Category Archives: Veterans’ Treatment Courts

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:
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“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.

“On behalf of the President of the United States and a grateful nation . . .”

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

 

After years of interrogating and defending witnesses in the criminal courts, detecting patterns and pattern breaks in people’s oral and written speech and in their behaviors is instinctive.
But it’s also instinct to identify other types of patterns. So, while at the Southern Arizona Veterans Cemetery last month, I took time to consider some of the patterns that are visible among the granite niche plates of the veterans who share a columbarium with my dad:
  • Too many of the niche plates are hard to read from just ten feet away;
  • The types of diversity among the names suggests that the ethnic, historical, and linguistic heritage among the veterans who share the columbarium with dad is broad, a reminder that those who fight America’s wars come from far and near;
  • These niche plates and others adjacent to them reveal a near, if not total, absence of any identifier that would draw distinctions among veterans based on race;
  • That the decedent be personally identified with, or perhaps insured by, religion or spirituality appears to be, at the very least, important to the good folks he or she came from;
  • As would be expected, most of these men and women who’ve died in the last few years served this nation’s military as enlisted personnel, rather than as officers;
  • Among these niche plates and others adjacent to them, there is a near, if not total, absence of any markings by which one might distinguish among combat warriors and other military veterans based on whether that veteran was gay, straight, or otherwise;
  • Many of the service men and women on these and other columbaria would have experienced the existential threats that this Nation faced during World War II, while they were still children; others came of age and perhaps served, when the U.S. and its allies fought the Communist scourge on and around the Korean Peninsula and around and above an island just 90 miles from the continental U.S.; during more than ten years of the Vietnam War and in the decades that followed, most, if not all of these veterans time and again saw those who mattered to them most die in whole or in part, regardless of which political party held power in Washington; and like every other person on the planet, each of them woke every day with a promise from the nuclear age: mutually assured destruction if any of us screws up; and
  • Among those niche plates that contain additional remarks in the space below the veteran’s official lifespan, almost all forego terms like “hero” and “warrior” in favor of terms that speak to the human connection that those left behind feel and will continue to feel for the veteran they’ve lost.

 

 

 

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

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.”

Veterans’ Treatment Court allows career Army sergeant to include yoga in five-year plan

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

Following is excerpted from Connected Warriors website: https://connectedwarriors.org/warrior-testimonials/

Nikki Prodromos

SERGEANT FIRST CLASS

“My name is Nikki Prodromos and I found Connected Warriors Yoga because drinking to cope with my three combat tours landed me in Veterans’ Treatment Court after having a few too many and getting behind the wheel. I have 21 enlisted years in the Army, serving active duty from ’95-’99 and joining the Reserves after September 11th. After each combat tour, I came home a little more anxious, a little more depressed, and a lot more withdrawn. At my lowest point, I couldn’t leave my apartment to check my mail and would ‘rally’ two days a month to attend battle assemblies and honor my reserve commitment but, I would pick up a 12 pack on the way home.

“Veterans’ Treatment Court required me to write a five-year plan in which I included attending yoga, for several reasons. First, the plan required a physical exercise element and as a 70% disabled veteran, this was one of my few viable options. Second, I tried yoga a few years ago and loved how I felt after my practice. Third, my Veterans’ Treatment Court mentor handed me a CW yoga flier and I found out it was free…which was about all my budget could afford last year. Finally, I’m two semesters shy of my master’s degree in Performance/Sport Psychology and know that the healing power of yoga has been proven time and time again. Boy, did I need some healing!”

Following description of a yoga class at Ft. Campbell is excerpted from Connected Warriors website: https://connectedwarriors.org/warrior-testimonials/

Michael, MSG – U.S. ARMY VETERAN WITH 17 YEARS IN SERVICE

“Three years ago a retired Army Command Sergeant Major invited me to a Connected Warriors yoga class at Fort Campbell. Needless to say, I was apprehensive about going to an unfamiliar activity that I perceived as new age stretching for women. Walking in the room, I was surprised to find such an eclectic group of participants from all different age groups, genders, body types, and fitness levels. Many had some type of knee, shoulder, or back injury – battle wounds from a dedicated life of service. Much to my surprise, the class was an intense workout that challenged my strength, balance, and flexibility. I found myself returning each week to learn new postures and for the challenge of pushing myself to the edge. During that year, I noticed physical changes such as my knee no longer swelling after long runs and ruck marches, increased inner core strength, and an overall improvement in my level of fitness.”

Per Connected Warriors:

“The Connected Warriors mission is to empower Servicemembers, Veterans and their Families worldwide through Trauma-Conscious Yoga.”

“Thanks to our synergistic partnership with the U.S. Department of Veterans Affairs (VA), Connected Warriors is at the forefront of clinical studies on yoga’s positive effects. Out of every dollar we raise, 92¢ cents goes into our programs in 9 countries worldwide, 24 states, and Washington D.C.”

 

Two Vietnam veterans talk about the Connected Warriors program in 2011 South Florida article re former sex crimes and homicide prosecutor who left to teach yoga full time:

“I always thought that yoga had something to do with meditation, but I didn’t know it was so strenuous,” said Vietnam veteran Curtis Hodge Jr., 66, a Lauderhill retiree. He said a weekly class with Frankel has helped him sleep through the night for the first time in 40 years.

“This is not a sissy thing, you know,” Hodge said.

Fellow Vietnam veteran Tom Turnberger, 63, a former Marine, praised Frankel’s non-critical manner. “He goes out of his way to make everyone feel welcome,” said Turnberger, of Plantation. “He said he appreciates what we’ve done as veterans, and that is not something those of us who served in Vietnam heard a lot.

“I don’t know how this works, but it gives me a sense of calm,” he added. “I’ve been searching for this.”

https://www.sun-sentinel.com/health/fl-xpm-2011-08-03-fl-yoga-for-vets-20110730-story.html

 

Feature image accessed 4 December 2018 at https://connectedwarriors.org/warrior-testimonials/

 

Charles.photo.lawlibrary. 150 x 200

Charles 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