VA Staffs Office for Survivors of Vets, Service Members

VA Press Release of interest to lawyers for our warrior community:

WASHINGTON (Sept. 28, 2009) -- To strengthen the programs of the
Department of Veterans Affairs (VA) for the survivors of the nation's
Veterans and military personnel, the Department has staffed an office to
serve as their advocate, with a charter that includes creating or
modifying programs, benefits and services.

"Taking care of survivors is as essential as taking care of our Veterans
and military personnel," Secretary of Veterans Affairs Eric K. Shinseki
said. "By taking care of survivors, we are honoring a commitment made to
our Veterans and military members."

The office serves as the primary advisor to the secretary on all issues
affecting the survivors and dependents of deceased Veterans and service
members. It will monitor VA's delivery of benefits to survivors, make
appropriate referrals to VA offices for survivors seeking benefits and
explore innovative ways of reaching survivors who are not receiving the
VA benefits for which they are eligible.

VA benefits for eligible survivors include educational assistance, home
loan guaranties, health care insurance and Dependency and Indemnity
Compensation, a monthly payment to the survivors of some people who die
on active duty and some seriously disabled Veterans.

More than 554,000 spouses, dependents and other survivors of Veterans
are receiving VA benefits. That figure includes nearly 5,000 spouses of
World War I Veterans, 90 spouses and 94 children of Spanish-American War
Veterans, and two children of Civil War Veterans.

The establishment of this office was authorized in the Veterans Benefits
Improvement Act of 2008."

PRESS RELEASE:
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1786

Federal appeals court to decide suit over wounded veterans

The LA Times reports:

"Court-ordered mediation has failed to settle a lawsuit over delayed and denied care for wounded veterans so the case now goes to a U.S. 9th Circuit Court of Appeals panel, the court reported Tuesday.

Two veterans groups brought suit in 2007, alleging systemic failures in the Department of Veterans Affairs' processing of disability claims. They noted that 3,000 veterans die each year while their appeals are pending, and 18 veterans commit suicide each day on average, many suspected to be acts of despair by those with untreated post-traumatic stress disorder.

In a push for an out-of-court settlement after an Aug. 12 hearing in the case, 9th Circuit Chief Judge Alex Kozinski suggested that lawyers for the veterans and the government "go and get a sandwich together." Kozinski said he saw goodwill on both sides to do right by those hurt while serving their country and ordered the parties to seek help from the court's mediation service.

More than a month later, the veterans' pro bono lawyer, Gordon Erspamer, and Department of Justice attorney Charles Scarborough reported to the court that they were "unable to reach any agreement to utilize mediation as a vehicle for resolving the appeal."

Kozinski indicated at the hearing that the court might find it difficult to compel the veterans agency to process claims faster. A district court judge who heard the veterans case last year declined to intervene, saying the claim denials and treatment delays were unjust but beyond the court's power to rectify. It was that decision that prompted Veterans for Common Sense and Veterans United for Truth to appeal to the 9th Circuit.

The 9th Circuit panel, which includes Judges Proctor Hug Jr. and Stephen Reinhardt along with Kozinski, has no deadline for issuing a decision. Most appeals take at least a few months to be decided and complicated cases can remain under deliberation for more than a year."

By Carol J. Williams
September 16, 2009

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MORE:

• 9th Circuit Court of Appeals
• Veterans for Common Sense
• Veterans United for Truth

PTSD Compensation Simplification Rules Await Your Comment

Just publised in the federal register:

"The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations governing service connection for posttraumatic stress disorder (PTSD) by liberalizing in some cases the evidentiary standard for establishing the required in-service stressor.

This amendment would eliminate the requirement for corroborating that the claimed in-service stressor occurred if a stressor claimed by a veteran is related to the veteran’s fear of hostile military or terrorist activity and a VA psychiatrist or psychologist confirms that the claimed stressor is adequate to support a diagnosis of PTSD, provided that the claimed stressor is consistent with the places, types, and circumstances of the veteran’s service and that the veteran’s symptoms are related to the claimed stressor.

This amendment takes into consideration the current scientific research studies relating PTSD to exposure to hostile military and terrorist actions. It is intended to acknowledge the inherently stressful nature of the places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing.

With this amendment, the evidentiary standard of establishing an in-service stressor would be reduced in these cases. This amendment is additionally intended to facilitate the timely VA processing of PTSD claims by simplifying the development and research procedures that apply to these claims.

DATES: Comments must be received by VA on or before October 23, 2009.

ADDRESSES: Written comments may be submitted through http://
www.Regulations.gov; by mail or handdelivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. (This is not a toll free number).

Comments should indicate that they are submitted in response to ‘‘RIN 2900–AN32—Stressor Determinations for Posttraumatic Stress Disorder.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management ... In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov...."

MUCH MORE INFORMATION in the Register here.

Here's the press release from the VA :

"WASHINGTON – Secretary of Veterans Affairs Eric K. Shinseki announced the Department of Veterans Affairs (VA) is taking steps to assist Veterans seeking compensation for Post-Traumatic Stress Disorder (PTSD).

“The hidden wounds of war are being addressed vigorously and comprehensively by this administration as we move VA forward in its transformation to the 21st century,” said Secretary Shinseki.

The VA is publishing a proposed regulation today in the Federal Register to make it easier for a Veteran to claim service connection for PTSD by reducing the evidence needed if the stressor claimed by a Veteran is related to fear of hostile military or terrorist activity. Comments on the proposed rule will be accepted over the next 60 days. A final regulation will be published after consideration of all comments received.

Under the new rule, VA would not require corroboration of a stressor related to fear of hostile military or terrorist activity if a VA psychiatrist or psychologist confirms that the stressful experience recalled by a Veteran adequately supports a diagnosis of PTSD and the Veteran's symptoms are related to the claimed stressor.

Previously, claims adjudicators were required to corroborate that a non-combat Veteran actually experienced a stressor related to hostile military activity. This rule would simplify the development that is required for these cases.

PTSD is a recognized anxiety disorder that can follow seeing or experiencing an event that involves actual or threatened death or serious injury to which a person responds with intense fear, helplessness or horror, and is not uncommon in war.

Feelings of fear, confusion or anger often subside, but if the feelings don't go away or get worse, a Veteran may have PTSD.

VA is bolstering its mental health capacity to serve combat Veterans, adding thousands of new professionals to its rolls in the last four years. The Department also has established a suicide prevention helpline (1-800-273-TALK) and Web site available for online chat in the evenings a www.suicidepreventionlifeline.org/Veterans." -August 24, 2009

Cushman v. Shinseki: Constitution Requires Fairness in Veterans Disability Claims

Noting that the "right of due process of applicants for veterans' benefits is an issue of first impression for this court" the United States Court of Appeals for the Federal Circuit has reversed a Court of Appeals for Veterans Claims (CAVC) judgment where a veteran's due process right to a fair hearing was violated by tainted medical evidence.

Spelling out what would seem to an ordinary person to be patently obvious, but seems to have eluded CAVC for decades, the court ruled a veteran "has a constitutional right to have his claim for veteran’s disability benefits decided according to fundamentally fair procedures."

Read the Full text on Findlaw; Cushman v. Shinseki offers hope to a great many Americans!

And thanks again to Larry Scott of VA Watchdog for giving this the publicity it deserves!

Free Grant Writing Services for VISNs 1-23

From the Homeless Veterans Provider Technical Assistance Center:

"Free Grant Writing Services for VISNs 1-23

The free grant writing workshops provide participants the skills needed to prepare a Grant and Per Diem and Per Diem Only application. The workshops will consist of didactic instruction, exercises, and the provision of handouts and other resources.

OVERVIEW TO THE GRANT AND PER DIEM (GPD) GRANT:

Objectives:

• To increase your awareness of the Capital Grant and Per Diem Only program opportunities under the VA Homeless Providers GPD Program and determine your eligibility
• To help you determine whether or not you want to apply for the GPD
• To provide you with information to complete a grant application

DEVELOPING A BUDGET USING OMB CIRCULARS:

Prerequisites:

• Completion of a Governor's Institute training AND
• Current or pending 501(c)3 status (if your organization does not have non-profit status, please call us toll free at 1-877-838-8221)

Objectives:

• To provide an overview of developing a budget in compliance with OMB guidelines
• To enhance your skills in developing a budget and completing the federal forms
• To provide information about other grant opportunities

YOU MAY REGISTER FOR ONE OVERVIEW WORKSHOP AND/OR ONE DEVELOPING A BUDGET WORKSHOP.

Please do not register for the Developing a Budget Workshop only, unless you are registered for both days or have completed a Governor's Institute training.

TECHNICAL ASSISTANCE AND CONSULTATION:

• Individualized review of your grant application with feedback and suggestions
• Individualized consultations by phone and e-mail

You must register online.
Registration will close 2 weeks prior to the event due to travel arrangements of the trainer(s).

We reserve the right to adjust our workshop schedule and policies as necessary. Please click on Privacy Policy to review our procedures.

Registration Questions: Please contact our registrar.
Phone: (919) 843-3018 E-mail: bhrinstitute@listserv.unc.edu

Content Questions: Please contact
Kristy Termina, MSW (kristy.termina@governorsinstitute.org) or
David Zell (david.zell@governorsinstitute.org) or
call toll free at 1-877-VET-TAC1 (1-877-838-8221)

A minimum number of participants is needed for a training to occur.
If a workshop is closed or full and you are still interested in attending, please contact Kristy Termina or David Zell.

***Please contact your Network Homeless Coordinator or GPD Liaison if you do not see a workshop in your VISN.

*** Please see the Network Coordinators' button at the top left of the screen."

MORE INFORMATION:
http://homelessvetprovidertac.net/index.php?Itemid=44

Louisiana Legal Assistance to Military Personnel (LAMP)

The legal community in Louisiana provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of Louisiana.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

• LawHelp.org/LA is a good, general-purpose place to start looking for law help in Louisiana; its pages include How to Get Legal Help, a directory of Legal Services organizations, and more.

Private Practice Attorneys

The Louisiana State Bar Association has a good Lawyer Referral and Information page, giving tips on finding a lawyer and how to work with one. Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with. In addition to the Lawyer Referral and Information page, you may wish to the Findlaw website's city-by-city list of lawyers in Louisiana who are interested in representing active-duty military personnel, military reservists, and veterans.

Educating Yourself

One way that the warrior community can fix its continuing shortage of legal resources is to train up a corps of veterans as lawyers and other legal professionals. Loyola University School of Law has Programs for Veterans page and consider becoming a lawyer, paralegal or legal secretary in service to your community.

For Lawyers

The Louisiana State Bar Association has a Military Law Committee who

"... to coordinate statewide efforts to assist in legal matters affecting active, reserve and other members of the military and their families and to inform and advise Bar members of matters relating to the practice of military law in Louisiana. ..."

You can join it here.

LSBA's directory of Legal Services organizations may be another way to find programs you'd wish to support.

Law students at Tulane may participate in its Military Law Society, although I haven't seen whether it hosts clinics for military personnel or veterans.

It is likely that there are other Louisiana programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs

Kansas Legal Assistance to Military Personnel (LAMP)

The legal community in Kansas provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of Kansas.

The Kansas State Bar (KBA) has announced:

"The KBA has reactivated its “Project Call Up” program, which matches Kansas National Guard and military reservists with volunteer lawyers who will draft basic wills and/or durable powers of attorney at no charge. Project Call Up was originally initiated during the “Desert Storm” conflict in 1990-91 and was also operational during the aftermath of the September 11 attacks.

“The members of the Kansas Bar Association are committed to helping and honoring fellow citizens who serve our country and sacrifice for all of us,” said KBA President Michael P. Crow of Leavenworth.

For more information or to be matched with an attorney in their area, Kansas National Guard and military reservists are encouraged to contact the KBA at (785) 234-5696 from 8 a.m. to 5 p.m. Monday through Friday."

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else. In particular, Kansas Legal Services host several helpful resources:

• The Public Law Library hosted by Kansas Legal Services is a good, general-purpose place to start looking for law help in Kansas
• The Kansas Legal Services Get Help page itself offers several types of help, such as a referral service, hotlines, and civil legal advice and representation for income eligible persons.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with.

The Kansas State Bar has a lawyer search page that lets you search for lawyers and mediators by a variety of criteria, such as local or field of practice, e.g. "Military Law". Search here.

The Findlaw website has a city-by-city list of lawyers in Kansas who are interested in representing active-duty military personnel, military reservists, and veterans. There are several lawyer referral services in Kansas, run by organizations such as the Kansas City Metropolitcan Bar Association, the Witchita Bar Association and Kansas Legal Services. Another choice may be to find an arbitrator or a mediator; Kansas City Metropolitcan Bar Association offers help finding arbitrators & mediators.

For Lawyers

According to the Kansas Bar Association website

"The KBA is seeking members to draft basic wills as well as durable powers of attorney on a pro bono basis for families of reservists who are on alert or called to active duty.

This important community service program aptly named “Project Call Up” was originally initiated during the Desert Storm conflict and was reactivated in 2001 in the aftermath of the 9/11 attacks.

To participate or for more information, please contact Meg Wickham at (785) 234-5696 or via e-mail at mwickham@ksbar.org. You will be glad that you did!"

KBA does not appear to have a Section dealing with legal assistance to military personnel, but it is likely that there are other Kansas programs, sponsored by local bar associations, law schools, and others. Organizing such a program in your local or subject-matter bar association would be a great opportunity to provide a needed service! Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs