Category Archives: VA denial of benefits

48,000* paths to homelessness?

The Heritage Foundation’s John Malcolm recently testified that there are more than 48,000 state and federal “collateral consequences” in the United States. These “hidden costs” of criminal convictions ar exactly what I was talking about when I wrote this on STRIFEBLOG in August:
.
.
“You do the best you can, though, because you swore you would and because the outcome of a criminal case – regardless of whether a client goes to prison – frequently inflicts significant consequences on the lives and fortunes of not just your client but also your client’s family. A criminal conviction, the criminal record that follows it, and any collateral consequences from the conviction, e.g., loss of professional license, reduction in amount of VA disability compensation, termination of VA pension payments, deportation, denial of access to public housing and federal student aid, etc., can hurt and even destroy families.”

 

Collateral Consequences: Protecting Public Safety or Encouraging Recidivism

“Since most ex-offenders—millions of them—at some point will be released from custody and return to our communities, it is important that we do everything we can to encourage them to become productive, law-abiding members of society and that we not put too many impediments, in the form of excessive collateral consequences, in their way that will hinder their efforts.

“More attention must be paid to this issue to avoid these dangerous and counterproductive results. In a time of intense polarization, this is one of the few issues people can rally around and find common ground. If people are pushed into the corner and denied opportunities for gainful employment and a stable environment for too long, they will have little choice but to recidivate. It is not in anybody’s best interest to relegate the formally incarcerated to a backwater of second-class citizenship status.”

John Malcolm. Vice President, Institute for Constitutional Government, Heritage Foundation.

https://www.heritage.org/testimony/collateral-consequences-protecting-public-safety-or-encouraging-recidivism-0

*TITLE OF POST includes “48,000” in an effort to keep the message clear. Far too many of those 48,000 can shatter a family and thrust moms and dads and kids into homelessness but certainly not all of them.

My husband lost a limb in Afghanistan. Now, as his caregiver, I’m on the front lines.

Today’s opinion column by wounded warrior caregiver and USA Today contributor Ms. Sarah Verardo yanks the cover away from a national tragedy that the Trump Administration is working to fix.

The focus of her essay is those veterans – and their caregivers – who are deemed eligible for VA benefits. It does not extend to the tens of thousands of veterans who’ve been deemed ineligible for VA services due to “bad paper” discharges.

Although by law, Congress denies veterans’ services only to those “discharged under dishonorable conditions,” the VA has interpreted the intent of the law as excluding anyone with Dishonorable discharges as well as all veterans with Bad Conduct or OTH discharges, regardless of whether or not these latter discharges were related to any action understood as ‘dishonorable.’”

Ali R. Tayyeb and Jennifer Greenburg. “Bad Papers”: The Invisible and Increasing Costs of War for Excluded Veterans 6. Watson Institute of International and Public Affairs, Brown University. 20 June 2017 (citations omitted).

The following is excerpted from Ms. Verardo’s opinion piece in USA Today:

“Eight years ago, my husband stepped on an improvised explosive device in Afghanistan. He lost his left leg and much of his left arm, and barely survived. . . .

“As many as 5.5 million caregivers struggle to care for disabled veterans like my husband. These wounded warriors, especially catastrophically disabled, need round-the-clock assistance because they have a hard time completing the tasks associated with daily living — such as going to the bathroom or getting out of bed.

“In our case, my husband needs assistance to complete all his daily tasks, from dressing, to getting cleaned and ready, to planning the day. Every day, I am constantly thinking for two people.

Catastrophically wounded vets also require lots of medical care. In addition to his surgeries [119 of them], my husband has gone through years of speech, visual, physical and occupational therapy.

. . .

“The Department of Veterans Affairs offers caregivers support for coordinating these services as well as a stipend.

“Caregivers could receive $7,800 to $30,000 in any given year. To calculate caregiver stipends, the VA looks at a typical home health aide’s hourly wage in a veteran’s geographic location, as well as the number of hours of care that veteran needs. The VA caps the hours of care at 40 per week.

“That’s almost insulting. I am a caregiver every second of every day. One-fifth of caregivers report caring for their veterans 80 hours a week.

. . .
Fortunately, federal officials are beginning to take action. As part of the recently passed VA MISSION Act, Congress will expand caregiver support to all veterans — not just those injured after 9/11.

https://www.usatoday.com/story/opinion/voices/2018/12/05/veteran-caregivers-affairs-war-disability-afghanistan-va-column/2154728002/

 

FEATURE IMAGE accompanies this 5 December 2018 featured op-ed in USA Today. Caption: “Mike and Sarah Verardo in Charlotte, North Carolina, in November 2018.”

Hostile holidays? Give Sir Anthony Hopkins two minutes in Spielberg’s Amistad: a source to turn to when “there appears no hope at all”

“PROSE”: “the ordinary language people use in speaking or writing.”  – Merriam Webster

Sir Philip Anthony Hopkins, as John Quincy Adams presenting oral argument before the Supreme Court of the United States, in Amistad (1997). This two-and-a-half minute clip reminds us of an oft-forgotten well from which we might draw courage when “there appears no hope at all.”

“The other night I was talking with my friend, Cinque. He was over at my place, and we were out in the greenhouse together, and he was explaining to me how when a member of the Mende—that’s his people—how when a member of the Mende encounters a situation where there appears no hope at all, he evokes his ancestors . . . tradition. See, the Mende believe that if one can summon the spirit of one’s ancestors, then they have never left, and the wisdom and strength they fathered and inspired will come to his aid. James Madison, Alexander Hamilton, Benjamin Franklin, Thomas Jefferson, George Washington, John Adams . . . we have long resisted asking you for guidance. Perhaps, we have feared in doing so, we might acknowledge that our individuality, which we so, so revere, is not entirely our own. Perhaps, we’ve feared an appeal to you might be taken for weakness. But we’ve come to understand, finally, that this is not so. We understand now, that we’ve been made to understand, and to embrace the understanding, that who we are is who we were. We desperately need your strength and wisdom, to triumph over our fears, our prejudices, ourselves. Give us the courage to do what is right. And if it means civil war, then let it come. And when it does, may it be, finally, the last battle of the American Revolution.”

 

Legal citation for the real case decided by the U.S. Supreme Court:

The United States, Appellants, v. The Libellants And Claimants Of The Schooner Amistad, Her Tackle, Apparel, And Furniture, Together With Her Cargo, And The Africans Mentioned And Described In The Several Libels And Claims, Appellees, 40 U.S. 518; 10 L. Ed. 826 (1841).

 

Feature image attribution: Battle Bare for PTSD and Military Suicide, accessed online 21 November 2018 at https://www.pinterest.com/pin/292734044500114364/

 

 

Charles.photo.lawlibrary. 150 x 200Charles Bloeser is a lawyer and the researcher behind the creation of combatresearchandprose.com, a new open-source applied research initiative examining combat and those marked by it. His most recent publication, in August 2018, reports how a cancer-stricken, combat-haunted Vietnam veteran fell between the cracks in a modern jail. It’s an account that, from that warrior’s deathbed, he asked author to share with those best able to keep the same thing from happening to others. STRIFE, at the Department of War Studies, Kings College London, gave him a way to do that.  

http://www.strifeblog.org/2018/08/02/henry-a-wounded-soldier-forgotten-by-all-in-an-american-jail-by-all-except-his-brothers-who-fell-beside-him-in-vietnam