By Jim Fausone
Veteran Disability Lawyer

When you are sick and no one knows why it is frustrating.  If you are a veteran and believe that the undiagnosed illness is service related the frustration is heightened by VA’s refusal to grant disability compensation.

Veterans of the Persian Gulf War with undiagnosed illnesses have an additional five years to qualify for benefits from the VA. “Not all the wounds of war are fully understood,” said Secretary of Veterans Affairs Eric K. Shinseki. “When there is uncertainty about the connection between a medical problem and military service, Veterans are entitled to the benefit of the doubt.” A recent change in VA regulations affects Veterans of the conflict in Southwest Asia.  Many have attributed a range of undiagnosed or poorly understood medical problems to their military services.  Chemical weapons, environmental hazards and vaccinations are among the possible causes.  At issue is the eligibility of Veterans to claim VA disability compensation based upon those undiagnosed illnesses, and the ability of survivors to qualify for VA’s Dependency and Indemnity Compensation.

Under long-standing VA rules, any undiagnosed illnesses used to establish eligibility for VA benefits must become apparent by Dec. 31, 2011.  The new change pushes the date back to Dec. 31, 2016.

http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2239

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

by Jim Fausone
Veterans Disability Lawyer

Since we have over 600 veteran clients fighting to obtain the disability benefits they deserve, we see a lot of vets who have had problems with the VA system.  While the VA health care system is one of the best in the country it is a challenge to have the resources in the proper area at the necessary time.  Our veteran clients seem to have the most problems with VA in receiving treatment for their mental health and orthopedic disabilities.

A recent survey of VA social workers, nurses and doctors reports that more than 70 percent believe the department lacks the staff and space to meet the needs of growing numbers of veterans seeking mental health care. 

The challenge of balancing the demand for services and the available resources is seen by the numbers. Last year, more than 1.2 million veterans were treated by the VA for a mental health problem, including 408,000 with a diagnosis of post-traumatic stress disorder. By comparison, 934,000 were treated for mental health problems four years earlier.

The VA is responding to this tidal wave of need for mental health services by increasing staff 47%. The Congress is also keeping an eye on this problem.  Read more -

http://www.washingtonpost.com/politics/va-lacks-resources-to-deal-with-mental-health-survey-finds/2011/10/03/gIQAhpuJJL_story.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

by Jim Fausone
Veterans Disability Lawyer

VA has initiated a new program to help veterans with TBI. DOD has proven that cognitive rehab helps servicemen with TBI.  VA is now conducting a pilot program pushing that rehab out to recent veterans using the private sector.   The program helps veterans with moderate to severe traumatic brain injuries who need long-term residential care by placing them in high-quality rehabilitation facilities that are closer to their homes and families.  This avoids the cost and trauma of an institutional or hospital setting.

Michigan has great rehab facilities because of its long history of supplying health care to automobile accident victims under its unique no fault insurance programs.  Origami Brain Injury Rehabilitation Center, a Mason Michigan facility, was selected by the U.S. Department of Veterans Affairs to take part in a cutting-edge pilot program.   Origami is one of 21 facilities in the nation to launch the Assisted Living for Veterans with TBI pilot program.

This is a great idea of using existing resources to medically service our veterans.  VA does not have to re-invent the wheel and more people can be helped by the private sector’s ability to scale up or down as needed.  Read more at:

http://www.mlive.com/lansing-news/index.ssf/2011/09/greater_lansing_facility_treat.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

by Kristina Derro
Veteran Disability Lawyer

The VA has updated the list of U.S. Navy and Coast Guard ships that have operated on Vietnam’s inland waterways, docked on shore, or had crewmembers sent ashore. The veterans who served on these ships during the time frame in question will be considered to have presumptive exposure to Agent Orange, allowing them to receive disability compensation for the 14 medical conditions associated with exposure to the herbicide.

Veterans who want to know if one of the ships that they served on made the list can visit www.publichealth.va.gov/exposures/agentorange to view the exhaustive list. If veterans do not have access to the internet, they can contact VA’s Special Issues Helpline at 1-800-749-8387 and press 3 to receive a list of the ships.

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

by Jim Fausone
Veteran Disability Lawyer

Many veterans that have had a C&P exam have run into a private QTC doctor. QTC is the largest provider of outsourced medical evaluation services to the federal government and, in particular, the U.S. Department of Veterans Affairs (VA), processing more than 450,000 evaluations last year.   The VA has had a cozy relationship with QTC for years. This includes the movement from QTC to VA and back again.  For example, former VA Secretary, Dr. James Peake, was Chief Medical Director and Chief Operating Officer of QTC before becoming the Secretary and former Secretary of Veterans Affairs, Anthony Principi, was chairman of QTC. 

Now the plot thickens.  A large defense contractor, Lockhead Martin, has purchased QTC. It certainly raises the possibility that the DOD and VA interests will be placed above that of veterans at future exams.  Should veteran advocates be concerned, it seems that “independent medical” exams by QTC may be an oxymoron.

http://www.sacbee.com/2011/08/22/3853954/lockheed-martin-agrees-to-acquire.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

by Jim Fausone
Veterans Disability Lawyer

This information is from VA’s press release.   In an attempt to help get the word out, I am republishing a good chunk of that release:

“As of October 1, 2011, the Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit, also known as TSGLI, will be payable for all qualifying injuries incurred during the period October 7, 2001 to November 30, 2005, regardless of where they occurred, and regardless of whether the member had SGLI coverage at the time of the injury.  The Veterans’ Benefit Act of 2010 removes the requirement that injuries during this period be incurred in Operations Enduring or Iraqi Freedom.  

This is welcome news for the many servicemen and women who suffered serious traumatic injuries while serving stateside or in other areas outside of OEF or OIF during this time period, but until now have not been eligible for TSGLI.  TSGLI provides a payment ranging from $25,000 to $100,000 to Servicemembers sustaining certain severe traumatic injuries resulting in a range of losses, including amputations, limb salvage, paralysis, burns, loss of sight, hearing or speech, facial reconstruction, 15-day continuous hospitalization, coma, and loss of activities of daily living due to traumatic brain injury or other traumatic injuries. 

Former Reservists and National Guard members who were injured during the retroactive period and suffered a qualifying loss are eligible for a TSGLI payment even if the cause was not related to service, such as a “civilian “ automobile accident or severe injury which occurred while working around their home.  The law regarding these payments covers these individuals 24/7.   Additionally, survivors of Servicemembers who died more than seven days after their injuries are also eligible to receive a TSGLI payment if the member had a covered loss.

Although applications are currently being accepted by Branch of Service TSGLI Offices, benefits will not be paid until October 1, 2011, the effective date of the law.  For more information or to apply for a TSGLI payment, Servicemembers and Veterans should go to http://www.insurance.va.gov/sgliSite/TSGLI/TSGLI.htm.  They can also contact their branch of service TSGLI Office”

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

by Jim Fausone
Veteran Disability Lawyer

We hear from a lot of veterans with Hepatitis C which they believe was contracted in the military. Many guys feel that the air gun innoculations they received in basic training were the start of the Hep C. 

Up to 10% of all veterans in the VHA system tested positive for Hep C.  In 2000, Gary A. Roselle, M. D., Program Director for Infectious Diseases, Veterans Health Administration, Department of Veterans Affairs, said   “One in 10 US Veterans are infected with HCV”, a rate 5  times greater than the 1.8% infection rate of the general population.”  Four (4) million Americans have Hep C.

It is difficult to prove when Hep C was contracted and to establish service connection.  Some good news for veterans with Hep C is a new medicine regime.    Two newly approved Hep C drugs, Victrelis and Incivek by Merck and Vertek, have resulted in great clinical trials but the drugs are costly and can cause unwanted side effects.  Let’s see how long it takes VA to start using these new drugs.

http://www.freep.com/article/20110530/NEWS06/105300361/2-new-drug-treatments-cured-thousands-liver-disease?odyssey=mod|newswell|text|FRONTPAGE|p

http://www.hcvets.com/

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

by Kristina Derro
Veterans Disability Lawyer

The Senate Veterans Affairs Committee heard testimony on Wednesday, May 18, 2011 regarding the historically rocky transition for service members between leaving the Department of Defense (DoD) and beginning to receive medical treatment through the Department of Veterans Affairs (VA). Researchers found that increasing levels of drug abuse and suicides among recently-separated combat veterans can be partly blamed on inadequate coordination as service members are discharged from the military and become the responsibility of VA.

A lack of coordination was also found to negatively affect the treatment of combat-related injuries. At the DoD, injured service members receive state-of-the-art care, receive counseling services, and are prescribed narcotics to treat pain. When service members are discharged and begin to receive their medical care from VA, research has shown that VA improperly manages their narcotic medications, making them more likely to abuse drugs, become homeless, or commit suicide. Further, due to a rocky handoff, veterans at VA also have physicians who are unfamiliar with the course of treatment that those veterans were receiving while with the DoD.

The area of prosthetics is one example where the lack of coordination and lack of familiarity hurt the veterans. The DoD has outstanding prosthetics for its amputees. Upon arrival at VA, many VA physicians are fascinated by the high-tech devices, having never seen them before, and are more interested in examining the devices rather than examining the veterans.

Both the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs recognized the need for a truly seamless handoff from the DoD to the VA medical facilities. Recognizing the problem is the first step, however it seems that the VA has a history of being unable to rectify the problems even though they have been sufficiently identified.

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

by Jim Fausone
Veterans Disability Lawyer

The research continues on veterans and sleep apnea. A study presented in May 2011 at the American Psychiatric Association’s annual meeting suggests that sleep disturbances like obstructive sleep apnea (OSA), excessive awakening and insomnia, may be a normal result of combat experience and not specifically related to PTSD or TBI.

However, the sleep study participants did not have a higher rate of OSA than non-veteran sleep clinic participants, calling into question the commonly held view that sleep apnea and related sleep disorders are a function of PTSD and TBI. Rather, they appear to be a function of experiencing stress under combat conditions, even if that stress does not rise to the level of PTSD.

As we have written before, OSA is an increasingly approved rating by VA. You may find the article on the study of interest.

http://www.healthnewsdigest.com/news/Research_270/Sleep_Disruptions_May_Be_a_Function_of_Combat_Not_Specific_to_PTSD_or_Other_Medical_Disorders.shtml

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

by Jim Fausone
Veteran Disability Lawyer

Have you noticed that when the national press talks about the cost of war it ignores the medical costs associated with the military and veterans? The VA budget is a reminder of the prolonged cost of war. A recent analysis of the DOD budget also drives this home.

Costs of the program that provides health coverage to some 10 million active duty personnel, retirees, reservists and their families have jumped from $19 billion in 2001 to $53 billion in the Pentagon’s latest budget request. These costs are driving the President to suggest that veterans and those using TRICARE pay more for their health care. The Detroit News reports: “After years of resisting proposed increases for the military men and women who sacrificed for a nation, budget-conscious lawmakers suddenly are poised to make them pay a bit more for their health care.”

The current TRICARE fees, unchanged in 11 years, are just $230 a year for an individual and $460 for a family. That’s far less than what civilian federal workers pay for health care, about $5,000 a year. If this increase is passed on to retirees, you should expect pressure on VA to continue to raise the costs passed on to veterans.

We will have to remind Washington that the veterans are a unique group that gave the country the best years of their lives and should not now be asked to again bear the burdens of the country. Those who have never sacrificed for the country should do more – not the retirees and veterans.

From The Detroit News: http://detnews.com/article/20110509/NATION/105090339/Health-care-for-military-reaches-$53-billion#ixzz1Lsxqplu5

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