There's a great town in California that helped a military hero have a dream wedding.  Read how the small city called Temecula took in Juan Dominguez in the Today story at Town throws dream wedding for triple amputee Marine.  Congratulations Juan!
 
 
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Ever arrived at a race only to remember something you wished was in a race pack instead of at home?  As a result of preparing for a half marathon tomorrow, this article is an attempt to improve your preparations for races.  The contents of a race pack vary greatly depending on many factors including the race type, month, location, age, gender, and disability.  

The half marathon is scheduled to begin early morning in Chicago, Illinois inside the city, and the race forecast is mostly sunny with temperatures between 65-75 degrees.  This city location requires that I carry certain items and allows me to leave others at home.  The temperature range is ideal for my caliber of runner, and so I will pack light.  I began packing the week prior to the race by creating a list of items then purchasing items on my trips around town.  Two days prior to the race I began filling the bag with these items, and I placed it near my clothing and running shoes.  For more information on new clothing options, check out It's Time to Rethink Your Shirt Choices.

My race pack is possible because the race has a gear check.  As I said earlier my race pack is specific to me and the expected race day conditions.  I already possess many of the necessary clothing and items in my pack because all training plans should incorporate a dry run of the race day.  The full list of items in my pack is as follows: sunscreen, band-aids, Gatorade, sports towel, sports watch, sunglasses, armband for tunes, race bib, extra t-shirt, extra socks, cash, train pass, and personal identification.  I might add or subtract a couple of items depending on the factors above.  Other helpful articles include What to Pack for Half Marathon Race Day and Get Your Clothing and Gear Race Ready the Week Before the Race.

My years of race experience also provides the following time saving activities.  I will pin on the race bib the day before the race.  The sunscreen, watch and armband will likely go on while I am traveling to the start line.  I use an extra pin on race day to keep my shorts pocket closed, which contains my train pass, identification and a few dollars for emergency.  Feel free to send us suggestions of items for a race pack and time saving activities.  We love to hear from readers!

This article is intended to provide only general fitness information.  For Love of Country is not affiliated with any of the websites or manufacturers mentioned in this article.

 
 
PictureCourtesy of Clyde Robinson
In the last article, we mentioned the use of Veterans Treatment Court to curb a growing problem.  The problem is the way we treat Veterans when they return from fighting after which some struggle with adapting to everyday civilian life.  These heroes must be given special treatment, whether it is in the form of therapy or assigning highly trained professionals to their cases.

Some organizations and legal professionals have attempted to assist our military heroes in trouble with the law.  Their tool is the Veterans Treatment Court.  According to Justice for Vets, "The Veterans Treatment Court model requires regular court appearances (a bi-weekly minimum in the early phases of the program), as well as mandatory attendance at treatment sessions and frequent and random testing for substance use (drug and/or alcohol)."

Why is a Veterans Treatment Court better than any other criminal court?  The experience of a Judge is important in every case.  Legal professionals are increasingly focused on particular areas of law, which require specialized training whether in the form a Masters of Law or past work experience like that of a military JAG.  The training continues in practice when lawyers attend specialized Continuing Legal Education (CLE).  At this point, not every jurisdiction will have a past military lawyer sitting as a Judge, however.  A Veterans Treatment Court is a positive step because a Judge can acquire knowledge through CLE courses and repetition of Veterans cases.  As a result, the lawyers save time educating inexperienced Judges, and the Judges are more likely to know the resources available to treat Veterans.  

A Court should not have a one size fits all Order for Veterans.  Veterans might need therapy for PTSD symptoms, or they might benefit from a clinic that helps apply for benefits, or a family law professional might provide assistance with custody and support issues.   Without these resources, our military heroes are likely feeling hopeless, leading some to resort to crime.  So far, some Veterans Treatment Courts have government representatives with access to confidential records and benefits representatives available to assist courts and Veterans on the spot.  Volunteer mentors are even available to help with navigating a day in Court and to support Veterans in the recovery process.

How can we ensure the existence of more Veterans Treatment Courts?  Take the opportunity to contact your local officials.  Write a letter or email to your local alderman or representative.  Even the local Bar association and Chief Judge could be of assistance with organizing a docket to handle Veterans cases.  They usually have the inclination to help Veterans, but it is up to all of us to work together to implement these effective Courts.

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. 

 
 
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Courtesy of U.S. National Archives
If you are found eligible by a court to receive appointed counsel, thank Abe Fortes and Clarence Earl Gideon for the helping hand.  For those Veterans still in need of legal assistance, we also have suggestions for you.

On Monday, March 18, 2013, we mark the 50th anniversary of the U.S. Supreme Court case, Gideon v. Wainright, 372 U.S. 335.  The events leading up to this landmark case began late one night in a Florida pool hall.  Based on the accusation of one witness, local law enforcement arrested Clarence Earl Gideon on charges of breaking and entering with intent to commit petty larceny.  The lower Court denied Gideon's request for appointed counsel, and a jury found Gideon guilty.  

From his prison cell, Gideon sent the U.S. Supreme Court a handwritten Petition for a Writ of Certiorari to consider whether the denial of counsel violated his Sixth Amendment rights, as applied to the states by the Fourteenth Amendment.  The Supreme Court agreed with Gideon, reversing the lower court.  Future Supreme Court justice, Abe Fortas, succesfully represented Gideon as his appointed counsel.

As a result of the Gideon decision, indigent defendants have a right to appointed counsel in a much larger amount of cases.  An important question now is whether government debt and the sequestration will threaten this right to appointed counsel.  Due to these financial problems, local governments are hiring less public defenders.  In addition, court appointed private defense counsel are less capable to fully defend their clients' interests as a result of severely reduced reimbursements from the government.  To compound the situation, thousands of Veterans are returning from War then appearing in U.S. criminal courts with unique PTSD problems.

If you are a Veteran that is denied indigent status and/or appointed counsel, seek out the assistance of organizations like Justice for Vets at http://www.justiceforvets.org/.  This organization advocates for the use of the Veterans Treatment Court, and it supplies resources for court professionals handle the situation of Veterans courts in their communities.  Check back soon for our upcoming article on the use of Veterans Treatment Court.  

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. 

 
 
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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

 
 
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Sequestration could impact your civil or criminal case by delaying hearing dates and reducing available legal defense funding.  As you are likely aware, sequestration kicks in this week due to the failure of the government to find an alternative method to reduce the U.S. deficit.  A substantial number of Federal employees will be out of work, hopefully temporarily, during negotiations over sequestration.

The Federal court system, its employees and litigants will experience the impact of sequestration in several ways.  There are State and Federal courts considering closings and furloughs.  Some of these courts have sent out correspondence to members of the Bar associations requesting input on potential plans for closings.  One report is that criminal trials might end if the government decides to not pay attorneys or cuts funding for legal defense. (Source: http://www.edmondsun.com)  The D.C. court services agency spokesman Leonard Sipes Jr., said that its sequestration plan could include limits on overtime, the use of contractors, and hiring. (Source: http://legaltimes.typepad.com)  Attorneys are under a duty to only withdraw from cases under certain conditions, but the government might lose prosecutors and its ability to successfully prosecute cases.


What can you do to minimize the negative impact of sequestration on your case?  Check in with your attorney or court clerk during the next couple weeks.  Ask if they are aware of any court closings or changes to the court hearing schedule.  It will prevent you from unnecessarily taking time off work.  In addition, ask if you have responded to all requests with the necessary information and paperwork.  Judges will not be in a mood to deal with unprepared attorneys and litigants.  As always, continue looking for assistance from the Veterans clinics.  

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. 

 
 
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. 
 
 
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Courtesy of Pablofausto
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.  

 
 
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Courtesy of FITCO Cares Foundation at http://www.fitcocares.org/
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.

 
 
We are pleased to announce the addition of www.ForLoveofCountry.net to the American Bar Association (ABA) website found at http://www.abajournal.com/blawgs/topic/military+law.  Check out our fellow blogs and websites to get more information on related military law topics.  Thanks for your support!