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.
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 https://www.attorneyforveterans.com/lawyer-attorney-1325495.html
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
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.
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:
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 https://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 https://www.attorneyforveterans.com/lawyer-attorney-1325515.html for a short explanation of informed consent.
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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.
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For Houston-area Military Family and friends – – record a video message for your deployed loved one – – for July 4th, 2011.
WHAT: Record a FREE family video message to your military loved one
WHEN: JULY 2, 2011 – 9:30 a.m. til 2 p.m.
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 https://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.
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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.
Military Veterans' Lawyer Blog