Military Veterans' Lawyer Blog

Angel Flight Song with Lyrics and Photos

Fri, 06 Jan 2012 14:18:50 -0600

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

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

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

http://www.attorneyforveterans.com/

A salute to Spc. Hickman and all those who gave All

Wed, 21 Dec 2011 11:21:35 -0600

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

He was in my son's Brigade.

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

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

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

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

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

Lt Col Oliver North's testimony regarding our Greatest National Treasure - - Military Men and Women

Wed, 21 Dec 2011 11:11:20 -0600

The Men and Women who join our Military are our greatest Treasure.

This video by Lt. Col. Oliver North says it well. I would also like to Thank all the men and women who have served Honorable and with Great sacrifice. I also want to thank the families Who have also sacrificed and given so much.

For those veterans who need assistance with their VA claims, V. Law Office of Robert B Goss, P.C. is here to assist you http://www.attorneyforveterans.com/lawyer-attorney-1325495.html

A great video to see http://www.youtube.com/watch?v=mzB1ATc7SFk&feature=related

Ninth Court of Appeals to hear enbanc Veterans for Common Sense v. Shinseki, Case Number 08-16728, Decided May 10, 2011

Thu, 17 Nov 2011 13:29:19 -0600

The Ninth Court of Appeals has agreed to hear the appeal of Veterans for Common Sense v. Shinseki.

A Panel originally ruled the VA is violating the Due Process Clause.

To hear the oral argument presented to the United States Court of Appeals, Nith Circuit, Hearing Date: 08/12/2009, see
http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000003827

For help with your VA appeal please contact the Law Office of Robert B. Goss, P.C. at http://www.attorneyforveterans.com/

82nd Airborne has taken Casualties in Iraq - Call to Prayer

Tue, 15 Nov 2011 12:55:25 -0600

Dear one and all

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

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

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

My son is assigned to this company.

Thank you.

82nd Airborne has taken Casualties in Iraq - Call to Prayer

Tue, 15 Nov 2011 12:55:25 -0600

Dear one and all

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

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

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

Thank you.

We Salute Our Veterans and Active Duty Service Members

Thu, 10 Nov 2011 11:18:53 -0600

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

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

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

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

VA's electronic informed consent pads — Never sign a form you have not read and understand!

Tue, 06 Sep 2011 16:04:21 -0600

Rationale:

Any form that you sign for a medical procedure becomes a legal document certifying that you have read and understand every single issue that may result from this procedure. Death and injury may occur from a medical procedure. For instance, anesthesiology is a very risky and dangerous process and medical procedure — that is required for many operations.

The informed consent will list death as a possible result of this procedure. Once you sign that electronic pad / form, you are acknowledging that you understand and accepted any risks, and you have determined the benefit of the operation / procedure outweigh any risks you have been "informed." The Law Office of Robert B. Goss, P.C. can assist you, see http://www.attorneyforveterans.com/lawyer-attorney-1325515.html

But the VA told me its normal procedure just to sign the electronic pad — where I cannot read the informed consent — the VA is required to provide you a paper copy before you sign this document. Again, this electronic system is in response to the HIPAA Laws or the electronic patient information mandate.

If something bad were to happen to you during a medical procedure, the defense you did not see what you are signing when you signed the electronic pad is not going to protect you. You may be barred (stopped) from recovering any damages against the health care provider or medical facility.

More importantly, informed consent is there to protect you. The words "informed consent" mean exactly that - - You are granting the physician the right to conduct the operation or procedure on your body knowing full well all of the possibilities for the outcome of this operation or procedure.

Informed consent Is a legal document to protect you. Any hospital is required to show you a written informed consent prior to you signing an electronic pad. Your electronic signature will be translated into the document.

Do not accepted a statement, that they will have to retrieve the form. Do not sign an electronic pad without knowing full well what you are signing. Yes — this means making the person requesting you sign go get the paper copy of the informed consent.

Protect yourself — know what you are signing. Consent only if you are properly informed and agree to the risks and Understand the medical operation or procedure. See http://www.attorneyforveterans.com/lawyer-attorney-1325515.html for a short explanation of informed consent.

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

Mon, 15 Aug 2011 16:44:13 -0600

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

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

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

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

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

Houston Area Military Families - -Record a Video for your deployed service-member

Tue, 28 Jun 2011 13:43:48 -0600

For Houston-area Military Family and friends - - record a video message for your deployed loved one - - for July 4th, 2011.

http://www.militaryveteranlawyer.com/JULY4THVIDEOPSA60.mp3

WHAT: Record a FREE family video message to your military loved one

WHEN: JULY 2, 2011 - 9:30 a.m. til 2 p.m.

WHERE: Omni Hotel, I-10 @ Eldridge, Houston
13210 N. Eldridge Pkwy

CONTACT: Set Your Appointment now…
email: messageforourmilitary@gmail.com
Or Call:713-331-1894

COME JOIN US!

And Thank you for your Service to our Country ALSO, Happy 4th of July, Bob

Fire Destroyed Records - - What to do?

Mon, 16 May 2011 10:31:18 -0600

An issue that comes up, unfortunately way too frequently, is a veteran's records were destroyed in 1973 at the St. Louis fire at the National Personnel Records Center. For information on how to contact the National Personnel Records Center see my link under my Helpful Resources and National Personnel Records Center, St. Louis at the bottom of this page http://www.attorneyforveterans.com/lawyer-attorney-1324329.html

VA Regional Offices often deny a claim based upon "They (VA) could not obtain the records, and they were destroyed in a Fire at the NPRC." Then the next 7 states that it is the veteran's responsibility to obtain the records. One of the requirements to obtain a VA disability rating is to provide evidence that a disease, injury, or event occurred in service creating a disability that continues to this day.

Veterans for Commonsense (VCS) v. Shinseki, 9th Cir., 08-16728

Wed, 11 May 2011 11:58:58 -0600

The United States Court of Appeals for the 9th Circuit, in case number 08-16728 found for the Veterans (VCS, a second veterans group, and veterans) and concluded:

CONCLUSION
The United States Constitution confers upon veterans and their surviving relatives a right to the effective provisions of mental health care and to the just and timely adjudication of their claims for health care and service-connected death and disability benefits. Although the terms of the Administrative Procedure Act preclude Veterans from obtaining relief in our court for their statutory claims, their entitlement to the provisions of health care and to veterans’ benefits are property interest protected by the Due Process Clause of the 5th Amendment. The deprivation of those property interests by delaying their provisions, without justification and without any procedure to expedite, violates veterans’ constitutional rights. Because neither Congress nor the Executive has corrected the behavior that yields these constitutional violations, the courts must provide the plaintiff with a remedy. We therefore remand this case to the District Court with the instruction that, unless the parties resolve this dispute first, it enter an order consistent with this opinion.

AFFIRMED in part, REVERSED in part, and REMANDED.

The actual implementation of this decision is yet to be determined. The Secretary (VA) has several options, for instance; 1. Seek an En Banc decision; 2. Request a stay of the proceedings while seeking Certiorari with the Supreme Court of the United States.

Thank you to all US service men and women and our Allies

Mon, 02 May 2011 10:59:51 -0600

May 1st, 2011, is a great day for America.

Congratulations and thanks must go to the United States military, Defense Department, and all intelligence agencies responsible for killing Osama bin Laden.

Since August 1990, American troops have been protecting the United States of America and millions of foreign citizens in the Middle East and across the world against unprovoked aggression.

I want to thank the hundreds of thousands of men and women who have served as airmen, soldiers, marines, sailors, and Coast Guard men and women in the United States military supporting Operation Desert Shield/Storm to the present. Your sacrifices have been tremendous, and are truly appreciated each and every day. Your sacrifice, teamwork, and effort resulted in Justice after 9 years, 7 months and 20 days.

You are in the prayers of the Law Office of Robert B. Goss http://www.attorneyforveterans.com/, and all of us thank you very much. Praying that all of you who are deployed return safely.

Thank you for bringing Justice to this terrorist. Thank you for your service.

Depression

Tue, 29 Mar 2011 10:43:40 -0600

Life in the military is so different than civilian life.

Military service requires sacrifice. Sacrifice your civilian counterparts may not understand or even appreciate. Military life when you are deployed to a combat zone is challenging, and even when you're resting you are never really resting.

One of the very common disabilities I deal with for veterans benefits claims is depression.

Injuries, chronic diseases, or chronic disabilities cannot help, but to wear on a person's mental state. You worry about how you're going to take care of your family, how you're going to take care of yourself, or how other people are going to look at you. Depression is a very real disability from military service.

As a disabled veteran, with a "life changing injury" I understood my injury was not life-threatening, but it completely changed my life. Depression is a very real disability, and just like your injury or disability you need to get help to treat depression. Like any other injury or disability you need to treat this issue.

Depression if not controlled can lead a person to believe the only avenue out is suicide. This is not true. See The Veteran's Attorney Blog article: http://www.militaryveteranlawyer.com/2009/08/va_psa_by_gary_sinise_1.html

Trying to handle depression alone is not the way to treat depression, PTSD, or any other mental disability. These 3 disabilities are disabilities the VA recognizes for veterans.

A recent publication entitled "Men Get Depression" by the National Institute of Mental Health, National Institutes of Health may help you, and is attached:
http://www.mengetdepression.com/incl/men_get_depression.pdf

Your military experience started with team work in basic, developed into comradeship with your fellow soldiers, sailors, marines, or airmen, and evolved throughout your career. You were part of a team. You solved problems as a team or with support from your unit.

If you have a feeling of hopelessness, depression, think no one cares, or just do not care anymore, seek professional help, and allow the teamwork with the professional to help you now. Just as you learned from senior service members at basic (like the officers and drill or training instructors were going to give you a choice), allow the professionals to help you with this issue of depression.

Make sure you claim depression as a disability with the VA, if you are suffering from this issue due to your military service. For more information please see: http://www.attorneyforveterans.com/lawyer-attorney-1325495.html or contact us: http://www.attorneyforveterans.com/lawyer-attorney-1423686.html

Remember you are not alone, if you seek help it is there for you, and as a team you can treat and control depression.

Stop Loss Application Deadline - - March 18, 2011

Thu, 17 Mar 2011 14:51:56 -0600

After several extensions the newest and possibly last opportunity to apply for Stop-Loss payments is set for March 18, 2011.

Additional information from the Department of Defense may be found at http://www.defense.gov/home/features/2010/0710_stoploss/

Essentially if a service member was not allowed to separate or retire - - the service member's service was involuntarily extended between September 11, 2001, and September 30, 2009, the service member is eligible to apply for this pay.

Why do it? The government has authorized a payment of $500 per month / partial month for your involuntary service extension.

Please see http://www.militaryveteranlawyer.com/2010/02/stop_loss_payments_available_t.html for a contact list of the services.

Do Not Delay, apply before the Deadline passes!