Many war veterans of Iraq and Afghanistan are facing a major health issue that has largely flown under the radar and received relatively attention in the media: chronic lung disease.

Most insidious is a rare disease called constrictive bronchiolitis. It is the obstruction and fibrosis of the distal airways or bronchioles and generally a rare condition among the young population. What makes CB tricky is that it’s also undetectable through X-rays or pulmonary function exams. One Nashville-area Army vet, who retired a few years ago after two tours in Iraq, told the Army Times after coming home that he was so easily fatigued that “I could hardly mow my yard.”

It turned out this Veteran was indeed suffering from constrictive bronchiolitis, and he is hardly alone. From 2005 to 2009, 80 soldiers coming back from southwest Asia to Fort Campbell, KY, were dispatched to Nashville’s Vanderbilt University for respiratory evaluations. Most tested negative initially, and it was not until a lung biopsy was performed that it was revealed close to half the soldiers had CB.

Some two million service members have been deployed in Iraq or Afghanistan (both in some cases) since 2001. And given the disastrous environmental conditions the troops face all day and all night in either place, it is not surprising respiratory diseases are rampant. The asthma occurrence rate among these troops is about 15 percent, far more than deployed elsewhere.

There are several factors. One of them is open-air burn pits, where soldier waste and other material are incinerated, sending toxins into the air. Desert dust, a calling card of the harsh environment, also exposes troops to all kinds of airborne fires. Industrial fires, which release sulfur dioxide and hydrogen sulfide via burning oil, are known to cause CB.

Cigarette smoking and second-hand smoke are also in the picture. The Department of Defense estimates around one-third of US military members smoke, much lower than the civilian population. Put all of these factors together, and it is a small wonder why the Veterans are facing a respiratory nightmare.

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

VA Disability Lawyer

VA claims it is at a tipping point in breaking the back of the department’s massive claims backlog.

VA maintains this because it is done with the so-called Nehmer review ordered by the Federal Court.  That was a review of Agent Orange disability claims generally for added presumptive claims that overwhelmed the system for two years.  Nearly 230,000 of those cases have been reviewed and finalized, and officials said fewer than 500 open cases remain.

The VA reports that 37% of the department’s rating staff dealt solely with these Agent Orange cases.  With the work finished, about 1,200 claims processors will begin dealing with the overall disability and pensions backlog.

More than 911,000 claims remain unprocessed, down from more than 1.4 million last year, but still up 60% from when the Agent Orange claims push started two years ago.  About two-thirds of those cases have been pending for more than 125 days, despite department promises to deal with them quickly.

The manpower can now be deployed on the backlog.  These raters have more experience than when the Nehmer review started.  Many in Congress are skeptical and have heard this claim that VA is getting its arms around the backlog before.  What else can VA say?  Veterans simply want this proven.  It is hard to be optimistic when the mail is not being filed in VA Regional Offices or claim status reports tell you it will be 525 days on average for a decision.

To read more about Congress’ concern in Stars & Stripes:  http://www.stripes.com/news/skeptics-doubt-va-s-claim-of-breakthrough-on-claims-backlog-1.180811

Kristina Derro
Veteran Disability Lawyer

American soldiers injured while on duty have an expectation that they will be taken care of when they return home. An expectation that the VA fails to live up to.

Business Week reported on Hector Esparza, an Iraq veteran who suffered brain injuries when his Humvee was struck with a rocket. He now suffers from debilitating headaches and PTSD which prevent him from working. Despite this, the VA classified him as only 60% disabled. Hector has been trying to qualify for full disability since 2009, but was recently informed by VA that it could take at least another six months before his case is even reviewed. Unfortunately, Hector Esparza’s case is all too common.

The VA is failing to keep up with the volume of disability cases filed after a decade of fighting overseas. The VA received 1.3 million veteran disability claims in 2011 – an increase of 48% from 2008. Currently, 905,000 disability claims are awaiting action, 65% of which will take longer than four months to resolve. Despite a large budget and over 14,000 employees reviewing these claims, the VA backlog continues to grow.

The Agency is attempting to speed up its claims processing. They are currently testing electronic record keeping at 16 of the 56 regional offices. Surprisingly, the VA still primarily uses inefficient paper records. So every piece of paper has to be manually placed in a veterans file. The opportunity for error is enormous.

However, what is really lacking is political pressure to hold the VA accountable. VA’s budget has increased, but no requirement for effectiveness.

Until this mismanagement and lack of oversight in the VA is corrected, Hector Esparza and nearly a million veterans like him will be forced to wait months or even years to have their disability claims reviewed. This is hardly an appropriate way to thank these veterans for their service.

To learn more or see the original article, please visit:

http://www.businessweek.com/articles/2012-06-07/the-va-backlog-keeps-getting-worse

Brig. Gen. Carol Ann Fausone (Ret)
Veteran Advocate

Women veterans suffering from post-traumatic stress disorder (“PTSD”) are more likely to have problems of urinary incontinence (“UI”), according to a study published in the June issue of the American Journal of Obstetrics & Gynecology.

This study interviewed 968 women veterans registered at two VAMCs in Iowa City and Des Moines. The study was conducted on veterans 20 to 52 years of age from July 2006 until September 2008 through the use of computer-assisted telephone interviews. The study focused on women veterans suffering from depression and PTSD.

The results of the study showed that UI symptoms are prevalent and bothersome in young and middle-aged women veterans. PTSD was found to be independently associated with UI in women veterans. However, the study found that veterans suffering from depression did not have the same association with UI as those with PTSD.

In other words, the study found that women with UI are more likely to have PTSD and poorer mental health-related quality of life than women veterans with no UI. Additional research to into the link between UI and PTSD is needed to understand this problem and perhaps provide solutions for these women veterans who have selflessly served our country overseas.

To learn more or see the results of the original study, please visit:

http://www.ajog.org/article/S0002-9378(12)00400-0/fulltext

Jim Fausone
Veteran Disability Lawyer

Death certificates for veterans will be provided at no expense to the veteran’s family.  At the Council Meeting of June 4, 2012, the Westland, Michigan City Council passed their 2012-2013 Fiscal Year Fee Schedule which, in part, addresses the cost of birth and death certificates.

Upon the recommendation of the Westland City Clerk Eileen DeHart-Schoof and with the approval of Mayor William R. Wild, the family of any United States Veteran who dies within the City of Westland will no longer have to pay for any requested death certificates.

“Over the Memorial Day weekend, I tried to think of what I could do to show my gratitude for all that our veterans have done and given.  Eliminating the cost of death certificates for any veteran who dies in the City of Westland is just a small token to the families of those who have given so much for our freedoms and liberties”, City Clerk Eileen DeHart-Schoof said.  “I believe it is the very least and the last thing we can do to thank them for all they have sacrificed”, she stated.

We at Legal Help for Veterans, PLLC salute the City of Westland and Clerk DeHart-Schoof for this final tribute to veterans.  We suggest everyone reading this blog send it along to their local clerk and start a nationwide movement for this final tribute delivered after TAPS has faded away.

For additional information, please contact City Clerk DeHart-Schoof at (734) 467-3184.

Brig. General Carol Ann Fausone (ret)

A whopping $3 billion in assets is currently owned by American veterans who are too disabled or ill to manage their own money.  To remedy this, the Department of Veteran Affairs has a national program in place to appoint family members and VA-approved fiduciaries to manage these veteran assets.  Unfortunately, this program is plagued with fraud and theft.

In the past decade, the number of prosecutions for stealing from disabled veterans has doubled in Texas.  These crimes vary in severity – ranging from $5,000 stolen up to $2 million.

For example, Waco optometrist David Fran took $126,250 from a disabled veteran in order to build up his own private business.  Similarly, a Texas man and his wife allegedly stole $2 million from two dozen veterans in a pending case described as the largest rip-off ever reported in the VA fiduciary program.

Perhaps even more heartbreaking are the stories of theft when the fiduciary is a family member.  Rose Avila stole $180,000 from her veteran brother over a period of five years, all the while telling him his VA benefits were “being saved.”

Part of the problem is a lack of oversight.  In fact, some of the VA-appointed fiduciaries even have criminal records, but were still approved.  The VA has set up a new system to improve background checks and monitoring of fiduciary activities.  Unfortunately, with 96,000 fiduciaries assisting veterans nationwide, reports of theft still remain rare.

In an effort to deter this fraudulent conduct, Texas prosecutors are pursuing even small-time family scams.

We here at Legal Help for Veterans, PLLC, hear from veterans about fiduciary abuse.  At times, we are able to intervene.  VA needs a better monitoring system and a timely dispute resolution system when veterans complain.

To learn more or see the original article, please visit:

http://www.chron.com/news/houston-texas/article/Disabled-veterans-in-Texas-fleeced-by-3571559.php#page-1

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

The Department of Veteran Affairs pension program provides financial assistance to low income veterans. Or so we thought.

According to a report by the Government Accountability Office (GAO) detailing a year-long investigation, the pension program is fraught with abuse. Over 200 financial planners and other firms have sprouted up across the country specializing in helping well-off veterans “restructure” their assets to appear indigent and therefore qualify for tax-free pensions. These pensions can pay more than $20,000 per year.

To qualify for these pension benefits, the veteran must be over 65 or permanently disabled, have served during wartime, and fall below the income threshold – $12,200 for a person with no dependents. However, by hiding assets in trusts or deferred annuities, these firms are able to get pension benefits for veterans with hundreds of thousands of dollars in assets.

While this “restructuring” of assets is not illegal under the current rules, this practice does undermine the very purpose of the pension system – aiding poor veterans. The GAO placed partial blame on the VA, calling for greater oversight and changes to the eligibility rules.

The VA said that it concurred with the GAO’s recommendations and that the department is drafting new regulations to clarify the types of asset transfers that might disqualify a pension applicant.

With over a half million veterans receiving pensions, clear regulations regarding eligibility are not just preferable, they are a necessity.

At Legal Help for Veterans, PLLC we do not handle aid and attendance claims and do not restructure assets to make veterans qualify. If you have questions, contact Kristina L. Derro.

To learn more or see the original article, please visit:

http://www.nytimes.com/2012/06/06/us/veterans-pension-program-is-being-abused-report-says.html?_r=2

The VA offers free health care and medical treatments to former military personnel. It is a much deserved benefit that is not getting used by nearly half of the eligible men and women who have served their country.

So that others can continue to enjoy the American way of life, servicemen and women of the U.S. Military branches volunteer for jobs that separate them from their family and put themselves in harm’s way. When a member of the military is injured, ill, suffers trauma, or is disabled, Veterans Affairs (the VA) is there to provide health benefits and treatment at no cost.

With two wars that drastically increased the number of deployed troops over the last decade, many veterans are coming home to rising healthcare costs and the need to receive treatment.

As more troops are fighting overseas, suffering from serious injuries and illnesses like Post Traumatic Stress Disorder (PTSD), many may find it surprising that 53% of former Active Duty and Reserve/National Guard OEF/OIF/OND Veterans have not applied for VA benefits to get treatment for their duty related illness.

Veteran’s Affairs is making an effort to reach out to these former service members to help connect them with the treatments they need. Their website (va.gov) has made it easy for veterans to submit the form 10-10EZ.

According to the VA, Military Veterans that engaged in combat after Nov. 11, 1998 can receive “enhanced enrollment eligibility” for VA health care services for 5 years. These benefits include cost-free health care from Veteran’s Affairs when treating conditions that were potentially caused during service in their “theater of operations.”

The website offers a PDF to download that can be easily filled out, mailed, or submitted online. Eligible veterans can also apply over the phone by calling the VA at 1-877-222-VETS.

The Congressional Budget Office estimates post deployment treatment of Post Traumatic Stress Disorder can cost more than $13,000. Other injuries can far surpass that and none of those expenses should be paid by the veterans. The VA was established to support the men and women that make sacrifices for their country. Those that are part of the 47% of eligible veterans that have not applied should visit the VA website or their local VA hospital to sign up.

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