Should veterans diagnosed with PTSD while on active duty have to separately prove PTSD to the VA?
According to VA Watchdog "Yesterday it was reported that the VA had a new policy regarding proof of trauma in PTSD claims. (see http://www.vawatchdog.org/08/nf08/nfFEB08/nf021908-8.htm)
Unfortunately, a confusing story published by the Military Times Group did not mention that the new policy applies only to those diagnosed with PTSD while on active duty.
We now have a clarification from Sen. Daniel Akaka (D-HI), Chairman of the Senate Committee on Veterans' Affairs.
Akaka's press release on this matter is here...
http://www.vawatchdog.org/08/scva08/scva021508-1.htm" "
MORE INFORMATION:
http://www.vawatchdog.org/08/nf08/nfFEB08/nf022008-1.htm
Resources for Legal Professionals Supporting Servicemember, Veterans and Their Families
Wednesday, February 20, 2008
Saturday, February 9, 2008
Suggested Reading for non-military Types
Iraq and Afghanistan Veterans of America has posted a useful list of books for those of us fortunate enough not to have learned about Iraq in person.
* Chasing Ghosts: Failures and Facades in Iraq: A Soldier's Perspective by Paul Rieckhoff
Synopsis: Recounting his service on the front lines in Baghdad as the insurgency emerged in 2003, Rieckhoff provides a fascinating account of the danger and frustrations troops face every day. Chasing Ghosts challenges the Iraq policies of Republicans and Democrats alike, while chronicling the creation of IAVA and outlining the key issues facing a new generation of returning veterans, including an unprepared VA system, Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury, suicide and homelessness.
* Just Another Soldier: A Year on the Ground in Iraq by Jason Christopher Hartley
Synopsis: "From K-rations to dead civilians to extreme boredom punctuated by moments of extreme fear, Just Another Soldier takes the reader into the day-to-day experience of the Iraqi war. In addition to putting a human face on the Iraqi soldier, Just Another Soldier puts a human face on the country of Iraq; its culture and its people."
* Moving a Nation to Care: Post-Traumatic Stress Disorder and America's Returning Troops by Ilona Meagher
Synopsis: "Moving A Nation to Care: Post-Traumatic Stress Disorder and America's Returning Troops is a grassroots call to action designed to break the shameful silence and put the issue of PTSD in our returning troops front and center before the American public. In addition to presenting interviews with Iraq and Afghanistan veterans suffering with PTSD, this book will be the most comprehensive resource to date for concerned citizens who want to understand the complex political, social, and health-related issues of PTSD, with an eye toward "moving our nation to care" to do what is necessary to help our fighting men and women who suffer from PTSD."
* MANY MORE:
http://www.iava.org/iava-suggested-reading
* Chasing Ghosts: Failures and Facades in Iraq: A Soldier's Perspective by Paul Rieckhoff
Synopsis: Recounting his service on the front lines in Baghdad as the insurgency emerged in 2003, Rieckhoff provides a fascinating account of the danger and frustrations troops face every day. Chasing Ghosts challenges the Iraq policies of Republicans and Democrats alike, while chronicling the creation of IAVA and outlining the key issues facing a new generation of returning veterans, including an unprepared VA system, Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury, suicide and homelessness.
* Just Another Soldier: A Year on the Ground in Iraq by Jason Christopher Hartley
Synopsis: "From K-rations to dead civilians to extreme boredom punctuated by moments of extreme fear, Just Another Soldier takes the reader into the day-to-day experience of the Iraqi war. In addition to putting a human face on the Iraqi soldier, Just Another Soldier puts a human face on the country of Iraq; its culture and its people."
* Moving a Nation to Care: Post-Traumatic Stress Disorder and America's Returning Troops by Ilona Meagher
Synopsis: "Moving A Nation to Care: Post-Traumatic Stress Disorder and America's Returning Troops is a grassroots call to action designed to break the shameful silence and put the issue of PTSD in our returning troops front and center before the American public. In addition to presenting interviews with Iraq and Afghanistan veterans suffering with PTSD, this book will be the most comprehensive resource to date for concerned citizens who want to understand the complex political, social, and health-related issues of PTSD, with an eye toward "moving our nation to care" to do what is necessary to help our fighting men and women who suffer from PTSD."
* MANY MORE:
http://www.iava.org/iava-suggested-reading
Saturday, February 2, 2008
Some Educational Benefits Issues
According to an article by Iraq and Afghanistan Veterans of America:
"Today, 1.5 million troops are returning from Iraq and Afghanistan to a very different future than the one FDR made possible for the Greatest Generation. The current educational benefits offered to veterans are far lower than the original GI Bill. Today, after paying a nonrefundable contribution from their first military paychecks, troops can receive a total of up to $39,600 towards their education. Unfortunately, this covers only 60-70% of the average cost of four years at a public college or university, or less than two years at a typical private college.
In addition, structural problems and bureaucratic delays discourage veterans from using their GI Bill benefits. National Guardsmen and Reservists, including those who have served multiple combat tours, typically receive only a fraction of their GI Bill benefits.
Moreover, 30% of troops who pay the nonrefundable $1,200 contribution do not end up using the GI Bill at all. These veterans have paid the government $230 million, but received nothing in return."
Read the entire article: http://www.iava.org/component/option,com_/Itemid,66/option,content/task,view/id,2492/
"Today, 1.5 million troops are returning from Iraq and Afghanistan to a very different future than the one FDR made possible for the Greatest Generation. The current educational benefits offered to veterans are far lower than the original GI Bill. Today, after paying a nonrefundable contribution from their first military paychecks, troops can receive a total of up to $39,600 towards their education. Unfortunately, this covers only 60-70% of the average cost of four years at a public college or university, or less than two years at a typical private college.
In addition, structural problems and bureaucratic delays discourage veterans from using their GI Bill benefits. National Guardsmen and Reservists, including those who have served multiple combat tours, typically receive only a fraction of their GI Bill benefits.
Moreover, 30% of troops who pay the nonrefundable $1,200 contribution do not end up using the GI Bill at all. These veterans have paid the government $230 million, but received nothing in return."
Read the entire article: http://www.iava.org/component/option,com_/Itemid,66/option,content/task,view/id,2492/
Friday, January 18, 2008
Veterans For Common Sense et al. v. Mansfield
You'll want to keep an eye on a class-action case "Veterans For Common Sense et al. v. Mansfield, Case No. C 07 3758, U.S.D.C. (N.D. Cal. 2007)"
This is a federal lawsuit on behalf of veterans with pending VA claims based upon PTSD.
You are invited to learn more:
http://www.veteransptsdclassaction.org/
New! Here's a page linking to case filings (very useful stuff): http://www.veteransptsdclassaction.org/cfd.html
This is a federal lawsuit on behalf of veterans with pending VA claims based upon PTSD.
You are invited to learn more:
http://www.veteransptsdclassaction.org/
New! Here's a page linking to case filings (very useful stuff): http://www.veteransptsdclassaction.org/cfd.html
Sunday, January 13, 2008
Protect Your Right To Vote ....
...military personnel stationed overseas, or recently discharged, are especially vulnerable having their voter registration "caged" ... that is to say, canceled without notice.
It's easy to preserve your right to vote. Simply check online to confirm that your registration is current!
Political parties already have voter registration information; it's public data. But it's expensive to get, so ironically online voter access has had to wait until recently, when a non-profit teamed with a database company to put voter registrations online here: http://votepoke.org
If your registration is not on the database, IMMEDIATELY re-register to vote! ALL Americans should have their voter registration respected.
It's easy to preserve your right to vote. Simply check online to confirm that your registration is current!
Political parties already have voter registration information; it's public data. But it's expensive to get, so ironically online voter access has had to wait until recently, when a non-profit teamed with a database company to put voter registrations online here: http://votepoke.org
If your registration is not on the database, IMMEDIATELY re-register to vote! ALL Americans should have their voter registration respected.
Friday, December 7, 2007
Ethics
- "Lawyers for Warriors" by Charles Myers, U.S. Air Force Academy (1997): "Military lawyers face special concerns just because their clients are soldiers, sailors, or other military personnel responsible for preparing for, waging, and win ning the country's wars lawfully and morally. ...."http://ethics.iit.edu/perspective/pers16_2spr97_3.html
Thursday, December 6, 2007
Jobs - Protection and Opportunities: USERRA and ETC.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services.
USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training.
See Also:
Veterans' Employment & Training Service (VETS):
http://www.dol.gov/vets/welcome.html
USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training.
- USERRA Advisor: http://www.dol.gov/elaws/userra.htm at the Department of Labor
- Text of USERRA Chapter 43 USC : http://www.dol.gov/vets/usc/vpl/usc38.htm (also available at http://www.law.cornell.edu/uscode/html/uscode38/usc_sup_01_38_10_III_20_43.html )
- USERRA Links http://esgr.org/userrathelaw.asp hosted by Employer Support of the Guard and Reserves: http://www.esgr.org/
- USERRA 101 online course: http://www.nvti.cudenver.edu/userra101
- Office Of Special Counsel on USERRA: http://www.osc.gov/userra.htm
- USERRA overview at military.com: http://www.military.com/benefits/legal-matters/userra/overview
See Also:
Veterans' Employment & Training Service (VETS):
http://www.dol.gov/vets/welcome.html
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