Articles Posted in Veteran Affairs

At the Law Office of Robert B. Goss, P.C., www.attorneyforveterans.com, we have been going through a transition. Changes are sometimes very good, and in this case our changes are very good.

The biggest change has been the addition of the newest member of our staff. That member is me! My name is Hans Goss, and I am a U.S. Army veteran. I was in the U.S. Army for four and a half years, and served as an Airborne Infantryman in the 82nd Airborne. My deployments were to Haiti and Iraq. I am very proud of my service to our country, and like everyone at the Law Office of Robert B. Goss, P.C. https://www.attorneyforveterans.com/lawyer-attorney-1303353.html, I am a veteran or a dependent of a veteran. I am currently working towards becoming a lawyer. As it stands I am a proud member of this law firm dedicated to helping all veterans in every way I can. I will also be leading the Firms blogs from the position of a new veteran, with the goal of providing insight into the VA system that is not only helpful, but easy to navigate.

Today’s blog will begin with the story of how the Law Office of Robert B. Goss, P.C., www.attorneyforveterans.com, came to be and how we will proceed in the future.

To all who have served and their families – – Thank you for your service. We have included a video that says it all without saying a word. Hoping you enjoy this video and to those who served or have been the family or a service member you will understand.

https://www.youtube.com/watch?v=uoABty_zE00

For veterans needing assistance obtaining their VA disability benefits The Law Office of Robert B. Goss, P.C. is here to help you get the benefits you have earned serving our nation. https://www.attorneyforveterans.com

The Law Office of Robert B. Goss, P.C. https://www.attorneyforveterans.com wishes to express our condolenses to the family and friends of Col. George “Bud” Day.

July 28, 2013, Col. Day passed away after a long illness.

Col. Day was a true hero and a man I greatly admired. He helped friends of mine as an attorney, he fought for veterans all the way to the U.S. Supreme Court that denied a Writ of Certiorari. The case involved fighting to protect veteran’s right to free health care. See http://mrgrg-ms.org/cag-rule.html.

Today is the 69th anniversary of the invasion of France to liberate Europe from the Nazis.

This week I mentioned D-Day was Thursday. One of our young secretaries stated she did not know about D-Day.

D-Day for WW II was on June 6, 1944. D-Day is the day the Allies launched the largest military operation, at the time, to free France and all of Europe from the Nazi occupation. This week the U.S. Senate lost their last World War II (WW II) veteran, Sen. Lautenberg. He served in the Army Signal Corps from 1942-46. After separating from the Army Sen. Lautenberg used the GI Bill to earn an economics degree and eventually serve New Jersey as a U.S. Senator.

For those of you who have served, you know this Fact – – Military Retirees are Veterans. But it seems with Sequestration upon the United States, the Department of Defense at the urging of the White House has a solution – – have Military Retirees pay MORE IN TRICARE FEES.

Why raise TRICARE fees because of my favorite White House word “fairness.” The whole idea pushed for Obamacare was fairness for those without health care. But the WH states Military Retiree’s Health Care costs are not fair compared to the public.

But is it fair to give free health care to those who do nothing? And then conversely argue it is fair to force Veterans who are Military Retirees (remember Military Retirees include veterans who were medically retired due to Injuries) to pay ever increasing TRICARE fees. TRICARE raised all fees in 2012. No – – The proposal to keep raising TRICARE fees on the back of veterans is not fair.

– – As the the U.S. Flag passes and also during the playing of the National Anthem.

This law was passed in the National Defense Authorization Act of 2008. Specifically National Defense Authorization Act of 2008 sec 595 changes 36 U.S.C. section 301(b)(1) to read:

(b) Conduct During Playing.- During a rendition of the national anthem-

On January 3, 2013, Title 10. Section 987(f) of the U.S. Code was amended to provide protection for service members and their dependents regarding credit, arbitration, and limiting interest rates. This amendment provides service members and their dependents a private cause of action against lenders who violate the Military Lending Act.

The Military Lending Act law was amended in H.R. 4310, the “National Defense Authorization Act.”

The Law Office of Robert B. Goss, P.C. https://www.attorneyforveterans.com/ is honored to assist our service members, veterans, and their dependents.

To read the amendment creating the Private Cause of Action read on:
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The GAO on January 18, 2013, confirmed the average wait time for a claim to be processed has increased. In 2009 the VA took an Average of 161 days. In 2012 the processing time jumped to 260 days.

Appeals – – over 2/3rd of all claims were backlogged.

If you are appealing a VA claim, contact us for help. https://www.attorneyforveterans.com/lawyer-attorney-1303360.html

First, fail to make a claim for a benefit. The VA is not responsible for any disability that you may have if you do not make a claim. No claim = no benefits. And no not filing a claim will not allow you to get 50 years of back pay worth millions as you were injured in Korea and have waited 50 years to file the claim.

To make a claim go to https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal;EBEN_JSESSIONID=m1SvSLWJhPpWCm63hzmvhJpNgkTKvHGN2Cy955KbJ9SR2TnhDjTy!740092564!2104263516?_nfpb=true&_nfxr=false&_pageLabel=Apply and fill out a VA Form 526 (click apply for benefits), then click on Apply for Veterans Benefits at https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal?_nfpb=true&_nfxr=false&_pageLabel=Vonapp.

Second, ignore any VA requests for information and only send back responses telling the VA how stupid they are. Yes people do this, and then expect the VA employee to help them.

Lay statements are any statements made by the veteran, family members, friends, neighbors, or service buddies who make an oral statement during a hearing, or make a written declaration or written statement (preferably an affidavit signed and notarized under oath) regarding the veterans disability.

Lay statements refer statements made by people lacking professional medical expertise, laypersons, or people who are not medical professionals, and therefore cannot make medical diagnosis or prove medical facts.

But as anyone knows there are many things that a lay person can observe, such as seeing the veteran bleeding, seeing the veteran injured, seeing the veteran walking with a limp, or describing the laypersons observations and so forth. This may even include stating a diagnosis a medical professional told the layperson. A layperson cannot provide a diagnosis of diabetes, but the layperson can document the diagnosis a medical provider stated to the veteran or the layperson.

Lay statements are useful to document events that a person who is not a medical provider observed regarding the veteran. These lay statements can fill in missing information. The more factual the statements the better.

The Federal Circuit in Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007), stated there are times a lay person is competent to testify to a medical condition.

Jandreau held:

[l]ay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a lay person is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional.

If you have been denied a claim, and filed your first notice of disagreement (NOD) on or after June 20, 2007, please contact the Law Office of Robert B Goss, P.C. for assistance in appealing your denial. https://www.attorneyforveterans.com/
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