Law Office N Albert Bacharach, Jr. PA

Law Office N Albert Bacharach, Jr. PA N. The firm's broad range of services and practice areas are focused on addressing the legal challenges faced by of our clients.

Albert Bacharach, Jr., PA represents clients in legal matters involving Veterans benefits, Medical Malpractice by the VA, Social Security Disability benefits, and Personal Injury matters . Our services include Social Security Disability, VA Service Connected Disability, State Retirement, VA & other medical malpractice, Wrongful Death, Class Action, Personal Injury, Injury/Death from Auto Accidents

, and General Civil among other areas. Albert Bacharach, Jr., PA has a local presence and a national reach with long-standing roots in North Central Florida and membership at the bar of the United States Supreme Court *, the United States Court of Appeals for the 1st -11th circuit**, the United States Court of Appeals For The Federal Circuit***, the United States Court of Appeals For Veterans Claims****, the United States District Court For The Southern District of Florida,
the United States District Court For The Middle District of Florida, the United States District Court For The Northern Districts of Florida, the United States District Court For The Eastern District of Michigan, the United States District Court For The District of North Dakota and the United States District Court For The District of Colorado.


*The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.

**The 94 United States District Courts are organized into 12 regional circuits, each of the 12 regional circuits, numbered One through Eleven plus the Washington D.C. Circuit has a United States Court of Appeals. A court of appeals hears appeals from the United States district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

***The Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.

****The United States Court of Appeals for Veterans Claims has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans’ Appeals (BVA), an entity within the Department of Veterans Affairs.

03/18/2026
08/17/2022

Understanding the Camp Lejeune Justice Act of 2022.
The Camp Lejeune Justice Act was enacted to provide relief to all persons, including active duty veterans or the legal representative of such a person (such as a an executor or a guardian), who resided, worked, or was otherwise exposed (including pre-birth, in utero exposure) for not less than 30 days, to the water at Camp Lejeune, North Carolina, at any time, during the time period beginning on August 1, 1953, and ending on December 31, 1987.
The Camp Lejeune Justice Act allows the persons described above to file a Federal Tort Claim against the Navy and Marine Corps The Statute of Limitations for filing Camp Lejeune Federal Tort Claims is two years from the enactment of the new law on August 10, 2022.
The Federal Tort Claims Act (“FTCA”) is a federal law that allows parties claiming to have been injured by negligent actions of employees or agencies of the United States, such as the Navy and the Marine Corps, to file claims against the federal government for negligence. Except for the Camp Lejeune Justice Act, active duty servicepersons are barred for FTCA relief by the Feres doctrine, which is named after an old U.S. Supreme Court case.
The FTCA has strict limitations on attorney’s fees. A Federal Tort Claim is started by filing a Claim for Damage, Injury, or Death - known as a “Standard Form 95" with the appropriate agency. Because of the larg number of people who were injured or died because of the contaminated water at Camp Lejeune, it is advised to file your claim as soon as possible.

08/10/2022

President Biden Signed the PACT Act Today
The PACT Act is named in honor of Sergeant First Class Heath Robinson, a decorated combat medic who died from a rare form of lung cancer, this historic legislation will help deliver more timely benefits and services to more than 5 million veterans—across all generations—who may have been impacted by toxic exposures while serving our country. Danielle Robinson, the widow of Sergeant First Class Robinson, was a guest of the First Lady at President Biden’s first State of the Union address when he called on Congress to pass a law to make sure veterans devastated by toxic exposures – like her husband – finally get the health care and benefits they deserve.
The PACT Act expands access to VA health care services for veterans exposed during their military service. For post-9/11 combat veterans, the bill extends the period of time they have to enroll in VA health care from five to ten years post-discharge. For those combat veterans who do not fall within that window, the bill also creates a one-year open enrollment period. These expansions mean that more veterans can enroll in VA health care without having to demonstrate a service connected disability.
The PACT Act codifies VA’s new process for evaluating and determining presumption of exposure and service connection for various chronic conditions when the evidence of a military environmental exposure and the associated health risks are strong in the aggregate but hard to prove on an individual basis. PACT requires VA to seek independent evaluation of this process as well as external input on the conditions it will review using this framework. The new process is evidence-based, transparent, and allows VA to make faster policy decisions on crucial exposure issues. This new process has already fundamentally changed how VA makes decisions on environmental exposures and ensures more veterans have access to the care they need.
The PACT Act removes the need for exposed veterans and their survivors to prove service connection if they are diagnosed with one of 23 specific conditions. This greatly reduces the amount of paperwork and need for exams that veterans diagnosed with one of these conditions must complete before being granted access to health care and disability compensation, thereby speeding up their receipt of the benefits they have earned. This list includes 11 respiratory related conditions, along with several forms of cancer, including reproductive cancers, melanoma, pancreatic cancer, kidney cancer, and brain cancers such as glioblastoma. Survivors of veterans who died due to one of these conditions may now also be eligible for benefits.
The PACT Act requires VA to conduct new studies of veterans who served in Southwest Asia during the Gulf War and analyses of post-9/11 veterans’ health trends. The new law also directs the Secretary of Veterans Affairs to convene a new interagency working group to develop a five-year strategic plan on toxic exposure research.
The PACT Act ensures veterans get the care they need and includes ensuring that they are screened for toxic exposure and that VA personnel have the appropriate education and training. The PACT Act requires that veterans enrolled in VA health care be screened regularly for toxic exposure related concerns. This new law also requires VA to establish an outreach program for veterans regarding toxic exposure related benefits and supports, and to require additional toxic exposure related education and training for VA personnel.
The PACT Act also delivers critical resources to VA to ensure it can deliver timely access to services and benefits for all veterans eligible – including those already enrolled.
The PACT Act provides VA with mechanisms to enhance claims processing and to increase the workforce. The bill also invests in VA health care facilities by authorizing 31 major medical health clinics and research facilities in 19 states.

08/03/2022

The PACT Act of 2022 and VA benefits
The PACT Act of 2022 will soon be signed into law by President Biden. The new law will expands VA health care and service connected benefits for Veterans exposed to burn pits and other toxins. The PACT Act of 2022 is the largest health care and benefit expansion in U.S. history.
The PACT Act of 2022: expands and extends eligibility for VA health care for Vietnam, Gulf War and Post 9/11 veterans who experienced toxic exposures; by adding more than 20 new presumptive conditions for toxic exposure, including exposure from burn pits; it adds more presumptive-exposure locations for Agent Orange and radiation exposure; it requires the VA to provide a toxic exposure screening to every Veteran enrolled in the VA health care system.
Normally, to receive a VA disability rating, your impairment or disability must be connected to your military service. That is, there must be a nexus (traceable relationship) between you time in service and your impairment or disability. The exception is for presumptive conditions. When a veteran has a presumptive condition, the VA presumes the nexus exists and that some event or exposure, while in service, is the cause of the veteran’s impairment or disability.
For Gulf War and Post 9/11 veterans the VA is adding more than 20 burn pit and other toxic exposure presumptive conditions based on the PACT Act of 2022. The following types of cancer and other illnesses are now presumptive:
● Asthma that was diagnosed after service
● Brain cancer
● Chronic bronchitis
● Chronic obstructive pulmonary disease (COPD)
● Chronic rhinitis
● Chronic sinusitis
● Constrictive bronchiolitis or obliterative bronchiolitis
● Emphysema
● Gastrointestinal cancer of any type
● Glioblastoma
● Granulomatous disease
● Head cancer of any type
● Interstitial lung disease (ILD)
● Kidney cancer
● Lymphatic cancer of any type
● Lymphoma of any type
● Melanoma
● Neck cancer
● Pancreatic cancer
● Pleuritis
● Pulmonary fibrosis
● Reproductive cancer of any type
● Respiratory (breathing-related) cancer of any type
● Sarcoidosis
There is a presumption of exposure if you served in any of the following locations during the following time periods. That is, the VA will presume that you were exposed to burn pits or other toxins.
On or after August 2, 1990, in, or in the airspace above, any of these locations:
● Bahrain
● Iraq
● Kuwait
● Oman
● Qatar
● Saudi Arabia
● Somalia
● The United Arab Emirates (UAE)
On or after September 11, 2001, in, or in the airspace above, any of these locations :
● Afghanistan
● Djibouti
● Egypt
● Jordan
● Lebanon
● Syria
● Uzbekistan
● Yemen

07/08/2022

Camp Lejeune Water Contamination
You may be entitled to significant financial compensation if you served, lived or worked at the Marine Corps Base Camp Lejeune, North Carolina between August 1953, and December 1987.
Camp Lejeune water contamination sources included leaking underground water storage tanks and waste disposal sites. The contaminated wells were mostly closed by February of 1985. However, those who were exposed have faced cancer and other serious health problems related to the chemicals. Those health conditions may include:
● Bladder Cancer
● Breast Cancer
● Esophageal Cancer
● Kidney Cancer
● Leukemia
● Liver Cancer
● Lung Cancer
● Myelodysplastic Syndromes
● Multiple Myeloma
● Non-Hodgkin’s Lymphoma
● Cardiac defects
● Fatty Liver Disease (Hepatic Steatosis)
● Female Infertility and Miscarriages
● Neurobehavioral effects (poor memory, dementia, poor concentration, post-traumatic stress disorder, insomnia, fatigue, motor problems, etc.)
● Parkinson’s Disease
● Renal Toxicity (Nephrotoxicity is one of the most common kidney problems and occurs when your body is exposed to a drug or toxin that causes damage to your kidneys), and
● Scleroderma

06/07/2022

The VA has announced the addition of nine rare respiratory cancers to the list of presumed service-connected disabilities due to exposure to fine particulate matter for Veterans who served any amount of time in

Afghanistan, Djibouti, Syria or Uzbekistan during the Persian Gulf War, from September 19, 2001, to the present, or
The Southwest Asia theater of operations from August 2, 1990, to the present.
The VA has identified, a biological plausibility between airborne hazards, specifically particulate matter, and carcinogensis of the respiratory tract. The unique circumstances of these rare cancers warrant a presumption of service connection.
Veterans and survivors who had claims previously denied for any of the below respiratory cancers are encouraged to file a supplemental claim for benefits;
Squamous cell carcinoma of the larynx;
Squamous cell carcinoma of the trachea;
Adenocarcinoma of the trachea;
Salivary gland-type tumors of the trachea;
Adenosquamous carcinoma of the lung;
Large cell carcinoma of the lung;
Salivary gland-type tumors of the lung;
Sarcomatoid carcinoma of the lung and;
Typical and atypical carcinoid of the lung.

05/20/2022

UTSW genetic study confirms SARIN Nerve Gas as cause of Gulf War illness
Troops who had genes that help metabolize sarin were less likely to develop symptoms

[Military troops and helicopter]

DALLAS – May 11, 2022 – For three decades, scientists have debated the underlying cause of Gulf War illness (GWI), a collection of unexplained and chronic symptoms affecting veterans of the Persian Gulf War. Now researchers led by Robert Haley, M.D., Professor of Internal Medicine and Director of the Division of Epidemiology at UT Southwestern, have solved the mystery, showing through a detailed genetic study that the nerve gas sarin was largely responsible for the syndrome. The findings were published in Environmental Health Perspectives, a peer-reviewed journal supported by the National Institute of Environmental Health Sciences, with an accompanying editorial on the paper by leading environmental epidemiologists.
[Robert Haley, M.D.]
Robert Haley, M.D.

Dr. Haley’s research group not only discovered that veterans with exposure to sarin were more likely to develop GWI, but also found that the risk was modulated by a gene that normally allows some people’s bodies to better break down the nerve gas. Gulf War veterans with a weak variant of the gene who were exposed to sarin were more likely to develop symptoms of GWI than other exposed veterans who had the strong form of the gene.

“Quite simply, our findings prove that Gulf War illness was caused by sarin, which was released when we bombed Iraqi chemical weapons storage and production facilities,” said Dr. Haley, a medical epidemiologist who has been investigating GWI for 28 years. “There are still more than 100,000 Gulf War veterans who are not getting help for this illness and our hope is that these findings will accelerate the search for better treatment.”

In the years immediately following the Gulf War, more than a quarter of the U.S. and coalition veterans who served in the war began reporting a range of chronic symptoms, including fatigue, fever, night sweats, memory and concentration problems, difficulty finding words, diarrhea, sexual dysfunction, and chronic body pain. Since then, both academic researchers and those within the military and Department of Veterans Affairs have studied a list of possible causes of GWI, ranging from stress, vaccinations, and burning oil wells to exposure to pesticides, nerve gas, anti-nerve gas medication, and depleted uranium.

Over the years, these studies have identified statistical associations with several of these, but no cause has been widely accepted. Most recently, Dr. Haley and a colleague reported a large study testing veterans’ urine for depleted uranium that would still be present if it had caused GWI and found none.

“As far back as 1995, when we first defined Gulf War illness, the evidence was pointing toward nerve agent exposure, but it has taken many years to build an irrefutable case,” said Dr. Haley, who holds the U.S. Armed Forces Veterans Distinguished Chair for Medical Research, Honoring Robert Haley, M.D., and America’s Gulf War Veterans.

Sarin is a toxic man-made nerve agent, first developed as a pesticide, that has been used in chemical warfare; its production was banned in 1997. When people are exposed to either the liquid or gas form, sarin enters the body through the skin or breathing and attacks the nervous system. High-level sarin often results in death, but studies on survivors have revealed that lower-level sarin exposure can lead to long-term impairment of brain function. The U.S. military has confirmed that chemical agents, including sarin, were detected in Iraq during the Gulf War. In particular, satellite imagery documented a large debris cloud rising from an Iraqi chemical weapons storage site bombed by U.S. and coalition aircraft and transiting over U.S. ground troop positions where it set off thousands of nerve gas alarms and was confirmed to contain sarin.

Previous studies have found an association between Gulf War veterans who self-reported exposure to sarin and GWI symptoms. However, critics have raised questions of recall bias, including whether veterans with GWI are simply more likely to remember and report exposure due to their assumption that it may be linked to their illness. “What makes this new study a game-changer is that it links GWI with a very strong gene-environment interaction that cannot be explained away by errors in recalling the environmental exposure or other biases in the data,” Dr. Haley said.
[Robert Haley, M.D. (left) visits with two longtime GWI research supporters]
Dr. Robert Haley (left) visits with two longtime GWI research supporters, former Sen. Kay Bailey Hutchison and the late Ross Perot, at a campus event in 2006.

In the new paper, Dr. Haley and his colleagues studied 508 deployed veterans with GWI and 508 deployed veterans who did not develop any GWI symptoms, all randomly selected from more than 8,000 representative Gulf War-era veterans who completed the U.S. Military Health Survey. They not only gauged sarin exposure – by asking whether the veterans had heard chemical nerve gas alarms sound during their deployment – but also collected blood and DNA samples from each veteran.

The researchers tested the samples for variants of a gene called PON1. There are two versions of PON1: the Q variant generates a blood enzyme that efficiently breaks down sarin while the R variant helps the body break down other chemicals but is not efficient at destroying sarin. Everyone carries two copies of PON1, giving them either a QQ, RR or QR genotype.

For Gulf War veterans with the QQ genotype, hearing nerve agent alarms – a proxy for chemical exposure – raised their chance of developing GWI by 3.75 times. For those with the QR genotype, the alarms raised their chance of GWI by 4.43 times. And for those with two copies of the R gene, inefficient at breaking down sarin, the chance of GWI increased by 8.91 times. Those soldiers with both the RR genotype and low-level sarin exposure were over seven times more likely to get GWI due to the interaction per se, over and above the increase in risk from both risk factors acting alone. For genetic epidemiologists, this number leads to a high degree of confidence that sarin is a causative agent of GWI.

“Your risk is going up step by step depending on your genotype, because those genes are mediating how well your body inactivates sarin,” said Dr. Haley. “It doesn’t mean you can’t get Gulf War illness if you have the QQ genotype, because even the highest-level genetic protection can be overwhelmed by higher intensity exposure.”

This kind of strong gene-environment interaction is considered a gold standard for showing that an illness like GWI was caused by a particular environmental toxic exposure, he added. The research doesn’t rule out that other chemical exposures could be responsible for a small number of cases of Gulf War illness. However, Dr. Haley and his team carried out additional genetic analyses on the new data, testing other factors that could be related, and found no other contributing causes.
[Robert Haley, M.D., here reviewing brain scans]
Dr. Robert Haley, here reviewing brain scans of Gulf War veterans, has been studying the illness for 28 years.

“There’s no other risk factor coming anywhere close to having this level of causal evidence for Gulf War illness,” said Dr. Haley.

The team is continuing research on how GWI impacts the body, particularly the immune system, whether any of its effects are reversible, and whether there are biomarkers to detect prior sarin exposure or GWI.

Other UTSW researchers who contributed to this study include John Teiber, Gerald Kramer, and Junhui Xiao. The U.S. Military Health Survey was a collaborative effort of UTSW and a large survey research team at RTI International including Jill Dever, who also contributed to this paper. The study was funded by the U.S. Departments of Defense and Veterans Affairs. Opinions, interpretations, conclusions, and recommendations are those of the authors and are not necessarily endorsed by the U.S. Departments of Defense or Veterans Affairs.

About UT Southwestern Medical Center

UT Southwestern, one of the nation’s premier academic medical centers, integrates pioneering biomedical research with exceptional clinical care and education. The institution’s faculty has received six Nobel Prizes, and includes 26 members of the National Academy of Sciences, 17 members of the National Academy of Medicine, and 14 Howard Hughes Medical Institute Investigators. The full-time faculty of more than 2,900 is responsible for groundbreaking medical advances and is committed to translating science-driven research quickly to new clinical treatments. UT Southwestern physicians provide care in more than 80 specialties to more than 100,000 hospitalized patients, more than 360,000 emergency room cases, and oversee nearly 4 million outpatient visits a year.

04/28/2022

Veterans Affairs officials this week will add nine respiratory cancers to the list of illnesses presumed caused by burn pit exposure, easing the path veterans suffering from those conditions have to take to get disability benefits. The move follows promises by administration officials last fall to speed up care and benefits for veterans exposed to burn pit smoke in Iraq, Afghanistan and other overseas locations over the last 32 years.

In a statement, VA Secretary Denis McDonough called the move overdue. “Veterans who suffer from rare respiratory cancers associated with their service deserve the very best America has to offer, but they’ve had to wait for the care and benefits they deserve for far too long. That ends now. With these new presumptives, veterans who suffer from these rare respiratory cancers will finally get the world-class care and benefits they deserve, without having to prove causality between their service and their condition.”

The nine new conditions are:
1. Squamous cell carcinoma of the larynx;
2. Squamous cell carcinoma of the trachea;
3. Adenocarcinoma of the trachea;
4. Salivary gland-type tumors of the trachea;
5. Adenosquamous carcinoma of the lung;
6. Large cell carcinoma of the lung;
7. Salivary gland-type tumors of the lung;
8. Sarcomatoid carcinoma of the lung;
9. Typical and atypical carcinoid of the lung;.

The new policy applies to veterans who served in the Southwest Asia theater of operations beginning Aug. 2, 1990, to the present, or in Afghanistan, Uzbekistan, Syria or Djibouti beginning Sept. 19, 2001, to the present. That includes all veterans who served in the Gulf War, the Iraq War and the War in Afghanistan. When VA grants presumptive status for an illness, that skips the need for the veteran to prove a connection to their time in service (i.e. a nexus).

Last August, for the first time, the department approved presumptive status for veterans suffering from three illnesses — asthma, rhinitis and sinusitis — related to burn pit smoke overseas. As of last month, VA officials had processed about 16,500 new claims related to those burn pit injuries, totaling $36 million in retroactive benefits.

VA officials said the decision to add the nine new conditions came after researchers found “biological plausibility between airborne hazards and carcinogenesis of the respiratory tract” and that “the unique circumstances of these rare cancers warrant a presumption of service connection.”

“Supporting our veterans is a critical part of the Unity Agenda I proposed for our nation,” President Biden said in a statement. “No matter where we live or who we voted for in the last election, we all agree that we should serve our veterans as well as they have served us. The VA is expected to reach out to veterans who have filed burn pit claims in the past to inform them of the changes. You can get more information on the benefits at https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5786

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