Jim Fausone
Veterans Disability Attorney

One of the upcoming problems for veterans is understanding how their VA health care and Obama Care fit together.  Since no one seems to understand how the Patient Protection and Affordable Care Act  (Obama Care or PPACA) will work come January 2014, it seems a little bit of a stretch to think veterans can figure out how to coordinate these different federal health care programs.   Roughly 40 percent of the 22.3 million military veterans receive health care services from the VA.  Some veterans are eligible for both VA health care and Medicare, Medicaid or Tricare. About half of veterans have private insurance.  Approximately one in 10 veterans younger than 65 are uninsured.   About 4 in 10 uninsured veterans are covered by Medicare. How will all this work.  Again no one is exactly sure and how a veteran will get good advice is unclear.  The article below provides some insight.

http://www.washingtonpost.com/national/health-science/for-veterans-health-care-law-offers-new-options–and-struggles/2013/05/03/c8fc6e8c-b29e-11e2-bbf2-a6f9e9d79e19_story.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 a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

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 Defense Department announced that the plans for a new medal for drone pilots and cyber warriors have been canceled.

A number of groups representing military associations and vet service organizations had lobbied the White House to instruct the Defense Department to lower the ranking of the new drone medal. They would like the Distinguished Warfare Medal to be ranked below the Bronze Star and the Purple Heart.

The Distinguished Warfare Medal had been announced by former Defense Secretary Leon Panetta. The new Defense Secretary, Chuck Hagel, then asked the Pentagon to review the metal’s ranking after public outcry. The 19 organizations banded together as part of the request stated in their letter to president Obama that they would like the Distinguished Warfare metal to be demoted to below the Purple Heart, and were soliciting the president’s “personal involvement.”

The groups included The American Legion, The Military Order of the Purple Heart, the Veterans of Foreign Wars, Vietnam Veterans of America, and other associations representing both active duty and reserve duty members of the Navy, Army, Air Force and Marines.

The Distinguished Warfare Medal was to be awarded to recognize the actions of the drone pilots and cyber warfare specialists when they have “a direct impact” on operations of combat. But critics said they were concerned that decorating a service member who may be hundreds or even thousands of miles from active action would be given precedence over those who risk their lives and are not fighting from remote, secure locations.

The Distinguished Warfare Medal was to rank just below the valor award that is the Distinguished Flying Cross, and above the Bronze Star and the Purple Heart. Drone operators and cyber warriors can contribute tremendously to any combat operation in which they are involved, critics agreed, but they argued that the proposed new medal awarded to individuals who do not physically serve in a war zone and yet would be ranked above injury and valor medals from physical combat seemed unjust.

President Obama could, as Commander-In-Chief, order the medal’s ranking be changed or direct the Defense Secretary to do so, said former Assistant Secretary of Defense for Manpower and Reserve Affairs Lawrence Korb. But with the Department of Defense withdrawing the plan, neither Obama nor Hagel needed to do so.

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

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

Kristina Derro
Veteran Advocate

The federal government, in an attempt to address its long-term debt problem, has proposed changes to the way it calculates inflation for VA disability payments. Currently, government benefits (ex. VA disability benefits, Social Security benefits, etc.) are adjusted according to inflation. In an attempt to save some money, the government has endorsed using a slightly different measure of inflation to calculate Social Security benefits. This would allow the benefits to still grow, but at a slower rate.

The conventional Consumer Price Index (CPI) measures changes in retail prices of a constant market of goods and services. The Chained CPI (the variation that the government wants to utilize) considers changes in the quantity of goods purchased, as well as the prices of those goods. So, for example, if the price of steak goes up, many consumers will buy chicken, a cheaper alternative to steak, rather than buying less steak or going without meat.

Supporters of Chained CPI argue that it’s a truer indication of inflation. However, it tends to be less than the conventional CPI. Under the conventional CPI, disability payments increased 1.7 percent this year. Under Chained CPI, the disability payments would have only increased 1.4 percent.

There has been talk by the government to apply this alternative inflation measure to VA disability payments for nearly 4 million veterans, as well as pension payments for 500,000 low income veterans and surviving families. However, veterans groups are rallying together to fight any potential change in the calculation. The argument is that the veterans have already suffered through their wounds and sacrifices while in service, and now they would be unduly burdened while they are trying to recover from those wounds. The groups are complaining that the government is attempting to balance a budget on the backs of disabled veterans, which is absurd given the administration’s history of generous funding for the VA.

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

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

Jim Fausone
Veteran Advocate

Disabled vets are still waiting too long for medical benefits.

InSeattle,Washington, 25,000 disabled vets are still waiting to receive medical benefits. According to a new report, it could take a year or more for those benefits to be processed.

Claims by disabled vets to the Veterans Administration have at least tripled throughout theU.S. since 2010, and the influx ofIraq andAfghanistan returning home has helped to overburden the already-strained disability benefits system. Adding to the mix is a new, electronic medical and service record system.

“There are at least 2.1 million claims for vets currently pending before the Veterans Benefits Administration,” commented veterans disability attorney James Fausone. “These men and women deserve to better supported be by their government, and not have to wait an egregiously long time for basic benefits to which they are entitled.”

One such vet who is still trying to get his benefits is Seattle-based Aaron Bisol, who says his wait has lasted, at last count, more than 505 days. Bisol completed two tours inAfghanistanas part of the airborne infantry, and sustained a leg injury and damage to his hearing while serving. He filed his medical claims with the Veterans Administration in October 2011, and has yet to begin receiving his benefits. When he calls the VA 1-800 number, he says that he typically waits on hold for two hours before speaking with someone. 

A study recently released by the Center for Investigative Reporting found that the wait nationally for vets is 273 days, on average. The time can vary by state:Seattle vets wait an average of 323 days; andNew York City vets can wait as long as 600 days for their benefits. Even the assistant supervisor of Seattle Disabled American veterans, Greg Kotanchick, had to wait for four years for his claim to go through after hisPersian Gulf service. Kotanchick has stated that he , too, believes the new electronic records system is likely to blame for the long processing time.

The VA has stated that it anticipates the two-year backlog of claims will be cleared within 90 days once the system is fully operational and running at top speed.

 Sources
http://q13fox.com/2013/03/13/huge-va-disability-backlog-frustrates-local-veterans/#ixzz2OmCiV9qN
http://q13fox.com/2013/03/14/disabled-vet-says-hes-been-waiting-more-than-500-days-for-va-benefits/

Kristina Derro
Veteran Advocate

The wars in Iraqa and Afghanistan have dragged on for over a decade now. Since 2001, the U.S. has sent more than 2.2 million troops to battle, more than 6,600 were killed, and 50,000 were injured. This is a dismal reality of war.

However, the strides that have been made in medicine as a result of the war are astounding. The signature wounds of both conflicts, post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), have led the Department of Defense to apportion hundreds of millions of dollars for research studies and treatment.

In the past six years, the Department of Defense has invested a minimum of $2.7 billion in understanding psychological and neurological injuries. $700 million has been apportioned for TBI research which has included an effort to develop a portable diagnostic tool for TBIs. Additional funding has gone towards researching combat wounds that failed to heal, partly attributable to unique bacteria present in Afghanistan.

The VA has its own set of priorities when it comes to researching. The VA is currently faced with rehabilitating veterans who have suffered complex wounds and are considered “polytrauma”, those who have sustained injuries to more than one organ system, or have severe brain injuries, or are amputees, or were severely burned. VA has worked on improving how it coordinates care to this group of veterans. It’s also worked on developing hearing and vision implants as well as robotic prosthetic devices. It even has pioneered its own TBI program which explores different treatment modalities like personalized medicine and nerve regeneration.

There are challenges in coordinating massive research programs and implementing them for our troops and veterans. A January 2012 report by the Government Accountability Office found that the Department of Defense’s mental health and TBI research needed better quality control mechanisms to report financial data. However, despite these limitations, some of the world’s best researchers and massive amounts of money are being utilized in an attempt to assist our nation’s troops and veterans.

Jim Fausone
Veteran Disability Attorney

VA has been under tremendous criticism for the backlog of claims that it has which is approaching 1,000,000 this year.  Congress has been holding hearings on how to clear up the backlog.  Heads may actually roll at VA over this embarrassment.

So VA has to resolve the new claims being filed and the old claims waiting around. VA has been thinking about how to handle recent filings so they don’t become part of the backlog.  VA plans on computerization to assist on the new claims.  We have heard stories of a software program that will scan applications and use artificial intelligence to make the rating. Call me skeptical that rating by buzz word is a better approach.

On the backlog, VA is proposing to have raters review the oldest claims first and issue a provisional rating based on the file.  VA would not have a complete file or send out questions or send the veteran to an exam.  The VA Fact Sheet on this provisional rating states that the veteran will have up to one year to submit additional evidence to change the provisional decision.  The provisional rating can also be appealed.   Ok, I am still skeptical that this will work.  It should help some people who have good records, but other files are not developed sufficiently for a fair rating.  Time will tell if this approach cuts the backlog.

http://news.msn.com/us/vas-plan-to-reduce-backlog-met-with-skepticism#tscptme

Jim Fausone
Veteran Advocate

 To help further protect their veterans, lawmakers in Nevada have put forth a bill that makes veteran disability pay untouchable in divorce proceedings.

 The bill, AB271, was presented to members of the Assembly Judiciary Committee on Tuesday and specifies that during divorce settlements, judges cannot consider veteran disability pay when dividing assets.

Supporters of the bill state that disability pay is not taxable income and is given to the veteran to compensate them for their physical sacrifices during service. Under this view, the pay is not to be looked at as ‘earned income’ for divorce purposes, but instead as strictly a compensatory payout. 

Opponents of the bill state that disability income is intended for caregivers (potentially spouses) as well as veterans and that the pay should be considered as part of the couple’s overall financial situation.

Despite the fact that in the end no action was taken by the committee, no veterans testified in opposition to the bill.  This is an idea to keep an eye on in Nevada and maybe in other states.

To see the original article or learn more about the bill, please visit: http://ap.stripes.com/dynamic/stories/N/NV_XGR_VETERANS_DISABILITY_NVOL-?SITE=DCSAS&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-04-02-13-32-56

A nonprofit is working to connect returning vets with innovative investors and new companies.

A new nonprofit organization based in Milwaukee, with funds from the U.S. Department of Veterans Affairs’ innovation initiative, is supporting entrepreneurial vets.

“Veterans often are educated in the most cutting-edge technologies available,” stated veterans disability attorney James Fausone. “And they have the discipline and drive to succeed.”

The nonprofit, VETransfer, is working with current and returning veterans to help them find the funding and the support they need to launch startups ventures. Cofounders Greg Meier and Nick Weichert believe in focusing on getting small business up and running by pairing them with entrepreneurial vets, and by equipping and financing vets with the resources they require to launch their own projects.

VETransfer does not provide companies or startups with the financing they need; they introduce the right clients to the right investors. They also provide free office space and internet access, and the staff helps develop business plans and navigate regulations.

More than 400 vets have gone through the extensive program at VETransfer since 2011, working with everything from game developers to companies that specialize in frozen foods. While the actual jobs are, for now, based in Wisconsin, there are virtual classes that are utilized by vets across the U.S.  The business incubator worked with more than 100 veterans in just the first four months it was running.

Founders Meier and Weichert reportedly are looking at how to expand the program to include more vets; more extensive virtual classes are being considered for areas with concentrated populations of vets, including California, Florida, Washington D.C. and Texas. With current estimates indicating that there will be at least one million vets in theU.S.by 2016, VETransfer is looking for additional funding sources, including grants and donations to help expand their program offerings.

While VETransfer does not and cannot guarantee the success of any venture, the founders are optimistic. So is the VA; based on the success of VETransfer, the VA may be launching another business incubator in the next year via its innovation initiative funding program.

Source

http://www.forbes.com/sites/karstenstrauss/2013/03/05/from-war-veterans-to-entrepreneurs-video/

Jim Fausone
Veteran Advocate

The unemployment problem in the country has been the focus of commentary for the last few years. According to the Bureau of Labor Statistics, the unemployment rate for female veterans was 8.8% in January 2013, compared to 7.5% for men and 7.7% for female civilians. And with an unemployment rate of about 20% for members of the National Guard and Reserve, they are faring far worse in the job market.

A focused effort to employ our returning military has been mounted with support from the President and every Governor.  However, the statistics are still staggering and the nation must recognize the impact service has on interrupting the employment path for our military men and women.

The resources available are considerable for to military veterans searching for employment.  But the unemployment stats persist. One detailed article on the problem and the resources available can be found at

 http://www.onlinecollege.org/2013/02/21/the-war-home-the-struggle-veterans-find-jobs/

Winchester Consulting Group is a full service government relations company.  Winchester Consulting Group is looking for opportunities to work with and promote Vet-centric groups.  They are currently working with The Veteran Advocate LLC, an SDVOB/Woman owned business run by Brigadier General Carol Ann Fausone (ret.) regarding assisting veterans in Wayne county.  Winchester Consulting Group is a related entity to Fausone Bohn, LLP which is the law firm that began Legal Help for Veterans.

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