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Recent Blog Posts
Current VA Regulations Favor CPAP Users
Under current VA regulations, veterans who are prescribed a CPAP (continuous positive airway pressure) machine receive an automatic rating of 50 percent disability rating if approved. In fiscal 2013, veterans receiving compensation for sleep apnea jumped by 26 percent, to include more than 29,000 beneficiaries, VA data show. As of Oct. 1, a total of 143,278 vets were rated disabled by sleep apnea. 89 percent of those approved received ratings of at least 50 percent.
For more information, visit: http://www.military.com/benefits/2014/02/20/va-congress-shrug-as-sleep-apnea-claims-surge.html
Even After Vietnam, Agent Orange Still a Health Issue for Veterans
Military veterans who say they were sickened by lingering amounts of the herbicide Agent Orange after the Vietnam War now have some strong scientific support for their claims. According to Linda Birnbaum, director of the National Institute of Environmental Health Sciences, studies support the fact that Veteran's who flew in planes contaminated with any dioxin or components of Agent Orange were more likely to be exposed than those servicemen who had boots on the ground in Vietnam.
For more information, visit:
http://www.huffingtonpost.com/2014/02/21/agent-orange-veterans-air-force-c123s_n_4828180.html
VA Broke Its Promises, Court Says
Recently, a Federal Circuit Court judge chastised the Department of Veterans Affairs (VA) for allowing the agency's Board of Veterans' Appeals to continue to use a disputed procedural rule in hearings – despite the VA's expressed promise to no longer employ the rule.
Specifically, the rule in question – which was not supposed to used – limited certain due process rights for veterans seeking benefits before the Board of Veterans' Appeals. The court found the continued application of this rule so egregious that it believes sanctions may be appropriate. Furthermore, the court ordered the government to now show cause why sanctions should not be enforced against the responsible officials.
Due process rights in VA benefits process
The veterans' benefits system in the United States was supposed to be designed to be very veteran-friendly. In fact, various procedural due process and appellate rights are afforded to veterans seeking benefits.
VA Disability Claim Backlog Improves, But Still Significant
Recently, the Department of Veterans Affairs reported that it has been making headway at reducing the overwhelming backlog of veterans' disability claims. Indeed, the agency reported that they number of backlogged disability claims – specifically, the claims pending more than 125 days – has dropped nearly 20 percent from its highest point roughly four months ago.
However, while this drop likely comes as welcomed news to those waiting for disability benefits, critics are still concerned that it is still not enough. Even President Obama conceded as much in a recent speech at the Disabled American Veterans' convention when he stated, 'Today, I can report that we are not where we need to be, but we're making progress.'
For instance, despite the recent 20 percent drop in backlogged disability claims, there are still nearly 500,000 claims that have been pending more than 125 days – with total claims sitting at 773,000, according to the VA. And, it is numbers such as these have prompted veterans groups to take additional action. Recently, a petition submitted by the group Concerned Veterans for America, and signed by 26,000 veterans, was sent to the White House calling for an end to this backlog.
Social Security Disability Insurance: Don't Go It Alone Without a Lawyer
A new U.S. Senate subcommittee report raises serious concerns about the quality of decision making on applications for Social Security Disability Insurance benefits. The findings underscore the need for an applicant to have an experienced advocate at every stage of the process. A knowledgeable SSDI attorney can act as his or her client's watchdog before the Social Security Administration, or SSA, by looking at whether the agency is appropriately developing and evaluating the claim for disability insurance.
The SSDI Program
SSDI is a federal program that provides monthly payments to people disabled from working by physical or mental impairments, or combinations of impairments, that will either prevent them from working for at least a year or result in death. An eligible claimant must also meet certain detailed financial requirements that basically ask whether he or she has worked fairly recently and been employed on a mostly regular basis over the years.
Possible Change to Social Security COLAS May Result in Reduced Benefits
As anyone who is unable to work due to a disability can attest to, the importance of Social Security disability (SSD) benefits cannot be overstated. This federal safety net can often be the sole source of monthly income for those who simply cannot hold a job because of their disability – whether physical or mental.
In fact, according to the 2011 Annual Statistical Report on Social Security Disability Insurance Program – which is the most recent report available – there were 626,954 Social Security disability beneficiaries in Texas alone in 2011. Of these, 595,925 were between the ages of 18 and 64 – which represents roughly 3.7 percent of the total population in Texas.
Given the extreme importance of SSD benefits to such a large population of Texans, the recent discussion among federal lawmakers to link Social Security cost-of-living adjustments (COLA) to the chained consumer price index (CPI) – which would result in smaller cost-of-living adjustments – may be cause for concern among disabled workers.
Veterans Disability Benefit Wait Times Increasing
With the recent conclusion of the wars in Iraq and Afghanistan, many soldiers are finally returning home to their families. The time apart can strain many families, and make it difficult for everyone to adjust once they are together again.
However, this is not the only struggle that veterans face when their service time is over. Many soldiers that have served in war zones often end up injured in these conflicts and some of these injuries can have a life-long impact. These veterans will need to file for veterans disability benefits, and many are surprised to find out how long the process can take.
The U.S. Department of Veterans Affairs (VA) is the agency that handles the requests for disability benefits. The wait time for these claims has been increasing dramatically. Since October of 2011, the average wait for the processing of claims has rise from 223 to 262, according to a recent VA report.
Unfortunately, disabled veterans living in central Texas have firsthand experience with the frustration caused by these delays. The VA's regional office in Waco lists an average claims-processing time of 418 days, which is substantially higher than the national average.
Perhaps even more concerning is the fact that when the claims are processed, there is a high rate of error out of the Waco office. Nearly one out of every five claims is processed incorrectly. The 17.5 percent error rate ranks eighth in the nation.
New Study Sheds Light on Fibromyalgia, Offers Confirmation to Sufferers
There are many types of conditions, illnesses or injuries that individuals suffer from that quality them for disability benefits. Some are physical or neurological, others are psychological.
One condition, often criticized and controversial, is fibromyalgia. Throughout past years, the condition has been suspect because experts in the medical field disagree on its true cause-some even believe that fibromyalgia is simply psychosomatic.
However, the results of a new study may shed light on the real cause of the condition and debunk the critics who believe it's all in the patient's head.
Understanding Fibromyalgia
Fibromyalgia is a medical condition that causes discomfort and extreme sensitivity to pain throughout a person's entire body. Along with resonating pain, sufferers of the condition also experience constant numbness, tingling, tenderness and stiffness in their joints, hands, feet, arms and legs. Due to the continuous stress the condition inflicts on the human body, many people simply cannot work or even perform daily activities.
Experts in the medical field, however, have yet to come to a concrete consensus about the actual cause of fibromyalgia-even though the condition was coined over 40 years ago.
However, researchers from a new study say they may have found the true cause.
SSDI Fund Faces Hard Times Ahead If No Changes Are Made
According to Social Security actuaries, the Social Security Retirement Fund will run dry in 2034 – meaning retirees will likely only receive roughly 75 percent of promised benefits at that time. But, while the slow depletion of retirement funds is certainly a significant problem, there is actually another Social Security fund relied upon by millions that will be exhausted far sooner, and that is the fund for Social Security Disability Insurance(SSDI).
Sadly, Reuters reports that the SSDI trust fund will be emptied by 2016. This means that nine million disabled individuals – and two million dependents – will have to endure a 20 percent reduction in disability benefits if nothing is done to rectify the situation before that time.
Some experts believe that this crisis can be averted if Congress simply reallocates a small percentage of payroll tax revenues to SSDI from the retirement program. In fact, according to the Social Security Administration's chief actuary, Stephen Goss, reallocation of a mere 1/10th of 1 percent would equalize the long-term outlook of both programs.
Veterans with an Other-Than-Honorable Discharge
This week, NPR has been broadcasting a series of stories about veterans, including a story about veterans coping with returning to civilian life after a less-than-honorable discharge. According to NPR, Navy veteran Eric Highfill has received an Iraq campaign medal, an Afghanistan campaign medal, a good-conduct medal, and credentials in marksmanship and rifle sharpshooter. However, the 27-year-old veteran has a less-than-honorable discharge after a DUI while in service. As a result, he will receive no VA assistance, no disability compensation, and no GI Bill. According to NPR, this will also be a red flag on his job application, since most veterans service organizations won't accept this either, and even some private-sector jobs for vets accept honorable discharge only.
Another example is that of Army veteran Reed Holway, who in 2005 served a 13-month tour in Iraq, where he was subjected to multiple mortar explosions that ultimately led to his diagnosis of post-traumatic stress disorder (PTSD). Holway began having difficulty sleeping, and his mental health screenings indicated depression and violent thoughts. Holway began drinking and eventually suffered a breakdown, which led to an assault. As a result, Holway was discharged under less-than-honorable conditions.
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