organizations have many different ideas on how the VA could alter their current procedures to better expedite veteran relief. With our nation having just ended over a decade’s worth of war, the VA is struggling with providing hundreds of thousands of returning veterans the mental care and compensation they deserve.

As one possible solution to this problem the Veterans for Common Sense (VCS), a non-profit veterans advocacy group, has recently asked the 9th Circuit Court of Appeals to rule on whether the federal courts are able to aide in the distribution of VA resources. In doing so, the VCS hopes the courts will alter the VA’s claims procedures, create an accelerated appeals process, and convert the claims-adjudication process into an adversarial proceeding.

In their decision on May 7, 2012, the 9th circuit answered by saying federal courts do not have the jurisdiction to afford the relief the VCS seeks.

“Congress, in its discretion, has placed judicial review of VA claims only with The United States Court of Appeals for Veterans Claims and the Court of Appeals for the Federal Circuit,” stated Judge Bybee.

Judge Bybee went on to say that even if jurisdiction did lie with the 9th circuit, the VCS’ requested relief would transform the adjudication of veterans’ benefits into a “contentious, adversarial system—a system Congress has actively legislated to avoid.”

To learn more or see the original 9th Circuit opinion, please visit: http://www.ca9.uscourts.gov/datastore/opinions/2012/05/07/08-16728.pdf

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