We found some sporting news to share with our readers.  Recently, we posted an article about obesity.  It provided some of the current opinions on whether obesity qualifies as a disability.  One sports organization appears to agree with the classification of obese persons as disabled.

FIFA organizers of the 2013 Confederations Cup soccer tournament will offer a percentage of their total seats to disabled individuals.  They believe obese persons should be eligible for these tickets, but it is likely these tickets will cost more than other seats.  Those seeking to qualify for one of these seats must submit a medical certificate to prove a body mass index of 30 or more.  It appears FIFA will offer the same ticket deal for the 2014 World Cup in Brazil.  The Confederations Cup ticket information is currently available at http://www.fifa.com/confederationscup/organisation/ticketing/ticket-information/accessibility-tickets/index.html.  

The Americans with Disabilities Act (ADA) requires new U.S. stadiums to be accessible to the disabled.  In addition, the ADA requires seating locations to be dispersed throughout all seating areas and provide a choice of admission prices and views comparable to those for the general public.  New U.S. stadiums are also installing slightly wider seats in general, including Yankee stadium, but there appears to be no case law directly on point regarding obesity, disability and athletic events.  Read our full article, Obesity: Whether it Qualifies as a Disability, available at http://www.forloveofcountry.net/1/post/2013/02/obesity-whether-it-qualifies-as-a-disability.html

One-third of adults ages 20 and older are considered obese, which is defined as having a body mass index greater than 30, according to the Academy of Nutrition and Dietetics.  Obesity is an extremely important topic due to the related conditions, including diabetes and the physical strain of carrying too much weight.  Clearly the American population struggles with obesity, and Veterans are not an exception.  Not everyone is able to leave the military then stay active for the rest of their lives.  As a result of crippling obesity related disability, many Veterans search for financial assistance from the government.  They are challenged by the VA benefits process.  In an attempt to ease the burden, we sought legal analysis of the various types of available disability programs.  

We found an informative article, Obesity Benefits: Comparing the Veteran’s Affairs Benefits and Other Disability Programs’ Benefits, in The John Marshall Law School Spring Bulletin, written by Ms. Elizabeth Lazicki.  Ms. Lazicki analyzed the VA, ADA, SSA and USERRA to determine whether they provide a procedure to apply for benefits as a result of obesity.  According to this article, a Veteran must establish "(1) status as a veteran; (2) the existence of a disability; (3) a connection between the veteran's service and the disability; (4) the degree of disability; and (5) the effective date of his disability."  Her conclusion is the VA must clarify its definition of obesity to make it similar to the SSA and/or ADA.  Based on her reasoning our Veterans will then have a better chance of avoiding time and money spent on appealing a benefits denial.  The full article is found at http://www.jmls.edu/veterans/pdf/2012-spring-VLSC-newsletter.pdf.

There is a reason to look to the ADA for clarity.  As a result of the ADA Amendments Act of 2008, it is now easier for individuals with a range of impairments to establish they are individuals with disabilities.  The ADA defines an "individual with a disability" as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded, or treated by an employer, as having such an impairment, even if no substantial limitation exists (See 29 C.F.R. § 1630.2(j)(i)(1)(i)-(ii)).   The EEOC claims that basic obesity, without any other underlying condition, sufficiently impacts the life activities of bending, walking, digestion, cell growth, etc., to qualify as a disability or perceived disability. EEOC v. Resources for Human Development (E.D. LA.2010). (Source: http://www.diversityinc.com/diversity-and-inclusion/obesity-is-a-disability-says-eeoc)  Furthermore, "service-connected disabilities, such as deafness, blindness, partially or completely missing limbs, mobility impairments requiring the use of a wheelchair, major depressive disorder, and PTSD, will easily be concluded to be disabilities under the ADA" (See 29 C.F.R. § 1630.2(j)(3)(iii)).

See our related article regarding the application procedure for benefits available at http://www.forloveofcountry.net/1/post/2012/08/reader-question-application-procedure-for-navy-benefits.html.  Follow us on Twitter, and check back soon for our new articles.

Disclaimer:  This article is intended only to provide general legal information.  It does not create an attorney-client relationship.  Consult a licensed attorney in your area if you are in need of legal advice. 

There is another great option to stay active this year.  Thanks to the VA and Disabled American Veterans for providing sponsorship of the National Disabled Veterans Sports Clinic.  This clinic is in its 27th year of serving our military heroes and takes place in Snowmass, CO on March 31 - April 5, 2013.  They offer instruction and opportunities to participate in adaptive sports including rock climbing, scuba diving, skiing, and more.  This clinic welcomes donations, sponsors, and volunteers.  Contact Voluntary Services at (859) 442-2347 or visit http://www.miracles.dav.org/ to learn more about the clinic.  

According to news reports we have lost a true military hero this past week.  Chris Kyle was a former Navy SEAL sniper, and he received two Silver Stars and five Bronze medals for valor.  Mr. Kyle, a neighbor, and another man were at a gun range in Texas when the third man reportedly shot Mr. Kyle and his neighbor, also a Veteran.  Based on the information available, the third man has been identified as a former Marine.  Investigators have not reached a certain conclusion on motive yet, but sources indicated that PTSD is likely to blame for the killings.  

What can be done to stop PTSD related incidents?  It's a topic that news reporters will likely weave into the national gun debate during the upcoming weeks.  One suggestion is for Veterans and friends to proactively contact VA professionals to seek help in dealing with PTSD related issues.  We added a link on our website to the Veterans Crisis Line, available at http://www.veteranscrisisline.net.  According to its website:

The Veterans Crisis Line is a Department of Veterans Affairs (VA) resource that connects Veterans and Service members in crisis and their families and friends with information and qualified, caring VA responders through a confidential, toll-free hotline, online chat, and text messaging service. Veterans and their families and friends can call 1-800-273-8255 and Press 1, chat online at www.VeteransCrisisLine.net, or send a text message to 838255 to receive support from specially trained professionals, 24 hours a day, 7 days a week, 365 days a year.

Chris Kyle continued to contribute to American society in many ways after his military service.  He is remembered as the author of the best seller "American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History."  He also started Craft International to train military and law enforcement members.  Furthermore, he founded the nonprofit, FITCO Cares, through which he assisted military heroes with PTSD and their transition into civilian life.  FITCO Cares Foundation has established a memorial page where supporters can share their condolences and donate to the cause at http://www.fitcocares.org.  Rest in peace Chris Kyle.

For related articles, see http://www.forloveofcountry.net/1/post/2012/08/new-sports-camp-for-wounded-warriors-in-carolina.html and http://www.forloveofcountry.net/1/post/2012/08/military-attempts-to-resolve-behavioral-health-issues.html.

For Love of Country is not affiliated with any of the organizations referred to in this article.  This article is not an advertisement and For Love of Country does not receive any money related to this article.

The U.S. Open has a fresh face on the tennis court this year.  Army Specialist, Ryan McIntosh, is a new ballboy with an inspirational story.  McIntosh lost his leg below the knee in Afghanistan after stepping on a land mine.  He played sports before his injury and has remained active since.  During the 2011 Wounded Warrior games he learned of the opportunity to serve as a ballboy at the 2012 U.S. Open Tennis Tournament in New York.  He participated in tryouts to qualify as one of the 80 ballpersons to work at this year's Open.  McIntosh's U.S. Open supervisor, Tina Taps, said "He shines out there.  And with his military background and sense of teamwork, he personifies what we want to do with these kids."  After the Open, McIntosh will return to service in the Army as an Adaptive Sports Coordinator, and he will train for the 2016 Paralympics.

(Source: Wounded warrior works as U.S. Open ballperson, Army Times, http://www.armytimes.com)

As a followup to our last blog article we wanted to find out what the military is doing to resolve behavioral health issues.  Behavioral and mental health were historically uncomfortable discussion topics in the military, likely because the military struggled to establish an effective resolution.

Fortunately, some leaders in the military are rolling out a new approach to deal with behavioral health issues.  Several years ago the Army and community in Fort Carson, Colorado experienced the horrible repercussions of leaving behavioral health issues untreated.  As a result, Maj. Chris Ivany, Fort Carson's battalion psychiatrist, created a new approach to proactively catch and treat soldiers.  Major Ivany's approach introduces soldiers to counselors within hours or days after battle.  With early intervention soldiers begin expressing their feelings to both their counselors and buddies.  The soldiers undergo another process at their home base as soon as they return.  The followup screening process is designed to treat soldiers before they begin leave and during leave from duty.  

Since its introduction, the military's approach has been deployed to the other 43 brigades.   Another cooperative effort between the military and Troops First Foundation resulted in Operation Proper Exit.  According to the organization's website, "For those Wounded Warriors who are thriving in recovery and are capable of returning to theater, this program itinerary stages a meet-and-greet tour to forward operating bases with a group of recovered soldiers."  (Source: http://www.troopsfirstfoundation.org/int_exit.php)  These efforts provide a source of hope for all of us to properly bring our military heroes back home.  

Source: Army's huge culture shift: No shame in mental health help, By Gail Sheehy, Special for USA TODAY


Disclaimer: For Love of Country is not affiliated with any organization mentioned in this blog article.  This article does not constitute an endorsement of any organization referenced in this article.  We encourage those interested in donations to research charitable organizations by requesting information from the organization and using tools available on the internet.  Thanks to our contributor for sharing this story!

We know not everyone is interested in climbing Mt. McKinley like the Wounded Warriors in our articles available at http://www.forloveofcountry.net/1/category/fitness/1.html.  For those looking for a family experience, there is a new nonprofit sports camp opening in October 2012 in North Carolina.

According to a camp representative, "Our mission is to reconnect wounded warriors and their families in an environment that is therapeutic, builds a healthy spirit and solid family relationships."   There appears to be no fee to attend the camp, and the organization claims to have received 501(c)(3) status so donations can be made on its website.   More information about the camp is available at www.eaglerockcamp.org.  If you are a Wounded Warrior interested in attending the camp, use their Contact Us tab on the above website to request an application.   

If you are interested in researching the status of a charity as a 501(c)(3), then request from the charity their entity name submitted to the Internal Revenue Service.   A search of 501(c)(3) organizations is available at http://www.apps.irs.gov/app/eos/.  It is often a lengthy process to receive official 501(c)(3) status from the IRS.  Once the organization receives 501(c)(3) status, donations "are deductible as charitable contributions on the donor's federal income tax return." (Source: http://www.irs.gov/publications/p557/ch03.html#en_US_2011_publink1000200026)

Disclaimer: For Love of Country is not affiliated with any organization mentioned in this blog article.  This article does not constitute an endorsement of any organization referenced in this article.  We encourage those interested in donations to research charitable organizations by requesting information from the organization and using tools available on the internet.

We first introduced our readers to the Warfighter Sports Denali Challenge in our  June 23, 2012 article at http://www.forloveofcountry.net/1/post/2012/06/wounded-warriors-attempt-to-summit-mt-mckinley.html.  These warriors did an incredible job climbing Mt. McKinley while facing harsh weather conditions.  According to their reports, the warriors were forced to descend after climbing to about 16,200', however.  They assisted Warfighter Sports and Disabled Sports USA to surpass the fundraising goal of $25,000.  Thank you to everyone who donated.  Learn whether the organization can help you as a U.S. warrior at http://www.warfightersports.org/#!im-a-warfighter. 

Climbing 20,320 feet requires extensive preparation especially when your missing a leg or two.  A group of five wounded warriors are attempting to summit Mount McKinley in Alaska, the highest peak in North America.  Their journey began on June 10, 2012 and they are currently nearing the top of the mountain.  At the time of this post the men reached 14,000 feet where they are preparing for a more steep part of the mountain.  "We want to show in this project how active and how independent these wounded warriors can be, even with very severe injuries," said Kirk Bauer, climber and executive director of Disabled Sports USA, http://www.warfightersports.org.  Follow these inspiring Wounded Warriors at http://www.crowdrise.com/wsdenalichallenge.  Thanks to our contributor for sharing their story!

Whether you're in North Dakota, North Carolina, California or Texas, it's time to take advantage of the activities available across the country.  Thanks to some wonderful organizations, this year there are more activities for all abilities and interests.  

We assembled three sources to jump start your search.  First, find a long list of events on the Paralyzed Veterans of America website at www.pva.org on its Sports Calendar, which includes golf, races, and fishing.  Second, a great source of well organized competitions, events and funding is the VA website at www.VA.gov/adaptivesports.  Third, find a constantly updated list of events one click away at  http://www.forloveofcountry.net/events.html.  In addition to providing the opportunity to participate in these fun events, most of the operators donate substantial sums to charitable veterans organizations.  

If you are in need of extra motivation, check out Vietnam War veteran Mike Reeder's inspirational story available at http://espn.go.com/espn/e60/story/_/id/6781849.  As Mike says, "If you have a goal and you strive toward that goal, just the fact of doing it, striving toward it, makes you a better person."
  
Disclaimer: This article is intended only to provide general information.  Consult a licensed physician to get specific medical advice before beginning any fitness activity.