The Honoring All Veterans Act of 2011 – introduced yesterday by Senator Richard Blumenthal (D-CT) –seeks to improve health care, education, employment, and housing for veterans. “Our military men and women have kept their promises to our country, and now we must keep faith with them, not only in words but in deeds,” said Blumenthal.
The Aid and Attendance Pension Benefit Rates for 2011:
Up to $1,644 per month for a single veteran
Up to $1,949 per month for a married veteran or a veteran with one dependent
Up to $1,057 per month for an un-remarried widowed surviving spouse
For some couples, aid and attendance benefits may increase. The Bill passed the House May 23rd and will need to pass the Senate next. The legislation seems to be on the fast track to becoming law. GovTrack reports, “the vote was held under a suspension of the rules to cut debate short and pass the bill, needing a two-thirds majority . . . [usually reserved] . . . for non-controversial legislation. The totals were 380 Ayes, 0 Nays.”
The aid and attendance benefit would be increased for disabled veterans who are married to one another.
The Veterans Administration would seek to remedy substance abuse by using data from state prescription drug monitoring programs (PDMP).
This provision may be criticized by privacy groups. According to DeaDiversion, the National Alliance for Model State Drug Laws (NAMSDL), a PDMP is a statewide electronic database which collects designated data on substances dispensed in the state."
An Independent Board would review DOD/VA transition problems including benefits.
“Our nation must keep faith with men and women who serve and sacrifice for our freedom. Unfortunately and unconscionably, America is still failing them and their families by tolerating unemployment, homelessness and inadequate health care,” said Blumenthal.
“This legislation comes from listening to and working with veterans and their families. While the Honoring All Veterans Act addresses many critical needs, it is only an opening salvo in a sustained, unceasing campaign to ensure that no veteran is left behind. It is a down payment on a larger debt,” said Blumenthal, according to politicalnews.me. “Our military men and women have kept their promises to our country, and now we must keep faith with them, not only in words but in deeds.”
Accreditation
Federal law dictates that no one may help a veteran in the preparation, presentation and prosecution of an initial claim for VA benefits unless that person is accredited. The only exception to this law is that any one person can help any veteran -- one-time only -- with a claim. To help any veteran a second time requires accreditation.
VA recognizes 3 types of individuals for purposes of accreditation.
(1) Accredited attorneys
(2) Accredited agents and
(3) Accredited representatives of service organizations. (Veterans Service Officers)
In order to be accredited to help veterans with new claims, an individual desiring this certification from VA must submit a formal application, must meet certain character requirements and work history requirements and -- except for attorneys -- must pass a comprehensive test relating to veterans claims and benefits. There are also requirements for ongoing continuing education. Without accreditation no one may help a veteran with a claim more than one time.
What Does It Mean to Help a Veteran with a Claim?
VA interprets its prohibition on preparing, presenting and prosecuting a claim to mean that talking to a veteran or a veteran's qualifying spouse or dependent after that person has indicated an intent to file a specific claim for benefits requires accreditation. Anyone can talk about veterans benefits in general with any veteran and need not be accredited. The point at which discussion narrows down to specific information about the veteran's service record, medical conditions, financial situation including income and assets and other issues relating to a claim specific to a veteran or dependent triggers accreditation. According to VA, discussing the specifics of the claim means that the veteran has expressed an intent to file an application for veterans benefits, and at this point, the consultant helping the veteran must be accredited.
Stated again: An individual cannot advise a veteran or other eligible beneficiary about that person's specific claim for VA benefits unless that individual is accredited.
It does not matter whether physical help with filing the claim is provided or not. The need for accreditation occurs at a much earlier stage than becoming physically involved in the claim. For a better understanding of how VA General Counsel interprets the need for accreditation please go to the VA Office of General Counsel Website -- Frequently Asked Questions about Accreditation at http://www4.va.gov/ogc/accred_faqs.asp Working under the Umbrella of an Accredited Attorney or Accredited Claims Agent
Many individuals or organizations who are not accredited and who are promoting and helping veterans obtain their benefits are often attempting to work under someone who is accredited. Most of these individuals are doing it wrong and not complying with the law.
These individuals make sure that the application is done by an accredited attorney or an accredited agent. In some cases, non-accredited individuals will refer veteran households to a local veterans service officer (an accredited representative of a service organization).
Unfortunately, most individuals who are not accredited and who are operating with someone who is accredited are still illegal. This is because the non-accredited individuals become involved in the claim by providing advice after an intent to file and in many cases they help gather documents and other pertinent information. As mentioned above, these activities require accreditation. The only way that a non-accredited individual can operate legally to assist someone who is accredited is to immediately refer a veteran or dependent to an accredited person when first understanding an intent to file a claim. No additional help or advice may be given after the intent to file has been recognized.
Special Salute to Troops from Tim McGraw:
Many accredited attorneys are also not operating legally. Only an accredited attorney -- one-on-one with the client -- may be involved with a claim. Anyone else, inside or outside of the office, cannot assist with the claim except under certain limiting conditions. Specifically, in order to work under an attorney, a non-accredited assistant must either be another attorney in the office, a certified paralegal in the attorney's office or an office law student or an intern. The client must also sign a consent letter allowing this arrangement. This consent must be filed with the original application. No other arrangement is allowed. Please see 38 CFR § 14.629 for an explanation of this requirement.
Charging a Fee for Help with Filing a Claim Generally, no individual or organization may charge a fee for help with filing an initial application for benefits. There is only one exception to this rule and that is under the third-party exemption in 38 CFR § 14.636 (d). The requirements under this exception are very specific. In our opinion, no one that we know of, who is charging a fee, thinking he or she is operating under this exception, is doing it legally. Here are the ways these people are violating this law. (In most cases those who are operating illegally are engaging in all 4 of these unlawful activities.)
(1) The person paying the fee is not a disinterested third party as required by law.
(2) The person filing the claim is not submitting the fee agreement to VA general counsel as required.
(3) The person filing the claim is not submitting the disclaimer to General Counsel as required.
(4) The fee is contingent upon a percentage of the amount of the approved benefit.
We are seeing various financial arrangements for filing claims that are disguised fees in one way or another. As a general rule, anyone who would directly benefit financially from helping a veteran file a claim -- whether a direct fee is charged or not -- is in essence charging a fee. We know from numerous discussions with representatives, this is the way VA General Counsel treats these arrangements.
If you are working with someone who is not operating legally as outlined above, you should stop using that person's services. If you yourself are operating in a manner that is not in accord with the conditions outlined above, you must stop doing that. You're not legal. Not only could unauthorized individuals get a notice to cease and desist but in some cases there could be fines or legal action involved as well. It's not worth it. For help with accreditation issues you can contact the National Care Planning Council at info@longtermcarelink.net. Image: Michael Elliott / FreeDigitalPhotos.net Evan H. Farr on Google +
According to Health.com, Veterans who struggle with post-traumatic stress disorder (PTSD) may be at an increased risk for heart disease and early death.
“[PTSD] is a disorder that occurs after a life-threatening event, such as personal assault, natural disaster, or military combat…affects can be debilitating with symptoms ranging from severe nightmares and flashbacks to insomnia and increasing social isolation,” explains the PTSD Support reference section on Military.com.
But perhaps a common misconception is that veterans who suffer from PTSD only experience mental anguish, anxiety, and depression. “The disorder may damage blood vessels and increase the risk of dying early,” however, reported Health.com after the latest meeting of the American Heart Association.
Just as alarming as the flashbacks and nightmares may be the reported increased risk of heart disease. “If a vet has PTSD, they need to be under surveillance for cardiovascular disease as they age,” notes Joseph Boscarino in the recent CNN article, an expert on the association between stress and physical manifestations of illness. According to research, veterans with PTSD tend to have more calcium build-up in their arteries, which can lead to atherosclerosis, a condition of the arteries that has been connected to heart attacks.
The study yielded surprising results. Of the nearly 300,000 veterans studied, those with PTSD were more than twice as likely to die during the course of the 10-year study. Specifically, just fewer than 30% of the PTSD diagnosed veterans died during the study, whereas just 8% of the non-PTSD veterans passed during that same time frame.
Non-conventional treatments have been gaining popularity: Dolphins and puppy’s have been used to help soldiers cope with stress. Check out the CNN video report below entitled, Dolphins help veterans overcome PTSD stress. Such unconventional methods may be successful because stress is known to be a contributing factor to heart disease.
Dolphins are great, but we can’t skip this story about man’s best friend, entitled, Puppies helping veterans.
For an explanation on the treatment options for PTSD, that information is available to vets via the PTSD guides located on the United States Department of Veterans Affairs website. According to them, “Cognitive behavioral therapy” is a suggested treatment option.
What can veterans do to combat the physical risks of PTSD? Since heart disease has been indirectly linked to PTSD, vets should understand the risk factors that can be controlled. The American Heart Association suggests the following for limiting heart attack and stroke risks:
-Avoid tobacco
-Exercise
-Eat complex carbohydrates, avoid trans fat
-Maintain a healthy BMI – (check your BMI here, courtesy of the Department of Health and Human Services)
-Do not drink alcohol excessively
VA Benefits Eligibility: Military.com explains, “[e]ligibility for most VA benefits is based on discharge from active military service under other than dishonorable conditions.” Whether a vet is entitled to benefits is something he or should may consider speaking to a lawyer who specializes Veteran Benefits filing. For more information in the meantime, you can view the "Veteran's Benefits FAQ" provided by Military.com.
Veteran’s proof of military service burns in fire; VA not willing to make exception
A 93 year-old veteran from CA can’t get the benefits he says he is entitled to, even though he was drafted in 1943, and served in the U.S. Navy during World War II.
Bakersfieldnow reports that the veteran is having difficulty in obtaining benefits he would be entitled to, but for the fact he can’t prove he was honorably discharged. The VA office can’t move forwared without proper documentation, but the documents may not exist. A county representative believes the papers were destroyed in the fire of 1973 (in St. Louis.)
"I feel like I'm not a human anymore, because the computer says I'm not alive," Quinlan told Eyewitness News. The problem isn’t even his fault. "They had a huge fire in St. Louis, and all these records are gone."
Although these days we have means to ensure data is not lost because of accidents or disasters, veterans who have lost key documentation in the past are currently in need of reformed VA policies.
