NC Legislative Filing: H.B. 50 – Allow Hyperbaric Oxygen Therapy for TBI/PTSD

Bill Website: https://www.ncleg.gov/BillLookUp/2019/H50

Summary: This bill proposes to allow certain medical professionals to treat veterans who have PTSD or TBI with hyperbaric oxygen therapy (HBOT).

Further Reading: In early 2018, the VA obtained an evidence brief related to the use of HBOT to treat PTSD and TBI, which is available at https://www.hsrd.research.va.gov/publications/esp/hbot.cfm.  This brief concludes that “offering HBOT to Veterans with mild or moderate to severe TBI and/or PTSD appears reasonable – with careful consideration of potential increased risk of certain harms.”  The VA continues to study the effectiveness of HBOT in treating these conditions.

The Immigration Benefits Of Military Parole In Place

Guest Post

By Lisa Kobayashi

When a military member is threatened with potential negative immigration consequences to their family, it may have a significant impact on the military member’s morale and readiness to perform the duties of their service. Recognizing this, the U.S. government has created certain discretionary benefits to ease the immigration process for military members’ families. One such benefit is military “parole in place.”  Significantly, if granted, the parolee would be authorized to stay in the U.S., and if they meet the criteria, it would further allow the family member to receive their permanent residency in the United States, rather than having to travel abroad to their home country for an interview to finish processing their case to receive their green card.

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Three-Section Networking Happy Hour In Fayetteville Feb. 28

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The NCBA Family Law, Estate Planning, and Military & Veterans Law Sections invite you to a joint networking happy hour in Fayetteville.

Date and Time: 5 – 7 p.m., Thursday, Feb. 28

Location: The Mash House, 4150 Sycamore Dairy Road, Fayetteville

RSVP online by Tuesday, Feb. 26

Free for all Section Members. Invite someone who could be a member.

 

VA List of Benefits Available For Veterans During the Shutdown

The VA has provided a list of resources available for veterans impacted by the partial government shutdown available at this link.

The VA recognizes that many veterans are also government employees affected by the partial federal government shutdown and may be experiencing personal and financial stress. The VA is open and working to support furloughed veteran federal employees. The list also provides programs and assistance by other federal agencies and organizations.

VA Seeks Comments On Its Family Caregiver Program

The Department of Veterans Affairs’ Program of Comprehensive Assistance for Family Caregivers provides support to individuals whose assistance enables seriously injured veterans to remain in their homes and communities.  Although initially limited to the caregivers of post 9/11-veterans, legislation recently extended potential eligibility to the caregivers of all eras.  The criteria for participation is still complex, however, as is the evaluation of the services to be rendered under the program. Potential benefits for caregivers include a stipend for providing personal care services, training, counseling, access to healthcare, and mental health services.  The VA is currently seeking comments regarding the program.

The VA’s request for comments focuses on determining the level of need for personal care services and extending the services provided to include legal and financial services.  Those wishing to review the request for comments can visit the Federal Register website here. The deadline for comments is Dec. 12, 2018.

[1] See 38 CFR § 71.20.

Writs Of Mandamus At the CAVC

By Robert Davis

For those unfamiliar, a writ of mandamus is an order directing a government official to perform his or her duty.  This writ is a request of last resort, but belongs in any administrative lawyer’s repertoire.  Indeed, notification of intent to seek mandamus is often enough to prompt government action.  Recent case law has resolved issues related to the writ’s usage against the Department of Veterans Affairs (VA).  This article gives some general information about writs of mandamus before exploring these recent decisions.

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Join Us For the Military & Veterans Law Section CLE!

The Military & Veterans Law Section (MVL) annual CLE offers it all — you can advance military and veterans issues, learn how to advocate for military members and veterans, earn CLE credit and network. And you might be able to do it for free, as scholarships are available to qualifying members.

Over 800,000 military members and veterans reside in the state of North Carolina.[1]  The MVL is dedicated to serving those residents, and the MVL CLE aims to train North Carolina attorneys on how to do just that. Additionally, one of the tremendous benefits of MVL’s CLE is that its subject matter overlaps with that of other areas of the law, such as family and education law, trusts, estate planning, and consumer protection.

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