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NEVADA VIEWS: Nevada veterans need more help in obtaining disability benefits, not less

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NEVADA VIEWS: Nevada veterans need more help in obtaining disability benefits, not less


There is broad agreement that it’s too difficult for veterans to get the disability benefits they earned and need. After valiantly serving, our nation’s heroes are forced to navigate a complex, bureaucratic and adversarial claims process at the U.S. Department of Veterans Affairs, where they are frequently denied benefits or receive lower disability ratings than deserved. That makes it particularly hard to understand why state lawmakers are considering legislation that would make it even more difficult for Nevada veterans to get help in navigating this process.

Assemblymen Reuben D’Silva, D-North Las Vegas, and Ken Gray, R-Dayton, have introduced Assembly Bill 145 with the well-intended goal of protecting veterans from unscrupulous private companies seeking to take advantage of those who apply for their benefits. Unfortunately, AB145, which was debated in a recent Assembly committee hearing at which I testified, is drafted far too broadly and would make it illegal for veterans to get advice or assistance from any private companies, including ethical services that are working hard to help veterans. It is a classic example of throwing the baby out with the bath water.

I can attest to the value provided by some of these private services based on my personal experience. After serving in the Air Force for eight years, including a deployment in the Gulf War, I left the military suffering from PTSD, breathing issues and other service-related conditions. I first tried working with a free Veteran Service Organization to apply for benefits. Despite having all of my medical records in hand, I received a 0 percent disability rating from the VA. Years later I would try again, but was told by my VSO representative that I should “go online and figure it out” for myself.

Finally, almost three decades after leaving the military, I reached out to a private service for help. They carefully examined my case, helped me reassemble my claim and, within months, I received an accurate rating from the VA and the benefits I deserve. I was happy to pay a fee for that service and would do so again.

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Proponents of AB145 argue that veterans shouldn’t have to pay for a service they can get for free from a VSO. But from my experience, you often get what you pay for. Many VSOs are doing great work and that avenue should remain available for veterans. But if veterans choose to hire a private company to get additional attention and guidance in filing their claim, they should be allowed to do so. As veterans, we raised up our right hand and took an oath to fight for that freedom, among many others. It is simply wrong to take away our freedom of choice now.

There is a better way to resolve this issue. Bipartisan legislation has been introduced in Washington that would establish strict guardrails to protect veterans from bad private companies and fraudsters, imposing fee caps, transparency requirements and privacy protections, while allowing good private companies, such as the one I worked with, to become accredited by the VA and continue serving veterans. In other words, it legislates against the bad behavior, instead of against a specific type of service provider.

Ideally, Congress would move forward with this common-sense legislation and put this issue to rest. In the meantime, similar legislation has been introduced in at least 27 states and has already been enacted in Louisiana. The Legislature should reject AB145 or amend it to include similar provisions that protect veterans while preserving their choice. By doing so, Nevada can send a clear message that our top priority is to ensure veterans have access to the help they need to get the disability benefits they deserve.

Leo Garcia is a U.S. Air Force veteran. He writes from Boulder City.

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states


LAS VEGAS (KTNV) — Nevada’s laws allowing the counting of mail-in ballots that arrive up to four days after Election Day — so long as they are postmarked by that date — is constitutional under a Monday ruling from the U.S. Supreme Court.

In a 5-4 ruling, justices upheld a challenge to a Mississippi law that’s similar to Nevada’s statute. Justice Amy Coney Barrett and Chief Justice John Roberts joined with the court’s three liberal members, Sonia Sotomayor, Elena Kagan and Katanji Brown Jackson, to uphold the law.

Conservatives Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch dissented.

The ruling affects 30 states, all of which allow some ballots received after Election Day to be counted. That includes Nevada, which allows ballots postmarked by Election Day to be received and counted up to four days later, and ballots without a postmark to be received and counted up to three days later.

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Plaintiffs in the case — including the Republican National Committee and the Mississippi Republican Party — had contended that federal laws referring to “elections” mean both the casting and counting of ballots, which they said must occur on Election Day.

“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the case summary reads. “And a related federal statute — the Uniformed and Overseas Citizens Absentee Voting Act — confirms that while federal law dictates when ballots must be cast, state law governs when they must be received.”

In Nevada, critics have contended that late-arriving ballots erode confidence in elections, because they delay learning final election results for days and, in some close races, can change the outcome.

Gov. Joe Lombardo has called the weeklong wait for final, unofficial results “a national embarrassment.”

Plaintiffs in the case made similar arguments, but were turned away by the court: “Finally, plaintiffs policy arguments about election integrity and voter confidence are properly addressed to legislatures, not courts,” the case summary reads.

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Several attempts to require ballots to be received by Election Day have been introduced in Nevada’s Legislature, but none have been successful in the Democratically controlled body.

Secretary of State Cisco Aguilar has argued that the overwhelming majority of ballots are in and counted by Election Day, and only the closest races may be changed by late-arriving ballots. He’s advocated for more resources for county clerks and voter registrars to be able to count mail ballots more quickly.

Under the ruling, nothing will change for Nevada voters going to the polls in four months to vote in the November election. But officials still encourage voters to send in their mail ballots early, or to put them in drop boxes at voting centers during early voting or on Election Day.

Supreme Court upholds late-arriving mail ballots in Mississippi

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One dead, four hospitalized after head-on crash on I-15 in Clark County

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One dead, four hospitalized after head-on crash on I-15 in Clark County


LAS VEGAS (FOX5) — Nevada Highway Patrol responded to a two-vehicle crash on Interstate 15 near mile marker 94 Sunday evening.

The crash was reported at 6:43 p.m. on June 28.

MORE ON FOX5: Driver sustains life-threatening injuries in Las Vegas multi-vehicle crash

A passenger sedan and a pickup truck were involved in the crash. One vehicle was traveling southbound, lost control, crossed through the median, and struck the other vehicle head-on in the northbound travel lane.

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One adult male died at the scene. Two people were transported by ground ambulance, and two others were transported by life flight to a local hospital.

Road closures

All northbound I-15 travel lanes were closed at mile marker 94, but have since opened as of Sunday night.

Nevada Highway Patrol said further information will be provided following the preliminary investigation.

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Officials elevate response efforts to combat eastern Nevada wildfires

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Officials elevate response efforts to combat eastern Nevada wildfires












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Officials elevate response efforts to combat eastern Nevada wildfires | Local Nevada | Local























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