Wednesday, March 16, 2016

Service Connected Disabilities, File Now

The VA is similar to a tree with many branches. They offer health care at clinics and hospitals, educational benefits, a variety of pensions, VA home loans and disability benefits, among other things.


The majority of veterans who come in asking about disability benefits served in Vietnam.  Most want to file an Agent Orange claim. The VA defines the defoliant as " a blend of tactical herbicides the U.S. military sprayed from 1962 to 1971 during Operation Ranch Hand in the Vietnam War to remove trees and dense tropical foliage that provided enemy cover."

The name “Agent Orange” comes from the orange stripe painted on the 55-gallon drums the pesticide was stored in. Vets were sprayed with it while on combat operations,  around perimeter of bases. Overspray drifted onto ships that were supporting troop operations in the Mekong Delta and inland waterways. It was everywhere.
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Thousands of vets eventually came down with medical conditions as a result of contact with AO.  Now they are in need of help and medical care. Type II diabetes, ischemic heart disease, pancreatic cancer, neuropathy are some of the medical conditions that are related to Agent Orange.

Then there are injuries and wounds that are a result of combat operations or accidents that occur will serving.  If a vet was awarded a Purple Heart, they are entitled to full medical benefits from the day of discharge.

If you feel you have a medical condition or service connected injury that occurred while in the military, stop by my office in the Henry County Courthouse and we can talk about it. Please bring a discharge (DD-214) and any relevant evidence.

My office hours are 7 am till noon, Tuesday, Wednesday, Thursday and Friday. E mail jguglielmi@henryco.net or 765-529-4305.


Friday, March 4, 2016

Decades Later, Agent Orange Catches Up with Vietnam Veterans

Messenger-Inquirer, Owensboro, KY | Feb 28, 2016 | 
Snow fell outside the Veterans of Foreign Wars Post 696 as its members held their monthly meeting Feb. 9.
Although attendance was down, most of those present were Vietnam veterans receiving some percentage of disability benefits from their exposure to Agent Orange -- a herbicide sprayed by the United States military during the Vietnam War from 1961 to 1971.
Among them were Billy Milan, Lou Drawdy and Terry Stinson.
They were like thousands of other Vietnam vets who returned home unaware that they had been exposed to the same toxic dioxin that was meant to combat their enemies -- the Viet Cong guerrillas and the North Vietnamese Army, known as "Charlie" to US forces.

Now, decades later, Agent Orange is catching up with Vietnam veterans, leading to debilitating and deadly health problems that range from heart disease to various forms of cancer.
The three men said they were proud veterans but, like many of their comrades, struggle with their Vietnam experience because they live every day with a multitude of illnesses stemming from Agent Orange exposure.
"It was bad enough that you were over there, and Charlie didn't like you," said Drawdy, 73, who served as a Marine and whose diabetes has been attributed to Agent Orange. "... Then you find that all of the hazards that you were exposed to, that maybe, the US government didn't like you."
Stinson, 64, served in Vietnam from 1970 to 1971 as an Air Force aircraft mechanic, working and flying on planes that sprayed Agent Orange.
"I started showing signs when I was 26 years old," said Stinson, who is a severe diabetic due to his exposure. "...Now, here I am 64 years old and I'm taking seven insulin shots a day. ... I can't feel my feet anymore."
Milan, 73, served several tours in Vietnam as part of the Army's Special Forces, 173rd and 101st Infantry Divisions. His first tour was in 1962 and his last in 1971.
"I thought I was a resident of Vietnam," said Milan, who receives 100 percent service-connected disability benefits for high blood pressure, an irregular heart beat and post traumatic stress disorder. "... I knew something was wrong because when the planes flew over to spray for mosquitoes and (the foliage) there was a different smell to it. ...So I had a taste of the Agent Orange."
Lasting Agent Orange Effects
It wasn't until 1991 that Congress passed the Agent Orange Act that gave the Department of Veterans Affairs the power to declare certain health conditions as "presumptive" to dioxin exposure.
The VA, however, doesn't have an accurate count of how many Vietnam veterans suffer from Agent Orange exposure.
"I can't get the Agent Orange statistics because it's not a general diagnosis," said Beth Lamb, Marion, Illinois VA public affairs spokeswoman.
In Daviess County, there is no shortage of Vietnam veterans who are either suffering or dying from exposure to the herbicide.
John Yates used to be involved with local veterans organizations such as the VFW, but his health has declined to the point that he rarely leaves his Cedar Hills home.
He now draws 100 percent disability benefits from his service-connected congestive heart failure and diabetes.
He served in Vietnam as a Navy hospital corpsman with the Third Marine Division from 1968 to 1969.
"I was out in the bush all the time," Yates, 71, recalled. "...I slept on the ground and drank from the streams. The Agent Orange was all over."
He now functions by taking a daily regimen of medications used to control his plethora of health problems he says were caused by his exposure.
"The medications help, but you still hurt and you still suffer," said Yates, whose calendar is filled with doctors' appointments.
To help flag any changes in her husband's condition, Cecelia Yates tracks his medical information by recording it in a notebook daily.
The Yateses blame the Agent Orange effects for John Yates' early retirement from his job as an educator in 2007.
"He's frustrated and angry because he feels like he was robbed," Cecilia Yates said. "He loved teaching, and that just broke his heart when he had to quit."
Agent Orange -- named for the color of the metal drums in which the chemical was stored -- was the main herbicide the US Air Force used to reduce the jungle canopies as part of "Operation Ranch Hand."
An estimated 19 million gallons were sprayed over 20 percent of Vietnam in an attempt to uncover roads and trails used by the Viet Cong.
Sharon Westerfield watched her late husband, Larry Westerfield, struggle with the effects of Agent Orange for the last seven years of his life. Larry Westerfield died in 2012 at age 63 of congestive heart failure.
He served in Vietnam from 1969 to 1970 as a member of the Army's 14th Engineer Battalion.
"After they sprayed the Agent Orange, he went in with a dozer and knocked down the foliage," Sharon Westerfield said. "So it was all over him."
According to Sharon Westerfield, it wasn't until 2005 that her husband discovered that there was something wrong.
"He had stubbed his big toe," she said. "...And one morning about 3 o'clock, he said, 'I think you're going to have to take me to the hospital.' So when I looked at his toe, it was black. ...They were able to save his leg but they took his big toe and part of his foot. He had trouble with that forever. He was at the wound center all the way up to the day he died."
Sharon Westerfield said her husband was then diagnosed with diabetes and learned through an Internet search that Agent Orange exposure was a related cause.
"It was like a domino effect," said Westerfield after her husband's diabetes diagnosis.
Larry Westerfield underwent open heart surgery for five bypasses in 2006, followed by bladder failure in 2009 and skin cancer in 2010.
Before dying two years later, Sharon Westerfield said her husband's congestive heart failure would cause fluid to build up throughout his body.
"His was so bad that his legs would swell up, and water would seep out," she said. "He couldn't sleep in a bed from 2005 until he passed. He slept in a recliner because he was unable to lie down."
Disabled American Veterans Aiding Vietnam Vets
It's through local Disabled American Veterans organizations that Vietnam veterans are finding help with medical and financial coverage for their illnesses associated with Agent Orange. The DAV aids veterans in filling out their disability claims to the VA.
Ross Jewell, a volunteer service officer for the Owensboro DAV, said there are many Vietnam veterans out there suffering but are only now coming forward.
"... I just helped a (Vietnam) veteran who's had heart problems since he was 28," Jewell said. "And he just passed away in January a week after receiving his (financial) award from the VA. The one thing he wanted was to make sure that his wife was taken care of."
Jewell said there are still Vietnam veterans who are unaware of what the DAV can do for them and others who have been disheartened from previous denials from the VA.
"The people who come in here tell me the stories they're not willing to tell their doctors or their families," Jewell said.
Jewell recommended that any veteran who has an illness or injury that could be service-related should visit their local DAV.
The Owensboro DAV can be contacted at 270-684-6790 and is open Tuesdays and Fridays from 10 a.m. to noon at 1809 Grimes Ave. -- the former Chautauqua Park caretaker's home.
"The majority of the people who come through here today are Vietnam-era veterans," said Jewell about those who are filing VA disability claims. "...It's a painless process with a lot of painful memories."
Diseases recognized by the VA as Agent Orange related:
  • --AL amyloidosis: A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
  • --Chronic B-cell leukemias: A type of cancer that affects white blood cells.
  • --Chloracne (or similar acneiform disease): A skin condition that occurs soon after exposure to chemicals and looks like common forms of acne seen in teenagers. Under the VA's rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides.
  • --Diabetes mellitus type 2: A disease characterized by high blood sugar levels resulting from the body's inability to respond properly to the hormone insulin.
  • --Hodgkin's disease: A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver and spleen and by progressive anemia.
  • --Ischemic heart disease: A disease characterized by a reduced supply of blood to the heart, that leads to chest pain.
  • --Multiple myeloma: A cancer of plasma cells, a type of white blood cell in bone marrow.
  • --Non-Hodgkin's lymphoma: A group of cancers that affect the lymph glands and other lymphatic tissue.
  • --Parkinson's disease: A progressive disorder of the nervous system that affects muscle movement.
  • --Peripheral neuropathy, early-onset: A nervous system condition that causes numbness, tingling and motor weakness. Under the VA's rating regulations, it must be at least 10 percent disabling within one year of herbicide exposure.
  • --Porphyria cutanea tarda: A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under the VA's rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides.
  • --Prostate cancer: Cancer of the prostate; one of the most common cancers among men.
  • --Respiratory cancers (includes lung cancer): Cancers of the lung, larynx, trachea and bronchus.
  • --Soft tissue sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma): A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels and connective tissues.
Source: The US Department of Veterans Affairs

Tuesday, March 1, 2016

Veterans ID Cards - You Will Have To Wait

New veterans ID cards won't be available until 2017

By Leo Shane III, Military Times– January 26, 2016

   Congress passed legislation for a new veterans ID card last summer, but it will likely be another year before any are issued.

   The Department of Veterans Affairs has begun drafting regulations for production and issuing of the ID cards, designed to give veterans easy proof of their military service for non-federal activities.

   Legislation authorizing the cards, sponsored by Rep. Vern Buchanan, R-Fla., passed through Congress without objection last July. He argued that veterans needed the option for a veterans ID to help individuals who have to carry around copies of their discharge paperwork to get discounts or services at a host of private businesses.

   Veterans requesting the IDs would have to pay a small, yet-to-be-determined fee, to cover production costs.
This is just a sample of what the ID Cards might look like.

   But Veterans Affairs officials said it will likely still be months before anyone gets the new cards. The rule-making process is expected to take at least another year, with production and issuing times still to be decided.

  “This is a lengthy process that requires time for a public comment period as well as approval from the Office of Management and Budget,” officials said in a statement this week. “VA currently estimates the program will be implemented in 2017.”

   That’s a disappointment for veterans who had hoped to ditch their DD-214s for the next trip to the hardware store or for local restaurant deals. Advocates have complained that practice is both inconvenient and unsafe, given the personal information included on official military documents.

   No veterans will be required to get the IDs, and the cards will not replace medical IDs or official defense retiree cards.


   Supporters called it a simple way to honor veterans’ service.

Friday, February 19, 2016

Discharges: No One Should Be Without Theirs


Where is your Discharge?

   On a sunny wind blown morning in 1966, I stopped by the administration building at Walker Air Force Base in Roswell, New Mexico to process out of the Air Force. A clerk pulled my records and starting typing. Within half an hour, I was loading my belongings into my English Ford and driving off the base for the last time. In my possession was my honorable discharge. Proof that I had served four years in the US Air Force. 

   A discharge is the most important piece of paper a veteran should have in his or her possession. You can't file a disability claim, get health care, apply for a VA mortgage or sign up for the GI Bill without it. That DD-214 or discharge is the key that will unlock the door to many benefits. If you already have your discharge, have certified copies made and store them away safely. You can go to you county recorders office and have them copy the discharge. If you need more copies, go back and the recorders office can issue certified copies.

   If you misplaced or had your discharge destroyed, have no fear. You can go online at www.archives.gov and apply for another one. This is the National Archives in St. Louis. When you fill out the request, you will end up printing out a form that must be signed and sent to St. Louis. All fax and mailing information is on the form.
Sample of a DD-214


   Indiana National Guard members can contact National Guard HQ in Indianapolis where discharges are stored. 

   You can also have a Veteran Service Officer help you fill out and send the request. VSOs are county employees and do not work for the VA. Every county in the Indiana has such an office. Check with the courthouse in your area.

   That discharge is the key that will unlock the process of applying for VA benefits. 
  A discharge can also be a tool to discover a father, grandparent, or great-grandparent's past history. When a relative was in the service, where they served, what battles they were in, the ship or ships they served on and what awards and decorations they earned. 

   Ask relatives if they have a copy of their discharge. If they don't, offer to obtain a copy for them. 

   Our offices work with regional VA offices to help veterans file claims of all types and help vets sign up for the VA Healthcare System.

   Please call me at 765.529.4305 or email you questions to jguglielmi@henryco.net.

Tuesday, February 3, 2015

Congress Again Buys Abrams Tanks the Army Doesn't Want

The new defense spending bill includes $120 million for tanks that the Army has repeatedly said it doesn't want.

For three years, the Army in numerous Congressional hearings has pushed a plan that essentially would have suspended tank building and upgrades in the U.S. for the first time since World War II. The Army suggested that production lines could be kept open through foreign sales.

Each time, Congress has pushed back. Last week, Congress won again in the National Defense Authorization Act (NDAA) for Fiscal Year 2015.

In a statement, Rep. Mike Turner, R-Ohio, said that Congress "recognizes the necessity of the Abrams tank to our national security and authorizes an additional $120 million for Abrams tank upgrades. This provision keeps the production lines open in Lima, Ohio, and ensures that our skilled, technical workers are protected."


Turner chairs the Tactical Air and Land Forces Subcommittee of the House Armed Services Committee and will retain that position in the next Congress. The General Dynamics Land Systems plant in Lima, the only U.S. manufacturer of tanks, is in the district of Rep. Jim Jordan, R-Ohio.

Turner's office did not respond to several requests for comment on why Congress went against the recommendation of Gen. Ray Odierno, the Army chief of staff, to suspend tank production.
Army Chief of Staff  Gen. Ray Odiermo


Todd Harrison, a Center for Strategic and Budgetary Assessments analyst, said it was open to question whether the Army and the Marine Corps needed more tanks on top of the estimated 9,000 already in their inventories. However, he noted that it was not unusual for Congress to go against the military's recommendations on the budget.

"It's just one example and it's not unique to this year," Harrison said. "In some cases, Congress is using its appropriate role of oversight. In some cases, Congress can act out of purely parochial interests."

The tank debate between the Army and Congress goes back to 2012 when Odierno testified that "we don't need the tanks. Our tank fleet is two and a half years old on average now. We're in good shape and these are additional tanks that we don't need."

Odierno lost then too. Congress voted for another $183 million for tanks despite Odierno's argument that the Army was seeking to become a lighter force. He told the Associated Press at the time that "if we had our choice, we would use that money in a different way" than spending it on 70-ton Abrams tanks.

The current Abrams upgrade program approved by Congress in the NDAA calls for improving gas mileage by decreasing idle times and also calls for improvements to the tank's sights and sensors.

Wednesday, January 14, 2015

Find A Veteran Service Officer to File Claims

Trying to comb through the claims process with the VA is daunting enough. If you try to go it alone, you might end up dazed, confused and waste valuable time. Seek out a Veteran Service Officer in the county you live in. We are trained and accredited by the VA to help veterans check what benefits are available, help complete the proper forms, gather the evidence needed and submit the claims through an accredited service organization. The American Legion, DAV, VFW and the Marine Corps League are just a few that serve veterans. To find a VSO you can go to www.va.gov or www.nacvso.org.

The following is an NPR story about Veteran Service Officer Bob Kelly in Indiana and the work he does for veterans.

Grant County Veterans Service Officer Bob Kelley, right, works with World War II Army veteran Frederick Kern at the Grant County Government Building in Marion, Ind., on Monday.
Grant County Veterans Service Officer Bob Kelley, right, works with World War II Army veteran Frederick Kern at the Grant County Government Building in Marion, Ind., on Monday.
Aaron P. Bernstein for NPR
NPR — along with seven public radio stations around the country — is chronicling the lives of America's troops where they live. We're calling the project "Back at Base." This story is Part 2 of a three-part series about veteran benefits.
The latest data from the U.S. Department of Veterans Affairs show Indiana — which has the 35th highest number of veterans in the U.S. — receives $4,935 per veteran each year. If they received as much as Utah — which has the 35th highest return — Indiana vets would receive on average another $558. And if they received the national average of $6,088, that's another $1,153.
Retired Brig. Gen. Jim Bauerele has spent years working to match veterans with their benefits.
"I think Indiana has neglected veterans," he says. "I think veterans are uneducated as to what their benefits are, and there has been little effort undertaken to communicate and get that to veterans."
Map: Average overall VA spending per veteran in 2013 in Indiana, by count
Back in 2010, a VA survey found that nationwide fewer than half of veterans understood their benefits, whether it was medical care, college tuition or pension and disability payments.
There are all sorts of reasons why veterans in one area may not receive as many benefits as veterans in another. Veterans from different eras, such as Vietnam or Iraq, can receive different amounts. Older vets might receive more benefits.
VA applications are also notoriously difficult to complete. Vets don't always get the help and guidance they need.
Bauerele says one reason for the poor showing in Indiana can be traced to what are called veterans service officers (VSOs). County-level VSOs are part of a system operating in 28 states, and they're supposed to help vets get the benefits they've earned. Some VSOs operate on the state level, and veterans groups like the American Legion and Veterans of Foreign Wars have their own VSOs, which operate in most states.
Some county-level VSOs in Indiana operate on a shoestring.
"Some counties have an officer who is part-time, works three days a week, part-time and doesn't even have an office or a computer," Bauerele says.
So depending on where they live, one vet might find an office with a full-time staff trained to file paperwork with the VA, while another might find a closed office, or a VSO who can't navigate the system.
And without help, filing a VA claim can be tough.
Tom Nichols, a 29-year-old Indiana National Guard veteran, has struggled to file his disability claim. After returning from Iraq in 2010, he became addicted to drugs and alcohol. Eventually, he landed in treatment for PTSD.
Not only does Nichols not understand his benefits — he doesn't really know the best way to get them, either. He hasn't tried a VSO because he says it's too much trouble.
"I've got to go to some VFW to track down this guy, and it's only the first Thursday of every month," Nichols says.
Pamphlets detailing services available to veterans are displayed in VSO Bob Kelley's office in Marion, Ind.
Pamphlets detailing services available to veterans are displayed in VSO Bob Kelley's office in Marion, Ind.
Aaron P. Bernstein for NPR
So he filled out the paperwork himself. To some of the medical questions, he just wrote "ask my doctor," which could be part of the reason his claim didn't go through. Advocates say the VA rejects claims for reasons as simple as using an outdated version of the form.
"It's basically on me to go out there and receive this," Nichols says.
But a trained VSO can cut months and years off the time it takes veterans to receive benefits from the VA.
"You never want to apply for benefits on your own, unless you have some experience with it," says Bob Kelley, the VSO for Grant County, one of the Indiana counties receiving the most from the VA.
The VA's own data show vets who give VSOs power of attorneyreceive more than double the disability benefits of vets who file their own claims.
David McLenachen, acting deputy undersecretary for disability assistance for the VA, agrees that VSOs routinely help the system work.
"It can be overwhelming for somebody to prepare a claim and submit it," he says. "The VSOs can be very successful at helping with the claim process."
Kelley also goes to nursing homes and Veterans of Foreign Wars halls to tell veterans about their benefits, often on his own time. He would do more, but his county won't pay for an assistant until January.
"It's not a career," Kelley says. "In the state of Indiana, it's not a career. When I retired from the military after 25 years, I was hired on at $28,000, and that's the average salary."
But the state is trying to give VSOs more resources in order to ensure all veterans have access to them.
For Veterans
Veterans Coming Home, made possible by the Corporation for Public Broadcasting, is a collection of resources and public media stories aimed at helping veterans returning back to civilian life.
Looking for a veterans service officer? Visit theNational Association of County Veterans Service Officers to find links to yourstate VSOs and state benefit resources. Ordownload a directory from the U.S. Department of Veterans Affairs.
In the past year, the state paid for software and training so county VSOs could file claims electronically. And for the first time, the Indiana Department of Veterans Affairs set up workshops to explain federal benefits to vets.
Bauerele is part of the Military Veterans Coalition of Indiana, which is pushing to reform the system in Indiana. He'd like to see better pay for county officers, and he wants the state to offer more help. VSOs like the American Legion already process thousands of VA claims.
"Every dollar you give a veteran is new money from outside the state coming into the state," Bauerele says. "That'll pay for a lot of Cadillacs, a lot of homes."

Thursday, August 14, 2014

VA Expands Patient-Centered Community Care



VA Expands Patient-Centered Community Care (PC3) Contracts to Provide Access to Primary Care

WASHINGTON -- The Department of Veterans Affairs (VA) announced today that primary care has been added to the services available to Veterans through VA’s Patient-Centered Community Care (PC3) contracts, a key and evolving part of the non-VA medical care program.  Eligible Veterans are already able to access inpatient specialty care, outpatient specialty care, mental health care, limited emergency care and limited newborn care for female Veterans following childbirth under PC3.
“With the addition of primary care services, VA Medical Centers can now use PC3 to provide additional types of care in order to reduce wait times,” said Secretary of Veterans Affairs Robert A. McDonald.  “This modification is another example of how we are working to ensure Veterans get the care they need, when they need it and where they want to be seen.”
This modification supports VA’s Accelerated Care Initiative, helping to move Veterans off of waitlists and into care. Additionally, reduced commuting standards will require that contracted providers schedule appointments closer to the Veterans’ homes.
The initial PC3 contracts were awarded in September 2013 to Tri-West and HealthNet and have been used as part of the non-VA medical care program to purchase care in the community.
“PC3 is part of the overall non-VA medical care program,” said Dr. Carolyn A. Clancy, VA’s Interim Under Secretary for Health.  “We look forward to expanding our ability to provide timely access to health care services to our Veterans.”
VA Medical Centers have the ability to purchase non-VA medical care for Veterans through contracted medical providers when they cannot readily provide the needed care due to geographic inaccessibility or limited capacity. This additional option is available to purchase non-VA medical care when required Veteran care services are unavailable within the VA medical facility, or when Veterans benefit from receiving the needed care nearer to their homes. In addition, VA is reviewing how PC3 may be used to help implement the newly enacted Veterans Choice, Access, and Accountability Act of 2014.
Through PC3, Veterans can expect to receive high-quality health care that is coordinated with their VA providers. For more information on PC3, visit http://www.nonvacare.va.gov/PC3/index.asp.