United We Roll at Stardust Radio

Two press releases dated today (Aug 30) were sent from the VA to address issues dealing with TBI and Agent Orange. Both releases are copied below:

VA Secretary Addresses Traumatic Brain Injury Conference

WASHINGTON (August 30, 2010) - Recognizing the longstanding, integrated collaboration shared by the Department of Veterans Affairs and Department of Defense, VA Secretary Eric K. Shinseki gave the keynote address Monday at the fourth annual Traumatic Brain Injury (TBI) Military Training Conference here.

"We--DoD and VA--simply cannot afford to be less than aggressive in our effort to identify, treat and rehabilitate TBI victims," Shinseki told the approximately 1,000 military, VA and civilian health care workers at the conference sponsored by the Defense and Veterans Brain Injury Center (DVBIC).

The Defense and Veterans Brain Injury Center was established by Congress in 1992. DoD and VA together offer clinical care, research and education on traumatic brain injury. DVBIC is the operational component of the Defense Center of Excellence for Psychological Health and Traumatic Brain Injury.

In praise of the collaborative DVBIC model, Secretary Shinseki said it should be replicated for all military personnel transitioning to VA care, and not just for TBI or burn care.

"When it comes to DoD's patients, there is a network of information and hands-on human care," the Secretary said, "that helps a wounded warrior transition from one system to the other-- from the battlefield to our polytrauma centers."

There are DVBIC researchers assigned at each of the four VA Polytrauma Rehabilitation Centers (Tampa, Richmond, Minneapolis and Palo Alto) where they gather information regarding care of patients with TBI, analyze and translate this information into recommendations to improve care, and educate providers in implementing those improvements clinically.

DVBIC and VA have shared, and continue to collaborate, on many significant initiatives. Recent examples include developing and
implementing:

* Joint DoD/VA clinical practice guidelines for TBI;

* Materials and information for families and caregivers of
Veterans with TBI;

* Integrated education and training curriculum, and joint
training on TBI of VA and DoD heath care providers;

* A Congressionally-mandated 5-year pilot program to assess the
effectiveness of providing assisted living services to Veterans with TBI;

* The TBI Screening tool used for all Veterans who served in
Iraq or Afghanistan and are receiving care within VA; and

* A specialized Emerging Consciousness Care program at the four
polytrauma centers to serve those Veterans with severe TBI who are also slow to recover consciousness.

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VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange

VA Health Care and Benefits Provided for Many Vietnam Veterans

WASHINGTON (August 30, 2010)- Veterans exposed to herbicides while serving in Vietnam and other areas will have an easier path to access quality health care and qualify for disability compensation under a final regulation that will be published on August 31, 2010 in the Federal Register by the Department of Veterans Affairs (VA). The new rule expands the list of health problems VA will presume to be related to Agent Orange and other herbicide exposures to add two new conditions and expand one existing category of conditions.

"Last October, based on the requirements of the Agent Orange Act of
1991 and the Institute of Medicine's 2008 Update on Agent Orange, I determined that the evidence provided was sufficient to award presumptions of service connection for these three additional diseases," said Secretary of Veterans Affairs Eric K. Shinseki. "It was the right decision, and the President and I are proud to finally provide this group of Veterans the care and benefits they have long deserved."

The final regulation follows Shinseki's determination to expand the list of conditions for which service connection for Vietnam Veterans is presumed. VA is adding Parkinson's disease and ischemic heart disease and expanding chronic lymphocytic leukemia to include all chronic B cell leukemias, such as hairy cell leukemia.

In practical terms, Veterans who served in Vietnam during the war and who have a "presumed" illness don't have to prove an association between their medical problems and their military service. By helping Veterans overcome evidentiary requirements that might otherwise present significant challenges, this "presumption" simplifies and speeds up the application process and ensure that Veterans receive the benefits they deserve.

The Secretary's decision to add these presumptives is based on the latest evidence provided in a 2008 independent study by the Institute of Medicine concerning health problems caused by herbicides like Agent Orange.

Veterans who served in Vietnam anytime during the period beginning January 9, 1962, and ending on May 7, 1975, are presumed to have been exposed to herbicides.

More than 150,000 Veterans are expected to submit Agent Orange claims in the next 12 to 18 months, many of whom are potentially eligible for retroactive disability payments based on past claims. Additionally, VA will review approximately 90,000 previously denied claims by Vietnam Veterans for service connection for these conditions. All those awarded service-connection who are not currently eligible for enrollment into the VA healthcare system will become eligible.

This historic regulation is subject to provisions of the Congressional Review Act that require a 60-day Congressional review period before implementation. After the review period, VA can begin paying benefits for new claims and may award benefits retroactively for earlier periods.

For new claims, VA may pay benefits retroactive to the effective date of the regulation or to one year before the date VA receives the application, whichever is later. For pending claims and claims that were previously denied, VA may pay benefits retroactive to the date it received the claim.

VA encourages Vietnam Veterans with these three diseases to submit their applications for access to VA health care and compensation now so the agency can begin development of their claims.

Individuals can go to a website at
http://www.vba.va.gov/bln/21/AO/claimherbicide.htm
to get an understanding of how to file a claim for presumptive conditions related to herbicide exposure, as well as what evidence is needed by VA to make a decision about disability compensation or survivors benefits.

Additional information about Agent Orange and VA's services for Veterans exposed to the chemical is available at www.publichealth.va.gov/exposures/agentorange
.

The regulation is available on the Office of the Federal Register website at http://www.ofr.gov/ .

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To keep up to date with VA Press Releases, go to http://www.va.gov/opa/pressrel

...a Veteran who was injured while protecting our freedom, will have
his freedom taken away as his disability pay is whittled down in divorce settlement...

We are seeing more and more of these cases as judges in courtrooms across our country rule that disability pay - payment for an injured service member that was intended to be protected by USC, Title 38, 5301 (found in Part IV, Chapter 53) - is up for grabs in divorce settlements. Now, on September 4th, a Veteran who honorably served this country and was injured while protecting our freedom, is having his freedom taken away and his disability pay whittled down in one such ruling. Below is just one press release on the case of Jerry Bohr of Ossian, Iowa. Sadly, he is not alone. As you will see, these Vets are not trying to avoid any responsibilities, they are only trying to protect the one part of their income that they earned with their health and that they need to survive, to try avoid becoming homeless as are so many other Vets.

YOU CAN HELP! PLEASE GET INVOLVED - SUPPORT OUR DISABLED VETS!
IN JERRY BOHR'S CASE, PLEASE CALL THE IOWA GOVERNOR'S OFFICE AND THE WINNESHIEK COUNTY CLERK OF COURT'S OFFICE TO REGISTER YOUR DISAPPROVAL OF THE FAILURE TO FOLLOW USC, TITLE 38, 5301 TO PROTECT OUR INJURED VETS.
Iowa Governor Chet Culver - Office PH- (515) 281-5211
Winneshiek County Clerk, Iowa - Office PH - (563) 382-0603

For more information on Jerry Bohr’s case and others, check out the press release below and the OFFE2008.org section devoted to 5301 and the injured Vets who are losing their rights, their financial support and the roofs over their heads in courtrooms across our country.

How can we ask men and women to stand in harm's way, risk bodily harm, then take away what little pay they may receive to survive on for the rest of their disabled life?

In the words of George Washington ... "The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceived veterans of earlier wars were treated and appreciated by our nation."

http://jerebeery.com/Iowa%20State%20Veteran’s%20Service%20Officer%20to%20be%20Jailed.htm

For Immediate Release 77

August 19, 2010

Iowa State Veteran’s Service Officer to be Jailed

Jerry Bohr of Ossian Iowa is facing the dilemma of his life. Bohr has been ordered to report to jail on September 4th to begin serving a 30 day sentence for contempt of court. The sentence was handed down 2 weeks ago by Judge Richard D. Stochl, 1st Judicial District Court of Iowa, for noncompliance of a previous child support order. It is this previous order which has led to Bohr’s incarceration. Jerry Bohr refused to comply with his divorce settlement agreement which wrongly calculated his VA disability compensation into his divorce as ‘income’ and therefore a ‘divisible asset’. Bohr was found in contempt of court for not honoring the attachment of his veteran’s benefits to his divorce settlement, now Jerry Bohr is on his way to jail. According to Federal Code this practice by state court judges is a violation of the Federal laws which protect veteran’s benefits from the claim of creditors, from attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary..

[Video Note:] KWQC TV6 (April 2009) News broadcast features Jerry Bohr and members of Operation Firing For Effect, the Veteran’s Advocacy Group. This video provides a thumbnail sketch of the OFFE organization and the 5301 issue in Iowa.
http://www.you3tube.com/watch?v=GJZS96P6dH8

If anyone should know something about the laws which govern the benefits earned by our men and women in uniform, it is those individuals who see and service our veterans on an every day basis. Jerry Bohr is a State of Iowa Veteran’s Service Officer with an office in Winneshiek County and many years of experience dealing with the needs of Iowa veterans. Bohr is very well versed in the laws and regulations contained within USC, Title 38, which is the Federal Code that regulates and protects the benefits and entitlements earned by our men and women in uniform after they are discharged from the military. Jerry Bohr is also an Honorably Discharged disabled U.S. Army veteran with a service connected VA disability rating. Between his VA disability compensation and his job with the state, Bohr has no other assets.

The disagreement between Judge Stochl and Jerry Bohr centers around USC, Title 38, 5301, which clearly states that veteran’s disability compensation is protected from attachment under any circumstances, and by/under any legal or equitable process whatsoever.

Unable to acquire an attorney willing to go up against the judge, Jerry Bohr was forced to represent himself in court. Although Bohr was well prepared and presented his case in a respectable manner, none of that would matter; the judge was not going to reverse him self. Bohr was ordered to serve 30 days in jail with work release, and then to add insult to injury, Judge Stochl ordered Bohr to pay all of his ex-spouse’s attorney’s fees. If Bohr doesn’t pay the court ordered support by the 30 days, he will be sentenced to another 30 days, or more, until he pays the court ordered support. According to Judge Stochl the federal law carries no weight in his courtroom and Jerry Bohr was merely attempting to hide behind a very old outdated federal law.

According to Operation Firing For Effect (OFFE), National Chairman, Gene Simes the judge got part of it right, 5301 is a very old law - which dates back to the founding of our nation. Unfortunately, civil courts across this nation are choosing to totally ignore our Forefather’s pledge to our combat disabled Patriots by finding slick and clever ways to distort and desecrate a Nation’s promise to her military forces. If indeed Federal law takes precedence over State law, then a majority of civil courts across the U.S.A. are in direct violation of federal code by forcing a disabled veteran to use his/her tax-free VA disability compensation as income to pay alimony, spousal support, child support, or to pay third party attorney fees, or face jail.

Jerry Bohr has never refused to pay child support. However, Bohr has states he will only pay the court order if the amount of support is calculated without the inclusion of his veteran’s benefits as income. Jerry Bohr is not a deadbeat father. Bohr shares custody of the Bohr’s two minor children and he sees his kids every other weekend at his expense. Jerry Bohr is very involved in the raising of his kids. He is an active parent and responsible father. Now, thanks to Judge Stochl, who has no respect for federal law, two weekends a month Jerry Bohr’s kids will not see their daddy because he is in jail. One can’t help but wonder what the kids on the school grounds will say?

Jerry Bohr is a valued member of OFFE and we will do everything in our power to get Jerry’s story out to the public. OFFE will be monitoring Jerry’s incarceration and case very closely. In fact, OFFE is following over 100 cases nationwide where disabled veterans have been unjustly stripped of their veteran’s benefits by civil courts judges. Jerry Bohr is the latest disabled veteran to be jailed over this issue. Jerry will be the 6th OFFE member to be jailed over this issue. Joseph Dziubak of Minnesota is facing a return to jail as well. Disabled veteran Charles Williams from San Antonio Texas was released from jail last week after paying the court order.

[Video Note:] KAAL, TV6 News (May 25, 2010), Albert Lea, Minnesota, Disabled Veteran Joseph Dziubak Goes to Jail. http://www.youtube.com/watch?v=5QUqoJfyATg

‘AREA 5301’ is a web page created by Operation Firing For Effect devoted exclusively to the 5301 issue. Operation Firing For Effect is currently the only national organization addressing this issue. http://jerebeery.com/AREA%205301.htm

[Video Note:] WIBW TV13 News (August 2010) broadcast is the latest coverage of this issue. http://www.youtube.com/watch?v=IyANu07a0u4 *

Jere Beery
OFFE National Public Relations Director
jerebeery@aol.com

*If you cannot view this video, go to http://wibw.videogenesis.net/watch?v=10856&ref=gr_related for the TV news version.

Thank you for your help and for staying up to date on this issue.