News
Lawmakers Push for Military Records Processing to Resume
December 8, 2020After an almost complete halt in operations due to the pandemic, congress members are desperately urging the National Personnel Records Center (based in St. Louis) to resume military records request processing.
According to an article published by Military.com, “Led by Reps. Van Taylor, R-Texas, and Jimmy Panetta, D-Calif., the group expressed dismay that the center, which falls under the National Archive and Records Administration, pared its staff down to less than 10% of full strength Nov. 7 and announced its effective closure except for emergencies. This follows a similar closure from March 23 to June 23 this year due to COVID-19. There’s no indication from the center on when full operations will resume.”
Relevant pages: Veterans Disability
Categories: Veterans Disability News
VA Blames Agent Orange Care Study Delays on Pandemic
December 4, 2020Early last year, the Department of Veterans Affairs stated that their goal was to make a decision on whether to extend care and benefits to veterans affected by Agent Orange. Now, more than a year later, the VA has announced that the decision won’t be made for at least six more months.
According to an article published by Radio.com, “On Nov. 17, VA Press Secretary Christina Noel said in a statement that the department had no announcements on changes to the list of presumptive Agent Orange conditions or updates on the two internal studies which Secretary Robert Wilkie said previously would be key in his decision. That list of “presumptive” conditions includes all of the illnesses VA recognizes as service-connected diseases related to the toxic herbicide and therefore provides coverage and benefits for. Days later, however, Noel told Connecting Vets that a decision is unlikely before mid-2021, when the results of the studies are now expected.”
Relevant pages: Veterans Disability
Categories: Veterans Disability News
VA’s decision to shutdown in-house compensation and pension exams raises concerns
December 3, 2020The Department of Veterans Affairs’ plan to shut down in-house compensation and pension exams is raising serious concerns amongst ex-employees and lawmakers alike.
According to an article published by Stars and Stripes, “In addition to concerns about the backlog, lawmakers are worried about the quality of exams performed by contractors. [Senators] argued that contractors had less experience evaluating veterans’ unique conditions and could misdiagnose them, leading to an increase in appeals.”
Relevant pages: Veterans Disability
Categories: Veterans Disability News
VA Continues to Deny Healthcare to Veterans With Toxic Exposure
November 23, 2020According to Dr. Patricia Hastings, chief consultant for post-deployment health services at the Department of Veterans Affairs (VA), more scientific information is needed in order for the VA to confirm or correctly assume the possible or known long-term adverse health effects caused by toxic exposure.
However, according to an article published by Stars and Stripes, “[Recently] declassified Defense Department documents show the Pentagon knew troops were exposed to multiple toxins and hazards that have led to hundreds of cancer cases and dozens of dead veterans after deploying to the Karshi-Khanabad Air Base, known as K2, in Uzbekistan in the early days of the War on Terror.”
House lawmakers continue to be frustrated by the agency’s continued unwillingness to provide healthcare to veterans who have been exposed to toxic substances during service.
Relevant pages: Veterans Disability
Categories: Veterans Disability News
Wolf and Brown Secures Service-Connection for Vietnam-Era Veteran
November 11, 2020
Matthew J. Brown, Esquire, the accredited VA attorney for the Veterans Department at Wolf & Brown, successfully secured a favorable decision and settlement for a Vietnam-era veteran, who has been denied service-connection since 1968.
The crux of the veteran’s appeal was whether he was “boots on the ground,” serving in the Republic of Vietnam, during the war effort, to be an entitlement to the presumption of exposure to herbicide, or more commonly known as Agent Orange. The veteran’s hurdle in proving he served in-country was due to the secret nature of his missions in Vietnam.
The veteran’s military occupational specialty was as a teletype interceptor. He was trained by the National Security Agency, for the purpose of serving with the Army Security Agency, in an effort to support the forces serving in Vietnam.
For historical background, in 1965, the U.S. was concerned about the North Vietnamese Army continued attacks further into the Republic of Vietnam and in response, General Westmoreland recommended combining
the strengths of the Army and Marine forces, together with the support of air and naval forces to support the existing level of U.S. aid.
The need for in-country analysts and equipment was highlighted during Operation Silver Bayonet, wherein the 1st Cavalry Division and Republic of Vietnam forces launched a pursuit operation against two regiments of the North Vietnamese 325th Division. It was learned that a high rate of disclosures of communication frequencies, operational plans, and intelligence formation was being disclosed by the 1st Cavalry themselves; thus, compelling the Joint Chiefs of Staff to order the shipment of all available voice encryption devices to Vietnam to help stem the tide of COMSEC violations.
The 371st RRC, formed by the United States Army Security Agency in 1962, was attached or assigned to the 1st Cavalry Division for most of its life. It is this division that it saw wartime service in the Republic of Vietnam from 1966 to 1971. The unit rosters were filled utilizing temporary duty (TDY) assignments. The reason for not utilizing full-time deployment assignments was fear of exposing installation teams to enemy attack outweighed the intelligence gathered. The mission of the 371st was to provide combat information to the Division Commander in pursuit of his mission. The company served well and faithfully, earning two Presidential Unit Citations, four Meritorious Unit Commendations, and one Valorous Unit Award.
The veteran has a TDY travel from his duty station to the 371st RRC. However, because of the nature of his military occupation code (MOS), his TDY assignment was never recorded, and his in-country service never documented.
Wolf and Brown successfully argued at a hearing before a Veterans Law Judge, that absent direct evidence of in-country service, the veteran has presented substantial, probative, and relevant evidence documenting his association with the United States Army Security Agency (ASA), his training for the documented MOS, relevant testimony supported by the evidence of record, and also corroborative evidence from his family, treating doctors, service records, and historical researcher that tends to prove by a preponderance of the evidence the veteran served in-country and should be extended the presumption of exposure to Agent Orange and recognized for his in-country service.
And in a Board of Veterans Appeals decision dated September 9, 2020, the veteran was rightfully awarded entitlement to the presumption of exposure to Agent Orange, and collaterally entitlement to service-connection for his claimed presumptive conditions.
This case stands out for Wolf and Brown as the veteran, for over 53 years, was “ashamed” to wear any identifiable clothing that he was a service-member and proudly served his country in Vietnam. We are now proudly able to state, with affirmation, the veteran is now recognized by the Veterans Administration as a Vietnam veteran who valiantly served his country.
Categories: Veterans Disability News
Vietnam Veterans Continue Fight for Agent Orange Benefits in Court
November 9, 2020Stephen Kinnaird, a veterans attorney, recently argued in court that the U.S. Veterans Administration should automatically pay retroactive Agent Orange benefits without requiring veterans to file new claims.
According to an article published by Courthouse News Service, “Kinnaird’s clients sued the government in 1986 for denying claims for benefits based on diseases that it subsequently found were tied to exposure to the toxic contaminant dioxin in Agent Orange, an herbicide used to clear forested areas in Vietnam. In 1991, Congress passed the Agent Orange Act, which requires the VA to assume all veterans who “served in the Republic of Vietnam” from 1962 to 1975 were exposed to Agent Orange. A few months later, the VA agreed in a 1991 consent decree to reexamine claim denials for diseases that it subsequently found were tied to Agent Orange and to grant retroactive benefits where appropriate.”
Relevant pages: Veterans Disability
Categories: Veterans Disability News
Investigation Reveals K2’s Dangerously High Radiation
November 6, 2020A recent investigation found new evidence linking rare cancers to service members who served at Karshi-Khanabad, or K2, a former Soviet base in Uzbekistan.
According to an article published by CBS News, “After 9/11, the U.S. Department of Veterans Affairs says about 10,000 troops passed through K2 over a four-year period, supporting missions hunting al Qaeda. But while stationed there, some say they were surrounded by dangerous, toxic waste at the running track and at a site nicknamed “Skittles Pond” for its changing shade…Now, for the first time, a Department of Defense employee involved in testing at the base is going on the record.”
A VA spokesperson stated that all disability claims are decided on an individual basis and that the department will be following the possible health effects of K2 deployment very closely.
Relevant pages: Veterans Disability
Categories: Veterans Disability News
BEWARE OF SOCIAL SECURITY PHONE SCAMS
November 5, 2020The Social Security Administration (SAA) is advising all to be on the lookout for fake calls, texts, and emails from scammers posing as government officials. These calls have been known to use fear to gain information by threatening an individual and demand immediate payment to avoid arrest. These calls are NOT legitimate.
To help you prepare for and identify these calls, the SAA has released some helpful tips.
Relevant pages: Social Security Disability
Categories: Social Security Disability News
VA partners with Apple to Provide Veterans Expanded Access to Virtual Healthcare
November 4, 2020The Department of Veterans Affairs (VA) has teamed up with Apple to expand access to virtual health care for veterans by providing them with free cellular-enabled iPads.
According to an article published by the VA, “To standardize the program and provide Veterans a consistent, quality experience, VA will exclusively distribute iPads to Veterans. iPads offer Veterans the combination of portability, user experience, data privacy, and security made possible through Apple’s integrated hardware and software platform. The collaboration between VA and Apple, facilitated by the VA Secretary’s Center for Strategic Partnerships, provides VA with Apple’s expertise to help enhance the platform and ensure Veterans and health care professionals have the best telehealth experience.”
Relevant pages: Veterans Disability
Categories: Veterans Disability News
New Law Extends Mental Health Services to National Guard and Reserve Troops
November 2, 2020The Vet Center Eligibility Expansion Act – a law aimed at reducing veteran suicides by extending mental health services to National Guard and Reserve troops who were previously not entitled to such services – was recently signed into law.
According to an article published by Military.com, “The VA already was authorized to provide counseling through Vet Centers to veterans and service members, including members of the National Guard and Reserve who served on active military duty…But members of the National Guard, Reserve or Coast Guard who participated in a drug interdiction or responded to a national emergency, major disaster or civil disorder were not eligible to receive Vet Center care, even though such service can have serious mental health consequences, Roe and Dunn said. The new law extends that eligibility to these individuals.”
Relevant pages: Veterans Disability
Categories: Veterans Disability News