by Jim Fausone
Veteran Disability Lawyer

Banks and mortgage companies continue to step in it.  There are state and federal laws which protect service members from home foreclosure when they are active duty.  But Michigan recently had a case go to trial, and settle before the jury decided the case, on just this issue. 

An Iraq War veteran settled his lawsuit against the bank that foreclosed upon and sold his house while he was overseas. James Hurley, 45, settled the lawsuit against Deutsche Bank Trust Co. and Saxon Mortgage Services on Thursday in the second week of a US District Court trial. Terms of the agreement are confidential .  Sgt Hurley owned a house in Hartford, in Van Buren County, before foreclosure proceedings began in 2004.  The settlement will not even the score for the 7 years of grief and aggravation he suffered. 

This problem is so pervasive that Michigan Attorney General Bill Schuette recently issued a statement reminding banks and mortgage companies of this type of foreclosure is illegal. ”Michigan service members should not be foreclosed upon while on active duty,” said Schuette.  “State and federal law offers legal protections to ensure our military families have a roof over their head while Mom or Dad fights for our freedoms.”    A congressional investigation was launched earlier this year to investigate reports of financial services companies foreclosing on military families and overcharging thousands for mortgages in violation of the federal Service members Civil Relief Act.  This is why it is important for veterans and service members to know their rights.

http://www.michigan.gov/ag/0,1607,7-164–252507–,00.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, Veteran Lawyer

We have written about the MST problem before.  Military Sexual Trauma broadly covers rape, sexual harassment and discrimination.   We deal with the aftermath when veterans seek compensation for MST.   About 80 percent of unwanted or threatening sexual acts are not reported. Victims who report abuse to their superiors often face social isolation, retribution and counter accusations. 

The ACLU has filed a suit seeking information on the number of acquittals, convictions and sentences, the number of disability claims related to sexual trauma that were accepted and rejected, and the number of sexual harassment complaints.  The government prosecutes 8 percent of military sex offenders, while 40 percent of civilian sex offenders are prosecuted, according to the lawsuit.  This disparity in prosecution affects the handling of claims by VA as no contemporaneous records exist to establish service connection.

Let’s see if  a federal  court can force DOD to provide the information requested, if it helps stop MST and  helps in getting veterans compensation for MST.

Read more at:  http://www.npr.org/templates/story/story.php?storyId=132032056

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

A recent decision by the Court, on one of our client’s claims, stressed the importance that VA must get a medical opinion before it summarily declined to refer an issue for extraschedular consideration for unemployability. Our client worked as an accountant, handling his clients’ taxes. He was forced to stop working because his hearing loss was so debilitating that he was prevented from talking with and understanding his clients. Fearing that he would accidentally submit something erroneous to the IRS because he did not hear his clients correctly, he stopped working. VA refused to refer our client’s claim for consideration for unemployability because it determined that the Veteran could still perform the physical and mental acts required by being an accountant, he just could not hear and understand his clients.

After we submitted our legal argument, the Court determined that the VA was wrong by not referring the case to a physician to make a determination on the effect the Veteran’s hearing loss had on his ability to remain employed. The Court chastised VA for using its own unsubstantiated opinion, and not relying on independent medical evidence from a physician on the topic. After all, one can reason that if the Veteran could not hear his clients, he would be unable to hear and understand any other employer as well.

by Jim Fausone

VA announced  that on November 1st it has finally started making payments under the new AO rules. Providing initial payments – or increases to existing payments – to the 200,000 Veterans who now qualify for disability compensation is expected to take several months.  The three new presumptive diseases which have been in the press all year are:  B-cell (or hairy-cell) leukemia, Parkinson’s disease and ischemic heart disease. 

To read more about the VA’s efforts in this area read http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1991

by Jim Fausone

VA has begun releasing forms on specific disabilities for use by its physicians.   This initiative marks the beginning of a major reform of the physicians’ guides and automated routines that will streamline the claims process for injured or ill Veterans.  79 different disabilities are to get the new forms.  This initiative will also help automate the medical records system at VA.     For Veterans who receive their care from private physicians, VA has placed the disability benefits questionnaires on its Internet site http://www.vba.va.gov/disabilityexams/with instructions for physicians to submit examination results on Veterans’ behalf.

To read more about this change click on  http://www.veteranstoday.com/2010/10/26/new-medical-forms-will-streamline-veterans-claims-process/

by Jim Fausone

The story is not that unusual - a service member suffering from psychological problems starts to self medicate, gets kicked out of the service and loses access to VA benefits. Veterans advocates see cynical forces at play in the use of administrative discharges for reasons including misconduct, personality disorder and adjustment disorder — defined as an excessive reaction to a stressful event, with symptoms similar to PTSD. 

The Department of Defense stands to save between $5 billion and $20 billion in lifetime health care and benefits to the estimated 10,000 to 20,000 veterans with so called dubious discharges.  Department of Defense officials have denied they use improper discharges as a cost-saving measure and say discharge policies continue to evolve as they learn more about PTSD and traumatic brain injury.   If you like a conspiracy, this has all the makings needed.  Read more at:

http://www.statesman.com/news/texas-politics/bad-paper-dischares-can-stymie-veterans-health-care-950891.html?srcTrk=RTR_781143

by Jim Fausone

We get asked all the time – “can you make VA move faster on my claim?”  My answer is “No one can make VA move fast”.  The US Supreme Court just agreed with me.  On Monday the Supreme Court announced it will not hear a case challenging a lack of speed by the government.

The Vietnam Veterans of America and the Veterans of Modern Warfare allege that the VA takes far too long to process claims made by its members and for all veterans. The groups wanted a ruling that would force VA to respond within 90 days for all initial claims and 180 days to resolve appeals. The lower federal courts ruled against the veteran groups on a variety of issues and the US Supreme court refused to take up the case.  Apparently no one can make the VA beast move in a timely fashion. We will see if Congress takes up this challenge now that the US Supreme Court has declined.

To read more: http://liveshots.blogs.foxnews.com/2010/10/04/vets-groups-lose-at-supreme-court/#ixzz11U5ozZcw

by Kristina Derro

The VA has recently agreed to review the cases of nearly 17,000 “Brown Water” Vietnam Era veterans who have claimed disabilities related to Agent Orange exposure. VA previously denied a number of these claims without properly determining whether they served in Vietnam’s inland waterways (“Brown Water”) or in other locations where they would have been exposed to Agent Orange and other herbicides.

Many of these claims were held by VA while litigation was ongoing concerning “Blue Water” veterans and their exposure to herbicides, and were later denied. A review of these claims found that many of the so-called “Blue Water” veterans actually served in “Brown Water” or inland waters of Vietnam, and should have received the same presumptions of service-connection as those veterans who had “boots on the ground” in Vietnam. Unfortunately, their claims were denied by VA without looking up proper documentation to prove whether they actually served in “Brown Water”.

This recent agreement by VA allows certain veterans who were previously considered “Blue Water” veterans to have their claims reevaluated for evidence of “Brown Water” service, or evidence of service in other locations where VA acknowledges that herbicides may have been used.

by Jim Fausone

Time is running out to apply for retroactive bonus pay for 145,000 military personnel who were forced to remain on duty beyond their original discharge date, following the September 11th attacks. Congress has approved back pay of $500 for each month of involuntary service; the average lump-sum due is between $3,500 and $3,800. Applications must be submitted by October 21, 2010. The DoD is still trying to track down about 90,000 veterans.  I suspect a large number of the missing veterans are National Guard and Reserve troops.  You can submit your application online at www.defense.gov/stoploss.  If you have a relative or friend that maybe eligible for this payment, please pass the information along.

by Jim Fausone

There has been some confusion on whether a veteran with a Traumatic Brain Injury is entitled to a Purple Heart. In a sign of confusion over the issue, the Pentagon’s chief spokesman said last week that soldiers with concussions were not eligible for the Purple Heart. DOD then took the position that “While not every service member exposed to IED blasts will suffer the lasting consequences associated with TBI, every service member who is exposed to an enemy generated explosion and receives medical attention should receive the Purple Heart”. It is reported that some Army commanders and medical officials were not award the Purple Heart for concussions. Read more about the problem below:

http://www.propublica.org/article/congresswoman-calls-for-review-of-purple-heart-decisions