Representing veterans and their families who have been denied disability and other benefits by the U.S. Department of Veterans Affairs
The Law Office of Amrit Sidhu
Seattle, Wash.
Portland, Ore.
Carlsbad, Cal. (Administrative HQ)
ph: Toll Free 1-866-529-4838
VA OEF/OIF/OND Team Locator
A VA OEF/OIF Team may be located in your community at a local VA Medical Center. They can help you transition from the military to civilian life, and also help you navigate through the VA.
Learn more about the location of these OEF/OIF teams at this website (http://www.oefoif.va.gov/map.asp) or call the dedicated VA toll-free OEF/OIF (New Dawn) Help Line at: 1-866-606-8216 to get answers to your questions about VA benefits.
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VA Offers New and Enhanced VA Benefits to Caregivers of Veterans
In May 2010, President Obama signed the Caregivers and Veterans Omnibus Health Services Act of 2010 legislation authorizing VA to establish a wide range of new services to support certain caregivers of eligible Post 9/11 Veterans.
For whatever reason, many of these new benefits are restricted by law to the caregivers of the most seriously ill and injured Post 9/11 Veterans. Those additional benefits include:
The law does, however, offer some benefits and services to caregivers of Veterans of all eras who are already enrolled in VA care, including:
While some of these enhanced benefits are available now, most will require the issuance of regulations. In other words, don't expect any checks in the mail very soon. We'll keep abreast of developments and application requirements.
The VA says it will report to Congress in the future on the feasibility of expanding the enhanced services to family caregivers of Veterans of all eras. But with Republicans like Congresswoman Michele Bachmann (R-MN) suggesting we balance the Federal budget in part by freezing VA spending on health care and cutting veterans' disability payments, it seems unlikely that WWII, Korea, Vietnam, and Cold War vets will ever catch up with new, enhanced benefits being offered GWOT vets. Divide and conquer?
All we know for sure is, with "friends" like Congresswoman Bachmann ... who needs enemies?
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Kentucky VA facilities denied veteran help before suicide
According to a story in the Lexington Herald-Leader, the young widow and 2-year-old daughter of a Marine Corps combat veteran have sued the federal government for $22.5 million, claiming that Veterans Affairs medical facilities in Lexington turned away the man when he sought psychiatric help hours before he took his own life.
Cameron Anestis, a Marine Corps reservist who spent several months in Iraq, fatally shot himself hours after he left the VA medical facility.
Anestis, who was 21 when he died, had been involved in extensive combat in Iraq and had developed mental and emotional problems, including post-traumatic stress disorder, when he returned to the United States, the suit says.
Cameron's widow says the purpose of the lawsuit is to let people know that things like this are happening with a lot of families. "Men and women in uniform are not getting help," Tiffany Anestis said.
Tiffany, who is also a Reservist, says she's getting out so she can care for the couple's daughter.
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VA announces new homeless intervention program
The VA is starting up a new homeless-prevention program which seeks to help Veterans and families who are on the verge of becoming homeless, has moved closer to implementation. The program marks the first time that VA will fund services for the spouses and children of Veterans at risk of becoming homeless.
The VA is taking applications from private non-profit organizations and consumer cooperatives interested in providing needed services to at-risk Veterans and their families under this "Supportive Services for Veterans Families" program. The hope is that these community organizations will be better able to provide counseling, training, education assistance, direct time-limited financial assistance, transportation, child care, rent, utilities, and other services to participating Veterans and family members.
This sounds to us like a great idea. Even better would be the VA getting veterans granted within a reasonable amount of time for service-connected disabilities or non-service connected pensions. Putting benefits payments in a veteran's bank account would also go a long ways towards preventing homelessness for at-risk vets and their families.
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Iraq, Kuwait dust may carry dangerous elements
Researchers studying dust in Iraq and Kuwait say tiny particles of potentially hazardous material could be causing a host of problems in humans, from respiratory ailments to heart disease to neurological conditions. After taking samples, scientists found fungi, bacteria and heavy metals - including uranium - that could all cause long-term health effects.
More at http://www.militarytimes.com/news/2010/12/military-heavy-metals-dust-kuwait-iraq-120710w/.
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No big change to VA PTSD Rules
Despite all the attention it's gotten in the news of late, the VA's recent rule change for Post-traumatic stress disorder (PTSD) claims isn't a game changer for most veterans.
The only significant change is that if a veteran was diagnosed with PTSD while still on active duty, the VA now doesn't need to verify the
stressor. Everything else stays pretty much as it was.
However, if you've been diagnosed with PTSD since leaving active duty, you should by all means pursue a claim for benefits. Even if you suspect you may be suffering from PTSD, you should seek medical help from the VA, and file a claim for compensatory benefits.
PTSD is is a type of anxiety disorder. It can occur after you've seen or experienced a traumatic event that involved the threat of injury or death.
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New Veteran Homeless Assistance Facilities in San Diego County
As part of Secretary Shinseki's extremely ambitious goal to end homelessness among veterans in five years, the VA has targeted more than $500 million for specific homeless programs.
As a beneficiary of that effort, Interfaith Community Services (with facilities in Escondido and Oceanside) has opened the first recuperative care center of its kind in San Diego County. The 10-bed complex will house former service members countywide recovering from acute medical conditions, including substance abuse, for up to three months following treatment and a referral from the VA medical center in La Jolla.
The VA has also contracted with the Veterans Village of San Diego to provide a seven-bed facility for Iraq and Afghanistan veterans mainly requiring treatment for mental health and substance abuse issues.
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Many Vets to be Helped by new Benefits Act
Tom Philpott reports that a last-minute comprehensive veterans bill passed by Congress before recess will help thousands of veterans (Veterans' Benefits Act of 2010 (HR 3219)).
Sen. Daniel Akaka (D-Hawaii), chairman of the veterans' affairs committee, was apparently instrumental in getting this bill moved forward. The bill had been held up since July 2009 by a controversial one-time payment for former World War II merchant marines -- who opponents pointed out are already fully covered by VA benefits.
The package has no clear blockbuster initiative, but improves many benefits including some allowances for disabled veterans and various veterans' insurance options. Employment protections are also toughened for those returning to civilian jobs.
We have about 20 to 25 separate bills in there," said Rep. Bob Filner (D-Calif.), chairman of the House Veterans Affairs Committee, in a phone interview. "It's an incredible move forward for all our veterans, whether talking about those on the street or those suffering from mental illness or women veterans facing sexual trauma. I mean it touches virtually every issue that we've been working on for several years."
Highlights of the bill include:
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Tom Philpott at military.com reports that Congress ordered retroactive Stop Loss Special Pay last fall, but then only allowed only a one-year window for eligible veterans and service members to claim their payments.
With just six weeks remaining to file, only 38 percent have done so. That leaves about 90,000 uncompensated veterans, and the likelihood a lot of money will be returned to the U.S. Treasury.
The precise payment formula is $500 for every month or partial month they were kept on active duty involuntarily after 9/11 to ensure force readiness during some difficult times for the nation and their service. (All four DoD branches of service used stop-loss orders after 9/11. However, only the Army used stop loss authority after 2003.)
DoD says that about 55,000 retroactive stop loss claims have been processed to date and $212 million paid out. That's an average of $3,500 per payout.
Those who believe they might be eligible can get full details and fill out an application online at: www.defense.gov/stoploss. It only takes about 30 minutes to complete. If you don't have all the supporting documents needed to complete the form, file anyway to beat the Oct. 21 cutoff.
That said, isn't it amazing how the Government can easily track you down if it thinks you owe taxes, child support, or wants to include you in the census? But the instant the Government owes you money, it throws up its hands and claims it has no way to track down eligible citizens. Amazing.
UPDATE: On December 7, 2010, the Department of Defense announced that the deadline for eligible service members, veterans and their beneficiaries to apply for Retroactive Stop Loss Special Pay has been extended to Dec. 18. DoD had previously extended the deadline to Dec. 3.
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Did Seroquel Cause Veteran's Death?
Families of soldiers and veterans who have died while taking Seroquel have requested an investigation, citing concerns that the antipsychotic medication may have caused their loved ones’ deaths.
The Associated Press (AP) reported on 8/30/10 that Andrew White returned from a tour of duty in Iraq showing signs of post-traumatic stress disorder, including insomnia, nightmares and restlessness. Doctors prescribed ever-increasing doses of Seroquel, but the medication failed to stop White’s nightmares. AP noted that at one point, White's prescription was more than double the maximum dose for schizophrenia patients. White died in his sleep at the age of 23.
Although Seroquel has been linked to several deaths, it has not been proven to have caused the deaths or even contributed to them. According to a Veterans Affairs investigation of White's death, White died from a drug interaction; at the time of his death he was also reportedly taking an antidepressant, anti-anxiety pill and a painkiller that he obtained without a prescription.
Seroquel is approved for the treatment of schizophrenia, bipolar disorder and depression. It is used off-label for insomnia, obsessive-compulsive disorder, general anxiety disorders and depressive episodes associated with bipolar disorder. Although it is not illegal to prescribe medications off-label, it is illegal for companies to market drugs for off-label uses. AstraZeneca, maker of Seroquel, agreed to pay $520 million earlier this year to settle allegations that the drug maker's salespeople pitched Seroquel for off-label use.
The New York Times (04/27/10) reports AstraZeneca was accused of promoting Seroquel for off-label uses for children, the elderly, veterans and prisoners. The company was also accused of misleading doctors by highlighting favorable research and not disclosing studies that suggested negative findings, such as those linking Seroquel to an increased risk of diabetes. AstraZeneca released a statement denying the allegations.
However, Seroquel does now carry a black box warning about the risk of diabetes and the risk of death related to dementia in elderly people.
Side effects include involuntary muscle spasms (known as tardive dyskinesia), weight gain, diabetes and hyperglycemia.
Meanwhile, a judge has given AstraZeneca Plc more time to settle 6,000 lawsuits that claimed Seroquel caused patients to develop diabetes, according to Bloomberg on 9/01/10. In August 2010, the company announced it would pay approximately $200 million to settle more than 17,000 lawsuits regarding Seroquel. Each plaintiff would receive approximately $11,000 in the settlement.
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Protecting Benefits From Garnishment
AARP reports that the Treasury Department, VA, and other agencies have issued proposed rules to enforce protection of federal benefit payments from garnishment. The agencies are taking this action in response to recent developments in technology and debt collection practices that have led to an increase in the freezing of accounts containing Federal benefit payments.
Although a federal statute already prohibits garnishing Social Security, Supplemental Security Income, and veterans benefits, many banks still freeze accounts when they receive a court-issued garnishment order. Banking industry officials have said they are required to honor the order and have no way to determine which accounts receive federal benefits and which do not.
Julie Nepveu of AARP Foundation Litigation says the new regulations will “end bank practices of freezing exempt benefits, which can cause overdraft fees, and prohibit steep garnishment fees from being charged to these accounts.”
The Lubbock (Texas) Avalanche-Journal reports that lawmakers from both parties have been pressing Treasury for years to close this loophole with new regulations. While the Bush White House failed to act, the Obama administration has attacked the problem head-on.
NOTE: While this proposed rule pertains to court ordered garnishments, your Federal benefits may still be seized for a tax debt, alimony, overpayment of Federal benefits, child support payments, and for certain other purposes. If you think your benefits have been unlawfully seized, contact the paying agency or seek legal assistance.
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Angry VA employees file their own claims
Bob Brewin, writing in nextgov.com, reports that as VA workloads and backlogs pile up, VA employees are claiming that Veterans Benefits Administration management is creating a "hostile" work environment that has "deteriorated significantly" since Eric Shinseki took over as VA secretary in January 2009.
We've long believed that the widget-counting management system instituted by the VBA in the early 2000s has wrecked the morale of the VBA and only made matters worse.
Reading the comments associated with this story at nextgov, one sees another big problem: A lot of VBA employees resent the benefits they're supposed to be granting, and don't actually believe in the VA mission. In a perfect world, these people would be weeded out and shipped off to jobs their philosophical or political outlooks can actually support.
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Water contamination at MCB Camp Lejeune, NC
Since 1980, the Marine Corps has been faced with problems arising from the discovery of toxic chemicals (VOCs) in base drinking water at Camp Lejeune, NC.
The Marine Corps is attempting to locate and notify all persons who lived and worked at Camp Lejeune prior to 1987. You can register by accessing https://clnr.hqi.usmc.mil/clwater/Site/background_information.html and following the instructions.
If you have non-VA legal claims related to living or working at Camp Lejeune, we urge you to contact an attorney who specializes in Federal Torts Claims Act (FTCA) claims. Your state's bar association should be able to provide a referral.
If you have questions about possible VA claims related to living or working at Camp Lejeune, we urge you to contact the Law Office of Amrit Sidhu without delay.
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The Law Office of Amrit Sidhu
Seattle, Wash.
Portland, Ore.
Carlsbad, Cal. (Administrative HQ)
ph: Toll Free 1-866-529-4838