Military Veterans' Lawyer Blog

Today is the 69th anniversary of the invasion of France to liberate Europe from the Nazis.

This week I mentioned D-Day was Thursday. One of our young secretaries stated she did not know about D-Day.

D-Day for WW II was on June 6, 1944. D-Day is the day the Allies launched the largest military operation, at the time, to free France and all of Europe from the Nazi occupation. This week the U.S. Senate lost their last World War II (WW II) veteran, Sen. Lautenberg. He served in the Army Signal Corps from 1942-46. After separating from the Army Sen. Lautenberg used the GI Bill to earn an economics degree and eventually serve New Jersey as a U.S. Senator.

Education benefits are one of the benefits veterans earn by serving their country. See http://www.attorneyforveterans.com/lawyer-attorney-1325495.html

The Law Office of Robert B. Goss, PC, http://www.attorneyforveterans.com hopes all Americans and free people stop and reflect on the sacrifices of the WW II veterans, their families, and all veterans and their families since WW I.

God Bless you all.

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

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

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." »

I wanted to thank all the World War II veterans, their families, and those who lived in that horrible time of W.W. II, THANK YOU FOR SERVING.

I want to thank my Uncle, Peter Maisenbach, who fought as a U.S. Army soldier. Uncle Pete fought and survived the Battle of the Bulge, if my memory serves me well. My Uncle talked to me when I was enlisting into the USAF out of Texas A&M. http://www.attorneyforveterans.com/lawyer-attorney-1322764.html

My Uncles Dale and Albert Goss also served, and I thank each of them. Uncle Dale ended up in Guam sometime, and Uncle Albert eventually went on to serve many years at Rutger's University as a Professor and Dean.

My Uncle Pete was a quiet man I loved dearly. When he learned I was going to enlist, his point to me was the military was required to protect the nation and other nation's people. But the undertone was bad things happen in war.

Now having been to war, serving almost 21 years, now a disabled veteran myself, and helping veteran's with their VA claims. I bet my Uncle saw horrible things. I do not know if he ever needed help or received help.

Today you do not have to handle things by yourself. http://www.attorneyforveterans.com/lawyer-attorney-1325495.html.

As I started, I want to thank those who served in W.W. II, and remember those who gave it their all on D-Day. Operation Overlord was the military operation to liberate Europe beginning with the risky and dangerous amphibious and airborne assault in France. I also want those who are serving today or those who served previously to know help is available to you. http://www.attorneyforveterans.com/

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

The first hero, Col. Van T. Barfoot, earned the Medal of Honor for his bravery during World War II.

Col. Barfoot fought in WW II, Korea, and Vietnam. Then in 2009, Col. Barfoot fought and won his fight to fly the American flag from his home. The Colonel's Homeowners Association did not appreciate the Colonel flying the American flag that he and millions of Americans fought to protect.

The second hero is Jack McKenna, another true American hero. Mr. McKenna served his church and the Knight of Columbus as a dedicated member. Mr. McKenna served and protected all.

The Law Office of Robert B. Goss, prays and wishes both heroes' families and the souls of these true American heroes accept our heart felt thanks, prayers, and condolences for all they gave us. We also pray God comforts their families, and accepts our gratitude for all they did for our country.

Gentlemen you are in our prayers. We ask all to please pray for these men and their families. V/R, Bob

For My Vietnam veterans http://www.attorneyforveterans.com/lawyer-attorney-1325495.html, First God Bless you and may you enjoy this sent from the wife of a brave helicopter pilot:

a.. Once you are in the fight, it is way too late to wonder if this is a good idea.

b.. It is a fact that helicopter tail rotors are instinctively drawn toward trees, stumps, rocks, etc. While it may be possible to ward off this natural event some of the time, it cannot, despite the best efforts of the crew, always be prevented. It's just what they do.

c.. NEVER get into a fight without more ammunition than the other guy.

d.. The engine RPM and the rotor RPM must BOTH be kept in the GREEN. Failure to heed this commandment can affect the morale of the crew.

e.. Cover your Buddy, so he can be around to cover for you.

f.. Decisions made by someone above you in the chain-of-command will seldom be in your best interest.

g.. The terms Protective Armor and Helicopter are mutually exclusive.

h.. Sometimes, being good and lucky still is not enough.

i.. "Chicken Plates" are not something you order in a restaurant

.j.. If everything is as clear as a bell, and everything is going exactly as planned, you're about to be surprised.

Continue reading "EVERYTHING I NEEDED TO KNOW IN LIFE I LEARNED AS A HELICOPTER PILOT IN VIETNAM." »

This is one of my favorite songs as it does Honor our fallen Warriors.

http://www.youtube.com/watch?v=70Ikj1hZDnw&feature=related

Wishing you a Happy 2012, hope you enjoy, and also remember those who have protected you.

http://www.attorneyforveterans.com/

A month or so ago I asked people to say prayers for the family and soul of Specialist David E. Hickman.

He was in my son's Brigade.

While paid protesters "Occupied" places and received millions of dollars in contributions, Specialist David E. Hickman chose a more courageous path. He volunteered and enlisted in the United States Army. He volunteered and became a paratrooper.

A paratrooper is a special breed, a man willing to step out of an aircraft to flank the enemy from the air. He is a person who is airborne infantry.

I believe in air power http://www.attorneyforveterans.com/lawyer-attorney-1322764.html, I believe you kill the enemy before they engage our land troops. But I realize we need men on the ground to win and control the battlefield. Men Like Spc. Hickman, all the men in the 82nd Airborne, and all the men and women in the military. Our military volunteers protect all U.S. citizens, our allies, and even our enemies "rights."

This tribute links to a great article on Spc. Hickman, USA, and others who gave All. http://m.yahoo.com/w/news_america/nc-soldier-23-last-us-troop-killed-iraq-145741944.html?orig_host_hdr=news.yahoo.com&.intl=us&.lang=en-us

God Bless those who gave ALL and their families. Thank you, you are in our prayers.

Dear one and all

Please say prayers for the 82nd Airborne as they suffered a KIA and other soldiers are hurt due to an IED.

If you can add the soldier and all the other members of the 82nd Airborne to your prayer lists I would be appreciative. Both the living and injured soldiers need your prayers. Also the soldier who was killed and his family need our prayers.

Please add these families to your church and synagogue prayer lists.

My son is assigned to this company.

Thank you.

Dear one and all

Please say prayers for the 82nd Airborne as they suffered a KIA and other soldiers are hurt due to an IED.

If you can add the soldier and all the other members of the 82nd Airborne to your prayer lists I would be very appreciative.

My son is assigned to this company. The injured and living soldiers need your prayers.

Thank you.

Thank you for your Service, Dedication, and Sacrifice for your service.

From the International Space Station and Col. Fossum, here is a well stated salute:

http://video.foxnews.com/v/1268067894001/space-station-crew-sends-message-to-veterans/?playlist_id=87937

God Bless you and your families - - we understand too http://www.attorneyforveterans.com/lawyer-attorney-1322764.html

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!" »

For last few weeks, some of my closest aviator friends and I have been discussing the current White House’s apparent lack of respect for the military and the nation’s budget problems. In fact one friend had been asked to review a suggestion by the White House to do away with the current military retirement system.

Today, August 15, 2011, Fox News reported http://www.foxnews.com/politics/2011/08/15/pentagon-scraps-traditional-pensions-in-its-proposed-retirement-program/ indeed the White House would like to trim the Department of Defense budget by eliminating the current retirement system. Instead, of 50% of base pay after 20 years, while you're dodging bullets, you have the benefit of knowing your 401(k) contribution will be reduced since you're in a combat zone. So who is to pay your retirement portion? – Why you and your family of course. Your current pay will be reduced as you pay the member contribution portion of this White House plan to reduce the budget. How much money did the White House send to those failing Banks? Hmmm that plan worked well.

Paraphrasing the White House’s campaign slogan of “Hope and Change” there is also “hope” if you’re over age 50. The White House is thinking of providing a break in the amount those over 50 are required to pay into this Thrifty retirement plan.

Military members earn every penny of their current retirement. In contrast I fail to see the sacrifice social programs are being asked. I understand welfare assistance is to help people, often people who through no fault of their own need financial assistance. But you cannot compare the military to the civilian working world. If I did then an enlistee need not work to be paid, combat - - “Sarge I think I will sit this one out and get my pay, it is scary over there, and I like to be home with the wife and kids by 6 PM (commute you know).” … “Call me when you get back Colonel, I want to see the pictures you took on your “vacation to Iraq and Afghanistan.” Oh yeah Colonel I know the responsibility of waging a war you did not start is tough, keeping track of all those servicemember’s lives (I refer to as our National Treasure – Thanks Gen. Keys you said it well years ago), but remember your 401(k) retirement co-pay will be reduced, so there you go living off the taxpayers again Colonel.”

The White House plan shows a total lack of understanding of the hardships and inherent differences in the military and civilian world. For those of you who have retired, you understand the difficulties in moving every 2 to 3 years, having to deploy to combat zones, leaving your family to protect the nation, training where people die, the responsibility for protecting people’s lives, carrying out missions, to kill the enemy, and not being guaranteed to go home from work every day.

Continue reading "The White House’s plan to Balance the Nation’s Budget Problems by using the Military Servicemember’s Retirement System is Wrong!" »