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.

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/

Jim Fausone
Veteran Advocate

The unemployment problem in the country has been the focus of commentary for the last few years. According to the Bureau of Labor Statistics, the unemployment rate for female veterans was 8.8% in January 2013, compared to 7.5% for men and 7.7% for female civilians. And with an unemployment rate of about 20% for members of the National Guard and Reserve, they are faring far worse in the job market.

A focused effort to employ our returning military has been mounted with support from the President and every Governor.  However, the statistics are still staggering and the nation must recognize the impact service has on interrupting the employment path for our military men and women.

The resources available are considerable for to military veterans searching for employment.  But the unemployment stats persist. One detailed article on the problem and the resources available can be found at

 http://www.onlinecollege.org/2013/02/21/the-war-home-the-struggle-veterans-find-jobs/

James Fausone
Veterans Disability Lawyer

Unemployment for post-9/11 veterans continues to be at high levels.

The recent numbers confirm what many military unemployment specialists have suspected: unemployment rates for younger vets continues to outpace the numbers for unemployed civilians. Almost one in 10 returned members from Iraqand Afghanistanis unemployed. The latest numbers by the U.S. Bureau of Labor Statistics indicate that young male vets are unemployed at 9 percent, up from 7.6 percent in February of 2012.  Young female vets who reported an unemployment rate of 7.4 percent last year now face unemployment at 11.6 percent.

“Vets are returning with marketable skills, yet they continue to have trouble finding employment,” commented Tampa veterans lawyer David W. Magann.

The number of post-9/11 vets who are unemployed is 203,000 as of February of this year. This time last year, that number was 154,000. There is a growing concern that the federal budgets cuts as part of the 2013 sequestration may spike those unemployment numbers even higher.

According to the founder and CEO of the nonprofit organization Iraqand Afghanistan Veterans of America, the sequester is adversely affecting returning vets. More than one-third of the 200,000 members of Iraq and Afghanistan Veterans of America are employed in government jobs – TSA, Homeland Security, and the Pentagon. Also threatened are contract jobs for vets.

One free employment tool available to vets is VetNet, as part of a joint effort by Google and the U.S. Chamber of Commerce. VetNet is an employment database as part of the “Hiring Our Heroes” program; an outreach offering job fairs, career services and community. Now in its second year, Hiring Our Heroes has so far held more than 370 hiring fairs and has found employment for 14,100 vets and military spouses.

The media company Comcast announced in March that it along with NBCUniversal met their goal of hiring 1,000 vets, and has now pledged to “Hire our Heroes” to employ 1,000 more vets by 2015.  The vets working for Comcast and NBC Universal are employed in technology, operations, network engineering, programming, theme parks, marketing, customer service, and human resources.

Sources
http://usnews.nbcnews.com/_news/2013/03/08/17237011-unemployment-among-post-911-veterans-still-running-heavy?lite

http://www.examiner.com/article/hiring-our-heroes-and-google-launch-vetnet-for-transitioning-veterans

Jim Fausone, Esq.
Veteran Disability Attorney

The nonsense in Washington has included strangling the DOD of defense budget. With the wind down in the wars in Iraq and Afghanistan, it was inevitable that a troop draw down would occur. The pace and planning on the draw down is now coming into light. The Army is to be reduced 60,000 troops and the Marines will reduce 20,000 troops. Those who know the Veteran Affairs world will know that these 80,000 will face years of delay in getting the medical treatment and VA disability ratings to which they are entitled. Congress should not force DOD to draw down the troops without insuring that VA can take care of these men and women in the VA system. The impending cuts are independent of the $1.2 trillion in mandatory cuts, otherwise known as sequestration, which will take place next month if Congress fails to reach a preventative deal. Congress should at least try to get this right.
http://freebeacon.com/unfit-for-combat/

Jim Fausone
Veterans Disability Lawyer

The American Service Animal Society is a nonprofit program based inArizona which educates veterans with disabilities on how to care for and train their assistance dogs. If the vet does not yet have a service dog, the society helps find a suitable one from one of several rescue agencies in their area. Working with existing dogs and making new dog-owner partnerships from rescue dogs in need of a good home help both the vets and the dogs, and keeps their expenses down. The organization is doing so well that it is looking for a high-capacity training center. They say they are currently receiving more than 20 calls each week from vets interested in the program.

 ”Service dogs have been a huge boon, allowing vets with disabilities to live more independently,” said James Fausone, Veterans disability lawyer.

 There are several different categories of service dogs. Guide dogs work with directional commands; they introduce the path for travel; notify of any changes in elevation and incoming traffic; locate and retrieve objects on command and navigate around various obstacles.  Hearing assistance Dogs alert to specific sounds as needed for their humans and notify by touch, retrieving lost objects, and warn for approaching vehicles.

Mobility assistance dogs assist people who have mobility impairments, and retrieve, tug, nose nudge, paw, and brace. Special Needs assistance dogs partner with people who have autism, seizure disorders, psychiatric disorders, and conditions which involve cause chronic pain.

The American Service Animal Society (ASAS) was founded by Gerad and Debbie Claseman. The goal of ASAS is to train the owners and their dogs how to successfully navigate in domestic settings found in the home: a dedicated space would allow the trainers to have a mock kitchen and other area so that the teams can train with drawers, cabinets, light switches and doors. The dogs are also trained to assist in sometimes-hectic real world-world environments, such as stores and airports. A large part of the training is customizing what the vet needs the dog to do, and developing a comfort level for both helps with the bonding process.

According to ASAS, it can take 100 repetitions before the vet and dog both have an obedience cue down pat. Multiple sessions and daily obedience cue reviews are usually necessary, both verbal cues and hand signals. Also important are working distance and distractions into training sessions.

Currently, the Department of Veterans Affairs does not cover the cost of in vitro fertilization and other fertility services for servicemen and servicewomen. Advocates hope that will soon change, as a growing number of veterans with war wounds that impede their ability to have children without artificial reproductive services are coming home.  New legislation would cover in vitro fertilization and other fertility services for wounded veterans.

Technological advances in medicine are allowing troops who were catastrophically wounded in Iraq and Afghanistan to come home; homemade bombs which target foot patrols are noted for the damage to lower limbs and the reproductive systems. Since 2003, almost 2,000 service members, both men and women, have come home with reproductive system injuries.

U.S. Sen. Patty Murray (D-Wash.) is pushing for coverage for in vitro and other reproductive services support to be covered by the VA.Murraystated that providing artificial reproductive technologies (ART) is just one of the costs of war.Murrayis Chairwoman of the Veterans’ Affairs Committee and introduced legislation which was  then passed by the Senate in mid-December, instructing the VA to make available to disabled veterans more advanced fertility techniques, such as like IVF. It is unknown if similar legislation will pass through the House, currently focused on spending cuts.

While the VA does cover some aspects of fertility support, including testing, counseling, and some procedures, it does not usually cover the cost of care for veterans’ spouses or surrogates. For service people who have more severe wounds, where extensive treatment may be needed, the VA falls short. IVF, in which the egg and sperm are combined and then the resulting embryo is transferred in hopes of implantation and pregnancy, is not covered.  The cost for IVF, which can take several cycles before success, typically costs  more than $10,000 and as much as $20,000, and even then, it may not work.

While the DOD covers the cost of IVF for injured active-duty service members, as of 2010, that does not help many veterans. The policy funds three cycles of treatment for both service members and their spouses, but only is they are active duty. Many service members must wait until they have healed from trauma, and have left the service. For many, it is long after they have left the military before they even know that they face fertility issues.

The Congressional Budget Office currently estimates that the overall cost of fertility services as requested would cost more than $550 million over the next five years. Senator Murray has proposed funding the ART services from money saved via the drawdown ofIraq andAfghanistan troops. The VA has not yet taken a public position on the bill, but has stated that the goal is the VA is to offer services and support to help restore veterans’ physical and mental capabilities as much as possible.

http://www.latimes.com/news/local/la-me-veterans-fertility-treatment-20121215,0,4501470.story