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

by Jim Fausone
Veterans Disability Lawyer

We hear from over 400 veterans a month seeking our help; not knowing where to turn.  Often it is on disability matters that we can help with – such as obtaining VA disability benefits.  Some of the email requests are simply matters we do not work on – such as educational or home loan matters.  We also hear tragic stories where the system has failed our veterans.  Here is an email request we just received:

“I’m not sure I am at the right place, but I will tell you my story and let you decide. My nephew John Saxon served 4 years in the US Army spending 1 tour in Iraq for 18 months. He was honorably discharged after his 4 year commitment was finished. After 3 years of inactive duty he was recalled to spend another 1 year tour in Iraq. John has battled PTSD since his return over a year ago. He was seen by a VA doctor in Dallas approx. a month ago and was advised to see a psychiatrist and was put on psyche meds. This morning John snapped and killed his mother by shooting her and setting her house on fire. John now sits in the Grayson County(TX) jail on murder charges. My question is what if anything can your organization do and if nothing can you suggest any places I can contact for further help.”

The Army failed John when it discharged him without proper care. The VA failed John when it did not get him immediate help but simply said see another doctor.  The Country failed John when we asked him to defend our values but we did not defend him from the demons that resulted.  Although it may be too late for John & his mom, we did not want to fail this family one more time.  We pointed them to a group in Texas that should be able to help.  The importance of Post-Traumatic Stress Disorder (PTSD) and psychiatric care for our veterans cannot be overestimated.  John is a statistic of the war and now so is his mother. We have seen veteran suicide, criminal activity and homelessness rise.  Many of these problems are rooted in mental illness that needs treatment.  As we pull troops out of Afghanistan and Iraq; the Department of Defense (DOD) assists the VA in taking care of the troops after discharge.  So much more needs to be done for our returning veterans.

http://www.heralddemocrat.com/hd/News/-Homicide-MaryLeeSaxon-10-28-11-

John’s sad story is reported in the article above.  You will note that they don’t make the connection to his PTSD with his service.   Maybe we can ignore it if it’s just a deranged son and his mom in a trailer.  We should be outraged and the reporter should tell the real story.

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

We are delighted to share a happy ending to a long battle with the Veterans Administration (VA) for one of our clients. We will refer to her as “Cindy” and her husband “Max”.

With the death of her husband Max, an Army veteran of Vietnam, in March of 2001, Cindy began the long process of making a claim for dependency and indemnity compensation (DIC) benefits. She filed her first claim with the VA for DIC in 2002. After many denials of service connected death she sought out our representation in April of 2006 where our claims developer Peter Worthington began research of information that would be submitted to the Regional Office (RO) with the hopes of a new favorable decision.

Our firm was successful in obtaining a remand from the US Court of Appeals for Veterans Claims (USCAVC).  We submitted additional evidence; including a medical opinion in February of 2010 to the RO where the claim was once again denied. The medical opinion noted the veterans heart murmur in service was not related to the veteran’s cause of death. However, it did note the cause of death was due to Ischemic heart disease.  We appealed the denial from the RO to the Board of Veterans Appeals (BVA). Subsequently, Ischemic heart disease was added to the list of disabilities recognized by the VA as being related to Agent Orange Exposure.

The out-come of the review by the BVA constituted a full grant of DIC benefits for the issue on appeal of service connected cause of death. This month, over 10 years after her initial claim to the VA, Cindy received over $130,000.00 in retroactive benefits; effectively changing the course of the rest of her life.

We hope this gives those fighting for their benefits a glimmer of light at the end of a long tunnel.

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

Legal Help for Veterans, PLLC is sponsoring a free event in September that is organized by the Canton Community Foundation with funding provided by the Holbrook Charitable Trust. It will be an opportunity for veterans, their friends, and their family members to get together to learn about all the various benefits that are available from VA. The topics will include service-connected benefits, non-service connected pension, Aid and Attendance, health care, and various social services. Presenters will be VA employees, private attorneys, veteran service officers, county counselors, State of Michigan employees, and veteran-centric non-profit organizations.

It will be held Thursday, September 15, 2011 in Livonia, Michigan at Laurel Manor Banquet and Conference Center. While the event is free, attendees do need register. Attendees will also be provided with a free breakfast and lunch. For further information and to register, individuals can either access Canton Community Foundation’s website at http://www.cantonfoundation.org/ or call them at 734.495.1200.

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
Veteran Disability Lawyer

Many veterans believe that they were exposed to Agent Orange (AO) outside of Vietnam.  Those veterans want the VA’s presumptive illnesses to apply to them. The VA and DOD have limited the areas where it is recognized that AO was used and exposure was possible.  Some veterans are trying to get the Korean government to pressure the US to recognize that AO was more widely recognized than just in the DMZ.  Read about its use and burial at Camp Carroll.

http://www.stripes.com/news/pacific/korea/2-veterans-urge-s-korean-lawmakers-to-pressure-u-s-over-agent-orange-1.150062

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

It is rare for the US Supreme Court to take up a case involving veteran issues. 

In a recent decision known as Henderson, Justice Samuel Alito said, “The (Department of Veterans Affairs) is charged with the responsibility of assisting veterans in developing evidence that supports their claims, and in evaluating that evidence, the VA must give the veteran the benefit of any doubt. Rigid jurisdictional treatment of the 120-day period for filing a notice of appeal in the Veterans Court would clash sharply with this scheme.” 

Alito said Congress, in writing the veterans’ judicial-review law, had not prevented judges from looking at individual situations to see whether a deadline exception was warranted.  VA has been strict in using deadlines to kill off a veterans claim. 

Veteran disability lawyers have argued for years the Court must look at the circumstances and apply legal concepts like equitable tolling.  Now the US Supreme Court has indicated agreement. This should help veterans and tell VA to be more flexible in claim review. See the following article for more information.

http://www.armytimes.com/news/2011/03/ap-high-court-allows-flexibility-for-ill-veterans-030111/

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

We hear from veterans who served in Thailand, Korea, Japan, Philippines, etc., that claim to be exposed to Agent Orange. Boots on the ground in Vietnam results in presumed AO exposure. The evidence about certain Thailand bases is pretty solid. VA also recognizes spraying of AO around the Korean DMZ.

Under the final regulation published Jan. 25, 2011 in the Federal Register, VA will presume herbicide exposure for any veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense to have operated in an area in or near the Korean DMZ in which herbicides were applied. However, many SE Asia veterans exposed to AO at logistic depots, navy vessels, air transport do not get treated the same.

To read about the new regulations dealing with the Korean DMZ, see the following article:

http://durangoherald.com/article/20110227/COLUMNISTS17/702279993/-1/s

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       

So the government lets veterans hire lawyers, but it is not happy about that.  When the VA is wrong at the Court of Appeals, which it is about 75% of the time, VA has to pay legal fees under the Equal Access to Justice Act (EAJA).  The fees are limited, but fair.  EAJA applies to any federal claim. 

Apparently the Western politicians think environmental groups are getting fat on EAJA fees.  So the Republican House has proposed a 7-month moratorium on EAJA fees.  If the Senate passes and the President signs it into law, EAJA fees may be suspended or terminated. 

What does that mean for veterans?  Lawyers, who have to pay staff and overhead, will have to determine if they can afford to work for veterans in the Court of Appeals for free.   Veterans will have to face litigation, appellate procedures, and VA’s attorneys, without professional and trained advocates.  I suggest the government rethink using this sledgehammer.  The problem is the bureaucracy that denies people their rights, not that people prove the government’s missteps.

Write your Congressman and tell them to put the sledgehammer down and work on fixing the system.   Don’t deprive veterans of representation. 

http://www.politico.com/news/stories/0211/50075.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 Disability Lawyer

Vets were exposed to Agent Orange in Vietnam, Thailand and Korea. Veterans exposed to herbicides while serving along the demilitarized zone (DMZ) in Korea will have an easier path to access quality health care and benefits under a Department of Veterans Affairs (VA) final regulation that will expand the dates when illnesses caused by herbicide exposure can be presumed to be related to Agent Orange.

Under the final regulation published 25 JAN in the Federal Register, VA will presume herbicide exposure for any Veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense (DoD) to have operated in an area in or near the Korean DMZ in which herbicides were applied. Previously, VA recognized that Agent Orange exposure could only be conceded to Veterans who served in certain units along the Korean DMZ between April 1968 and July 1969.

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