Posts Tagged ‘VA lawsuits’

Iraq Veteran with PTSD Files $5 Million Lawsuit against Veterans Affairs

Thursday, September 20th, 2012

Stanley Laskowski III is a former Marine Corps sergeant that returned from the Iraq War in 2003. His years of service resulted in nightmares, flashbacks, and paranoia that lasted for years and resulted in a diagnosis of Post-Traumatic Stress Disorder (PTSD).

Laskowski sought treatment through the Plains Twp. Medical Center, a facility under the Department of Veterans Affairs (VA). Clinicians there prescribed several medications that he claims were not suitable for effective treatment of PTSD and its symptoms.

The alleged mistreatment of this disabled veteran has led to the filing of a $5 million lawsuit against the VA for medical malpractice. Laskowski’s complaints carry beyond the medication issue – he claims that for four months he was denied access to a trained physician or psychiatrist after an April 2007 examination revealed he should seek treatment.

Laskowski was arrested in August 2007 for breaking into a pharmacy to steal prescription medications. The VA is countering the lawsuit, claiming that he had a history of substance abuse prior to joining the Marine Corps and that it continued even after he began receiving more thorough treatment. The VA also counters that Laskowski did not reveal the full extent of his symptoms to clinicians at the VA.

The trial concluded this week, although Laskowski’s attorney does not expect a verdict for several weeks.

Veterans who do not seek help for mental disorders may face serious disability in their later years. It is important to talk with a veterans’ disability lawyer to discuss options for filing for veterans’ disability benefits to receive necessary assistance.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today 1-888-234-5758.

Allegations Against VA-Controlled Land Not Supporting Homless or Mentally Disabled Veterans

Monday, March 26th, 2012

The Los Angeles Times reports that Los Angeles Judge S. James Otero is continuing the allegations of a June 2011 lawsuit, filed by the ACLU Foundation of Southern California against the Department of Veterans Affairs (VA), regarding misappropriation of VA-controlled land on the ACLU campus.

In the lawsuit, the ACLU claims that large portions of the VA-owned property, located near Wilshire and San Vicente Boulevard, were used for commercial leases rather than providing adequate housing to homeless and mentally disabled veterans. The accusations seek to hold the VA accountable for the lack of housing and treatment services for homeless veterans who suffer from mental disabilities.

According to the ACLU’s legal counsel, this is the first time a federal judge has allowed the VA to be held responsible for providing assistance to mentally disabled veterans.

Mentally disabled veterans make up a large portion of the homeless veteran population and require not only appropriate housing but also proper treatment for their physical and mental health conditions. By applying for veterans’ disability benefits, a veteran suffering from physical or mental illness has the chance of accessing better care and resources for medical treatment and life needs.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today 1-888-234-5758.

Lawmakers Suggest Firing Director of Miami VA Hospital for Inadequate Leadership

Wednesday, October 26th, 2011

About 2 years ago, the Department of Veterans Affairs (VA), in Miami, Florida, was facing a big-time scandal, dealing with protocols of medical procedures. The scandal was due to improperly cleansed colonoscopy procedures that left thousands of veterans at risk for diseases such as HIV, potentially created more veterans disability claims, and is now resulting in lawmakers calling for the job of the Director of the facility, Mary Berrocal.

At a recent Congressional hearing, some lawmakers claim that Berrocal was not doing enough on the behalf of the VA to mitigate the damage done by the colonoscopy scandal. Lawmakers from both sides of the aisle joined forces to criticize Berrocal’s leadership, whose failings not only lead to veterans being exposed to lethal diseases, but multiple lawsuits.

Berrocal’s supporters claim she has nothing but the veterans’ best interests at heart. They go on to say her leadership now is serving to “turning the ship around.” Her critics are calling for her to be fired, claiming her efforts are not strong enough.

There have been multiple instances outside the colonoscopy incident that cause lawmakers to question Berrocal’s ability to serve in her current capacity. Although Berrocal has already been admonished for her “lack of oversight” regarding the colonoscopy issue, many feel that she should be fired considering seeing the Miami VA in the midst of a downfall under her leadership.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today 1-888-234-5758.

Marine’s family wins lawsuit against the VA

Thursday, November 12th, 2009

The family of a former Marine who served two tours in Iraq has been awarded $218,500 to settle a lawsuit. Randen Harvey was 24 when he died of a fatal drug overdose in 2006. Harvey was discharged in November 2005 and had sought treatment for his mental health problems at the VA Medical Center in Ann Arbor.

According to The Detroit News, Harvey attempted suicide five months after he was discharged from the Marine Corps, and was diagnosed with post traumatic stress disorder. He was prescribed antidepressants and was hospitalized for the overdose. 

Less than two months later, he was found on the roof of the VA. However, the VA discharged him due to alcohol use and told him to wait for a substance-abuse program to start. Harvey was found dead just a few days later.

According to his mother, Harvey exhibited behavioral changes soon after returning from war including sleep disturbances, paranoid behavior, and trouble with the law as a result of drunk driving.

Read more about Lance Corporal Randen Harvey’s story.

If you or someone you know is a veteran and you are having suicidal thoughts, please get help. You are not alone. Treatment for PTSD and depression can help you live a more normal life.

If you are a disabled veteran who has been denied disability compensation by the VA, contact LaVan & Neidenberg. We can appeal your rating decision and fight for your rights. You are entitled to certain programs and benefits based upon your VA rating decision so contact our veterans disability rights firm today.