Jim Fausone
Veterans Disability Lawyer

The VA compensates veterans for primary and secondary disabilities connected with service.  Traumatic Brain Injury is a signature injury of Iraq and Afghanistan wars because of IED.  So it is good news that VA is considering the secondary effects of TBI.  Last week  VA began the process of adding five illnesses — unprovoked seizures, dementia, Parkinsonism, some hormone deficiencies and depression — as “secondary” illnesses connected to a proven TBI injury.   Researchers from the National Academy of Sciences’ Institute of Medicine have found relationships between brain trauma and these other illnesses.  VA does not anticipate significant changes because of the new rule change, because the secondary illnesses still require an existing TBI diagnosis. Those of us who work with VA would disagree because the recognition of these secondary conditions eliminates proving such to VA which can take years and every RO treats these matters differently.  A secondary condition recognition will force that a national standard be applied.

http://www.stripes.com/news/va-relaxes-rules-for-benefits-for-tbi-related-illnesses-1.199762

Veterans and current military personnel have a higher rate of traumatic brain injury and post-traumatic stress disorder than do non military, states Peter Gutierrez, the co-director of the Military Suicide Research Consortium inColorado. Individuals with traumatic brain injury or post-traumatic stress disorder are more prone to suicidal and self-harming behaviors. Gutierrez’s consortium has paired with theU.S. military and additional research scientists to work to better understand and prevent self-harming behaviors and suicidal acts.

According to recent data from the Department of Veterans Affairs, the number of suicide attempts and other self-harming behaviors among veterans who served inAfghanistan andIraq was at the highest levels for two years after active duty and declined 50 percent between four and six years after active duty had ended.

“Our veterans need a broad and comprehensive support system to help them transition to civilian life and get the assistance they need,” stated veterans attorney James Fausone.

Still not widely understood is whether currently returning veterans, those who served inAfghanistanandIraq, have a higher rate of suicide compared to other veteran groups from previous wars. A study from the VA released this summer determined that the suicide risk for veterans of Afghanistan and Iraq who have been diagnosed with one or more mental health issues condition was four times higher was four times higher than for veterans without a diagnosed  mental health issue. Additionally, male veterans were found to be more than 200 percent more likely to commit suicide than males who were not military veterans.

The risk for suicide does not seem to significantly decrease for veterans who pursue higher education. According to a study from the University of Utah, “Student Veterans: A National Survey Exploring Psychological Symptoms and Suicide Risk,” presented to the American Psychological Association, almost 50 percent of currently enrolled college students who served in the military have reported that they have considered suicide, a rate dramatically higher than for those college students who are not veterans. The need for adequate mental health support both for nonstudent and student veterans is of utmost importance, said study head, M. David Rudd. Researchers surveyed more than 500 veterans; 98 percent served in wars inAfghanistan orIraq. Of those surveyed, almost 50 percent reported suicidal thinking, 20 percent indicated that they had experienced not only suicidal thoughts but also a plan.

http://www.statesman.com/news/news/100112-veterans-suicide-risk/nSPh4/

Kristina Derro
Veteran Disability Lawyer

The U.S. Army is currently awaiting the delivery of 1,000 blast sensor packs to help specialists assess how soldiers are affected during and after exposure to explosions. The packs, called Soldier Body Units (SBU), consist of four sensors: the sensors collect data from the head and chest areas when soldiers are exposed to explosions to help determine if the blast could – or did – lead to a concussion or traumatic brain injury.

The SBU, which is worn like a small backpack, weighs a mere two pounds, and is always recording information, collecting data as part of a larger system, the Integrated Blast Effects Sensor Suite (I-BESS), which included sensors that are placed in vehicles for a wider range of blast environment assessment. Previous blast gauge systems recorded data only when sensing “overpressure.”

The sensors were developed in a joint project between the Georgia Tech Research Institute and the U.S. Army’s Rapid Equipping Force (REF). The goal is to have the new sensor system in place in time to deploy them with troops in Afghanistan before their scheduled withdraw in 2014. The data collected will then be processed by the Joint Trauma Analysis and Prevention of Injury in Combat, and the information examined by medical professionals to help assess when soldiers have had undetected head injuries.

Currently, the sensors cost approximately $2,500 each to produce – a steep climb from just $75 per unit to manufacture the old blast gauges, but the hope is that the cost will drop as SBUs are mass produced and the design is streamlined. The Army also is working to install floor-and seat-mounted accelerometers in more than 40 vehicles, to measure blast impact on soldiers who are inside vehicles when hit by improvised explosive devices. Engineers plan to install I-BESS sensors into vehicles currently in Afghanistan, rather than ship new vehicles there.

http://www.dailytech.com/US+Military+Receiving+Updated+Blast+Sensor+for+Head+Injuries/article25286.htm

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 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

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

by Kristina Derro

Cooperative efforts between the VA and several local state courts have allowed for the implementation of a specialty court. These specialty courts around the state of Michigan (with many others in different states as well) give service members from World War II up through the recent Iraq and Afghanistan conflicts rehabilitation from drug addition, alcohol abuse, theft, vagrancy, and other nonviolent crimes that stem from post traumatic stress disorder (PTSD), traumatic brain injury (TBI), or other war-related symptoms.

It is up to the local court, through its judges, staff, and probation department, to adjust their dockets to allow for the program. However, the treatment itself is paid for entirely by the VA. It is a unique way of handling non-violent crimes instead of the usual jail-time or probation. It allows the veteran to be treated for the underlying conditions leading to the commission of these crimes in the first instance.