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Federal Tort Claims
Title 38 U.S.C. 1151
David Anaise MD, JD
Brett Valette, PhD
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CFR › Title 38 › Chapter I ›
Part 4 › Subpart A › Section 4.26
M21-1, Part IV, Subpart ii,
Chapter 2, Section F -
Compensation Based on
Individual Unemployability (IU)
M21-1, Part IV, Subpart ii,
Chapter 2, Section H -
Special Monthly Compensation (SMC)
M21-1, Part III, Subpart iv,
Chapter 8, Section D -
Reductions in Awards
M21-1, Part I, Chapter 5,
Section B - Notice of
Your VA Claim
If you haven't figured it out by now,
it's time to realize you're involved in a giant paper shuffle
and this IS NOT a spectator sport.
Put down your gun
and pick up your keyboard.
The battlefield has changed.
Take the Survey
Custom carvings by a veteran.
I do military themes, sports logos,
business logos, Bible boxes,
occasional canes and much more.
These make great gifts!
(I ordered the Big Red One you see above
as a gift. First class work and service!)
/s/ Jim Strickland
eterans Affairs officials aren't saying how 24,000 veterans were diagnosed with
traumatic brain injury by VA physicians considered unqualified to make
such a determination, but on Wednesday, told Congress the
department is working to resolve related disability claims problems.
Some veterans diagnosed with TBI from 2007 to 2015 were denied
disability benefits because they were examined by a VA
health provider considered to be unqualified under VA policy.
After a seven-year delay, a Minnesota veteran is finally getting
traumatic brain injury treatment and benefits from the Department
of Veterans Affairs. Former Army Staff Sergeant and Green Beret
Nate Anderson is one of the nearly 25,000 veterans nationwide
whose original traumatic injury exams were not done
by specialists, as required by VA policy.
I disagree with pretty much everything Donald Trump has ever said. But in
calling for veterans to have more options on their doctors and hospitals, he’s
got a point. Imagine, for example, the outrage if military veterans
were able to receive subsidized health care at the clinic or hospital of
their choosing, but were then forced into a separate system of run-down,
inconveniently located facilities. If the next administration rejects
proposals to reform the Veterans Health Administration and
instead perpetuates the current system, the effect will be the same.
J.B. Hunt reports that about 20 percent of its employees are veterans.
The company pledged in 2014 to hiring 10,000 more by 2020. J.B. Hunt
representatives have traveled as far as Germany to recruit at military
installations as part of the "Hunt's Heroes" initiative.Nathan Waite, an Army
veteran who drives for Stallion Transportation Group of Beebe,
said he learned to pay attention to detail while he was in the military.
A former emergency room doctor at the Veterans Affairs hospital in
Spokane has been sentenced in federal court to 12 terms
of life in prison for being a child molester.
The chairman of the U.S. House Committee on Veterans Affairs has requested
all VA medical records for the former Marine who killed three
law enforcement officers in Baton Rouge, Louisiana.
“I was never one to live off opiates,” Mr. Pershing said. He had seen other
vets become addicted to their prescription drugs.
“I wanted to find an alternative answer — something different.”
It was about a year ago that faculty at the University of North Dakota’s
flight school rounded up aviation students using veterans'
benefits and laid to rest rumors that their education would no longer be paid for.
Yahia told members of Congress, during the 2014 budget year, approximately
30 percent of the 2.9 million emergency claims filed with the VA were denied.
Of those 870,000 denied claims, Yahia said 89,000 were late. Another 98,000
were not emergencies. There were 140,000 claims denied because a VA facility
was determined to have been available. In addition, 320,000 more claims
were denied because the veteran was determined to have other health insurance
that should have paid for the care. In total, about one-out-of-every-three
veterans’ emergency claims were denied during the 2014 budget year.
Nearly four years after Hurricane Sandy, a large swath of parking for veterans
outside the group's hospital in Manhattan remains closed off as
bumbling bureaucrats struggle to designate alternative spots.
Logan Taylor served his country, and now his family wants the Department of
Veterans Affairs to properly care for him. So far, they say that hasn’t happened.
They're suing the VA for alleged substandard care that, they say,
resulted in him losing both his legs to gangrene.
Health care operations at the Department of Veterans Affairs still show "profound
deficiencies" and "require urgent reform," according to a report to be released
Wednesday by a congressional commission charged with fixing the troubled agency.
Commission says Veterans Health Administration has 'profound deficiencies'
that require urgent reform; proposes a 'bold transformation.'
Former veterans group president gets probation for theft
Freedom Foundation leader pleaded guilty to stealing gift cards
A postal carrier in Mishawaka was arrested after allegedly stealing
packages containing medications set to VA patients,
according to the probable cause affidavit.
The Department of Veterans Affairs bought more than $11 million worth of
weapons, ammo and other security equipment between 2005 and
2014, according to a report released last month by a non-profit
organization that tracks spending across the federal government.
In Washington, the most common “solution” to a problem is to throw more
money at it, and that has been the case with the ongoing VA scandal.
Unfortunately, as a recent report from the Phoenix VA proves, this
strategy is bound to fail every time, because it does not
address the root causes of systemic problems.
In an exam room at the Central Alabama Veterans Health Care Systems
hospital in late May, Willie McCall, a decorated Army
veteran who served in the Korean War, was dying.
VA Service Connection Benefits and Alcohol Use
Brett Valette, Ph.D.
There are hundreds of reasons why Veterans drink alcohol.
Some drink alcohol with dinner.
Some drink alcohol to sleep.
Some drink alcohol watching “The Game”.
Some drink alcohol to relieve pain.
Some sip alcohol from a martini glass.
Some gulp alcohol from a plastic cup.
Some drink a glass of Cabernet after work.
Some drink a bottle of Vodka to forget.
Many veterans may have a service connected condition: An injury, chronic pain,
PTSD, depression, anxiety, insomnia, and drink alcohol to deal with it -- then the
alcohol problem may be service connected and rated.
This enables veterans to get treatment and benefits.
The reason many doctors do not service connect alcohol abuse is because
many still believe that alcohol abuse, or use, is voluntary - a choice.
These docs may be missing the real reason. And the VA has guidelines about this.
The VA makes it very clear that a non-service connected condition
(alcohol abuse) can be service connected if the condition is
made worse by a service connected condition (pain, PTSD, etc).
Aggravation of a Nonservice-Connected Disability (Allen)
Allen refers to a court case heard in the United States Court of Veterans Appeals in
1995. In this case, which spanned close to 30 years and several decisions, the
Court determined that service connection may be granted not only for
disabilities caused by a service-connected disability, but also for conditions
that merely had been aggravated by a service-connected disability. In other
words, there need not be a direct causal relationship between the service-connected
disability and the other condition. It is only necessary to identify that the claimed
condition was permanently worsened or “aggravated beyond natural
progression” by the service connected condition.
The view of alcohol abuse has come a long way. It used to be viewed as a
moral issue. Then it moved into the disease category. Some people see it as
simply bad behavior. Some see it as a genetic predisposition, or even a
biological sensitivity to the alcohol. For this article and for the VA rating,
it is seen as a coping mechanism, a secondary condition, that is
harmful to you. Long term alcohol abuse can lead to cognitive and
memory impairments, increased depression, liver disease,
diabetes complications, and yes, these conditions would then be service connected.
In short it looks like this:
Service connected back injury = alcohol use to deal with the pain = liver disease.
The alcohol abuse and liver disease become service
connected and become part of your combined rating.
Service connected PTSD = insomnia = alcohol abuse to sleep = mild memory problems.
It all becomes service connected and can be rated.
Veterans should not be embarrassed or feel guilty about alcohol abuse.
It is important to get treatment. And it is important to be honest and get
the VA to recognize how a service connected condition is effecting their lives.
If a veteran has a service connected disability and uses alcohol to deal with it,
then they can help themselves and their families.
I help veterans get the benefits they deserve
and that enables them to get the treatment they need.
Brett Valette, Ph.D.
Were you improperly denied
entitlement to reimbursement of
medical expenses incurred for emergency medical services?
You need to speak with a
veterans law attorney today!
'We fought for the safety of our country, but Trump makes us less safe'
Donald Trump will speak Tuesday in Charlotte at the Veterans of Foreign Wars
convention. He will tell thousands of our brave veterans how he, alone, can
“make America great again.” His message of singular strength in a world
enflamed by violence and instability has struck a chord. But we veterans
can’t fall for it; we know the greatness of our nation can never lie with any one person.
Trump Releases VA Plan
The plan tackles wait times, mental health and job services.
Remodeling veterans’ health care for the 21st century
The Caring for Our Heroes Act would expand choices of providers
In a 25-minute speech, Trump also said he would root out government
corruption, overturn the “rigged” system, improve VA health care and
establish a 24-hour hotline in the White House for
veterans to call and voice complaints about the service.
Know this – the jobs are there and if you are open to heading south
VA Spends $20 Million On Art Instead Of Hiring Doctors
Over the past 10 years, the VA spent $20 million on artwork, $16 million of which
was spent under President Barack Obama’s tenure, according to
research from two government spending watchdogs. The VA dramatically
increased its purchases of artwork since 2009, according to the research.
Ever increasing taxpayer dollars to fund the VA
when VA performance declines when given the money?
Talk is cheap, and walking it is difficult, but I'm not so sure it isn't a good thing so
many of these bills get voted down or otherwise do not become law. By the time
they get through the hallowed halls of Congress most are so full of filet
mignon going to other congresspersons' districts to
buy their votes that the original intent is overshadowed.
A U.S. Army National Guard staff sergeant says he and one of his Army veteran
friends were assaulted by Black Lives Matter supporters in San Antonio,
Texas, Thursday Evening. “As I was getting my face stomped in and thrown
through a window, they (all 4 of them) were yelling racial slurs saying
how whites sucked and black lives were better,”
Mark Stephen, the second victim, said on Facebook.
A special court in Madison County has been helping veterans
avoid jail since 2009. Circuit Judge Charles Romani Jr., an Army
sergeant during the Vietnam War, began the Madison
County veterans court in 2009, the Belleville News-Democrat reports.
Dr. Brett Valette provides Military Veterans with psychological
Independent Medical Evaluation, Independent Medical Opinions,
Nexus Letters and Ratings Reviews. For more information visit
Disability Service Connection
Secondary Service Connection-Increased
Total Disability Rating -
Individual Unemployability -
Compensation under 38 U.S.C. 1151 -
Special Monthly Compensation -
Specially Adapted Housing/Special
Home Adaptation Automobile
Allowance/Adaptive Equipment -
Benefits Based on a Veteran's
Seriously Disabled Child
Notice of Disagreement
The first step to appeal
Application for DIC, Death Pension
Above are the executives who control the Department of Veterans Affairs, the Veterans Health Administration, the Veterans Benefits Administration, your VA benefits and your health care.
Lawyers, Fellows in the American College of Trial Lawyers, today filed a
petition with the United States Court of Appeals for Veterans Claims
seeking an order requiring the Department of Veterans Affairs
(VA) to eliminate unconstitutional delays in the VA appeals system.
From the Desk of Drew Early
Veterans Law Attorney
The suit above may not seem like much to an outsider, but when you consider the
caliber and qualifications of the litigants bringing the suit, it really becomes impressive.
The American College of Trial Lawyers represents some of the most seasoned
and highly qualified trial lawyers in the Nation. You don't apply to them; you
must be invited. The actual litigants in the matter are all Fellows of the
College--that in itself speaks volumes. Then, consider the strength of firms
they work for--King and Spalding is in Atlanta and is very established, with a
great record of pro bono veterans support and Williams and Connolly in DC,
similarly a very veteran-supportive firm. You should note these firms are
bringing the action pro bono for their veteran clients--some of the best law
firms in the Nation are rallying around this issue.
To me, that speaks volumes--both in terms of the legal community truly helping
veterans as well as the quality of that representation. I know John Chandler
personally from King and Spalding and he is a true gentleman and an
ardent advocate for veterans. He, his fellow litigators, and the firms
that are involved are all doing veterans real service as they bring this issue forward.
/s/ Drew Early
About Your Claim?
The process of filing a claim for
VA disability benefits can be daunting
and confusing. If you have questions
Gisela Schmid is a veterans
advocate, an agent who is
accredited by the VA to represent veterans.
Ask Gisela about your claim,
how to file a claim or how to
get an increase in your existing benefit.
There is never a fee for talking with Gisela.
Wheelchairs for veterans
Government has a duty to ensure adequate mobility for disabled vets
Local and national Veterans Affairs officials are hoping initiatives such
as appointment scheduling systems and a new model walk-in
clinic in Charleston will help the agency rebuild veterans' trust.
veterans with mental problems, poll says
‘The civilian military divide is still there’
A survey by the George W. Bush Institute’s Military Service Initiative
says Americans have a warped understanding of veterans mental health issues.
Hillary Clinton doubled down Monday on her commitment to preserve
the full education benefits now provided by the GI Bill to
post-9/11 veterans and their families to attend college.
The Commission on Care, commissioned by Congress in 2014 to reform the
troubled Veterans Health Administration (VHA), issued its final report on July 6.
In an accompanying statement, Commission Chair Nancy Schlichting writes
that the report offers “bold recommendations that set a foundation for
ensuring our nation’s veterans receive the care they
need and deserve, both now and in the future.”
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