Veteran Health Care

October 20, 2015

How to avoid a costly common post-service mistake. Part II of an interview with Bob Goss

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Bob Goss, founder of the Law Office of Robert B. Goss, P.C.

Robert B. Goss is a Veteran, attorney, and the founder of the Law Office of Robert B. Goss, P.C. Bob, as he prefers to be called, started his law firm in response to the need he saw for a level playing field between Veterans and the government system intended to provide benefits to Veterans. Recently, I had an opportunity to discuss with Bob some of his thoughts on how Veterans can be better served. The following is Part II of a two-part conversation.

Eleanor Meltzer: Bob, I know Veterans can contact you directly. What recommendations do you have for Veterans who are struggling to obtain benefits?

Robert Goss: “Don’t wait to contact me.” I hope everyone reading this interview tells their active-duty friends the following: if you are just leaving the service, make the service give you a physical. Once you leave service (and are now a Veteran), claim ALL your disabilities. For instance, a paratrooper most likely is going to have orthopedic issues, tinnitus, hearing loss. Depending on the individual, there may be other service-connected traumas such as PTSD and burn-pit related injuries. FILE WITHIN THE 1^ST YEAR after leaving the service. Why? Because then your benefits go back to the day after separation. If a Veteran has been out longer than a year, they still need to file. The sooner the better. Continue reading

October 14, 2015

Dangerous Health Problems Facing Gulf War Veterans

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

The 2010 Census offers unique insight to U.S. Veterans. Over 835,000 Americans are Veterans who served during both Gulf War eras. Almost 50,000 more American Veterans served in Vietnam era and both Gulf War eras. Clearly, there is a large population of Veterans who likely have service-connected injuries which manifest themselves more painfully as time goes on.

If you are a Gulf War-era Veteran, would you recognize a service-connected medical condition? Among the most common types of service-connected health problems now suffered by Gulf War-era Veterans are: Continue reading

October 7, 2015

Getting Veterans Disability Compensation for Service-Connected Mental Trauma

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Fortunately, today our understanding of combat and war-induced trauma, together with a healthy societal openness about diagnosis and treatment, means now is as good a time as any to obtain assistance for your Veteran. When it comes to applying for and obtaining service-connected mental disability benefits from the Department of Veterans Affairs (VA), the key is having a knowledgeable advocate on your side.

VA largely relies on the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders when evaluating mental disabilities. The manual was most recently updated in 2013 and is referred to as “DSM-5,” meaning the fifth edition of the manual. You don’t need to know all the details of DSM-5. That’s why you have a VA-accredited representative. What is important is that you (the Veteran) or you (the loved one of a Veteran) recognize signs of possible service-connected mental disorder. Continue reading

October 6, 2015

Filing Your Notice of Disagreement (NOD) and Avoiding VA’s Tricks and Traps

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Almost without exception, if you are still alive when the Department of Veterans Affairs (VA) responds to you initial claim for benefits, VA’s response will be a rejection. This means you must – if you want the benefits you’ve earned – file a “Notice of Disagreement.”

Prior to March 24, 2015, it was a lot easier to file a “Notice of Disagreement” or NOD. Now, VA requires use of a specific, fairly prejudicial form, the VA Form 21-0958. The form is being challenged as illegal, but here are some tips for you in the meantime. Continue reading

October 2, 2015

Can I Get Tax-Free “Special Monthly Compensation” (SMC) from VA?

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

What is “Special Monthly Compensation”?

Special Monthly Compensation (SMC) is an additional tax-free benefit that can be paid to Veterans, their spouses, surviving spouses, and parents. SMC is paid by the Department of Veterans Affairs (VA).

It’s Important to Understand SMC

SMC eligibility can materially assist Veterans and their families, including spouses, children, and parents. Here is just one of the SMC monthly compensation rate tables posted by VA (with rates effective as of 12/1/2014). Continue reading

October 1, 2015

Giant Echo? VA Disability Compensation Meeting Scheduled for October 26 -27, 2015 in Washington, D.C.

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

On October 26^th and 27^th, the Department of Veterans Affairs (VA) is holding an Advisory Committee on Disability Compensation meeting. The meeting is open to the public. Last year, not one member of the public attended the meeting…probably because it was in Washington, D.C. This year, the Advisory Committee meeting is still in D.C. and still NOT SCHEDULED FOR BROADCAST to the public. Sounds like VA really wants the Advisory Committee to hear from you about problems with disability compensation.

Date & Time: Monday, October 26, 2015 & Tuesday, October 27, 2015. The meeting is scheduled for 8:30 a.m. – 4:30 p.m. both days. Continue reading

September 28, 2015

Women Veterans – How VA Is Shortchanging Your Claims

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Photo credit: https://www.flickr.com/photos/kubina/414211811

On March 13, 2015, H.R. 1356 “Women Veterans Access to Quality Care Act of 2015” was introduced in Congress. Among other mandates, if passed this bill would require the Department of Veterans Affairs (VA) to ensure every VA medical center has a full-time obstetrician or gynecologist.

Can you believe it? It would take an act of Congress to ensure that VA’s medical centers have at least one full-time obstetrician or gynecologist on staff? Continue reading

September 25, 2015

No Choice With VA’s Veterans Choice Program

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

My ride to the VARO is here!

A little over a year ago, on August 7, 2014, the “Veterans Access, Choice, and Accountability Act of 2014,” P.L. 113-146, was signed into law. The so-called “Choice Act” was intended to improve Veterans’ access to medical services from the Department of Veterans Affairs (VA).

An important part of the Choice Act was allowing Veterans to use private physicians if they were unable to schedule an appointment at a VA medical facility within specified wait-time limits, or lived more than 40 miles from a VA medical facility, or met other eligibility criteria for using a non-VA physician.

More than a year from enactment, has the Choice Act helped Veterans? No, not really. Why? Because VA’s rules still create obstacles to letting Veterans use non-VA medical services. Continue reading

September 23, 2015

Six Easy Ways to Lose Your VA Benefits

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Count to 10!

1. Don’t Make a Claim. Ever. This is probably the most common way Veterans miss benefits to which they are entitled. The Department of Veterans Affairs (VA) will not contact you with information about how to claim benefits. No one will pass along your service information to VA. The entire burden of asserting a claim and initiating the benefits process rests entirely on you.

The sad fact is that VA is not responsible for any disability you have – if you do not make a claim. Bottom line? No claim = no benefits. Even worse, benefits only start counting from the time you file a claim! So – waiting to file a claim for benefits only means you and your dependents will receive LESS. You will not receive back pay worth millions if you wait 20 years to file your claim. You’ll only have lost out on all those benefits. Continue reading

September 18, 2015

Don’t Get Left Behind! Changing Rules May Change Your VA Benefits

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

The Department of Veterans Affairs (VA) is in the middle of changing its Schedule for Rating Disabilities, the VASRD. If you’ve ever looked at the VASRD and been confused, you’re in good company. Unfortunately, the VASRD doesn’t function like a menu, so it can be quite misleading. Also, the current VASRD doesn’t account for impact of service-connected disability on your overall life. Right now, VA only assesses disabilities based on perceived impact to your income.

You can readily understand that the inability to walk affects all aspects of your life and well-being, even if you are able to sit at a computer for hours for work. Knowing how the current VASRD operates and how any changes may impact your claim for benefits is crucial. You definitely don’t want to leave a higher rating on the table if the new standards will actually take into account the full impact of your disabilities, such as the fact that you can work but you can’t walk. Continue reading