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.

- - As the the U.S. Flag passes and also during the playing of the National Anthem.

This law was passed in the National Defense Authorization Act of 2008. Specifically National Defense Authorization Act of 2008 sec 595 changes 36 U.S.C. section 301(b)(1) to read:

(b) Conduct During Playing.— During a rendition of the national anthem—
(1) when the flag is displayed—
(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;
(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and
(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and
(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

As a veteran you are allowed and earned the right to salute the flag, or render a saluate during the National Anthem. The Law Office of Robert B. Goss, P.C. http://www.attorneyforveterans.com salutes and THANKS YOU for serving out Nation.

On January 3, 2013, Title 10. Section 987(f) of the U.S. Code was amended to provide protection for service members and their dependents regarding credit, arbitration, and limiting interest rates. This amendment provides service members and their dependents a private cause of action against lenders who violate the Military Lending Act.

The Military Lending Act law was amended in H.R. 4310, the "National Defense Authorization Act."

The Law Office of Robert B. Goss, P.C. http://www.attorneyforveterans.com/ is honored to assist our service members, veterans, and their dependents.

To read the amendment creating the Private Cause of Action read on:

Continue reading "Military Lending Act modified providing a Private Cause of Action to Service Members and their Dependents" »

The GAO on January 18, 2013, confirmed the average wait time for a claim to be processed has increased. In 2009 the VA took an Average of 161 days. In 2012 the processing time jumped to 260 days.

Appeals - - over 2/3rd of all claims were backlogged.

If you are appealing a VA claim, contact us for help. http://www.attorneyforveterans.com/lawyer-attorney-1303360.html

First, fail to make a claim for a benefit. The VA is not responsible for any disability that you may have if you do not make a claim. No claim = no benefits. And no not filing a claim will not allow you to get 50 years of back pay worth millions as you were injured in Korea and have waited 50 years to file the claim.

To make a claim go to https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal?_nfpb=true&_portlet.async=false&_pageLabel=ebenefits_myeb_vonapp1 and fill out a VA Form 526 (click apply for benefits), then click on Apply for Veterans Benefits at https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal?_nfpb=true&_nfxr=false&_pageLabel=Vonapp.

Second, ignore any VA requests for information and only send back responses telling the VA how stupid they are. Yes people do this, and then expect the VA employee to help them.

Be respectful, you are the expert in your case, and you know or should know where the disability occurred. You may be the key to proving the disability. Just like in a Civil Court matter evidence is required. You must make sure your claims are supported by evidence. Attorneys know how to gather evidence and support claims with evidence.

Third, count on the VA to gather all information regarding your disability.

Fourth, do not answer C&P examiners questions. Do Correct any false statements made during the C&P examination by the VA or QTC examiner.

Fifth, fake the severity of the injury during the exam. Once you become not credible the VA can deny your claim.

Sixth, miss your C&P or other VA examinations. The VA by regulations is authorized to deny any claim where the veteran misses an examination.

I have written this article to point out mistakes veterans make in applying for VA benefits. Some veterans have been told or use the above errors as their approach to obtaining VA benefits. Honesty and working on your case with your attorney is the best way to win your claims.

The Law Office of Robert B. Goss, P.C. is available to assist you with you VA disability claims If you have filed a claim for VA disability benefits, and denied those benefits, and first filed a notice of disagreement on or after June 20, 2007, and your claim is still on appeal. Please contact our office for assistance with obtaining your VA Benefits at http://www.attorneyforveterans.com/

Lay statements are any statements made by the veteran, family members, friends, neighbors, or service buddies who make an oral statement during a hearing, or make a written declaration or written statement (preferably an affidavit signed and notarized under oath) regarding the veterans disability.

Lay statements refer statements made by people lacking professional medical expertise, laypersons, or people who are not medical professionals, and therefore cannot make medical diagnosis or prove medical facts.

But as anyone knows there are many things that a lay person can observe, such as seeing the veteran bleeding, seeing the veteran injured, seeing the veteran walking with a limp, or describing the laypersons observations and so forth. This may even include stating a diagnosis a medical professional told the layperson. A layperson cannot provide a diagnosis of diabetes, but the layperson can document the diagnosis a medical provider stated to the veteran or the layperson.

Lay statements are useful to document events that a person who is not a medical provider observed regarding the veteran. These lay statements can fill in missing information. The more factual the statements the better.

The Federal Circuit in Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007), stated there are times a lay person is competent to testify to a medical condition.

Jandreau held:

[l]ay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a lay person is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional.

If you have been denied a claim, and filed your first notice of disagreement (NOD) on or after June 20, 2007, please contact the Law Office of Robert B Goss, P.C. for assistance in appealing your denial. http://www.attorneyforveterans.com/

Continue reading "Lay Statements" »

MST is a polite way of describing a viscous attack and event -- Rape.

38 U.S.C.S. § 1720D(d) defines Sexual trauma as: “psychological trauma, which in the judgment of a mental health professional employed by the [VA], resulted from a physical assault of a sexual nature, battery [touching] of a sexual nature, or sexual harassment.” “Sexual harassment” is defined as “repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character.”

The VA has been denying numerous MST claims for veterans, prior to hiring The Law Office of Robert B. Goss, P.C. http://www.attorneyforveterans.com. This is often due to the victim not reporting the MST.

You need to know there are programs available, even before you have been granted MST. MST is claimed as Post Traumatic Stress Disorder (PTSD) and MST. Hiring an attorney once the VA has denied your claim is a good start. http://www.attorneyforveterans.com/lawyer-attorney-1645439.html

Help available from the VA:
First under 38 U.S.C.S. § 1720D, and VHA Directive 2010-033 (Military Sexual Trauma (MST) Programming) (July 14, 2010), the VA provides treatment for BOTH women and men who were victims of MST.

Under this program, veterans who have been victimized, do not have to meet the length of service commitments required for VA compensation to receive VA counseling and care. Nor do you have to wait for the VA to grant your disability claim to start receiving VA treatment.

Public Law 106-117 requires the VA to make counseling, care and services mandatory rather than discretionary to veterans who have been victims of MST.

If you have been a victim of MST and have been denied by the VA please contact The Law Office of Robert B. Goss, P.C. at http://www.attorneyforveterans.com/

Thank you to all veterans, U.S & Allies

In my house I have a W.W. I picture of my Grandfather, Howard, sitting cross-legged in the front row of an Army Unit photo taken in France on Armistice Day 1918. He was a great grandfather and man. My grandfather only left Iowa to go to war, and much later in the 1960-70s when my Grandmother made him go to Florida for winters. He is a veteran. I received this photo when Grandpa died back in 1980.

From American Heritage dictionary, Veteran’s Day is defined as:

November 11, observed in the United States in honor of veterans of the armed services and in commemoration of the armistice that ended World War I in 1918. In 1954 it was renamed from Armistice Day and given the added significance of honoring veterans.

I and all at the Law Office of Robert B. Goss, P.C. http://www.attorneyforveterans.com/ want to thank all the men and women who have served our nation. Sometimes I get a call from a veteran who was injured in basic training, and this person is shy or embarrassed about seeking VA benefits. They have NO REASON to be embarrassed - - they are a veteran. I am proud to try to help them with their VA benefits claim.

This person is a veteran - - they raised their right hand and joined the United States Military. This person did what over 95% of the U.S. citizens never do - - they offered themselves to protect and serve the United States by enlisting or being drafted into the U.S. Military.

My son, Hans, is a paratrooper. I served almost 21 years as a USAF pilot. We both have gone to war. Millions of men and women serve in combat and non-combat. All are veterans. All should be honored. Maybe just say Thank you to your veteran.

Serving is difficult. Serving is an honor & privilege.

I remember spending many years away from the U.S. Away from my family and kids. Living in a tent in the desert during the war. Living in a beautiful villa in Riyadh, Saudi Arabia, while the bad guys were trying to kill us. Flying airplanes all over the world.

My Grandfather talked to me about the military – to make sure I knew it was not all glamorous. He wanted to make sure I understood it was not like a John Wayne movie. He was concerned for his grandson. Veterans know things.

My Uncle Pete, Battle of the Bulge veteran, spoke to me too. My cousin Melodie told me she was a little jealous her Dad had spoken to me about the military, as he never spoke to her about the war. Veterans speak to other veterans. There are a lot of things, however, veterans know others will not understand. I have 5 childhood friends I occasionally get to say hi, a few college friends, a bunch of law school friends, and a lot of military friends, both allies and U.S., I talk to.

I do not talk a lot about the wars, but with my USAF and USN friend, Vince, & my old EWO, Moe, they know it all. I talk to them weekly, and they know when I just need to talk. Seldom do we talk about the past. Serving together, however, showed me their character and integrity. I trusted them with my life and vice-verse and still do.

All veterans, no matter how short or long their service were there to protect the country and protect other people’s freedom of speech and freedom. All veterans deserve to be protected and receive VA benefits available to them http://www.attorneyforveterans.com.

As a veteran, I am very grateful to Gary Sinise , and Joe Mantegna http://finance.yahoo.com/news/first-ever-veterans-day-broadcast-181700503.html for all they do to honor veterans and wounded warriors.

If you are a veteran, be proud you did what so few do, you served and protected us all. For others say hi and thanks to a veteran - that means a lot. It is nice to know you care.

To assist you in locating other businesses who honor veterans this November 11, 2012, please see http://themilitarywallet.com/veterans-day-free-meals-and-discounts/

Thank you to our veterans. The Law Office of Robert B. Goss, P.C. is honored to help our veterans. http://www.attorneyforveterans.com/lawyer-attorney-1325495.html

In-service disability
First, you must have a disease, injury, or event that occurred during service that resulted in a disability. Or you had a preexisting disability that was aggravated by service. http://www.attorneyforveterans.com/lawyer-attorney-1325495.html

Injury
Examples of a knee disability from service may include: injuring your knee during unit sports, knees were hurt in a car crash during service (on-base accident or an IED explosion), or injured your knee in combat during combat operations (jumped over a cliff during a mortar attack, slamming your knee into something during combat operations). http://www.attorneyforveterans.com/lawyer-attorney-1645439.html

Stated another way any injury that occurred coincident with your service and was not the result of willful misconduct, and is chronic (does not really go away), may be considered as a service-connected disability.

Incurring an injury years after service is not a service-connected injury.

Wow, that is all that is needed - - not so fast. The VA will look at the injury and determine if it is chronic and connected.

Disease
Examples of a disease in service are multiple sclerosis (MS) or any disease that occurred during your active-duty service, and in some cases reserve duty, resulting in a disability.

Aggravated Preexisting disability
An example of an aggravated disability is you had asthma prior to entering service, were assigned to a facility where people smoked, resulting in a worsening of your asthma.

Event
Examples of an event is witnessing a terrible situation (death, traumatic stressor [combat]), being raped also referred to as Military Sexual Trauma (MST).

Medical evidence, usually in your service treatment records is required to substantiate the in-service disability. An exception is for combat veterans, since treatment records are often nonexistent in a combat zone. Or your disability is falls within a presumptive time period or the symptoms and Chronicity can be connected to service.

That brings us to the second element discussed here, nexus.

Nexis — connection
You need a connection between your present disability and the in-service disability.

Current Disability
This element is the easiest, as you have a current disability. However, if you have a condition that no longer exists then you do not have a current disability.

Examples of a veteran not having a current disability are tonsillectomies in service, removal of gallbladder in service (although scarring and muscle damage may exist as separate claims), or your injury no longer exists (muscle sprain as an example that healed).

Presumptive Period
This is a general explanation of what a service-connected disability requires. There are numerous exceptions to Service-connected disabilities. Such as the presumptive period, for instance, if you claim a disease or injury, within the first year after separation from service, this may be considered having occurred during service.

Certain diseases have a longer presumptive periods than the 365 days after separation, such as Agent Orange diseases, multiple sclerosis, and numerous other diseases.

If you filed a claim, have been denied by the VA, and have a current notice of disagreement filed for the first time after June 20, 2007, please contact our office for assistance. http://www.attorneyforveterans.com/

Know your Rights!

VA benefits are protected from creditors, taxation, and other legal processes.

With the extremely long delay in obtaining VA benefits from the VA, many veterans face tremendous and crippling medical bills.

This blog will help you know your rights, and protect your VA benefit payments. Please see http://www.attorneyforveterans.com. Threats and constant calls from creditors and even advice from non-VA accredited attorneys may compel veterans to make unwise decisions regarding their VA benefits.

One of my veterans desperately e-mailed me stating his bankruptcy attorney was going to include his VA disability payments as an asset that a hospital could collect and garnish. This advice is incorrect. The veteran just wanted to have the creditor stop calling.

Continue reading "Protection afforded Veterans and their VA benefits." »

QTC is a contractor for the VA that performs medical examinations for the VA.

VA medical professionals who perform C&P examinations are VA health care providers whose sole job is to perform compensation and pension examinations for veterans seeking disability benefits. http://www.attorneyforveterans.com/lawyer-attorney-1325495.html Their job is to evaluate veteran's medical conditions and write a report documenting those findings. This report is sent to the VA disability rating officer.

My personal opinion is if you can be seen by a VA medical professional, over a QTC examiner that is a much better evaluation. Numerous clients call me complaining about their QTC examinations.

Do not yell, or get into any type of an argument with either a QTC or a VA employee. However, if an examiner makes a false statement, correct them immediately. THEN after you leave the examination document your complaints and call your attorney. http://www.attorneyforveterans.com/lawyer-attorney-1303360.html

Recently, several of my clients informed me that a VA employee called them directly. The VA personnel made it sound that if the veteran did not answer the questions that the VA person wanted to ask, then this same VA person “was going to close the veteran’s claim.”

You hired an attorney to provide you with legal advice and guidance - - use the attorney and the Law Firm. http://www.attorneyforveterans.com

Tell the VA employee you have an attorney, and provide your attorney's phone number to the VA employee. Tell the VA employee to contact your attorney.

If this were a civil litigation case, the opposing side could be held in contempt and sanctions placed against them. This issue of VA employees calling a represented veteran directly has been brought forth to the U.S. Court of Appeals for Veterans Claims.

Essentially, the VA is trying to get you to agree to something that will help the VA. Your answer may or may not help you.

Having your attorney know what is asked and providing the correct answer is best. http://attorneyforveterans.com

Continue reading "What to do when the VA calls you and you have hired an attorney." »