Military Veterans' Lawyer Blog

For those of you who have served, you know this Fact - - Military Retirees are Veterans. But it seems with Sequestration upon the United States, the Department of Defense at the urging of the White House has a solution - - have Military Retirees pay MORE IN TRICARE FEES.

Why raise TRICARE fees because of my favorite White House word “fairness.” The whole idea pushed for Obamacare was fairness for those without health care. But the WH states Military Retiree’s Health Care costs are not fair compared to the public.

But is it fair to give free health care to those who do nothing? And then conversely argue it is fair to force Veterans who are Military Retirees (remember Military Retirees include veterans who were medically retired due to Injuries) to pay ever increasing TRICARE fees. TRICARE raised all fees in 2012. No - - The proposal to keep raising TRICARE fees on the back of veterans is not fair.

Military Retirees are veterans WHO EARNED their Health Care. The attack on veterans health care has been on-going, but now is actually making it more difficult for veterans to keep their health care. Back in 2002, Col. Bud Day, Medal of Honor Recipient, argued for WW II and Korean veterans to receive their Health Care as promised. Raising fees for Military Retirees, i.e. Veterans, will take away earned health care and property, money, from veterans.

Military Retirees - - contact your Senators and Member of the Congressional House to stop this fleecing of Veterans who are Military Retirees. Military Retirees, who again are Veterans, EARNED their HEALTH CARE “rights” by 20+ years of service or by being medically retired due to a service-connected injury, event, or disease caused while protecting the United States. All U.S. citizens need to OPPOSE the White House’s attempt AGAIN to raise your TRICARE fees.

The White House and politicians change the dialogue. Instead of hearing a succinct statement of the truth that

The White House has decided Military Retirees with 20 years of service and medically retired service members who are both veteran’s are not deserving of low cost health insurance, as those in this country illegally are more deserving.

Military Retirees are presumed to opposed Democrats and Illegal’s are presumed to support Democrats. Therefore the WH proposes to RAISE TRICARE fees while at the same time pushing Obamacare to those who have not served.

Thus, the WH's position is that Charging Veteran's More for their Earned Health Care is more fair because this provides another means to generate revenue for the United States. Private Health insurance fees are NOT EQUIVALENT to Military Retiree's fees, because military service is NOT EQUIVALENT to Public or even Political service.

The Law Office of Robert B. Goss, P.C., http://www.attorneyforveterans.com strongly opposes any fee increase on Veteran's for their EARNED Health Care.

Memorial Day, is a federal holiday observed annually in the United States on the last Monday of May. Memorial Day is a day of remembering the men and women who died while serving in the United States Armed Forces. Formerly known as Decoration Day, it originated after the American Civil War to commemorate the fallen Union soldiers of the Civil War. By the 20th century Memorial Day had been extended to honor all Americans who have died in all wars. When you wake in the morning, say a quick prayer for those who have given their lives so that you might be allow to pray.

Thank you to all the veterans, active duty, their families who also serve and fear for their loved one. I can attest, the kids and family are also serving and deserve to be thanked for their sacrifices. http://www.attorneyforveterans.com/lawyer-attorney-1325495.html

To Cynthia, Hans, Victoria, and Christopher, thank you - - I love you and THANK YOU for all you gave to me and this country through your sacrifices.

And to my paratrooper, Hans, Really really you learned from observing a pilot that jumping out of perfectly good airplanes is what a pilot taught you? LOL. :)

Happy Memorial Day to all the Veterans and their Families

IT IS AN HONOR TO SERVE YOU http://www.attorneyforveterans.com/

Happy Memorial Day 2012

Rationale:

Any form that you sign for a medical procedure becomes a legal document certifying that you have read and understand every single issue that may result from this procedure. Death and injury may occur from a medical procedure. For instance, anesthesiology is a very risky and dangerous process and medical procedure — that is required for many operations.

The informed consent will list death as a possible result of this procedure. Once you sign that electronic pad / form, you are acknowledging that you understand and accepted any risks, and you have determined the benefit of the operation / procedure outweigh any risks you have been "informed." The Law Office of Robert B. Goss, P.C. can assist you, see http://www.attorneyforveterans.com/lawyer-attorney-1325515.html

But the VA told me its normal procedure just to sign the electronic pad — where I cannot read the informed consent — the VA is required to provide you a paper copy before you sign this document. Again, this electronic system is in response to the HIPAA Laws or the electronic patient information mandate.

If something bad were to happen to you during a medical procedure, the defense you did not see what you are signing when you signed the electronic pad is not going to protect you. You may be barred (stopped) from recovering any damages against the health care provider or medical facility.

More importantly, informed consent is there to protect you. The words "informed consent" mean exactly that - - You are granting the physician the right to conduct the operation or procedure on your body knowing full well all of the possibilities for the outcome of this operation or procedure.

Informed consent Is a legal document to protect you. Any hospital is required to show you a written informed consent prior to you signing an electronic pad. Your electronic signature will be translated into the document.

Do not accepted a statement, that they will have to retrieve the form. Do not sign an electronic pad without knowing full well what you are signing. Yes — this means making the person requesting you sign go get the paper copy of the informed consent.

Protect yourself — know what you are signing. Consent only if you are properly informed and agree to the risks and Understand the medical operation or procedure. See http://www.attorneyforveterans.com/lawyer-attorney-1325515.html for a short explanation of informed consent.

Continue reading "VA's electronic informed consent pads — Never sign a form you have not read and understand!" »

The Congressional Budget Office posted the changes for TRICARE as proposed by Congress in the Health Care plan of 2009-10.

At the same time politicians scream the country needs Health Care, the same politicians are silently taking away health care benefits earned by retired military men and women.

Men and women who accepted the call to defend this country, often at much lower wages than they could earn in the civilian world, because they made choices. These choices involved love for their country and other intangible and tangible issues including being told Health care was a benefit they would earn and have if they served 20 years and retired honorably. These brave men and women earned their Health Care. So why is Congress taking from the veteran?

Congressional staffers for years have looked at the veteran's TRICARE and other related health care programs as a hemorrhaging budget item. Their solution, have the veteran pay MORE.

The rationale of the Congressional or DoD staffer is simple, they mistakenly claim civilians pay more. I argue the military member has paid much more than the civilian. Some veterans will never recover from their wounds. Other veterans chose to stay in the military under the belief Health Care was a benefit they would be provided while on active duty and after retiring.

Veterans paid by serving their country for 20 or more years. That was the contract between the United States and the military member / veteran. Serve your country honorably, retire, and receive Health Care as a partial compensation for accepting the duty and lower earnings over 20+ years.

While Congress screams to force business to pay for Health Care for their employees. Congress does not feel the same about their employees, military men & women. Veterans need to write their Congressional Representatives.

To read a synopsis of the Health Care which was proposed and how it affects TRICARE users read below.

Continue reading "Health Care Changes for Retired and Tricare Eligible Veterans?" »

Recently one of my staff had a few medical exams. This reminded me of a plea by Col. Tim Gann (not Brig. Gen. Gann), who came to the USAF Doctrine Center in 1997. Col. Gann stated a prostate exam had saved a fellow Army War College student’s life by catching the student’s prostate cancer. Col. Gann swore by this exam as a result. Later our PA, Col. Randy Dobbins, proceeded to stress anyone over age 50 must also get a colonoscopy.
Thus, when one of my staff underwent a colonoscopy I asked them, weeks later, to discuss this procedure to help others understand the procedure and the merits of having these exams. So without any further lead-in, their story:

I recently went for my first colonoscopy. They recommend them regularly after you reach 50 years of age. I have had several flexible sigmoidoscopies since I turned 50 but not the BIG C.

The colonoscopy has become an urban legend. It is viewed by most laymen as the ultimate in humiliation and pain. Mind you, those who haven’t had them have listened to the horror stories of their friends and decided this particular test is not for them even though they have had one themselves.

I have to admit; I put off having mine until I was having recurring abdominal pain and decided (in my imagination) that I had terminal colon cancer. I decided the ultimate in humiliation and pain may not be as bad as having an advanced case of colon cancer so I scheduled an appointment with a Gastroenterologist. That doctor specializes in diseases of the gastrointestinal system. You have to wonder what kind of weirdo goes into that medical specialty. Oh well, I digress.

I met with my doctor, who was a female, and she indicated I needed both a colonoscopy AND an upper endoscopy because of my long term symptoms of gastroesophageal reflux disease. I was not a happy camper. Not only was I going to have a colonoscopy from a female doctor, now I had to have both the upper and lower done. To top that, she indicated she wanted to do both tests at the SAME TIME!!!!!

Now I’m as brave as the next guy but both upper and lower together? I was not “feeling the love”. I agreed to having both tests done when my doctor, a really nice young lady, indicated because of my other health issues (diabetes, sleep apnea and heart disease) they didn’t want to have to put me under anesthesia any more than necessary. In fact, she ordered an anesthesiologist be there during my tests. I saw my life pass in front of my eyes.

Man was I getting paranoid. About a week before the test I had to modify my medication routine. I couldn’t take any aspirin. The day before the test I had to start the “clean out” process as they call it. You take several gallons of laxatives and spend all day and night before the test on the toilet. That was an unpleasant experience. I mean it was REALLY an unpleasant experience. I must have been very diligent at this task because when I reported the next morning and was asked if I got “cleaned out”, I said yes and they ask the most bizarre questions like, color, consistency, etc. I must have done a good job because everytime I answered one of their questions they would nod and goooood!!!!

They made me strip down to my socks and gave me one of those hospital gowns that open in the back. It didn’t take me long to realize in my case that was a very good thing, given what they were about to do to me. But the really neat part was they gave a heated gown. They keep the gowns in some sort of heated storage cabinet to keep the gowns warm. After spending the entire night sitting on a toilet with little or no sleep, you can’t imagine how warm and fuzzy it felt to have a toasty warm gown. Even if it did let in a draft in the back.

Next they took to the endoscopy suite and tried to give me anesthesia. The first IV didn’t work and they scrambled to get a second one going. Then the anesthesiologist put a needle and syringe into the IV and the next thing I knew a nurse was asking me how I was doing and I needed to start passing gas.

That, my friends, was not a problem. I felt remarkably well and had no ill effects from the anesthesia or the tests. No residual pain, no soreness, no discomfort, no nothing. They brought me a soda and my clothes and told me as soon as I felt comfortable I could get dressed. I got dressed and sat in a chair waiting on my doctor.

The first question I asked the doctor was “you didn’t use the same scope for both procedures did you?” It is amazing why one thinks making jokes to the person who just saw you in your most naked state is a good idea. My doctor offered a patronizing smile and said, “ no sir, we use different scopes”. I bet she hears that hundreds of time a month. Oh well, after letting her do to me what she did to me the least she could do is listen to my jokes.

Bottom line – it was not that bad. I had some polyps and she took those out. I’m waiting to hear on the pathology report. I didn’t have any residual pain. This test is one of the easiest and most effective ways to screen for and detect early, one of the country’s most deadly diseases -colon cancer. If your over fifty and your doctor recommends the colonoscopy, have it done. It’s not as bad as you’ve heard and it may save your life.