Jim Fausone
Veteran Advocate

A scientist is alleging that the Department of Veterans’ Affairs is hiding data.

According to a scientist for the VA, the agency’s Office of Public Health has been hiding research which indicated that vets have been affected by exposure to toxins since the Persian Gulf War.

Steven Coughlin quit working at the VA in late 2012 due to what he called “serious ethical concerns.” He testified to the House Subcommittee on Oversight and Investigations that the VA’s public health office is invested in hiding evidence of illnesses attributed to the Gulf War. Evidence that has been released, alleges Coughlin, has been recalibrated to look “unintelligible.” He also said that his office did not release their findings as part of a study which cost as much as $10 million and which found exposure to oil well fires, pesticides and other toxins for as many as 60,000Iraqand Afghan war veterans.

Coughlin also stated that a study which was congressionally mandated regarding Gulf War vets and family was not released, and alleges that he was told the results of the study were “permanently lost.” He said that research which points to Gulf War illnesses as neurological was unlikely to be released, and that one of his supervisors threatened to retaliate against Coughlin when he did not want to intentionally leave out data.

The chief of the VA’s public health and environmental hazards office, Victoria Davey, has stated that her office maintains strict analysis and publishing guidelines, but she did not address directly the allegations made by Coughlin. The VA has issued a statement that the VA Office of Research Oversight will be reviewing the claims put forth by Coughlin, and that they took every opportunity to seriously and fully pursue allegations of malfeasance.

Coughlin’s claim includes allegations that he was told to not examine data on the number and type of medical visits and hospitalizations as part of his research on burn pits and health issues among troops inIraqandAfghanistan.IraqandAfghanistanwar vets reported a number of debilitating respiratory issues many believe may be the result of inhaling trash burn pit smoke located in combat zones. Coughlin stated that he was threatened after informing his supervisor that he would not continue his research project with redacted information.

Gulf War vets returned to the States after 1991, and have reported numerous medical issues. While the VA has recognized some medical issues as the result of Gulf War service, many vets have been told their medical issues are psychologically based.  The VA formally recognized nine illnesses resulting from Gulf War service in 2010.

The VA has spent an estimated $120 million on research since 2002 to determine the origins of Gulf War illnesses, but some researchers allege that a portion of the funds never made it to back the research. They also allege that ten million dollars from the fund went to the “Gulf War Biorepository Trust,” a brain bank for vets with ALS. But of the 60 brains in the bank, all but one was from older vets, not ones who served in the Gulf War.

Source
http://www.military.com/daily-news/2013/03/14/whistleblower-va-hiding-veteran-health-data.html?col=7000023435630&comp=7000023435630&rank=1

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 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

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

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 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/

Kristina Derro, Esq.
Veteran Advocate

The water at Camp Lejeune, a Marine base that began operating in 1941, isn’t just bad – it’s unprecedented, according to a new federal report.

The study, conducted by the Agency for Toxic Substances and Disease Registry, created a historical model to estimate the levels of carcinogens in the drinking water from 1953 to 1985.  To accomplish this, the scientists examined data from tens of thousands of federal and state documents during the period when the water wasn’t tested.

The results of the study, which are considered highly reliable, are staggering.  Certain carcinogenic substances are believed to have reached levels 33 to 153 times higher than what federal regulators consider safe.  These toxic chemicals came from several potential sources, including industrial solvents used at the base.

While it has been known for years that the water at Camp Lejeune was contaminated, the release of this report renews serious health concerns for the more than 1 million people that lived and worked on the base from 1953 to 1985.

Richard Clapp, an epidemiologist who peer-reviewed the study, said that the findings are dramatic and that Camp Lejeune is the most highly contaminated drinking water in the U.S. that he is aware of.  Residents of the base have reported a wide range of types of cancers, including more than 80 instances of men diagnosed with a rare form of breast cancer.

The Marine Corps has not yet commented on the results of this study.  Former residents are hopeful that the government will conduct a cancer incidence study to determine if the contaminated water has caused abnormally high cancer rates.  Unfortunately, without legislation, a study is unlikely to occur.

To read the original article, please visit:
http://www.tampabay.com/news/report-camp-lejeune-water-contaminated-at-unprecedented-levels/2108929

If you are a veteran with questions about obtaining government benefits, contact Legal Help for Veterans, a practice group of Fausone Bohn, LLP, in Northville, Michigan at 800-693-4800 or online at www.legalhelpforveterans.com.

Kristina Derro
Veteran Advocate

Here at Legal Help for Veterans, PLLC, we pride ourselves on going the extra mile for our veterans. One example is that a veteran client of ours needed a wheelchair. We are currently working to get her service-connected for her orthopedic issues. Since she isn’t service-connected yet, VA will not provide her with the wheelchair that she so desperately needs for free. Since she is on a tight budget, it’s not possible for her to purchase one on her own.

As a result, we worked with the Disabled American Veterans (DAV) in Minnesota to determine that it had an “assistive equipment closet”. The DAV would then loan out the assistive equipment (ex. wheelchairs, canes, walkers, etc.) to local veterans. In this case, the DAV was happy to loan our veteran the wheelchair that she needed.

We find that many times resources are available to help veterans, but oftentimes veterans simply do not know where to turn or get too frustrated to solve the problem. Brig General Carol Ann Fausone (ret), who has contacts all over the country, notes “Whenever I ask a veterans service organization to help, it does not matter where in the country the veteran is located. I always find a partner to assist veterans”.

Our goal at Legal Help for Veterans, PLLC is to ensure that America’s veterans are taken care of. Even if the situation isn’t involving an area of law that we handle, we ensure that we assist the veteran in any way that we can.

James Fausone
Veteran Advocate

Currently there are an estimated 2,500 dogs deployed oversees to assist American troops, sent into situations which include detecting explosives and chasing down an enemy while facing combat and gunfire. It is estimated that each military dog saves approximately 150 soldiers during its years of service. Though in past conflicts, such asVietnam, military dogs were given away, euthanized or abandoned, today,  a law was passed in 2000 to ensure that canine troops were well-treated. Some 400 military canines are retired from service every year, and adopted into new homes.

Robby’s Law, signed in 2000 by President Clinton, allows for the adoption of working dogs (as well as working horses) owned by the Department of Defense — adopted by their handlers, by civilians with training in their care, and by law enforcement agencies. Robby’s Law also requires an accounting of all dogs; the Secretary of Defense must submit an annual report which documents all of the dogs adopted under the program, the dogs still awaiting for adoption, and the dogs that were euthanized, and why (the official policy is that euthanasia is used if the dog is too aggressive to be rehomed, or to prevent suffering).    

Dogs have a long history on the battlefield.  They were used in battle by Attila the Hun and Frederickthe Great, by ancient Britons, Greeks, Egyptians, Persians, and Slavs. During World War I, dogs were used in the military by Belgium, Germany, France and Russia as scouts, as carriers, and to help find the injured on the field. In The U.S., dogs were officially trained starting in 1942, for the U.S. Army. More recently, military dogs have served in Afghanistan, Desert Storm, Iraq, Korea, and Vietnam. After service, a dog is not left in the combat zone, but is brought back to their duty station.  

Unfortunately, military dogs are still classified as “military equipment,” and, as such their transport from their duty station to a new, nonmilitary life is not paid for by the government. The burden is on the dog’s new owner to get it home. Currently there are at least two bills proposing that military dogs be reclassified as “canine members of the armed forces” and are awaiting attention from Congress.

There are organizations dedicated to working for these dogs, as well. The nonprofit organization Operation Military K-9 ships care packages to military working dogs and their handlers in the field. The public is invited to donate money or send their own care packages from a list of much-needed items U.S. War Dogs Association works to assist injured military dogs and their handlers recover back on U.S. soil. Military Working Dog Adoptions and Save A Vet work to heighten public awareness of the issues and needs of military working dogs.

Sources
http://communities.washingtontimes.com/neighborhood/world-our-backyard/2013/jan/11/military-working-dogs-today/
http://security.blogs.cnn.com/2012/01/06/when-a-dog-isnt-a-dog/