Welcome to Vets For Justice. Our mission is to help America's Veterans find justice.

 

Attention Surviving Dependents !

DIC Benefits for Widows and Dependents

 Surviving spouses and dependents of military members who die or died of service-connected causes retain their benefits of "Disability Income Compensation (DIC)." In late 2003, the Veterans Benefits Act of 2003 (Public Law 108-183), was enacted to now allow those widows who remarry after the age of 57 to also retain these same DIC benefits. However, it is important that those who fit this criteria must make application before 15 December 2004 to reinstate their DIC benefits by submitting VA form 21-686c. This form is available at www.vba.va.gov/pubs/forms/21-686c.pdf or apply at any VA Office or at any County Veteran Service Office.

Those who do not have Internet access or VA office nearby may request the form by calling the Compensation and Pension Service administers by calling a toll-free number 1-800-827-1000. The VA Compensation and Pension Service administrators are also available to answer general questions regarding dependents and survivors benefits which include, but not limited to service-connected compensation, DIC, and non-service connected pensions or claims. 

 

 

Sarin - 'Gulf War Syndrome cause'

 

 Some 6,000 Gulf veterans have suffered from various complaints.

 Gulf war syndrome may have been caused by exposure to the nerve gas sarin, according to reports. The New Scientist journal has reported a leak of a US inquiry into the ill-health of veterans of the 1991 war. The US Department of Veterans Affairs' Research Advisory Committee on Gulf War Veterans' Illnesses is due to publish its findings next week. But the magazine said researchers have found neural damage consistent with the nerve agent used by Saddam Hussein. The link is said to have been "crucial" to a change of heart by the US authorities over Gulf war syndrome. The New York Times newspaper reported last month that US scientists believed the syndrome did exist and was caused by "toxic exposure" but it was not clear whether this was from drugs or nerve agents. The UK government has always insisted a unique Gulf war syndrome does not exist. Symptoms But campaigners say 6,000 British war veterans are suffering from the syndrome, with symptoms ranging from mood swings, memory loss, lack of concentration, night sweats, general fatigue and sexual problems since the war. According to the New Scientist report "a substantial proportion of Gulf war veterans are ill with multi-system conditions not explained by wartime stress or psychiatric illness". Instead, the magazine reported the ill-health could have been caused by low level exposure to sarin. Three research groups had independently found specific kinds of neural damage that could explain some of the veterans' symptoms.   UK troops were exposed to sarin and this, along with the multiple vaccinations troops were given and exposure to depleted uranium, has caused the illnesses

 These veterans also had lower levels of an enzyme which breaks down sarin-like compounds. British and US authorities have always denied that any troops were affected by nerve gas, as no soldiers showed the classic symptoms of acute exposure. But the New Scientist said: "It now appears that very small, repeated exposure can also harm." Experiments on animals have shown that exposure to doses of sarin too low to cause observable or immediate effects causes delayed, long-term nerve and brain damage similar to that seen in veterans, the magazine reported. Alarms Troops could have had low level exposure to chemical weapons throughout the war. A Senate investigation heard in 1994 that each of the 14,000 chemical weapons alarms around the troops went off on average twice or three times a day during allied aerial bombardment of Iraq - a total of between one and two million alarms. All were said to have been false alarms. However, evidence was mounting that soldiers may in fact have !  been exposed to sarin, the New Scientist said. Another source of exposure could have been for the thousands of troops stationed near Khamisiyah in southern Iraq in March 1991. After the fighting was over, a large chemical weapons dump was blown up, creating a plume of gas, which would have contained sarin and which could have affected at least 100,000 allied soldiers, possibly far more, the New Scientist said. Shaun Rusling, vice chairman of the National Gulf Veterans and Families Association, said: "I agree with the findings, it is what we expected. "It is absolutely ridiculous for the MoD to deny Gulf war syndrome does not exist. UK troops were exposed to sarin and this, along with the multiple vaccinations troops were given and exposure to depleted uranium, has caused the illnesses." The Ministry of Defence said it would not comment on leaks. The department is holding a briefing on Thursday on the medical lessons learned from the first Gulf war.

Shaun Rusling, of the National Gulf Veterans and Families Association

 

 

Tonight...1:15 AM,  I sat and read this article and could only weep!

by Hollis Stanford

Folks, this is NOT Right and Shall NOT Stand!  This situation has been created by the current administration and the Buck,,,,whether Bush likes it or not, stops at his desk!  Mr. DOD Rumsfeld and all of his henchmen should be fired on the spot, along with Generals such as Lt. Gen. Hagenback!

Yes, Indeed , it is time for both the Military Services and the VA Health Care Systems to be revamped!

Sen. Kit Bond...Just today was working on a Bill S. 2956 Disabled Veterans Transition Assistance Act of 2004;     Kit it is just to little to late....You folks are elected to look after our military....The bunch of you have failed...Both sides of the isle!   

But that is after the fact, just like the Body Amour for our troops....to little to late...No Plan for the peace in Iraq and No plan to take care of the lamed and maimed troops when they come home blown to bits!

Folks this is NOT a new problem with our government...They have Never taken good care of our disabled military veterans!  It has come to the point,  as in this election, that veterans are tired of being treated like 5th class citizens and have vowed to put all elected officials who do not support veterans out the door in o4....And Folks, it is your DUTY to help them do just that!  You owe your freedom to the veterans of this nation and it is well past time for them to be treated right!

Yes, I am one MAD, ANGRY Ol' Preacher and asking the Lord to help us Veterans Keep our promise to all Non-Supporting Elected Officials.

Hollis Stanford

CWO, US Army, Retired

Springfield, Missouri

The Veterans Party is on the way!

http://www.veteransparty.us

 

 

Oct. 14, 2004 -- Following inquiries by ABC News, the Pentagon has dropped plans to force a severely wounded U.S. soldier to repay his enlistment bonus after injuries had forced him out of the service.

Army Spc. Tyson Johnson III of Mobile, Ala., who lost a kidney in a mortar attack last year in Iraq, was still recovering at Walter Reed Army Medical Center when he received notice from the Pentagon's own collection agency that he owed more than $2,700 because he could not fulfill his full 36-month tour of duty.

Johnson said the Pentagon listed the bonus on his credit report as an unpaid government loan, making it impossible for him to rent an apartment or obtain credit cards.

"Oh man, I felt betrayed," Johnson said. "I felt, like, oh, my heart dropped."

Pentagon officials said they were unaware of the case until it was brought to their attention by ABC News. "Some faceless bureaucrat" was responsible for Johnson's predicament, said Gen. Franklin "Buster" Hagenbeck, a three-star general and the Army's deputy chief of staff for personnel.

"It's absolutely unacceptable. It's intolerable," said Hagenbeck. "I mean, I'm incredulous when I hear those kinds of things. I just can't believe that we allow that to happen. And we're not going to let it happen."

The Department of Defense and the Army intervened to have the collection action against Johnson stopped, said Hagenbeck.

"I was told today he's not going to have a nickel taken from him," he said. "And I will tell you that we'll keep a microscope on this one to see the outcome."

'Not So Good'

Hagenbeck also pledged look into the cases of the other soldiers ABC News brought to the military's attention, including men who lost limbs and their former livelihoods after serving in Iraq.  (My Note; But he dropped the ball!  What a shame we have such incompetent officers in the service today!)

"When you're in the military, they take good care of you," said the 23-year-old Johnson. "But now that I'm a vet, and, you know, I'm out of the military — not so good. Not so good."

Johnson had been flying high last September, after being promoted from Army private first class to specialist in a field ceremony in Iraq. Inspired by his father's naval background to join the military after high school, Tyson planned a career in the military and the promotion was just the first step. But only a week after the ceremony took place, a mortar round exploding outside his tent brought him quickly back to Earth.

"It was like warm water running down my arms," he said. "But it was warm blood."

In addition to the lost kidney, shrapnel damaged Johnson's lung and heart, and entered the back of his head. Field medical reports said he was not expected to live more than 72 hours.

With the help of exceptional Army surgeons, Johnson survived. As he recuperated, however, Johnson faced perhaps an even greater obstacle than physical pain or injuries — the military bureaucracy.

Part of the warrior ethos, the soldier's creed of the U.S. Army, is to "never leave a fallen comrade."

"And it doesn't just pertain to the battlefield," Hagenbeck said. "It means, when we get them home they're a part of the Army family forever."

But Johnson now lives in his car. It is where he spends most of his days, all of his nights, in constant pain from his injuries and unwilling to burden his family.

Better Off Dead?

Stories like Tyson Johnson's are not unique.

Many of the severely wounded soldiers returning from Iraq face the prospect of poverty and what they describe as official indifference and incompetence.

"Guys I've met, talking to people, they'd be better off financially for their families if they had died as opposed to coming back maimed," said Staff Sgt. Ryan Kelly, who served as a civil affairs specialist for the Army while in Iraq.

On July 14, 2003, the Abilene, Texas, native had been on his way to a meeting about rebuilding schools in Iraq when his unarmored Humvee was blown up. A piece of shrapnel the size of a TV remote took his right leg off, below the knee, almost completely, Kelly said.

Kelly attests to receiving excellent medical care at Ward 57, the amputee section of Walter Reed, but said he quickly realized that the military had no real plan for the injured soldiers. Many had to borrow money or depend on charities just to have relatives visit at Walter Reed, Kelly said.

"It's not what I expected to see when I got here," he said. "These guys having to, you know, basically panhandle for money to afford things."

No Answer

Perhaps as a sign of the grim outlook facing many of these wounded soldiers, Staff Sgt. Peter Damon, a National Guardsman from Brockton, Mass., said he is grateful for being a double amputee.

"Well, in a way, I'm kind of lucky losing both arms because I've been told I'll probably get 100 percent disability," he said.

Damon, a mechanic and electrician, lost both arms in an explosion as he was repairing a helicopter in Iraq. He initially woke up in the hospital worried and anxious to learn that both forms of livelihood were taken away from him.

"Now what am I doing to do?" Damon said, faced with the prospect of supporting his wife Jennifer and two children. "I can't do either, none of those, with no hands."

The military fails to provide a lump sum payment for such catastrophic injuries. And Damon still has not heard from the military what they plan to give in terms of monthly disability payments.

The last time Damon asked about the payments, he was told by the military that his paperwork had been lost.

"And then when I went to go back to inquire about it again, just to ask a question, I just wanted to see if they had found my paperwork, I was told I had to make an appointment and to come back five days later," he said.

A thick book of federal regulations specifies the disability rate based on how many limbs were amputated and precisely where.

The percentage rates were set during World War II.

Jennifer Damon said the shock of her husband returning with no arms has been replaced by the fear of destitution, as well as a frustration over her husband's final discharge. Like his disability benefits, Peter's release is being held up by the lost paperwork and unanswered phone calls.

"It's hard to understand," she said. "I mean, I need him more than they need him right now. It's been a long time. You've had him for a long time. I want him back."

A Failing System?

Staff Sgt. Larry Gill, a National Guardsman from Semmes, Ala., wonders whether his 20 dutiful years of military service have been adequately rewarded.

Last October, Gill injured his left leg when on patrol during a protest outside a mosque in Baghdad. A protester threw a hand grenade which left Gill, a former policeman, with leg intact, though useless. He received a Purple Heart from the military, but no program, plan, or proposal of how to make a living in civilian life.

"It's not fair, and I'm not complaining," Gill said. "I'm not whining about it. You know, I just, I just don't think people really understand what we're being faced with."

Gill expects he will have to sell his home, the dream house he and his wife Leah designed and built, where they raised their children.

"I've never questioned my orders," he said. "I've slept with rats and stood in the rain and wondered why I was standing in the rain, and, you know, for my children to have to do without based on a lack of income from me, it's frustrating."

His wife Leah Gill agreed. "I just don't feel we should have to uproot because of an injury that he received while he was serving the country," she said. "It shouldn't come down to that."

Gill and the others in Ward 57 have had their pictures taken frequently with visiting politicians.

"Where are the politicians? Where are the generals?" he asked. "Where are the people that are supposed to take care of me?"

Help and care will be forthcoming, promised Hagenbeck.

"There in fact was a plan," he said. "But again, it was not integrated in a seamless fashion that it needed to be. And that was not even, really, to be honest with you, recognized probably until sometime about a year ago. And these soldiers actually brought it to our attention about the transition problems."

The military would do a better job of taking care of their own, Hagenbeck said, though the system in place was often unwieldy, outdated, and inadequate.

"Oh, there absolutely has been problems in the past," Hagenbeck said. "And they're in — even with some of our soldiers today. Some missteps have been made. And they have not been taken care of the way they should have been taken care of."

Loyal Soldiers

To help these neglected soldiers, Hagenbeck said, the military created an advocacy program this past April called Disabled Soldier Support System, or DS3. The network is set up to fight for a soldier's benefits and entitlements, ease transition to civilian life, and deal with any other problems facing a disabled soldier, according to Hagenbeck.

But still there are soldiers like Johnson who fall through the cracks.

His mother, Willie Jean Johnson, worries her son may hurt himself.

"He's not going to say anything bad about the Army," she said. "I have never heard him say anything bad about it. But you can see the hurt in his eyes. You can see the hurt from his heart in his eyes."

Johnson said he usually keeps to himself, preferring to protect his son from seeing him in his current state. "I'd rather be to myself than to flare at somebody else and, you know, and hurt someone that I know I really love," he said.

One year after nearly being killed in combat, the Pentagon has yet to send Johnson his Purple Heart medal.

The Pentagon collection notices, however, arrive without fail.

As to Kelly's discovery that he and his wounded comrades had to beg and borrow to pay for their loved ones to visit while they recuperate, Hagenbeck said a new policy went into effect this weekend to alleviate part of the problem.

"There was no system in place to support them in their needs. And I'll be honest with you, until it came to our attention, to people that were paying attention, and then those that wanted to help, that obstacle was there," Hagenbeck said.

Incredibly, these soldiers remain dedicated to the military despite all they have endured.

"Even though the way I'm being treated, you know, as a vet, I'd still go back in," Johnson said. "I would."

"I love being a soldier," Kelly said. "I don't regret what happened. If I had to go back to Iraq knowing that there was that chance of losing my leg, I'd do it. Because that's what the nation asked me to do."

Jessica Wang contributed to this report.

Van Luven Jailed For Refusing To Pay Alimony From VA Disability Compensation

 

WWW.FIREBASE.NET

By Staff Writer: Rick Townsend

firebaseadrian@tc3net.com

  

Disabled Vietnam combat veteran Dale Van Luven of Hermitage, Tennessee was sentenced to 30 days in jail today on 12 counts of contempt by failure to pay alimony. Van Luven was arrested immediately and is currently being held at CJC Davison County Tennessee jail.

 Van Luven, a long time veteran’s rights advocate, contends 4th Circuit Court Judge Muriel Robinson used his VA disability compensation to equate his ability to pay alimony, and is therefore in violation of U.S. Code, Title 38, section 5301(a). In fact, Van Luven’s VA disability compensation and his Social Security are directly mentioned in his final divorce decree as income.

 Judge Robinson stated in open court this morning that since she had not directly attached to his VA disability compensation check – she was not in violation of federal law. “I just told you to pay the alimony, I didn’t say where the funds were to come from”, Judge Robinson stated.

 Van Luven has been jailed before on non-payment of alimony. In 2003 Van Luven spent 180 days behind bars on the same charges. “They will have to kill me before I allow anyone to take my earned veterans benefits,” Van Luven stated. “Judge Robinson is not fooling anyone – a blind man could see what she’s has done,” he added.

 Judge Robinson first ordered Van Luven to serve 90 days, but for some unknown reason reduced the sentence to 30 days. Judge Robinson also indicated she was not very happy with the accusations posted on the internet that she was in violation of federal law. She suggested Van Luven stop playing like a lawyer and just pay the alimony.

 Fellow Vietnam combat disabled veteran Jere Beery of Jefferson, Ohio believes Van Luven is wrongfully arrested and is doing everything he can to get his fellow combat disabled veteran out of jail. “There is no bond that can be posted, and his ex-wife is claiming back alimony and attorney fees totaling thousands of dollars. So, there isn’t a great deal I can do at this point. I will tell you this; Van Luven’s VA disability compensation was directly mentioned and considered in his ability to pay alimony, and therefore was directly attached/included in the equation used to determine the amount of alimony he would pay. Dale Van Luven is unjustly incarcerated,” Beery stated.

 Beery himself may be facing jail in Georgia, as he has refused to pay alimony with his VA disability compensation as well. “Dale’s case is a little more complicated than mine, but the intent of both of our judges is exactly the same. Civil courts are finding ways to slither their way into VA funded veterans benefits,” Beery said. “We have told people that we would go to jail over this. Dale chose to appear in court today and confront Judge Robinson and jail. Now, maybe someone will believe us,” Beery added. 

 Van Luven and Beery have been fighting for months to bring this issue to light among the military and veteran community across the country. An internet search of the Van Luven & Beery story reveals a large number of sites devoted to the two men’s attempt to protect veteran’s benefits.  

To complicate things, Van Luven is not in good health. “The last time I was in here, the jailors refused to give me my medications, or they tried to give me substitute for the pills my doctor prescribed. I don’t think this time would be any different,” Van Luven said.

 Jere Beery has threatened to stop taking all prescribed medications and even stop eating in protest if jailed.

 Georgia attorney Jack Nebl and his Investigator Rick Plymale, both fellow Vietnam veterans are deeply concerned about this issue, and have donated their services Pro Bono to the Beery case in Georgia. “Judges in divorce case are required to consider all assets in determining a person’s ability to pay alimony. When VA disability compensation is included as an asset, it becomes a part of the formula used to determine an amount. Unfortunately, this results in funds paid out for veteran’s benefits being diverted from the veteran that earned them. This is contrary to the intent of Federal laws established in U.S. Code, Title 38 & 42 to protect said veteran’s benefits,” Plymale explained.

 In a telephone interview today, Plymale stated “I am absolutely outraged at Van Luven’s incarceration. State Judges have found a way around the Federal prohibitions on attaching VA Disability compensation. They hide behind the language of the legislation, wherein the federal code doesn’t specifically prevent State Judges from considering this compensation as ‘income’ in domestic cases. The only thing the federal law does is to prohibit actual attachment. Common sense has escaped these Judges, who, by virtue of their bullying tactics, create debtor’s prisons – something the Supreme Court abolished more than a hundred years ago.”

 Attorney at law, Charles Galbreath, of Nashville, Tennessee was retained by Van Luven in July of this year. Mr. Galbreath has yet to release a statement concerning Van Luven’s arrest.

 Van Luven and Beery are hoping someone with authority will intervene and get Dale out of jail until this issue of veteran’s benefits protection can be resolved.

 

For the full story and contact information, visit – http://www.jerebeery.com/

 We Need to Support these Veterans, let your Congresspersons know where you stand!

 

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