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	<title>VetsFirst &#187; Techguide Newsticker</title>
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		<title>VetsFirst Advocates for Improved Access to Health Care Services for Veterans</title>
		<link>http://www.vetsfirst.org/vetsfirst-advocates-for-improved-access-to-health-care-services-for-veterans/</link>
		<comments>http://www.vetsfirst.org/vetsfirst-advocates-for-improved-access-to-health-care-services-for-veterans/#comments</comments>
		<pubDate>Thu, 22 Apr 2010 08:44:31 +0000</pubDate>
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				<category><![CDATA[Techguide Newsticker]]></category>
		<category><![CDATA[United News]]></category>
		<category><![CDATA[Veterans' Health Care]]></category>

		<guid isPermaLink="false">http://www.vetsfirst.org/?p=407</guid>
		<description><![CDATA[A major priority for VetsFirst is to continue to improve access to health care for veterans with disabilities including evolving the VA's system of long-term care to one that is more focused on community supports, funded by the VA.]]></description>
			<content:encoded><![CDATA[<p>Last month, VetsFirst submitted written testimony to the House and Senate Veterans’ Affairs Committees detailing our 2010 public policy priorities. A major priority for VetsFirst is to continue to improve access to health care for veterans with disabilities. </p>
<p>VetsFirst believes that veterans with disabilities must have access to needed health care services through the VA health care system. Specifically, veterans must be able to receive accessible physical and appropriate mental health services, including long-term services and supports (long-term care). In order to adequately perform these services, Congress must ensure that the VA has the appropriate staffing and resource levels to provide these benefits to veterans of all eras and genders.  </p>
<p>Despite efforts to link veterans to the VA health care system, a substantial number of veterans are accessing health care through community-based, non-VA, providers and services. VetsFirst believes that the VA must fully recognize the importance of veterans being able to receive a wide variety of services in their communities and develop robust partnerships to ensure that these services will be available to veterans when and where they need them. At the same time, however, the VA must find better ways to reach out to veterans to make them aware of the assistance available. Partnering with non-VA providers that also serve veterans with disabilities would help individuals to learn about the VA and receive all of the services that they are eligible for as people with disabilities.  </p>
<p>Better access to health care will ensure that veterans are able to maintain their health and functioning, thereby reducing the need for long-term services and supports. When long-term services and supports are required due to disability or age, most people want to live in and be a part of their communities. Evolving the VA’s system of long-term care to one that is more focused on community supports, funded by the VA, will ensure that veterans are receiving services and supports in the least restrictive setting appropriate to their needs. </p>
<p>Lastly, VetsFirst believes that streamlining the transition from soldier to veteran is an important step in making VA health care services accessible. Although the care of servicemembers and veterans is divided between the DOD and VA, it is the responsibility of these agencies to ensure that individuals’ needs are seamlessly met. The DOD and VA must diligently work toward the development and implementation of an electronic records system for medical information and service-related documentation sharing that will help veterans in filing for VA benefits and receiving proper VA health care. </p>
<p>VetsFirst will continue to fight for access to health care and other services and benefits that are critical for veterans with disabilities.</p>
<p>In future posts, we will explore additional VetsFirst public policy priorities.</p>
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		<title>VetsFirst Takes Battle For Veterans’ Rights To The U.S. Supreme Court</title>
		<link>http://www.vetsfirst.org/vetsfirst-takes-battle-for-veterans%e2%80%99-rights-to-the-u-s-supreme-court/</link>
		<comments>http://www.vetsfirst.org/vetsfirst-takes-battle-for-veterans%e2%80%99-rights-to-the-u-s-supreme-court/#comments</comments>
		<pubDate>Fri, 09 Apr 2010 06:13:46 +0000</pubDate>
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				<category><![CDATA[All Posts]]></category>
		<category><![CDATA[Position On Veterans Issue]]></category>
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		<guid isPermaLink="false">http://www.vetsfirst.org/?p=401</guid>
		<description><![CDATA[United Spinal affiliate VetsFirst has joined in an appeal to the U.S. Supreme Court to ensure that veterans with disabilities are able to challenge denied VA benefits decisions in court.  
]]></description>
			<content:encoded><![CDATA[<p>VetsFirst, through its partnership with United Spinal Association, has joined in an appeal to the U.S. Supreme Court to ensure that veterans with disabilities are able to challenge denied VA benefits decisions in court.  If the Supreme Court agrees to allow the appeal to proceed and rules in favor of the veteran who brought it, many veterans whose appeals are routinely dismissed will finally have their day in court.</p>
<p>“VetsFirst finds it intolerable that veterans who are perhaps the most deserving and in need of VA benefits and health care are denied their legal rights because of an overly rigid interpretation of a legal technicality,” said Paul J. Tobin, VetsFirst’s President and CEO.     </p>
<p>The Supreme Court appeal centers around David L. enderson, a Korean War veteran who was discharged from the military because of severe mental illness.  Almost 50 years later, still suffering from that condition, his claim for VA disability benefits was denied at the administrative and appellate levels.  Upon receiving the VA’s complicated and confusing instructions for appealing to the U.S. Court of Appeals for Veterans Claims, Mr. Henderson missed the 120-day filing deadline by 15 days.  The veterans court subsequently granted the VA’s request to dismiss the appeal because of the missed filing deadline. </p>
<p>Mr. Henderson appealed once more, this time to the U.S. Court of Appeals for the Federal Circuit.  The Federal Circuit ruled that the 120-day filing deadline is absolute because a timely filed notice of appeal is the only way to confer jurisdiction over the appeal to the veteran’s court.  The court based its decision on a Supreme Court case that made a similar finding – except that the appeal involved a convicted murderer who was appealing a procedural matter under criminal law. </p>
<p>Several judges in Mr. Henderson’s Federal Circuit decision vigorously dissented to the strict application of the 120-day veterans court deadline, finding it both “ironic and inhumane”.</p>
<p>Mr. Henderson has appealed the Federal Circuit’s decision to the Supreme Court.  The first step in that process is to petition the Court to agree to review the appeal.  If the Court agrees to do so, it will then decide the appeal on the merits.  VetsFirst has filed a legal brief in support Mr. Henderson’s petition and argues that the principle of “equitable tolling” – a widely-applied legal doctrine that allows appeal deadlines to be extended because of the fundamental unfairness of strictly enforcing them in an individual case – should be applied to the veterans court appeals deadline.     </p>
<p>“Since the Federal Circuit’s decision, the veterans court has been dismissing approximately two appeals per week because the veterans’ notice of appeal was not filed on time.  Veterans who are not represented by a service organization or an attorney when they appeal a VA denial of benefits are at a distinct disadvantage.  Even veterans with less than severe disabilities may find it difficult to understand and follow the complex appeals instructions that the VA sends them,” explained Tobin.  “It is patently unfair to treat disabled veterans the same as murderers and other criminals when it comes to appealing denied VA benefits.  Why must disabled veterans with meritorious appeals be held to strict deadlines when the VA is allowed to take years or even decades to adjudicate a veteran’s benefits claim?”, Tobin added.</p>
<p> It is likely that the Supreme Court will make a decision on Mr. Henderson’s petition for review before it recesses for the summer.</p>
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		<title>VETERANS AND THE LAW: U.S. Supreme Court Takes On PTSD in Combat Veterans</title>
		<link>http://www.vetsfirst.org/supreme-court-takes-on-ptsd-in-combat-veterans/</link>
		<comments>http://www.vetsfirst.org/supreme-court-takes-on-ptsd-in-combat-veterans/#comments</comments>
		<pubDate>Tue, 08 Dec 2009 18:18:24 +0000</pubDate>
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		<category><![CDATA[PTSD and Mental Health]]></category>
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		<guid isPermaLink="false">http://www.vetsfirst.org/?p=330</guid>
		<description><![CDATA[<strong>In a unanimous decision, the U.S. Supreme Court </strong>confronted the issue of the overwhelming impact that post-traumatic stress disorder (PTSD) has on combat veterans. ]]></description>
			<content:encoded><![CDATA[<p>In a unanimous decision, the U.S. Supreme Court confronted the issue of the overwhelming impact that post-traumatic stress disorder (PTSD) has on combat veterans. This decision sends a signal to courts, lawyers and the medical/legal community that PTSD cannot be ignored when veterans are tried and sentenced for violent crimes.</p>
<p>In Porter v. McCollum (No. 08-10537. Nov. 30, 2009), the Supreme Court overturned the death sentence of a Korean War combat veteran who plead guilty to the 1986 murders of his ex-girlfriend and her boyfriend.</p>
<p>George Porter, Jr., was convicted of the murders following trials and appeals in the Florida and federal courts. A jury ultimately imposed a death sentence. However, during the trial and sentencing phases, Porter&#8217;s defense attorney failed to introduce evidence that Porter had experienced intense combat-related trauma and that he suffered from PTSD. A federal district court judge ruled that such ineffective legal counsel violated the defendant&#8217;s constitutional right to an attorney, but the U.S. Court of Appeals for the Eleventh Circuit disagreed and reinstated the death sentence.</p>
<p>Porter had been wounded in two violent enemy encounters during his Army service in Korea. Hand-to-hand combat and a rain of machine gun and mortar fire in freezing weather raged for days. On appeal of the jury&#8217;s death sentence, Porter&#8217;s commanding officer testified as to the horrific nature of the two battles. A psychiatrist also testified as to Porter&#8217;s PTSD.</p>
<p>&#8220;Our Nation has a long tradition of according leniency to veterans in recognition of their service, especially for those who fought on the front lines as Porter did,&#8221; said the Supreme Court in its opinion. &#8220;The relevance of Porter&#8217;s extensive combat experience is not only that he served honorably under extreme hardship and gruesome conditions, but also that the jury might find mitigating the intense stress and mental and emotional toll that combat took on Porter.&#8221;</p>
<p>In the end, the Court refused to overturn Porter&#8217;s conviction, but concluded that the jury and judge that imposed the death sentence, had it heard about Porter&#8217;s combat experiences and PTSD, might well have refused to invoke the death penalty. Therefore, the Eleventh Circuit&#8217;s decision that he was not prejudiced by his defense lawyer&#8217;s failure to raise these circumstances as mitigating factors was, in the Court&#8217;s opinion, unreasonable.</p>
<p>Ultimately, the Court sent the case back to the Eleventh Circuit and ordered it to start a new sentencing proceeding.</p>
<p>So, what does this case mean for veterans who suffer from PTSD and who commit violent crimes? Does combat service equal a get-out-of-jail-free card? Of course it doesn&#8217;t. What it does suggest is that at a time when our nation is fighting two wars, when we are going to escalate troop levels in Afghanistan, when more than a third of service members returning from the wars in Afghanistan and Iraq have reported symptoms of PTSD, our system of justice must affirmatively take into account the mental and emotional toll that combat can take on even the best of us. While military service cannot justify or excuse violent crime, knowledge about the circumstances surrounding a defendant&#8217;s military service can, as the Supreme Court recognized, &#8220;humanize&#8221; a criminal defendant so that a judge and jury can make an informed decision about the appropriate punishment.</p>
<p>Lawyers with clients in similar cases can point to the Supreme Court&#8217;s reference to the prevalence of PTSD in combat veterans and its favorable view of state laws, such as those in California and Minnesota that provide special legal protection for criminally accused veterans who suffer from PTSD, to argue that the Supreme Court intended the Porter decision to apply more broadly than just to the specific facts surrounding his case.</p>
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		<title>VetsFirst Offers Full Membership to All Disabled Veterans, Their Dependents and Survivors</title>
		<link>http://www.vetsfirst.org/vetsfirst-offers-full-membership-to-all-disabled-veterans-their-dependents-and-survivors/</link>
		<comments>http://www.vetsfirst.org/vetsfirst-offers-full-membership-to-all-disabled-veterans-their-dependents-and-survivors/#comments</comments>
		<pubDate>Fri, 30 Oct 2009 06:22:28 +0000</pubDate>
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		<guid isPermaLink="false">http://www.vetsfirst.org/?p=320</guid>
		<description><![CDATA[<strong>VetsFirst opens membership </strong>to all of America's disabled veterans, their spouses, dependent family members and survivors.]]></description>
			<content:encoded><![CDATA[<p>VetsFirst, a new national nonprofit organization that will help all of America&#8217;s disabled veterans, their spouses, dependent family members and survivors receive healthcare, compensation, rehabilitation and other benefits offered by the U.S. Department of Veterans Affairs, was announced today by United Spinal Association.</p>
<p>VetsFirst membership will embrace all generations of veterans, including those living with post-traumatic stress disorders, traumatic brain injuries, toxic exposures and those who are at increased risk of diseases (e.g., multiple sclerosis, ALS). It also supplies the veterans&#8217; community with guidance on education and employment. In conjunction with United Spinal Association, VetsFirst provides legal representation in VA claims and appeals.</p>
<p>&#8220;VetsFirst will offer the same high level of service and personal approach it has become known for, while expanding to provide for the needs of veterans of the wars in Iraq and Afghanistan,&#8221; said Paul J. Tobin, president and CEO of United Spinal Association.</p>
<p>VetsFirst recognizes older era veterans are aging and their health and benefits needs are changing. Advocating and assisting women veterans and their particular health concerns are high priorities of VetsFirst.</p>
<p>&#8220;We&#8217;re serving a very large membership with our holistic approach. When their families are taken care of veterans recover faster. Extending membership to veterans&#8217; families and others involved in their lives and well-being, distinguishes VetsFirst from other veterans organizations,&#8221; said Leonard Selfon, VetsFirst senior vice president.</p>
<p>One of the organization&#8217;s most unique offerings is &#8216;Ask VetsFirst&#8217; (http://helpdesk.vetsfirst.org), a Web-based service that gives veterans an opportunity to get assistance with benefits-related inquiries on-line. Ask VetsFirst allows visitors to submit questions using an online submission form. A VetsFirst trained national service officer or attorney will then respond with information and resources to help resolve the inquiry.</p>
<p><a href="http://membership.vetsfirst.org/form.php">Click here to join.<br />
</a><br />
About VetsFirst &#8211; In partnership with United Spinal Association (www.unitedspinal.org), VetsFirst (www.vetsfirst.org) is a national 501(c)(3) non-profit membership organization. VetsFirst&#8217;s network of national veterans service officers and attorneys provide assistance and representation in securing health care, disability compensation, rehabilitation, education and other benefits for its members before the Department of Veterans Affairs&#8217; and in the federal courts. Membership in VetsFirst is free.</p>
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		<title>VetsFirst Joins Lawsuit Against the VA</title>
		<link>http://www.vetsfirst.org/vetsfirst-joins-lawsuit-against-the-va/</link>
		<comments>http://www.vetsfirst.org/vetsfirst-joins-lawsuit-against-the-va/#comments</comments>
		<pubDate>Sat, 15 Aug 2009 19:39:28 +0000</pubDate>
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		<guid isPermaLink="false">http://www.vetsfirst.org/?p=258</guid>
		<description><![CDATA[<strong>VetsFirst Joins Lawsuit Against the VA.</strong> The outcome of this lawsuit will have an impact on the thousands of veterans and their dependents and survivors who file appeals with the CAVC each year. ]]></description>
			<content:encoded><![CDATA[<p>VetsFirst and United Spinal Association have filed legal arguments in a lawsuit before the U.S. Court of Appeals for the Federal Circuit.  </p>
<p>The question before the court is whether the strict time limit for veterans and other claimants to appeal a denial of U.S. Department of Veterans Affairs (VA) benefits to the U.S, Court of Appeals for Veterans Claims (CAVC) can be extended if the claimant has a physical or mental disability that prevents him or her from filing an appeal in a timely manner.  The outcome of this lawsuit will have an impact on the thousands of veterans and their dependents and survivors who file appeals with the CAVC each year. 	</p>
<p>The lawsuit, Henderson v. Shinseki, involves the question of whether the legal doctrine of <a href="http://en.wikipedia.org/wiki/Equitable_tolling" target="_blank">“equitable tolling”</a> applies to the 120-day deadline for filing an appeal to the CAVC.   Equitable tolling allows courts to suspend a jurisdictional deadline like this one if it would be fundamentally unfair or inequitable to enforce it.  </p>
<p>Under the law, an appellant who receives an unfavorable VA Board of Veterans’ Appeals (BVA) decision has 120-days to file an appeal with the CAVC.  Since the CAVC only has jurisdiction to decide timely filed appeals of unfavorable BVA decisions, CAVC appeals received after the 120-day deadline has expired must be dismissed for lack of jurisdiction before the appeal is even considered.  </p>
<p>For almost 20 years, both the CAVC and the Federal Circuit have allowed equitable tolling of the 120-day deadline based on the uniquely informal and non-adversarial nature of the VA claims process.  That changed when the CAVC dismissed Mr. Henderson’s appeal of denied VA benefits because his notice of appeal to the court was received after the 120-day deadline had passed.  His appeal was late because the very disability that he was claiming VA benefits for prevented him from filing a timely appeal.  </p>
<p>The CAVC based its decision in Henderson on a recent U.S. Supreme Court decision, Bowles v.  Russell.  In Bowles, the Supreme Court refused to apply the equitable tolling doctrine to an appeals deadline in a criminal matter.</p>
<p>Since its decision in Henderson¸ the CAVC has dismissed more than 130 veterans’ appeals for untimely filing.  Most of these veterans either suffer from physical or mental disabilities that prevented them from filing their appeals before the deadline expired, or they filed on time, but misfiled the appeal with the VA instead of the court.                 </p>
<p>VetsFirst has joined Mr. Henderson’s appeal to the Federal Circuit as an amicus curiae (friend of the court).  The essence of VetsFirst’s legal argument is that the Supreme Court’s decision in Bowles does not preclude equitable tolling of the CAVC appeals deadline because of the informal, non-adversarial nature of the veterans&#8217; claims process and the special relationship between the U.S. and its military veterans.</p>
<p>The appeals deadline in Bowles involved the appeal of a criminal conviction.  However, the criminal justice system is so compellingly different from the pro-claimant VA claims system that to treat America’s disabled veterans in the same manner as convicted criminals is fundamentally unfair and inequitable.  In law after law, Congress has consistently expressed its intent that disabled veteran claimants should be entitled to special consideration when it comes to matters of fairness and equity. </p>
<p>If the Federal Circuit accepts this argument and overturns the CAVC’s decision, veterans who appeal denied VA claims will have greater access to review of denied benefits in federal court.  </p>
<p>Oral argument in the Henderson appeal has been set for September 8, 2009.</p>
<p><a href="http://vetsfirst.org/pdf/brief_of_amicus_ciroae.pdf">Read VetsFirst’s brief.</a></p>
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		<title>VetsFirst Raising the Bar in Its Commitment to Veterans</title>
		<link>http://www.vetsfirst.org/vetsfirst-raising-the-bar-in-its-commitment-to-veterans/</link>
		<comments>http://www.vetsfirst.org/vetsfirst-raising-the-bar-in-its-commitment-to-veterans/#comments</comments>
		<pubDate>Thu, 11 Jun 2009 11:41:51 +0000</pubDate>
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		<guid isPermaLink="false">http://www.vetsfirst.org/?p=207</guid>
		<description><![CDATA[<strong>VetsFirst Raising the Bar in Its Commitment to Veterans. </strong>When you talk with Keith Reimers, regional service director for United Spinal Association's VetsFirst program, one thing becomes acutely clear, he takes a great deal of pride in helping veterans receive the benefits and assistance they deserve.]]></description>
			<content:encoded><![CDATA[<p><strong>The key to VetsFirst’s national success in helping veterans obtain VA benefits is the dedication of its staff and personal approach to each issue.</strong><br />
<em>By Tom Scott</em></p>
<p>When you talk with Keith Reimers, regional service director for United Spinal Association&#8217;s VetsFirst (<a href="http://www.vetsfirst.org/">www.vetsfirst.org</a>) program, one thing becomes acutely clear, he takes a great deal of pride in helping veterans receive the benefits and assistance they deserve.  </p>
<p><img src="http://www.vetsfirst.org/images/Keithreimers2.jpg" alt="Photo of Keith Reimers" border="0" align="right">Keith, a veteran of the United States Air Force and former staff sergeant in the Persian Gulf War, has been on board with United Spinal for over 17 years and is the driving force behind expanding the VetsFirst program on a national level; its mission: to directly serve the veterans and the military community by assisting and representing veterans and their family members in claims for benefits and services before the U.S. Department of Veterans Affairs, other Federal and state agencies, and providing legal representation before the U.S. Court of Appeals for Veterans Claims. </p>
<p>&#8220;I can get up to 15 inquiries a day from concerned veterans and their family members either by phone or through our &#8216;Ask VetsFirst&#8217; (<a href="http://helpdesk.vetsfirst.org/">http://helpdesk.vetsfirst.org</a>) program, which is a new Web-based service that gives veterans an opportunity to get assistance with benefits-related inquiries faster and more efficiently. </p>
<p>Each inquiry can take weeks to months to resolve, especially when it involves ongoing VA claims. Providing an online service greatly diminishes the time required and allows us to assist a greater number of veterans,&#8221; said Reimers, a native of North Tonawanda, New York who has been awarded numerous decorations during his military career, including the Southwest Asia Campaign Medal with two bronze stars.</p>
<p>According to Reimers, many inquiries involve basic information such as how to file claims or how to approach VA compensation exams. However, some questions he admits can get very complex, as the VA claims process is often confusing and frustrating.</p>
<p>&#8220;We try to offer more than the usual generic, short responses to questions. I don&#8217;t like to work that way. When a vet or their family member contacts me with an issue, it&#8217;s important to make them feel comfortable, put them at ease, and let them tell their story. Although it may take longer, a personal approach always works better,&#8221; Reimers said. </p>
<p>In addition to providing individual support and counseling services, VetsFirst offers timely news and information across the spectrum of issues presently impacting veterans. Although there are a multitude of resources just a click away through the VetsFirst Web site&#8217;s Knowledge Books &#8212; including guides on self-help, state benefits, separating from the military; and exclusive information on military health care, and VA funding and compensation &#8211;there is always an expert available to answer the tough questions.</p>
<p>&#8220;That&#8217;s primarily where the Ask VetsFirst portion of our Web site comes into play,&#8221; Reimers added, explaining that this is one of the key features that make the program so different from those offered by other service organizations and an invaluable tool. </p>
<p>Ask VetsFirst allows visitors to submit questions on any aspect of veterans&#8217; benefits using an online submission form. A VetsFirst trained national service officer or para-legal will then respond with information and resources to help resolve the inquiry.</p>
<p>&#8220;The program has really started to take off. We are always adding exclusive content to the Web site, to increase the knowledge-base available to veterans. And we are making incredible progress on a national level. There are many veterans that are truly appreciative of what we are doing. And that makes the job extremely satisfying,&#8221; Reimers said. </p>
<p>When he is not filing claims or answering inquiries at United Spinal&#8217;s field office at the Naples Veteran&#8217;s Affairs Medical Center in Naples, Florida, Keith is visiting VA and private sector hospitals, meeting with returning servicemen and women, and attending hearings on veterans issues. </p>
<p>Keith has been responsible for many success stories involving our Nation&#8217;s veterans over the years, including Dustin Jones, a young quadriplegic with a traumatic brain injury whose health was deteriorating while being hospitalized at the spinal cord injury unit at the Augusta VA Medical Center. Dustin&#8217;s parents, Rick and Mary Jones sought assistance from VetsFirst hoping it could help his situation. They described how Keith went above and beyond their expectations to ensure their son received quality care. </p>
<blockquote><p> &#8220;Keith was instrumental in getting us [initially] from the University of New Mexico hospital to the Augusta VA and then, when the care was not at all optimal for spinal cord injury, guided us in getting our son to the Tampa VA where he should have been in the first place. He had the representative in the Tampa area check on the status of getting my son a bed and continued to monitor the progress of the move. When we did finally arrive, the representative was there to make sure we had what we needed and that all was OK. We felt safe, cared for, and secure knowing they were there for any questions or needs we had. They always shared what the VA was supposed to offer and made sure they did,&#8221; said Mary Jones.</p></blockquote>
<p>Jones believes that if it wasn&#8217;t for Keith&#8217;s intervention into her son&#8217;s treatment and rehabilitation, his outcome may have been a lot worse. </p>
<blockquote><p>“Dustin left Augusta with a 10-inch bedsore all the way to the bone. They had no knowledge of vent rehab/weaning and the nurses/therapists seemed to be afraid to move him… which left him with a right arm contracture. As a result he has had a cast for the past 3 months trying to get it straight again so he can begin rehab…Dustin’s doctor, although nice was, an 83 year-old pediatrician,” she added. </p>
<p>“After getting to Tampa we realized there is a whole subspecialty in medicine for SCI. Knowing that and looking back at some of the treatments/surgery he received, we realized they had no idea of what they were dealing with. Keith told us that it may take a long time, but he felt that we should be reimbursed for the $9,500 flight from Augusta to Tampa. We appreciate all that he has done as well as the others we met in Tampa.  If I had known that Tampa VA had one of the best facilities for Spinal Cord Injury care, I would never have wanted them to move Dustin to Augusta…He lost valuable recovery time. At first he was bitter about it, but I assured him that because of this [situation] and Keith, many others in the future would hopefully get better care. He has seemed to let the past go and looks forward to moving forward,” Jones said.</p></blockquote>
<p>Joy Starke, a resident of the Bronx, New York and veteran of the U.S. Army who served from 1996-1999, was introduced to VetsFirst through a VA workshop at Lehman College. At the time, Starke was dealing with numerous medical complications that had persisted after her discharge from active duty. She had undergone 7 different foot procedures, including reconstructive surgery, as well as treatment for a cyst. Starke was receiving 10 percent disability compensation from the VA and had petitioned for an increase, but was denied. </p>
<blockquote><p>“I had basically given up hope after being denied by the VA. I emailed VetsFirst to see if they could do something and I got a response from Keith in less than 2 hours. He dove right in to my case and referred me to a representative at the Manhattan field office,” she said. “VetsFirst is now petitioning on my behalf for an increase in disability compensation.”<br />
Starke explains, “The VA is supposed to help veterans in need of treatment and care, but this may not always be the case, that’s why it is important to get assistance from a third party. We all need a voice to fight for us. If I knew about VetsFirst when I initially petitioned the VA I may have already received compensation. The staff has been extremely thorough and is always following up and offering information on the claims process.”</p></blockquote>
<p>Currently, Keith and Len Selfon, senior vice president of VetsFirst, are in the process of recruiting and training more national service officers to assist in further expanding the program, so that their program can help other veterans struggling to receive VA compensation and benefits.</p>
<p>For more information on the VetsFirst program, please visit <a href="http://www.vetsfirst.org/">www.vetsfirst.org</a>. Veterans who need counseling about VA claims and benefits, please submit a request to Ask VetsFirst at: <a href="http://helpdesk.vetsfirst.org/">http://helpdesk.vetsfirst.org/</a></p>
<p>&nbsp;</p>
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		<title>VetsFirst 2009 Public Policy Priorities</title>
		<link>http://www.vetsfirst.org/vetsfirst-2009-public-policy-priorities/</link>
		<comments>http://www.vetsfirst.org/vetsfirst-2009-public-policy-priorities/#comments</comments>
		<pubDate>Thu, 26 Feb 2009 06:22:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Position On Veterans Issue]]></category>
		<category><![CDATA[Techguide Newsticker]]></category>

		<guid isPermaLink="false">http://www.vetsfirst.org/?p=160</guid>
		<description><![CDATA[<strong>VetsFirst 2009 Public Policy Priorities.</strong> Veterans with disabilities are still faced with a large number of challenges in obtaining appropriate and timely health care and benefits. Our 2009 agenda is an aggressive one that aims to resolve many of these challenges.]]></description>
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<td>Vets First 2009 public policy priorities for veterans with disabilities include:</td>
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<td>
 <strong>Our top priority is radical reform of the appropriations process for the VA health care system. </strong>The VA must receive sufficient funding for veterans health care every year without fail.  The funding process must be predictable and timely or the VA will not be able to serve the needs of veterans of all eras for health care. United Spinal Association favors an advance appropriations process that would assure funding for VA healthcare up to one year in advance of the operating year.  That way, VA administrators will be more efficiently able to manage, plan, and operate the VA health care system, enhance its ability to recruit and retain staff, contract for services, procure facilities, equipment and supplies, and otherwise plan for future patient demands.  Advance appropriations is an alternative to transforming VA health care appropriations from discretionary funding to mandatory funding, and would help to avoid the need for supplemental budgeting.    </td>
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<td>
  <strong>Department of Defense (DOD) and the VA must take immediate action</strong> to meet the needs of OEF/OIF veterans and their families, without sacrificing services provided to older generations of veterans.  Particular attention must be paid to returning service members who suffer from post-combat deployment readjustment challenges, PTSD and impairments due to TBI.    </td>
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<td><strong>The DOD and the VA must invest in research</strong> concerning post-deployment mental health challenges and TBI to close information gaps, develop best practices for screening and treatment and to plan more effectively. </td>
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<td><strong>The VA and the DOD must work more effectively</strong> to establish a seamless transition and early intervention services.  The DOD and VA must continue to develop electronic medical records systems that are compatible and bi-directional, allowing for a two-way electronic exchange of health information and occupational and environmental exposure data. </td>
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<td><strong>Congress should require that the DOD and the VA</strong> establish the Joint Interagency Program Office with a permanent staff and clear lines of responsibility. </td>
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<td><strong>The DOD and the VA must develop a clear plan</strong> of rehabilitation for severely injured service members and veterans that is adequately funded by Congress.</td>
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<td><strong>The DOD and the VA must implement a single comprehensive medical examination</strong> to be conducted during the military separation process that will serve the needs of both agencies (as required by the FY 2008 National Defense Authorization Act).</td>
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<td><strong>Congress and the Administration must provide adequate funding</strong> to support the Transition Assistance Program (TAP) and Disabled Transition Assistance Program (DTAP) to ensure that active duty and National Guard and Reserve service members do not fall through the cracks while transitioning from military to civilian life.</td>
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<td><strong>The DOD and the VA must increase</strong> the number of health care providers who are trained and certified to deliver care for these veterans.</td>
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<td>
<p><strong>Congress should ensure that the VA maintains its critical medical facilities infrastructure</strong>.  It appears that the VA has been attempting to back off from the capital infrastructure blueprint laid out by the Capital Asset Realignment for Enhanced Services (CARES) process concerning renovation and new construction.  Further, the VA is planning to begin widespread leasing of inpatient services through the &ldquo;Health Care Center Facilities&rdquo; program which may not serve the best interests of veterans.</p>
<p>As the result of CARES project budget shortfalls, the VA is enacting the Health Care Center Facilities (HCCF) program which would replace facility construction with leasing facilities.  Although leasing space can be accomplished more quickly than constructing new facilities, the HCCF leasing model deprives the VA of essential inpatient capacity.  The leased VA facilities would provide extensive outpatient services, yet inpatient services would be provided by local contracts through agreements with an affiliate or a community hospital, which essentially privatizes many services that the should continue to provide on its own.  If the leased facilities change ownership or the affiliated facilities close or downsize services, critical care to VA patients could be lost and additional expenses incurred (e.g., transporting patients to other VA facilities, VA paying for services from other private providers).</p>
<p>Congress should examine VA&rsquo;s new HCCF plan to determine whether VA has the legal authority to proceed without specific Congressional authorization.  In the interim, the VA should not be allowed to adopt a wide-scale leasing program that replaces critical inpatient capacity with contract or fee-basis care.  Congress must exercise its oversight authority to ensure that VA is caring for veterans in the best possible way.</p>
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<p><strong>Overhaul of the VA Claims Process Required.</strong> Congress must focus on the claims process from beginning to end. The goal must be to reduce delays caused by superfluous procedures, poor training, and lack of accountability.  Even though the VA has hired record numbers of new claims adjudicators, it is unable to keep pace with the flood of new disability claims, the complexity of such claims, and the time required for new employees to come up to speed.  VA has achieved few noticeable improvements.  The claims&rsquo; process is unduly burdensome, extremely complex, and often misunderstood by veterans and many VA employees.   Enormous backlogs and delays abound and veterans whose access to VA health care depends on being awarded service-connected disability benefits are denied critical health care as a result.  The subjectivity of the claims process results in large variances in decision making, unnecessary appeals and claims overdevelopment.  Congress and the Administration should seek to simplify and provide structure to the VA claims process.</p>
<p>The US CAVC and the CAFC have run wild with statutory procedural and substantive due process requirements such as VA notice to claimants, the need for and evidentiary considerations relating to medical opinions.  For example, Congress should amend 38 USC &sect; 5103A(d)(1) to provide that when a claimant submits private medical evidence, including a private medical opinion, that is competent, credible, probative, and otherwise adequate for rating purposes, the VA shall not request such evidence from a VA physician.  That claim is ready to rate.</p>
<p>Congress should also 38 US Code &sect; 5125, which eliminated the former 38 CFR &sect; 3.157(b)(2) requirement that a private physician&rsquo;s examination report be verified by a VA examination report before the VA could award benefits.  Congress enacted &sect; 5125 with discretionary language which permits, but does not require, the VA to accept private medical opinions.  Accordingly,  Congress should amend &sect; 5125 by requiring the VA to accept a private examination report if that report is provided by a competent health-care professional, probative to the issue being decided, credible and adequate for purposes adjudicating the claim. </p>
<p>The VA must invest more in training adjudicators and hold them meaningfully accountable for higher standards of accuracy.  Congress should require the VA to implement comprehensive competency testing for adjudicators and their supervisors designed to hold both new trainees and long-time staff accountable.  The VA must additionally refocus its adjudication goals from a production-based/quantity perspective to one based on the quality of decisions.  Accordingly, Congress should require the VA to report on how it will establish a quality assurance and accountability program.   Such a report should be developed in consultation with the veterans service organizations.</td>
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<td><strong>The VA should continue its efforts to transition</strong> into a paperless, IT-driven process that promotes accuracy and uniformity in decision making. </td>
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<td><strong>Congress should require the VA and the Department of Labor (DOL) to work</strong> on the issues of veterans employment, training and business opportunities in a more coordinated manner.  These programs must be adequately funded.</td>
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<td><strong>Congress must adequately fund</strong> the VA&rsquo;s homeless veterans programs. </td>
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<td>&nbsp;</td>
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</table>
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		<title>United Spinal&#8217;s VetsFirst Program Partners With The Veterans Health Council</title>
		<link>http://www.vetsfirst.org/united-spinals-vetsfirst-program-partners-with-the-veterans-health-council/</link>
		<comments>http://www.vetsfirst.org/united-spinals-vetsfirst-program-partners-with-the-veterans-health-council/#comments</comments>
		<pubDate>Wed, 25 Feb 2009 17:31:48 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Heads Up Alerts]]></category>
		<category><![CDATA[PTSD and Mental Health]]></category>
		<category><![CDATA[Techguide Newsticker]]></category>
		<category><![CDATA[United News]]></category>
		<category><![CDATA[Veterans' Health Care]]></category>

		<guid isPermaLink="false">http://www.vetsfirst.org/?p=159</guid>
		<description><![CDATA[<strong>United Spinal's VetsFirst partners with Veterans Health Council </strong>to improve veterans health by creating an ongoing educational forum for veterans, health care professionals, advocacy organizations, educational institutions, employee representatives, businesses, and state and local governments.]]></description>
			<content:encoded><![CDATA[<p><strong>Improving Veterans Health through Information and Advocacy</strong></p>
<p>(Washington, D.C., February 25) – <a href="http://www.UnitedSpinal.org/">United Spinal Association</a> and its <a href="http://www.vetsfirst.org/">veterans services program, VetsFirst</a>, in partnership with <a href="http://www.vva.org/">Vietnam Veterans of America</a> introduced the <a href="http://www.veteranshealth.org/">Veterans Health Council</a> at a press conference today at the National Press Club.</p>
<p><strong>The Veterans Health Council</strong> hopes to improve veterans’ health by creating an ongoing educational forum for health care professionals, advocacy organizations, educational institutions, employee representatives, businesses, state and local governments and veterans themselves. </p>
<p>Approximately 80 percent of veterans do not use the Department of Veterans Affairs’ (VA) medical facilities for their health care.  Many of these veterans are simply unaware that they may have health problems related to their military service that would entitle them to VA health care, as well as disability compensation and other VA benefits.</p>
<p>United Spinal Association President and CEO Paul J. Tobin said, “There has been a desperate need for the Veterans Health Council for a long time. Veterans must be informed about health risks related to their military service and the VA health care that is available to them.”  </p>
<p>Tobin added, “We need to educate healthcare communities about the multiple health issues associated with military service, so that they can better identify, diagnose and treat at-risk veterans.  We must also develop educational materials for medical schools, nursing schools, teaching hospitals and related entities along the same lines. Besides its educational functions, the Council will also advocate on behalf of healthcare initiatives for veterans.” </p>
<p><strong>The Veterans Health Council</strong> is the first comprehensive collaboration between veteran’s service organizations, private sector businesses and nonprofits dedicated specifically to the welfare of veterans and their families.</p>
<p><strong>The Veterans Health Council</strong> website provides information on health conditions associated with military service, links to healthcare websites related to specific diseases and general information about the VA claims process.  </p>
<p>Veterans and other claimants for VA benefits can <a href="http://www.vetsfirst.org/">contact VetsFirst</a> with questions about VA benefits, health care and to request representation from our accredited veterans service representatives by accessing the “<a href="http://helpdesk.vetsfirst.org/">Ask VetsFirst</a>” service.</p>
<p>About United Spinal Association<br />
United Spinal is a national 501(c)(3) non-profit membership organization formed in 1946 by paralyzed veterans and is dedicated to improving the quality of life for all Americans with spinal cord injuries, multiple sclerosis, spina bifida, ALS and post polio.  We have played a significant role in writing the Americans with Disabilities Act, and other important legislation. For over 60 years we have provided vital and life enhancing services and assistance to disabled veterans and their families. Membership is free and is open to all individuals with spinal cord disorders. </p>
<p>VetsFirst, a program of United Spinal Association, is the embodiment of United Spinal’s veterans service program. </p>
<p>For more information contact:<br />
Len Selfon<br />
Senior Vice President<br />
United Spinal Association VetsFirst<br />
301-495-4460, Lselfon@unitedspinal.org</p>
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		<title>VetsFirst’s Efforts Pay Off For Disabled Veterans</title>
		<link>http://www.vetsfirst.org/vetsfirst%e2%80%99s-efforts-pay-off-for-disabled-veterans/</link>
		<comments>http://www.vetsfirst.org/vetsfirst%e2%80%99s-efforts-pay-off-for-disabled-veterans/#comments</comments>
		<pubDate>Sat, 21 Feb 2009 05:47:28 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Techguide Newsticker]]></category>
		<category><![CDATA[Veterans Benefits]]></category>

		<guid isPermaLink="false">http://www.vetsfirst.org/?p=158</guid>
		<description><![CDATA[<strong>Certain disabled vets may receive $250 </strong>under the new economic stimulus legislation recently signed into law by President Obama.]]></description>
			<content:encoded><![CDATA[<p>Under the new economic stimulus legislation that President Obama recently signed into law, certain disabled veterans will receive a government check for $250.  VetsFirst, along with other members of the Consortium for Citizens with Disabilities’ Veterans Task Force, appealed directly to congressional leaders to include a provision in the American Recovery and Reinvestment Act (ARRA) that would provide economic relief to disabled veterans.</p>
<p>VetsFirst believes that because the draft ARRA provisions included a similar payment to disabled recipients of Social Security benefits, it would be unfair to exclude disabled veterans who receive VA disability benefits from the economic boosts under the same law.  Congress and the President agreed and now veterans can rightfully participate in advancing the U.S. economy.   </p>
<p>Under the Act, veterans who receive VA service-connected disability compensation or nonservice-connected VA pension will also receive a $250 economic stimulus check.  This payment will be tax-exempt and will not be considered as countable income for purposes of qualifying for VA and other federal benefits.  Checks are expected to be issued beginning in June 2009.</p>
<p>VetsFirst will steadfastly continue its mission to advocate for interests of disabled veterans and their families. </p>
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