Sunday, November 30, 2008

Veterans wounded in combat get the shaft!

This is from the Anchorage Daily News.

"Our view: Pentagon is off base - Rule on combat-related injuries denies vets, defies sense.

"Fix the rule. Right away.

"That's the best response to the story by the Los Angeles Times about how the Pentagon's redefinition of 'combat-related' disabilities cut a Marine corporal and an Army sergeant out of thousands of dollars of disability compensation. Combat-related wounds draw higher compensation than other injuries.

"The Marine corporal was wounded twice in Iraq, by a roadside bomb and a land mine. He's suffered traumatic brain injury, dislocated hip, hearing loss and post-traumatic stress disorder.

"The Army sergeant shattered a hip and crushed her back and knees when she dove for cover during a mortar attack. She's had surgeries and has at least three more to come.

"Both were told there disabilities were not combat-related.

"The Pentagon's explanation is that it had to narrow its definition of 'combat-related injuries' to conform with the Wounded Warrior Law passed by Congress in January."

Read the entire article here.

The LA Times article is here.


Anonymous said...

It used to be that “service connected” was the criteria. Had the vets not been in service, the damage might not have happened. Had I not been in the Submarine Service, my 39% disability which started at the age of 18 would not have changed my life for all these years. I should have stayed home but decided to enlist during WW2. I would not encourage anyone else to do so now. Let the super patriots fight the nest war. It is a cinch they are not enlisting for the current ones in sufficient numbers. I think our current administration filled with draft dodgers has little real regard for its military. They are hypocrites and the major Veteran Organizations should be exposing them as frauds. Maybe it will take a Million Man March on Washington to create a media storm to expose what is happening to those that served in whatever manner their superiors saw fit to order them to do. In any case, It is disgraceful to not care for those that served and are now disabled due to time in service.
Bob Poris

Tommy Korioth said...

When confronted about pedophilia in the church, Roman Catholic priests dearly wanted a way to keep these people from talking. When Dubya vetoed the SCHIP bill, bringing health care to millions of kids, he said he did it “for the children.” When the army wants to deny benefits, they reclassify right into wrong, just like everyone else. We’re neck deep in the bullshit now and the tide keeps rising.

Bob Poris said...

It’s a good thing our government loves and appreciates veterans. I am in favor of drafting all legislators or some immediate family member as a substitute. If they vote for war, they should take part in it.

Anonymous said...

It gets worst...
Judges overstepping. A veteran's observation.
How can state court judges waive away disability rights, and arbitrarily award as alimony or, as in other cases just take, a portion of a veteran’s disability rated compensation, determined on a case-by-case basis of a veteran’s whose disability rating that maybe, is factored in as critical? Judgment as if all disabilities are exactly the same? State court judges are overstepping those whose authority it belongs, in the practice of medicine, reevaluation, and rehabilitation of the veteran. And in doing so, violating “Authority for schedule for rating disabilities.” 38 USC 1155, "..., in no event shall such a readjustment in the rating schedule cause a veteran's disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred.” Violating as well, 38 USC 5301, 10 USC 1408.
As veterans’ all too well know, state court judges, as incompetent as they are in the knowledge required to determine medical necessity and procedures, upon eyeing a veterans disability compensation, and as well as Social Security disability, as alimony, the standards of judicial jurisprudence, and laws are totally ignored.

A Quarterly Publication of the Court of Appeals for Veterans Claims
Bar Association
“Thus, the Federal Circuit found that “[t]he statutory scheme … consistently excludes from judicial review all content of the ratings schedule as well as the Secretary’s actions in adopting or revising that content.” Looking at the legislative history, the Federal Circuit pointed out that “[t]he language in the legislative history is not limited to the percentages of the disability ratings, as appellants argue, but matches the statutes in broadly precluding judicial review of the contents of the disability rating schedule in toto.”
Is this what returning veterans from Iraq and Afghanistan need? Come home to fight another battle? What needs to be done? As explained above briefly, you know your fellow veterans’ are taking a beating from judges in state divorce court. Seizing veterans’ VA disability compensation. Being awarded as alimony. These judges, although recognizing federal law, somehow justify their interpretation of 38 USC 5301 and 10 USC 1408, and the Supremacy Clause as not being perhaps strong enough. Now comes, 38 USC 1155, “Authority for schedule for rating disabilities”, this is possibly just what the disabled veteran needs to overcome the state court’s opposition and uncertainty, with a law that leaves no room for ambiguity in it’s meaning.
38 USC 1155 argument has ever been tried, or introduced in court. Now is the time to test this. Once introduced, the court will have to deal and rule on this. If there are any upcoming veterans' court divorce proceedings, or even possibly pending cases, the introduction of 1155 could possibly be the one thing that will challenge and remove, hopefully forever, another burden from our disabled veterans, at an unfortunate time in their lives.

Recently, 4 West Virginia State representatives have also joined the fight. You can find this story at...’%20Benefits%20Protection%20Bill.htm

I hope you found this advice worthwhile. Please post this notice on your bulletin board, email, or newsletter, there may be a veteran that can benefit from this advice Thank you.

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