RAO Bulletin

[boardman]

Page 2

FLORIDA VET BENEFITS UPDATE 03: Gov. Charlie Crist on 11 JUL paid tribute to the military services with the ceremonial signing of four new laws passed in the Florida 2007 legislative session. Tammy Wise-Thrash attended the ceremonial signing of the law named for her son, an Army specialist who was killed in Iraq in 2003. The Robert A. Wise Military Protection Act increases civil penalties for unauthorized use of photos or other images of military members on commercial products. After Wise was killed, his picture was used on anti-war T-shirts, without his family’s permission. Sen. Jeff Atwater, R-Palm Beach Gardens, said hucksters have peddled phone cards and other products with photos of service members, preying on the patriotism of potential purchasers. The bill provides fines up to $1,000 per item for products depicting service members without family authorization. Brandon Hensler, a spokesman for the American Civil Liberties Union of Florida, said there could be First Amendment problems if the law is selectively enforced. He said a person or family can protect names and images from commercial exploitation, but that use of news photos or other information “in the public domain” is protected in political demonstrations. Other new laws would:

- Extend need-based emergency financial assistance to service members and dependents for up to 120 days after members leave active duty, to help with housing and other living expenses as they return to civilian life.
- Provide a permanent hiring preference for veterans seeking jobs with state government. Previously, the veterans' preference could be used only once.
- Provide greater property tax relief for wounded veterans. Under the new law, a veteran with a combat-related disability would get a tax reduction in proportion to their disability classification. Rep. Stan Jordan, R-Jacksonville, said that under his bill, a veteran with a 75% disability would get a 75% cut in property taxes. The exemption applies only to veterans over age 65 who were Florida residents when they joined the service.
[Source: Pensacola News Journal ill Cotterell article 11 Jul 07 ++]


INDIANA VET INITIATIVES UPDATE 02: The Indiana Military Family Leave Act Public Law 151 is taking effect 1 JUL. The act will extend employment protections to Indiana resident family members in of military personnel. The law allows a relative of a military member called to active duty to take up to 10 days of unpaid leave per year from his job. The leave can be taken prior to deployment, during leave or after a tour of duty is completed. The law only applies to employers with 50 or more employees. Employees that are covered under the law must have worked for the business for 12 months, have worked at least 1,500 hours during the last year for the company and be a spouse, parent, grandparent or sibling of the military member, and must give their employers 30 days notice that they intend to take the leave.

A number of other measures that benefit past and present members of the Hoosier military will be enacted into law on 1 JUL that will:

- Give National Guard members priority placement in any employment or training program administered by the Indiana Department of Workforce Management.
- Enable all males aged 16-26 to register for the Selective Service at any branch of the Indiana Bureau of Motor Vehicles (BMV). Registering for the Selective Service entitles young men to various benefits, including access to student loans and eligibility for state or federal jobs. Indiana was one of only 12 states not equipped to handle Selective Service registration at the BMV. As a result, only 77% of qualified 18 year old men in Indiana are currently registered for the Selective Service. The BMV is required to have this system in place by January 2009.
- Extend the six year time frame that a National Guard member has to use their scholarship benefits if he or she is deployed into active duty.
- Establish employment qualifications for the Indiana Department of Veterans’ Affairs.
- Extend eligibility for resident tuition rates at a state college or university to all active duty soldiers stationed in Indiana and their dependents.
- Provide for honorary diplomas being awarded to Korea or Vietnam conflict veterans who were unable to complete their high-school education because of their involvement. the opportunity.
[Source: Indiana House Democratic Caucus 29 Jun 07 ++]


LCD SCREEN CLEANING: Last week I woke up from a nap to find my 3 year old grandson had found a Sharpie Permanent Marker pen on my desk and with it used my laptop LCD screen for a drawing board. I went to several places that sell computers and they could not tell me how to remove these black marks without damaging the screen. I subsequently mentioned the problem at the doctor’ office and the receptionist told me to try a Magic Eraser made by Mr. Clean and sold at WalMart. Following the instructions I wet a small part of the sponge like eraser and using single straight gentle stokes found to my surprise the black marks disappeared. I do not recommend this for general LCD cleaning for which there are many products available. I tried a couple of these more expensive products and they would not remove the marks. If you experience a particular difficult mark/stain to remove on your computer or TV LCD screen you might try a Magic Eraser. [Source: Editor, RAO Bulletin 10 July 07]


SILVER STAR: The Silver Star is the is the fourth highest military decoration that can be awarded to a member of any branch of the United States Armed Forces and the third highest award given for valor (in the face of the enemy). Well-known recipients include: Lt. Col. Oliver North, Generals George S. Patton and Douglas MacArthur, Senators John Kerry and John McCain. The Silver Star honors service personnel who display exceptional valor while engaged in military combat operations against an enemy force. Personnel can also be honored for their service with friendly foreign troops in combat situations, even if the opposing force is one that the U.S. is not engaged in military conflict with. It also can be awarded posthumously. In 1944, four nurses became the first female recipients of the Silver Star. 1st Lt. Mary Roberts, 2nd Lt. Elaine Roe, 2nd Lt. Virginia Rourke, and 2nd Lt. Ellen Ainsworth (posthumous) were cited for their bravery in successfully evacuating the 33rd Field Hospital at Anzio, Italy on 10 FEB. They remained the sole female recipients until Leigh Ann Hester was awarded the Silver Star in 2005. Acts of heroism that earn a Silver Star, though not deserving of a Distinguished Service Cross or a Medal of Honor, must have been “performed with marked distinction.”

The Silver Star was first awarded in 1932 to replace the Citation Star, which had been pinned on the ribbon of a service medal and given for gallantry from the Spanish-American War to World War I. The U.S. military then allowed World War I veterans to apply to have the Citation Star converted to the Silver Star. Despite its name, the medal is mostly gold. Gold rays emanate from a tiny silver star, encircled by a golden laurel wreath and then a larger gold star. The pendant hangs from a ribbon striped in red, white and blue. An inscription on the back reads "For gallantry in action." The Silver Star is awarded to a recipient in person, and usually with a ceremony. A commander-in-theater with at least the rank of three-star general must recognize the recipient for acts of valor. The next lower in precedence award is the Defense Superior Service Medal. Any false verbal, written or physical claim to the Silver Star, by an individual to whom it has not been awarded, is a federal felony offense punishable by up to a year in jail and up to a $10000 fine. [Source: About.com U.S. Military Rod Powers article Jul 07 ++]


OKINAWA AGENT ORANGE USE: According to a board ruling uncovered by Kyodo News the U.S. Board of Veterans’ Appeals found in 1998 that the hazardous chemical defoliant Agent Orange was most likely used in Okinawa, and ruled in favor of a former U.S. service member who sought compensation for prostate cancer he blamed on his work there in the early 1960s. The discovery comes as the Defense Department has still to confirm whether Agent Orange was stored or used in Okinawa during the Vietnam War that ended in 1975. In its ruling, issued on 13 JAN 98, the board concluded that “credible evidence sustains a reasonable probability that the veteran was exposed to dioxins while serving in Okinawa.” The board further said it was granting him service-connected disability compensation “for prostrate cancer as being the result of Agent Orange exposure” while in Okinawa between 1960 and 1961. It found entirely believable his testimony about the U.S. military’s mixing, storage and even use of Agent Orange in Okinawa at a time when Japan’s southernmost prefecture was still under the control of the United States, which used it as a strategic transport hub during the Vietnam War.

Agent Orange, a herbicide mixture containing the highly toxic substance dioxin, was sprayed by U.S. military aircraft over the southern portion of Vietnam from 1961 to 1971 to clear jungles and deny cover to communist fighters. It has since been blamed for numerous health problems, including various types of cancer and birth defects. The former service member, who worked as a motor transport operator on Okinawa Island but had never been to Vietnam, said in his testimony that while Agent Orange was mainly used to defoliate trees and shrubbery in lush war zones like Vietnam, “in Okinawa, we had other uses for it, particularly near base camp perimeters.” He said herbicides thought to include Agent Orange were sprayed from trucks or backpacks along roadsides, used for landscaping and also taken to the densely forested northern part of Okinawa Island to clear foliage to facilitate war game maneuvers there. Subtropical Okinawa’s heavy rainfall, he said, created a demand for non-water-soluble defoliants such as Agent Orange that would not just wash away with the next rain. He testified that personnel were not told or warned about the hazards of the herbicides that they were handling, nor were they issued any protective clothing”.

As recently as NOV 04, DoD stated that it has been unable to find any records of Agent Orange being used or stored on Okinawa Island during the Vietnam War era. The statement came in response to queries made in JUL 04 by then U.S. Rep. Lane Evans, a ranking Democrat on the House of Representatives Committee on Veterans’ Affairs, who wrote to then Defense Secretary Donald Rumsfeld requesting any information on the use or storage of Agent Orange on Okinawa. That was replied to by Gen. Richard Myers, then chairman of the Joint Chiefs of Staff, who told Evans in NOV 04 that “records contain no information linking use or storage of Agent Orange or other herbicides in Okinawa.” Myers further said there was “no record of any spills, accidental or otherwise, of Agent Orange. Therefore, there are no recorded occupational exposures of service members in Okinawa to Agent Orange or similar herbicides.” The Board of Veterans’ Appeals ruling said that while the U.S military had been “generally unable to document the use of herbicides in Okinawa,” experts who attempted to verify specific dioxin exposure there “do not negate that possibility.”

Hundreds more former U.S. service members who were stationed in Okinawa during the Vietnam War have lodged medical compensation claims with the U.S. Department of Veterans Affairs, citing Agent Orange exposure, according to information viewable online in the archives of the Board of Veterans’ Appeals. But most cases have either been denied or sent for review on the grounds of insufficient evidence linking their illnesses to Agent Orange exposure. The various documents surface at a time when Washington and Tokyo are realigning the U.S. military presence in Japan following years of protests from Okinawans who have long complained about crime, noise and crowding associated with U.S. bases on the island since the end of World War II in 1945. U.S. bases occupy about 20 percent of Okinawa’s land area and have also been viewed as being a large part of the island’s environmental problems. Under the realignment, about 4,000 hectares of the 7,800-hectare U.S. jungle warfare training area in northern Okinawa, mentioned as a place where Agent Orange was sprayed, are due to be handed back to Japan. Kunitoshi Sakurai, president of Okinawa University who specializes in environmental engineering, expressed concern over the possibility of residual dioxin there, pointing out that the northern area is the source of most of Okinawa’s water supply. [Source: Marine Corp Times 9 Jul 07 ++]


IDENTITY THEFT UPDATE 08: Are you as safe as you think you are? Take the identity fraud safety test at www.idsafety.net. In 2006 identity theft affected 8.4 million Americans, resulted in $49.3 billion in losses, and cost victims an average of $587 in out-of-pocket costs plus 40 hours of their time to resolve. Of identified thieves 53% were known by their victims. Obtaining your personal information without your permission is considered identity theft. Use of that data to commit fraud or theft is considered identity fraud. Months or years and thousands of dollars are spent each year cleaning up the mess the thieves have made of good names and credit records. Identity theft results in lose of job opportunities, loans for education and weddings, housing, cars, or even arrests for crimes people didn’t commit. Despite the best efforts of many victims, skilled identity thieves gain access to their data through:
- Stolen wallets and purses.
- Stealing your mail or diverting your mail to another location.
- Rummaging through your trash, or the trash of businesses, for personal data in a practice known as “dumpster diving.”
- Fraudulently obtaining your credit report.
- Obtaining information from the businesses in a practice known as “business record theft” (customer, employee, patient or student; bribing an employee who has access to your files; or “hacking” into electronic files).

ATM use can expose users to a practice known as skimming through equipage designed to obtain your card information. Equipage typically used is:
• False fronts on terminals with built in magnetic stripe readers.
• Hidden cameras to capture you entering your PIN with the information being transmitted to a nearby crook. Recent cases have Bluetooth transmission to a remote receiver
• Sniffing devices installed in ATMs that can capture the credit or debit card PIN and magnetic stripe information before encryption. These devices are small enough to fit in the palm of your hand and can capture over 2500 credit card account numbers, expiration dates and CVV codes. The units which cost about $500 can operate continuously for 40 hours on a single 3V battery (6000 swipes) and are designed to erase all info with the press of a button by the user to avoid prosecution. .

Phishing is another instrument of identity theft. They scam you, often through email, by posing as legitimate companies or government agencies you do business with. Last year 73 million adult email users reported receiving more than 50 phishing emails during the year. Of these, 11 million reported clicking on the links provided in the messages and 2.42 million reported losing money because of phishing attacks ($929 million). Pay Pal and E bay are the top spoofed sites. Citibank is the primary bank target for phishing scams. The following guidance can be used to determine if a message is a phishing action:
1.) Does the email ask you to go to a website and verify personal information? Banks won’t ask you to verify your personal information in response to an email.
2.) What is the tone of the mail? Most phish emails convey a sense of urgency by threatening discontinued service or information loss if you don’t take immediate action.
3.) What is the quality of the email? Many phish emails have misspellings, bad grammar, or poor punctuation.
4.) Are the links in the email valid? Deceptive links in phishing emails look like they are to a valid site, but deliver you to a fraudulent one. Many times you can see if the link is legitimate by just moving your mouse over the link.
5.) Is the email personalized with your name and applicable account information? Many phish emails use generic salutations and generic information (e.g. Dear Customer or Dear Account Holder) instead of your name.
6.) What is the sender’s email address? Many phish emails come from an email address not from the company represented in the email.
7.) When in doubt type the valid web address of the alleged sender directly into your web browser. If you suspect an email to be phishing, don’t click on any links in the email. .

With Your Personal Information, Identity Thieves can Counterfeit checks or credit/debit cards on open accounts, Change the mailing address on your accounts, Open a new credit card, checking or wireless account, file for bankruptcy under your name, buy cars by taking out auto loans in your name, use your identity during an arrest, etc. Risk cannot be eliminated but it can be minimized by:
- Placing passwords on your credit card, bank and phone accounts.
- Using a Firewall and Virus Protection and Anti-Spyware Software.
- Securing personal information in your home.
- Asking about information security procedures in your workplace.
- Routinely ordering a copy of your credit report from each of the three major credit bureaus. This can be done by phone at 1-877-322-8228 or online at www.annualcreditreport.com.
- Knowing when your bills should arrive and following up if they do not.
- Not giving out personal information on the phone, mail or over the Internet.
- Guarding your mail and trash from theft.
- Carrying only the identification information and credit and debit cards that you’ll actually need.
- Giving your SSN only when absolutely necessary.
- Being wary of promotional scams and keeping your purse or wallet in a safe place at work.

If you are a victim you can receive free and confidential assistance from trained counselors at 1-866-ID-HOTLINE. Your first 5 steps should be:
1.) Notify Credit Bureaus and review your credit reports.
2.) File a report with your local police or the police in the community where the identity theft took place.
3.) Contact the Fraud Department of Creditors.
4.) File a complaint with the FTC.
5.) Close any accounts that have been tampered with or opened fraudulently.
[Source: NCMA World Congress Briefing 22 Apr 07 ++]


TSGLI UPDATE 01: Service members who have suffered serious injuries resulting from their wartime service are reminded they can get financial help thanks to two congressionally legislated programs. Congress established the Traumatic Servicemembers Group Life Insurance (TSGLI) program in 2005 in response to the experiences of some former and current military members who found themselves financially strapped after they suffered severe injuries during the war on terrorism. Coverage applies to active-component and reserve-component members. This program provides up to $100,000 per event, depending on [the type of] injury. All service members covered under the Servicemembers Group Life Insurance program, whether active duty, reserve or National Guard, were enrolled for TSGLI coverage on 1 DEC 05. To date, the Army has paid out a total of more than $126 million under TSGLI, The TSGLI benefit has both retroactive and prospective aspects. The benefit is provided retroactively for service members who suffered severe combat-zone-related injuries between 7 OCT 01, and 1 DEC 05. The prospective aspect applies to service members with injuries received “any time, anywhere” from Dec. 1, 2005, forward. [Source: TSGLI Army Human Resources Command Chief Col. John Sackett 6 Jul 07 ++]


CBO MILITARY COMPENSATION REPORT UPDATE 01: The House and Senate Armed Services Committees have both endorsed a small improvement over the Pentagon proposed 3% military pay raise for 2008. Both agreed with The Military Coalition (TMC) that Congress hasn't yet eliminated the pay gap caused by decades of capping military raises below private sector pay growth, and bumped the 2008 raise to 3.5%. The House of Representatives went a step further, approving a plan to reduce the current 3.9% shortfall by one-half percentage point a year for the next five years. The Congressional Budget Office (CBO) reported to the Senate Budget Committee on 29 JUN that the full compensation package for active-duty enlisted personnel increased by 21% between 2000 and 2006 and that the military-civilian pay gap is dwindling. This conclusion may be used by DoD to argue for increases in TRICARE costs, etc. The report also addressed the possibility of substituting cash for non-cash benefits like tax-free grocery allowances (while consolidating commissaries and exchanges), giving a tuition grant of $8,600 a year per student (while closing domestic schools) and “cafeteria style” health plans for active duty members’ dependents.
The CBO report questions whether there's any shortfall to fix. They say their pay comparisons put the average enlisted member in the top 25-30% of equivalent civilian workers' earnings. CBO also cites various studies that claim average enlisted pay actually amounts to $90,000 to $138,000 a year, once the cost of all military and veterans' benefits is added in. MOAA contends it is not unreasonable to compare military people's earnings with their private sector counterparts’, but hanging your hat on some arbitrary percentile leaves you at the mercy of whatever assumptions the budget analysts choose to make. Unknown is whether or not CBO comparisons take into account:
- The fact that large numbers of civilians can't meet mental or moral or other standards for military entrance?
- The military's up-or-out system that winnows out the less capable performers over the span of a two or three decade career?
- Comparison of military people to their true equivalents - people who spend their entire careers with a single company - or does it include the income-depressing effects of layoffs and other career interruptions among private sector workers?

If comparisons are going to be made by CBO they should use the transparency, clarity, and independence provided by the same measure of private sector pay growth that the government sees fit to use for every other purpose - the Employment Cost Index (ECI) measured by the Bureau of Labor Statistics. MOAA tracked military pay basic pay raises vs. ECI growth year-by-year since 1982, when military pay was last generally recognized as "reasonably comparable" with the private sector. And by that objective measure - even giving credit for extra raises "targeted" at specific grade and years-of-service combinations - cumulative military raises still lag cumulative ECI growth by 3.9%. As for trying to claim military pay comparisons should include the cost to the government of every military benefit, that's pure hogwash. The budgeters like to:
- Add up every nickel of the cost of military and VA health care and disability compensation, while completely ignoring the cost of those disabilities to wounded servicemembers and their families.
- Add up the cost of every PCS move, and refuse to recognize that those reimbursements only cover about 70% of the costs members incur in complying with government-ordered moves.
- Add up the cost of child care facilities and omit any reference to the overtime and deployment requirements that forced the troops to use that care.

Military retirement, health, disability, and other benefits have nothing whatsoever to do with pay comparability. They're essential offsets to all of the unquantifiable but extraordinarily arduous demands and sacrifices inherent in a multi-decade service career. They ought to be pretty clear to anyone who reads the front page of the morning paper or the lead story on the evening news. At least most members of 110th Congress seem to get it, even if the budget analysts don't. [Source: MOAA Leg Up 6 Jul 07 ++]


CONCURRENT RECEIPT STATUS: Last month, the Army recognized its 100,000th Combat-Related Special Compensation (CRSC) applicant at an Army Personnel Command ceremony in Alexandria, VA. The CRSC program, initiated in 2003, has grown substantially over the past four years and effectively eliminates the offset for qualifying members with combat or operations-related disabilities. Members with 50% or greater non-combat disabilities are in the fourth year of a 10-year phase-in of Concurrent Retirement and Disability Pay (CRDP). Today, a little over 30% of all disabled retirees are eligible for payment under either the CRSC or CRDP programs. As of the end of FY2006 54,000 retirees were in receipt of some amount of CRSC and 199,000 were in receipt of some amount of CRDP. Disabled vets not yet eligible for concurrent receipt total 432k retirees (20+ years) with VA rating 10-40% and 138k Chapter 61 retirees less than 20 years. Both the House and Senate versions of the FY2008 Defense Authorization Bill contain provisions that would extend eligibility to some (House) or all (Senate) Chapter 61 retirees with less than 20 years of service who endured combat-related injuries. [Source: MOAA Leg Up 6 Jul 07 ++]


SSA RETIREMENT APPLICATION: In a few short months, the first of America's 77 million baby boomers will start applying for Social Security retirement benefits. That's about 10,000 boomers every day. If you're one of them, think about applying online. It's quick, easy and secure. Just visit www.socialsecurity.gov/applytoretire. Here you can:
- Apply for Retirement/Disability/Spouse’s Benefits
- Restart your incomplete application.
- Check your claim status.

You cannot use this Internet application to:
- Apply for Supplemental Security Income (SSI) benefits. However, you can begin the process of applying for SSI disability benefits for an adult or child by completing an online disability report at www.socialsecurity.gov/applyfordisability/
- Apply for benefits for children.
- Apply for benefits as a surviving spouse.
- Apply for the Lump Sum Death Payment.
- Apply for Medicare coverage only (e.g., you are working and do not intend to file for monthly retirement or spouse's benefits at this time).

For these non-Internet actions call 1(800) 772-1213 M-F 07-1900. If you are deaf or hard of hearing call the TTY number 1(800) 325-0778. If you have previously filed for Social Security disability and have been denied those benefits within the last 60 days, do not use the Internet application to file an appeal. If you are not sure whether you are still within your appeal period, call the 800 number for assistance before proceeding with your Internet application. If you want to use your local SSA office to apply at you can choose to have a representative help you when you do business with Social Security. SSA will work with your representative, just as they would work with you. If you are acting as someone's authorized representative to do business with the Social Security Administration, you must first complete Form SSA-1696-U4 (Appointment of Representative). This can be downloaded at www.socialsecurity.gov/online/ssa-1696.html. To review a comprehensive explanation of the 'Representative' process, refer to www.socialsecurity.gov/representation. [Source: NAUS Weekly Update 6 Jul 07 ++]


VA 2007 SURVEY: The VA has asked VSOs and MSOs to pass the word that the VHA’s Office of the Assistant Deputy Under Secretary for Health (ADUSH) for Policy and Planning will soon be conducting the 2007 update of their national VHA Survey of Enrollees. The purpose of the survey is to provide information for its annual projections of enrollment, utilization, and expenditures. The 15-30 minute telephone survey provides information on veteran use of health services and is used in projecting the resources and services needed in developing the healthcare budget. The survey collects information on a random sample of 42,000 veterans enrolled in the VA system. Each Veterans Integrated Service Network (VISN) will have approximately 2,000 enrollees surveyed. The survey will begin on 8 JUL and will continue for 8 weeks. Your support in this survey will help ensure that VA provides its best care, where it is needed, when it is needed, and to those who need it. This is NOT a fishing expedition to get information on specific veterans. Your participation will benefit ALL veterans. If there is a need to discuss the survey or there are any questions, contact Anita Taylor or Crystal Elliott at 1(866) 922-7173. Previous survey reports are available at http://www.va.gov/vhareorg. [Source: NAUS Weekly Update 6 Jul 07 ++]


NAVY BODY MODIFICATION POLICY: The Navy Uniform Matters Office has clarified what is acceptable for servicemembers regarding body modification. According to the Navy Uniform Regulations, any mutilation of the body is prohibited. The Navy Uniform Regulations Manual gives several examples of mutilation: (1) forking the tongue; (2) enlarged or stretched holes in the ears; (3) foreign objects under the skin that create a design or pattern; (4) intentional scarring; (5) intentional burns; and (6) dental ornamentation. Body piercings are prohibited while in uniform, working in any Navy-related capacity or while on any military property. Women, however, are allowed to wear one ball-studded earring in each ear. [Source: NAUS Weekly Update 6 Jul 07 ++]


TRICARE MEMBER CHOICE CENTER: Express Scripts Inc., the company that runs the Tricare Mail Order Pharmacy (TMOP), is implementing a new program for Tricare beneficiaries. Effective 29 AUG the new program will give Tricare beneficiaries access to a Member Choice Center (MCC), where live customer service representatives will assist in making the registration process easier. This new program will also reach out to physicians to make them aware that prescriptions can be filled through mail order. Tricare Management Authority will advertise the program to beneficiaries through various communication materials to include newsletters, websites, and military base publications. This communication effort will begin in late August and will run through the year and into early 2008. [Source: NAUS Weekly Update 6 Jul 07 ++]


CELL PHONE PAYMENT SUSPENSION: The Senate Veterans’ Affairs Committee has approved The Veterans’ Benefits Enhancement Act of 2007 (S.1315), which includes a provision to suspend or terminate cell phone call-plan payments without penalty for deployed service members. They must be deployed overseas for 90 days or longer to be eligible. The provision is needed, says chief sponsor, Sen. Russell Feingold (D-WI) because deploying service members often have long-term contracts that are expensive to cancel. In addition to individual plans, the measure also would apply to group and family plans. It would not affect transfers within the United States. The bill will now go to the floor for a vote.
[Source: Armed Forces News 6 Jul 07 ++]


VET BENEFITS NEW YORK: The New York Legislature recently passed several measures to provide assistance to veterans and their families, according to Assemblywoman Donna Lupardo, D-Endwell, chair of the Assembly Subcommittee on Women Veterans:

* New York Military Family Relief Fund: Provides grants of up to $2,000 annually to members of the National Guard and their families if their military pay is 30% less than their civilian pay. Also provides monetary grants for those who sustained injury or died.
* Veterans' Geriatric Mental Health Act: Creates a demonstration program for older veterans and provides grants to mental health service providers. Also, establishes an interagency mental health planning council.
* Veteran Burial Fund: Provides grants to honorably discharged New York veterans who would like to be buried or interned in their own communities, rather than in a veterans' cemetery.
* Gold Star Parents Annuity: Awards a $500 annual annuity to gold star parents of deceased veterans.
* Eligibility for Veterans Homes: expands the eligibility for admission for veterans' spouses to conform to federal requirements that the marriage must have lasted for one year, rather than 10 years, prior to the spouse's application for admission.

The legislation awaits approval by Governor Eliot Spitzer. For additional info on New York state’s veteran benefits refer to http://www.veterans.state.ny.us/benefits.htm. To locate a New York VA office in your area refer to http://www.veterans.state.ny.us/ofcs.htm. [Source: Press & Sun Bulletin article 2 Jul 07 ++]


FUNERAL HONORS UPDATE 02: Every veteran is entitled under federal law to be laid to rest to the iconic strains of taps. But the number of military buglers is dwindling at the same time burials are increasing, forcing national veteran cemeteries, and organizations working with them, to come up with creative alternatives. South Florida is one of the busiest veterans cemeteries among 125 nationwide, averaging 73 burials weekly since it opened 1 APR. Only four buglers are officially on call there, and three of them also travel and perform with Florida's Army Band. Buglers, a generic term that encompasses musicians who play several types of horns including trumpets and cornets, once were a fixture in military life. But they have become more scarce as their routine duties were eliminated, so cemetery officials have lined up other options. The South Florida cemetery honor guards are equipped with a "ceremonial bugle". This is a $500 nickel-plated faux horn sold by a New York company that plays taps through a tape recorder hidden inside. It was developed in response to the bugler shortage and was considered a more respectful alternative to punching the button of a boom box. The military has purchased more than 3,500 horns since 2002. The committal shelter at South Florida, where services are held, also has a tape recorder loaded with taps that is discreetly lodged in the rafters and can be activated by remote control.

To fill the bugle gap civilians are stepping forward. Christina Encinosa, an Episcopal priest at the Church of the Holy Redeemer in Lake Worth, is part of an organization called Bugles Across America (BAA). Founded seven years ago by Tom Day, a Chicagoan who taught Army ROTC high school classes and has been involved in military drum and bugler corps since childhood, the organization has 5,200 volunteer horn players nationwide, with 256 in Florida, willing to play gratis at local military funerals. For additionl info on BAA and to request their services refer to http://www.buglesacrossamerica.org/volunteer.php. Few honor guard buglers play an actual field bugle, an instrument with no valves, but military regulations aren't specific. Day has heard taps played on a French horn.

Buglers once were part of all Army units, a job that included clerical duties as well as sounding calls that signaled wake-up time, flag raisings and lowerings, assemblies and the end of the day. But bugler positions were eliminated sometime between 1944 and 1950, according to the U.S. Army Center of Military History in Washington, D.C. Bugle calls still regulate military life but now, at most bases, they are taped and played over a speaker system. The Department of Defense estimates there about 500 buglers in the armed forces today, with most performing in honor details when possible. They are stretched thin, as the ranks of World War II soldiers and sailors, who once numbered 16 million, die at the rate of about 1,200 a day. There were 96,797 deceased interred in national veterans’ cemeteries last year, according to the federal Department of Veterans Affairs. This is the most on record since the VA took over the cemetery administration 34 years ago. [Source: South Florida Sun-Sentinel Diane Lade article 3 JUL 07 ++]


PSORIASIS: Psoriasis is a common and chronic condition that usually causes patches of itchy, scaly and sometimes inflamed skin. Although they can appear anywhere, these patches -- called plaques -- are most likely to crop up on your knees, elbows, hands, feet, scalp, or back. According to the American Academy of Dermatology (AAD), the fingernails and toenails are also affected in about 50% of cases of active psoriasis. The symptoms of psoriasis can vary a great deal depending on its severity, ranging from mildly annoying to truly debilitating. While the itchiness and pain can be unpleasant, some of the worst effects of psoriasis can be emotional. People with severe psoriasis sometimes are so overwhelmed by their condition and self-conscious of their appearance that they feel isolated and depressed. AAD estimates up to seven million people in the U.S. have psoriasis. That's about 2.6% of the population. Unfortunately, there isn't a cure. But there are many effective treatments that can help keep psoriasis under control.

Psoriasis normally is the result of cell turnover. Normally, skin cells are constantly being formed deep beneath the surface of your skin. Over about a month, these cells are pushed up to the surface. The cells eventually die and flake off, revealing new skin cells. In people with psoriasis, the skin cells grow too quickly. Cell turnover can happen in a matter of days. Layers of skin build up, forming a whitish, flaky crust. Blood vessels increase flow in an attempt to nourish this skin, which leads to redness and swelling. The classic symptoms of psoriasis are reddened, inflamed skin with a whitish, flaky layer of dead cells on top. Although psoriasis usually appears as a skin condition, recent discoveries show that its real cause is a problem with the immune system. Your body naturally fights infections and heals injuries with blood cells that battle viruses or bacteria. Normally, these cells go to the site of infection or injury to help repair wounds and prevent infection. One byproduct of this normal process is inflammation (redness and swelling).

For reasons that doctors don't yet understand, the immune systems of people with psoriasis malfunction. One type of white blood cell - the B-cell - begins creating antibodies that destroy normal skin cells. Another type of white blood cell - the T-cell - begins overproducing a substance called cytokines. This overproduction turns off a signal that controls the growth of skin cells. Thus, psoriasis is considered an autoimmune disease - your own immune system malfunctions and attacks normal body tissues. Other autoimmune diseases include lupus and rheumatoid arthritis. Psoriasis of the skin or nails may look like a rash or fungus, but you cannot catch psoriasis from another person, give it to anyone else, or spread it from one part of your body to another by touch. Experts now know that if psoriasis runs in your family, your chances of developing it are higher. There are several different types of psoriasis. About 90% of all cases of psoriasis are plaque psoriasis, but other varieties include:

- Guttate psoriasis. This form of psoriasis usually affects children, teenagers, and young adults. It often appears after a bacterial infection, such as strep throat. Its typical symptoms are red, scaly, raindrop-shaped spots on the skin, usually over the abdomen, arms, legs and scalp. It can often clear up on its own without treatment.
- Pustular psoriasis. The typical symptoms of pustular psoriasis are pus-filled blisters on the skin. The blisters usually dry up, turn brown, become scaly and peel off. The lesions usually occur on the hands and feet.
- Erythrodermic psoriasis. Symptoms include red and scaly skin over large areas of the body. This condition can evolve from other forms of psoriasis or be triggered by psoriasis treatment. It can also be triggered by withdrawal from drugs such as corticosteroids (often taken for diseases such as asthma).
- Inverse psoriasis. In people with this condition, dry and bright red patches appear in folds of skin, for instance under the breasts, in the armpits, or on the genitals. This type of psoriasis can be exacerbated by obesity.

Psoriasis doesn't have any set way of progressing. It develops differently depending on the person. Some people may only have occasional and minor symptoms for their entire lives. Others may have to cope with severe symptoms on a regular basis. In most people, the symptoms come and go. Flare-ups might be brought on by some of the conditions mentioned above, such as dry weather or stress. Untreated, extremely severe psoriasis can be dangerous. Although it happens very rarely, if lesions cover enough of the body, the immune system can become overwhelmed. This increases your risk of developing serious bacterial infections. Be sure to see your doctor immediately if your psoriasis spreads to cover large parts of your body or if you show signs of infection, such as fever. Coping with psoriasis can be exhausting and frustrating. It's important to try to stay emotionally and physically healthy during treatment. [Source: WebMD article 26 May 07 ++]


TRAVEL IMMUNIZATIONS: Travel immunizations and vaccines can ensure better health on your trip and for years afterward. Even domestic travel may put you at risk if you go to an area with a high rate of certain infectious disease such as hepatitis A. Diseases that are rare in this country are still prevalent elsewhere. Check with your health care provider well in advance of any extended travel plans to see if any special immunizations are recommended. If vaccines are required, they can take as many as four to six weeks to take effect, and some may require more than one shot. The Centers for Disease Control and Prevention (CDC) divides vaccines for travel into three categories:
- Routine. These are the vaccines that the CDC and The Advisory Committee on Immunization Practices (AICP) recommend that all adults and children receive to protect them from infectious diseases here at home. You can check the schedule for yourself and your family by looking at the most recently updated schedules available at: www.cdc.gov/nip/recs/adult-schedule.pdf ; www.cdc.gov/nip/recs/child-schedule-bw-print.pdf ; and www.cdc.gov/nip/recs/child-schedule.htm#chgs .
- Recommended. These are vaccines that the CDC recommends to protect you from diseases that could be present in other countries and to prevent the spread of infectious disease from one country to another. The recommended immunizations and vaccines vary based on the country, your travel plans once in that country, and your age and overall health. You can find a world map with recommended immunizations at www.cdc.gov/travel/vaccinat.htm.
- Required. International Health Regulations currently require only two vaccines for travel to specific parts of the world. They are Yellow fever for travel to certain parts of sub-Saharan Africa and South America & Meningococcal vaccination required by the government of Saudi Arabia for annual travel during the period of the Hajj

The CDC generally recognizes that if you are traveling to most industrialized nations, such as Canada, Japan, Australia, New Zealand, and Europe, your risk of exposure to infectious disease is no greater than it is here in the U.S. However, for those with certain health conditions, such as individuals with compromised immune systems, the risk can be greater no matter where you travel. If you know that you have an immuno-deficient condition, including HIV/AIDS, discuss your travel plans with your health care provider. More information about travel vaccines and compromised immunity can be found at www2.ncid.cdc.gov/travel/yb/utils/ybGet.asp?section=special&obj=hivtrav.htm.
Women who are pregnant or breastfeeding also have specific concerns and different recommendations when it comes to international travel and immunizations. Pregnant women or breastfeeding moms can find more information at www2.ncid.cdc.gov/travel/yb/utils/ybGet.asp?section=special&obj=pregnant.htm. Or check with your own doctor four to six weeks prior to traveling. And finally, what you do when you travel can increase your risk. The following activities can increase your exposure to disease and local infectious organisms: Visiting rural areas, zoos, farms, and other animal habitats; Hiking and backpacking; Staying with local persons; Extended length of stay. [Source: WebMD Medical Reference & CDC 30 Mar 07 ++]


SSA FUTURE BENEFIT ESTIMATE: Whether you plan to retire in 5 years or 25, it's good to know what you can expect to receive in Social Security benefits. You've probably heard that Social Security is in financial trouble, and the 2006 Social Security Trustees Report says that the Social Security Trust Fund has declined from 2005. SSA provides three different types of easy-to-use earnings calculators at www.ssa.gov/planners/calculators.htm that will provide information based on present projections which assume the program will remain viable. They can show you the amount of Social Security benefits you can expect to receive based on your estimated income and the number of years you plan to work. The calculators will also show your disability and survivor benefit amounts if you should become disabled or die. When using the calculators you should be aware that:

• None of these calculators are linked to your Social Security earnings record. They use the earnings amounts you enter.
• All the calculators assume you have enough credits to qualify for benefits. They produce an estimate even if you do not actually have enough credits. Information on credit requirements can be found at www.ssa.gov/retire2/credits.htm.
• Calculator estimates will differ from those on your Social Security Statement if you use different assumptions. For example, if you had earnings last year, your Social Security Statement benefit estimate assumes you will have similar earnings for every future year until you turn 62. However, if in using the calculator you indicate you will stop working before the year you turn 62, the calculator estimates will not include earnings for the years after you stop working.

This website is also a good place to look for answers to questions about your annual Social Security statement, and to correct name or address changes, or incorrect information about your annual earnings. If you need a benefit estimate on someone else's record, such as your spouse or parent contact your nearest social security office or call 1(800) 772-1213. If you are deaf or hard of hearing, use 1-800-325-0778 .If you are over age 25 and pay Social Security taxes on your income, you should receive a statement from the Social Security office every year about three months before your birthday. This statement includes:
- The adjusted gross income for every year you worked, and
- The current estimated amount of Social Security benefits you will receive when you retire at three different age levels, starting at age 62.
The longer you continue to work and pay into the Social Security system the more you can expect to receive in benefits once you retire. Of course, this assumes that Social Security will continue to pay benefits at current levels. [Source: www.ssa.gov/planners/calculators.htm Jun 06]


VIETNAM WAR FACTS:
-- 9,087,000 military personnel served on active duty during the official Vietnam era from 5 AUG 64 to 7 MAY 75.
-- 2,709,918 Americans served in uniform in Vietnam which represented 9.7% of their generation.
-- 240 men were awarded the Medal of Honor during the Vietnam War
--58,148 were killed in Vietnam. The first man to die was James Davis, in 1958. He was with the 509th Radio Research Station. Davis Station in Saigon was named for him.
-- 75,000 were severely disabled of which 23,214 100% were disabled
-- 5,283 lost limbs & 1,081 sustained multiple amputations
-- Average age of men killed: 23.1 years. Of those killed, 61% were younger than 21, 11,465 of those were younger than 20 years old, and 17,539 were married
-- Five men killed in Vietnam were only 16 years old. The oldest man killed was 62 years old.
-- As of 15 JAN 04, there are 1,875 Americans still unaccounted for from the Vietnam War
-- 97% of Vietnam Veterans were honorably discharged
-- 91% of Vietnam Veterans say they are glad they served
-- 74% say they would serve again, even knowing the outcome
-- Vietnam veterans have a lower unemployment rate than the same non-vet age groups.
-- Vietnam veterans’ personal income exceeds that of our non-veteran age group by more than 18%.
-- 87% of Americans hold Vietnam Veterans in high esteem.
-- There is no difference in drug usage between Vietnam Veterans and non-Vietnam Veterans of the same age group (Source: Veterans Administration Study)
-- Vietnam Veterans are less likely to be in prison. Only one-half of one percent of Vietnam Veterans have been jailed for crimes.
-- 85% of Vietnam Veterans made successful transitions to civilian life.
[Source: NM e-Veterans News 9 Jan 06 - Research accredited to Capt. Marshal Hanson, USNR (Ret.) & Statistical Source Capt. Scott Beaton]


VETERAN LEGISLATION STATUS 30 JUN 07: For a listing of Congressional bills of interest to the veteran community that have been introduced in the 110th Congress refer to the Bulletin attachment. By clicking on the bill number indicated you can access the actual legislative language of the bill and see if your representative has signed on as a cosponsor. Support of these bills through cosponsorship by other legislators is critical if they are ever going to move through the legislative process for a floor vote to become law. A good indication on that likelihood is the number of cosponsors who have signed onto the bill. A cosponsor is a member of Congress who has joined one or more other members in his/her chamber (i.e. House or Senate) to sponsor a bill or amendment. The member who introduces the bill is considered the sponsor. Members subsequently signing on are called cosponsors. Any number of members may cosponsor a bill in the House or Senate. At http://thomas.loc.gov you can also review a copy of each bill, determine its current status, the committee it has been assigned to, and if your legislator is a sponsor or cosponsor of it. To determine what bills, amendments your representative has sponsored, cosponsored, or dropped sponsorship on refer to http://thomas.loc.gov/bss/d110/sponlst.html. The key to increasing cosponsorship on veteran related bills is letting our representatives know of veteran’s feelings on issues. At the end of some listed bills is a web link that can be used to do that. Otherwise, you can locate on http://thomas.loc.gov who your representative is and his/her phone number, mailing address, or email/website to communicate with a message or letter of your own making. [Source: RAO Bulletin Attachment 30 Jun 07 ++]

Lt. James "EMO" Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA Baguio City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (760) 839-9003 when in U.S. & Cell: 0915-361-3503 when in Philippines.
Email: raoemo@sbcglobal.net (Primary) & raoemo@mozcom.com (Alternate)
Web: http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member

[boardman]

RAO Bulletin Update 1 August 2007


THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:

-- NDAA 2008 [06] ................................. (In Limbo)
-- VA Suicide Call Center [01] .................. (Help a Call Away)
-- Vet Cemetery Alabama ............................. (Land Purchased)
-- VA Data Breach [36] ................... (53 Computers Lost)
-- Medicare Hospice Care .............................. (How it Works)
-- Veteran Federal Employment [04] ......... (RC Vet Preference)
-- Wounded Warrior Assistance [03] …..... (Senate Passes Bill)
-- Mobilized Reserve 25 July 07 ................ (Net Increase 3640)
-- WRAMC [11] .............................. (President’s Panel Report)
-- Military Spouse Friendly Workplaces …..... (USAA Tops List)
-- VA Health Care Funding [10] ...........................(No Cure-all)
-- Medicine Bought Online .......................... (What to Look For)
-- Camp Lejeune Toxic Exposure ……....... (Notification Policy)
-- VA Claim Backlog [09] ....... (H.R.3047 Automation Mandate)
-- VA Claim Backlog [10] .......... (Trial Approach Endorsement)
-- VA Lawsuit [Religious Discrimination] ..... (VA Denies Guilt)
-- VA Lawsuit [Lack of Care] ................... (Health Care Delays)
-- VA Lawsuit [Wrongful Death] ................. (Vet Turned Away)
-- West Virginia Veterans Homes [01] ...................... (Opening)
-- Prosthetic Limbs ...................... (Medical Innovations)
-- Florida Veterans Homes [02] .................... (Ongoing Dispute)
-- Veterans Benefits Act 2007 ……....... (S. 1326 Improvements)
-- VDBC [19] ................ (SBP/TERA/CRSC Recommendations)
-- VA Rural Access [02] .................. (S.1147 Support)
-- Filipino Vet Inequities [03] ............ (H.R.760 Funding Issue)
-- Filipino Vet Inequities [04] ............ (Pensions Protested)
-- Common Access Card (CAC) ...... (H.R.3046 & 3128 Impact)
-- Selective Service System (Draft) [05] ..... (Not Recommended)
-- VA Vet Centers [02] ........................... (Ahead of Schedule)
-- DoD Disability Evaluation System [04] ........... (Joint System)
-- USERRA [02] ........................... (Know Your rights)
-- Vet Cemetery Maryland ................. (Crownsville Expansion)
-- Tricare Data Breach .................. (Systemic Problems)
-- SDVOSB program .......................... (Disabled Vet Contracts)
-- Federal Student Aid [01] ................ (Interest Suspension Bill)
-- SBA Vet Issues [05] ........... (Patriot Express Loans)
-- Chronic Lymphocytic Leukemia [01] .............. (VA Must Pay)
-- Medicare Advantage Plans [01] ..... (Illegal/Unethical Tactics)
-- Medicare Advantage Plans [02] ................ (Delayed Refunds)
-- Medicare Extra Help Program [01] ............. (Under Utilized)
-- Medicare Deductibles ............................ (How They Apply)
-- VA Comp Payment Disparity [08] ......... (IDA Report Results)
-- Horatio Alger Scholarship ................... (Military Veterans)
-- House Veterans' Affairs Committee ............ (What it is)
-- HVAC [01] .................................... (5 Bills Passed)
-- TSA Data Breach ................. (Privacy officials meet)
-- Car Key Alarm ............................... (Security Tip)
-- VA Secretary [01] ....................... (Nicholson Resigns)
-- Veteran Charities Review [01] ............. (Where Donations Go)
-- Veteran Legislation Status 13 JUL 07 -------- (Where We Stand)


Editor’s Note 1: Attached is a listing of veteran legislation with current cosponsor status that has been introduced in the 110th Congress. To see any of these bills passed into law representatives need input from their veteran constituents to instruct them on how to vote.


NDAA 2008 UPDATE 06: After several days of debate, including an all-night session, on amendments to start a troop pullout or redeployment from Iraq (all of which failed), Senate Majority Leader Harry Reid (D-NV) stopped completion of H.R. 1585, the 2008 National Defense Authorization Act, dead in its tracks. This ends progress on the bill until the Majority Leader reconsiders while the overall defense bill remains in limbo with more than 300 amendments pending. Congress will be in recess from 6 AUG to 31 AUG 07 and will not return until after Labor Day. Although Reid has made no announcements about what will happen next, the Senate is not expected to return to work on the bill until September, after the U.S. Central Command issues a report on the effectiveness of the temporary surge of U.S. troops designed to improve security and enable political and economic progress by the Iraqi government. [Source: Various Jul 07 ++]


VA SUICIDE CALL CENTER UPDATE 01: To ensure veterans with emotional crises have round-the-clock access to trained professionals, the Department of Veterans Affairs (VA) has begun operation of a national suicide prevention hot line for veterans. Secretary of Veterans Affairs Jim Nicholson said, “Veterans need to know these VA professionals are literally a phone call away. All service members who experience the stresses of combat can have wounds on their minds as well as their bodies. Veterans should see mental health services as another benefit they have earned, which the men and women of VA are honored to provide.” The toll-free hot line number is 1(800) 273-TALK (8255). VA’s hot line will be staffed by mental health professionals in Canandaigua, N.Y. They will take toll-free calls from across the country and work closely with local VA mental health providers to help callers.

To operate the national hot line, VA is partnering with the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services (HHS). The suicide hot line is among several enhancements to mental health care that Nicholson has announced this year. In mid July, the Department’s top mental health professionals convened in the Washington, D.C., area to review the services provided to veterans of the Global War on Terror. VA is the largest provider of mental health care in the nation. This year, the Department will spent about $3 billion for mental health. More than 9,000 mental health professionals, backed up by primary care physicians and other health professionals in every VA medical center and outpatient clinic, provide mental health care to about 1 million veterans each year. [Source: VA Press Release 30 Jul 07 ++]


VET CEMETERY ALABAMA: Rep. Spencer Bachus [R-AL-06] helped secure $8 million to purchase land in Montevallo AL for a National Veterans Cemetery. The 479-acre parcel of land was bought by the Department of Veterans Affairs. The cemetery will be next to American Village in Shelby County and is expected to open in the fall of 2008. Bachus worked to have $18 million for the cemetery project included in President Bush's budget request for fiscal year 2008. The VA also awarded a contract for field testing and topographic work that will lead to a final design for the cemetery. A full design contract is expected to be awarded in the fall and actual construction is projected to begin in the spring of 2008. According to the VA, the first phase of the project will provide 9,100 full casket gravesites, a 2,700 unit columbarium for urns and 3,100 in-ground spaces for cremated remains. The acreage at the cemetery will accommodate burials for 40 to 50 years. In 2003, Congress directed the VA to establish a new cemetery in the Birmingham area, which has a population of more than 210,000 veterans who do not have access to a burial option in a national cemetery. [Source: Birmingham Business Journal Jimmy DeButts article 26 Jul 07 ++]


VA DATA BREACH UPDATE 36: Last year, the personal information of over 26 million veterans and active-duty personnel was lost when a VA laptop was stolen from the Maryland home of a VA analyst. As part of their investigation the GAO audited three VA medical facilities and VA headquarters in MAR 07. They found that officials at the Washington, D.C., VA medical center did not know the location of 28% of their information technology inventory. Six percent of the IT inventory was missing from the Indianapolis medical center, 10% from the San Diego center and 11% from D.C. headquarters. On 24 JUL GAO McCoy Williams, director of financial management and assurance in a hearing of the House Veterans Affairs oversight and investigations subcommittee said, “The four locations we audited put IT equipment at risk of theft, loss and misappropriation and pose continuing security vulnerability to our nation’s veterans with regard to sensitive data maintained on the equipment.” The audit also found that used hard drives waiting to be cleared were stored in unsecured bins at the facilities, even though many of them contained sensitive data. Rooms where potentially sensitive data was stored also lacked required security, auditors said. In addition to the items that are currently missing, GAO disclosed the audited VA locations reported a total of 2,400 missing IT items valued at $6.4 million over 2005 and 2006.

VA does not know who was using the computers before they went missing or what information was stored on them and acknowledged the possibility exists for information to be stolen. VA officials cautioned that missing laptops do not necessarily equal stolen information but nevertheless said the chance for a security breach still exists. They are working to put in place better safeguards to keep tabs on where equipment goes and who has it. Towards this they have put together a handbook for tracking equipment and will soon put in place new tracking software. Officials said that since the investigation was concluded, 1,457 of the 1,900 items missing from headquarters have been recovered. That leaves 443 items that are simply lost and likely will never be recovered. Rep. Tim Walz (D-MN) an Iraq veteran said the effects of data insecurity extend beyond potential loss. He said the carelessness of VA is demoralizing to veterans. “It has a very corrosive effect in trusting the VA in general,” Walz said. “Each of the [committee] members are sensing the frustration among constituents and veterans that this is one of the issues we speak of often and see very little movement on.” [Source: Air Force Times Amy Doolittle article 35 Jul 07 ++]


MEDICARE HOSPICE CARE: Introduced in the United States as a grassroots movement more than 30 years ago and added as a Medicare entitlement in 1983, hospice care is now considered part of mainstream medicine, as evidenced by growing patient enrollment and Medicare expenditures. In 2005, more than 1.2 million Americans received hospice care. Medicare is the primary payer for hospice care in approximately 80% of cases, with care most often provided in the patient's home. After enrollment, a plan of care is developed in accordance with the needs and wishes of the patient and family, often tempered by the presence or absence of caregivers to participate in day-to-day care. The primary goal is to ensure that pain and such symptoms as insomnia, dyspnea, depression, constipation, agitation, nausea, and emotional and spiritual distress are aggressively addressed. Most clinical care is provided by a hospice nurse, and the vast majority of patients are not seen by a physician. Hospice emphasizes an interdisciplinary approach to care. In most cases, at least once every other week, the hospice team — nurses, social workers, a pastoral counselor, the bereavement coordinator, and the medical director — meet to discuss the needs of the patient and family. In the interim, nurses call attending physicians with their recommendations. As a patient's disease progresses, the hospice plan shifts to accommodate decreasing independence, alterations in symptoms, and changing psychosocial needs.

Commercial insurers also provide hospice benefits, but the specifics of coverage vary. Under Medicare, most expenses related to the terminal diagnosis are paid in full, including all medication and equipment and all visits by hospice nurses and home health aides. Expenses related to other diagnoses remain covered by the patient's primary insurance provider. Hospice services include intensive emotional and spiritual counseling, 24-hour crisis management, and bereavement support for at least one year after the patient's death. This care can successfully address the critical end-of-life concerns that have been identified in numerous studies: dying with dignity, dying at home and without unnecessary pain, and reducing the burden placed on family caregivers. Evaluation studies reveal consistently high family satisfaction, with 98% of family members willing to recommend hospice care to others in need. The extensive expertise of physicians specializing in hospice and palliative medicine was recognized in 2006, when the field was accredited as a fully independent medical subspecialty. To determine eligibility, the attending physician and hospice medical director must certify that to the best of their judgment, the patient is more likely than not to die within 6 months. Responsibility for determining ongoing eligibility rests with the director. To assist physicians in prognosticating, Medicare provides broad guidelines for many medical conditions but these guidelines do not represent hard-and-fast requirements. Coexisting conditions or a particularly rapid functional decline can outweigh strict adherence to written requirements. [Source: New England Journal of Medicine article 26 Jul 07 ++]


VETERAN FEDERAL EMPLOYMENT UPDATE 04: The Office of Personnel Management (OPM) is issuing interim regulations to implement a change to the definition of “active duty” contained in Sec. 211.102(f) of title 5, Code of Federal Regulations in response to a Merit System Protection Board (MSPB) decision that affects eligibility for veterans’ preference based on a service-connected disability. This action will conform OPM’s regulations with MSPB’s decision. Under existing regulations there is a possibility that Reservists or National Guard members with a service-connected disability who are released or discharged from active duty may be denied veterans’ preference based upon the current language in
regulations. The revised language in this interim regulation will ensure service-connected disabled individuals discharged or released from active duty in the armed forces receive the veterans’ preference. Vets who are disabled or who served during certain periods have preference in federal jobs.

Veterans preference is designed to provide an additional 5 or 10 points to an applicant’s test score to give first consideration for certain jobs, and preference in job retention dependent upon the experience of the applicant For example: If an applicant scores 80 points then their veterans’ preference will be added to that total. Within that score, say 85 points, veterans must be placed above all other candidates of the same score. Then out of those scores, the 3 highest scores (out of 100) are advanced to the selection process. Preference is also provided for:
1) Unremarried widows(ers) of deceased vets.
2) Mothers of military personnel who died in service.
3) Spouses of service-connected disabled vets who are no longer able to work in their usual occupations.
4) Mothers of vets who have permanent and total service-connected disabilities.
[Source: Federal Register: July 27, 2007 (Volume 72, Number 144) ++]


WOUNDED WARRIOR ASSISTANCE UPDATE 03: By voice vote, the full Senate passed S.1283, the Senate version of HR 1585, the Wounded Warrior Act, after amending it to include authorization for a 3.5% pay increase effective 1 JAN 07. The House Appropriations Committee did something similar moments earlier, quickly approving by voice vote a $463.1 billion defense funding bill for the fiscal year that begins Oct. 1. That includes $2.2 billion to fully cover the cost of the 3.5% military raise pending in Congress, despite Bush administration objections. The Senate’s wounded warrior package would:
- Provide three years of post-service military medical care to combat-injured veterans;
- Order the Pentagon and Veterans Affairs Department to develop a common disability assessment system by 1 JAN 08;
- Make it more difficult for the services to blame mental health problems on alleged pre-service conditions; and
- Order a minimum severance pay for disabled service members of at least six months of basic pay for noncombat disabilities and one year of basic pay for combat-related disabilities.

Both the pay raise and the package for injured combat veterans had been tangled up in a Senate’s squabble over Iraq policy. Senate Majority Leader Harry Reid (D-NV) said he didn’t want to delay legislation to help wounded troops, and he didn’t want troops and their families to have any doubts about the fate of the proposed 3.5% raise. The legislation, among other things, seeks to end inconsistencies in disability pay by providing for a special review of cases in which service members received low ratings of their level of disability. The aim is to determine whether they were shortchanged. It also would boost severance pay and provide $50 million for improved diagnosis of veterans with traumatic brain injury or post-traumatic stress disorder. Differences between the House and Senate bills will have to be worked out in negotiations that could start as early as next week. [Source: NavyTimes Rick Maze article 26 Jul 07 ++]


MOBILIZED RESERVE 25 JULY 07: The Army, Air Force and Marine Corps announced the current number of reservists on active duty as of 25 July 07 in support of the partial mobilization. The net collective result is 3,640 more reservists mobilized than last reported on 13 JUN 07. At any given time, services may mobilize some units and individuals while demobilizing others, making it possible for these figures to either increase or decrease. The total number currently on active duty in support of the partial mobilization for the Army National Guard and Army Reserve is 78,653; Navy Reserve, 5,002; Air National Guard and Air Force Reserve, 5,753; Marine Corps Reserve, 5,915; and the Coast Guard Reserve, 301. This brings the total National Guard and Reserve personnel who have been mobilized to 95,624, including both units and individual augmentees. A cumulative roster of all National Guard and Reserve personnel, who are currently mobilized, can be found at http://www.defenselink.mil/news/Jul2007 ... 725ngr.pdf. [Source: DoD News Release 25 Jul 07 ++]


WRAMC UPDATE 11: The President’s Commission on Care for America’s Returning Wounded Warriors which he commissioned on 6 MAR to investigate veterans' care has recommended an overhaul of the military health care system. Seriously wounded troops returning from the war should have a patient-centered recovery plan that will smoothly and seamlessly guide them and their families through the recovery process. The New York Times said the panel’s conclusion was spurred by a series of embarrassing news reports about the substandard treatment returning soldiers received at Walter Reed Army Medical Center. Yet even as it called for change, the report avoided harsh assessment of the Administration's handling of the military and veterans health care systems. Instead, it portrayed many of the problems as resulting from advances in modern medicine that have allowed soldiers to survive injuries that would have killed them in previous wars. President Bush met 25 JUL with the panel’s co-chairmen, former Sen. Bob Dole and former HHS Secretary Donna Shalala, to discuss their findings which were widely reported on by the nation’s press. ABC World News reported the panel said fundamental changes are needed to a system exposed as under-staffed, under-funded and under pressure from an unexpected flow of severely injured troops. If adopted, the recommendations would radically overhaul the current system, described by the commission as a patchwork of programs, rules and regulations that has become tremendously complex and often leads to real or perceived inequities. Among the changes recommended by the panel were:
- The creation of a recovery plan for every injured veteran.
- Extension of the Family Leave Act to allow relatives to care for an injured service member for up to six months without losing their jobs.
- Creation of a "My eBenefits" website that centralizes all the information about benefits for vets and their families.
- Boost staff and money for Walter Reed until it closes in the coming years.
- Restructure the disability pay systems to give the VA more responsibility for awarding benefits.
- Require comprehensive training programs in post-traumatic stress and traumatic brain injuries for military leaders, VA and Pentagon personnel.

ABC noted that it is just the latest in a long list of similar reports that have not fixed the problem and the Washington Times reported Sen. John Kerry criticized the President for foot-dragging on yet another bipartisan commission's findings. When asked if there is the political will in Washington right now to implement the recommendations, co-chairman and former Sen. Bob Dole said on CNN's Situation Room, "No, but we were told, if we produced a good product...there would be some action. And this came from the highest levels at the White House. And we told...the President this morning that we think we have a good product, so we hope there's going to be some executive action very soon." Co-chairman Donna Shalala said the cost of implementing the commission's proposals is about $500 million with added costs that could push it to $1 billion in later years, which is much less than what Congress is planning to spend. Of 35 total recommendations (only two of which were directed specifically at Walter Reed) just six would require legislation. The other 29 can be acted upon by the Defense Department or the Department of Veterans Affairs. Panel co-chairman Bob Dole said he is going to be checking in with the White House to ensure changes are made

The Associated Press (AP) said that among the recommendations was an indirect rebuke of the VA -- a call for Congress to enable all veterans who have been deployed in Afghanistan and Iraq who need post-traumatic stress disorder care to receive it from the VA. The AP notes that only recently, the VA has taken steps to add mental health counselors and 24-hour suicide prevention services at all facilities, after high-profile incidents of veterans committing suicide. In addition, the report does not seek to directly criticize or lay blame for shoddy outpatient treatment at Walter Reed Army Medical Center that led to the creation of the commission. On CNN's Situation Room Dole said, "We're not saying that everything is bad. Most everyone tells us the great care they receive at VA hospitals or Army or Navy hospitals. It's in the bureaucratic nightmare that sometimes -- not every time, but sometimes -- happens when they transfer from, say, DoD to the Veterans Administration, waiting for a doctor's appointment, waiting for their benefits." President Bush told reporters at the White House late Wednesday that he had directed the defense secretary, and the secretary of veterans’ affairs, “to take the recommendations seriously, and to implement them, so that the administration can say with certainty that any soldier who has been hurt will get the best possible care and treatment that this government can offer.” [Source: Various 26 Jul 07 ++]


MILITARY SPOUSE FRIENDLY WORKPLACES: Military Spouse magazine recently released their list of “Top 10 Military Spouse Friendly Employers”. USAA topped the list and was noted for exemplary HR policies. In addition, USAA has a stated goal to comprise 20% of its workforce with military and military spouses. All of the companies on the list offer comprehensive benefit packages, job sharing, tuition assistance, on-site child care, and liberal leave and re-employment policies. Other evaluation criteria included efforts to recruit military spouses, results in recruiting spouses, and policies for spouses of Reserve and Guard members. Other companies on the list, in order of rank, were AAFES, RE/MAX, The Home Depot, Wachovia, Computer Sciences Corporation (CSC), Sears Holdings, Kelly Services, Lockheed Martin, and Starbucks. [Source: Military Spouse Magazine press release Jul 07 ++]


VA HEALTH CARE FUNDING UPDATE 10: At a U.S. Senate Committee on Veterans’ Affairs hearing held 19 JUL on funding for the Department of Veterans Affairs, U.S. Senator Larry Craig warned that mandatory funding will not solve the long-term funding needs of that agency. “We already have three very large programs that are considered to be funded by mandatory spending. Namely: Social Security, Medicare, and Medicaid,” Craig said. “Very few younger Americans believe that Social Security will give them much, if anything, when they retire. Being a ‘mandatory’ program is no cure-all. We need across the board reform.” Mandatory funding is a long-sought goal of many of the nation’s veterans’ organizations. But Craig noted that unless Congress changes course, federal spending on Medicare, Medicaid and Social Security will crowd out every other federal program - including defense and homeland security. He pointed to remarks by the director of the non-partisan Government Accountability Office (GAO), who recently warned lawmakers that unless changes are made in federal spending, the federal government will be able to do little more than pay interest on the mounting debt and some entitlement benefits. Craig also noted that Federal Reserve Chairman Ben Bernanke recently warned Congress that the time to fix the nation’s fiscal problems started “ten years ago.”

The Idaho Republican has been working on a solution for more than 20 years. He is a long-time sponsor of the Balanced Budget Amendment and reintroduced that legislation in January - the first day Congress met this year. At that time Craig said that the solution to true fiscal responsibility is three-fold:
- We must not simply reduce the deficit, but eliminate it;
- We must not amend the tax code, but replace it; and
- we must not talk about limiting spending, but legally cap it.”

During the 19 JUL hearing Craig told his colleagues, “Congress not only isn’t addressing the current problems, but we’re here considering legislation to add to the problem.” While a budget hawk on many federal programs, Craig has advocated for more federal spending on veterans’ programs. In MAR 07 he endorsed a record $86.4 billion budget for VA next year - which is almost 8% over this year’s budget and would be 77% larger than it was when President Clinton left office in 2001. “Veterans are absolutely a priority to me. That’s a choice I have consciously made,” Craig said. “But a mandatory agency budget would, in my judgment, be terrible national fiscal policy.” While cautioning his colleagues about establishing mandatory funding for VA, the Idaho Republican noted that now that the Democrats are in power, they have not actively been pursing mandatory funding either. For additional info on the Senate Veteran Affairs Committee refer to http://veterans.senate.gov/public. [Source: SVAC Ranking Member News 25 Jul 07 ++]


MEDICINE BOUGHT ONLINE: The Food and Drug Administration (FDA) cannot warn people enough about the possible dangers of buying medications online. Some Web sites sell medicine, such as prescription and over-the-counter drugs, that may not be safe to use and could put people's health at risk. The current system of federal and state safeguards for protecting consumers from using inappropriate or unsafe drugs has generally served the country well. But FDA says that the best way consumers can protect themselves is to become educated about safe online shopping. Buying such prescription and over-the-counter drugs online from a company you don't know means you may not know exactly what you're getting. While many Web sites are operating legally and offering convenience, privacy, and the safeguards of traditional procedures for dispensing drugs, consumers must be wary of "rogue Web sites" that aren't operating within the law. A Web site can look very sophisticated and legitimate but actually be an illegal operation. These sites often sell unapproved drugs, or if they market approved drugs, they often sidestep required practices meant to protect consumers. Some Web sites sell counterfeit drugs. Although counterfeit drugs may look exactly like real FDA-approved drugs, they are not legitimate and are of unknown quality and safety. If you're considering buying medicine over the Internet, look for Web sites with practices that protect you. If there is no way to contact the Web site pharmacy by phone, if prices are dramatically lower than the competition, or if no prescription from your doctor is required, you should be especially wary. Safe Web sites should:
- Be located in the United States.
- Be licensed by the state board of pharmacy where the Web site is operating (visit www.nabp.info for a list of state boards of pharmacy).
- Have a licensed pharmacist available to answer your questions.
- Require a prescription from your doctor or other health care professional who is licensed to prescribe medicines.
- Provide contact information and allow you to talk to a person if you have problems or questions.

The National Association of Boards of Pharmacy's (NABP) Verified Internet Pharmacy Practice Sites Seal, also known as VIPPS Seal, gives a seal of approval to Internet pharmacy sites that apply and meet state licensure requirements and other VIPPS criteria. People can be confident that Web sites that are VIPPS-approved are legitimate. Legitimate pharmacies that carry the VIPPS® seal are listed at www.vipps.info. Unsafe Web sites:
- Typically don't know your medical history or the details about your current illness or condition.
- Send you drugs with unknown quality or origin.
- Could give you the wrong medicine or another dangerous product for your illness.
- May sell prescription drugs even without a prescription—this is against the law!
- May not protect your personal information.
For additional info on the possible dangers of buying medicine online refer to http://www.fda.gov/consumer/features/dr ... e0707.html. [Source: FDA Consumer Update 2 Jul 07 ++]


CAMP LEJEUNE TOXIC EXPOSURE: Sen. Elizabeth Dole (R-NC) said 19 JUL that military officials should directly inform hundreds of thousands of Marine families and workers that they drank and washed in toxin-contaminated water at Camp Lejeune in North Carolina. Dole, wants to force the secretary of the Navy to locate and notify Marines and civilians who were exposed to the water up until the mid-1980s when the base shut down contaminated wells. In a new twist, Marine officials raised the prospect that the same contaminants may endanger residents in the form of vapors that can be inhaled. The base is testing to see if vapors are seeping through soil into homes and buildings from a groundwater plume. Officials said the drinking water has been safe for many years. Previous monitoring from the Environmental Protection Agency showed the underground plume was "no where near any of the buildings or residential areas," according to Maj. Nat Fahy, the base spokesman. However, the base and EPA recently began testing when health investigators from the Agency for Toxic Substances and Disease Registry reported that their new water model showed the plume had migrated beneath homes and a school as far back as the 1960s. The model only went up to 1994 and contained some inherent uncertainties, according to agency investigators, who are studying health effects from the past contaminated water. Some hazardous clean-up work also has occurred since then.

Dole's notification requirement was in an amendment she offered to a broad military money bill before the legislation was pulled from the floor in a showdown over Iraq. The larger bill (NDAA) may be back as soon as September. Government health officials have estimated that as many as one million people may have been exposed during three decades of water contamination going back to 1957, a situation examined in a recent Associated Press investigation. The numbers include Marines in barracks and military families living on the sprawling Atlantic training and deployment base, and civilians who worked there. Her measure also aims to help answer questions about health effects by having those exposed give government health investigators information on their illnesses. Declining to comment specifically on Dole's proposal, spokeswoman Capt. Amy Malugani said the Marines "continue to work closely" with Dole and other lawmakers on the issue. The Corps is seeking "ways to improve and enhance our communications and notification processes," she said. The base in 1985 told residents about "minute, trace amounts" of contamination, when some levels had reached more than 200 times today's safe drinking water standards.

The groundwater contamination stemmed from industrial activity and hazardous waste on the base and from a neighboring dry cleaner. Trichloroethylene and tetrachloroethylene, solvents used for degreasing and dry cleaning, and other toxic chemicals were identified in water sampling that eventually led to the well closures. Studies have linked the chemicals to leukemia, non-Hodgkin's lymphoma, birth defects and several other cancers. Dole's amendment differs from an earlier measure that allows the military to reach out through the media rather than directly notifying those exposed, and requires notification only after completion of a government health study. Dole's new measure would require notification to begin shortly after the bill's passage. Officials at the Agency for Toxic Substances and Disease Registry said they received some 1,500 calls from citizens who didn't know of the contamination until they read about it in an Associated Press investigative story and subsequent coverage of a congressional hearing in June. Many of those who called were former base residents who wondered if their cancers and other illnesses were related to it. Concerned personnel who want to let their representatives know how they feel on this issue can access a preformatted letter or draft their own at http://capwiz.com/military/issues/alert ... 66&type=CO. [Source: Associated Press article 19 Jul 07 ++]


VA CLAIM BACKLOG UPDATE 09: House Republicans are proposing a plan to overhaul veterans’ disability claims processing, including a move that would automate portions of the process. The automated system, Republican officials said, would handle simpler claims and allow employees to handle more complicated ones. The Veterans Affairs Department has a backlog of 400,000 pending claims. H.R.3047 introduced 16 JUL by Rep. Doug Lamborn (R-CO) and Rep. Steve Buyer (R-IN) seeks to reduce the backlog by speeding up the process. VA already uses some automation, but no claim decision is completely computerized, said Jeff Phillips, a spokesman for the House Veterans’ Affairs Committee’s Republican office. The proposed program would streamline that automation by using a system similar to one insurance companies have been using for 30 years. “Currently the VA does what it’s been doing for generations, and that is deciding cases manually,” Phillips said. “We here in the minority office think that there is a better way for some of the claims.” The program would use a rules-based automation software where information is input and vetted with little human interaction, Lamborn said. “We think technology is available that would speed up simple claims and requests,” he said. “Simple claims through automation hopefully go a lot faster, and that would reduce the backlog and get veterans what they deserve faster.”

At least 20 percent of VA’s claims can likely be automated through the technology, said Craig Weber, senior analyst with Celent, a Boston-based consulting firm that handles information technology. “It turns out in almost any business process, rules-based processing is useful,” he said. “There’s typically 20 to 40% of the work items that can be processed in an automated fashion.” Weber, who has studied and used the software since the late 1980s, said the biggest hurdle frequently is convincing human adjusters they are no longer needed for some claims. “It’s hard to change human behavior, and people don’t want to admit that what they’ve been doing can be boiled down to 10 questions and yes and no answers,” he said. “But the point to make for those people is that we’re not taking away work where you’re adding value, we’re freeing you up to add more value elsewhere.” VA officials declined to comment on the pending legislation but said new rules, regulations and programs from Congress can cause further headaches for the department. “We’re constantly being impacted by court decisions as well as legislation by Congress that says you’re going to do this, that and the other thing,” said Steve Westerfeld, a VA spokesman. [Source: Federal Times Amy Doolittle article 23 Jul 07 ++]


VA CLAIM BACKLOG UPDATE 10: In a Wednesday interview taped for C-SPAN’s Newsmakers program, that aired 29 JUL, VA Secretary Nicholson said he was willing, on a trial basis, to try to tackle the large and growing backlog of disability claims with a program that would assume anyone who filed for compensation deserves the payment. After the first check is issued, a claim could be reviewed, with the possibility that payments could be adjusted, Nicholson said. This speedy process would apply only for initial claims, not for people already receiving disability pay who are seeking to have their ratings revised upward. More than half of the estimated 600,000 claims pending at any time are for people who are already receiving disability compensation for a service-connected injury or disease, Nicholson said. The automatic payment process would take many changes in law and “a new cultural frame of mind,” Nicholson said, but added, “We want to do it quicker. It irritates people. Everybody would have to understand the new system, including the possibility that the benefits they are receiving could be reduced, increased or even canceled. This would be quick but not necessarily permanent,” he said of the payment.

He won’t be around to see such a change, however, as he has announced he will retire no later than 1 OCT to return to private business. The Bush administration and many veterans’ groups have raised red flags over the initiative endorsed by Nicholson out of fear it could lead to widespread cheating by veterans who would assume they could get paid without having to provide any proof of their medical condition. In the interview, Nicholson mentioned the possibility that veterans found to be ineligible or who receive a bigger payment than warranted could be forced to repay the government, something rarely required under current law because the initial claims process, which now takes an average of 177 days, weeds out most blatant errors and fraud. Automatic processing of at least simple claims is getting a lot of attention in Congress as a potential way to speed initial paychecks while allowing VA to concentrate on the more difficult claims, such as veterans with multiple disabilities and complicated medical histories that make it challenging to determine whether there is a military cause for the problems.

A big push in Congress for automatic benefits approval came after a March discussion before the House Veterans’ Affairs Committee where Linda Bilmes of Harvard’s Kennedy School of Government warned that radical change is needed because the backlog of benefits is only going to get worse. By her estimate, 250,000 to 400,000 disability claims will be filed over the next two years by Iraq and Afghanistan war veterans. She proposed having VA pay all disability claims filed by new combat veterans under a streamlined system that included only four ratings levels instead of the current 10. Bilmes’ idea has since been introduced as legislation by several lawmakers. Nicholson’s endorsement of the basic concept could be of limited help to sponsors because his 1 OCT resignation date means he will not be around to see even a pilot project implemented. [Source: NavyTimes Rick Maze article 26 Jul 07 ++]


VA LAWSUIT (RELIGIOUS DISCRIMINATION): A former pharmacist at the Bay Pines VA Medical Center has won a $300,000 federal jury award against the Department of Veterans Affairs over an allegation of religious discrimination. Lynne C. Krop, 45, of Clear-water said during a four-day trial that ended 19 JUL in U.S. District Court that the VA refused to allow her time off without pay for Jewish religious holidays. Krop’s attorneys argued that the VA was obligated under federal law to provide the time off. Instead, the VA told Krop to take vacation and sick leave, the suit said, which she wanted to save for family vacation. Krop said she was essentially forced to resign over the dispute in 2004 after 14 years at the VA. Krop’s attorney, Joe Magri, said in an interview on Monday. “They were dealing with an employee who was deeply into her faith and family. Somebody who clearly did such a great job for veterans is no longer working for the VA over foolish reasons.” Magri said Krop was an outstanding and highly respected employee. Krop, who worked as an infectious disease clinical pharmacist and clinical residency director, could not be reached for comment. The VA declined to comment pending an appeal.

Krop said in the lawsuit that it was VA policy to allow employees to take time off without pay for any reason. In fact, she had previously been allowed time off for religious holidays. But she said that changed when her supervisor retired. In DEC 03, Krop said the new supervisor told her that she was taking too much time off, noting that Krop had used 146 hours of leave without pay in that year alone. The new supervisor also refused to allow her to come in to work 15 minutes later several times a week so Krop could bring her children to school. On those days, Krop would have worked 15 minutes later. Her supervisor said Krop wanted to take time off for vacations and family events, as well as religious holidays. and that if he made an exception for Krop, he’d have to do it for everybody. The VA said it offered Krop alternatives, other than using vacation leave, which would have allowed her to take off the holidays. After the dispute, Krop said her supervisors put her under a microscope, looking for reasons to reprimand her. “It became intolerable,” her lawsuit said, “and she felt that the only way to salvage a positive professional reputation was to resign.” The VA denied the charge. [Source: St. Petersburg Times William R. Levesque article 24 Jul 07 ++]


VA LAWSUIT (LACK OF CARE): Frustrated by delays in health care, injured Iraq war veterans accused VA Secretary Jim Nicholson in a lawsuit of breaking the law by denying them disability pay and mental health treatment. The suit has no named individual plaintiffs, which the attorneys said was largely due to veterans' fear of retribution by the VA. The lawsuit seeks class standing to represent all veterans applying for or receiving compensation for service-connected death or disability. The 73 page complaint [http://www.dralegal.org/downloads/cases/Veterans/Media_Complaint_Final.pdf] against the U.S. Department of Veterans Affairs, filed 23 JUL in federal court in San Francisco, seeks broad changes in the agency as it struggles to meet growing demands from veterans returning home from Iraq and Afghanistan. Suing on behalf of hundreds of thousands of veterans, it charges that the VA has failed warriors on numerous fronts. It contends the VA failed to provide prompt disability benefits, failed to add staff to reduce wait times for medical care and failed to boost services for post-traumatic stress disorder. The lawsuit also accuses the VA of deliberately cheating some veterans by allegedly working with the Pentagon to misclassify PTSD claims as pre-existing personality disorders to avoid paying benefits. The VA and Pentagon have generally denied such charges. Paul Sullivan, executive director of Veterans for Common Sense, which filed the lawsuit said, "When one of our combat veterans walks into a VA hospital, then they must see a doctor that day. When a war veteran needs disability benefits because he or she can't work, then they must get a disability check in a few weeks. The VA has betrayed our veterans.”

The lawsuit comes amid intense political and public scrutiny of the VA and Pentagon following reports of shoddy outpatient care of injured soldiers at Walter Reed Army Medical Center and elsewhere. The complaint seeks to represent between 320,000 and 800,000 veterans of the Iraq war who lawyers say are at risk of having PTSD. Ultimately, a federal judge will have to decide whether the lawsuit is properly deemed a class action that adequately represents them. As of 31 MAR, roughly 52,375 Iraq veterans were evaluated at VA facilities for suspected PTSD, according to an internal quarterly VA report released Monday to The Associated Press. The complaint says, “Unless systemic and drastic measures are instituted immediately, the costs to these veterans, their families and our nation will be incalculable, including broken families, a new generation of unemployed and homeless veterans, increases in drug abuse and alcoholism, and crushing burdens on the health care delivery system." It asks that a federal court order the VA to make immediate improvements.

Earlier this month, a federal appeals court in San Francisco issued a strong rebuke of the VA in ordering the agency to pay retroactive benefits to Vietnam War veterans who were exposed to Agent Orange and contracted a form of leukemia. More recently, following high-profile suicide incidents in which families of veterans say the VA did not provide adequate care, VA Secretary Nicholson pledged to add mental health services and hire more suicide-prevention coordinators. Some veterans say that's not enough. In the lawsuit, they note that government investigators warned as early as 2002 that the VA needed to fix its backlogged claims system and make other changes. Yet, the lawsuit says, Nicholson and other officials still insisted on a budget in 2005 that fell $1 billion short, and they made "a mockery of the rule of law" by awarding senior officials $3.8 million in bonuses despite their role in the budget foul-up. Today, the VA's backlog of disability payments is between 400,000 and 600,000, with delays of up to 177 days to process an initial claim and an average of 657 days to process an appeal. Several congressional committees and a presidential commission are now studying ways to improve care.

Former national commander of the American Legion Tom Bock commented that he is generally supportive of the lawsuit, although he added he does not know the details of it. "The fact that it's bringing attention (to the issues) to the public - that's admirable” he said. However, he does not know if a lawsuit is the way to get the VA to make changes. Instead, he said the American Legion has concentrated on getting the VA properly funded. Melissa W. Kasnitz, managing attorney for Disability Rights Advocates, said in a telephone interview "While steps can and will be taken in the political arena, responsibility for action lies with the agency itself. We don't believe the problems will be fixed by the VA if we wait for them”. Her group is teaming up with a major law firm, Morrison & Foerster, to represent the veterans. Gordon P. Erspamer, a partner at Morrison & Foerster, stressed that the lawsuit does not seek to make a partisan statement about the Iraq war but instead finally force action after years of delay. "This is the worst it's ever been for veterans, and it's only going to get worse," he said. The lawsuit cites violations of the Constitution and federal law, which mandates at least two years of health care to injured veterans. The veterans groups involved in the lawsuit are Veterans for Common Sense in Washington, D.C., which claims 11,500 members, and Veterans United for Truth, based in Santa Barbara, Calif., with 500 members. [Source: AP Writer Hope Yen article 24 Jul 07 ++]

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VA LAWSUIT (WRONGFUL DEATH): The family of an Iraq war veteran filed suit 26 JUL accusing Veterans Affairs Secretary Jim Nicholson of negligence in the suicide death of their son. The lawsuit, filed in federal court in Springfield MA says the VA is to blame for the death of 23-year-old Jeffrey Lucey, a Marine who killed himself in June 2004 after he allegedly was denied mental health care following a tour in Iraq. The lawsuit seeking unspecified damages names Mr. Nicholson, who is leaving his job, and the American government as defendants. The action comes just days after the group Veterans for Common Sense sued Mr. Nicholson and the VA on behalf of injured Iraq war veterans. That lawsuit accuses the agency of unlawfully denying the veterans disability pay and mental health treatment. Lucey's father says he and his wife hope their lawsuit will force the Bush administration to take swift action to fix the VA. "They've got to look at the entire system of the VA," Mr. Lucey said, who spoke from his home in Belchertown MA. "We're hoping that it goes to trial and that people can truly see how dysfunctional the system is." According to the complaint, Lance Cpl. Jeffrey Lucey began to experience difficulties several months after returning from Iraq. He had nightmares, vomiting, and began drinking heavily. Depression set in. He told his sister he had a rope and tree picked out behind the family home and needed to keep a flashlight by his bed to check for camel spiders he heard at night. His parents took him to the Northampton VA Medical Center and he was involuntarily committed for help. He was released a few days later after VA personnel said they couldn't make an assessment of his posttraumatic stress disorder until he was alcohol free, said the complaint. A few days later, his family took Lucey back to the center, but the lawsuit says the staff turned him away. Kevin Lucey found his son dead, hanging from a beam in the cellar two weeks later. [Source: Associated Press Jennifer Kerr article27 Jul 07 ++]


WEST VIRGINIA VETERANS HOMES UPDATE 01: After nearly a year of delays, West Virginia's first state-owned veterans nursing home is on track to open to patients in AUG 05. Initially the official start date of construction was 12 APR 04 with completion and opening scheduled for MAY 06. The home was dedicated in NOV 06 but its opening has been pushed back several times for various reasons, including communications system and air control problems. A federal inspection scheduled for late JUL at the West Virginia Veterans Nursing Home is one of the last hurdles for the Clarksburg facility, said Larry Linch, state director of Veterans Affairs. State Department of Military Affairs and Public Safety spokesman Joe Thornton said the nursing home should pass the inspection with flying colors. The home passed a state inspection two weeks ago that looks at many of the same things as the federal one. Sixteen patients have already been identified and are scheduled to begin checking into the nursing home the first week of AUG, barring any problems brought up in the federal inspection. Veterans are eligible for housing if they served on active duty for at least 12 continuous months or were honorably discharged with a service-related disability. They also must be residents of West Virginia and cannot suffer from a mental illness, mental retardation or substance abuse. Eventually the $26 million, 90,000-square-foot home, which is connected to the Louis A. Johnson V.A. Medical Center, will house about 120 residents, including up to 20 in a wing for Alzheimer's patients. It plans to employ 190 people at the home with such amenities as screened-in sun rooms, a library, chapel, gardens and gazebos. The state helped fund construction of the home with a bond sale passed in 2001 with the selling of Veterans scratch off lottery tickets providing the state’s 35% matching monies. The federal Veterans Affairs Administration paid the remaining 65% of the cost.

West Virginia also has a domiciliary style veterans’ home located in the Village of Barboursville, fifteen miles from downtown Huntington. Basic eligibility requirements are:
- Veterans must have been discharged from the service with an honorable discharged from service with an honorable discharge or with a general discharge under honorable conditions.
- Veterans discharged after September 7, 1980 must have served at least 24 consecutive months.
- The veteran must have been a resident of the State of West Virginia from one year immediately prior to applicant or entered military service from the state. Proof of residency will be required.
- Due to the health and welfare of residents of the Barboursville Veterans' Home, there are certain pre-admission medical tests which must be completed prior to being admitted to the hospital.
- All qualified veterans must be ambulatory and independent in all activities of daily living. The home is not a treatment facility and cannot accommodate veterans in need of daily care or skilled assistance. The home provides a nursing department and a contract physician. All medical treatment if provided by the VA Medical Center located in Huntington. Transportation is provided to the medical center three times daily.

Rooms available for occupancy accommodate two, three or four persons. Every effort is made to ensure compatibility between occupants. Female veterans are most welcome and special lodging accommodations are provided. A person's income is not a factor in gaining admission, although residents are required to contribute one-half of his or her monthly income as their maintenance contribution. The home is very liberal in its rules and regulations. Residents may leave on a pass for up to three days by simply signing a daily log sheet. Residents are authorized up to 30 days of furlough per year. Visitation to the home is encouraged and visitors may enjoy a meal with the residents at a nominal fee. Assistance with application for residency can be obtained through any of the West Virginia Division of Veterans Affairs Field Offices listed at http://www.wvs.state.wv.us/va/offices.htm or directly to the home at (304) 736-1027. [Source: Charleston Daily Mail AP article 23 Jul 07 ++]


PROSTHETIC LIMBS: Veterans with lower-leg amputations can look forward to having a prosthetic ankle-foot that matches their natural ease of motion, thanks to research funded by the Department of Veterans Affairs (VA) and conducted by researchers from the Department and two of the nation’s top universities. Researchers say the new ankle-foot prosthetic is the first in a new family of artificial limbs. It will replicate natural motion by propelling people forward using tendon-like springs powered by an electric motor. Through VA-funded research, the Center for Restorative and Regenerative Medicine, a partnership between the Providence VA Medical Center in Rhode Island, Brown University and Massachusetts Institute of Technology, developed the new prosthesis. The center’s goal is to restore natural function to amputees.

Sgt. Juan Arredondo is one of the first people in the world to receive a revolutionary bionic hand. It lets him toss a football, install household fixtures and grasp a mug with less forethought and more dexterity than traditional prostheses. The iLimb, made by Scotland-based Touch Bionics, hit the market last week. Just over a dozen people have gotten one - two of them Iraq war vets. The iLimb is similar to other "myoelectric" prostheses that sense muscle movements in their user's arm and send electrical impulses to a computerized hand that is only able to move a thumb, index and middle fingers in tandem. With the iLimb, motors in each finger allow them to move independently, giving users better control when they grip everyday objects - from knives and forks to doorknobs. Eventually, doctors will install a motor in the iLimb's wrist so that Arredondo's brain will be able to command the hand to turn on its own, said Troy Farnsworth, who fitted him with the device. Farnsworth, a prosthetic consultant to the Veterans Administration, said the VA paid for Arredondo's iLimb, which costs $60,000 to $150,000, depending on the extent of an amputee's injury.

VA expects to spend more than $1.2 billion this year on prosthetics and sensory aids, which includes glasses and hearing aids. The Department operates about 60 orthotic-prosthetic labs across the country that fabricates, fit and repair artificial limbs or oversee limbs provided by commercial vendors. According to a 2004 US Senate report 6% of soldiers wounded in the Iraq conflict have injuries that required amputation of a limb, compared with 3% in previous wars. [Source: VA News Release 23 Jul & NY Daily News article 24 Jul 07 ++]


FLORIDA VETERANS HOMES UPDATE 02: At one time, the idea of a 120-bed veterans nursing home in St. Johns County, Florida seemed like a slam dunk. Gov. Jeb Bush first pitched $15.6 million for it in JAN 06. The Florida Legislature upped it to $17.9 million a few months later. State officials pulled off a coup by winning federal funds for 65% of the project through the U.S. Department of Veterans Affairs, meaning only $6 million was needed from state coffers. An opening date was scheduled for late 2008. In the past year and a half, however, federal budget woes and bureaucratic snafus have entangled the project, pushing back the opening to late 2009 and pushing up the price tag to $28.6 million. The Legislature reacted this past spring, allocating another $4 million to boost the state’s share to $10 million. While the project isn’t in crisis mode, it has become a source of frustration for local and state officials who are eager to help the area’s military families.

The dispute began with a mandate last year by federal officials that the facility’s original plan of two veterans per room was inadequate, and that only single-occupancy rooms were allowed. State leaders protested, arguing that veterans prefer the companionship and safety of double-occupancy rooms, especially since many were growing older and frailer. The other problem: The VA simply ran out of money and notified the state in DEC 06 that it would be yanking its $11.6 million share of the project. Gov. Charlie Crist’s new veterans affairs secretary, LeRoy Collins Jr., got involved in JAN 07. Collins made Florida’s case directly to VA officials and may have worked out a compromise: Architects and designers are meeting to determine how to satisfy the federal mandate for single-occupancy rooms without losing the double-occupancy concept or swelling the building’s cost or architectural footprint. Collins says he hopes for a MAR 08 groundbreaking on a facility that would perhaps have a mix of single- and double-occupancy rooms. Collins said veterans shouldn’t read too much into the dispute or blame the U.S. military’s rising costs in Iraq. He said he was told the 500-bed veterans facility in Los Angeles actually consumed the VA’s money for the St. Johns building.

“The frustration does become high, but the VA has a budget approximating $75 billion, which is the state of Florida’s entire budget,” Collins said. “When you’re talking about that kind of money, you shouldn’t be surprised at the intensity of accountability that’s necessary. You just have to deal with it and have patience. If you fling out this money further and faster, you come up with what happened after Katrina - fraud.” Talk to your congressman. The veterans’ home was originally planned for Jacksonville, but city officials never applied for the facility - even after winning a deadline extension for their application - and St. Johns County leaders stepped into the breach in 2003 to win the project. That put it in the district of just-elected state Rep. Bill Proctor, R-St. Augustine. Today, Proctor said he too is frustrated with the federal mandate, since veterans themselves have told him they prefer roommates. He also said the federal funds are overdue. “The state has met its obligations,” Proctor said. “Frankly, I think the veterans organizations in the area should start talking to their congressmen, because as soon as we get the federal money we’re ready to break ground. [Source: Florida Times-Union J. Taylor Rushing article 21 Jul 07 +]


VETERANS BENEFITS ACT 2007: The Comprehensive Veterans Benefits Improvements Act of 2007 would make more than 25 separate changes to veterans' programs ranging from disability payments, to insurance premiums, to grants for disabled veterans to adapt their cars to make them easier to use. This legislation would address long standing injustices in the VA and DoD benefit and retirement systems that veterans and their families have fought to correct for years. Among these changes are:

- Repeal of the VA embargo of new enrollments of Category 8 veterans: Since January 2003, the VA estimates that more than 1.5 million category 8 veterans will have been denied enrollment in the VA health care system by fiscal year 2008.
- Repeal of the prohibition against Concurrent Receipt which requires a dollar-for-dollar offset of military retired pay for disability compensation received from the VA. Retired pay is earned for a career of uniformed service and VA disability compensation is recompense for pain, suffering and lost future earning power due to service-connected disabilities. For that reason veterans should receive both payments and not have one offset the other.
- Repeal of the Dependency and Indemnity Compensation-Survivor Benefit Plan Offset: Under current law, the survivors of veterans who die as a result of service-connected causes are entitled to compensation known as dependency and indemnity compensation, DIC. In addition, military retirees can have deductions from their pay to purchase a survivors annuity. This is called the Survivor Benefit Plan, SBP. However, if the military spouse dies from service-connected causes his or her survivors will receive a SBP payment offset dollar for dollar by the amount of the DIC payment they receive. Like the offset between military retiree pay and VA disability payments, this SBP/DIC offset unfairly denies beneficiaries the full amount of 2 programs that are meant to compensate for different loses.
- Improvement of the Veterans' Claims process and procedures: This legislation takes a new approach to improving the system for rating claims by creating an agency dedicated to electronically sharing clinical information between the VA and the DoD.

This legislation also amends other benefit programs important to veterans. S.1326 contains many other similar corrections and updates, bringing benefits into the 21st Century so that these programs are meaningful again. These are not controversial proposals. This legislation should strengthen the current VA system so that it can fully provide for those veterans already in the system and those thousands more returning from Iraq and Afghanistan and all over the world that will soon come to the VA for care.
Please advise me of your intentions. This bill was introduced by Sen. Bernard Sanders (I-VT) on 8 MAY 07 and referred to the Senate judiciary committee. To date only has two cosponsors .One way veterans and widows can ask their Senators for their cosponsorship and active support of this bill is to refer to http://capwiz.com/usdr/issues/alert/?al ... 1&queueid=[capwiz:queue_id]. Here they can automatically forward a preformatted request for support to their senator or draft their own message for forwarding. [Source: USDR Action Alert 23 Jul 07 ++]


VDBC UPDATE 19: The congressionally appointed veterans’ benefits commission decided 18 JUL, by a one-vote margin, to recommend ending the much-despised restrictions on granting full military retired pay and full veterans’ disability pay to anyone eligible for both payments, regardless of disability rating. Specifically, the commission proposed expanding eligibility for Concurrent Retirement and Disability Pay (CRDP) to retirees with 10 to 40% disability ratings and implementing full payment immediately (putting an end to the ongoing 10-year phase-in period). But the concurrent receipt recommendation passed by the commission would not protect troops who receive compensation for combat-related disabilities unless they served more than 20 years before becoming disabled. As such, it would leave out troops placed on medical disability retirement short of 20 years of service. The 13 commission members, meeting in Washington, also decided that it is unfair that the family members of troops who paid for a Survivor Benefit Plan (SBP) annuity, to replace the service member’s income after death, should have any of that payment offset by the amount of a separate monthly Veterans Affairs benefit paid if the troop died while on active duty under certain circumstances.

If Congress eventually enacts the recommendations, it would largely end the more than 100-year-old practice of requiring military retirees to have their retired pay reduced dollar-for-dollar by any amount received in veterans’ disability compensation paid by the VA. Congress enacted a plan several years ago to begin phasing out the offset for many troops, but many others still have their retired pay reduced. The commission stalemated by a 6-to-6 vote, on a version of the active-duty concurrent receipt plan that would have recommended expanding eligibility for concurrent receipt to those with less than 20 years of service (so-called Chapter 61 retirees). It also would have expanded Combat Related Special Compensation (CRSC) to Temporarily Early Retirement Authority (TERA) retirees. These are mostly officers who were offered early retirement during the 1990s drawdown to thin the ranks. There is pending legislation in Congress to include these groups in the concurrent receipt correction but this action will not help.

CRSC, paid to eligible disabled retirees whose conditions were the result of combat or combat like training, is designed to replace any offset in their retired pay. TERA retirees generally are ineligible for CRSC, because recipients must have served 20 or more years. A congressional adoption of the spousal concurrent receipt (SBP) issue would boost income for the roughly 63,000 surviving spouses who have some or all of their SBP annuities offset by the amount they receive in VA Dependency and Indemnity Compensation (DIC). DIC is a monthly benefit paid to survivors of a service member who died while on active duty, or a veteran who died due to a service-related injury or disease, or died from a nonservice-related injury or disease and who was receiving or about to receive VA compensation for a service-connected disability rated as totally disabling. All told, 313,000 surviving spouses are paid a total of about $4.1 billion in DIC each year, according to the commission. Eliminating the offset would cost taxpayers $660 million annually. The Veterans’ Disability Benefits Commission was established by Congress in 2004 to study all benefits related to death or disability brought about by military service. The Washington meeting of the commission is one in a series, all open to the public. They have been studying all veterans benefits for almost 4 years. Their final report is scheduled to be submitted to the White House and Congress in October so they are now voting on what positions they are going to take and recommendations they are going to make in several important areas. [Source: NavyTimes William H. McMichael article 19 Jul 07 ++]


VA RURAL ACCESS UPDATE 02: The Rural Veterans Healthcare Improvement Act of 2007 (S.1147) was introduced by Sen. Ken Salazar (D-CO) on 18 APR. It currently has 24 cosponsors signed on in support of the Act. This proposed legislation would build upon 2006 legislation by giving direction and resources to the Office of Rural Health and by making healthcare more accessible to veterans in rural areas. The bill tasks the Office of Rural Health with developing demonstration projects that would expand care in rural areas through partnerships between the VA, Centers for Medicare and Medicaid Services, and the Department of Health and Human Services at critical access hospitals and community health centers. The bill also instructs the Director of the Office of Rural Health to carry out demonstration projects in partnership with the Indian Health Service to improve healthcare for Native American veterans. The Act includes two key provisions that will help veterans in rural areas reach healthcare facilities.
1.) The bill establishes the VetsRide grant program to provide innovative transportation options to veterans in remote rural areas. The bill tasks the Director of the Office of Rural Health to create a program that would provide grants of up to $50,000 to veterans' service organizations and State veterans' service officers to assist veterans with travel to VA medical centers and to improve healthcare access in remote rural areas. The bill authorizes $3 million per year for the grant program through 2012.
2.) The bill increases the reimbursement rates for veterans for their travel expenses related to VA medical care so that they are compensated at the same rate paid to federal employee


S. 1146 also requires the VA to report to Congress on the assessment it is conducting of its fee-based healthcare policies. The VA's fee-based healthcare policy needs to be more equitable and efficient in helping veterans in rural areas obtain the health care they deserve. Veterans concerned with their VA rural health care availability are encouraged to contact their legislators and urge them to sign onto this bill. One way to do this is to refer to http://capwiz.com/usdr/issues/alert/?al ... 1314882681 and forward either a preformatted message or compose one of their own asking for their Senator’s support. If enough senators sign on the bill can move out of committee and onto the floor of the Senate for a vote. [Source: USDR Action Alerts 22 Jul 07 ++]


FILIPINO VET INEQUITIES UPDATE 03: In a meeting filled with political fireworks, the House Veterans’ Affairs Committee moved 17 JUL to fulfill a 61-year-old promise some World War II veterans. The way the committee plans to pay for it drew sharp criticism. To provide unprecedented benefits for Filipino World War II veterans who were drafted into service on behalf of the U.S., the committee voted to eliminate special pensions to some severely disabled, poor and housebound U.S. veterans. Specifically, by repealing a law passed by Congress in 2001 that provides assistance to elder veterans over 65 who are indigent, severely disabled and housebound. That prompted a Republican revolt against the Filipino Veterans Equity Act of 2007 H.R.760, even though many Republicans on the committee support giving pensions to Filipino veterans and their survivors. The measure which also includes an increase in mileage reimbursement rates for veterans traveling long distances for health care, and expanding GI Bill benefits to include paying for truck-driver training classes ended up passing by voice vote, but not before some heated debate.

In an unusually angry committee meeting, Rep. Bob Filner (D-CA) the committee chairman and a longtime advocate for Filipino pensions, was determined to pass the measure. At one point, he called a recess so he and other Democrats could plan strategy. After winning a party-line vote to reject a Republican amendment to block the plan, Filner refused to recognize Republicans trying to offer any more amendments to the bill while the committee’s ranking Republican and former chairman, Rep. Steve Buyer of Indiana, shouted again and again, “It is appalling. It is unbelievable. There are repercussions for this.” The Filipino veterans’ provisions in HR 760 are similar to a plan passed by the Senate Veterans’ Affairs Committee in S0057. It would provide full veterans’ status to Filipino veterans and their survivors, including disability pay for service-connected disabilities, survivor pay for service-connected deaths and pensions and death benefits, payable at the same rate as for U.S. veterans for Filipinos living in the U.S., and at reduced amounts for non-U.S. citizens living outside the U.S.

Filner said the bill “addresses injustices going back to World War II” and sends a sign to all veterans that the U.S. keeps its promises. “To those who say we cannot afford to pay this debt, I say we cannot afford not to,” he said. Buyer, who led the charge against the bill, said he didn’t want to take money from one veteran to give to another. “It is unconscionable that the Democrats voted today to deny elderly, indigent, severely disabled or housebound American veterans the special monthly pension in order to finance a new entitlement program to benefit Filipino veterans,” Buyer said. The disputed method of paying for the bill is a clarification of eligibility for a $2,200 special annual payment to disabled veterans who cannot leave their homes. Initially intended to cover just indigent veterans who were totally disabled, the benefit was challenged by a blind veteran, who won a decision in the Court of Appeals for Veterans Claims that ruled in 2006 that veterans with disabilities of 60% or greater could also qualify. By restating the law to again restrict the benefit to those who are 100% disabled, the bill claims $1 billion in savings over 10 years that could be used to pay for the new benefits for Filipino veterans. Filner said he wasn’t denying anyone anything, but simply clarifying the law. The Senate Veterans’ Affairs Committee did the same thing, he noted. Buyer, however, said he does not see the issue “as a mere technicality.” His amendment to block the Filipino veteran pensions failed on a 16-13 vote. [Source: NavyTimes Rick Maze article 18 Jul 07 ++]


FILIPINO VET INEQUITIES UPDATE 04: Republicans on the House Veterans Affairs Committee are trying to scuttle a committee-passed plan to provide pensions for World War II-era Filipino Scouts by getting a major veterans’ service organization to question whether this is the highest priority for improved benefits. In a letter, the 13 Republicans on the committee complain about being blocked on 17 JUL from offering amendments that would have redirected the $875 million being spent on disability pay and pensions for Filipino veterans, including those who are not American citizens and who don’t even live in the U.S. “Each amendment proposed alternative ways to spend the money going to Filipino veterans,” the letter says. Two amendments would have reduced the pensions, which would total up to $8,400 a year for a married veteran, and shifted the rest of the money to programs that Republicans see as higher priorities. Two other blocked amendments would have eliminated the Filipino benefits altogether to increase payments for 100% disabled veterans and survivors of veterans who have died of service-connected causes.

Republicans complain that the committee chairman, Rep. Bob Filner (D-CA) used an “unprecedented” procedure of calling for a final vote while Republicans were trying to offer the amendments. Filner said he saw no amendments in front of him, so he didn’t recognize anyone to offer an amendment. Rep. Steve Buyer of Indiana, the former chairman and now ranking Republican member of the committee, said amendments were there but Filner simply chose to cut off debate. By writing the veterans’ groups and including copies of the amendments with the letter, Buyer and the other Republicans are trying to create seeds of doubt about the bill, H.R.760, before it is brought up for debate on the House floor. A Democratic committee aide said Filner’s staff had seen the letter but had no immediate comment. Filner said during the 17 JUL session in which the bill was passed that he was trying to fulfill a promise made at the end of World War II to provide benefits to people who fought on behalf of U.S. interests but were not part of the U.S. military. He stressed that he is not acting alone; the Senate Veteran’s Affairs Committee has approved a similar bill with similar benefits. The Senate bill also created controversy over spending money on benefits for noncitizens at a time when U.S. veterans can expect long delays in getting their benefits claims and pensions approved because of a backlog in processing requests, which has raised questions about the wisdom of expanding benefits. [Source: ArmyTimes Rick Maze article 24 Jul 07 ++]


COMMON ACCESS CARD (CAC): A House committee passed legislation 19 JUL that would render the Pentagon’s new ID cards illegal. The Next Generation Common Access Card, developed to increase military ID card security and effectiveness, is currently given to service members and government employees only as old ID cards expire. DoD began issuing the HSPD-12 card in OCT 06. Among other security improvements, the new CAC system removed the holder’s Social Security number from the card’s face and instead includes it in the magnetic strip. But the “Social Security Number Privacy and Identity Theft Prevention Act of 2007”H.R.3046 passed unanimously by the House Ways and Means committee, would prohibit the government from not only displaying Social Security numbers on any ID cards, but also embedding the numbers in card magnetic strips or electronic chips. The bill contains no provisions or exemptions that would allow the Social Security number to be embedded or included on cards. The bill may be amended during floor debate to grant an exemption for military ID cards or allow the numbers to be included if they are sufficiently encrypted, committee staff said. Pentagon officials declined to comment on pending legislation, but said Defense Department is working to remove the data from the cards. Committee staff said the provision is meant to protect service members from identity theft. Even when placed in a magnetic strip, they said, the information can still be stolen. Similar bills have cleared the committee twice in the past eight years but have never become law. The current legislation has 24 cosponsors and broad bipartisan support. For additional info on CAC refer to https://www.cac.mil/Home.do.

In the interim Rep. Louie Gohmert (R-TX) introduced a bill 23 JUL ordering a Pentagon study of using distinct military ID numbers instead of Social Security numbers on all military IDs. The study would have to be done one year from when the bill, HR 3128, becomes law. Gohmert is one of a growing number of lawmakers who are concerned that having Social Security numbers on ID cards makes service members more likely to be victims of identity theft. Pentagon officials have said they want to drop Social Security numbers from the cards, but it’s not as simple as it sounds because so much of the military’s payroll and personnel systems use the number as a primary means of identification. That the number has become a key identifier for more than just tracking Social Security earnings is one of the chief reasons there is a push to stop its wide use. [Source: NavyTimes Amy Doolittle article 20 Jul & Rick Maze articles 26 Jul 07 ++]


SELECTIVE SERVICE SYSTEM (DRAFT) UPDATE 05: A new congressional report finds little reason to consider a return to a military draft and lots of problems if conscription were restored. In a report released 19 JUL, the Congressional Budget Office says drafting people into the Army could make it easier for that service to expand its active-duty force to 547,000 people by 2012, the current goal, and could save a little money in the process, especially if Congress were to reduce basic pay levels for draftees in comparison to pay for volunteers. However:
- A force of draftees would be younger and less experienced, which could affect readiness. Usually, greater accumulated knowledge and skills come with increased experience.
- Because most draftees leave after completing a two-year obligation, a draft might affect the services’ ability to perform those functions efficiently.
- A draftee force has higher training costs, but there are savings from lower expenses for advertising, enlistment bonuses and recruiters. But the report says that may not be a wise tradeoff.
- Although including draftees in the force could yield budgetary savings, that force would not be as effective as if the same increase in end strength was achieved using only volunteers because average seniority would fall.
- To get an equally effective force with draftees, the Army would have to be bigger, and bigger is more expensive.

By CBO’s estimates, the military would not need to draft more than 165,000 people a year and could use as few as 27,000. With 2 million men turning 18 in the U.S. each year, the low requirement for draftees could create a problem in deciding who goes and who stays home. And the U.S would have to face the question of whether to draft women, the report notes. Matthew Goldberg, deputy assistant director of CBO’s national security division, said the report comes at a time when the all-volunteer force created at the end of the Vietnam War is undergoing its biggest test in Iraq, and when there are concerns about whether the military can continue to fill the ranks when at war and whether the force is representative of the nation.
While the services (especially the Army) are having more difficulty recruiting, Goldberg described the problem as a little bit of slippage in the last two years that did not reflect any crisis. And, while people from the lowest and high family incomes in the U.S. are under-represented in the military, data on the people being deployed to the combat zone and the combat casualties do not show that minorities are over-represented, Goldberg said. If anything, Caucasians are slightly over-represented in both deployments and casualties, according to the report, which also notes that because unemployment rates for white youths have increased more than for black youths in recent years, there could be a trend in which even more white males to consider enlisting. [Source: NavyTimes Rick Maze article 20 Jul 07 ++]


VA VET CENTERS UPDATE 02: DVA officials said they are ahead of schedule on their plans open 23 new Vet Centers across the country over the next 15 months. Officials said they plan to open seven to 10 of the new centers before NOV 07, well ahead of the six they previously planned to complete by then, said Alfonso Batres, chief readjustment counseling officer of the Veterans Health Administration at the VA. “We have promised six new this year, and we are on schedule to beat that,” Batres said. “We did a lot of hard work, just getting out there, beating the bush.” Centers the VA will open for sure this year are located in Baton Rouge LA; Escanaba MI; Manhattan KS; Gainesville FL; and Macon GA. Batres said the agency is also negotiating leasing contracts for centers in: Grand Junction CO; Modesto CA; Las Cruces NM; Du Bois PA; Everett WA and Watertown NY. The VA estimates as many as five of those could open by early NOV. Rep. Michael Michaud, D-Maine., chairman of the House Veterans Affairs health subcommittee, said he was pleasantly surprised that the initiative is so far ahead of schedule. “It’s great news; we do everything we can to take care of our veterans,” he said. “I’m just very pleased with the Vet Centers. They do a great job.” Batres said the new centers program is projected to cost $14 million. That price tag includes adding new staff to 11 of the other 209 Vet Center. [Source: NavyTimes Amy Doolittle article 20 Jul 07 ++]


DOD DISABILITY EVALUATION SYSTEM UPDATE 04: In an effort to unify and shorten the current process some troops must endure with both the military and Veterans Affairs Department, DoD is proposing a joint disability rating system that would give seriously injured troops one physical exam and one review board while still on active duty. Bill Carr deputy undersecretary for military personnel policy said, “If successful, we will have cured many of the major maladies of the system.” Carr also announced during a hearing of the Veterans’ Disability Benefits Commission (VDBC) in Washington 12 JUL that the Pentagon will soon launch a pilot medical evaluation program in the Washington area. The idea, Carr said, is to adopt a mindset along the lines of, “Let’s create a new disability system.” Together, the moves could help refute widespread criticism of the Defense Department, and the Army in particular, following the scandal several months ago at Walter Reed Army Medical Center.

Among other issues, the Pentagon was criticized for having allowed the services to establish and run their own decentralized disability review systems, which led to charges that the Army has downplayed the severity of soldiers’ injuries and disability ratings in an effort to hold down budget costs. The Pentagon hopes to send to Congress by Thanksgiving a package of proposed legislation that would codify what Carr termed an ‘ideal system’. The effort will commence in AUG with a multi-week tabletop exercise, with actual physicians and service rating panels using test cases crafted to bring out and address concerns expressed to date. A retired Army officer who closely follows the debate and has testified before the commission says the Pentagon’s proposal is a major step forward. “The joint disability rating board is a very good and long-overdue idea,” said Michael Parker. “It will go a long way towards ensuring consistent disability evaluation policies and ratings. Having the VA rate the unfitting conditions will not only lead to more consistent and accurate ratings, it will also give the disabled service member a much-needed head start on his VA disability ratings and benefits.”

While the Pentagon’s plan might bring uniformity to the system within the Defense Department, it won’t help remedy what critics say is a major flaw in the system — that the Defense Department and VA often give different ratings for the exact same medical condition. Military personnel experts say that’s because the systems look at disabilities from different perspectives; the services focus on fitness for military duty, while the VA measures potential loss of future earnings. With that in mind, a single evaluation along the lines of what the Pentagon is proposing, Carr said, would allow for two possible appeals: an “unfit for duty” finding could be appealed to the Defense Department, and/or the disability rating could be appealed to VA.

Under the present DoD system if doctors suspect an injured service member might have difficulty continuing to serve, he or she is sent to a medical evaluation board. If the board decides the member’s condition might warrant ending his or her service, the case is forwarded to a physical evaluation board (PEB). The PEBs are formal military fitness-for-duty and disability determination boards that can recommend:
* Placement on the temporary disabled retired list, or TDRL, if there is a chance the condition might improve with time.
* Separation from active service, possibly with a one-time, lump-sum severance payment.
* Placement on permanent medical disability retirement, with lifetime retired pay, military health care and other benefits.
* A return to duty, with or without assignment limitations.

If the PEB decides unfit for duty, it determines if compensation is warranted. If so, it is rated on a scale from zero to 100%. The rating determines the nature and amount of DoD disability benefits. A rating of at least 30% is required for permanent medical disability retirement. Only after a member is medically retired or simply separated, can he or she go on to seek VA compensation and benefits if they choose. However, that requires a new physical evaluation and a forced weave through yet another bureaucratic maze — not to mention waiting for a decision from the VA, which currently has a backlog of hundreds of thousands of pending benefits claims that it has been unable to contain. [Source: NavyTimes William H. McMichael article 20 Jul 07 ++]


USERRA UPDATE 02: National Guard and Reserve members often aren’t aware of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which spells out what benefits employers are required to maintain after they’re called to active duty. It is common knowledge that USERRA essentially guarantees activated servicemembers the right to return to the same or equivalent job for call-up periods of up to five years, or longer for certain specialties. Not so common is knowledge on the other key protections are covered by USERRA. Seniority escalation, pension benefits, and healthcare coverage also are generally protected. This means a company cannot deny you a promotion, discontinue your pension plan coverage, or deny you reinstatement in your healthcare plan (including adding new restrictions on pre-existing conditions) due to your military service. You also have the ability to fund [make up] 401(k) or similar retirement plan contributions for periods covered by deployment. You have up to three times the deployment period – not to exceed five years – to make back payments, and the employer is obligated to match any contributions under the normal rules for the retirement plan. To ensure you retain your rights under USERRA you must:
- Ensure that your employer receives advance written or verbal notice of your service;
- Have five years or less of cumulative service in the uniformed services while with that particular employer;
- Return to work or apply for reemployment in a timely manner after conclusion of service; and
- Have not been separated from service with a disqualifying discharge or under other than honorable conditions.

Most employers are good about supporting deployed servicemembers, complying with both the spirit and the letter of the law. However, there have been cases of serious USERRA violations against servicemembers returning from deployment. The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1(866) 487-2365 or visit its website www.dol.gov/vets. At www.dol.gov/elaws/userra.htm an interactive online USERRA Advisor can be utilized. If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, depending on the employer, for representation. You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA. Federal law requires employers to notify employees of their rights under USERRA. [Source: MOAA News Exchange 19 Jul 07 ++]


VET CEMETERY MARYLAND: Continuing its mission of providing a final resting place for Maryland veterans, the Department of Veterans Affairs (VA) has announced the award of a $1.9 million grant to expand the Crownsville Veterans Memorial Cemetery. The grant will pay for construction of 2,434 full-casket burial sites, 1,087 in-ground cremation burial sites, 1,056 columbarium niches, utilities, landscaping and irrigation. Maryland has four other VA-funded state cemeteries: the Cheltenham Veterans Cemetery; the Eastern Shore Veterans Cemetery in Hurlock; the Garrison Forest Veterans Cemetery in Owings Mills; and the Rocky Gap Veterans Cemetery in Flintstone. VA’s State Cemetery Grants Program complements VA’s 125 national cemeteries across the country. The program helps states establish, expand or improve state veterans cemeteries. Information on VA burial benefits can be obtained from national cemetery offices, from the VA Web site on the Internet at http://www.cem.va.gov or by calling VA regional offices at 1(800) 827-1000. Information about Maryland’s veterans cemeteries can be obtained from the Maryland Department of Veterans Affairs at http://www.mdva.state.md.us/ or by calling (410) 923-6981. To date, the VA program has helped establish 66 veterans cemeteries in 35 states, Saipan and Guam, which provided more than 22,000 burials in fiscal year 2006. Since the program began in 1980, VA has awarded 156 grants totaling nearly $286 million. [Source: VA News Release 13 Jul 07 ++]


TRICARE DATA BREACH: A limited amount of Tricare beneficiary data may have been placed at risk through a violation of internal computer security practices at Science Applications International Corporation (SAIC). The government contractor handling sensitive health information for 867,000 U.S. service members and their families acknowledged yesterday that some of its employees sent unencrypted data -- such as medical appointments, treatments and diagnoses -- across the Internet. It is illegal to transmit unencrypted health information over the Internet. The files that were transmitted related to military members, Coast Guard employees and retirees using military hospitals and health clinics in Europe and the United States. Analysis shows the chance any data was compromised is low, but action is being taken to ensure that affected Tricare beneficiaries are kept informed. The incident occurred when patient data was stored in a manner that did not meet security specifications for the DoD or SAIC. The information was held on a single, SAIC-owned server at an SAIC location in Florida. The server, which was not behind a firewall and did not contain adequate password protections, is no longer in use. The data, which was processed by SAIC under several military health care contracts, may have included personal information such as beneficiary names, addresses, social security numbers, birth dates, and limited health information.

SAIC is mailing letters from Army Major General Elder Granger, Deputy Director, Tricare Management Activity and retired Marine Corps Major General Arnold L. Punaro, SAIC executive vice president, to approximately 580,000 households informing beneficiaries of the potential risk. Letters will arrive the week of 23 JUL and also contain consumer identity protection information. SAIC is also making a call center available to handle questions. The no toll number for the United States 1(888) 862-2680; and a collect-call number 1(515) 365-3550.for overseas residents is included with the letters. The center will be staffed with identity theft specialists who will answer concerns about the incident as well as provide callers with general information on credit, fraud and identity theft matters. Affected beneficiaries are being offered a free, one-year subscription to an identity restoration service. The centers will be staffed M-F 08-2400 EST until further notice. Links to additional information can be found at the Tricare Web site “press room” at www.tricare.mil/pressroom/. Information on steps Tricare beneficiaries can take to protect themselves from identity theft is available at www.tricare.mil/tmaprivacy/itpr.cfm.

The disclosure comes less than two years after a break-in at SAIC's headquarters that put Social Security numbers and other personal information about tens of thousands of employees at risk. The security breach underscores the systemic problems in corporate and government security systems and the vulnerability of military and contractor systems to attack. In recent months, e-mail systems at military colleges have been attacked and briefly shut down. Last fall, hackers operating through Chinese Internet servers shut down a Commerce Department bureau computer system for more than a month. And a year ago, hackers stole sensitive information from State Department unclassified computers. In an April report, the Government Accountability Office reported that 21 of 24 federal agencies say they have significant weaknesses in information security controls and that a Department of Homeland Security unit reported a record level of information-security incidents throughout the federal government last year. [Source: TMA Press Release 20 Jul & Washington Post article 21 Jul 07 ++]

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SDVOSB PROGRAM: For a veteran who suffers service-connected disability, our Government has deemed it our moral obligation to provide the disabled veteran a range of benefits designed to ease the economic and other losses and disadvantages incurred as a consequence of serving his or her country. These benefits include Government assistance for entering the Federal procurement marketplace. To achieve that objective, agencies shall more effectively implement section 15(g) of the Small Business Act (15 U.S.C. 644(g)), which provides that the President must establish a goal of not less than 3% for participation by service-disabled veteran businesses in Federal contracting, and section 36 of that Act (15 U.S.C. 657f), which gives agency contracting officers the authority to reserve certain procurements for service-disabled veteran businesses. President Bush issued Executive Order 13360 on 20 OCT04 to strengthen opportunities in Federal contracting for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. The Veterans Benefits Act of 2003 permits contracting officers to award sole-source contracts to any small business concern owned and controlled by service-disabled veterans if:
- The officer does not expect that two or more service-disabled veterans small business owners will submit offers for the contract;
- The expected award price of the contract (including options) will not exceed $3 million for non-manufacturing SIC code contracts; and
- In the estimation of the contracting officer, the contract can be made at a fair and reasonable price.

A Service-Disabled Veteran is a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable, and whose disability was incurred or aggravated in line of duty in the active military, naval, or air service. There is not a minimum disability rating. A veteran with a 0 to 100% disability rating is eligible to self-represent as a Service-Disabled Veteran for Federal contracting purposes. The concern must be:
- A small business pursuant to the North American Industrial Classification System (NAICS) code assigned by the Contracting Officer to the procurement;
- 51 % unconditionally and directly owned by one or more Service-Disabled Veterans or in the case of any publicly owned business, not less than 51% of the stock of the company is owned by one or more Service-Disabled Veterans; and
- The management and daily business operations of the SDVO SBC must be controlled by one or more service-disabled veterans (or in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran).

SDVOSB program’s purpose is to assist agencies in achieving the statutorily mandated 3% government-wide goal for procurement from service-disabled veteran-owned SBCs. When drafting the Veterans Benefits Act of 2003, Congress found that agencies were falling far short of reaching this goal. Consequently, the legislative history specifically states that Congress urges the SBA and the Office of Federal Procurement Policy to expeditiously and transparently implement this program. In support of this Anthony R. Martoccia, director of the office of small business programs at the Pentagon wants disabled vets to know there is a strong focus by Defense Secretary Robert M. Gates and other senior officials to ensure the program is fully implemented and that Military contracting officers in the field are on the lookout for disabled-veteran-owned businesses to provide services for the government. More than 24,000 servicemembers have been wounded or injured on duty since the global war against terrorist began on 9/11. Many of these veterans have had to leave the military because of disabling injury. The SDVOSB program is geared toward helping them establish second careers as entrepreneurs who do business with the Defense Department. The program, he added, is open to disabled veterans from all the nation's wars. Last year, the SDVOSB program registered more than 5,000 businesses. Today, disabled-veteran-owned businesses account for more than $1 billion in government contracts. Pentagon officials are putting the word out to military contracting officers about the government wide goal to award 3 percent of contracts to businesses owned by disabled veterans. For additional info on SDVOSB refer to http://www.acq.osd.mil/osbp/programs/veterans/. [Source: American Forces Press Service Gerry J. Gilmore article 18 Jul 07 ++]


FEDERAL STUDENT AID UPDATE 01: U.S. Senator Evan Bayh (D-IN) has introduced the Interest Relief Act (S.1822). Under the Act interest would not accrue on federal student loans for active duty soldiers and their spouses. The Congressional Research Service estimates for those activated for 12 to 15 months, the bill could mean an average savings of between $1,183 and $1,479 in interest over their activation period. Senator Bayh said, “The principle behind this bill is very simple: When Americans go off to serve their country during time of war, the government should not charge interest on their federal student loans. This is relief we can and should provide for our soldiers right now.” If approved eligibility would include active duty soldiers of any branch of the military, including reserve units and the National Guard and their spouses, who have student loans through the Federal Direct Loan Program. The interest accrual deferment could be for up to five years while on active duty. Members of the armed forces can already defer payments on their student loans while on active duty, but the interest continues to accrue.

Many servicemembers take advantage of educational benefits through the G.I. Bill following their service. However, those who enter the service or are activated after they’ve completed a few years of college, earned their degree or exhausted their G.I. Bill benefit time limit have often used student loans to finance their education. Senator Bayh said, “By deferring interest accrual for those who have student loans, we remove one more hurdle that our soldiers and their families face when they are planning their future after active duty service. This relief could shave a few months off student loan repayment obligations, which could mean military families are a few months closer to buying their first home, starting a business, or contributing to a child’s college fund.” The Interest Relief Act would apply only to student loans awarded through the Federal Direct Loan Program, which provides financial aid for college to student and parent borrowers directly through the U.S. Department of Education. Under Federal Student Aid programs interest charged on loans is variable up to 8.5%. For info on these programs refer to http://education.military.com/money-for ... tudent-aid and/or http://www.ed.gov/offices/OSFAP/DirectLoan/about.html. [Source: Senator Bayh Press Release 17 Jul 07 ++]


SBA VET ISSUES UPDATE 05: The U.S. Small Business Administration (SBA) began accepting applications from lenders 19 JUL on behalf of borrowers in its new Patriot Express Pilot Loan Initiative for military community entrepreneurs. Patriot Express is a streamlined loan product based on the agency's highly successful SBA Express Program. Patriot Express is available to military community members including veterans, service-disabled veterans, service members leaving active duty, Reservists and National Guard members, current spouses of any of the above, and the widowed spouse of a service member or veteran who died during service, or of a service-connected disability. More than 150 banks have already been approved to participate in Patriot Express. The Patriot Express Pilot Loan Initiative can be used for most business purposes. Details on the initiative can be found at www.sba.gov/patriotexpress. [Source: Gulf Breeze News article 19 Jul 07 ++]


CHRONIC LYMPHOCYTIC LEUKEMIA (CLL) UPDATE 01: An appeals court chastised the Department of Veterans Affairs on Thursday and ordered the agency to pay retroactive benefits to Vietnam War veterans who were exposed to Agent Orange and contracted a form of leukemia. “The performance of the United States Department of Veterans Affairs has contributed substantially to our sense of national shame,” the opinion from the 9th U.S. Circuit Court of Appeals read. It was not immediately known how much the department would have to pay under the order or how many veterans would be affected. VA spokesman Phil Budahn said late Thursday that officials were reviewing the ruling, and declined further comment. The VA agreed in 2003 to extend benefits to Vietnam vets diagnosed with chronic lymphocytic leukemia, known as CLL. U.S. troops had sprayed 20 million gallons of Agent Orange and other herbicides over parts of South Vietnam and Cambodia in the 1960s and ‘70s to clear dense jungle, and researchers later linked CLL to Agent Orange. But the VA did not re-examine previous claims from veterans suffering from the ailment, nor did it pay them retroactive benefits, which was at the heart of the latest dispute.

The 19 JUL opinion was on a technical matter involving whether a lower court had properly interpreted a landmark agreement in 1991 on benefits, stemming from a class-action lawsuit originally filed in 1986. The appeals court sided with veterans groups who said the veterans were entitled to retroactive benefits. “We would hope that this litigation will now end, that our government will now respect the legal obligations it undertook in the consent decree some 16 years ago, that obstructionist bureaucratic opposition will now cease, and that our veterans will finally receive the benefits to which they are morally and legally entitled,” Judge Stephen Reinhardt wrote in the court’s opinion. Richard Spataro, a lawyer with the National Veterans Legal Services Program, said Thursday’s ruling could finally halt years of legal battles - if the VA does not appeal to the U.S. Supreme Court. Spataro said if researchers link other disabilities to Agent Orange the decision will prevent the VA from denying retroactive benefits for those veterans, too. [Source: Associated Press Scott Lindlaw article 19 Jul 07 ++]


MEDICARE ADVANTAGE PLANS UPDATE 01: Senate investigators recently learned that insurance agents in at least 39 states used illegal or unethical tactics to sell private Medicare health plans, known as Medicare Advantage plans. Insurers have signed up unwitting consumers by using "bait and switch" tactics, forging signatures, using personal information stolen from federal records, and even by submitting applications for deceased individuals. The New York Times reported that Albuquerque cancer specialist, Dr. Barbara L. McAney, said that many of their patients who signed up for such plans "suddenly found that they had huge new co-payments — $1,250 every three weeks for a combination of five intravenous chemotherapy drugs." Agents of the private plans have worked out of booths in discount stores or tables set up in front of grocery or drug stores. Seniors might think they are signing up to get drug coverage or just more information. Then, if they later require hospitalization or other costly services, they may learn there are higher co-payments than normally would be charged under traditional Medicare.

Enrollment in Medicare Advantage plans has exploded in the past year with one out of five Medicare beneficiaries enrolled. The Medicare Payment Advisory Commission has acknowledged that the government pays the private plans 12% to 19% more than it would cost Medicare to serve the same people. The non-partisan Congressional Budget Office estimates that the cost for these extra payments will amount to $65 billion over the next five years. These extra payments are passed on to all Medicare beneficiaries in the form of higher Part B premiums. According to a new report from the Medicare Rights Center (MRC), "private health plans often fail to deliver what they promise. Plan members encounter an obstacle course when trying to get care and coverage, and they may pay more out of pocket costs than what they would have in Original Medicare," the report says. The report is based on MRC's experiences in helping Medicare beneficiaries. According to MRC there are common problems people have in Medicare Advantage plans, but many people only discover these flaws after they have joined the plan and most cannot switch until the following year. Problems can include:
- Care that costs more than it would under traditional Medicare.
- Difficulties in getting emergency or urgent care and care away from home.
- Choice of doctor, hospital and other providers is restricted.
- Promised extra benefits can be very limited.

The Centers for Medicare & Medicaid Services (CMS) responded to the misleading practices by announcing that seven insurance companies; United Healthcare, Humana, WellCare, Universal American Financial, Coventry Health Care, Sterling Life Insurance and BlueCross BlueShield of Tennessee, will suspend marketing Medicare Advantage private fee-for-service plans until they meet six basic conditions, although the insurers can still sell policies to consumers who ask for them. Since the plans are cooperating with CMS voluntarily, it remains to be seen how effective they will be in policing their own marketing. The Senior Citizens League (TSCL) believes that Congress must provide strong oversight and consumer protections under the Medicare Advantage program. In addition TSCL calls on Congress to stop paying Medicare Advantage plans more than other Medicare supplemental plans. Doing so would save money for both the government and slow the rise of Part B premiums. Congress would be more inclined to provide proper oversight on this program if they knew how many of their constituents intend to closely monitor how this issue is dealt with. [Source: The Social Security & Medicare Advisor Aug 07 ++]


MEDICARE ADVANTAGE PLANS UPDATE 02: U.S. Rep. Gus Bilirakis (R-FL-09) on 19 JUL expressed his deep displeasure with both the Centers for Medicare and Medicaid Services (CMS) and the Social Security Administration (SSA) for their inability to sort our seriously delayed refunds owed to his constituents. “We need to get to the bottom of this. It is completely unacceptable that my constituents have been waiting so long for their refunds," Bilirakis said. "I urge the responsible parties to get this cleared up, and immediately inform us as to the status of these requests.” In a two-paged letter sent to CMS Acting Administrator Leslie Norwalk, Bilirakis cited more than 200 cases of constituents enrolled in Medicare Advantage plans, which cover Medicare Part B premiums, who still had the premiums deducted from their Social Security checks. In some cases, these erroneous deductions went on for more than 12 months at a cost often exceeding $2,000. “These delays have created a serious financial strain on my constituents, many of whom rely on their Social Security checks as their primary source of income,” wrote Bilirakis, who sent the letter after repeated unsuccessful attempts to get the status of his constituents’ cases. “I am deeply troubled that many of them have been forced to forego rightfully deserved Social Security payments because of bureaucratic backlogs and unresponsiveness from federal officials.” Also on 19 JUL, Bilirakis supported an amendment to the Fiscal Year 2008 Labor, Health and Human Services Appropriations bill that would prohibit funds from being used to pay performance-based bonuses of senior officials at both CMS and SSA.

Editor Comment: Rep. Bilirakis” letter only addressed the situation with constituents residing in Florida’s 9th District which he represents. This is a nationwide ongoing problem which SSA & CMS management officials seem unable to cope with. One out of five Medicare beneficiaries are enrolled in advantage plans. If enough Medicare beneficiaries in the same boat were to contact their representatives for assistance in obtaining their refunds, perhaps Congress would exert enough pressure through letters and oversight committee hearings to get these officials to do their job. Taking action on pay performance-based bonuses to senior officials is an excellent way to start to get their attention. [Source: Rep. Gus Bilirakis Press Release 19 Jul 07 ++]


MEDICARE EXTRA HELP PROGRAM UPDATE 01: Recently, the House and the Senate held hearings on the Centers for Medicare and Medicaid Services' oversight of the prescription drug benefit under which millions of Medicare beneficiaries are not receiving the savings on Part D drug benefits that they are entitled to. Lawmakers criticized the agency's efforts to enroll low-income seniors in the ‘Extra Help’ program, and to protect seniors from administrative problems and aggressive insurer s ales tactics.
According to government estimates, about 3.4 million low-income Medicare beneficiaries qualify for, but are not receiving ‘Extra Help’ benefits. This is the program that provides assistance with premiums, deductibles, co-insurance costs, and valuable coverage during the Part D doughnut hole coverage gap. Seniors who already receive Medicaid automatically receive the coverage, but many more whose incomes are below 150% of the federal poverty level, and who do not receive Medicaid must apply on their own through the Social Security Administration for the coverage. Once found eligible, seniors still must enroll in a Part D plan to get the coverage.

Advocates say many individuals don't understand the difference between the prescription drug benefit and ‘Extra Help.’ Some beneficiaries thought that once they were approved for ‘Extra Help’ they were automatically enrolled in a prescription drug plan. According to data from the Social Security Administration, about 47% of the applications for ‘Extra Help’ are denied due to financial assets being too high, even though applicants met income requirements. In 2007 individuals qualify for ‘Extra Help’ if they have an income of less than $15,315 and assets (savings) of less than $11,710. Couples qualify if they have a combined income of no more than $20,535 and assets of $23,410. The government does not count such things as a primary residence, a car, a burial plot or certain other personal possessions. For those who qualify, the program can save thousands of dollars. In 2007 seniors without ‘Extra Help’ must spend $3,850 out-of-pocket before catastrophic coverage begins, and that doesn't include the cost of premiums.

On 3 MAY 07, the Seniors Citizen League (TSCL) submitted a Statement for the Record on the Medicare Programs for Low-Income Beneficiaries to the House Ways and Means Subcommittee on Health with solutions to increasing enrollment numbers. TSCL suggested the government:

- Make information about the programs more available. Currently, many seniors don't even know about them. Provide additional funding for more trained Medicare benefits counselors to help seniors apply for the financial assistance and enroll in an appropriate Part D plan.
- Eliminate the asset test. Basing an individual's eligibility for low-income Medicare programs like ‘Extra Help’ on income should be sufficient. At the very least, asset limits should be increased so more low-income seniors would qualify.
- Make eligibility requirements and enrollment requirements for Part B and Part D low-income programs uniform. Currently, eligibility requirements for Part B and Part D programs are different, and beneficiaries must apply at different agencies for each. Beneficiaries should be able to apply and be automatically found eligible for both at the same time.
- Use IRS data to screen for low-income seniors. The government already screens for Medicare beneficiaries whose incomes are high enough to subject them to paying higher Means Tested Part B premiums. Low-income seniors should be screened at the same time for low-income Medicare programs.

The Prescription Coverage Now Act ( H.R 1536) introduced by Representative Lloyd Doggett (TX-25) addresses some solutions to this problem. The bill would increase asset test limits from $11,710 to $27,500 for individuals and from $23,410 to $55,000 for couples; authorizes the Social Security Administration access to the limited use of IRS data to locate potential low-income beneficiaries; and calls for coordination between low income programs in Part B and Part D. The bill currently has 170 cosponsors. [Source: The Social Security & Medicare Advisor Aug 07 ++]


MEDICARE DEDUCTIBLES: Medicare has three Parts: A (hospital), B (doctors and hospital outpatient) and D (prescription drugs). Each has a deductible and each increases every year. In 2007 the Medicare deductibles (annually) are: Part A — $992, Part B — $131, and Part D — $265. A deductible is the amount of money you must pay before your coverage starts. Many Medicare supplements (Medigap policies), Medicare Advantage plans, and drug plans cover Medicare's deductible as part of the coverage you purchase. Medigap polices "B" through "J" pay the Part A deductible only and Plans "C", "F" and "J" also cover the Part B deductible. Medicare Advantage Plans and prescription drug plans may or may not have a yearly deductible depending on the type of plan you choose. There are also federal and state government programs for low-income seniors that provide assistance for this cost. The Part B and Part D deductible period starts on 1 JAN of each year and ends on 31 DEC. If you were healthy during the year, but require doctor's services in November for the first time and the charge is $100, then you (or possibly your supplemental insurance plan) will have to pay that charge. If you don't see the doctor again until January, you start a whole new deductible period. If he charges you $100 again, then you or your insurer will pay the $100 again. The Part A deductible, however, is charged "per spell of illness" and it's feasible that you could have to pay it more than one time in a year should you require multiple hospitalizations the same year.

Generally, you pay higher premiums for plans that have no deductibles. All too often, though, Medicare consumers pay premiums that far exceed the cost of the deductible because they don't do the math. Having a plan that pays the Part A (hospital) deductible of $992 makes sense, because just one trip to the hospital could take your entire month's Social Security benefit. Having a plan that covers Part D deductible generally is the better choice if you must take a lot of monthly prescriptions or if you have high drug costs. If you only require a few prescriptions or low cost generics, you might find that by going ahead and paying the deductible you recover that cost in much lower premiums. The only way to tell is by using Medicare's Drug Plan Finder to compare plan costs based on the prescriptions you take. This can be viewed at http://www.medicare.gov/MPDPF. Medicare Advantage plans require very careful scrutiny of potential costs. Some plans have lured seniors with low premiums and deductibles, only for enrollees to discover high undisclosed costs later. To learn more about Medicare deductibles refer to www.Medicare.gov or call 1-(800) 633-4227. [Source: The Social Security & Medicare Advisor Aug 07 ++]


VA COMP PAYMENT DISPARITY UPDATE 08: Some injured veterans continue to be shortchanged in their government disability pay depending on where they live because of wide disparities from state to state, an internal study concludes. The 1 1/2-year investigation, conducted by the Institute for Defense Analysis, is the first to examine scientifically the reasons behind the Veterans Affairs' uneven handling of veterans’ claims for disability compensation. It was launched by the VA following reports in 2005 of wide differences in payments. The 50-page report, made available to The Associated Press, found that average annual disability payments swung widely - from $7,556 in Ohio to $12,395 in New Mexico. Nationwide, the average pay was $8,890. Illinois, which was the lowest in the nation in 2004 at $6,961, was the seventh lowest at roughly $7,816. David Hunter, who compiled the study said, "The process by which VA adjudicates claims has potential for producing persistent regional differences in rating results. For certain claims, different raters could reasonably arrive at different results."

Since reports of disparities emerged in 2005, the VA has struggled to explain them. It has largely blamed problems on demographic factors beyond its control; for instance, whether a particular state had more Vietnam veterans, who on average receive higher payments, or whether a veteran had legal help when making a claim. But the study released to the AP found that roughly one-third of the problems could be blamed on poor VA standards and inadequate training. As a result, disability raters in VA regional offices often had too much power and discretion to decide how much pay a veteran was entitled. The report also faulted the VA for not collecting data on certain types of claims, such as how many post-traumatic stress disorder cases are rejected. As a result, it was impossible to determine whether part of the disparity might be due to a VA office inappropriately rejecting a high number of claims for PTSD, a signature injury of the Iraq war. Some Soldiers and veterans groups have charged that Army disability review boards, which are under the Pentagon's purview, unfairly reject PTSD claims to avoid paying disability pay. No data was available to determine whether that might be the case for the VA, the report said. Among the findings:
- PTSD claims generate among the highest disability pay, averaging $20,000 each year to more than 200,000 veterans. While VA staff expected PTSD claims would be more subjective from state to state, their ratings were actually more stable compared with other injuries and illnesses, such as cardiovascular problems.
- Veterans who receive legal help or aid from advocacy groups receive on average $11,162, compared with $4,728 for those who go it alone. Currently about two-thirds of veterans get such advocacy help; the highest representation is in North Dakota (81.9%), while the lowest is in Maryland (44.8%).
- Vietnam veterans received annual awards of $11,670, compared with $7,410 for those who fought in other wars. The lowest pay was given to Gulf War veterans - $6,506.

The report comes as the Bush administration races to improve its veterans care system following disclosures earlier this year of shoddy outpatient treatment at the Pentagon-run Walter Reed Army Medical Center. Both Congress and a presidential commission are considering sweeping measures that could shift more responsibility for rating a veterans' disability from the Pentagon to the VA - a move that some veterans advocates say could further strain an already backlogged VA system. In interviews, Patrick Dunne, VA's assistant secretary for policy, planning and preparedness, and Ronald Aument, the VA's deputy undersecretary for benefits, said they welcomed the findings and would take additional measures to improve training and oversight. Beside hiring hundreds of additional staff, the VA is beginning to collect more data on the types of claims rejected, standardizing procedures from office to office and improving collaboration with its medical personnel to ensure claims processors have enough information to make a decision based on objective criteria, Aument said. The agency also is doubling the size of its quality assurance program - currently 15 people - to review data and audit pay outcomes on a regular basis.
A separate review of the VA system for handling disability claims is also under way to determine how to cut through bureaucratic delays, confusing paperwork and long appeals processes as thousands of veterans return home from Iraq and Afghanistan. "If we work on accuracy, consistency will in turn follow," Aument said. [Source: Associated Press article 19 Jul 07 ++]


HORATIO ALGER SCHOLARSHIP: Recipients of a Horatio Alger Association Military Veterans Scholarship will receive $1,250 per year for veterans who are pursuing a BA/BS degree. Applications will be accepted from 2 JUL 07 through 28 SEP 07. Selected applicants must have met the following criteria:
- Be a veteran of Operation Enduring Freedom in Afghanistan or Operation Iraqi Freedom and be a recipient of one of the following campaign medals: Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War on Terrorism Expeditionary Medal (awarded for service in Afghanistan or Iraq only).
- Provide proof of a honorable service record under the United States Military.
- Intend to pursue a bachelor’s degree (BA or BS) at an accredited college or university in the United States (awardees may begin their studies at a two-year institution and then transfer to a four-year institution).
- Have no more than 60 cumulative semester/credit hours by the end of the spring 2007 term.
- Have a minimum cumulative GPA of 2.0.
- Be able to demonstrate critical financial need .
- Hold U.S. citizenship or permanent residency.

Scholarship recipients will be required to attend school on a full-time basis (24 credits hours per calendar year) in order to receive this scholarship. Individuals who are not planning to attend college on a full-time basis should not apply for this scholarship. Scholarship recipients do not receive direct payment of their scholarship funds. Funds are only disbursed to a student’s current school and may only be used for tuition, fees, books, and on-campus housing. Funds may not be used to pay off student loans or credit cards. For additional info refer to https://www.horatioalger.com/scholarships_military. Questions not related to receipt of paperwork can be sent to applymilitary@horatioalger.com. For more scholarship listings refer to www.fastweb.com and www.wiredscholar.com. [Source: EANGUS Minute Man Update 19 Jul 07 ++]


HOUSE VETERANS' AFFAIRS COMMITTEE: The Committee on Veterans' Affairs of the House of Representatives (HVAC) was authorized by enactment of Public Law 601, 79th Congress, which was entitled "Legislative Reorganization Act of 1946." Section 121(a) of this Act provides: "there shall be elected by the House at the commencement of each Congress the following standing committees … Committee on Veterans' Affairs, to consist of 27 Members." This Act has since been amended so that there are now 22 Standing Committees in the House of Representatives. The number of Members (Representatives) authorized to serve on each Committee has been changed from time to time. There are currently 30 members of the Committee on Veterans' Affairs. The Committee on Veterans' Affairs is the authorizing Committee for the Department of Veterans Affairs (DVA). The Committee recommends legislation expanding, curtailing, or fine-tuning existing laws relating to veterans' benefits. The Committee also has oversight responsibility, which means monitoring and evaluating the operations of the DVA. If the Committee finds the that DVA is not administering laws as Congress intended, then it is corrected through the a hearing process and legislation. For additional info on the HVAC refer to http://veterans.house.gov/about/index.html.

The HVAC is the voice of Congress in dealings with the DVA. Legislation within the jurisdiction of the HVAC includes:
a. Veterans' measures generally.
b. Pensions of all the wars of the U.S., general and special.
c. Life insurance issued by the government on account of service in the Armed Forces.
d. Compensation, vocational rehabilitation, and education of veterans.
e. Veterans' hospitals, medical care, and treatment of veterans.
f. Servicemembers' Civil Relief.
g. Readjustment of servicemembers to civilian life.
h. National Cemeteries
[Source: HVAC Website 18 Jul 07 ++]


HVAC UPDATE 01: The House Veterans’ Affairs Committee (HVAC) led by Chairman Bob Filner (D-CA) on 18 JUL favorably reported five bills to the House. The bills would expand veterans’ health care and benefits. The five were:
- H.R. 2623: To prohibit the collection of copayments for all hospice care furnished by the Department of Veterans Affairs.
- H.R. 2874 – To make certain improvements in the provision of health care to veterans, and for other purposes.
- H.R. 1315 – To provide specially adaptive housing assistance to certain disabled members of the Armed Forces residing temporarily in housing owned by a family member.
- H.R. 760 – To deem certain service in the organized military forces of the Government of the Commonwealth of the Philippines and the Philippine Scouts to have been active service for purposes of benefits under programs administered by the Secretary of Veterans Affairs. [Note: Refer to Filipino Vet Inequities article in this Bulletin]
- H.R. 23 – To provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II. If approved, compensation for a single month of Merchant Marine service in World War II would exceed that of many wounded, disabled, and career military World War II combat veterans and their survivors. For instance:
a. A 20-year veteran who retired as an E-5 in 1955 receives $900 in retired pay.
b. The military pays a "Forgotten Widows" annuity of only $212 per month to widows of World c. War II vets who served 20-30 years and died before 1974.
d. The House of Representatives, in the FY2008 Defense Authorization Bill, acknowledged the inequity of current law that deducts more than $1,000 a month from SBP payments to survivors of members who died of service-connected causes, but indicated it could afford only a $40 monthly payment to such widows as a first step toward reversing that penalty
e. The VA pays only $901 a month to vets with a 60% service-caused disability.

Chairman Filner stated, “Today, this committee took the opportunity to redeem a debt to our Filipino comrades. We call our veterans ‘heroes’ for a reason and the heroes from past wars deserve all the care and dignity that this nation can bestow. We will work boldly and tirelessly to meet the needs of all our veterans and their families. Caring for veterans is an ongoing cost of war and the measures passed today will have an impact on our veterans and their dependents.” The bills if passed by a floor vote will be passed to the Senate for consideration. [Source: HVAC Press Release 18 Jul 07 ++]


TSA DATA BREACH: With another publicized data breach, this time at the Transportation Security Administration, chief privacy officers from federal agencies gathered 18 JUL for a conference on how to better secure personal data. Chief privacy officer at the Homeland Security Department, Hugo Teufel said whenever humans are involved, accidents can happen. TSA, which is part of Homeland Security, is investigating why a missing computer drive containing payroll data was not protected with encryption. Teufel said that TSA had moved quickly to implement better security and how TSA management handles that should be a model for action. Chief privacy officer at the FTC Marc Groman said, “We could have the greatest plans in place, but unless our employees, staff and contractors know about them, we are still at risk." Groman shared slides of an internal FTC advertising campaign likening personal data to an egg and showing what steps an employee must take if that egg gets broken. Later he said the agency had all its 1,200 employees sign pledges to protect personal data and inform a supervisor if any personal data is lost or stolen. The White House Office of Management and Budget issued a directive this week that asks agencies to inventory by 22 SEP the personal data they are storing.

“When you look at policy and guidance, it looks oh so simple until you look at your mission and how your network is put together," said Mischel Kwon, chief security technologist at the Justice Department. She noted that earlier federal directives to decrease the use of Social Security numbers linked to other personal data will be a challenge, as will a requirement that agencies notify the U.S. Computer Emergency Readiness Team within one hour of a data breach. With more than two dozen departments and a chain of command to forward information to, that can be "a hard tap dance to do in one hour." Having some amount of time to evaluate and investigate a potential breach to determine whether it is meaningful might be more useful than lots of notifications about potential breaches. Federal privacy and security officers said the challenge of protecting data is changing as the workforce becomes more mobile with laptop computers and BlackBerry handheld devices. Restricting telework and what data can be removed do not entirely solve the problem because many employees still need to travel. Evolving technology changes how agencies need to address OMB directives. One solution often proposed (Full disc encryption of data) does not solve all problems. This only works when your computer is off." Encryption could become your highest vulnerability. [Source: National Journal's Technology Daily Greenfield Heather article 18 Jul 07 ++]


CAR KEY ALARM: Here's a little tip for everyone. Put your car keys beside your bed at night. If you hear a noise outside your home or someone trying to get in your house, just press the panic button for your car. The alarm will be set off and the horn will continue to sound until either you turn it off or the car battery dies. This tip came from a neighborhood watch coordinator. Next time you come home for the night and you start to put your keys away, think of this: It's a security alarm system that you probably already have and requires no installation. Test it. It will go off from most everywhere inside your house and will keep honking until your battery runs down or until you reset it with the button on the key fob chain. It works if you park in your driveway or garage. If your car alarm goes off when someone is trying to break in your house, odds are the burglar or rapist won't stick around.... After a few seconds all the neighbors will be looking out their windows to see who is out there and sure enough the criminal won't want that. And, remember to carry your keys while walking to your car in a parking lot.. The alarm can work the same way there. [Source: USS Hardhead Jack Gallimore input 18 Jul 07++]


VA SECRETARY UPDATE 01: Secretary of Veterans Affairs, Jim Nicholson announced 17 JUL he has tendered his resignation to President George W. Bush, effective no later than 1 OCT 07. This follows a two-year term that yielded mixed reviews from members of Congress. During his tenure as chief of the agency, Secretary Nicholson faced criticism over issues relating to the release of the personal information of thousands of veterans and multi-billion dollar shortfalls relating to healthcare for U.S. servicemembers. Nicholson left the private business world over 10 years ago, where he ran a successful residential development and construction company. He was elected Chairman of the Republican National Committee in January 1997. Immediately prior to becoming Secretary, he served as the U.S. Ambassador to the Holy See. Nicholson, a Vietnam Veteran, was sworn in as Secretary of Veterans Affairs on 1 FEB05. Under Nicholson’s leadership, the Department of Veterans Affairs (VA) continued its evolution as a leader in health care innovations, medical research, education services, home loan and other benefits to veterans. He transformed the VA health care system to meet the unique medical requirements of the returning combatants from Iraq and Afghanistan. In his letter of resignation, Nicholson praised and thanked the President for the honor of serving him and our Nation’s veterans in this key post at such a “critical time in our nation’s global war on terror.” Nicholson said he wants to return to the private sector. “This coming February, I turn 70 years old, and I feel it is time for me to get back into business, while I still can.” He said he has no definite plans at this time. During Secretary Nicholson’s tenure at the Department of Veterans Affairs he:

• Directed each veteran of the GWOT who come to the VA for any kind of care to be carefully screened for brain damage (TBI) and post traumatic stress disorder (PTSD).
• Hired 100 new Outreach Coordinators to provide services to returning OIF/OEF veterans.
• Created a new Advisory Committee on OIF/OEF Veterans and their families to advise on ways to improve programs serving OIF/OEF veterans.
• Directed the Veterans Benefits Administration to give priority to Operation Iraqi Freedom and Operation Enduring Freedom (OIF/OEF) veterans in its compensation and pension claim system.
• Launched a major information technology transformation in the VA with the way it uses and safeguards personal and health information of veterans.
• Created a new Office of Operations, Security, and Preparedness to deal with emergency planning and security.
• Initiated the overhaul of the VA’s vast contracting and acquisitions systems.
• Created a blue ribbon Genomic Research Advisory Committee to use the VA’s expansive medical data holdings to advance the science of predictive medicine.
• Commenced a major campaign to reduce the high rate of diabetes in veterans.
• Launched a national effort in the VHA to eradicate staph infections in VA hospitals.
• Approved 82 new Community-Based Outpatient Clinics (CBOC) to bring VA care closer to the veterans who have earned it.
• Created a new multi-campus Nursing Academy through partnership with the nursing schools throughout the country to help address a shortage of nurses within the VA and nationwide.
• Directed the hiring of suicide prevention counselors at each of VA’s 153 facilities to strengthen one of the nation’s largest mental health programs.
• Established a 24-hour national suicide prevention hotline that will be operational by 1 AUG 07.
• Hired 100 new Patient Care Advocates to help severely injured veterans and their families manage VA’s system for health care and financial benefits.
• Led the President’s recent Task Force on Returning GWOT Heroes to improve the delivery of federal services and benefits to GWOT service members and veterans.
[Source: VA News Release 17 Jul 07 ++]


VETERAN CHARITIES REVIEW UPDATE 01: The Veterans Charitable Foundation www.vcfusa.org was started in 1997 by Frank Cariello after going with his World War II buddies to veteran's hospitals and seeing a need. To make it official and to obtain tax free status as a charitable organization the foundation was registered with the Washington Secretly of State under registration number #6374 making it a valid non-profit veteran fund raising organization. Concerned that a door-to-door fund-raising effort wouldn't pull in much money, Cariello of Boynton Beach hired telemarketers in Florida, and eventually in other parts of the country, who began dialing for dollars. The strategy has paid off, but not for the veteran's hospitals that are supposed to benefit from Cariello's foundation. According to the organization's tax returns since 2000, telemarketers have reeled in nearly $833,000 in donations, close to $700,000 of which went right back into the coffers of those companies hired to solicit donations for veterans. Outsourced fund-raising companies demonstrate a huge flaw in the world of giving. While many donors think their money is going to a good cause, only a fraction goes to the nonprofit. A large chunk actually lines the pockets of companies hired to raise money.

A boxing promoter, Cariello, 69, pulls no punches when it comes to defending his organization. "It's the nature of the business," Cariello said. "The average person who gives $10 expects $9 to go to the VA, but if you use a telemarketer it doesn't work that way." Cariello, who says he's operating in about a dozen states, freely admits that most of the deals he's signed with telemarketers around the country provide for an 85-15 split. Add to that the money he puts out on marketing, overhead costs and the accountant he pays to file the organization's tax returns, and the VA gets pennies on the dollar. Neither Cariello nor any of his board members take a salary, according to the organization's tax return. Some veteran's organizations say charities like Cariello often do more harm than good. Others take what they get and simply say thanks. Charlie Smith, director of the North Carolina Division of Veteran's Affairs, a state agency said, "There's a number of organizations that are ripping people off and they hurt legitimate organizations." But Marcus Wilson, a public affairs specialist for the Washington Regional Office of Public Affairs for the Department of Veterans Affairs was a little less critical. "We are a government agency. We can't tell them how much to give us or what to give us. We just say thank you," he said. Cariello said the groups he's helped are grateful and he has letters to prove it. He said, “You can give $250 and they say thank you. It's something they didn't have last week. If we didn't do it, they wouldn't get it.” The money is used to pay for things the government doesn't pay for such as food, personal care items, bus tokens to assist veterans get to and from job interviews and television sets in hospitals rooms.

Charity watchdog groups say veteran's organizations are one sector where it's easy to prey on people's heartstrings. Sandra Miniuitti, a spokeswoman for Charity Navigator says, "Veteran's groups rank way up there, especially with the war going on." Vic Hamburger of Westborough MA is one of those whose heartstrings were pulled. He received a call a few months ago from a woman who said she was a volunteer and that 100% of the money went to Cariello's foundation. Hamburger gave $20 and then got to thinking. "I did a Google search and found an interesting article about these folks and how they didn't come clean with their fund-raising tactics," Hamburger said in a telephone interview. "If their fund raising isn't illegal, it's at the very least immoral and unethical," he said. Cariello said the telemarketers are supposed to follow a script when soliciting donations, but agreed there may be some rogue callers.

By using telemarketing companies, nonprofit organizations do get more money but it comes at an enormous cost to members of the public, who think their generosity is benefiting the charity. Cariello's nonprofit is far from alone as many of the veterans, police and firefighters charities evaluated by Charity Navigator rank among the least efficient. Of the 22 veterans’ charities evaluated by the watchdog group, more than one-third have fund-raising expenses over 20% with three spending more than 50% and two spending more than 95% of donations on fund raising. By watchdog standards, nonprofits should spend no more than 10 cents on the dollar on fund-raising, with 75% going to program costs and the rest toward administration. If you are feeling charitable and want to see how much of your donation will reach those you are donating to www.charitynavigator.org. Among other things the site has an alphabetical locator and will give you an overall efficiency rating plus comparison to similar organization’s efficiency ratings. For instance the Disabled American Veterans Charitable Service Trust has an overall four star rating which means they exceed industry standards and outperform most charities in its Cause. Conversely, the Wisconsin Paralyzed Veterans of America and Former Military POW Foundation have zero star ratings which means they performs far below industry standards and below nearly all charities in their Cause. [Source: Palm Beach Post Susan Miller article 13 Jun 07 ++]


VETERAN LEGISLATION STATUS 30 JUN 07: For a listing of Congressional bills of interest to the veteran community that have been introduced in the 110th Congress refer to the Bulletin attachment. By clicking on the bill number indicated you can access the actual legislative language of the bill and see if your representative has signed on as a cosponsor. Support of these bills through cosponsorship by other legislators is critical if they are ever going to move through the legislative process for a floor vote to become law. A good indication on that likelihood is the number of cosponsors who have signed onto the bill. A cosponsor is a member of Congress who has joined one or more other members in his/her chamber (i.e. House or Senate) to sponsor a bill or amendment. The member who introduces the bill is considered the sponsor. Members subsequently signing on are called cosponsors. Any number of members may cosponsor a bill in the House or Senate. At http://thomas.loc.gov you can also review a copy of each bill, determine its current status, the committee it has been assigned to, and if your legislator is a sponsor or cosponsor of it. To determine what bills, amendments your representative has sponsored, cosponsored, or dropped sponsorship on refer to http://thomas.loc.gov/bss/d110/sponlst.html. The key to increasing cosponsorship on veteran related bills is letting our representatives know of veteran’s feelings on issues. At the end of some listed bills is a web link that can be used to do that. Otherwise, you can locate on http://thomas.loc.gov who your representative is and his/her phone number, mailing address, or email/website to communicate with a message or letter of your own making. [Source: RAO Bulletin Attachment 30 Jul 07 ++]


Lt. James "EMO" Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA Baguio City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (760) 839-9003 when in U.S. & Cell: 0915-361-3503 when in Philippines.
Email: raoemo@sbcglobal.net (Primary) & raoemo@mozcom.com (Alternate)
Web: http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member

End

[boardman]

RAO Bulletin Update 15 August 2007

THIS BULLETIN [CONTAINS THE FOLLOWING ARTICLES:

-- Tricare Hospice Care -------------------------------- (Coverage)
-- Military Spouse Monument ------------------------- (Proposed)
-- VA Claims Assistance [03] ------------ (Triple Compensation)
-- Fisher House Expansion [01] ------------------ (Tampa Opens)
-- Tricare Uniform Formulary [21] ------- (Changes Announced)
-- Publix Prescription Offer ----------------- (No Cost Antibiotics)
-- Filipino Vet Inequities [05] ------------- (Republicans Protest)
-- VDBC [20] --------------- (CRDP Recommendation Reversed)
-- Minnesota Veterans Homes --------- (Commission Appointed)
-- Acid Reflux Disease ---------------------------- (Cancer Impact)
-- Minnesota LinkVet ----------------------------- (First in Nation)
-- VA Clinic Openings [06] -------- (Non-hospital Dental Care)
-- Tricare Prime Travel Reimbursement ----------- (100 miles +)
-- Tricare Provider Tax Credit --------------------------- (Oregon)
-- Oregon Taxes --------------------------------- (Military Retirees)
-- Depleted Uranium [04] ------------------ (Report Due OCT 07)
-- VA North Texas SITREP ----------------- (Array of Problems)
-- VA Care Vet Backlash -------------------- (Claim Acceptance)
-- Puerto Rico Medical Fraud ------- (AZ-FL-NY-TX-VA Impact)
-- Saluting the Flag --------------------------------------- (Veterans)
-- VA Facility Expansion [05] -------------------------- (Ft. Bragg)
-- VA Local Access ---------------------------------- (Where to Go)
-- VA Clinic Openings [05] --------------- (Guam Summer 2009)
-- SBP Basics [01] ------------------------ (Program Explanation)
-- Retiree Annual COLAs [01] -------------- (Tracking Inflation)
-- VA Fraud [01] --------------------------- ($120,000 Embezzled)
-- Vet Home Tennessee ------------------------ (Fined $200,000)
-- HVAC [02] --------------------------------- (Support for 7 Bills)
-- Commissary Construction --------------- (Program Impacted)
-- SBP Paid Up Provision [03] ----------------- (30 Year Payers)
-- Agent Orange Diseases [01] ---------------------- (Associated)
-- Agent Orange Diseases [02] ---------------- (Non-Associated)
-- Agent Orange & Hypertension -------- (Possible Association)
-- Retirement Tax Considerations ------------- (Sales & Income)
-- Veteran Legislation Status 13 AUG 07 ---- (Where We Stand)


Editor Note 1: Effective immediately I will cease using the email addee raoemo@mozcom.com because Spam messages at this addee have reached 150 daily. My email addee raoemo@sbcglobal.net will be the only addee I will be monitoring after 15 SEP. Also, I will be relocating to the Philippines 21 AUG and will not be able to respond to messages 20 to 24 AUG. [Source: RAO Director]

Editor’s Note 2: Attached is a listing of veteran legislation with current cosponsor status that has been introduced in the 110th Congress. To see any of these bills passed into law representatives need input from their veteran constituents to instruct them on how to vote.


TRICARE HOSPICE CARE: Tricare hospice care is available to beneficiaries who have received a terminal diagnosis. Its function is to provide care for terminally ill patients with a life expectancy of six months or less if the illness runs its normal course. In particular, curative treatments are not covered, while personal care and home health aide services are covered. It may include physician services, nursing care, counseling, medical equipment, supplies, medications, medical social services, physical and occupational services, speech and language pathology, and hospice short term inpatient care to manage acute or chronic symptoms or to control pain. Room and board are not covered under the Tricare hospice benefit; however, inpatient care is covered when needed. You cannot receive other Tricare services or benefits related to curative treatment of the terminal illness, unless the hospice election is formally revoked.

The hospice, in conjunction with your regional contractor, is responsible for the arrangement of all care while you are under the hospice election. To formally revoke the hospice election, you must submit a signed and dated statement through the hospice provider. This does not alter your ability to elect and reenter hospice care at a later time. Hospice care can be provided in a Home, Hospice facility or Inpatient acute care facility. Care can shift among these facilities without affecting the hospice benefit. For example, if you are receiving hospice care at home, but the family member caring for you is overwhelmed with caretaking responsibilities, you may choose to receive short term, inpatient respite care at a hospice facility in consultation with your hospice care team. This is an available option under the hospice benefit.

Hospice care is managed by the hospice medical director, the hospice care team managing your case, and your primary care manager (PCM) or primary care provider, who are always in consultation with you and your family. Your case manager and PCM or primary care provider will assist in locating appropriate hospice care. A hospice evaluation does not require authorization. Only Medicare certified hospices are authorized to provide covered services to TRICARE beneficiaries. You can locate a Tricare authorized hospice provider through your regional contractor. There is no deductible for hospice care, and Tricare pays the cost of all covered services, except for small cost share amounts which may be collected by the individual hospice (at their option) for outpatient drugs and inpatient respite care. Check with your regional contractor or hospice provider for specific cost information.

Hospice care is provided in three benefit periods, each of which requires prior authorization from your regional contractor. The first two benefit periods are each 90 days long. The first period begins on the day you sign a hospice election statement and both the attending physician and the hospice medical director sign a physician’s certificate of terminal illness. Each subsequent period requires recertification of the terminal illness by the hospice medical director or the physician on your hospice care team. The final benefit period is made up of an unlimited number of 60 day periods, each of which requires physician recertification of the terminal illness.

You, your PCM or primary care provider, or a family member acting on your behalf can initiate hospice care. However, it is important to understand that the hospice cannot provide services without a referral from your PCM or primary care provider, prior authorization from your regional contractor, and certification of the terminal illness. When considering hospice care, you should discuss the options with family members and your PCM or primary care provider. The hospice benefit also covers a consultation with the medical director of a Medicare certified hospice so you may ask questions and learn more about a specific hospice program. You must complete and sign an “election statement,” which the hospice provides, that indicates your full understanding of hospice care. By signing this statement, you waive your right to any Tricare benefits associated with curative treatment of your illness. The election statement is then filed with your regional contractor. [Source: Tricare Hospice Care Brochure 29 Nov 06 ++]


MILITARY SPOUSE MONUMENT: Due to the efforts of two military spouses, the first steps toward a monument to honor the courage and sacrifice of military spouses have been taken. Representative Thelma Drake (R-VA-02) recently introduced The Military Spouses Memorial Act of 2007 (H.R. 3026) to authorize a monument to be erected in the Washington DC area. The Military Spouses Legacy Association, Inc. was founded in 2007 by Nicole Alcorn, herself a military spouse and the daughter of a military widow, and Karie Darga, who lost her husband in Iraq. The association has received its 501(c)3 non-profit status and is collecting the private donations to fund the construction and maintenance of the monument. To learn more about the Military Spouses Legacy Association, refer to http://www.militaryspousemonument.org/home.html. [Source: NMFA Government & You e-News 14 Aug 07 ++]


VA CLAIMS ASSISTANCE UPDATE 03: A recent study by the Institute for Defense Analysis shows that wounded veterans who approach the V.A. without professional assistance receive on average about one-third of the compensation that those who are represented by a lawyer or service organization like the Disabled American Veterans (DAV) get. DAV representative Eric McGinnis said, "That's not surprising at all. If you know the proper vernacular, a few simple phrases, it makes things a lot easier. But you'd be hard-pressed to find a vet who knows exactly the right things to say and do." McGinnis' experience in that arena is both professional and personal. The Army veteran came to work for the DAV after the organization helped him obtain compensation after the VA initially told him he'd get none. "It's a common story," he said. Complicating matters further, is a compensation process that requires veterans to approach the VA, openly advertising their own physical and psychological wounds in order to receive benefits. "These aren't always people who are comfortable advocating for themselves," said McGinnis. Utah State Department of Veterans Affairs Director Terry Schow said it would be nice if the system weren't so adversarial and complex that veterans needed help from outside groups to obtain just compensation for their wounds. "The process is so involved and complicated, that I think it's just wise to do that. And so we encourage everyone to get assistance from a service organization."

DAV is an organization of disabled veterans who are focused on building better lives for disabled veterans and their families. They accomplish this by providing assistance to veterans, their families, their widowed spouses and their orphans in obtaining benefits and services earned through their military service. The organization is fully funded through its 1.2 million membership dues and public contributions. It is not a government agency and receives no government funds. However, it is the foremost representative of the interests of disabled veterans and before federal, state, and local governments. In 88 offices, 260 National Service Officers (NSOs) and 26 Transition Service Officers (TSOs) directly represent veterans with claims for benefits from the Department of Veterans Affairs and the Department of Defense. NSO/TSO personnel assist in filing claims for VA disability compensation, rehabilitation and education programs, pensions, death benefits, employment and training programs, and many other programs. This service is available to all veterans at no charge. DAV’s Voluntary Service Program consists of a transportation network which provides veterans with rides to and from VA medical facilities for treatment, and a program which facilitates volunteers at VA hospitals, clinics, and nursing homes.

NSO representation covers development and prosecution veterans' claims through in-depth reviews of medical histories in conjunction with sound application of current law and regulations. In representing veterans and their families, NSOs assist in the thorough preparation of claims and written briefs, which includes helping to assemble evidence in support of those claims. They also review rating board decisions and inform veterans and their families of the appeals process and their appellate rights. DAV National Appeal Officers represent the largest percentage of claimants in cases decided by the Board of Veterans Appeals (BVA). They also provide representation before the U.S. Court of Appeals for Veterans Claims through which veterans have the right to independent judicial review of appeals denied by the BVA. Veterans seeking assistance can refer to www.dav.org/veterans/service_office.html to locate an office accessible to them. [Source: The Salt Lake Tribune Mathew LaPlante article 13 Aug 07 ++]


FISHER HOUSE EXPANSION UPDATE 01: The newest Fisher House was dedicated 6 AUG 07 at the James A. Haley Veterans’ Hospital in Tampa, Florida. The new Fisher House will provide families free lodging, making it easier to participate in the care and recovery of loved ones. Veterans Affairs Secretary Jim Nicholson participated in a ceremony transferring ownership of the Fisher House to the VA. It will operate and maintain the home at no cost to its residents. This is the 38th Fisher House built by the Fisher House Foundation and the ninth operated by VA. At 16,000 square feet, the Tampa Fisher House is among the largest of these comfort homes, which can accommodate up to 21 families. Some families travel long distances to Tampa’s Polytrauma Center – one of four unique VA polytrauma facilities in the United States where the most severely injured and disabled veterans are treated. In addition to polytrauma patients, those receiving care in the hospital’s other specialized programs, such as spinal cord injury, post-traumatic stress disorder and traumatic brain injury, will benefit from the Fisher House. [Source: NAUS Weekly Update 10 Aug 07 ++]


TRICARE UNIFORM FORMULARY UPDATE 21: The Tricare Management Activity announced the following changes to the Uniform Formulary:

- Nexium, which is used to treat heartburn and gastric disorders, has been reclassified as a first-tier medication. First-tier medications (formulary generics) are available at most military treatment facilities at no charge, or for a $3 co-pay through the Tricare Retail Pharmacy (30-day supply) or the Tricare Mail Order Pharmacy (90-day supply).
- Prevacid, Zegerid, Protonix and Aciphex, are also used to treat gastric disorders and will be reclassified as non-formulary medications effective 24 OCT 07.
- Avodart, a medication used to treat prostrate-related problems will move to the third tier on 24 OCT.
- Hypertension drugs Avapro, Avilide, Benicar, Benicar HCT, Diovan, Diovan HCT, Teveten, and Teveten HCT along with cholesterol-lowering medications Anatara, Tricor, Omacor, and WelChol will be reclassified as non-formulary medications on 21 NOV. The price of non-formulary medications is $22.

Beneficiaries using the above medications may want to consult with their health care providers about other options including generic equivalents or establishing medical necessity for the third-tier medication if appropriate. If medical necessity is established, the co-payment is reduced to $9. Third-tier medications are not available at military treatment facility (MTF) pharmacies unless an MTF provider establishes medical necessity and writes the prescription. Medical necessity forms and criteria are available at
www.tricare.mil/pharmacy/medical-nonformulary.cfm. For a complete list of medications, their formulary status and where they are available, beneficiaries may refer to
www.tricareformularysearch.org/dod/medi ... fault.aspx. Additional information on the TRICARE Retail Pharmacy and locations, and the TRICARE Mail Order Pharmacy can be found at www.express-scripts.com/TRICARE or by calling 1(866) 363-8779 for the retail pharmacy or 1(866)363-8667 for the mail order pharmacy. [Source: NAUS Weekly Update 10 Aug 07 ++]


PUBLIX PRESCRIPTION OFFER: On 6 AUG the Publix Super Market chain said it would make seven common prescription oral antibiotics at no charge to its customers via their 648 pharmacies. With a valid prescription, new or current Publix customers can receive a 14-day supply that will be filled at no charge and can be refilled. The antibiotics include:
* Amoxicillin
* Cephalexin
* Sulfamethoxazole/Trimethoprim (SMZ-TMP)
* Ciprofloxacin (excluding ciprofloxacin XR)
* Penicillin VK
* Ampicillin
* Erythromycin (excluding Ery-Tab)
These antibiotics account for almost 50% of the generic, pediatric prescriptions filled at Publix. Publix is not limiting the number of prescriptions customers may fill. The antibiotics will be provided to customers regardless of their prescription insurance provider. Publix operates stores in Florida, Georgia, South Carolina, Alabama and Tennessee. [Source: NAUS Weekly Update 10 Aug 07 ++]


FILIPINO VET INEQUITIES UPDATE 05: The Filipino Veterans Equity Act of 2007 (H.R.760) passed the House Committee on Veterans Affairs. This is a bill to amend title 38, United States Code, to deem certain service in the organized military forces of the Government of the Commonwealth of the Philippines and the Philippine Scouts to have been active service for purposes of benefits under programs administered by the Secretary of Veterans Affairs. As amended it will eliminate special monthly pensions currently being paid for severely disabled veterans over 65 who are also receiving pensions for wartime service. The legislation would use nearly all of the $965 million saved by this unprecedented cut in veterans' benefits to provide budgetary offsets to fund oversized pensions for non-citizen, non-resident World War II Filipino veterans. Similar legislation, S.1315, is being considered in the Senate. The American Legion among others does not support this legislation as amended. While the Legion supports improvements to Filipino Veterans Benefits they oppose overturning the Court decision in the Hartness case and eliminating an earned benefit for disabled veterans. The American Legion is asking hat their membership contact their members of Congress and express support for securing the earned benefits of severely disabled veterans by protecting the Hartness decision. [Source: AL Weekly Update 10 Aug 07 ++]


VDBC UPDATE 20: Veterans won an important victory this week when the Veterans Disability Benefits Commission (VDBC) reversed itself on the issue of giving both VA disability payments and full military retirement pay to Chapter 61 and TERA retirees. At the JUL 07 meeting of the Commission they pointedly voted to not support both benefits for those groups. But discussion among a number of the commissioners after that vote in July made it apparent that many of them did not understand the implications of their votes. In the weeks since that meeting, veterans groups provided information to the commission that led to the change this week. The new language adopted by the Commission in a 12 to 1 vote was as follows: Congress should eliminate the ban on concurrent receipt for all retirees and disability retirees. Future priority should be given to Chapter 61 retirees with less than 20 years and greater than 50% service-connected disabled and all combat disabled Chapter 61’s. At last month’s meeting the Commission already decided to recommend that both full Military Retired Pay and VA Disability Pay be given immediately to all longevity retirees with VA disabilities ratings (including those with 10%-40% ratings.)

The Commission next meets 22-24 AUG in Washington, D.C., at the Hotel Washington, which is located at 15th St. and Pennsylvania Avenue, NW. Anyone in the area or visiting D.C. is encouraged to attend this very important meeting. The purpose of the Veterans' Disability Benefits Commission is to carry out a study of the benefits under the laws of the United States that are provided to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service, and to produce a report on the study. The VDBC is meeting several times a month in order to complete the work of the Commission by its 1 OCT deadline to make their report to Congress and the President. Their conclusions are only recommendations but they will certainly help in veteran groups lobbying efforts. is due sometime around the 1 OCT this year. [Source: TREA News flash 10 Aug 07 ++]


MINNESOTA VETERANS HOMES: The Minnesota Veterans Home – Minneapolis, once called the Old Soldiers Home, was built in the late 1800’s for indigent veterans of the Civil War. The Home is located on a 51 acre wooded campus overlooking the Mississippi River near Minnehaha Falls. At the end of the 19th century the intent was to create a beautiful, comfortable, community for veterans in need of care in their later years. Unfortunately, the home has experienced numerous inspection problems in recent months. Gov. Tim Pawlenty appointed a seven-member Veterans Long-Term Care Advisory Commission tasked with recommending ways to end the Minneapolis home's frequent problems and consider whether the five Minnesota homes should serve more people than the 863 people housed in its nursing homes and assisted-living facilities. Since 2005, the Minneapolis Home has been cited by the state for 67 rule violations, the most recent last month, and fined $42,300 when the problems were not corrected. Separately, the U.S. Department of Veterans Affairs, which pays about 20% of the care costs, found 48 violations since 2005.

The Minneapolis facility has asked the federal government to approve a $44 million "Cadillac plan" to renovate the nursing home. The proposed renovation project, still in the design phase, would reduce the number of beds in the home's main building from 250 to 198. The remodeled home would be divided into 14 to 16 room "neighborhoods," each with its own kitchen. All the beds in the renovated facility would be in single rooms with private baths. The home also has a 91-bed nursing-home dementia unit and a 61-bed assisted-living facility in separate buildings. It had to stop taking new nursing-home residents in December while it fixes the care problems and now has about 350 people on its waiting list. The home’s governing board has submitted the plan to federal officials as a project list "place holder." If approved, the VA would pay 65% of the $44 million cost. The Legislature would have to approve the remaining $15 million. As the Minneapolis Home plans a major overhaul, a commission is considering an expanded role for the five state-owned residences. The plan would have the board provide an array of services for the state's 140,000 aging veterans.

Admissions criteria for acceptance in a Minnesota home include: Honorably Discharge, 181 Consecutive Days on Active Duty, Minnesota Resident (or had service credited to Minnesota), Spouses of eligible Veterans over 55 years of age and reside in the state, and applicants ability to demonstrate medical need. The states five homes are located at:
- 1821 North Park ST., Fergus Falls MN 56537 Tel: (218) 736-0400 or 1(877) 838-4633.
- 1200 East 18th ST., Hastings, MN 55033 Tel; (651) 438-8504 or 1(877) 838-3803)
- 1300 North Kniss Ave., P.O. Box 539, Luverne MN 56156 Tel: (507) 283-1100 or 1(877) 588-8387.
- 5101 Minnehaha Ave. South, Minneapolis MN 55417 Tel: (612) 721-0600 or 1(877) 838-6757.
- 45 Banks Boulevard, Silver Bay MN 55614 Tel: (218) 226-6300 or 877-729-8387
[Source: Minneapolis Star Tribune Warren Wolfe article 9 Aug 07 ++]


ACID REFLUX DISEASE: Acid Reflux (i.e. heartburn) is caused when acid from the stomach flows upwards into the long feeding tube that connects the stomach and throat (esophagus) causing a burning sensation. Unlike the stomach, which has a lining that protects it from the acid, the esophagus is delicate and easily irritated by acid. Nighttime heartburn is heartburn that occurs at night. Anyone can have occasional heartburn as might occur after a spicy meal. Frequent and recurring heartburn, however, may be a symptom of a more serious condition. Gastroesophageal reflux disease is caused when the opening between the esophagus and the stomach becomes looser or relaxes at the wrong times. Normally, this opening allows food to travel only from your esophagus into your stomach. A muscular valve, called a sphincter, normally keeps stomach contents, including stomach acid, in the stomach. When the sphincter between the stomach and the esophagus becomes loose or relaxes at the wrong time, the stomach contents can flow up from the stomach into the esophagus. This irritates the esophagus, which doesn't have a special lining to protect it from acid like the stomach does. Studies have also shown that if you lie in bed, the protective effect of gravity can become lessened.

New research from scientists at UT Southwestern Medical Center and the Dallas Veterans Affairs Medical Center underscores the importance of preventing recurring acid reflux while also uncovering tantalizing clues on how typical acid reflux can turn potentially cancerous. In research published in July and August, scientists discovered that people with acid reflux disease, particularly those with a complication of acid reflux called Barrett’s esophagus, have altered cells in their esophagus containing shortened telomeres, the ending sequences in DNA strands. Combined with related research to be published in AUG, the findings indicate that the shortened sequences might allow other cells more prone to cancer to take over. “The research supports why it is important to prevent reflux, because the more reflux you have and the longer you have it, the more it might predispose you to getting Barrett’s esophagus. So you want to suppress that reflux,” said Dr. Rhonda Souza, associate professor of internal medicine at UT Southwestern and lead author of the paper which appears in the July issue of the American Journal of Physiology – Gastrointestinal and Liver Physiology.

Over time, the persistent acid bath from acid reflux can cause normal skin-like cells in the esophagus to change into tougher, more acid-resistant cells of the type found in the stomach and intestine, a condition called Barrett’s esophagus, explained Dr. Stuart Spechler, professor of internal medicine and senior author of the paper. “Unfortunately, those acid-resistant cells are also more prone to cancer,” Dr. Spechler said. According to the National Cancer Institute Adenocarcinoma of the esophagus, the cancer that is especially associated with Barrett’s esophagus, is currently the most rapidly rising cancer in the U.S., with a six fold increase in cases during the past 30 years. Understanding how and why the cells change in some cases and not others has been a major challenge for investigators. The research was funded by the Department of Veteran’s Affairs, National Institutes of Health, the Harris Methodist Health Foundation, the Dr. Clark R. Gregg Fund and AstraZeneca. [Source: UT Southwestern Medical Center article 10 Aug 07 ++]


MINNESOTA LinkVet: To make it easier to find services and to ensure immediate crisis intervention, Minnesota Gov. Tim Pawlenty announced the launch of LinkVet — the Veterans Linkage Line for Minnesota veterans and their family members. The toll-free customer service line is the first of its kind in the nation and will provide information referrals, immediate crisis intervention and psychological counseling 24 hours a day, seven days a week at (888) LINKVET (546-5838). The new line is up and running. LinkVet will be answered by trained staff at the Minnesota Department of Veterans Affairs (MDVA) and Crisis Connection, a Twin Cities based non-profit mental health telephone counseling service. MDVA staff, who are veterans themselves, will manage the lines M-F from 08-1600. Crisis Connection social workers will field all crisis calls during business hours, and all calls after hours, on weekends and holidays. Veterans who call LinkVet and need to be transferred to someone other than a MDVA staff member will be connected in a three-way call to the necessary resources. MDVA staff will remain on the line with the caller until the veteran’s issue has been successfully resolved.

LinkVet was developed by the Governor’s Yellow Ribbon Task Force Crisis Line Workgroup. This group met during the spring and included representatives from several state agencies, the National Guard and non-profit veteran services providers. After discovering there were several toll-free lines for crisis intervention and suicide prevention for returning soldiers and veterans, and that United Way’s 211 referral line is not cell phone accessible, the workgroup proposed a statewide one-stop call line for veterans similar to the Senior Linkage and Disability Linkage lines. Revation, the company that has supplied the software for Senior Linkage and Disability Linkage lines, has agreed to provide a one-year free trial of the Veterans Linkage Line software. After the first year, there will be no additional hardware required and approximately $0.04 per minute operating costs. Last year, MDVA launched www.minnesotaveteran.org, a one-stop Web site for information about education, medical, employment, retirement and other benefits. [Source: Independent Review Kristin Holtz article 13 Aug 07 ++]


VA CLINIC OPENINGS UPDATE 06: A joint effort of two Department of Veterans’ Affairs medical centers has put dental health care closer to the homes of many eastern North Carolina veterans. An open house was held 9 AUG at the VA Outpatient Clinic in Morehead City to celebrate the opening of the first community-based VA dental clinic in the state. Eligible veterans, who would normally travel to either the VA medical centers in Durham or Fayetteville, can now be referred to the Morehead City clinic for general dentistry and dental cleanings. While the Morehead City clinic is affiliated with the medical center in Durham, many area veterans who are patients at the Fayetteville medical center also live close to the Carteret County site. By working together, the two medical centers are making the new dental clinic accessible to all those eligible veterans who live nearby. While VA dental services have traditionally been associated with its hospitals, VA Mid-Atlantic Health Care Network Director Daniel Hoffmann believes the Morehead City clinic will be an example for others to follow.

For many of the area's veterans, trips to a VA hospital require several hours. While specialty dental care may still require visits to Durham or Fayetteville, the Morehead City clinic is now equipped with four dental exam rooms and will be staffed by two general dentists, a dental hygienist and dental assistants. The Morehead City outpatient clinic currently provides primary care and mental health care services to about 2,400 veterans. The planned enrollment for the dental clinic is expected to be about 700 patients in the first year. The clinic was originally designed under the premise that it would serve as a joint clinic with the U.S. Navy. When that plan did not work out, the VA decided to proceed with building the larger facility to accommodate future growth. At a community meeting last October, it was announced that VA staff would be taking over operations of the clinic from the private corporation that had provided care since the clinic's opening. VA officials said at that time that the move would allow for better health care for veterans in the area. An eye clinic is expected to be added to the Morehead City site in October and the possibility of other services is being evaluated. All the unused space will be filled with the additions, but other services such as dermatology or podiatry might be possible through visiting specialists.

The dental care at the Morehead City clinic is for dental-eligible veterans only. Congress has established special eligibility rules for dental care for veterans. The majority of patients who are eligible are either 100% disabled due to a service-connected condition, have a service-connected disability for a dental condition or are within 90 days of discharge from active duty. Patients must be referred to the clinic by the VA Medical Center in Durham. Priority will be given to eligible dental patients who are currently treated in Durham or Fayetteville, who live closer to Morehead City and whose providers feel they may transfer their care. Patients in these categories will be called or will receive a letter telling them of their options to transfer their routine dental care to the Morehead City clinic. Current users of VA care who would like to request dental care at the Morehead City clinic may call the Durham VA Medical Center at1 (888) 878-6890, ext. 6247. New patients to the VA system should complete VA Form 10-10EZ in full, listing "Morehead City CBOC" in section 1B. Packets can be picked up at the clinic, requested from the Durham VA Medical Center or obtained electronically at www.1010ez.med.va.gov. Include a copy of DD214 if available and mail to: Eligibility Office (136); VA Medical Center; 508 Fulton St.; Durham, N.C. 27705. Patients will be contacted by phone once registration is complete. [Source: Jacksonville NC Daily News Staff Jannette Pippin article 9 Aug 07 ++]


TRICARE PRIME TRAVEL REIMBURSEMENT: Tricare Prime beneficiaries referred by their primary care manager for specialty services at a location more than 100 miles from their provider’s location may be eligible to have their reasonable travel expenses reimbursed by Tricare. Beneficiaries must have a valid referral and travel orders prior to traveling, and file a travel claim upon their return. This can be requested at the military treatment facility (MTF) or from the Tricare Regional Offices (TRO) if the doctor is a Tricare network provider. Beneficiaries will receive a briefing on the entitlement process, coverage, and their responsibilities at the MTF or from the TRO point of contact. Reasonable travel expenses are the actual costs incurred by the beneficiary when traveling to their specialty provider. Costs include meals, gas, tolls, parking, and tickets for public transportation (i.e., airplane, train, bus, etc.). Beneficiaries must submit receipts for expenses above $75. The MTF or TRO will provide the beneficiary with specific instructions on how and where to submit his or her travel entitlement claim. Government rates are used to estimate the reasonable cost. Beneficiaries are expected to use the least costly mode of transportation. Costs of lodging and meals may be reimbursed up to the government per diem rate. This benefit does not apply to travel expense for specialty care experienced by active duty uniformed service members, or active duty family members residing with their sponsors overseas, which are reimbursed by other travel entitlements. For more information on the Tricare Prime Travel Reimbursement, refer to www.tricare.mil/factsheets. [Source: Tricare News Release 8 Aug 07++]

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TRICARE PROVIDER TAX CREDIT: The leadership of the state of Oregon took a giant step forward in their unprecedented efforts to help Tricare beneficiaries receive the health care they deserve. A bill-signing ceremony was part of the fanfare surrounding the legislation, which features a tax incentive package that encourages health care providers to support military families by participating in Tricare, the health care plan for the uniformed services, retirees, and their families. The incentives include a one-time tax credit of $2,500 for new providers in the Tricare system, plus an additional annual credit for treating patients enrolled in Tricare. It also creates a deduction from federal taxable income in the first two years of a provider's participation in the Tricare system. TriWest Healthcare Alliance, the managed care support contractor for the Tricare benefit in Oregon and 20 other western states, applauded the efforts of Oregon Governor Ted Kulongoski and the Oregon legislature.

TriWest has been conducting a proactive campaign to enlist state governors in their service area to support active duty, retiree and Guard and Reserve families by encouraging physicians to accept patients with Tricare. With the encouragement and support of state leadership, the Oregon War Veterans Association and the Oregon Medical Association, TriWest Healthcare Alliance has increased the Tricare provider network in Oregon by 35% since the fall of 2004. There are currently more than 9,000 providers serving the 65,000 Tricare beneficiaries in Oregon. Maj. Gen. Elder Granger, Deputy Director, TMA said, “Increased availability of health care providers will become even more important as an improved Tricare Reserve Select (TRS) health care program launches this fall.” TRS offers a premium-based health care plan to National Guard and Reserve members. Starting 1 OCT 07, all eligible members of the Selected Reserve will be able to purchase health care coverage under the new TRS and all will pay the same low monthly premium. The current TRS plan, which remains in effect through 30 SEP, has a complex three-tier system requiring activation in support of a contingency operation, among others, to qualify for the lowest monthly premiums. Members of the Selected Reserve can refer to www.tricare.mil for more information on the improved TRS program. [Source: Tricare News Release 8 Aug 07 ++]


OREGON TAXES: The following taxes are applicable to military retirees:
Sales Taxes - State Sales Tax: None; Gasoline Tax: 24.9 cents/gallon & Diesel Fuel Tax: 24.3 cents/gallon (Local fuel taxes may add 1 to 3 cents/gallon); Cigarette Tax: $1.18/pack of 20.

Personal Income Taxes - Tax Rate Range: Low - 5%; High - 9%. For joint returns, the taxes are twice the tax imposed on half the income.
- Income Brackets: Lowest - $2,750; Highest - $6,851 w/3 brackets.
- Personal Tax Credits: Single - $154; Married - $308; Dependents - $154; and a credit equal to 40% of federal credit
- Standard Deduction: Single - $1,840; Married filing jointly - $3,685; Single over 65 - $1,200; Married over 65 filing jointly $2,000.
- Medical/Dental Deduction: Full only for age 59 or older, if itemized.
- Federal Income Tax Deduction: $5,000 ($2,500 if married filing separately)
- Oregon has a statutory provision for automatic adjustment of tax brackets, personal exemption or standard deductions to the rate of inflation.

Retirement Income Taxes: Federal income tax rules generally determine the amount of your pension that is taxed by Oregon. However, you may subtract some pensions on your Oregon return that were taxed on your federal return. Pensions not taxed are Social Security benefits, Veterans Administration benefits and Railroad Board benefits. Oregon allows a subtraction for part or all of the payments you receive from the federal pension system. Generally, retirement income is subject to Oregon tax. A tax credit of up to 9% of taxable pension income is available to recipients of pension income, including most private pension income, whose household income was less than $22,5000 (single) and $45,000 (joint), and who received less than $7,500/$15,000 in Social Security or Railroad Retirement benefits. The credit is the lesser of tax liability or 9% of taxable pension income.
a. Retired Military Pay: Federal retirees, including military personnel, may be able to subtract some or all of their federal pension income. This includes benefits paid to the retiree or to the surviving spouse. The subtraction amount is based on the number of months of federal service before and after October 1, 1991. Retirees can subtract their entire federal pension if all the months of federal service occurred before October 1, 1991. If there are no months of service before October 1, 1991, retirees cannot subtract any federal pension. If service included months before and after October 1, 1991, retirees can subtract a percentage of their pension income.
b. Military Disability Retired Pay: Disability Portion - Length of Service Pay; Member on September 24, 1975 - No tax; Not Member on September 24, 1975 - Taxed, unless combat incurred. Retired Pay - Based solely on disability: Member on September 24, 1975 - No tax; Not Member on September 24, 1975 - Taxed, unless all pay based on disability and disability resulted from armed conflict, extra-hazardous service, simulated war, or an instrumentality of war.
c. VA Disability Dependency and Indemnity Compensation: Not subject to federal or state taxes.
d. Military SBP/SSBP/RCSBP/RSFPP: Generally subject to state taxes for those states with income tax. Check with state department of revenue office.

Property Taxes: Oregon does not grant homeowners a homestead exemption. Tax rates are set by the counties and any special considerations are levied by county officials. Homeowners 62 or older may delay paying property taxes based on certain income criteria. The state offers a Disabled Citizen Property Tax Deferral Program and a Senior Citizen Property Tax Deferral Program. Both deferral programs allow qualified taxpayers to defer payment of their property taxes on their homes. The state pays the taxes to the county, maintains the account, and charges 6% simple interest, which also is deferred. Taxes are owed when the taxpayer receiving the deferral dies, sells the property, ceases to live permanently on the property, or the property changes ownership. To qualify for either program, the taxpayer must live on the property and have a total household income of less than $36,500 for the year before application. Participants may remain on either program as long as their federal adjusted gross income does not exceed that amount. If a participant's income exceeds the $36,500 limit, part of the taxes still may be deferred. Participants can come in and out of the programs if their income changes. In addition to meeting the income limitation and property ownership requirement, disabled persons must be receiving or be eligible to receive federal Social Security Disability benefits to qualify. Residents must be 62 years old or older to qualify for the Senior Citizen Property Tax Deferral Program. Call 800-356-4222 or 503-376-4988 for details or refer to http://www.oregon.gov/DOR/SCD/faq.shtml ... What-49575.

Inheritance and Estate Taxes: An Oregon inheritance tax return is required to be filed whenever a federal estate tax return (Form 706) is required to be filed. For a resident decedent, Oregon taxes real property and tangible personal property located in Oregon and intangible personal property wherever it is located. For a nonresident decedent, Oregon taxes real property, tangible personal property, and intangible personal property located in Oregon. An exemption is allowed for intangible personal property located in Oregon if a like exemption is allowed by the state of residence.

For latest information, visit the Oregon Department of Revenue site http://www.oregon.gov/DOR/ or call (503) 378-4988. [Source: http://www.retirementliving.com/RLstate3.html Aug 07 ++]


DEPLETED URANIUM UPDATE 04: In the wake of an Iraqi official in blaming America’s use of depleted uranium (DU) munitions in its 2003 "Shock and Awe" campaign for a surge in cancer there, the Defense Department is facing an OCT 07 deadline for providing a comprehensive report to Congress on the health effects of such weapons. The report is required by the National Defense Authorization Act for Fiscal Year 2007, which President Bush signed into law last year. The request for the study is an outgrowth of claims by Iraq war veterans that exposure to depleted uranium and other toxic substances there has negatively affected their health and that, therefore, their illnesses should be recognized as war-related and the treatment covered by the Veterans Administration. Currently, the State Department's Web site says fears about adverse health effects of DU, are "unwarranted," and it lists worries about DU under a section called "identifying misinformation." The site says the American military uses the material in ammunition to take advantage of its unsurpassed ability to penetrate armored vehicles, and it cites four separate studies -- by NATO, the Rand Corporation, the European Commission, and the World Health Organization -- that found no evidence of adverse health effects from depleted uranium.

Even so, worries persist. According to Rep. Jim McDermott [D-WA 07] who pushed for the report from the Pentagon, "There are countless stories of mysterious illnesses, higher rates of serious illnesses, and even birth defects. We do not know what role, if any, DU plays in the medical tragedies in Iraq, but we must find out." In contrast to soldiers who have lost limbs to explosive devices in Iraq, who qualify for Traumatic Servicemembers Group Life Insurance injury benefits of up to $100,000, veterans with unexplained cancers don't get benefits because cancer is a disease and not a war wound. On 23 JUL 07, Iraq's environment minister blamed at least 350 sites in Iraq being contaminated during bombing with depleted uranium weapons for about 140,000 cases of cancer there and for between 7,000 and 8,000 new cases each year. A U.N. Environment Program report states that depleted uranium poses little threat if spent munitions are cleared from the ground. However, no major clean-up or public awareness campaigns have been reported in Iraq, the report added. [Source: New York Sun R.B. Stuart article 6 Aug 07 ++]


VA NORTH TEXAS SITREP: The Veterans Affairs medical system in North Texas has a new director, Joe Dalpiaz, the third director in less than three years. He faces many challenges one of which is restoring local veteran’s faith in the ability of VA to care for their needs. The veterans of Tarrant, Johnson, Parker and Wise counties can hardly be faulted for their concerns. The VA's clinic on West Rosedale Street has been acutely overcrowded for close to a decade, and officials have talked about needing a larger one for at least six years. The VA system in North Texas is confronting a daunting array of problems -- overwhelming demand for services, long waits for appointments, complaints about rude employees and scathing reports from its own inspector general. Dalpiaz, 49, who took over in May as part of a management overhaul, vows to work on getting it right. The North Texas system (the Dallas hospital, Fort Worth clinic and a hospital and nursing home in Bonham) is the fifth-largest VA system in the nation, drawing from a pool of 481,000 veterans in 40 counties. This year's budget is $511 million. Even as it has struggled, and sometimes failed, to handle the World War II, Korean War and Vietnam-era veterans, hundreds of veterans from the Iraq and Afghanistan wars have further burdened the system. Thirty percent of the new enrollees are young men and women, many with complex mental health or brain injuries that require considerable time and care.

Dalpiaz seemed surprised when he took over to discover there was no strategic plan, no blueprint for where to go or how to get there. He insists that veterans must be treated better by employees. The Fort Worth hospital terminated 150 employees in the last year as a result of stricter performance and customer-service expectations, and the hospital is actively seeking more and better nurses, Dalpiaz said. He would like to improve the morale of nurses and physicians, and he said he is working to improve pay in a brutally competitive medical market in North Texas. He also expects to hire more people to answer the phones and reduce the wait time for a doctor appointment, all of which he believes would improve people's perceptions of their care. Eight months ago, the Fort Worth clinic closed its enrollment to veterans, an extraordinary step. The 45,000-square-foot building, opened in DEC 91, was designed for 45,000 outpatient visits a year. But just a few years after the facility opened, the squeeze started, in part because the Air Force closed the hospital at Carswell AFB. Patient numbers rose after a congressional decision to open VA healthcare to any veteran, the managed-care crunch and ballooning cost of prescription drugs. Last year, the facility recorded 149,429 outpatient visits -- three times more than it was designed to handle. In December, officials at the Fort Worth clinic decided to close enrollment to new veterans when the patient workload per doctor exceeded standards for care. There are only 13 doctors and physician assistants working in the building.

Anyone new who joins the system must drive to the Dallas hospital in Oak Cliff. "That's not good," Dalpiaz conceded. That's because the Dallas facility is no less crowded than the Fort Worth clinic. The Dallas facility sees close to 91,000 veterans annually and recorded more than 700,000 outpatient visits last year. Just trying to park at the Dallas facility can take half an hour or more and involve a 10-minute walk.
The VA's requirement that a veteran get an appointment within 30 days is being met only half the time. Mike George, the newly named clinic administrator, said there's a ripple effect on the entire facility if a doctor falls behind, a suicidal patient shows up, a doctor calls in sick or a crush of veterans drop in without appointments. Eldon Armstrong of Grand Prairie, adjutant of the state Disabled American Veterans chapter, said more funding is the answer to the VA's problems. Other than an overburdened system, he characterized VA care in North Texas as outstanding. "If the Congress would fund the VA to build additional facilities and fund the cost of staffing those, then that would help a patient like me get a timely appointment," Armstrong said.

The VA has closed a real estate deal in south Fort Worth and drawn up conceptual plans, and money has been set aside in the budget. Officials expect to break ground by the summer or fall of 2008. The new clinic will dwarf the existing building -- 193,000 square feet larger, hundreds more parking spaces, a lunch cafe and expansion room just off Interstate 20. The two-story building will have room for 32 doctors, more than a twofold increase. The VA also hopes to start offering cardiology, endoscopy, pulmonary and dermatology services in Fort Worth and would like to open a women's clinic. Plans include moving mental health services back into the facility. "It will be the largest leased clinic in the entire VA system," said Bob Bearden, a facility planner for the system. Like the facility on Rosedale, the VA will lease it from a private developer for 20 years. Officials believed that they could no longer wait for VA construction money to build it. But that means that the estimated $4.2 million lease will come out of the North Texas system's operating budget -- the same money used to buy drugs and pay nurses. The VA will increase doctors, nurses and support staff in Fort Worth, but whether it can afford to fully staff the clinic remains to be seen. [Source: Fort Worth Star-Telegram Chris Vaughn article 5 Aug 07 ++]


VA CARE VET BACKLASH: Angry veterans shouted down U.S. Rep. Ciro Rodriguez [D-TX-23] as he tried to bring order to a forum for veterans held in downtown San Antonio 5 AUG. "We know, we understand, how crucial this issue is," the San Antonio congressman tried to tell an overflow crowd of veterans who had been invited to ask questions and share experiences with U.S. Rep. Bob Filner [D-CA] , chairman of the House Committee on Veterans' Affairs, along with Rodriguez and two other Democratic congressmen from Texas. But Rodriguez was drowned out and ultimately gave the floor to Jack E. Long, one of several vets who heckled the moderator as she tried to read e-mail questions that had been sent to the congressmen in advance. "Don't try to talk over me!" Long yelled to Rodriguez as he clutched his wife's hand. "I've had PTSD for years, and I've been turned away from the VA five times! I served my country for 44 years!" Veterans and their families around him cheered and clapped. Then they set about telling the congressmen that a nation that claims to support its troops hasn't done well by them since they served; many of them said they've had to deal with PTSD, or post-traumatic stress disorder. Hancock Darrell refused to sit until he, too, could tell his story. "I've had PTSD for 24 years," Darrell shouted. "I've been diagnosed five times. But what does the VA say? 'We need more information.' And they turn me down again."

Filner then told the audience that the House had committed "tens of billions" into the 2008 budget for PTSD. He said he was working to change the adversarial relationship the Department of Veterans Affairs has with so many veterans, especially those of the Vietnam era. "I want to run a claim system like the IRS," he said. Such a system would accept a veteran's claim on its face rather than force the veteran "to prove Agent Orange caused this. You shouldn't have to prove anything. You served us; now we should be serving you." U.S. Rep. Charlie Gonzalez [D-TX-20] of San Antonio, who joined Filner, Rep. Henry Cuellar [D-TX-28] of Laredo and Rodriguez on the stage, took the microphone to plead for unity. "We're not fighting smart," he said. "We're fighting ourselves here today. We have to show people that veterans are not part of our past." The key to a healthy volunteer military, he said, is showing young people who might be interested in serving that they will be taken care of after they leave the military. Rodriguez, who sits on the Veterans' Affairs Committee, noted that 80% of veterans get no care from the VA, many because they've become disillusioned with an agency that has a backlog of claims close to 800,000 claims that can take years to resolve.

In his opening remarks, Filner said he had come to listen and learn, and he asked the capacity crowd how many had served in Vietnam. The majority in the room raised their hands. "Thank you for your service," he said, "And I am sorry. We did not do the job for you." More than 200,000 homeless Vietnam veterans will sleep on the streets tonight, he told the crowd, and as many Vietnam veterans have now committed suicide as died in the war. "And that is a moral disgrace. We must correct it as best we can and make sure it never happens again." The ratio of injured to killed in today's wars is a staggering 17-to-1, he said. In Vietnam, it was 3-to-1. "We spend $1 billion every two and a half days" in Iraq and Afghanistan, he said. "Supporting our troops at home needs to be part of that cost." Congress has added $13 billion to the 2008 budget for veterans’ affairs, Filner said, calling it the largest increase ever. "The resources will be there. It's our job to make sure they serve you." Long before the audience was ready, the hour long session came to a close and the congressmen headed to Del Rio for another veterans forum that evening. [Source: San Antonio Express-News Tracy Hamilton article 5 Aug 07 ++]


PUERTO RICO MEDICAL FRAUD: Over 80 doctors and licensing board administrators from Puerto Rico have been indicted by a US federal grand jury for taking part in a large scale fraud that helped unqualified doctors in the self governing US territory obtain medical licenses through alleged bribery and deception. Most of the defendants are Puerto Rican and have been practicing as doctors in Puerto Rico, including in emergency departments, but so far, according to the authorities, none has practiced on mainland USA. A medical license from Puerto Rico is recognized in five US states: Arizona, Florida, New York, Texas, and Virginia. The defendants are said to have obtained false licenses by various means, including bribing officials with up to $10,000 and substituting exam papers submitted by successful candidates for their own. According to ABC News, a secretary at the licensing board allegedly cut and paste extracts of papers from successful candidates into the papers submitted by some of the defendants so they could be passed off as authentic. Some of the cases are thought to have involved “intermediaries”. These are people who approached doctors who failed their exams and suggested to them they could get licenses by other means. The intermediaries liaised between the doctors and the licensing board officials.

Some of the defendants had failed their medical exams a dozen times. Most of them did their medical training overseas, for instance in the Dominican Republic, Mexico and Cuba. One of the people arrested is the former executive director of the licensing board in Puerto Rico, Pablo Valentin. Television news showed him being led away by local police and agents from the US Food and Drug Administration (FDA). The current list of charges could be the tip of the iceberg as federal agencies unravel the threads of a fraud that could stretch farther back than 2001, the year the current charges reaches back to. The pattern of the scores on the test papers suggests this could have been going on much earlier, said one attorney. Also, there could be implications in other areas of the law. For instance, if the defendants have prescribed medication while unlicensed, then they could face charges under the Controlled Substances Act. And if they have submitted claims to Medicare or Medicaid while unlicensed, these actions may attract charges of false statements and mail fraud. The defendants, if convicted, could face prison terms of 5 to 20 years. Federal authorities are searching for nine other suspects, 3 believed to be in Puerto Rico and 5 in Philadelphia, Florida and the Dominican Republic. [Source: AP Michael Melia article 3 Aug 07 ++]


SALUTING THE FLAG: The Senate has passed legislation to ensure that veterans and service members can salute the flag when not in uniform. The bill S.1877, sponsored by Sen. James Inhofe [R-OK] would address the ambiguity of current law, which states that veterans and service members not in uniform should place their hand over their hearts, without specifying whether they can or should salute the flag. Inhofe said, “The salute is a form of honor and respect, representing pride in one’s military service. Unfortunately, current U.S. law leaves confusion as to whether veterans and service members out of uniform can or should salute the flag.” Inhofe said he believes this is “an appropriate way to honor and recognize the 25 million veterans who have served in the military and remain as role models to others citizens. Those who are currently serving or have served in the military have earned this right, and their recognition will be an inspiration to others.” The House would have to agree to the legislation before it could become law. The bill does not address the ambiguity of veterans saluting during The Pledge of Allegiance and playing of the National Anthem. Present policy for saluting is:

- When the flag passes in a procession, or when it is hoisted or lowered, all should face the flag and salute.
- To salute, all persons come to attention.
- Those in uniform give the appropriate formal salute.
- Citizens not in uniform salute by placing their right hand over the heart and men with head cover should remove it and hold it to left shoulder, hand over the heart.
- Members of organizations in formation salute upon command of the person in charge.
- The pledge of allegiance should be rendered by standing at attention, facing the flag, and saluting. When the national anthem is played or sung, citizens should stand at attention and salute at the first note and hold the salute through the last note. The salute is directed to the flag, if displayed, otherwise to the music.
[Source: ArmyTimes Daily News Roundup 3 Aug 07 ++]


VA FACILITY EXPANSION UPDATE 05: VA and Ft. Bragg have opened a newly expanded facility to explain benefits to transitioning service members at the post’s Soldier Support Center. Dedication of the facility, called a Benefits Delivery Office, was held 1 AUG at Building 4-2843 on Normandy Drive. In North Carolina, in addition to Fort Bragg, VA operates benefits offices on Camp Lejeune Marine Corps Base and New River Marine Corps Air Station, with services provided at Cherry Point Marine Corps Air Station and Seymour Johnson Air Force Base. The Benefits Delivery Office is open from 08-1600 weekdays. Information on VA benefits can also be obtained by calling 1(800) 827-1000, or by visiting the VA website at www.va.gov. [Source: NAUS Weekly Update 3Aug 07 ++]


VA LOCAL ACCESS: The Department of Veterans Affairs is represented by numerous Regional offices (VARO), state Benefit Offices, Vet Centers, and medical facilities throughout the U.S. and its territories. Locations of these facilities can be found at:
- VARO: http://www.vba.va.gov/benefits/ROcontacts.htm
- State Benefit Offices: http://www.va.gov/statedva.htm
- Vet Centers: http://www1.va.gov/directory/guide/vetcenter.asp
- Medical, cemetery, and all the above: http://www1.va.gov/directory/guide/home.asp.
- The yellow pages of your local telephone directory under “Government Offices”

For questions or information you get an email response by asking your question at https://iris.va.gov/scripts/iris.cfg/ph ... r/home.php. To talk to someone you can go to your local VA office or call the following
- VA Benefits: 1(800) 827-1000 for Burial; Civilian Health & Medical Program of the Department of Veterans Affairs (CHAMPVA); Death Pension; Dependency Indemnity Compensation; Direct Deposit; Directions to VA Benefits Regional Offices; Disability Compensation; Disability Pension; Education; Home Loan Guaranty; Life Insurance; Medical Care; Vocational Rehabilitation & Employment.
- Education (GI Bill): 1(888) 442-4551
- Health Care Benefits: 1(877) 222-8387
- Income Verification and Means Testing: 1(800) 929-8387
- Life Insurance: 1(800) 669-8477
- Mammography Helpline: 1(888) 492-7844
- Special Issues - Gulf War/Agent Orange/Project Shad/Mustard Agents and Lewisite/Ionizing Radiation: 1(800) 749-8387
- Status of Headstones and Markers: 1(800) 697-6947
- Telecommunications Device for the Deaf (TDD): 1(800) 829-4833
- Suicide Call Center: 1(800) 273-TALK (8255).
[Source: VA website www.vba.gov Aug 07 ++]


VA CLINIC OPENINGS UPDATE 05: The Department of Veterans Affairs (VA) announced week to construct in Guam a new $5.4 million outpatient clinic (OPC) on the periphery of the island’s naval hospital. The plan approved by VA Secretary Jim Nicholson calls for a 6,000 square-foot outpatient clinic next to the grounds of the naval hospital, with its own parking area. Patients will not have to pass through Navy security to get to the facility. The new OPC is scheduled to open in the summer of 2009. It will replace the existing 2,700 square-foot VA OPC at the naval hospital. VA will still partner with the naval facility for emergency and after-hours health care, acute inpatient care and some specialty services. About 9,000 veterans live on the island. The existing clinic employs a staff of 11, including an internal medicine physician, psychiatrist and nurse practitioner. It provides primary care, mental health care, limited specialty services and physical examinations for VA’s compensation and pension benefits. [Source: NAUS Weekly Update 3 Aug 07 ++]

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SBP BASICS UPDATE 01: When a military retiree dies their retirement pay stops. This means that the surviving spouse will be left without a substantial income source. If you are considering retirement you need to give serious thought to how you can protect your spouse from the hardships caused by the loss your retirement pay. One option available to you is the Survivor Benefit Plan (SBP). This is an insurance plan that will pay your surviving spouse a monthly payment (taxable annuity) to help make up for the loss of your retirement income. The plan is designed to protect your survivors against the risks of your early death; your survivor outliving the benefits; and inflation. At retirement, full basic SBP for spouse and children will take effect automatically if you make no other valid election. You may not reduce or decline spouse coverage without your spouse's written consent. This means you will have to have your spouses input in the decision and his or her signature is required. If you are divorced or not married than any future spouse can be signed up within one year of the marriage.

If you do not decline SBP you will be required to pay a monthly premium. If a marriage ends, the SBP premium payments are stopped when the retiree notifies DFAS. Premiums and benefits are based on the base amount or benefit level that you elect. Your base amount can be any amount from full coverage down to as little as $300 a month. Full coverage is based on your full retired pay meaning your spouse will receive 55% of your retirement pay. If you select lesser coverage then your spouse will receive 55% of your elected base amount. A surviving spouse's SBP annuity is reduced when they reach age 62 and become eligible for Social Security. This is called the Social Security offset. In the past the offset reduced the SBP annuity to 35% of the base amount. Fortunately the NDAA of 2005 established a phase out of the offset. This will increase the SBP offset percentage from the present 50 to 55% effective 1 APR 08. Categories of coverage are:
- Spouse Only: Eligibility for this requires that a surviving spouse be a widow or widower who was married to a retiree at the time of his or her enrollment; or, if not married at the time of enrollment, was married to the deceased retiree for at least one year prior to the retiree’s death; or, if not married at time of enrollment and was not married to the deceased retiree for at least one year prior to death, was the parent of issue by that marriage. Spouse coverage applies not only to the spouse a member has at time of enrollment, but also automatically to any subsequent spouse the member might acquire, unless the member elects to decline coverage for a subsequent spouse within one year of the date of marriage (concurrence of the subsequent spouse is not required, but that spouse will be notified of the member’s declination).
- Spouse (or Former Spouse) and Child: SBP protection is expanded to cover an eligible child or children if there is no surviving spouse, or if a surviving spouse subsequently dies or becomes ineligible to receive benefits due to remarriage before the age of 55. Thus, if there is a divorce or if the spouse dies before the retiree, the full annuity will be paid to the eligible surviving child or children in the same manner as if the member had elected Child Only coverage.
- Child Only: This option provides an annuity only for dependent children regardless of whether a member is married or not at time of enrollment (although a married member’s spouse must concur with a child only election). Children remain beneficiaries until age 18 or age 22 if a full-time, unmarried student. Children mentally or physically incapable of self-support remain eligible, while unmarried, for as long as the incapacitation exists. A member with no dependent children at time of eligibility to elect coverage may elect coverage for a child subsequently acquired, but the child must be added within one year of being acquired (born, adopted, etc.).
- Former Spouse: A member who has a former spouse upon becoming eligible to elect a survivor annuity may elect coverage for a former spouse. If the member has more than one former spouse, the member must specify which former spouse is being covered. An election for a former spouse prevents payment of an annuity to a current spouse. A former spouse who was not a member’s former spouse on the date a member became eligible to participate in SBP must have been married to the member for at least one year in order to be named as a former spouse beneficiary.
- Insurable Interest: A member who does not have a spouse or dependent child when eligible to make a program election may elect to provide coverage for a person with an insurable interest in the member (such as, a business partner or parent). DoD defines an insurable interest as a natural person who has a reasonable and lawful expectation of financial benefit from the continued life of the participating member, or any individual having a reasonable and lawful basis, founded upon the relation of parties to each other, either financial or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the retired member. If the election is for a person who is more nearly related than a cousin, no proof of financial expectation is required. An election for insurable interest coverage, for other than a dependent made by a member retiring on or after 24 NOV 03 under a military disability provision, who dies within one year after being retired due to a cause related to the disability for which retired, shall be voided and any premiums paid for that coverage will be paid to the person to whom the annuity would have been paid.

Like your retirement pay the SBP annuity is protected from inflation. Each year when retired pay gets a COLA, so does the base amount, and as a result, so do premiums and annuity payments. Meaning that your premiums and annuity payments will increase with the COLA. These increases are determined by the previous year's Consumer Price Index and averages approximately 2.5%. For specific costs on your election refer to http://www.military.com/benefits/surviv ... d-benefits. NOTE: Survivors should report retiree deaths to the DFAS casualty office at 1(800) 269-5170. Faxes can be sent to the office at 1(800) 469-6559. [Source: NCPOA Don Harribine 2 Aug 07 ++]


RETIREE ANNUAL COLAS UPDATE 01: Military retired pay rises each year to ensure that inflation does not erode the purchasing power of retirees. These cost-of-living adjustments, known as COLAs, match the annual increase in Social Security benefits. They become effective each 1 DEC and first show up in January paychecks. The foundation for the COLA adjustment is the Labor Department’s Consumer Price Index, a measure of the cost of certain categories of goods and services that is updated monthly. There is one overall CPI, as well as a variety of more specific indexes. The index upon which the retired pay COLA is based is called the CPI for Urban Wage Earners and Clerical Workers, or CPI-W. The rate of inflation may rise and fall throughout the year, but the exact increase in retired pay is based only on the average inflation rate over the last quarter of the fiscal year that runs from Oct. 1 to Sept 30. The size of the increase is equal to the difference between the average inflation rate in that quarter and the average inflation rate in the same quarter of the previous fiscal year. For the purposes of military retired pay, this means the only months in which inflation matters are July, August and September. So far this fiscal year inflation rates have been OCT 06 (-1.1), NOV 06 (-1.2), DEC 06 (-1.0), JAN 07 (-0., FEB 07 (-0.3), MAR 07 (0., APR 07 (1.5), MAY 07 (2.3), & JUN 07 (2.4). Thus, if the last the month’s CPI-W rates were to be used to compute the 2008 COLA we would be looking at an increase of 1.5 + 2.3 + 2.4 divided by 3 which equates to 2.1%. Service members who retire in a given fiscal year receive a partial COLA for that year only, based on the date of their retirement. They receive the full COLA in subsequent years. The retired pay COLA technically is not automatic; Congress must formally approve it each year. To track CPI-W yourself go to www.armytimes.com and click on "Retirement Tracking your COLA”. [Source: Army Times Aug 07 ++]


VA FRAUD UPDATE 01: The U.S. attorney's office announced 1 AUG that a grand jury has indicted a 63-year-old San Diego woman on charges alleging that she embezzled more than $120,000 in military veteran's survivor benefits over a 10-year period. Linda Bent Lampert is scheduled to be arraigned on the 36-count indictment 6 AUG, federal prosecutors said in a news release. Lampert is alleged to have received benefits through the Dependency Indemnity Compensation (DIC) program, which provides money to the unmarried, surviving spouses of military veterans who have died. Lampert's mother was eligible to receive the benefits from DEC 75 until her death in AUG 96, but Lampert continued to receive the payments after her mother died, according to federal prosecutors. Lampert is alleged to have forged her mother's signature in AUG 03 on a document submitted to the Department of Veterans Affairs, which administers the program, according to federal prosecutors. [Source: San Diego North County Times Scott Marshal article 1 Aug 07 ++]


VET HOME TENNESSEE: On 1 AUG state officials said the state veterans' home in Murfreesboro TN has been fined nearly $200,000 for violations thus far this year. The home was being fined $6,000 a day by the Centers for Medicare and Medicaid Services, but that fine has since been knocked down to $800 a day because of improvements in care. State Finance Commissioner Dave Goetz told a joint legislative committee that the state can't simply pay the $198,900 fine because the veterans' homes were set up by the Legislature to be managed by an independent board. Goetz recommended that lawmakers consider changing the management structure for the veterans' homes in Murfreesboro, Humboldt and Knoxville. Gov. Phil Bredesen in JUN 07 put a freeze on new admissions to the homes after an investigation into the Murfreesboro facility found the staff failed to manage residents who showed aggressive behavior, protect residents from harm, report unusual incidents and investigate injuries. The nursing home was also fined by state and federal officials last year after a report by the state Health Department found workers failed to treat bedsores and follow doctors' orders, putting residents' lives in danger. Bredesen lifted the admissions ban for the Knoxville and Humboldt homes last month.

When the state's first veterans home opened in Murfreesboro, the plan was for it and any other homes to finance themselves through federal Veterans Affairs money, from Medicare and Medicaid payments and from private pay. But the homes have not become self-sufficient. They have also become riddled with accounting problems that have led to incomplete financial records, according to a state audit. Goetz said the state has put on hold a plan to open a new veterans home in Clarksville. "Given all the things we've had going on, I didn't think we'd get a very positive reception if we pressed at this moment," he said. "I think we're going to have to kind of get things straightened out before we consider proceeding ahead with Clarksville."

The first Tennessee veterans’ home located on a seven acre lot, deeded to the Board by the U.S. Department of Veterans Affairs, adjacent to the Alvin C. York VA. Medical Center opened in Murfreesboro 10 JUN 91. It is a 140 bed facility offering intermediate and skilled levels of nursing care in a one-story building encompassing 69,278 square feet. Legislation passed by the state’s General Assembly in 1993 provided for construction of a second facility in Humboldt Tennessee. Also, a 140 bed facility offering intermediate and skilled levels of nursing care. This one-story building encompassing some 74,870 square feet opened 7 FEB 96. The third home in Knox County opened in DEC 06. This 140 bed facility, offered intermediate and skilled levels of nursing care in a spacious 73,065 square foot, one-story building and is currently accepting residents. In each of the three facilities, 20 of the beds are located in a secure, special needs unit. Eligible applicants for admission are veterans who are entitled to medical treatment and/or other benefits from the USDVA, and who also meet at least one of the below additional requirements:
- Resident of Tennessee at time of admission.
- Born in Tennessee.
- Entered the U.S. Armed Forces in Tennessee.
- Tennessee address is official Home of Record on Veteran's Military Record.
- Has an immediate family member (Parent, Spouse, Sibling, or Child) or Legal Guardian who would serve as primary caregiver, who is a resident of Tennessee.

Spouse, Widow/Widower or Gold Star Parent may also be eligible for admission on a space available basis. Upon meeting the eligibility requirements, an applicant's name will be placed on a Potential Admissions Wait List. Applications are available for download at http://www.tsvh.org as well pricing and availability information. Also, a video/DVD on Tennessee’s homes can be ordered at no charge. Assistance on completing the application can be obtained by calling call the Admissions office in Murfreesboro at (615) 225-1852, in Humboldt at (731) 824-5776, or in Knoxville at (865) 862-8152. [Source: AP Erik Schelzig article Aug 07 ++]


HVAC UPDATE 02: In a Subcommittee on Disability Assistance and Memorial Affairs legislative hearing 1 AUG on H.R. 674, H.R. 1273, H.R. 1900, H.R. 1901, H.R. 2346, H.R. 2696, and H.R. 2697, members expressed general bipartisan support for these bills. One area of concern among subcommittee Republicans is the lack of cost information now available, especially as much of the legislation considered involves the need for PAYGO mandatory funding offsets. H.R. 2696, H.R. 2697, and H.R. 2346 each directly address how Congress determines the location of national cemeteries in a timely manner. Following are the bills that are under consideration:

- H.R. 2696, the Veterans Dignified Burial Assistance Act of 2007 introduced by subcommittee ranking member Doug Lamborn (R-CO) contains provisions which would improve the VA burial benefit and state veteran’s cemeteries. This bill would increase the burial and plot allowance for a veteran’s burial in a private cemetery from $300 to $400. The bill would also repeal the current time limitation for state reimbursement of interment costs by VA. Occasionally, a state locates the remains of veterans who were not buried. When states bury these veterans, VA may not be able to reimburse them because of a time limit on reimbursement. Additionally, the bill would authorize the VA secretary to make additional grants to states for improving and expanding state veteran cemeteries. States would have to submit an application to the secretary, and could receive up to $5 million.

- H.R. 2697, also introduced by Lamborn, would extend eligibility for Veterans Mortgage Life Insurance (VMLI) to members of the armed forces. VMLI is a special type of life insurance that is only available to veterans who qualify for specially adapted housing grants. Many of our nation’s injured active duty servicemembers may eventually qualify for VMLI, and would benefit by having this eligibility.

- H.R. 2346, introduced by Vito Fossella (R-NY), would direct VA to establish a process to determine whether a geographic area is sufficiently served by existing veterans’ cemeteries. The process will take into account the following variables for each geographic area: (1) total number of veterans; (2) average distance a resident must travel to reach the nearest national cemetery; (3) population density; (4) average amount of time it takes a resident to travel to the nearest national cemetery; (5) availability of public transportation for purposes of traveling to national cemeteries; and (6) average amount of fees charged to an individual traveling on the major roads leading to the national cemeteries. This process will be a departure from the current 175,000 population and 75-mile thresholds that the VA uses for determining the need of a national cemetery.

- H.R. 674, introduced by Luis Gutierrez (D-IL) would repeal the 2008 sunset provision on VA’s Advisory Committee on Minority Veterans. The committee comprises representatives from minority groups, veterans’ service organizations, and representatives from many federal, state, and local government agencies. The major functions include: (1) advising the VA secretary and Congress on VA’s administration of benefits and provisions of health care, benefits, and services to minority veterans; (2) providing an annual report to Congress outlining recommendations, concerns and observations on VA’s delivery of services to minority veterans; (3) meeting with VA officials, veteran service organizations, and other stakeholders to assess the department’s efforts in providing benefits and outreach to minority veterans; and (4) making periodic site visits and holding town hall meetings with veterans to address their concerns.

- H.R. 1273, introduced by Shelley Berkley (D-NV) extends eligibility for a $300 plot allowance for burial in a private cemetery who is eligible for burial in a national cemetery and who: (1) was discharged from active service for a disability incurred or aggravated in the line of duty; or (2) is a veteran of any war. Currently, a veteran is only eligible for this plot allowance if they were receiving VA compensation, pension benefits, or died of service-connected injuries. The bill also authorizes the VA secretary to reimburse a veteran’s family for the cost of buying a non-governmental headstone. While this authorization would be of great help to families of deceased veterans, significant mandatory funding offsets would be required needed for its passage.

- H.R. 1900, introduced by Nick Rahall (D-WV), would extend eligibility for pension benefits under laws administered by the VA secretary to veterans who received an Armed Forces Expeditionary Medal. The VA has designated “periods of war” to identify veterans who qualify for certain veterans’ pension benefits. However, these periods of war may differ from dates given in declarations of war, termination of hostility dates, proclamations, laws, or treaties; thus many veterans who served in hostile areas are not eligible for veterans’ pension benefits.

- H.R. 1901, also introduced by Rahall, is similar to H.R. 1900, but would only extend the pension benefit to veterans who served during the following time periods: (1) the period beginning on 1 FEB 55, and ending on 4 AUG 64, in the case of active military, naval, or air service performed in the Republic of Korea; (2) the period beginning on 8 MAY 75, and ending on 1 AUG 90, in the case of active military, naval, or air service performed in the Republic of Korea; (3) the period beginning on 24 AUG 82, and ending on 31 JUL 84, in the case of active military, naval, or air service performed in Lebanon or Granada; and (4) the period beginning on 20 DEC 89, and ending on 31 JAN 90, in the case of active military, naval, or air service performed in Panama.
[Source: HVAC Republican Press Release 1 Aug 07 ++]


COMMISSARY CONSTRUCTION FUNDING: The chairman of the Senate defense appropriations subcommittee Sen. Daniel Inouye (D-HI) has asked Defense Secretary Robert Gates to help the Defense Commissary Agency (DeCA) with a looming cash squeeze for store construction. Movement of force structure due to base closings and realignment, the planned restationing of forces from forward areas in Europe, and the ongoing expansion of the Army and Marine Corps is forcing the DeCA to divert resources from its ongoing modernization program, “indefinitely delaying many needed projects,” Inouye wrote in a 23 JUL letter to Gates. “I have learned that nearly the entire fiscal year 2008 and 2009 construction program has been revamped to accommodate the restationing program … I strongly urge you to allow commissaries to receive military construction or base closure and realignment funding to meet the restationing requirement and will work with you in this regard. It is the right thing to do.” wrote Inouye. Michael Dominguez, principal deputy undersecretary of defense for personnel and readiness, told lawmakers at a 13 MAR House hearing that his office unsuccessfully sought $3.1 billion for construction costs for commissaries and exchanges as part of the Pentagon’s fiscal 2008 budget plan. Patrick Nixon, DeCA director, testified in the earlier hearing that the strain on the surcharge account, derived from the standard 5% markup on commissary items that traditionally supports store construction and renovation, represents the commissary system’s biggest challenge. At the 16 military communities that will see significant personnel increases in the next few years, “our existing facilities will not be able to accommodate the increased patron demand,” he said. BRAC actions will close six installations with commissaries, while overseas rebasing will affect 28 other stores in various ways. But the concern is those 16 installations (10 stateside and six overseas) which are expected to gain a significant number of people as a result of!
the ong
oing moves, will require increased near-term store construction and expansion. To address that, defense officials have two choices: raise the current 5% surcharge that customers pay on all commissary items, or supplement the surcharge fund by pumping in additional taxpayer dollars. “Besides penalizing servicemen and women at the bases that will have their projects delayed, it is unfair to ask our military people to pay again for construction of stores after they have already paid once for stores at existing bases that are now being closed or down sized,” Inouye said in his letter. [Source: Army News Karen Jowers article 2 Aug 07 ++]


SBP PAID UP PROVISION UPDATE 03: Effective 1 OCT 08 Uniformed Services Survivor Benefit Plan (SBP) participants who reach 70 years of age and have made 360 payments (30 years), will no longer have to pay premiums for continued SBP coverage and will be placed in “Paid-up SBP” status. Paid-up SBP provisions were mandated by the National Defense Authorization Act for fiscal 1999. The law also established a paid-up status, also beginning on 1 OCT 08 for participants in the Retired Serviceman’s Family Protection Plan once they reach 70 years of age. No action is required of SBP participants to be placed in Paid-up SBP status. Once the eligibility criteria has been met, the Defense Finance and Accounting Service (DFAS) will automatically stop deducting premiums from qualifying military retired pay accounts. The law establishing Paid-up SBP does not allow for refunds of premiums paid before October 1, 2008, even though a retiree may have reached age 70 and made 360 or more premium payments.

DFAS is currently developing changes to the military retiree pay systems that will monitor the number of SBP premiums paid and the age of the participant. The system updates are targeted for a May 2008 completion date. At that time, SBP participants who will be eligible for Paid-up SBP status on October 1, 2008, or will meet eligibility within a short time of the implementation date, will be notified by mail of their impending paid-up status. Those military retirees who become eligible for Paid-up SBP status after the initial group will be notified of their SBP status on their DEC 08 annual Retiree Account Statements (RAS) that will note the number of premiums paid to date. Each RAS issued after DEC 08, whether annually or as a result of a pay change, will include the Paid-up SBP premium “counter,” based on DFAS records, to help retirees monitor their eligibility status. More information on Paid-up SBP, including frequently asked questions and news updates, should be available at the DFAS Web site at www.dfas.mil/ retiredpay. html within the next several months. [Source: DFAS Notice Aug 07 ++]


AGENT ORANGE DISEASES UPDATE 01: The VA has determined that a presumption of service connection will apply to certain claims based on exposure to herbicides that were used during the Vietnam war era. This determination is based primarily but not solely on the Institute of Medicine’s [IOM] ability to determine association exists. The following categories of Association are applicable to presumptive conditions:
- Sufficient - Evidence is sufficient to conclude that there is a positive association. That is, a positive association has been observed between exposure to herbicides and the outcome in studies in which chance, bias, and confounding could be ruled out with reasonable confidence. For example, if several small studies that are free from bias and confounding show an association that is consistent in magnitude and direction, there could be sufficient evidence of an association.
- Limited or Suggestive - Evidence suggests an association between exposure to herbicides and the outcome, but a firm conclusion is limited because chance, bias, and confounding could not be ruled out with confidence. For example, a well-conducted study with strong findings in accord with less compelling results from studies of populations with similar exposures could constitute such evidence.

The National Academy of Sciences “The Veterans and Agent Orange: Update 2006” IOM report has assigned association categories on the following medical conditions:
1. Sufficient Evidence of Association:
- Chloracne
- Cancers:
a. Chronic lymphocytic leukemia (CLL).
b. Non-Hodgkin’s lymphoma.
c. Hodgkin’s disease
d. Soft-tissue sarcoma

2. Limited or Suggestive Evidence of Association:
- Early-onset transient peripheral neuropathy.
- AL amyloidosis.
- Hypertension.
- Porphyria cutanea tarda.
- Type 2 diabetes (mellitus)
- Cancers:
a. Larynx
b. Lung, bronchus, or trachea
c. Multiple myeloma
d. Prostate
- In offspring of exposed individuals - Spina bifida
[Source: Various Aug 07 ++]


AGENT ORANGE DISEASES UPDATE 02: The VA has determined that a non-presumption of service connection will apply to certain claims based on exposure to herbicides that were used during the Vietnam war era. This determination is based primarily but not solely on the Institute of Medicine’s [IOM] ability to determine if association exists. The following categories of association are applicable to non-presumptive conditions:
- Inadequate or Insufficient - The available studies are of insufficient quality, consistency, or statistical power to permit a conclusion regarding the presence or absence of an association. For example, studies fail to control for confounding, have inadequate exposure assessment, or fail to address latency.
- Limited or Suggestive Evidence of No Association - Several adequate studies, which cover the full range of human exposure, are consistent in not showing a positive association between any magnitude of exposure to the herbicides of interest and the outcome. A conclusion of “no association” is inevitably limited to the conditions, exposure, and length of observation covered by the available studies. In addition, the possibility of a very small increase in risk at the exposure studied can never be excluded.

The National Academy of Sciences “The Veterans and Agent Orange: Update 2006” IOM report has assigned association categories on the following medical conditions:
1. Inadequate or Insufficient Evidence to Determine Association
- Neurobehavioral disorders (cognitive and neuropsychiatric)
- Movement disorders, including Parkinson’s disease and amyotrophic lateral sclerosis
- Chronic peripheral nervous system disorders
- Respiratory disorders
- Gastrointestinal, metabolic, and digestive disorders (changes in liver enzymes, lipid abnormalities, ulcers)
- Immune system disorders (immune suppression, autoimmunity)
- Ischemic heart disease *
- Circulatory disorders (other than hypertension)
- Endometriosis
- Effects on thyroid homeostasis
- Cancers:
a. Oral cavity (including tongue), pharynx (including tonsils), or nasal cavity (including ears and sinuses).
b. Pleura, mediastinum, and other unspecified sites within the respiratory system and intrathoracic organs.
c. Esophagus.
d. Stomach.
e. Colorectal cancer (including small intestine and anus).
f. Hepatobiliary cancers (liver, gallbladder, and bile ducts).
g. Pancreas.
h. Bone and joint.
i. Melanoma *
j. Non-melanoma skin cancer (basal cell and squamous cell).
k. Breast *
l. Reproductive organs (cervix, uterus, ovary, testes, and penis; excluding prostate).
m. Urinary bladder.
n. Kidney.
o. Brain and nervous system (including eye) .
p. Endocrine cancers (thyroid, thymus, and other endocrine).
q. Leukemia (other than CLL).
r. Other and unspecified sites.
- Abnormal sperm characteristics and infertility.
- Spontaneous abortion (other than for paternal exposure to TCDD).
- In offspring of exposed individuals:
a. Neonatal or infant death and stillbirth.
b. Low birth weight.
c. Birth defects (other than spina bifida).
d. Childhood cancer (including acute myelogenous leukemia)
* Indicates the committee could not reach consensus as to whether the evidence for these health outcomes related to exposure to the chemicals of concern was “limited, suggestive” or “inadequate,” so they were retained in the inadequate category.

2. Limited or Suggestive Evidence of No Association - Spontaneous abortion following paternal exposure to TCDD
[Source: Various Aug 07 ++]


AGENT ORANGE & HYPERTENSION: A new report from the Institute of Medicine (IOM) finds suggestive but limited evidence that exposure to Agent Orange and other herbicides used during the Vietnam War is associated with an increased chance of developing high blood pressure in some veterans. The report is the latest update in a congressionally mandated series by the IOM that reviews every two years the evidence about the health effects of these herbicides and the type of dioxin — TCDD — that contaminated some of them. The committee that wrote the report also concluded that there is suggestive but limited evidence that AL amyloidosis is associated with herbicide exposure. Characterized by the accumulation of protein deposits in and around organs, this rare condition affects one in 100,000 people annually in the United States. The committee based its conclusion on the fact that AL amyloidosis shares many biological and pathological similarities with multiple myeloma and certain B-cell lymphomas, which have been found to be associated with exposure to herbicides.

A finding of "limited or suggestive evidence of an association" means that scientific studies of adequate quality have yielded information pointing to a possible statistical link or plausible biological means by which exposure to the chemicals of concern could result in a particular health effect, but that contradictory results from other studies, biases, or other confounding factors limit the certainty of the evidence. Two recently published studies of Vietnam veterans who handled Agent Orange and other defoliants provide evidence that these veterans have higher rates of hypertension. Defined as blood pressure exceeding 140/90, hypertension affects more than 70 million American adults and is a major risk factor for heart attack, stroke, and other cardiovascular ailments. It is often associated with age, race, being overweight, or having diabetes. The two new studies were able to adjust for the impact of common risk factors for hypertension on the results. The results also were consistent with findings from several other studies that looked at the health effects of herbicides and their contaminants on Vietnam veterans but were not adjusted for known risk factors and had poorer measures of exposure. At the same time, a new environmental study and an earlier study of workers in an herbicide manufacturing plant did not find evidence of an association between herbicide or dioxin exposure and increased incidence of high blood pressure. Given the studies' limitations and inconsistent results, the committee found the cumulative body of evidence suggestive of, but insufficient to conclude with certainty, an association between high blood pressure and herbicide exposure.

The committee also reviewed studies that provide intriguing findings on rates of ischemic heart disease and exposure to defoliants or dioxin. However, many of the studies did not have information necessary to adjust for the impact of weight, smoking, and other known risk factors on the results, and their measures of heart disease were somewhat imprecise. The committee members could not agree on whether these factors distort the studies' results. The report presents scientific data only and does not imply or suggest policy decisions that the U.S. Department of Veterans Affairs might make. Also, the findings relate to exposures and outcomes in populations. Researchers' abilities to pinpoint the health risks faced by individual veterans are hampered by inadequate information about veterans' exposure levels during their service in Vietnam. The report series is sponsored by the U.S. Department of Veterans Affairs and can be read at http://national-academies.org. Established in 1970 under the charter of the National Academy of Sciences, the IOM provides independent, objective, evidence-based advice to policymakers, health professionals, the private sector, and the public. Pre-publication copy of Veterans and Agent Orange: Update 2006 can be read on the Internet at http://books.nap.edu/openbook.php?isbn=0309107083. [Source: NAS New/Report 27 Jul 07 ++]


RETIREMENT TAX CONSIDERATIONS: If you plan to move to another state when you retire, examine the tax burden you’ll face when you arrive. State taxes are increasingly important to everyone, but retirees have extra cause for concern since their income may be fixed. Many people planning to retire use the presence or absence of a state income tax as a litmus test for a retirement destination. This is a serious miscalculation since higher sales and property taxes can more than offset the lack of a state income tax. The lack of a state income tax doesn’t necessarily ensure a low total tax burden. States raise revenue in many ways including sales taxes, excise taxes, license taxes, income taxes, intangible taxes, property taxes, estate taxes and inheritance taxes. Depending on where you live, you may end up paying all of them or just a few. At http://www.retirementliving.com/RLtaxes.html you can obtain information by state on state income taxes, sales and fuel taxes, taxes on retirement income, property taxes and inheritance and estate taxes. It is intended to give you some insight into which states may offer a lower cost of living. Since everything is subject to changes recommend you check with the state tax office you decide to retire in to obtain the latest tax information.

All states except Alaska, Delaware, Montana, New Hampshire and Oregon, collect sales taxes. Some have a single rate throughout the state though most permit local additions to the base tax rate. Those states with a single rate include Connecticut, Hawaii, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Jersey, Rhode Island, Vermont, Virginia, and West Virginia. States with the highest sales tax are: California (7.25%), Mississippi (7.0%), New Jersey (7.0%), Tennessee (7.0%), Rhode Island (7.0%), Minnesota (6.5%), Nevada (6.5%), and Washington (6.5%). Many cities and counties have the option of imposing an additional local option sales tax. For instance, in Tennessee some cities add as much as 2.75%. Nevada's sales tax varies by county and can be as high as 7.75%. Most states exempt prescription drugs from sales taxes. Some also exempt food and clothing purchases and a few also exempt non-prescription drugs.

A total of 41 states impose income taxes. New Hampshire and Tennessee apply it only to income from interest and dividends. Seven states (Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming) do not tax personal income. Of the 41 with a broad-based income tax, 35 base the taxes on federal returns, typically taking a portion of what you pay the IRS or using your federal adjusted gross income or taxable income as the starting point. Most states specify amounts for taxpayers and each of their dependents that can be used as an offset in determining taxable income. Most also specify the amounts that persons 65 or older can deduct. Most states treat health care expenses as having already been deducted from federal returns. Two states (North Dakota and Oregon) allow full deductions while Indiana does not permit itemized deductions on state taxes. Only 12 of the 41 states with broad-based income taxes permit taxpayers to deduct federal income taxes. This is an advantage if you are deciding between two states with similar rate structures but only one allows you to deduct. The latter would give you a lower effective tax rate. [Source: www.retirementliving.com/RLtaxes.html Jul 07 ++]


VETERAN LEGISLATION STATUS 13 AUG 07: The House and Senate have both adjourned for the August recess. Congress will return on 4 SEP. For a listing of Congressional bills of interest to the veteran community that have been introduced in the 110th Congress refer to the Bulletin attachment. By clicking on the bill number indicated you can access the actual legislative language of the bill and see if your representative has signed on as a cosponsor. Support of these bills through cosponsorship by other legislators is critical if they are ever going to move through the legislative process for a floor vote to become law. A good indication on that likelihood is the number of cosponsors who have signed onto the bill. A cosponsor is a member of Congress who has joined one or more other members in his/her chamber (i.e. House or Senate) to sponsor a bill or amendment. The member who introduces the bill is considered the sponsor. Members subsequently signing on are called cosponsors. Any number of members may cosponsor a bill in the House or Senate. At http://thomas.loc.gov you can also review a copy of each bill, determine its current status, the committee it has been assigned to, and if your legislator is a sponsor or cosponsor of it. To determine what bills, amendments your representative has sponsored, cosponsored, or dropped sponsorship on refer to http://thomas.loc.gov/bss/d110/sponlst.html. The key to increasing cosponsorship on veteran related bills is letting our representatives know of veteran’s feelings on issues. At the end of some listed bills is a web link that can be used to do that. Otherwise, you can locate on http://thomas.loc.gov who your representative is and his/her phone number, mailing address, or email/website to communicate with a message or letter of your own making. [Source: RAO Bulletin Attachment 30 Jun 07 ++]


Lt. James "EMO" Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA Baguio City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (760) 839-9003 when in U.S. & Cell: 0915-361-3503 when in Philippines.
Email: raoemo@sbcglobal.net Web: http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member

[boardman]

RAO Bulletin Update 1 September 2007

THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

-- VA Retro Pay Project [07] -------------------- (75% Processed)
-- NDAA 2008 [08] --------------------------- (Unresolved Issues)
-- SSA Congressional Coverage ------------ (Who Contributes?)
-- Military Travel Discounts & Offers --------- (Vacation Ideas)
-- Agent Orange Dig in Alaska ---------------- (Buried 40 Years)
-- Complementary & Alternative Medicine ---- (FDA Limits)
-- Alzheimer’s [03] -------------------- (Heart Impact on Brain)
-- Army Retired Soldiers Pin [01] -------- (Mailing Complete)
-- AER Scholarships ---------------- (Retired USA Dependents)
-- AFRC Garmisch Partenkirchen ------ (Specials for Retirees)
-- VA Homeless Vets [06] --------------------- (Housing is Key)
-- AXPOW Hq Data Breach ------------ (Personal Info Stolen)
-- NMCRS Scholarships -------------------- (What’s Available)
-- VA Mileage Reimbursement [02] -------- (H.R.760 Impact)
-- Medicare Fraud [01] ---------------- ($2 Million Wheelchair)
-- Filipino Vet Inequities [06] -------------- (SMP Benefit Loss)
-- AO Compensation Package ------------- (ExGratia Payment)
-- Purple Heart Hall of Honor -------------- (Recipients Sought)
-- IRS Consumer Warning [01 ------------------ (Identity Theft)
-- SBP Automatic Coverage & Options -------- (Clarification)
-- TRICARE Reserve Select [07] ------- (Revamped Program)
-- Military Divorce & Separation ---- (A Private Civil Matter)
-- VA Facility Expansion [06] ---- (Canandaigua Campus NY)
-- VA Facility Expansion [07] ------------------ (Harlingen TX)
-- VA Facility Expansion [08] --- (New Orleans Medical Ctr)
-- VA Facility Expansion [09] --------------- (Los Angeles CA)
-- VDBC [21] -------------------------------- (QoL Issues)
-- DoD Disability Evaluation System [05] - (Bush’s Proposal)
-- DoD Disability Evaluation System [06] ----------- (Unique)
-- Vet Cemetery Hawaii --------------------- (Kona Expansion)
-- Shingles [02] -------------------- (Vaccine Available at VA)
-- DoD Genetic Illness Policy ------ (Genetic Discrimination)
-- COLA 2008 [06] ------------------------ (0.1% Below June’s)
-- Tricare Step Therapy Regime ----- (Sleep Aids Experiment)
-- Retirement Tax Considerations [01] ------ (SS & Pensions)
-- Referral Bonus [03] -------------------------- (Funds Run Dry)
-- Tricare Prime Networks --------------- (Too Costly To Keep)
-- AF JROTC Needs Retirees [01] ---- (Active Duty Pay Level)
-- Presidential Dollar Coins ---------------- (New Dollar Series)
-- Merchant Marine WWII Comp --------- ($1000 Mo Pension)
-- VA Clinic Openings [07] --------------------- (Cape Coral FL)
-- Retiree Seminars 2007 --------------------------- (Where to Go)
-- Veteran Legislation Status 30 AUG 07 ---- (Where We Stand)


Editor Note: I have ceased using the email addee raoemo@mozcom.com because spam messages at this addee have reached 150 daily. My email addee raoemo@sbcglobal.net will be the primary addee I will be monitoring after 15 SEP. I am activating raoemo1@mozcom.net as a backup in the event comms via the primary addee should become disrupted.


VA RETRO PAY PROJECT UPDATE 07: On 1 SEP 06 the Defense Finance and Accounting Service (DFAS) and the Department of Veterans Affairs (DVA) finalized plans for disabled military retiree retroactive pay, commonly called the VA Retro program. The program is designed to pay eligible military retirees any retroactive money due as a result of increases in their percentage of disability. These payments include adjustments to Combat-Related Special Compensation (CRSC), Concurrent Retirement and Disability Payments (CRDP), and DVA disability compensation. Individual amounts will vary based on differences in disability amount and length of retroactive period. No action is required by the retiree to initiate the VA Retro investigation. DVA is providing DFAS with the eligible retiree Social Security Number. Both organizations are working together to provide eligible retirees with their full entitlements to both DVA compensation and CRSC or CRDP. As of August 2007, over 98,000 cases have been processed or about 75% of the original 133,000 cases. To date, the DVA has paid $133 million and DFAS has paid $28 million with the average payment being $1,638. DFAS is now processing what are considered to be the more complex accounts. These involve multiple DVA rating adjustments, shifts by retirees between CRDP and CRSC, ex-spouse pay entitlements, and other issues that require lengthy record searches. Completion of all the original cases is anticipated to be no later than 15 NOV 07. Military retirees may call 1(877) 327-M-F from 08-1630 (EST). Questions concerning disability percentages should be directed to DVA at 1(800) 827-1000. For all other questions regarding military retired pay, regular recurring CRSC or CRDP payments, allotments, taxes or any other retired pay-related business, call 1(800) 321-1080 where service is available from 07-1900 M-F (except Federal holidays). Military retires can also find periodic updates concerning VA Retro on the DFAS web site http://www.dfas.mil . [Source: DFAS Retired !
Pay News
letter Aug 07 ++]


NDAA 2008 UPDATE 08: Both the House and Senate versions of the 2008 National Defense Authorization Act (H.R. 1585 and S. 1547) have deficiencies which must be reconciled by Joint Committee this September. Neither version adequately addresses the following issues:

1. Military SBP/DIC Offset, the Widows Tax, where the military Survivor's Benefit Payments (SBP) are offset dollar-for-dollar of VA Dependency Indemnification Compensation (DIC). SBP is purchased by the retiree from retirement pay; DIC is awarded based on death from service connected causes. The SBP/DIC offset impacts 61,000 surviving spouses. True, H.R. 1585 would award the survivor a small gratuity of $40/month compared to the typical offset of approximately $1000/month. Why bother? Repeal the SBP/DIC offset.

2. Paid up SBP. Under current law, passed in 2003, one is considered "paid in fill" after having paid 360 premiums and is at least 70 years of age. However, those who enrolled between 1972 and 1978, get no relief until APR 08 when the law takes effect ... some retirees will have over-paid 34% in premiums.

3. Concurrent Receipt of military retirement pay and VA disability compensation. Under current law, approximately 30% of disabled retirees are eligible for either Concurrent Disability Retirement Pay (CRDP) or Combat Related Special Compensation (CRSC). Some 432,000 are excluded from CRSC because their disability is service connected (not combat related) and from CRDP because their disability less than 50% service connected.

4. Another 161,000 retirees are excluded from CRSC/CRDP because they were medically retired under Chapter 61 with less than 20 years of retirement service. Section 653 of S. 1547, passed by the Senate Armed Services Committee, but not the Senate, would authorize 2.5% of basic pay for each year of service. Thus the Chapter 61 receives recognition for his earned retirement and would also be eligible for VA disability compensation. This is all that was asked for in the original concurrent receipt legislation. Section 653, of S. 1547 must be retained in the final legislation.

5. Ten year phase in of CRDP. The original legislation provided for a 10-year phase in the amount offset by the prohibition against concurrent receipt. According to that schedule, the maximum increment was received in 2007 (restoration 60% complete) after which the increments progressively decrease; restoration will be 95% complete in 2009; the average monthly increment in 2014 will be less than $0.30 per month per retiree which is not cost effective to the government.

Veterans are requested to contact their representatives and urge them to sponsor and/or support any amendments to what will become the 2008 National Defense Authorization Act that will correct these deficiencies. One means of doing this is to refer to http://capwiz.com/usdr/issues/alert/?al ... 1&queueid=[capwiz:queue_id] where a preformatted letter is available for editing and forwarding automatically. [Source: USDR Action Alert 29 Aug 07 ++]


SSA CONGRESSIONAL COVERAGE: Despite rumors to the contrary Congressman do contribute to Social Security and their retirement program and have done so since 1984. Basically, they have the same plan as federal employees. If under the Civil Service Retirement System (CSRS) they do not pay into Social Security and do not receive Social Security benefits. If under the Federal Employees Retirement System (FERS) they do pay into Social Security and thus receive Social Security benefits. They have the same retirement plan as those under CSRS or FERS. They are also under the Federal Employees Health Benefit Plan (FEHBP). Therefore, for purposes of Social Security, retirement and medical care, they are treated the same as federal government employees. Like all workers, members under FERS pay Social Security payroll taxes equal to 6.2% of the taxable wage base, and the government (the U.S. taxpayers) covers the other 6.2%. But Members do not pay Social Security taxes on their entire $165,200 annual salary. The maximum Social Security taxable wage base is $97,500. Thus, by law, Members do not pay Social Security on the $67,700 in annual wages they receive over the taxable wage base. Eligibility for Social Security benefits applies to Members of Congress the same way it applies to all citizens. But in addition to receiving Social Security benefits, members also receive generous Congressional pensions. They are eligible for a Congressional pension at age 62 with as little as five years of service. To receive Social Security, an age 62 worker must have paid into the system for at least 10 years to become fully vested. The amount of Social Security benefits a worker receives is based on a Social Security benefit formula that uses 35 years of highest earnings to determine the average earnings. Congressional pensions, on the other hand, depend on the number of years served and the highest three years of salary, yielding a much higher initial retirement amount.

By law Title 5, United States Code (Government Organization and Employees) defines under Section 2101 “For the purposes of this title - (1) the “civil service” consist of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services.” Section 2106 defines a Member of Congress “For the purposes of this title, “Member of Congress” means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.” Section 2107 defines a Congressional Employee as “For the purpose of this title, “Congressional Employee” means:
- An employee of either House of Congress, or a committee of either House, or of a joint committee of the two houses;
- An elected officer of either House who is not a Member of Congress;
- The Legislative Council of either House and employees of his office:
- A member of the Capitol Police;
- An employee of a member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.
- The Architect of the Capitol and any employee of the Architect of the Capitol, employees of the Botanic Gardens and employees of the Capitol Guide Service

Fortunately for taxpayers, Members cannot retire with full salary. By law the starting amount of a Member's retirement pension may not exceed 80% of his or her final salary. Under Social Security, members would receive an initial benefit that's about 30% of their average earnings. And even convicted Members of Congress, like former Representative Randy Cunningham, continue to draw handsome pensions while in jail at the taxpayers' expense. Under existing law, pensions can only be taken away if a lawmaker commits treason or espionage. Cunningham was sentenced to more than eight years in prison after pleading guilty to conspiracy and tax evasion and admitting to accepting $2.4 million in bribes, not to mention a Rolls Royce. According to The National Taxpayers Union, which tracks Congressional pensions, Cunningham who is 65 and served eight terms in the House, could receive about $64,000 a year. Recently the Senate and the House grudgingly approved major ethics and lobbying reform legislation that would deny pensions to Members of Congress convicted of crimes such as bribery, perjury and similar crimes. [Source: TSCL Social Security and Medicare Advisor 29 Aug 07 ++]


MILITARY TRAVEL DISCOUNTS & OFFERS: Before you start planning your next trip, check out http://www.moaa.org/serv/serv_travel/se ... /index.htm for offers on travel, lodging and activities. Although some are for active duty only many are available to veterans. Following are some of the present offers:

- Battleship Missouri Memorial: During each service branch's birthday week, active duty, reserve, and retired military personnel get complimentary admission (half-off for family members) to the Battleship Missouri Memorial at Pearl Harbor. "Mighty Mo" salutes these branches as follows: USCG Aug. 4-12, USAF Sept. 15-23, USN Oct. 13-21, USMC Nov. 10-18, and National Guard Dec. 8-16 (Check next year for information about the Army's birthday week in June 2008.) If it's not your branch's birthday, military admission is $10. Military members in uniform always get complimentary admission. Guided tours are $7. Exclusive $29 tours go below deck to restricted off-limits areas. For more information, call (877) 644-4896 or visit www.ussmissouri.org. Also, on 2 SEP, ceremony commemorating the 62nd anniversary of the end of World War II will be held on the ship's deck with patriotic music, Color Guard, a military salute and keynote speaker Adm. Timothy J. Keating, commander U.S. Pacific Command. Call (808) 423-2263 and press 7 to learn more.

- The Grand Ole Opry: One of the nation's best live country music shows -- in Nashville is honoring the U.S. military with a special "Summer Salute." Through SEP 07, just show your military ID when you pick up your ticket, and you'll receive coupons for a free family photo, free concession item, and discounts, offers and raffle tickets. To reserve tickets, call (800) 733-6779, and mention code MIL110X. As part of the Summer Salute, anyone can submit the names of soldiers close to them, and their names will be read live during special "Soldier Salutes" at Opry performances. Just write a note about the person and why you would like him or her to be recognized over the Opry airwaves. E-mail your dedication to oprymail@opry.com, and include your name, city, and state. Opry performances are aired on the American Forces Television and Radio Networks and on more than 200 country radio stations across the country. For more info refer to http://www.opey.com.

- Cirque du Soleil: If Las Vegas is in your travel plans, you will want to see Cirque du Soleil, a gravity-defying unbelievable spectacular. Mystère at the Treasure Island Hotel & Casino is the original Cirque du Soleil production. Since 1993, its high-energy acrobatics and inspiring imagery have amazed spectators. KÀ at the MGM Grand is newer and even more awe-inspiring, with acrobatic feats, dance, puppetry, martial arts, and aerial adventures on a colossal, 360-degree rotating stage. Military members and veterans get a 50% discount. Your price for Mystère ranges from $30 to $47.50; for KÀ, $49.50 to $75 -- half the regular ticket price. Call (877) 274-6958) or visit a Cirque du Soleil box office and ask for the military discount (not available online.) You'll need proof of military service ready when you call and when you pick up your tickets.

- Skamania Lodge: This mountain resort in the Columbia River Gorge National Scenic Area, offers a great summer deal for military members (retired or active), plus 20% discounts on golf and whitewater rafting. With its waterfalls, lakes, rivers, and forests, Columbia Gorge is truly an outdoor playground. Hiking and mountain biking trails surround the lodge, and nearby rivers offer great kayaking. If you are not the adventurous type you can cruise the Columbia Gorge Sternwheeler, or take a scenic train ride through the Hood River Valley aboard the Mount Hood Railroad. Stay Sunday through Thursday, and rates for a forest-view room start at $99 for two adults and two children. This promotion continues through 5 SEP. Ask for "Promo Code MIL07" and present your military ID upon check-in. Skamania Lodge is 45 minutes from Portland OR. For information, call (800) 221-7117 or visit www.skamania.com.

- JW Marriott Desert Ridge Resort: This resort in Phoenix AZ offers a "Welcome Home" package for military heroes which includes a deluxe guestroom upgrade, bottle of Champagne and 50-minute massage or other spa treatment. With summer rates starting at $129, that's a 40% savings. The resort has a gorgeous spa, five swimming pools, and two 18-hole championship courses. Four acres of waterways weave through the property, with waterfalls, fountains, lakes, and whirlpools at every turn, plus a "Lazy River" and toe-cooling wet deck. When it's time to dine, choose from ten restaurants offering elegant indoor or al fresco dining. Advance reservations are required. Upon check-in you'll be asked to show Military Travel Deployment Orders (or any documentation that proves you served overseas -- whether it was during the past month or the last century). The package is good through 29 DEC 07. Visit www.jwdesertridgeresort.com or call (480) 293-5000.

- La Costa Resort: This golf, tennis and spa resort in the coastal foothills of Carlsbad, just north of San Diego offers military men and women, as well as retired veterans a special rate of $250 per night (plus $21 daily resort fee). That's more than a $100 savings. In December, the 552-room Spanish-colonial resort completed a top-to-bottom, multi-million-dollar renovation which unveiled not only a new indoor/outdoor spa, but also newly remodeled guestrooms, a clubhouse with fitness center and daily fitness classes, seven swimming pools, two restaurants, and enhancements to the two championship golf courses. La Costa is also home to the world-renowned Chopra Center, which offers leading-edge programs, services, lifestyle workshops, and products for mind/body healing. The offer is valid 1 SEP through 15 NOV 07; identification required. Call (800) 854-5000 or visit www.lacosta.com.

- Colorado Vacation Packages: Gunnison County, Colo., offers a variety of excursions to help summer travelers enjoy Gunnison-Crested Butte. Packages include: Family Rafting: Two nights in a two-bedroom condo, plus a half-day rafting on the Gunnison River, for $232 a night ($58 a person); Horseback Adventure: Two nights' lodging and a 90-minute horseback ride starting at $65 a person; and Guys-only and ladies-only fishing trips. For more information about these and other vacation packages, visit http://www.gunnisoncrestedbutte.com/ or call (800) 814-7988.

- Amusement Parks: Anheuser-Busch is offering a single day's free admission to any one SeaWorld or Busch Gardens park, Sesame Place, Adventure Island, or Water Country USA for servicemembers and up to three direct dependents. Any active duty, active reserve, ready reserve servicemember, or guardmember is entitled to free admission under the program. He or she need only register, either online at www.herosalute.com or in the entrance plaza of a participating park, and show a DoD photo ID.

- Choice Hotels: Travelers over 50 can save 10% at participating Choice hotels with the 50+ Mature Travelers Rate; those over 60 can save 20% to 30% with advance reservations by requesting the Sixty-Plus Rate when they book. For more information or to make reservations, call (800) 424-6423 or visit http://www.choicehotels.com/ires/en-US/ ... ureProgram. Offer subject to availability; expires 31 DEC 07. Advance purchase requirements, minimum/maximum stays, blackout dates, and further restrictions may apply.

- Ireland B&B Vacation: Dooley Vacations' Ireland West package includes airfare, first night hotel, five nights in B&Bs, Irish breakfast daily, plus (manual) car rental for as little as $799 (for departures from New York in June or October 2007). Rate is per person, double occupancy, and does not include taxes, surcharges, or fees. Subject to availability; some restrictions may apply. Visit http://www.dooleyvacations.com/vacations/ireland-west/ or call (877) 331-9301 for more information.

- Revisit Korea: The Korea Veterans Association in Seoul, Korea, has substantially expanded eligibility for veterans and their families to visit Korea on the official Republic of Korea government-subsidized "Revisit Korea" tours. Effective immediately, widows and children of Korean War veterans killed during the war are eligible to participate in the Revisit Korea program. In addition, widows and children of Korean War veterans who have died since the war, or of veterans who because of health reasons cannot travel, also are eligible to participate in the name of their veteran husband/father. The name, unit, and dates of service of the veteran will be required to register for an official Revisit Korea tour under this revised eligibility criteria. For more information, call Military Historical Tours, (800) 722-9501 or e-mail mht@miltours.com.
[Source: MOAA Travel Discounts & Services Aug 07 ++]


AGENT ORANGE DIG IN ALASKA: The U.S. Army Corps of Engineers has begun its search for Agent Orange at an old military equipment yard in Tok Alaska. Rumors have persisted for years that something awful was buried at an old construction site at the small community well down the Alaska Highway. In 2003, a former employee for a contractor working in the area 30 years ago provided something more than rumor when he told government officials that the Army ordered his employer to dig a hole and bury six barrels of what he believed to be the defoliant Agent Orange, a chemical that has since been linked to cancers and birth defects. The worker was familiar with Agent Orange. He said, in a Daily News-Miner story from 2003, that he helped spray Agent Orange at several sites of the military’s White Alice Communications System, developed in the 1950s to transfer data from aircraft and missile early warning systems to the North American Aerospace Defense Command in Colorado. State and federal officials took his claim seriously. The work under way this week in Tok is further evidence of that seriousness, which itself is born from the immense health risks associated with Agent Orange. The government, in particular the Corps of Engineers, is acting responsibly in the public interest. The corps has hired environmental firm Jacobs Engineering to conduct the investigation. Officials say the corps will proceed cautiously, alternating between machinery and hand shoveling. If drums are found, tests will be performed to determine the contents and disposal methods. Plans call for transporting the drums to a disposal facility in Canada. The site where the excavation is occurring is under a gravel pad owned by a commercial construction company and used to store heavy equipment. A former Department of Defense employee has said that drums of the cancer-causing herbicide were buried there 40 years ago. The cleanup effort is being coordinated with the Alaska Department of Environmental Conservation. Tok is 206 miles from Fairbanks an!
d 328 mi
les from Anchorage. [Source: The Associated Press 23 Aug 07 ++]


COMPLEMENTARY AND ALTERNATIVE MEDICINE: New regulatory threats, some at the urging of the pharmaceutical industry, could make it impossible for seniors to purchase certain products like vitamins and minerals without a prescription. It may sound outrageous, but seniors could soon be limited in their access to things as simple as protein shakes, vegetable juice and even herbal hand lotion without a prescription. The U.S. Food and Drug Administration (FDA) recently began imposing new regulations on products used in "Complementary and Alternative Medicine" (CAM). The Senior Citizens League (TSCL) is concerned the expensive federal regulations will restrict seniors' access to commonly available items and drive up costs for those that remain on the market. In a draft of regulations the FDA gave the following example: "if a person decides to produce and sell raw vegetable juice for use in juice therapy to promote optimal health, that product is a food subject to the requirements for foods … including the hazard analysis and critical control point system requirements for juices. If the juice therapy is intended for use as part of a disease treatment regimen instead of for general wellness, the vegetable juice would also be subject to regulation as a drug under the act." According to the FDA, CAM encompass a wide array of health care practices, products, and therapies that are distinct from conventional medicine. Examples include botanical and animal-derived extracts, vitamins, minerals, amino acids and proteins, just to name a few. In addition there would be new regulations of medical devices used by alternate medicine practitioners like chiropractors, massage and acupuncture therapists.

TSCL believes the regulations could be costly to seniors and to Medicare. Alternative therapy and medical approaches are used by millions of Americans. The Centers for Disease Control and Prevention estimated, that the U.S. public spent between $36 billion to $47 billion on CAM therapies in 1997, an amount that was more than the U.S. public paid out-of-pocket for all hospitalizations in that year, and an amount that was approximately one-half of that paid by the U.S. public for all out-of-pocket physicians' services. TSCL recently submitted comments on the draft FDA regulations, stating "classifying CAM products as drugs, the cost of access would increase, as consumers may have to visit and pay a doctor for a prescription, instead of being able to choose their own vitamins, minerals and dietary supplement intake." TSCL is further concerned about the impact such regulation would have upon Medicare beneficiaries. Currently, Medicare reimburses few CAM therapies and products and seniors must pay out of pocket. Most Part D drug plans, for example, don't cover vitamins and supplements. TSCL called on the FDA to withdraw the regulations. [Source: TSCL Social Security and Medicare Advisor 29 Aug 07 ++]


ALZHEIMER’S UPDATE 03: Treating the heart may help the brain, scientists are learning. A new study suggests that treating risk factors for heart disease and stroke, such as high blood pressure and diabetes, may slow the progression of Alzheimer's disease. Researchers found that, among the dementia patients studied, those who had their vascular risk factors treated declined less than those who did not. "By slowing dementia progression, vascular risk factors treatment may delay the severe stages and have a significant impact on reducing the burden of dementia," said researcher Yan Deschaintre. The findings are important because they provide new hope for slowing the disease that currently has no cure. There are now more than 5 million people in the United States who suffer from Alzheimer's and the risk increases steadily with age, according to the Alzheimer's Association. Experts estimate that nearly half of those 85 and older may have the disease. The cognitive risk factors included in the study were high blood pressure, diabetes, high cholesterol, atherosclerotic disease (which reduces the oxygen supply to the brain and could cause stroke), and tobacco smoking. Treatment was defined as receiving blood pressure medication, insulin or drugs to lower blood sugar, cholesterol- lowering drugs, or anti-clotting medications. Legislation introduced in the Senate by Barbara Mikulski (MD), "The Alzheimer's Breakthrough Act" (S. 898), with companion legislation H.R.1560 introduced in the House by Rep. Edward Markey (MA), would dramatically increase federal funding for Alzheimer's research and prevention; and "The Family Assistance Act" (S. 897), also introduced by Senator Mikulski (MD), which would create a $3,000 tax credit for families caring for a loved one with a chronic condition like Alzheimer's to help pay for prescription drugs, home health care and special day care. Veterans are encouraged to ask their Members of Congress to support these bills. In addition, for those needing help, contact the Alzh!
eimer's
Association at 1(800-) 272-3900, or visit it on the web at: www.alz.org. [Source: TSCL Social Security and Medicare Advisor 29 Aug 07 ++]


ARMY RETIRED SOLDIERS PIN UPDATE 01: The mailing of the Army Retired pin packets is complete. These packets were sent to every Retired Soldier receiving or eligible to receive retired pay and every “gray area” Reserve Retired Soldier not yet 60 and not yet eligible to receive retired pay as of JAN 07. Soldiers retired after JAN 07 should have received their pins from their Retirement Services Officer. Addresses for the mailing came from the DFAS Retired Pay Center in Cleveland and Human Resources Command—St. Louis. If you did not receive a packet, write to: Army Retirement Services, ATTN: DAPE-HRP-RSO (Retired Pins), 200 Stovall St., Alexandria, VA 22332-0470. [Source: Army Echoes Sep – Dec 07 ++]


AER SCHOLARSHIPS: The Army Emergency Relief (AER) offers financial aid for full-time post-secondary study for dependent children of retired soldiers. Scholarships are awarded based on financial need, academic and leadership achievement. To ensure your child will be considered mail the application and all requested documents by 1 MAR 08. In the 2007-2008 Academic Year (AY), 2,780 students with complete applications were awarded scholarships, while 1,466 with incomplete applications did not receive scholarships. Aid ranges from $1,000 to $2,500 for financial need, plus various amounts for academics and leadership. AER administers the MG James Ursano Scholarship Fund for full-time students at an undergraduate, technical or vocational institution accredited by the Department of Education or for first-year expenses of service academy cadets. Students can be starting or continuing undergraduate or vocational studies for the 08-09 AY, AUG through JUN only. Funds may be used for classroom or online classes, tuition, books, fees, or room and board at the school accepting the funds. Students must reapply each year and carry a grade point average of at least 2.0 on a 4.0 scale. A student applying for the 2008-2009 AY may not reach age 23 before 1 MAY 09. The applicant must be an unmarried dependent child of an active duty or retired Soldier or a Soldier who died in either status. All Soldiers and students must be registered in the Defense Eligibility Enrollment Reporting System (DEERS). You can verify the student’s DEERS status at 1(800) 538-9552. Applications for the 2008-2009 AY scholarships, will be available from 1 NOV 07 – 21 FEB 08 by writing to: HQ, Army Emergency Relief; MG James Ursano Scholarship Fund; 200 Stovall St.; Alexandria, VA 22332-0600. The application will also be at http://www.aerhq.org from 1 NOV 07 – 1 MAR 08. Mailed applications and/or supporting documentation must be postmarked no later than 1 MAR 08. Other deadlines are in the instructions. Applications and supporting documentation are n!
ot accep
ted by FAX or e-mail. Letters mailed in JUN 08 will notify on-time applicants about scholarship awards.

AER’s Stateside Spouse Education Assistance Program is available to spouses of retired soldiers and surviving spouses of retired soldiers who died while residing in the U.S. All
spouses must be registered in DEERS. This program does not apply to second undergraduate or graduate degrees. Those who receive free tuition through their jobs may not receive AER tuition assistance. They may apply for assistance for fees, supplies and books (no duplicates) for classes in which they’re enrolled as full-time students which aren’t covered by other funding. Stateside financial assistance is awarded based on financial need as shown by income, assets, family size, special financial obligations and circumstances. Scholarships are awarded annually for up to four academic years of full-time undergraduate study. Students must reapply each year. Funds may be used for classroom or online classes, tuition, fees, supplies and books (no duplicates) and will be paid by AER to the college or university. Students must maintain a grade point average of at least 2.0 on a 4.0 scale. Applications for the 2008-2009 AY will be available at http://www.aerhq.org from 1 NOV 07 – 1 MAR 08 or by writing to: HQ, Army Emergency Relief; Stateside Spouse Education Assistance Program; 200 Stovall St.; Alexandria, VA 22332-0600. Students can apply online and mail the supporting documents or print the instructions and application. Material mailed to AER must meet the deadline on the instructions. [Source: Army Echoes Sep – Dec 07 ++]


AFRC GARMISCH PARTENKIRCHEN (EUROPE): The Edelweiss Lodge and Resort Armed Forces Recreation Center (AFRC) in the Bavarian Alps is offering two special packages to retirees and their guests. The first European Escape package will run from 26 NOV – 6 DEC 07; the second will run from 6 DEC – 16 DEC 07. The packages include airport transportation, a welcome reception, 10 nights stay with breakfast, special European Escapes tours and a farewell dinner and gift. The cost is $1,800 single occupancy; $2,300 double occupancy. Retirees may sponsor a maximum of three rooms. AFRC officials caution that these packages sell out quickly. For more information, go to http://www.edelweisslodgeandresort.com or call (011-49) 8821-9440 from USA, (49) 8821-9440 from Europe, or 08821-9440 from Germany. They add that they offer retiree packages year round and invite retirees to sign up for their e-mail newsletter through their homepage. [Source: Army Echoes Sep – Dec 07 ++]


VA HOMELESS VETS UPDATE 06: Nationwide, nearly half of today's homeless veterans served in Vietnam. Many struggled for decades with drug dependency or post-traumatic stress disorder before finding themselves on the streets. Now veterans of the Iraq War are returning home, and a new report by the advocacy group Swords to Plowshares says many already are seeking emergency housing. A recent federal study found that female veterans are especially vulnerable to homelessness. As chairwoman of the subcommittee that funds federal housing programs, U.S. Sen. Patty Murray (D-WA) was able to include $75 million in a 2008 federal spending bill to provide more resources for homeless veterans. The bill has passed the Senate Appropriations Committee and will advance to the full Senate when Congress returns in September. In the wake of revelations about poor treatment of wounded soldiers and veterans, the Senate recently passed the Wounded Warriors Act, which directs the departments of Defense and Veterans Affairs to work together to make sure injured veterans don't fall through the cracks. Housing is key, said Doug Reid, Washington state director of Veterans of Foreign Wars. "There's nothing more important than housing. Veterans' mental health issues don't get better under a bridge. They get better with stable housing." Yet meeting the needs of homeless veterans requires more than providing them with a place to sleep, said Dr. Peter Hauser, chief of psychiatry at the Portland VA Medical Center. The vast majority of homeless veterans suffer from mental illnesses or substance abuse problems, he said. "An integrated approach is necessary." And symptoms of traumatic brain injury may not become apparent for years, Hauser said. Tim Montague, an outreach worker at the transitional housing unit who until recently worked in Walla Walla, said he has found families of veterans trying to survive on the fringe of society. "They hide out in the woods," he said. "I found a whole family in the national forest living out of the bac!
k of a s
tation wagon. They were out there because the programs don't help the whole family." Larry Brennan, program director at the veterans' facility, said he doesn't see many families in crisis, but when he does, resources are scarce. He tries to place them with the Salvation Army or the YWCA. [Source: Military.com Veterans Report 27 Aug 07 ++]

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[boardman]

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AXPOW HEADQUARTERS DATA BREACH: On 11 or 12 AUG 07 there was a break-in at National Headquarters for the American Ex-Prisoners of War, 3201 East Pioneer Parkway, Suite 40, Arlington, Texas 76010. All computer hard drives were stolen, along with several days of mail, checks and cash awaiting deposit and assorted paper files and records. These records include National Service Officer work, protected under Federal law. The Arlington Police Department, IRS, Department of Veterans Affairs, the United States Federal Attorney in Dallas and the USPS Postal Inspector were all notified. The concern is the database of members. These records, approximately 35,000, have social security numbers, dates of birth and VA claim numbers in them, along with names, addresses and other personal information. AXPOW members need to be alert for any fraudulent activities concerning their finances. [Source: Military.com Veterans Report 27 Aug 07 ++]


NMCRS SCHOLARSHIPS: The Navy-Marine Corps Relief Society's (NMCRS) education programs help eligible Navy and Marine Corps families pursue their academic goals by providing a source of education financing through scholarships, loans, and/or grants. Awards are provided solely on the basis of the applicant's financial need, in accordance with policies established by the Society's Board of Directors. Depending on the type of program its administration is accomplished by either NMCRS Headquarters or local NMCRS offices. Following are the programs offered and administered by NMCRS Headquarters:

- Vice Admiral E. P. Travers Scholarship and Loan Program: Provides scholarships and interest-free loans to the dependent children of active duty and retired Navy and Marine Corps personnel, as well as spouses of active duty Navy and Marine Corps service members. The Travers scholarship provides students with grants ranging from $500 up to $2,500 for an academic year. The Travers loan offers interest-free loans from $500 up to $3,000 (for an academic year) to students' service member sponsors. One application form is used to apply for both the scholarship and the loan. The Travers application package is posted at http://www.nmcrs.org/travers.html each October for the following academic year.

- USS Tennessee Scholarship Fund, which was established upon the commissioning of USS Tennessee (SSBN 734). The scholarship provides grants of up to $2,000 for an academic year to dependent children of service members who are serving or have served aboard USS Tennessee. The Tennessee application package is posted at http://www.nmcrs.org/spec-prgm.html. Students who apply for the Tennessee Program may also apply for the Travers Program.

- Dependents of Deceased Service Members Scholarship Program: Provides grants for an academic year to children and unremarried spouses who are military dependents of deceased service members. Awards are determined by NMCRS Headquarters Education Division. . The Dependents application package is posted at http://www.nmcrs.org/child-dec.html each October for the following academic year. Eligible applicants include:
a. Dependent children of retired deceased service members.
b. Dependent children of service members who died while on active duty not in a hostile fire zone.
c. Dependent children and unremarried spouses of crewmembers who died as a result of the missile attack on the ship in the Persian Gulf on May 17, 1987. (i.e. USS STARK Memorial Fund).
d. Children and unremarried spouses of crewmembers who perished as a result of the terrorist attack of October 12, 2000 (i.e. The USS COLE Memorial Fund).
e. Dependent children of deceased military personnel who perished as a result of the terrorist attack September 11, 2001 (i.e. The Pentagon Assistance Fund).
f. Dependent children and unremarried spouses of active duty service members who died under hostile fire in a theater of combat operations during the Global War on Terrorism.

- Admiral Mike Boorda Scholarship Program: Provides grants ranging from $500 up to $2,500 for an academic year to students in the Marine Enlisted Commissioning Education Program (MECEP), Medical Enlisted Commissioning Program (MECP), and/or Meritorious Commissioning Program (MCP). Applications must be reviewed and endorsed by the student's commanding officer. The Boorda application forms are posted on http://www.nmcrs.org/boorda.html each November. Application forms must be received by Headquarters no later than 1 MAY each school year. Note: In AUG 02, the Navy's Seaman to Admiral 21 Commissioning Program (STA-21) replaced the ECP and fleet accession NROTC Programs. This Program provides full pay and allowances and up to $10,000 in assistance for tuition, fees, and books. Consequently, STA-21 selectees are not eligible for the need-based Boorda Program.
All applicants must have at least a 2.0 grade point average. All applications except those for the Boorda scholarships must be received at Headquarters no later than 1 MAR each school year (about six months before the start of the fall semester). [Source: NMFA Government & You E-News 28 Aug 07 ++]


VA MILEAGE REIMBURSEMENT UPDATE 02: Section 5 of The Filipino Veterans Equity Act of 2007 (H.R.760) would increase the travel allowance available to certain veterans for medical or vocational rehabilitation appointments. Veterans with a low income and veterans seeking treatment for a service related disability are currently eligible to receive 11 cents per mile for medical appointments at VA facilities with a $3 deductible each way. Those traveling for a disability rating examination receive 17 cents a mile. Section 5 would eliminate the deductible and link the mirage reimbursement rate to that used by the federal government to reimburse employees for work-related travel in their personal vehicles. That rate is currently 48.5 cent per mile. In 2006 VA spent about $55 million to reimburse veterans for travel to medical appointments and about $5 million for veterans traveling for disability rating examinations. Based on information available from the VA the Congressional Budget Office (CBO) estimates that, in 2008, increasing the mileage rates and eliminating the deductible for medical appointments would require the appropriation of about $340 million in that year alone. The cost reflects CBO’s expectation that increasing the mileage rate would also increase the number of claims for reimbursement by about 10%. Assuming the mileage reimbursement rate would increase by 2% each year CBO estimates that implementing section 5 of H.R. 760 would cost about $1.7 billion over the 2008-2012 period, assuming the appropriation of the necessary amounts. [Source: CBO Cost Estimate revised 21 Aug 07 ++]


MEDICARE FRAUD UPDATE 01: A Medicare beneficiary who has a prosthetic foot due to an amputation should not need a brace for a leg that no longer exists. Yet from OCT 02 through MAR 05, Medicare paid over $2 million for braces after the program had paid for prosthetics for the same beneficiaries' legs, feet, or ankles. Just how many home-use hospital beds does Medicare think one senior needs? Because the government wasn't checking the bills closely, apparently quite a few. The Government Accountability Office said earlier this year that Medicare could have saved almost $71 million from JAN 03 through JUN 05 if the program had limited payments to just one bed per beneficiary per month. If that's not enough, Medicare also paid $868.85 apiece for powered pressure-reducing air mattresses. And Medicare also spent an astounding $2 million as a result of repeated billings for a single wheelchair. For the past two years federal agents have visited dozens of sham medical equipment companies in southern Florida and Los Angeles, California, that charged Medicare for prosthetic limbs, air mattresses, diabetic supplies, wheel chairs, urinary collection bags, and other medical equipment. Some of the companies existed only on paper. Investigators reported examples of finding little more than a broom closet and a broken oxygen machine. Eduardo Moreno, for example, owned multiple medical-equipment firms in south Florida and allegedly billed Medicare for more than $1.9 million in equipment that was not medically necessary, including $865.85 for air mattresses. His 2004 Rolls Royce was recently seized. Feds have also seized dozens of other bank accounts with total balances exceeding $40 million.

The crackdown is part of an effort to protect Medicare beneficiaries from fraudulent suppliers of durable medical equipment. Nationwide, such fraud is estimated in the billions. Unscrupulous medical equipment dealers sometimes fraudulently bill Medicare without the knowledge of the Medicare beneficiaries, and sometimes offer money for the use of Medicare numbers in order to bill the government for services the patients don't need or never receive. Others provide equipment, but bill Medicare for more expensive equipment than the patient received. Questions about Centers for Medicare & Medicaid Services (CMS) oversight have persisted for months. Industry insiders say that it's relatively easy to get a provider's billing number from Medicare and that supervision has been lacking. According to a report earlier this year, companies continued to bill the government a total of $400,000 even after staff of the Health and Human Services Inspector General visited their offices and determined that the businesses did not exist. In south Florida, investigations have led to the suspension of 634 suppliers out of 1,472 investigated. In Los Angeles, 770 out of 2,000 suppliers had their billing privileges revoked. CMS recently announced a series of steps to strengthen requirements for medical equipment dealers, including stringent background checks and more frequent follow-up visits. Fraud costs both taxpayers and beneficiaries. TSCL Advisor editor Mary Johnson estimates that waste, fraud and abuse cost every Medicare beneficiary about $72 in higher premium costs in 2005, the most recent year for which government data is available. TSCL supports tough enforcement and prosecution of those convicted of fraud. In addition, TSCL believes Congress must ensure that Medicare has the investigation staff and tools required to combat fraud, which has been proven to save the program about ten dollars for every one dollar invested. [Source: TSCL Social Security and Medicare Advisor 29 Aug 07 ++]


FILIPINO VET INEQUITIES UPDATE 06: House Committee on Veterans’ Affairs Ranking Member Steve Buyer (R-IN) commended the membership of The American Legion on 24 AUG for their opposition to a bill which would cut nearly $1 billion in benefits for elderly, disabled and financially disadvantaged wartime veterans. “In opposing benefits cuts to one group of veterans to pay for another group, The American Legion has taken a forthright and principled stand for veterans,” Buyer said. He referred to an 17 AUG letter from the Legion’s national legislative director, Steve Robertson, to committee chairman and author of the bill H.R. 760, as amended, Bob Filner (D-CA). The letter also went to all members of the House. The bill, H.R. 760, as amended, would grant an $8,400 annual pension for a married, non-U.S. citizen Filipino World War II veteran living outside the United States. A single Filipino veteran would get $6,000 per year and a surviving spouse would receive $3,600. Additionally, section 2 of the bill would qualify eligible Filipino veterans for VA medical care in the Philippines. Based on information from the VA the congressional Budget Office (CBO) estimates there will be about 30,000 eligible Filipino veterans living in the Philippines in 2008 and that their numbers will decline to about 24,000 by 2012. In 2006 the VA’s average annual cost of providing medical care to veterans in the Philippines was about $1700 per person and after accounting for inflation that average would increase to about $2100 per person by 2012. According to the VA estimates 25% of all veterans use VA medical care. CBO estimates that implementing section 2 of the bill would increase VA health care cost by $5 million in 2008 and $55 million over the 2008-2012 period, subject to appropriation.

Special Monthly Pension (SMP) is a program administered by the VA for low income totally disabled, war veterans whose disabilities are unrelated to their service. Eligible veterans who have more than one disability may receive a higher payment in the form of a SMP at either the aid and attendance (A&A) level or the lower housebound level. Those whose second disability is rated 100% are eligible to receive the A&A SMP; those who second disability is rated 60 to 90% are eligible for the housebound level. As of 2001 veterans over 65 are presumed to be totally disabled for the purposes of receiving the basic pension. Till a recent court hearing that presumption did not extend to SMPs. Veterans over 65 were required to have two disabilities rated at 100% each or one at 100% and one rated at 60% or greater to receive the A&A or housebound SMPs respectively. The Court of Appeals for Veterans’ Claims found that the presumption of disability eliminated the need for the initial disability rating of 100%, significantly expanding the number of veterans eligible to receive the more costly SMP. Pursuant to that holding, VA began to pay the A&A SMP to veterans over 65 who have one disability rated at 100% and to pay the housebound SMP to veterans with a single disability of 60% or greater.

Section 3 of H.R.760 would change the eligibility requirements for SMPs to those in force before the court ruling thus reducing the number of veterans eligible for SMP and subsequently reducing the cost of the pension program. Based on data from VA, CBO estimates that over the next 3 years, of the 20,570 veterans over 65 who are receiving the basic pension because they were presumed disabled, 75% or 15,400 will apply for and receive a SMP. From VA input CBO estimates 12,800 of those qualifying pensioners under current law will be found eligible for the A&A SMP and the remaining 2600 will receive the housebound SMP. Estimates are that about 3000 new pension recipients will qualify for the SMPs because of the court ruling. Thus under current law a total of 10,350 additional veterans will receive SMPs in 2008 and using normal mortality rates an additional 13,500 will receive SMPs by 2017 because of the court ruling. Using present and projected pension rates and adjusting for cost of living increase CBO estimates by 2017 the court ruling will increase direct spending on veteran’s pension by $485 million over the 2008-2012 period and by $965 million over the 2008-2017 period. Enacting section 3 would undo that expected increase under current law, resulting in an equal amount of savings that would pay for the proposed new Filipino veteran benefits.

“Paying extremely generous benefits to Filipino veterans where the median annual Filipino family income is about $2,500, shows the Chairman’s priorities are wrong and paying for it by cutting benefits for elderly, poor, disabled U.S. veterans add insult to injury,” Buyer said. “We would need to pay pension recipients over $100,000 to match the buying power being given to residents of the Philippines.” Budgetary offsets are necessary under the “PAYGO” rules of Congress for such spending. To create the offsets needed for H.R. 760, Filner amended his original bill by restricting eligibility for VA special monthly pension (SMP) benefits for about 20,000 severely disabled, economically disadvantaged and elderly wartime veterans. In restricting SMP eligibility, Chairman Filner “found” offsets totaling $965 million. Committee Republicans were not allowed to offer amendments to preserve these pension benefits for U.S. veterans. “I look to other veterans advocates to recognize and oppose the shell game at play in this bill,” Buyer said. “This is not a question about the valor and contribution of the Philippine armed forces in the Second World War. That is beyond debate and I note that the Legion does not oppose increased benefits for these veterans. However, to fund such increases by cutting benefits for elderly, poor and severely disabled or house-bound U.S. veterans who need it most – many themselves who served in World War II – crosses the line and I agree with the Legion’s opposition to the funding provision. The American Legion clearly recognizes this injustice, as has AMVETS and the National Association for Uniformed Services in previous statements.” [Source: HCVA Press Release 24 Aug & CBO Cost Estimate revised 2 Aug 07 ++]


AGENT ORANGE COMPENSATION PACKAGE: Speculation is rampant as to when Canadian Prime Minister Stephen Harper's Conservative government will announce a compensation package for victims of Agent Orange and other herbicides at Canadian Forces Base Gagetown. Sources told The Daily Gleaner plans were afoot for an announcement late next week, but that has now changed. Any compensation announcement is widely expected to be an ex gratia payment in the range of $20,000 to $24,000. Ex gratia means the funds are being paid voluntarily and the government accepts no liability. The uncertainty as to when such an announcement may be made follows the release 21 AUG of the latest health report. The document states cancer rates in the area in and around the base are no higher than in other parts of the province. The study prepared for Base Gagetown Fact-Finders Project did determine, however, that those involved in the preparation and distribution of the herbicide mix were at greater risk of developing a variety of health problems, including cancer. Agent Orange was tested at Canadian Forces Base Gagetown for four days in 1966 and for three days in 1967. The base also used commercially available chemicals known as 2-4-5-T and 2-4-D on its ranges to keep forest growth down. Using the province's cancer registry, the recent report examined mortality rates in the Gagetown area dating from the 1980s to 2003. While rates of soft-tissue sarcoma and non-Hodgkin lymphoma differed little when compared to the rest of the province, cancers of the breast, bone, larynx and brain were slightly more prevalent. Dr. Judith Guernsey, the author of the report, said there was no consensus within the scientific community that herbicides were responsible for the development of those types of cancer. The report is the last in a series that downplays health risks for people living near and working on the base. The final report from the fact-finders project is expected to be on the desk of Defense Minister Peter McKay in early SEP. [Source: Dai!
ly Glean
er Michael Staples article 23 Aug 07 ++]


PURPLE HEART HALL OF HONOR: The National Purple Heart Hall of Honor is conducting a nationwide effort to register Purple Heart recipients in the museum’s database. So far, 70,000 recipients have been registered since the Hall of Honor opened in New Windsor, NY in November, but organizers hope to enroll as many as 1.5 million, said Sergio Morales, a member of the museum’s board of directors. Hall visitors can access the list of Purple Heart recipients on the museum’s 15 computers that chronicle photos and stories about those who have earned the medal. The Defense Department does not keep an official database of Purple Heart recipients. Hall of Honor organizers hope their efforts will create as complete a list as possible of those who have earned the medal to ensure they are not forgotten, Morales said. To register with the Hall of Honor, recipients must prove they received the medal by submitting the appropriate official documentation, including a DD-214, DD-215, WD AGO-53-55, General Orders or a Letter of Transmittal. Hall officials also requested recipients send a written narrative of how they earned their medal, any newspaper articles written about them receiving the medal, and any photographs of them while in the service. Although it’s not required, recipients can also tape an interview at the Hall of Honor chronicling their service and the events that led to their Purple Heart. An unedited copy of the DVD is given to the recipient, while an edited version is kept at the Hall and stored with that individual’s record. Recipients can contact the Hall of Honor at (845) 561-1765 and 1-877-28HONOR, or on its website www.thepurpleheart.com. [Source: NavyTimes Michael Hoffman article 27 Aug 07 ++]


IRS CONSUMER WARNING UPDATE 01: Federal agencies increasingly have been the subject of phish scams this summer, and there seems to be no end to it. A phishing email allegedly sent by the IRS is being forwarded to many taxpayers. It says that the recipients are entitled to an IRS refund and to obtain that refund they must click on the form indicated in the email and complete it. The email successfully eludes the spam filters on many servers and the filters installed in recipient’s computer email programs such as Outlook. Here is a copy of one I received:

“After the last annual calculations of your fiscal activity we have determined that you are eligible to receive a tax refund of $109.30. Please submit the tax refund request and allow us 6-9 days in order to process it. A refund can be delayed for a variety of reasons. For example submitting invalid records or applying after the deadline. To access the form for your tax refund, please Click here.
Regards, Internal Revenue Service”

The IRS confirms that the email is a fraud, making it part of the 161 phishing scams that the IRS has identified this year, an IRS spokeswoman says. The IRS has received 14,000 emails from individuals who have forwarded on suspicious looking emails to phishing@irs.gov, a mailbox the IRS set up last year for individuals to send emails that look like they may be scams. IRS has issued a number of warnings in the past 18 months alerting individuals about fraudulent emails coming form the IRS. Phishers are also using the Justice Department and Federal Trade Commission to launch attacks designed to trick individuals to give up personal information or to download malware. The agencies report that emails look quite sophisticated. Although, the latest IRS email doesn't look quite professional enough to come from the IRS, many individuals would be fooled by the official IRS logo and the screened copyright statement at the bottom. [Source: GOVExec.com 28 Aug 07 ++]


SBP AUTOMATIC COVERAGE & OPTIONS: DFAS reports that there appears to be some confusion regarding the application of the automatic coverage provision under the Survivor Benefit Plan SBP and the SBP options available to the military retiree after retirement. The information below serves as guidance on these issues.

1. Member with Beneficiaries at Time of Retirement: Automatic SBP coverage applies only at retirement. The automatic coverage provision does not apply to any situation which may occur after the member’s retirement date. Automatic coverage does apply to any member who, on the date of retirement, 1) did not make a valid SBP election, that is, an election for full coverage, less than full coverage, or declined coverage; and, 2) has a qualified spouse and/or child beneficiary.

2. Member with No Beneficiaries at Time of Retirement: A member who has no eligible beneficiaries at retirement is not required to submit an SBP election. Automatic coverage does not apply in this case since the member has no eligible beneficiaries. However, if such member later acquires a spouse and/or child he may elect SBP coverage. The member would have one year from the date of acquisition to make an election to cover the newly acquired beneficiary. An election may be submitted by letter provided the intent to elect is clear and all information required for an election is provided. A letter which only notifies us that the member has married does not constitute an election of SBP. Again, there is no automatic coverage for any spouse and/or children newly acquired after retirement. In order to provide SBP coverage in this situation, the member must submit a valid positive written election which is received within the election period prescribed by law.

3. Member Who Had SBP Coverage for Spouse and/or Child at Retirement: A member fitting this situation who later loses a beneficiary will have SBP coverage suspended during the period in which there is no eligible beneficiary. Should the member subsequently acquire a new beneficiary in the same class as was originally provided at retirement, the original coverage is reinstated for the newly acquired beneficiary. Reinstatement of coverage is not the same as automatic coverage. The reinstatement will happen when that person qualifies as an eligible beneficiary. For a new spouse, it would be on the first anniversary date, or sooner, if a child is born of the marriage. For a new child, it would be the date of birth (if a natural child) or the date of acquisition (if other than a natural child).

It should be noted that upon acquisition of a new spouse the member does have the option to either increase the level of coverage (base amount), or to terminate coverage. Such a request must be made by the member before the first anniversary date of the marriage. [Source: DFAS Retired Pay Newsletter Aug 07 ++]


TRICARE RESERVE SELECT UPDATE 07: TRICARE Reserve Select (TRS), a premium-based health plan that qualifying National Guard and Reserve members may purchase, was first authorized by Congress in 2005. The plan has improved every year, but changes for 2007 are the most significant yet. A streamlined TRS health care program launches 1 OCT 07. The revamped version is affordable and simpler, with one premium level instead of the current three-tier system. Monthly premiums will be $81 for the service member and $253 for member and family coverage. TRS offers coverage comparable to TRICARE Standard and Extra. Members of the Selected Reserve can find out more about TRS and locate their TRICARE regional contractor contact information by entering their profile at the “My Benefits” portal at www.tricare.mil. The revamped TRS also includes expanded survivor coverage, continuously open enrollment and much more. Gone are service agreements and differing qualifications for each of the three tiers.

There are now only two qualifications for TRS under the restructured program. First, the member must be a Selected Reserve member of the Ready Reserve. Second, the member must not be eligible for the Federal Employee Health Benefits (FEHB) program or currently covered under FEHB (either under their own eligibility or through a family member with FEHB). National Guard and Reserve members can contact their Reserve Component points of contact if they have 30 SEP 07. In essence, the old TRS ceases to exist and the new TRS starts 1 OCT 07. A letter from Secretary Hall was sent to the approximately 11,500 members currently covered by TRS. The letter explained the program changes and how to continue TRS coverage under the restructured program. All qualified members of the Selected Reserve who wish to purchase TRS under the restructured program must fill out the new form and forward it to the appropriate TRICARE regional contractor. If the member is new to TRS, or currently mails the monthly premium payment, then one month’s premium must be sent with the form. Two forms, for the old TRS program in effect through 30 SEP and the new TRS program beginning 1 OCT, are available to eligible members of the Selected Reserve from the National Guard and Reserve Web portal located at https://www.dmdc.osd.mil/appj/trs/index.jsp. Since the current Tier program is in effect until 1 OCT, eligible members who wish to purchase TRS coverage now, and then continue under the new program, will need to send in both forms. [Source: MHS News Release 13 Aug 07 ++]


MILITARY DIVORCE & SEPARATION: Overall, it's important to realize that the military considers divorce and separation to be a private civil matter, best resolved by the courts. Sometimes military spouses expect too much out of military authorities. They think they can contact their spouse's commander, and the commander will waive a magic wand and make everything better. In most cases, that's unrealistic. The commander has limited authority in the area of divorce & separation. The military only becomes involved in domestic situations in very limited, specific ways -- procedures which are authorized under law or military regulation -- usually when it concerns pay, benefits, property, etc., which are regulated by federal law. In a vast majority of military domestic situations, the correct procedure is to obtain an attorney, and take it to court. Military personnel and family members all have access to free legal services provided by the legal office (JAG). What most people don't realize, however, is the JAG is of very little help when it comes to divorce and separation. At most, the JAG can give you general advice. They cannot prepare divorce or separation documents, they cannot represent you in court, they cannot file legal divorce or separation paperwork for you. Quite often, even the general advice may be of little use, as there is no requirement that a military lawyer be licensed to practice law in the state they are stationed in, so the lawyer's knowledge of divorce laws of that particular state may be limited. For military divorce, separation, or child support situations, you need to consult with a civilian attorney, knowledgeable of the divorce laws of your particular state. The lawyer you choose should also have extensive experience with military-related family law because many things are different between military-related and civilian domestic situations. A family lawyer with military-related family law experience will have knowledge of the provisions of the Servicemembers Civil Relief Act (SSCRA!
) and th
e Uniform Services Former Spouse Protection Act (USFSPA), as well as specific provisions required for garnishment of military pay. Start by calling your local bar association, and ask them for a list of divorce lawyers in your area who specialize in military-related divorce situations. Some lawyers who specialize in military-related divorce situations advertise on the Internet (i.e. http://usmilitary.about.com/od/divlawye ... awyers.htm). Many lawyers offer free initial consultations. Take advantage of that. Interview several lawyers and choose the best one for your particular situation.

Military ID Cards. Often military members mistakenly think that because regulations require them to submit an application for family member ID cards, and because they are listed as the sponsor, that they can confiscate their spouse's ID card any time they choose. However, family member ID cards (and the privilege granted by such cards) are an entitlement, granted by congressional law (not the sponsor). In other words, it's Congress who gets to decide who can and cannot have an ID card, not the military sponsor. A military member who unlawfully takes an military identification card away from his/her spouse can be charged for Larceny under the provisions of Article 121 of the Uniform Code of Military Justice (UCMJ). All of the services use the same joint regulation which governs the issuance of military identification cards. If the military member refuses to sign the application for an ID for a military dependent, the regulation contains provisions where the Personnel Office may indicate such on the application form, and issue the ID card anyway. In most cases, the nonmilitary spouse will lose his/her ID card (and privilege) once the divorce is final, with two exceptions:
a.) 20/20/20 former spouse. Full benefits (medical, commissary, base exchange, theater, etc.) are extended to an unremarried former spouse when the parties had been married for at least 20 years; the member performed at least 20 years of service creditable for retired pay; and there was at least a 20 year overlap of the marriage and the military service. If the former spouse is covered by an employer-sponsored health care plan, medical care is not authorized. However, if coverage is terminated, military medical care benefits may be reinstated upon application by the former spouse.
b.) 20/20/15 former spouse. The former spouse qualifies for medical benefits (no commissary, bx, etc.) for one year from the date of the divorce, dissolution or annulment, when the parties had been married for at least 20 years; the member performed at least 20 years of service creditable for retired pay; and there was at least a 15 year overlap of the marriage and the military service. If the former spouse is covered by an employer-sponsored health care plan, medical care is not authorized.

Base Housing. While on-base family housing is issued to the military member, the member does not have the authority to evict his/her military family members. Only the installation commander has that authority. In fact, in most cases, when a domestic situation has deteriorated to the point where physical separation is warranted, the first sergeant and/or commander will usually order the military member to reside in the dormitory (barracks). This is because the military has the authority to house in the dormitories at no charge to the military member, but it has no authority to provide no cost billeting to military spouses. However, military family housing, by law, can only be occupied by military members who reside with their family members (other than authorized exceptions, such as when the military member is deployed, at sea, or serving in a remote-tour area). The services all have regulations which require the family housing unit to be vacated (usually within 30 days) if the military members stops residing there, or if there are no family members residing there. So, in most cases, in the event of a separation, the party remaining in the base housing unit must vacate unless the remaining party is the military member and other dependents, such as children, remain. The military will not pay for such moves, however. While the Joint Travel Regulation (JTR), paragraph U5355C authorizes the military to pay for short-distance household good transportation in the event a military member is ordered out of base housing, the regulation specifically prohibits this provision to be used for personal problems. The regulation states: "A short distance HHG move, incident to moving to/from Government quarters, is not authorized to accommodate a member's personal problems, convenience, or morale." [Source: About.com: U.S. Military Rod Powers article 21 Aug 07 ++]


VA FACILITY EXPANSION UPDATE 06: To provide better health care into the 21st century for New York state veterans, the Department of Veterans Affairs has announced several major enhancements at the Canandaigua VA Medical Center. VA is developing modernization plans for the Canandaigua campus that include construction of a new single-floor 120-bed nursing home, a new 50-bed residential rehabilitation facility and a renovated outpatient building to meet the current and anticipated needs of Finger Lakes area veterans. The new facilities will be designed to preserve the historic core of the campus by renovating buildings in one of the historic courtyards to retain the ambiance of the 171-acre campus. VA will also explore partnerships with the private sector to generate revenue and complementary services for veterans by leasing under-used buildings and land at Canandaigua. VA Secretary Nicholson also announced Canandaigua is being designed as a “VA Mental Health Center of Excellence,” working in collaboration with the department of psychiatry at the University of Rochester. In this capacity, the facility will oversee a broad range of efforts (locally, regionally and nationally) to improve mental health care for veterans. As a Center of Excellence, the facility will focus on suicide prevention, post-traumatic stress disorder and other mental health issues. In the interim VA has officially opened its National Suicide Prevention Hot Line (1-800-273-8255) at Canandaigua, which provides round-the-clock national assistance for veterans. The program is an important collaboration between VA and the Substance Abuse and Mental Health Services Administration in the Department of Health and Human Services. The new construction and modernization at Canandaigua was a result of the Capital Asset Realignment for Enhanced Services (CARES) review process, which began in 2004 to upgrade VA health care facilities across the country. Plans for the Canandaigua VA Medical Center will be integrated into the Secretary's natio!
nwide ca
pital plan so that a timetable and budget can be established, followed by congressional consideration for authorization and funding. As VA develops construction plans for the future of the facility, the Department will examine the potential use of portions of the 171-acre campus to assist in the delivery of other complementary services for veterans. [Source: VA Media Relations 16 Aug 07 ++]


VA FACILITY EXPANSION UPDATE 07: A new Health Care Center in Harlingen TX announced 20 AUG by the Department of Veterans Affairs (VA) will vastly improve care to Valley veterans in South Texas, eliminating the vast majority of trips required by veterans to VA medical facilities in San Antonio. The plans will provide a new VA health care center on the campus of the University of Texas in Harlingen. The announcement, which came after an independent study on the future needs of Valley veterans requested by Senator Kay Bailey Hutchison, included plans to expand services by VA health care facilities in McAllen and Corpus Christi. Bill Feeley, VA’s Deputy Under Secretary of Health for Operations and Management said, “Once completed, the new health care center in Harlingen will eliminate about 95% of the trips veterans currently have to make to San Antonio for medical services. This plan will allow us to start providing specialty services to Valley area veterans this year, with even more expansion of services next year.” The plans call for increasing the current VA health facility space in Harlingen from 11,700 square feet to nearly 160,000 square feet by 2010. When the facility is completed in DEC 08, it will provide a full range of expanded services in collaboration with the University of Texas Regional Academic Health Center, including specialty and diagnostic services, such as pharmacy, digital x-rays, CT scans, MRIs and other services; and outpatient surgeries, such as cataract removals, diagnostic colonoscopies and prostate biopsies, supported by outpatient operating rooms. [Source: VA Media Relations 20 Aug 07 ++]


VA FACILITY EXPANSION UPDATE 08: On 21 AUG the Department of Veterans Affairs (DVA) announced a preferred downtown site for reconstruction of a VA Medical Center in New Orleans LA. Secretary of Veterans Affairs Jim Nicholson said the preferred site is located on 34 acres of land bounded by South Rocheblave Street to the north, South Galvez Street to the south, Tulane Avenue to the west, and Canal Street to the east. VA continues to evaluate collaboration with other local health care providers for shared services based on physical, financial and programmatic viability, including support for overall health care redesign. The downtown site must now undergo a mandatory environmental assessment, along with another site under consideration located 4.5 miles away in Jefferson Parish. At the conclusion of the review, a final decision on the site and acquisition of the land will be concluded. This year, VA expects to spend more than $1.2 billion in Louisiana for the state’s 350,000 veterans. VA operates major medical centers in Alexandria and Shreveport, eight community-based outpatient clinics, Vets Centers in Kenner and Shreveport and a nursing home in Alexandria. [Source: VACO OPIA Early AM Rpt 21 Aug 07 ++]

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[boardman]

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VA FACILITY EXPANSION UPDATE 09: Modern facilities for the future health care needs of Los Angeles veterans, new services for local homeless veterans, a columbarium and a regional office for the Department of Veterans Affairs (DVA) are all closer to becoming reality. DVA Secretary Nicholson’s announcement came as a VA contractor completed its study of the West Los Angeles VA Medical Center under the Capital Asset Realignment for Enhanced Services (CARES) review process, which began in 2004 to upgrade VA health care facilities across the country. The study’s conclusions will be presented to the public and to a Local Advisory Panel appointed by VA to help the Department with its capital master plan. That meeting is scheduled for 6 SEP from 17-2100 at the Wadsworth Theater on the campus of the West Los Angeles VA Medical Center at 11301 Wilshire Boulevard. Nicholson also announced his decision to designate buildings 205, 208 and 209 available for homeless veterans programs. Plans to build a VA columbarium and relocate the VA regional office to the site are also included in all the options. The new columbarium will provide critically needed space for the cremated remains of veterans. Relocating the regional office, which handles claims for disability pay and other VA benefits, from the Los Angeles Federal Building to the medical center campus will provide more convenient services for veterans who need to coordinate medical care with benefits claims processing.
Agreement has been reached with the Veterans Park Conservancy to designate 16 acres of land for use on the West Los Angeles campus. All improvements and any changes will first be approved by VA. The designation will be considered as part of any final CARES decision. At the Local Advisory Panel meeting, the consultant who prepared the study for VA will present a detailed analysis of the modernization options for VA to consider as the Department prepares to meet the future needs of southern California veterans. These options include:
• Constructing a new VA hospital;
• Renovating the existing hospital;
• Building a new VA nursing home;
• Modernizing the hospital’s inpatient and outpatient mental health facilities.
The meeting is the third public forum the Local Advisory Panel has held since the beginning of the CARES process. Time will be set aside for questions, and for community members to provide VA with their input on the proposed modernization plans. All options will take into account land already set aside for a new California state nursing home for veterans. The recommendations of the Local Advisory Panel and community feedback will be submitted to VA with the final report. [Source: VACO OPIA Early AM Rpt 21 Aug 07 ++]


VDBC UPDATE 21: The Veterans' Disability Benefits Commission (VDBC) has moved closer to completing its October report to Congress, tackling a multitude of recommendations from the Institutes of Medicine (IOM). Most of IOM's 40-plus recommendations were accepted by the commission, including those concerning the impact a disability has on a veteran’s quality of life (QoL) and changes to individual unemployability (IU) determination and compensation. Here are some highlights of the commission-approved recommendations:

- VA should compensate for work disability, loss of ability of useful life activities, and loss in QoL.
- VA should develop a tool for measuring QoL, including the effects of disability on family members.
- Congress should increase compensation rates 25% as an interim measure to address loss of QoL, pending development and implementation of a QoL measure.
- VA should develop and test incentive models that would promote vocational rehab and return veterans to gainful employment.
- VA should require vocational assessments in determining unemployable eligibility.
- VA should gradually reduce the unemployability portion of disability compensation for those able to return to employment rather than abruptly terminating it

The Commission also developed two recommendations addressing the Center for Naval Analyses' testimony highlighting that members who become severely disabled at younger ages face a greater financial penalty because their earning careers are cut short, vs. those whose severe disabilities develop later in life. It recommended increasing compensation rates for younger disabled veterans to help eliminate the disparity. It also proposed paying a "severely disabled stabilization allowance" during the first three years after leaving service, to better address out-of-pocket costs severely disabled servicemembers face in their transition to civilian life. [Source: MOAA Leg Up 24 Aug 07 ++]


DOD DISABILITY EVALUATION SYSTEM UPDATE 05: The Bush administration is preparing a legislative proposal to present to Congress in SEP 07 that would establish a separate and, under most circumstances, a more generous disability package for service members who are injured in war or while training for war, sources said. Under the plan, recommended by the Dole-Shalala commission, service members found unfit for duty as a result of combat or combat-training injuries, regardless of the number of years served, would qualify for an immediate lifetime annuity from the Department of Defense. Annuity amounts would be based on the formula used to calculate regular retired pay: 2.5% of basic pay multiplied by years in service. A wounded warrior with two years of service thus would get 5% of basic pay. Likewise, a service member injured in combat training who had served 10 years when found unfit would get 25% of basic pay. These members also would be get lifetime TRICARE, the military health and pharmacy plan. Separately they would get disability compensation from the Department of Veterans Affairs for any and all service-connected injuries or ailments. VA compensation likely would be raised under the plan to include a quality-of-life allowance. But the portion of VA compensation now provided, and intended only to cover reduced earnings capacity, would stop at age 65 when social security begins. Issues not addressed regarding ability to draw social security are:

1. Unless something is done very soon, because of decades of bad accounting practices, the Social Security Trust Fund is projected to go bankrupt in 30 years. The President’s plan transfers the disabled veteran to a rapidly sinking ship without a life jacket.
2. What of the disabled service member who has less than 10 years Social Security earnings? Those with less than 10 years earning receive no benefit. There are already laws in place that reduce the Social Security Benefits for having less than 30 years of Social Security Earnings … The Windfall Elimination Provision is one of these laws.

The legislation is being drafted by DoD and VA officials and they continue to work out critical details. One issue outstanding is whether the changes should be applied retroactively, perhaps to all combat-related disabled members injured since the attacks of 9-11. But the Bush administration has decided that these disability pay changes should apply only to members with injuries from combat or combat training. That, officials say, adheres to the theme of Dole-Shalala, also known as the President's Commission on Care of America's Returning Wounded Warriors. Because the commission's charter focused solely on the needs of combat wounded veterans, its recommendations do too. Under the White House plan, non-combat disabled members still would come under current service disability retirement, with percentage awards based only on conditions that make the individual unfit for service. Non-combat disabled members rated below 30% still would get a lump-sum severance payment instead of an annuity and would not qualify for TRICARE. This point is expected to be vigorously opposed by advocates for disabled members. Though they generally are excited about the changes planned for combat-related injuries, advocates see stark inequities in having separate disability packages, one for wounded warriors and one for members with other service-connected injuries or ailments.

The White House position also seems to be in conflict with a principle of the Veterans' Disability Benefits Commission, which will complete its two-year comprehensive study of disability benefits in OCT 07. That commission already has voted not to treat disability benefits differently based on whether an injury is received in combat, advocates point out. One administration official brought another warning. If the VA-portion of disability compensation is not boosted as much as envisioned by Dole-Shalala, then certain disabled warriors actually might receive less in overall disability pay than non-combat disabled peers with equal rated conditions. Though advocates for disabled veterans see the Dole-Shalala disability pay reforms as overwhelming positive for service members, which is why they want Congress to apply the changes to all members being separated as physically or mentally unfit, there are anomalies to be addressed, they said. For example, an E-4 with four year's service and a 30% rated a disability that leaves him unfit for duty would get service disability retirement today of $546.07 a month. Under Dole-Shalala, if VA compensation remains at current levels, with no qualify-of-life allowance, the same E-4 injured in war would receive longevity retirement of $182.02 a month for his four years of service plus VA compensation of $348. The total of $530.02 a month would be $16 less than awarded to the non-combat disabled member. Even in this case, however, VA compensation of $348 a month is only for the unfitting condition. The VA typically will base compensation for any disabled veteran an average of 20% higher than the rating used for service retirement because the VA considers all service-connected conditions not just those that make the member unfit for continued service.

Several military associations and veterans groups met 31 JUL with Karen Guice, the Dole-Shalala commission's deputy staff director, to clarify what commissioners intended regarding two military disability systems. Retired Air Force Col. Mike Hayden, a benefits expert with Military Officers Association of America, said Guice assured the group that commissioners, if asked, would recommend that their disability pay reforms extend to all disabled members not just the combat injured. That seems in keeping with the report's criticism of the confusion and complexity that now exists with DoD and VA having separate disability systems. Dole-Shalala would end that dual track, removing DoD from the rating business. Yet the White House seeks to have separate disability systems within DoD itself, citing the same report. This has drawn criticism even within the administration as concerns rise over the impact on morale of categorizing disabled members based on where or when they are injured. President Bush, during a 13 AUG visit to the VA medical center in Washington D.C., said the Dole-Shalala recommendations "make a lot of sense, and we would ask for the Congress to pass those as quickly as possible, so I can sign them into law." To comment on how do you feel about this issue, e-mail milupdate@aol.com, write Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com? Also, let your public officials know how you feel. This can be easily done by referring to http://capwiz.com/usdr/issues/alert/?al ... 1&queueid=[capwiz:queue_id] to forward a preformatted message or one of our own making to your representatives. [Source: Military.com Tom Philpotts article 23 Aug 07 ++]


DOD DISABILITY EVALUATION SYSTEM UPDATE 06: The Military Officers Association of America (MOAA) has informed their members that sources tell them the Bush Administration has directed the Defense Department to move out quickly and develop a legislative proposal to change the military disability retirement system. But the proposal would be strictly limited to people who are disabled by combat-related wounds, as recommended by the Dole-Shalala Commission on Care for America’s Returning Wounded Warriors. MOAA agrees rapid action is needed, but believes strongly the need to slow down this train just a little, and think twice before pushing an idea that might follow the letter of a Commission recommendation, but would completely violate its spirit. MOAA has talked to the Dole-Shalala commission members and staff, and they say in no uncertain terms that they never intended to propose a unique retirement system for combat-disabled members. They only looked at combat-disabled members because that's who their charter covered, so that's who's addressed in their report. But they'll tell anyone who asks that they think the same retirement and compensation rules should apply to all service-connected disabled members, not just those wounded in combat. That view is echoed strongly by the Veterans' Disability Benefits Commission, a separate group that's been studying the military and VA disability systems for two years and is due to report to Congress this fall. They recognize that, if military service causes a disability, the impact on the servicemember is the same, whether it was caused by a bullet, a building fire, or a military vehicle accident. It should be kept in mind that one of the purposes of the Dole-Shalala commission was to help find solutions to the maze of administrative roadblocks that kept disabled members and families from understanding their options and benefits. Proposing a new unique disability process that only applies to a relatively small percentage of disabled members will hardly make the !
system a
ny easier to navigate, and will only create major new inequities. As we try to expedite action on the valuable recommendations of these important commissions, we must make sure we listen to what they're actually saying. [Source: MOAA Leg Up 24 Aug 07 ++]


VET CEMETERY HAWAII: To ensure Hawaii veterans continue to have a final resting place that honors their service to the nation, a senior official of the Department of Veterans Affairs (VA) announced on 21 AUG the award of a $743,035 grant to expand the West Hawaii Veterans Cemetery in Kona. The grant will pay for the initial development of a new burial section, including 306 full-casket burial sites, an automated irrigation system and sod. Full development will include a committal service shelter, an assembly area, an in-ground cremation burial section, a restroom facility, a service yard with a covered storage area, supporting roads, walkways and infrastructure. Hawaii has seven other VA-funded state cemeteries: Hawaii State Veterans Cemetery in Kaneohe; East Hawaii Veterans Cemetery I and Cemetery II in Hilo; Kauai Veterans Cemetery in Hanapepe; Maui Veterans Cemetery in Makawao; Molokai Veterans Cemetery in Hoolehua; and Lanai Veterans Cemetery in Lanai City. Procedures, regulations and arrangements for burial in the Hawaii State Veterans Cemeteries can be found at http://www.dod.state.hi.us/ovs/document ... Burial.pdf or by calling the Hawaii Office of Veterans Service at [808] 433-0420. VA’s State Cemetery Grants Program complements VA’s 125 national cemeteries across the country. The program helps states establish, expand or improve state veterans cemeteries. To date, the VA program has helped establish 66 veterans cemeteries in 34 states, Guam and the Commonwealth of the Northern Marianas, which provided more than 22,000 burials in fiscal year 2006. Since the program began in 1980, VA has awarded 157 grants totaling over $287 million. Information on VA burial benefits can be obtained from VA’s national cemetery offices, from the Internet at http://www.cem.va.gov or by calling VA regional offices toll-free at 1[800] 827-1000. [Source: VA Press Release 21 Aug 07 ++]


SHINGLES UPDATE 02: A vaccine for shingles, which Department of Veterans Affairs (VA) researchers helped develop, is available to veterans who are patients at VA medical facilities nationwide. Secretary of Veterans Affairs Jim Nicholson said, “Shingles can seriously degrade the quality of life for those who suffer from this disease. Offering this vaccine to our patients is further evidence of VA’s commitment to provide world-class health care to America’s veterans. VA will continue research that leads to real-life solutions like the distribution of this shingles vaccine for patients at VA facilities across the country.” VA physicians will offer the vaccine to patients with appropriate medical conditions, usually those who are 60 years of age or older and have healthy immune systems. A single dose of the vaccine offers protection against shingles, which is scientifically named Herpes Zoster. VA researchers and patients from across the country participated in studies which led to the vaccine’s approval by the Food and Drug Administration. The vaccine is available immediately to those who are recommended for the treatment.

Shingles is a miserable painful skin and nerve infection caused by a reactivation of the chickenpox virus. Each year more than 800,000 Americans develop shingles, also known as herpes zoster. About half of those who live to 85 will get the disease that had chickenpox as a child. When a young person recovers from chickenpox the varicella zoster virus continues to remain in clusters of nerve cells next to the spinal cord. The immune system causes the virus to lay dormant for many years but as we age the immune system weakens allowing the virus to reactivate. Factors other than age that can heighten the risk of reactivation are those that compromise the immune system. AIDS, Hodgkin’s disease, intact of drugs that suppress the immune system, and stress can play a role in triggering the disease. Contact with an infected person does not cause another person’s dormant virus to reawaken. However, the virus from a shingles patient may cause chickenpox in someone who has not had the disease before. When the virus reawakens it travels through the nerves to the skin. The first symptoms can be flu-like such as fever, chills, headache, nausea, or upset stomach. Some people experience itchiness, a tingling feeling, or pain in the initial stage. Within a few days, a painful rash develops usually on the chest, back or face. When the rash is at its peak it can be intense and unrelenting. This rash develops into small, fluid filled blisters that begin to dry out and crust over after about a week. For most people the disease will resolve without treatment and after one attack the condition is unlikely to return. If treatment is provided with antiviral drugs within the first couple of days it can reduce the pain and may help prevent a shingles complication known as postherpetic neuralgia. This condition results from damaged nerves and can continue long after the rash heals. While not life threatening, Shingles can develop into chronic pain that may bring with it insomnia, weight loss, depression, and other m!
edical p
roblems. Fortunately, only about 10% of all people with shingles develop post herpetic neuralgia and in most cases the pain is not sever and goes away within a couple of months. If shingles appear on the face it can lead to vision or hearing problems. If the cornea becomes infected the result can cause permanent blindness. [Source: VACO OPIA Early AM Rpt 23 Aug 07 ++]


DOD GENETIC ILLNESS POLICY: While genetic discrimination is banned in most cases throughout the country, it is alive and well in the U.S. military. For more than 20 years, the armed forces have held a policy that specifically denies disability benefits to servicemen and women with congenital or hereditary conditions. The practice would be illegal in almost any other workplace. There is one exception, instituted in 1999, that grants benefits to personnel who have served eight years. "You could be in the military and be a six-pack-a-day smoker, and if you come down with emphysema, 'That's OK. We've got you covered,' " said Kathy Hudson, director of the Genetics and Public Policy Center at Johns Hopkins University.” But if you happen to have a disease where there is an identified genetic contribution, you are screwed." Representatives from the Pentagon declined multiple requests to discuss the policy.

The regulation appears to have stemmed from an effort to protect the armed services from becoming a magnet for people who knew they would come down with costly genetic illnesses, according to Dr. Mark Nunes, who headed the Air Force Genetics Center's DNA diagnostic laboratory at Keesler Air Force Base in Mississippi. A 1999 military analysis estimated that about 250 service members are discharged each year for health problems involving a genetic component. Disability payments for them would amount to $1.7 million the first year and rise each year after that as more veterans join the rolls. Healthcare expenditures would have added to the tab. But the cost for individuals medically discharged can be high. While some eventually receive benefits from Veterans Affairs or private insurers, the policy leaves many scrambling to find treatment for complex medical conditions at the same time they are reestablishing their lives as civilians without having the benefit of Tricare, the military's health insurance. Alex Capron, a professor who studies healthcare law, policy and ethics at USC said, "It seems particularly draconian to say, 'Well, you're out with no benefits,' whereas another person with the same injury gets the coverage simply because we don't know there's a gene in there that's causing this".

The fear of genetic discrimination coincides with early efforts to decode the human genome more than 25 years ago. It took no great insight to realize that a complete inventory of life's building blocks would not only revolutionize the practice of medicine, but also mark individuals whose genes put them at risk for myriad diseases. Congress took action in 1996, banning genetic discrimination in group health plans, and in 2000, President Clinton signed an executive order forbidding the practice against the federal government's nearly 2 million civilian employees. Similar laws against genetic discrimination swept through 31 states. Congress is working to extend the federal law with the Genetic Information Nondiscrimination Act, which would protect people with individual medical policies. The act has passed the House and awaits a vote in the Senate. Even if it becomes law, it will not apply to military personnel. Nunes said military doctors now discourage their patients from getting potentially life-saving genetic tests, undermining their ability to provide care. For many in the military, the best course is to simply refuse all genetic tests, even though they may be needed for an accurate diagnosis, she said. Getting genetic tests through civilian channels is not an option because it would violate the uniform code of military justice. "You could get court-martialed if it were revealed that you had sought medical treatment or testing outside the system," Nunes said.

The Defense Department's original policy did not consider genetics when determining whether a soldier deserved medical retirement, assuming that any disease discovered during service had been incurred in the line of duty. There was little reason to consider genetic mutations, since few were known. But by 1986, as scientists associated more sections of DNA with particular diseases, the military declared that it was not responsible for soldiers with "congenital and hereditary" conditions. According to Barbara Fuller, assistant director for ethics at National Human Genome Research Institute (NHGRI), which is part of the National Institutes of Health, , DoD at the urging of the NHGRI proposed in 1999 that anyone who had served for 180 days be eligible for medical retirement, even if their health problem had a genetic component. But the Office of Management and Budget decided on the longer, 8-year term to conform with other military health and retirement guidelines, according to an OMB official. Nunes said, most soldiers have no idea about the genetic rule, much less have a reason to challenge it. For those who choose to fight, it can be arduous process. [Source: Los Angeles Times Karen Kaplan article 19 Aug 07 ++]


COLA 2008 UPDATE 06: A surprising mid-summer decrease in energy prices drove a downturn in the July Consumer Price Index (CPI), the measure used to determine the annual cost of living adjustments (COLAs) for military retired pay, Social Security, and other federal annuities. On 15 AUG, the Bureau of Labor Statistics announced the July CPI value, indicating that inflation decreased 0.1% from the June figure. That means inflation has risen a cumulative 2.3% for the first 10 months of FY2007. In the past 30 years, the CPI only decreased twice between June and July (in 2001 and 2004). In both of those years, inflation rose only modestly during August and September. That's a small sample size and makes for an iffy projection, but if that experience holds true for the next two months of 2007, we’re likely looking at a 2008 COLA in the range of 2.3% to 2.5%. To track the month-by-month fluctuation in the CPI refer to http://www.moaa.org/controller.asp?page ... areer_cola. [Source: MOAA Leg Up 17 Aug 07 ++]


TRICARE STEP THERAPY REGIME: On 1 AUG 07 the Tricare Pharmacy Program (TMOP) started a step therapy regime for what is called the hypnotic class of medications. Hypnotics are what we would call sleep aids or sleeping pills. The class includes 4 drugs: Ambien, Sonata, Lunesta and Rozerem. If you have been taking any of these drug within the last 180 days this new program will not affect you (you are grandfathered). If this is a brand new prescription the Pharmacist is going to call the prescriber to see if regular Ambien may be substituted (Regular Ambien has gone generic-long term, Ambien CR is still under patent protection). It is a new experiment it its earliest stage. If Tricare saves a good deal of money with this program it is anticipated that they will want to use it with other drug classes. [Source: TEA Washington Update 17 Aug 07 ++]


RETIREMENT TAX CONSIDERATIONS UPDATE 01:
Social Security. Under federal law, taxpayers may be required to include a portion of their Social Security benefits in their taxable adjusted gross income (AGI). Most states begin the calculation of state personal income tax liability with federal AGI, or federal taxable income. In those states, the portion of Social Security benefits subject to personal income tax is subject to state personal income tax unless state law allows taxpayers to subtract the federally taxed portion of their benefits from their federal AGI in the computation of their state AGI. Many states exclude Social Security retirement benefits from state income taxes. The District of Columbia and 26 states with income taxes provide a full exclusion for Social Security benefits -- Alabama, Arizona, Arkansas, California, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, and Virginia. The remaining 15 states with broad-based income taxes tax Social Security to some extent:
- Kansas, Minnesota, Missouri, Nebraska, North Dakota, Rhode Island, Vermont, and West Virginia tax Social Security income to the extent it is taxed by the federal government.
- Connecticut, Iowa, Montana and Wisconsin tax Social Security income above an income floor. Iowa will gradually phase out its Social Security tax levy from 2008 through 2014. Wisconsin will fully exclude Social Security beginning in tax year 2008.
- Colorado, New Mexico and Utah require that federally untaxed Social Security benefits be added back to federal AGI to calculate the base against which their broad age-determined income exclusions apply.

Pensions. States are prohibited from taxing benefits of U.S. military retirees if they exempt the pensions of state and local government retirees. Most states that impose an income tax exempt at least part of pension income from taxable income. Different types of pension income (private, military, federal civil service, and state or local government) are often treated differently for tax purposes. States are generally free from federal control in deciding how to tax pensions, but some limits apply. State tax policy cannot discriminate against federal civil service pensions.
- Ten states exclude all federal, state and local pension income from taxation. These include Alabama, Hawaii, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, New York and Pennsylvania. Among these 10 states, only Kansas taxes any Social Security income, but only to the extent it is subject to federal taxation. These 10 states differ on the taxation of retirement income from private-sector sources.
- Kansas and Massachusetts do not exclude any private-sector retirement income, but most of the others allow a fairly broad exclusion. Pennsylvania allows a full exclusion. Alabama excludes income from defined benefit plans. Hawaii excludes income from contributory plans. Illinois and Mississippi exclude income from qualified retirement plans. Louisiana, Michigan and New York cap the private-sector exclusion at $6,000, $34,920 and $20,000, respectively.
- Five states (California, Connecticut, Nebraska, Rhode Island, and Vermont) allow no exemptions or tax credits for pension and other retirement income that is counted in federal adjusted gross income. Most in-state government pensions are taxed the same as out-of-state government pensions. However, Arizona, Idaho, Kansas, Louisiana, New York, and Oklahoma provide greater tax relief plans than they do for out-of-state government pension plans. The District of Columbia also provides greater tax relief for DC government pensions than for state government pensions.
- Three states (New Jersey, Massachusetts, and Pennsylvania) do not allow IRA contributions to be deducted from taxable income. Of the three, only Pennsylvania does not tax IRA earnings of taxpayers age 59 ½ years or older, since earnings are treated like pension income, which is tax exempt.

Retired Military Pay: Some states provide special tax benefits to military retirees. Others simply follow the federal tax rules. The states that do not tax retired military pay are: Alabama, Alaska, Florida, Hawaii, Illinois, Kansas, Kentucky*, Louisiana, Massachusetts, Michigan, Mississippi*, Missouri*, Nevada, New Hampshire, New Jersey, New York, North Carolina*, Oregon*, Pennsylvania, South Dakota, Tennessee, Texas, Washington, Wisconsin and Wyoming (*With conditions).
[Source: www.retirementliving.com/RLtaxes.html Jul 07 ++]


REFERRAL BONUS UPDATE 03: Due to lack of funding, the Army National Guard has cancelled enlistment and retention bonuses except for soldiers scheduled to deploy in 2008 or 2009, and it appears likely that its recruiting campaign will end on 31 AUG, unless it can do something about funding. Also running out of money at the end of August will be the Guard Recruiting Assistance Program, which pays soldiers up to $2,000 for each individual they recruit into the Guard. That program has been the source of some 42% of the Guard's recruits. The dearth of funds also leaves in limbo Guard members whose re-enlistment windows expire before Congress provides the funds. Congress will be unable to fix the problem until sometime after it returns from summer recess on 4 SEP. In the interim Army officials have implemented a new bonus for recruits who sign up by the end of this fiscal year. The $20,000 "quick-ship" bonus is for aspiring recruits with no prior military service who enlist for at least two years of active duty and report to basic training within 30 days of enlistment. The program ends 30 SEP 07. [Source: Armed Forces News 17 Aug 07 ++]


TRICARE PRIME NETWORKS: More than 168,000 Tricare Prime enrollees -- those in managed care networks set up more than 40 miles from a military base or a base closure site -- could lose access to those networks and therefore pay higher out-of-pocket costs under new Tricare support contracts to take effect in 2009. Retiree advocates say a proposed change to the next generation of contracts, floated by Tricare in a draft bid proposal, would encourage contractors like Humana, TriWest and Health Net to make more cost-competitive bids by dismantling provider networks that are not near military treatment facilities or Base Realignment and Closure (BRAC) sites. Cutting the number of Prime Service Areas, or PSAs, would save the government money, but it would hit thousands of beneficiaries in the wallet. Retirees, their spouses and survivors living more than 40 miles from base would lose access both to Tricare Prime and also to Tricare Extra, the military’s preferred provider option. They would have to shift to Tricare Standard, which for beneficiaries is the most costly of Tricare’s three options. The number of doctors willing to accept Tricare patients also could tighten in areas where PSAs no longer would exist.

Tricare officials declined to comment on the potential effect of the draft Request for Proposal, or RFP, which was released for review by potential bidders and other interested parties a few months ago. Officials said they do not want to influence comments from bidders they receive. An official did emphasize that the RFP is only a draft. But the comment period in fact closed 19 JUL with few filed. A final RFP is expected to be issued soon. The new contracts likely will be awarded next year, take effect in MAR 09 and run for six years. Such contracts are vital to Tricare, the health plan of 9.2 million military beneficiaries. More than half of all beneficiaries, roughly 5 million, are enrollees in Prime, the managed care option. Service members get care at no charge. Other Prime enrollees pay an annual fee of $230 for individual or $460 for family coverage and modest co-payments for doctor visits, lab tests and hospital care. Beneficiaries who prefer to chose their own doctors, or who cannot access Prime where they live, use Tricare Standard instead, the fee-for-service plan. Standard users pay an annual deductible of up to $150 for individuals or $300 for families, plus a hefty share of all medical bills -- 20 or 25% of “allowed charges” depending on patient category. Standard users can be stuck with additional costs if doctors will not accept Tricare allowable rates. But total medical costs per family cannot exceed a $3000 a year catastrophic cap. A third option is Tricare Extra, also for patients not enrolled in Prime. Extra provides a five percent discount on co-payments set under Standard because beneficiaries agree to use a Prime network provider.

Because the military only has hospitals, clinics and staff to treat a fraction of its beneficiary population, it partners with large private-sector healthcare companies to run robust networks of healthcare providers. Support contracts for Prime alone cost DoD an estimated $6 billion a year. When existing contracts were let, companies were allowed to add millions of dollars to their offers by promising to establish PSAs for beneficiaries living far from any base. Contractors were rewarded, or at least not punished, for such initiatives. Even if they could not claim to be the lowest bidder, they could still win the contract by claiming best value. The draft RFP for the next generation of contracts says specifically that bids will be judged on providing Prime networks only for government mandated PSAs (i.e. those near military treatment facilities and BRAC sites). Any additional PSAs will be evaluated as neutral which means a contractor will not help their competitiveness in this round of bidding by promising to extend the number of PSAs beyond base catchment areas. Figures requested by Tricare officials from current contractors indicate the number of beneficiaries enrolled in PSAs that are more than 40 miles from bases or BRAC were: South region 90,281, North region 59,049, and West region 18,738 enrollees. Thus 168,000 current enrollees will be forced to revert to Tricare Standard or Tricare Extra and pay more out of pocket expense under the next generation of contracts. Tricare Prime Remote coverage would be unaffected by the new contracts. Veterans living outside the 40 mile radius of a PSA are encouraged to let their representatives know how they feel about DoD’s plans. [Source: Military.com Tom Philpott article 16 Aug 07 ++]


AF JROTC NEEDS RETIREES UPDATE 01: The JROTC program has been in operation since 1966, when it opened at 20 schools. Today, 48 states and DoD schools in nine foreign countries are involved in the program. Only Idaho and Montana do not participate because of the small size of the high schools in those states. More than 1,900 Junior ROTC instructors, who teach at 869 school units worldwide, recently finished their initial instructor training at Maxwell AFB Alabama. Jo Alice Talley, chief of JROTC instructor management at Air Force Officer Accession and Training Schools (AFOATS), said the newly hired instructors learned about unit management and teaching skills and procedures. Greg Winn, deputy director of Air Force JROTC (AFJROTC), said the two weeks of instruction also are provided to change the instructor’s mindset from military to a high school environment. “An instructor’s job requires a completely different focus,” he said. “That’s why many of the speakers we have for the initial training have doctorates in education. This helps with the mental transformation.” Mr. Winn said the mission of JROTC is not recruiting, but to build “citizens of character” for the community. He said the feedback from teachers, parents and students indicates it is, “a great program that truly makes a difference in the lives of the 105,416 cadets currently enrolled in JROTC.”
For those interested in becoming an instructor now or further down the road, Ms. Talley said instructors must be retired military from any Air Force specialty with at least 20 years of active duty and have good morale character. “We accept retired technical sergeants to chief master sergeants on the enlisted side, and captains through colonels on the officer side,” she said. “Officers have to have a bachelor’s degree, and enlisted members have to complete an associate’s degree within five years of being hired for JROTC duty.”
Ms. Talley said the fact that Airmen can come from any specialty is important because it allows anyone who is qualified to join JROTC. Among others, she has retired chaplains, dentists and astronauts working as JROTC instructors. She said AFOATS does not have a budget for recruiting instructors, so she uses any and all military publications when possible, and the instructors themselves are great at passing the word to friends and former colleagues about the benefits of being an instructor. She is always looking for female and minority members to be instructors because these are the two fastest growing groups of JROTC cadets. Minorities currently comprise 53% of JROTC students, and females comprise 43% of the cadets, but only 5% percent of the instructors are female.

All instructors actually work for the school system in the areas where they teach, and a member’s retirement pay is supplemented by the local school board or district. With the retirement pay, the amount an instructor is paid is the same sum the member would receive if on active duty. Ms. Talley said the rule of thumb is that a person has to join the JROTC ranks within five years of retirement, but waivers can be arranged for up to 10 years after retirement. Air National Guard and Reserve members can now participate in the program. Before a change in the law governing JROTC occurred last October, it was impossible to figure a base salary because Guard and Reserve members were not eligible for retirement pay until they were 60 years old. There is no age limit regarding JROTC instructors. The program maintains a “fill rate” of between 96 and 9% for instructor positions, but that still leaves 50 to 60 vacancies for both retired enlisted members and retired officers. Anyone interested in becoming involved in JROTC should call Ms. Talley at (866) 235-7682, Ext. 7742, or e-mail her at junior.rotc@maxwell.af.mil. The AFOATS Web site http://www.afoats.af.mil has a link to access the AFJROTC page. There is also a video on the Web, done by Air University Television that tells the JROTC story. [Source: Air University Public Affairs Carl Bergquist article 15 Aug 07 ++]


PRESIDENTIAL DOLLAR COINS: Most folks can correctly name George Washington as the nation’s first president. After that, things get tricky. The U.S. Mint is hoping its new dollar coin series will help refresh some hazy memories about the names of Adams, Jefferson and the rest. That could be a tall order, however, given the results of a poll the Mint commissioned to find out just how much Americans know about their presidents. According to the telephone poll conducted by the Gallup Organization last month, nearly all those questioned knew that Washington was the first president. However, only 30% could name Thomas Jefferson as the nation’s third president, and memories of the other presidents and where they ranked was even more limited. Only 7% could name the first four presidents — Washington, Adams, Jefferson and Madison — in the correct order. While 94% knew Washington was first, only 8% knew James Madison was fourth. And when it came to the next four presidents — James Monroe, John Quincy Adams, Andrew Jackson and Martin Van Buren — only 16% of those surveyed could name any president in that group and only 2% could name them all. Mint Director Edmund Moy believes the new dollar coin series will be an antidote for that. And he can cite a good precedent. The Mint’s 50-state quarter program, the most popular coin series in history, has gotten an estimated 147 million people involved in collecting the quarters that are honoring the states in the order they were admitted to the Union.

The new Jefferson dollar coin entered circulation 16 AUG when people could purchase them at banks and on the Mint’s Web site. The Jefferson dollar follows the Washington coin, which was introduced in February, and the John Adams coin, introduced in May. The coin honoring James Madison will enter circulation NOV 07, and four more of the nation’s presidents will be honored every year in the order they served in the White House. By having a rotating design on the new dollar coins, the Mint is hoping to keep interest high and avoid the famous flops of two previous dollar coins — the Susan B. Anthony, introduced in 1979, and the Sacagawea, introduced in 2000. The presidential coins are the same size as the Sacagawea, slightly larger than a quarter, and also golden in color. Skeptics, however, believe they will suffer the same fate as the Sacagawea unless the government gets rid of the $1 bill, something Congress has strongly opposed. Moy insisted in an interview that the Mint has learned from the failures of the past dollar coins and that the new presidential series has a good chance for success, in part by finding niche markets such as vending machines, where a dollar coin will be more convenient than getting a pocketful of quarters in chang. “ Vending machine companies are spending up to $1 billion a year in maintenance costs due to paper jams,” he said. “More use of dollar coins will mean less in maintenance costs.” To bolster the coin program’s educational aspect, the Mint has developed special lesson plans on its Web site http://www.usmint.gov for use by parents and teachers. The survey to determine people’s knowledge of the presidents was based on telephone interviews with 1,000 adults conducted 18-25 JUL. It has a sampling error of plus or minus 4 percentage points. [Source: AP Martin Crutsinger article 15 Aug 07 ++]


MERCHANT MARINE WWII COMPENSATION: On 20 JUL 07 the House passed the “Belated Thank You to the Merchant Mariners of World War II Act of 2007”. The bill now goes to the Senate for consideration and if passed by them as is would establish a fund to pay eligible Merchant Marine veterans through fiscal year 2012 a $1000 monthly pension. Eligible individuals would be those who Before 1 OCT 09, submits to the Secretary of the Veterans’ Affairs department an application containing such information and assurances as the Secretary may require; Has not received benefits under the Servicemen's Readjustment Act of 1944 (Public Law 78-346); and has engaged in qualified service. A person is considered to have met the qualified services requirement if, between 7 DEC 41, and 31 DEC 46, the person was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was:
- Engaged in qualified service.
- Operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);
- Operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;
- Under contract or charter to, or property of, the Government of the United States; and
- Serving the Armed Forces and while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.

There is concern among some veterans’ organizations that passage of this legislation would create disproportionality of the proposed benefits for merchant mariners, however honorable and meritorious their wartime service, compared to compensation afforded to and continuing inequities imposed on long-serving military veterans whose service caused them to suffer disability and death. For example:
- A World War II military veteran who served 20 years and retired in 1955 at the grade of E-5 is entitled to a military retired pay check of only $900 in today’s dollars.
- The Defense Department today pays a “Forgotten Widows” annuity of only $212 per month to widows of World War II veterans who served a full military career and died before 1974 (when the military Survivor Benefit Plan took full effect).
- A military veteran with a 60% service-connected disability receives only $901 per month in VA disability compensation.
- The House of Representatives, in the FY2008 Defense Authorization Bill, acknowledged the inequity of current law that deducts more than $1,000 a month from SBP payments to 61,000 survivors of members who died of service-connected causes, but indicated it could afford only a $40 monthly payment to such widows as a first step toward reversing that penalty.

Many believe the much greater inequities affecting multiple categories of US military veterans and survivors merit a significantly higher congressional funding priority than this initiative. If these legislation was ultimately approved by congress, the annuity payable for a single month of Merchant Marine service in World War II would significantly exceed those payable to thousands of World War II combat veterans who served far longer and suffered significant combat disabilities, and cast in a comparatively unfavorable light Congress’ far more modest initiatives to ease longstanding compensation inequities for US military widows. This is a very controversial issue with many veterans seeking an equitable balance of benefits among all groups while honoring the service of our WWII merchant Marines. Veterans are encouraged to let their representative know their feelings on this subject. One means to do this is to refer to http://capwiz.com/usdr/issues/alert/?al ... 6&queueid=[capwiz:queue_id] to forward legislators a preformatted letter or one of your own design. [Source: USDR Action Alert 15 Aug 07 ++]


VA CLINIC OPENINGS UPDATE 07: In 2006 Congress froze funding for a new, multimillion-dollar veterans clinic in Cape Coral last year which has delayed the project by one more year. U.S. Sen. Mel Martinez, who visited the Fort Myers VA clinic on 14 AUG, said he wants to ensure the Florida Division of Veterans’ Affairs gets the rest of the money needed to complete the Cape Coral project, estimated at nearly $132 million. Congress authorized $65.1 million for the Cape Coral clinic in 2004 because of an expected increase in the number of veterans seeking treatment in Southwest Florida , but the cost of the project is more than twice the authorized amount: $131.8 million. The project has been in the works as the demand for veterans’ care in Southwest Florida continues to rise and wars in Afghanistan and Iraq rage on. Lee County is home to an estimated 64,000 veterans. The existing 90,000 square feet Fort Myers Veterans Outpatient Clinic saw 28,000 patients in 2006, an increase of nearly 5,000 patients, and has had 89,000 visits since 2000.

Congress has spent $9.9 million to purchase land on Diplomat Parkway and Corbett Road in Cape Coral for the 225,000-square-foot ambulatory/surgery outpatient diagnostic center. It also authorized $6.5 million for planning and design, set for completion before the end of 2007. The new clinic will have expanded pharmacy, prosthetic, laboratory, audiology, dental and optometry services. Patients will be able to have Computed Tomography, or CT, scans completed there instead of having to travel to St. Petersburg or go to another local agency, VA officials have said. The Cape Coral clinic is now set to open in early- to mid-2011, and once that one opens, the Fort Myers clinic will close according to Green said Kaye Green, FDVA’s associate health care system director. [Source: Southwest Florida News-Press Betsy Martinez article 15 Aug 07 ++]


RETIREE SEMINARS 2007: There are several retiree conferences and seminars held each year throughout the country, as well as in a few foreign locations. These seminars provide an opportunity for retirees to hear about current retired and annuitant legislative matters and activities, get questions answered and account changes made, gather information from other participating agencies (such as DVA and Tricare), as well as enjoy camaraderie with fellow retirees and annuitants. The 2007 Retiree Seminar schedule below has been updated as of 1 JUL. Note the number of seminars has grown from 24 to 46, including the additions of NAS Millington TN this month, and NAS San Diego and Army Germany in October. There is a seminar planned for Northeast Ohio in October but the date has not been finalized.

09/07/07 Ft. McCoy, WI ---- POC: 608-388-3716
09/07/07 NAS Kitsap, WA ---- POC: 360-315-3055
09/08/07 NAS Whidbey Island, WA ---- POC: 360-257-8044
9/13 thru 15/07 Ft. Sill, OK ---- POC: 580-4422645
09/15/07 Scott AFB, IL ---- POC: 618-256-5092
09/15/07 NAS Lemoore, CA ---- POC: 559-998-2977
09/15/07 Camp Pendleton, CA ---- POC: 760-725-9789
09/17thru 19/07 Cebu Republic of Philippines ---- POC: DSN 315-724-6195
09/22/07 Nellis AFB, NV---- POC: 702-652-2578
09/28/07 Duluth, MN ---- POC: 218-725-5285
09/29/07 Ft. Campbell, KY ---- POC: 270-798-5280
09/29/07 Twin Cities, MN ---- POC: 763-566-2219
09/29/07 Selfridge ANGB, MI ---- POC: 586-307-5580
10/06/06 Cleveland, OH ---- POC: 216-204-2309
10/08 thru 10/07 AUSA Conv/Ft Detrick, MD ---- POC: 301-619-3381
10/13/07 Ft. Monmouth, NJ ---- POC: 732-532-4673
10/18/07 Ft. Monroe, VA ---- POC: 757-788-2970
10/20/07 NAS Pensacola, FL ---- POC: 850-452-5990 Ext 3111
10/20/07 Heidelberg, Germany ---- POC: 06221-57-3347 or 0049-6221-57-3347 *
10/20/07 NAS Willow Grove, PA
10/20/07 Groton, CT
10/21/07 Offutt AFB, NE
10/25/07 Benelux, Belgium ---- POC: 065-44-4575 or 0032-65-44-4575 *
10/27/07 Grafenwoehr, Germany ---- POC: 09641-83-8539 or 0049-9641-83-8539 *
10/27/07 Rock Island, IL ---- POC: 563-322-4823
10/27/07 Ft. Leavenworth, KS ---- POC: 913-684-2425
10/26 & 27/07 Ft. Rucker, AL ---- POC: 334-255-9125
10/27/07 Ft. Hamilton, NY ---- POC: 718-630-4552
10/27/07 NAS San Diego, CA ---- POC: 619-556-8987
10/27/07 Ft Hood, TX ---- POC: 254-287-5210
11/02 & 03/07 Redstone Arsenal, AL ---- POC: 256-876-2022
11/03/07 Ft. Gordon, GA ---- POC: 706-791-2654
11/03/07 Hampton Roads, VA ---- POC: 757-322-9105

Note: Phone numbers with a star at the end of it identify the number you must call if you are calling from outside of that country.
[Source: DFAS Retired Pay Newsletter Aug 07 ++]

VETERAN LEGISLATION STATUS 30 AUG 07: The House and Senate have both adjourned for the August recess and will not return till 4 SEP. For a listing of Congressional bills of interest to the veteran community that have been introduced in the 110th Congress refer to the Bulletin attachment. By clicking on the bill number indicated you can access the actual legislative language of the bill and see if your representative has signed on as a cosponsor. Support of these bills through cosponsorship by other legislators is critical if they are ever going to move through the legislative process for a floor vote to become law. A good indication on that likelihood is the number of cosponsors who have signed onto the bill. A cosponsor is a member of Congress who has joined one or more other members in his/her chamber (i.e. House or Senate) to sponsor a bill or amendment. The member who introduces the bill is considered the sponsor. Members subsequently signing on are called cosponsors. Any number of members may cosponsor a bill in the House or Senate. At http://thomas.loc.gov you can also review a copy of each bill, determine its current status, the committee it has been assigned to, and if your legislator is a sponsor or cosponsor of it. To determine what bills, amendments your representative has sponsored, cosponsored, or dropped sponsorship on refer to http://thomas.loc.gov/bss/d110/sponlst.html. The key to increasing cosponsorship on veteran related bills is letting our representatives know of veteran’s feelings on issues. At the end of some listed bills is a web link that can be used to do that. Otherwise, you can locate on http://thomas.loc.gov who your representative is and his/her phone number, mailing address, or email/website to communicate with a message or letter of your own making. [Source: RAO Bulletin Attachment 30 Aug 07 ++]


Lt. James "EMO" Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA Baguio City RP
PSC 517 Box RCB, FPO AP 96517
Tel: U.S. (760) 839-9003 & RP Cell: 0915-361-3503
Email: raoemo@sbcglobal.net Web: http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member

[boardman]

RAO Bulletin Update 1 October 2007


THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

VA Secretary [02] -------------------- (Mansfield Takes Over)
NDAA 2008 [08] -------------------- (Senate Action)
Defense Health Agency ------------ (Proposed New Agency)
Virginia Vet Homes -------------------- (2nd Home Opens)
VA Budget 2008 [07] --------------- (Another Senate Delay)
Tricare Employer Health Plans --------- ( 1 JAN Stop Date)
POW VA Benefits [04] -------------- (25,000 Vets Eligible)
VA Home Loan [08] -------------------- (New Policy)
GI Bill Rate Increase [01] -------------------- (2008 Rates)
Kansas Vet Cemetery ------------------ (Riley out of Space)
VA Retro Pay Project [09] --------- (Closing Payment Gap)
TRDP [05] -------------------- (Overseas Availability)
Iowa Veterans Home [01] ------------ (State fines $10,000)
Mojave Desert Vet Memorial ---- (Court Allows Removal)
VA Claim Backlog [11] --------------- (VA Distorts Report)
Lifetime Tricare Coverage ----- (Unfit for Duty Discharges)
Montana Vet Cemetery [01] ------------- ($4 Million Grant)
VA Data Breach [37] ------------------- (Risk Still Remains)
South Dakota Veterans Bonus [02] ---- ($500 to Eligibles)
COLA 2008 [07] -------------------- (2.0% to 2.3% realm)
Military ID Cards (Retiree) [01] --- (Obtainment Change)
VA Headstones & Markers [01] --- (VA Regs Amendment)
Passport Obtainment [02] ----- (Temporary WHTI Expires)
Retirement Tax Considerations [02] ------ (Property Taxes)
110th Congress U.S. House ------------------ (Contact info)
Veteran Legislation Status 30 SEP 07 ---- (Where We Stand)


Editor’s Note: The downgrading of my new HP Pavillion dv2000 computer from its installed VISTA operating program to XP has allowed the 3 years of missing work files to be restored from my external hard drive. However, this has caused a number of other problems which the dealer is still trying to rectify. Fortunately, I am now in the position of being able to resume publishing the Bulletin. This one is somewhat abbreviated as I have only had a few days to work on it. Readers should be aware if they have to buy a new computer most likely its operating program will be VISTA which is extremely user unfriendly. Also, I found it to be a much slower operating system than XP to the point that I would not have been able to continue publishing a twice monthly Bulletin.. In response to my 15 SEP notice I received over 500 emails from frustrated subscribers who have been exposed to this program. Only 5 of these messages had anything good to say about it. The remainder described numerous horror stories of lost file, excessive expense in trying to unsuccessfully get the bugs out, returning computers to dealers out of frustration, and an overall degradation of user’s ability to perform the same operations they had formerly done with their older


VA SECRETARY UPDATE 02: Deputy Secretary of Veterans Affairs Gordon H. Mansfield becomes the Acting Secretary of Veterans Affairs following the resignation of Secretary Jim Nicholson. Secretary Nicholson tendered his resignation to President Bush on 17 JUL 07, to be effective no later than 1 OCT 07. Mansfield assumes the role on 1 OCT under the terms of the Federal Vacancies Reform Act, where a Deputy Secretary begins to serve as the acting officer immediately and automatically upon the occurrence of the vacancy. Mansfield will serve as Acting Secretary until the next nominee of the President is confirmed by the United States Senate. Appointed by President Bush in NOV 03, Deputy Secretary Mansfield served as the chief operating officer for the federal government's second largest department, responsible for a nationwide system of health care services, benefits programs and national cemeteries for America's veterans and their dependents. He previously served as VA Assistant Secretary for Congressional and Legislative Affairs since 1 AUG 01, serving as the legislative advisor to the Secretary of Veterans Affairs. He was responsible for VA's Congressional relations and representing VA programs, policies, investigations and legislative agenda to Congress.

Prior to joining VA, Mr. Mansfield served as executive director of the Paralyzed Veterans of America (PVA) since APR 93. In that position, the highly decorated Vietnam veteran oversaw daily operation of PVA's national office in Washington, D.C. Mr. Mansfield held a number of positions at PVA from 1981 to 1989, and served as the organization's first associate executive director of Government Relations. Mr. Mansfield served as Assistant Secretary for Fair Housing and Equal Opportunity at the Department of Housing and Urban Development from 1989 to 1993 under President George H. W. Bush's Administration. Prior to 1981, he practiced law in Ocala, Fla. Mr. Mansfield received his undergraduate degree from Villanova University and law degree from the University of Miami. Following his 1964 enlistment in the Army, Mr. Mansfield served two tours of duty in Vietnam. While serving as company commander with the 101st Airborne Division during his second tour, he was wounded during the Tet Offensive of 1968 sustaining a spinal cord injury. For his actions while his unit was under fire, he was decorated with the Distinguished Service Cross, the second highest personal decoration for valor in combat. He was medically retired by the U.S. Army at the grade of Captain. His other combat decorations include the Bronze Star, two Purple Hearts, the Combat Infantryman's Badge and the Presidential Unit Citation. Mr. Mansfield is a recipient of the Presidential Distinguished Service Award and the Villanova University Alumni Human Relations Medal. He was inducted into the U.S. Army Officer Candidate School Hall of Fame in 1997. [Source: VA News Release 28 Sep 07 ++]


NDAA 2008 UPDATE 08: The Senate, having finally taken up consideration of its version of the National Defense Authorization Act (S. 1547) announced some significant initial action. That information had to do with favorable outcomes in Senate consideration of several hundred amendments proposed for S.1547 already passed in the House as H.R.1585).

• Sen. Reid's amendment that would provide full, immediate concurrent receipt to disabled retirees deemed "unemployable" by the VA retroactive to 1 JAN 05.
• Sen. Nelson's amendment that would accelerate 30-year paid-up Survivor Benefit Plan (SBP) coverage to 1 OCT 07 and bar deduction of VA survivor benefits from SBP annuities (the SBP-DIC fix).
• Sen. Lautenberg's and Sen. Hagel's amendment that would bar any increases in TRICARE fees for FY2008 and articulate the sense of Congress that military health care is a crucial offset to the adverse conditions of service and that military people pay substantial premiums up-front in extended service and sacrifice over and above any cash fees.
• Sen. Chambliss's amendment that would reduce the Reserve retirement age by three months for each 90 days served on active duty since 9/11/01.
• Sen. McCain's amendment that would increase the maximum annual points creditable for Reserve component retirement to 130 points (vs. 90) for 2007 and subsequent years.
• Sen. Coleman's amendment that would authorize paying increased reimbursements for mental health care if required to meet needs, and requiring a Pentagon report on military beneficiaries' adequacy of access to mental health services.
• Sen. Lincoln's amendment that would authorize Guard or reserve members to use their mobilization GI Bill benefits up to 10 years after separating from the selected reserve.

There were some big differences between the basic Authorization bills passed by the House and considered by the Senate. For example, the Lautenberg/Hagel amendment now matches the House position on Tricare Prime or Standard copay increases but it’s not clear that the Senate position on Tricare payment for certain Rx’s (requiring drug companies to provide discounts to the Tricare retail system –which we liked-- ) will override the House’s position (barring Tricare payment for specific drugs if the manufacturer refuses to apply the Federal discount to the Tricare retail system – not good for beneficiaries). It does not appear there will be any further effort this year to grant Concurrent Receipt across the Board. More important, the Senate has not, so far, acted to stop the 9.9% cut in Medicare –and therefore Tricare—payments to providers that is now scheduled to take effect in 1 JAN 08. The House had passed such a provision but made it a part of the update of the Children's Health and Medicare Protection Act. The Senate did not include the Medicare/Tricare provision in its version of the Act. [Source: PMOAANET Legislative & Retiree Affairs Advisory 16-07++]


DEFENSE HEALTH AGENCY: A DoD plan to put the Army in charge of all military medical training and research could be pulled soon, in favor of establishing a Defense Health Agency (DHA) to handle those responsibilities and more, senior officials told the DoD Task Force on the Future of Military Health Care. The DHA would assume oversight of all medical training and research, as well as management of Tricare and responsibility for some shared medical activities across the services. The Tricare Management Activity would form the foundation of the new agency, with additional staff drawn from service medical departments. But the Army, Navy and Air Force would continue to run separate medical departments and retain control of their medical personnel and most sites. The DHA concept is seen as only an incremental step toward the dramatic streamlining and greater efficiencies projected from creating a unified medical command. The DHA has been endorsed by senior medical leaders and awaits final approval of Deputy Defense Secretary Gordon England. Unveiling of the DHA concept surprised several task force members. That's partly because they had just listened to presentations by think-tank economists on the merits, potential cost savings and challenges for the department of creating a unified medical command. The Army, Navy and Joint Staff had backed a unified medical command, saying it would make medical care more effective and save several hundred million dollars a year. The Air Force opposed the idea, citing a clash of cultures that could weaken medical support of operational missions. [Source: Newport News VA Daily Press Tom Philpott article 10 Sep 07 ++]


VIRGINIA VET HOMES: The Virginia Department of Veterans Services dedicated the Sitter-Barfoot Veterans Care Center (SBVCC) located on the campus of the McQuire VA Medical Center in Richmond on 25 SEP. This single-level facility features 160 single-occupancy rooms in three nursing units: two 60-bed skilled nursing care units and one 40-bed secure Alzheimer’s dementia unit with enclosed courtyards. The design of SBVCC reflects the latest in health care facility design and research. All rooms are single occupancy to limit the spread of infectious disease and assure residents a level of privacy. Each room has a floor-to-ceiling window, private bath and walk-in shower. The Alzheimer's unit features a wander garden and interconnected hallways allowing residents to move around freely in a safe and secure environment. The facility will provide physical, occupational, and speech therapy, as well as therapeutic recreation, social and spiritual activities, and other amenities such as onsite pharmacy, a fully equipped barber and beauty shop, activity and games rooms, and resident lounges in each nursing unit, courtyard and an outdoor walking trail. Veterans may be admitted as long-term residents, or may also be admitted on a short-term basis for rehabilitation as the transition from hospital care to home. For additional information about SBVCC, contact Robin Davis, Director of Admissions and Marketing, (804) 840-7573, or robin.davis@dvs.virginia.gov


Virginia’s other home is the Virginia Veterans Care Center (VVCC) which has 240 beds in the facility to provide comprehensive, high quality care with on-site laboratory work, x-rays, dental clinic, physical therapy, respiratory therapy, podiatry care, and many other ancillary health care services. The Salem VA Medical Center is located next door for additional services for those qualified. If you have any questions or would like an information packet sent to you, contact the Admissions Director, Patti Smith at (540) 982-2860 ext. 4052 or by email at Patti.Smith@dvs.virginia.gov. To be eligible for admission, a veteran must have an honorable discharge and must be a Virginia resident at the time of admission. Veterans may also qualify if they were a Virginia resident at the time they entered the military or if Virginia is listed as their official home of record on their military records. [Source: Lynchburg News & Advance article 25 Sep 07 ++]


VA BUDGET 2008 UPDATE 07: As they have for the better part of a decade, Congress has failed to pass an on-time budget for VA. The government's new fiscal year begins on 1 OCT, and instead of pressing forward on the VA Appropriations bill, each chamber has passed a stopgap funding measure while will fund VA and the rest of the government through 16 NOV. This means that, in the short term, VA will be funded on last year's level – a level that does not account for the growing numbers of veterans
seeking care. The stopgap budget they have approved is roughly $6.7 billion less than what Congress itself has decided what VA needs, and will hamper VA's efforts to recruit and retain the highest quality doctors,
nurses and health care professionals. It will also delay VA's ability to hire and train disability compensation claims processors, impairing VA's ability to manage the ever-growing backlog. The differences between the House and Senate versions are negligible, and the bipartisan support for the bill would ensure its success if it had come up for a vote. Congressional leaders, however, decided to use the broad support for it to attach less politically popular provisions, turning it into a large omnibus bill and delaying its passage.
Veteran organizations are calling on Congress to end the political games and do what is right for this nation's veterans, especially those wounded in Iraq and Afghanistan. This nation's 24 million veterans are looking to them to do the right thing. [Source: VFW Washington Weekly 28 Sep 07 ++]


TRICARE EMPLOYER HEALTH PLANS: Many military retirees who work for defense contractors, airlines, and certain state governments are getting letters from their employers that their health coverage options will change as of 1 JAN. In many cases, it's a notice that the employer will no longer be able to offer a Tricare supplement as one of its health plan options. That's because a provision in last year's Defense Authorization Act (FY2007) bars civilian employers from offering their employees incentives to use Tricare rather than the company's normal health plan. It specifically bars offering employees a Tricare supplement. Congress has no problem with retirees choosing Tricare on their own initiative, since they earned the right to the Tricare benefit through their service. But DoD and Congress developed extensive evidence that many employers - including several state governments - have been consciously working to shift their health care costs to Tricare, sending letters to Tricare-eligible employees urging them to use Tricare rather than the employer's plan. And tens of thousands of Tricare-eligibles across the country have taken up those offers in recent years. This was part of the reason that DoD proposed raising fees for Tricare enrollees by up to $1,000 a year - to help stem the tide of people opting out of employer-based plans. So far, Congress has agreed that imposing steep Tricare fee hikes isn't the appropriate reaction. But the Armed Services Committees took a dim view of employers who seek to cut their costs at Tricare's expense, and changed the law to try to discourage that behavior.

Initially, the law was interpreted as barring any reimbursement that could be used to cover Tricare expenses. That strict interpretation would have barred Tricare-eligibles from participating in company-sponsored cafeteria plans (under which employees can receive a specified amount of cash that can be used to purchase coverage) or plans that pay a flat monthly amount to any employee who elects to use alternative coverage, whether it's Tricare or a spouse's employer plan. At MOAA's urging, the Committees included language indicating that these kinds of initiatives should not be barred because they are not specifically aimed at Tricare. But it's hard to argue that a Tricare supplement isn't Tricare-specific.
So what can Tricare-eligibles do if they get a letter notifying them that their employer is terminating a company-offered Tricare supplement?
• The first option is to ask the employer to offer a flat-rate payment in lieu of the supplement. If the company was willing to pay the cost of a supplement, one would think they'd be willing to pay up to the cash equivalent. But to be allowed under the new law, the payment needs to be non-Tricare-specific. That is, it should be the same amount for an employee who chooses Tricare as it is for an employee who chooses coverage under a spouse's employer plan. Many employers already offer such cash payment plans; it's just a matter of including Tricare-eligibles in them.
• Another alternative is to enroll in Tricare Prime, if Prime is available in your area.
[Source: MOAA Leg Up 28 Sep 07 ++]


POW VA BENEFITS UPDATE 04: The Department of Veterans Affairs is searching for prisoners of war who may not be getting the benefits they deserve. VA officials estimate that about 25,000 former prisoners of war are still alive today, about 600 from the Vietnam War, 2,100 from the Korean War and the rest from World War II. VA officials believe only about one-third are receiving any VA benefits or health care. VA officials are trying to contact veterans who are not receiving any benefits or health care but who might be eligible. They are also trying to locate the surviving spouses and children of former POWs who might be unaware of the help VA could provide. VA officials said they have the most difficulty tracking down former POWs from World War II because the military used service numbers, not Social Security numbers, for identification. Tracking down a veteran by service number is extremely difficult if they have not had any contact with the VA in years, officials said. In a statement, Veterans Affairs Secretary James Nicholson said meeting the needs of former POWs is “one of VA’s highest priorities.”
“They are extraordinary men and women who have endured captivity, suffered extreme deprivation and sacrificed their own freedom to preserve the freedom of all Americans,” said Nicholson, himself a Vietnam veteran. Some former POWs may be unaware that available help has expanded over the years. For example, VA provides disability pay for former POWs who suffer strokes or some common heart diseases.

To try to contact former POWs, VA officials have been reaching out to veterans’ groups and civic organizations in search of leads. They are also encouraging people who know of former POWs to ask them to contact a VA toll-free number to learn about help that may be available. The number is (800) 827-1000.
A similar effort several years ago resulted in about 1,000 former POWs or their survivors qualifying for VA assistance or increasing their existing benefits, VA officials said. Every VA regional office also has a POW coordinator to help former POWs and their families receive benefits and health care. There are seven medical conditions for which a former POW can automatically receive disability benefits: psychosis; depressive neurosis; post-traumatic osteoarthritis; anxiety; cold-related injuries; strokes or stroke complications; and heart disease and related heart complications. Veterans who were held as POWs for 30 days or longer may be eligible for benefits if they have other conditions. These include: avitaminosis, chronic dysentery, helminthiasis, malnutrition, peptic ulcers, beriberi, cirrhosis of the liver, irritable bowel syndrome, nutritional deficiencies and peripheral neuropathy. In each case, the presence of one of the medical conditions in a former POW will be presumed to have resulted from their military service — qualifying them for disability benefits — unless there is evidence of another cause. Details on benefits and health care for former POWs and their families are available at http://www.vba.va.gov/bln/21/Benefits/POW/index.htm [Source: AF times Rick Maze article 27 Sep 07 ++]


VA HOME LOAN UPDATE 08: In a 30 AUG press release the Government National Mortgage Association (Ginnie Mae) announced that it has eliminated the $417,000 home loan limit on Department of Veterans Affairs (VA) mortgage loans that can be used as collateral for Ginnie Mae securities. "We expect this change will expand the availability of low-cost financing and increase homeownership opportunities for America's veterans, particularly in high-cost areas, by encouraging lenders to make more VA loans," said Michael J. Frenz, Executive Vice President of Ginnie Mae. Frenz was referring to home loan realities like that in California. Although 10% of the nation's veterans live in California, less than one percent of the VA loans in the Ginnie Mae securities portfolio issued during the last two years were to California veterans because loan limits were below most house prices in the state. This policy change is designed to make it easier for lenders to help veterans and servicemembers use their VA Home Loan benefit to purchase homes valued at more than $417,000. However the Department of Veterans’ Affairs is careful to point out that Ginnie Mae’s new policy does not change the current VA Home Loan Guaranty program rules and loan limits. The most attractive feature of the VA Home Loan Guaranty program is that it eliminates the need for eligible veterans and servicemembers to provide cash down payments for homes valued at $417,000, or less, by guarantying 25% of a home’s purchase price. The new Ginnie Mae policy will require borrowers to use the VA Home Loan Guaranty in combination with a cash down payment to guaranty the loan for homes exceeding the VA limit. This means that veterans and servicemembers who wish to purchase homes priced higher than the VA limit, will be required to provide an additional cash down payment to ensure the loan is guarantied for at least 25% of the of the purchase price. For example, a veteran wishing to purchase a home valued at $600,000 will need to provide a cash down payment of $45,750 – 25% of the difference between the $417,000 VA loan limit and the actual purchase price of $600,000. [Source: Military.com Terry Howell article 14 Sep 07 ++]


GI BILL RATE INCREASE UPDATE 01: Each year in October the GI Bill payment rates increase to meet the growing cost of education. The rate increase effects all GI Bill benefit programs including Active Duty GI Bill Chapter 30, Reserve GI Bill chapters 1606 and 1607, the GI Bill OJT and Apprenticeship program and the Survivors and Dependents Education Assistance (DEA) program. Although the past years have seen larger increases in the payment rates, this year's modest rate increase has pushed the full-time payment rate effective 1 OCT 07 to $1,101 a month. Thus, the GI Bill will be worth $39,636 - a total increase of nearly $1,000 over last year's rate. This total is based on the new monthly full-time student payment rate multiplied by the 36-month limit. For all rates refer to http://www.gibill.va.gov/GI_Bill_Info/r ... 100107.htm. [Source: Military.com Veterans Report 17Sep 07 ++]


KANSAS VET CEMETERY: The Fort Riley cemetery has officially run out of space and Kansas lawmakers are urging the Veterans Affairs Department not to delay funds for a new cemetery. Sens. Sam Brownback and Pat Roberts, both Republicans, asked VA officials 20 SEP to make money available for the new veterans cemetery before the end of the year. The senators said the timeline for finding money to build the new cemetery already had been pushed back. VA spokeswoman Jo Schuda said the agency’s National Cemetery Administration plans to pay for the new cemetery during the next fiscal year, which begins 1 OCT 07, but could not provide more specifics. There is no room to expand the existing cemetery, which is flanked on two sides by roads, with housing and other buildings nearby. Twenty-two burial plots that were reserved before 1975 will be honored, said Fort Riley spokeswoman Alison Kohler. The last two unreserved plots at Fort Riley’s cemetery were taken in late SEP. The military base has lost 133 soldiers and airmen in the wars in Iraq and Afghanistan since 2003, though not all are buried in the Fort Riley cemetery. About 5,000 veterans and family members have been interred at the cemetery since it opened in the 1850s. Fort Riley already has transferred 90 acres of land to the state for a new cemetery that will be about 10 miles from the old site. Under a 1950 federal law, veterans cemeteries that fill up are replaced with new cemeteries built by VA and then operated by states. Once federal money becomes available, it will take about a year before the new cemetery could open for burials, Kohler said. Meanwhile, eligible veterans can be buried at a different national veterans cemetery such as Fort Leavenworth or at one of three other state veterans cemeteries in Kansas. Kohler said she has heard of people “who are holding urns waiting for the new cemetery to open.” [Source: AP Sam Hananel article 21 Sep 07 ++]


VA RETRO PAY PROJECT UPDATE 09: Almost 75,000 military retirees with disabilities who were underpaid for months or even years after becoming eligible for one of two concurrent receipt programs have received their retroactive payments, officials in charge of the retro pay program say. Approximately 33,000 pay files still need to be reviewed from a pool of 133,000 potential recipients, said Thomas J. Pamperin, deputy director of the compensation and pension service for the Department of Veterans Affairs. That review is expected to be completed by mid-November, according to the Defense Finance and Account Service. The catch-up payments, necessary because of difficulties implementing the Combat-Related Special Compensation and Concurrent Retirement and Disability Pay programs, so far total close to $150 million. The average size of payments made by VA has climbed to $2,100, up from an average of $1,500 paid to the first 30,000 or so retro pay recipients last fall. When all files have been reviewed, DFAS will turn its attention to a new pool of underpaid retirees. That second group of 12,000 to 16,000 retirees became eligible for CRSC or CRDP between the time the retro pay program began last summer and April of this year, when DFAS finally had computer programs in place to make accurate and timely concurrent receipt payments as retirees become eligible. “This has proved to be an incredibly complex process for all involved” said Pamperin, who leads a team of VA officials that has worked closely with DFAS on the retro pay program for two years.

Until CRSC began on 1 JUN 03, and CRDP on 1 JAN 04, all military retirees with service-related disabilities had to accept a dollar-for-dollar reduction in taxable retired pay when they began to receive tax-free VA compensation for their service-related injury or illness. Congress enacted CRSC to allow concurrent receipt for combat-related disabilities. It approved CRDP, under a phased schedule, to benefit retirees with service-related disabilities rated at least 50% disabling. Most of the underpayments being corrected occurred when retirees eligible for CRDP or CRSC saw their VA disability rating raised. A higher rating means more VA compensation, and that higher amount is payable back to the date the retiree applied for reconsideration of his or her disability award. Pay records of about half of all retirees drawing CRDP or CRSC are being reviewed but the total amount of retro payments needed is far below the $500 million figure initially projected.

The pay review process also is slower than was expected. Last year, DFAS officials predicted that all back payments would be made by the end of SEP 07. The target now is mid-NOV 07. DFAS has the lead in reviewing pay records. VA is making most of the retro payments. Through late AUG, Pamperin said, VA had paid 56,140 retirees a total of $119 million in back pay. DFAS, on behalf of the Department of Defense, had paid an additional $28 million to 17,000 retirees. About one of every three pay records reviewed shows no underpayment. That means many more retirees than projected have been properly compensated and will be getting no retro payments after all. DFAS and VA officials notify retirees only if an underpayment is discovered. Most of the remaining 33,000 files are CRSC recipients. Unlike CRDP, which involves an automatic payment, CRSC is paid only to retirees who apply for it. To do so, they must receive their VA disability rating and show that their disabilities are combat-related. DFAS has set up a retro award hot line for retirees with questions about their entitlement to a back payment. The Hotline number is (877) 327-4457. Customer service representatives are available at that number M-F 08-1630. Military retirees can also find periodic updates on the retro pay at DFAS Web site at: www.dfas.mil. [Source: Stars & Stripes Tom Philpotts article Sep 07 ++]


TRDP UPDATE 05: The Tricare Retiree Dental Program is being opened to military retirees living in all overseas locations. However, retirees outside the current coverage areas — the U.S., its territories and Canada — will have to pay premiums for those services, as all retirees do. Monthly premiums in the U.S. generally run between $30 and $50 for an individual, $60 to $90 for a family of two, and $100 to $155 for a family of three or more, depending on where the retiree is located. Delta Dental organizes the TRDP into five regions, with premiums based on the average cost of living in each region. Information on how TRDP premiums will be set overseas was not available. Federal law has never specifically restricted the geographic scope of the Tricare Retiree Dental Program, run under contract by Delta Dental of California, but until now it has served retirees living only in the U.S., Canada, Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa and the Commonwealth of the Northern Mariana Islands. The Defense Department decided to expand the program to overseas areas based on requests from retirees and their families who live abroad.
The change would make about 100,000 retirees and family members who live abroad eligible for the TRDP, according to a notice published in the 16 APR Federal Register. "Expanding the geographic scope of the program will ensure that all Tricare-eligible retirees are eligible for the same dental benefits, regardless of their location," defense officials said in the Federal Register notice. Officials said expanding the TRDP overseas will not increase the government’s costs for the program, because it is maintained entirely by enrollees through premium payments. Enrollees also pay for dental costs in excess of the TRDP coverage limits, and the contractor is solely responsible for program costs in excess of annual premium payments. Tricare spokeswoman Bonnie Powell said details are being worked out about when the expanded service will become available (i.e. possibly by MAY 08). For more about the Tricare Retiree Dental Program refer to www.trdp.org/. [Source: The Drifter http://www.leatherneck.com/forums/showt ... hp?t=46551
article by Kelly Kennedy 21 May 07 ++]

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IOWA VETERANS HOME UPDATE 01: The Iowa Veterans Home in Marshalltown faces a $10,000 fine over hundreds of alleged medication errors and the reported theft of painkillers and other drugs intended for veterans. State records also show that an aide at the state-run facility was fired this summer for dispensing medications while she was under the influence of drugs. She also was accused of stealing the veterans' medicine to finance her own use of methamphetamine and marijuana, according to state records. Dan Steen, the care center's commandant, said he is appealing the $10,000 fine imposed by the Iowa Department of Inspections and Appeals. He said he is confident the appeal will result in "the truth" coming out, and he questioned the decision by state inspectors to levy a large fine against a government-run facility that provides care for 700 veterans. "We just cause these homes to become deeper in the hole," Steen said. "If a home has done something wrong and there is a fine, you know, those are dollars that could have bought electric lifts or other equipment." According to the inspections department, the Iowa Veterans Home has documented hundreds of medication errors at the facility this year. But because the facility has 700 residents, some of whom may receive a dozen medications daily, the overall error rate has remained well below the 5% limit imposed by federal officials.
Steen says the home's error rate of 0.0176 of 1% is so low that it's close to perfection and is unheard of in the health care field. In July, however, state inspectors visited the Iowa Veterans Home, reviewed its medication policies and practices, and declared that veterans there were in "immediate jeopardy." Within hours, the home changed its medication policies. The inspectors' report alleges that on 28 JUN, the staff gave one veteran 10 medications that were to be administered to another, much heavier resident. The veteran initially refused some of the drugs, which included anti-psychotic drugs and medications for seizures, but he ultimately accepted them. After the error was discovered, a doctor at the home told workers to monitor the veteran through the night. A few hours later, the man turned red and became incontinent and unresponsive, with his tongue protruding from his mouth. The doctor initially wanted to keep the man at the facility but within a half-hour decided to have him taken by ambulance to a hospital. At the hospital, a breathing tube was inserted, and the veteran was moved to the hospital's intensive care unit. About eight hours later, he showed the first signs of becoming responsive. He was discharged from the hospital two days later and was returned to the Iowa Veterans Home. [Source: Register Staff Writer Clark Kaufman article 9 Sep 07 ++]


MOJAVE DESERT VETERAN MEMORIAL: The leader of the nation’s largest veterans organization criticized a SEP 07 decision by the 9th Circuit Court to remove a cross from a World War I veterans memorial in California’s Mojave Desert as the beginning of the slippery slope of extreme secularism. “This is one more prime example of wrong-headed political correctness and one more critical reason why the current Congress must pass the Public Expression of Religion Act,” said American Legion National Commander Marty Conatser. “This is not about freedom of religion. The First Amendment also says Congress shall pass no law prohibiting the free exercise of religion. The cross is an important symbol to millions of veterans, some of whom had to make the ultimate sacrifice for this nation.” Referring to the federal Court’s 6 SEP decision, Conatser said that across the nation litigation is being brought by the ACLU and other groups attacking the Boy Scouts, the public display of the Ten Commandments and other symbols of America’s religious history. “Today’s lawyers and judges are outlawing the values and religious symbols that the Founding Fathers revered and proclaimed as the very foundation of the American republic. Today it’s a memorial. Tomorrow, these same judges can order the removal of crosses on veterans gravestones, the dismissal of military chaplains and the closure of base chapels.”

Conatser pointed out that a loophole in the current law allows the ACLU and other groups to collect millions of dollars in attorney’s fees from the taxpayers, who, by and large, support the memorials.
Congress, in 2004, passed legislation that transferred one acre of the Mojave Desert Memorial on which the cross sits to private ownership, in exchange for five acres of land and thereby effectively removing it from federal jurisdiction. But the circuit court decreed that the federal government couldn’t exchange federal lands for private lands in order to maintain the cross that has been the center of the Mojave Desert Veterans Memorial for three quarters of a century. The American Legion is spearheading a nationwide effort to develop a grassroots groundswell of support to pass legislation in Congress that would amend federal law to prevent the use of the legal system in a manner that extorts money from state and local governments.
“Passage of ‘The Veterans Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2007’ (PERA) would prevent the ACLU from mugging America’s taxpayers in this manner,” Conatser said. “I hope all Americans who are angry about this, write their senators and representatives and demand that they pass PERA. The bills, H.R. 725 and S. 415 are languishing in the Judiciary Committees of both chambers. It’s time for Congress to make this public law, before other veterans’ memorials are literally desecrated at the whim of judges.” [Source: AL Public Relations Division msg 10 Sep 07 ++]


VA CLAIM BACKLOG UPDATE 11: Sen. Daniel Akaka, Chairman of the Veterans' Affairs Committee has expressed concern about a report from the Department of Veterans Affairs Inspector General (OIG) that says VA repeatedly understated data on waiting times for injured veterans seeking medical care. Chairman Akaka said that the Inspector General's report demonstrates VA "continues to skew" information reported to Congress that nearly all primary and specialty care appointments were scheduled within 30 days or less. He called the report on patient waiting times "disturbing," especially in light of the fact that a similar report on wait times was issued by the OIG in 2005. The OIG report contradicts VA claims that 96% of all veterans seeking primary care and 95% of all veterans seeking specialty care were seen within 30 days of their desired dates. The OIG found that veterans waited 30 days or less for only 75% of them. Additionally, OIG found VA's electronic waiting lists were incomplete, with 10 facilities understating lists by more than 53,000 veterans, of whom 62% had waited more than 30 days for a scheduled appointment. The chairman noted that VA's underreporting of waiting times and backlog volumes makes it harder to identify problem facilities and allocate resources effectively. The OIG examined 700 outpatient appointments for primary and specialty care scheduled for OCT 06 at 10 VA medical facilities in the following cities: Atlanta; Birmingham; Columbia; San Antonio; Dallas; Temple, Texas; Cincinnati; Detroit; Indianapolis; and Chillicothe, Ohio. For more info refer to the OIG report at www.va.gov/oig. [Source: NAUS Weekly Update 14 Sep 07 ++]


DISABLED VET LIFETIME TRICARE COVERAGE: The Bush administration will ask Congress to provide lifetime Tricare coverage to any servicemember discharged as “unfit” due to service-related physical or mental health conditions, said Donna Shalala, co-chair of the President’s Commission on Care for America’s Returning Wounded Warriors. The Tricare change will be one of the most expensive initiatives in a legislative package the White House will send to Congress by the end of SEP 07. The package is to implement key recommendations of the wounded warrior panel, also known as the Dole-Shalala Commission. The Tricare proposal, if enacted into law, would open military health care to a wave of new beneficiaries, potentially as many as 9,000 to 10,000 newly disabled veterans each year plus families. The Dole-Shalala commission report, released in JUL 07, said the Tricare change should apply only to servicemembers separated for combat-related disabilities. But White House officials, at the urging of Defense officials and service associations, have decided to ask Congress to extend lifetime Tricare coverage to all medically discharged veterans. Shalala said the White House will propose that the Tricare expansion be applied retroactively to veterans medically separated since 2001. Shalala didn’t mention a specific retroactive date, but Congress two years ago made eligibility for traumatic injury insurance retroactive to 7 OCT 01, the day U.S. forces invaded Afghanistan and began the global war on terrorism.

Under current law, members are separated rather than retired if found unfit for duty because of conditions rated below 20 percent disabling. They receive a disability severance award rather than retired pay. Because they are not “retirees,” they and their families are ineligible for lifetime Tricare coverage. They can get VA health care, but family members cannot. From 2000 to 2006, an average of 9,600 servicemembers a year were separated as medically unfit with disability ratings of 20% or less, according to statistics gathered by the Veterans’ Disability Benefits Commission, which is due to release its report on 3 OCT. Nearly nine of 10 disabled soldiers were separated rather than retired. Sixty-four percent of sailors with disabilities, 73 percent of disabled airmen and 82 percent of disabled Marines also were released with ratings of 20 percent or less. Shalala and her co-chairman, retired Sen. Robert Dole, said six of 34 action steps that their commission recommends requires legislation. They urged lawmakers to enact the White House initiatives this fall if possible. In addition to expanding Tricare, they said, Congress should:

1.) Authorize the Department of Veterans Affairs (VA) to provide lifetime treatment of post-traumatic stress disorder to any veteran deployed to Iraq or Afghanistan who seeks treatment.
2.) Strengthen support for military families caring for wounded warriors by making them eligible for Tricare-provided respite care and aid and attendant benefits.
3.) Amend the Family and Medical Leave Act (FMLA) so that families of combat-injured servicemembers see unpaid leave protection extended from the current limit of 12 weeks to up to 6 months.

Dole said, “End the dual Department of Defense and VA disability systems, by giving DOD responsibility only for finding a member unfit for duty. DOD should pay disabled members an immediate lifetime annuity based on rank and years of service. The revised VA disability pay system should include a monthly transition payment, perhaps equal to final military basic pay. That would be replaced after the veteran settles into civilian life with payment to replace reduced earnings tied to their level of disability and payable until age 65. Veterans also should get a lifetime quality-of-life payment to compensate for life effects of their disabilities.” The commission gave no amounts for these payments, leaving that for the Bush administration and Congress to decide. Congress shouldn’t worry about the cost, Dole added. “My view was if we spent billions and billons and billions of dollars on getting young men and women in harm’s way, we ought to spend what it takes to get them back to nearly a normal life as possible.” [Source: Stars and Stripes Tom Philpotts article 22 Sep 07 ++]


MONTANA VET CEMETERY UPDATE 01: The U.S. Department of Veterans Affairs has awarded more than $4 million to begin construction on the Western Montana State Veterans Cemetery in Missoula MT. The money will be used for the first phase of the cemetery's construction and the agency has agreed to pay any additional costs associated with the 23-acre cemetery. Plans call for an operations and equipment building, a local veterans services office and another building with visitor information and restrooms. Groundbreaking is expected this fall. Democratic U.S. Sens. Max Baucus and Jon Tester noted that Missoula-area veterans worked for six years to get funding for the project. Shortly after Tester was named to the Senate Veterans Affairs Committee, organizers asked him for help in cutting through some red tape stalling the project. Tester wrote to and met with VA Secretary James Nicholson to ask for help. "I really appreciate it when you sit down with people and they respond appropriately,'' Tester said this spring in announcing the project's approval. "That means government is working for us.'' The new cemetery will be open to any veteran who was honorably discharged from the Armed Forces and to his or her spouse. Montana also has state veterans' cemeteries in Helena and Miles City. [Source: Great Falls Tribune article 20 Sep 07 ++]


VA DATA BREACH UPDATE 37: Veterans’ personal data and health information remain at risk of identity theft because the Veterans Affairs Department has yet to implement several safety measures, government investigators said. The report by the Government Accountability Office, released 19 SEP, comes more than a year after the VA pledged renewed security efforts after the loss of personal information for 26.5 million veterans and active-duty personnel. It found that VA had not yet fully secured access to its computer network and department facilities nor worked to ensure that only authorized changes and updates to VA computer programs were made. Moreover, VA has operated without a chief information security officer JUN 06 to oversee changes and still lacks clear and adequate procedures for quickly notifying veterans when their sensitive data is lost, the report said. “Because these recommendations have not yet been implemented, unnecessary risk exists that the personal information of veterans and others, such as medical providers, will be exposed to data tampering, fraud and inappropriate disclosure,” investigators said. Responding, VA Deputy Secretary Gordon Mansfield said he generally agreed with the findings but insisted that VA’s data security was legally adequate. Many of the recommendations, which were proposed a year ago by the GAO and VA inspector general, were in the process of being implemented, he said. “VA has taken aggressive and proactive measures that are, or were at the time, above and beyond legal requirements, such as mandating encryption of sensitive data accessed remotely or used outside VA facilities,” Mansfield wrote.

In MAY 06, VA stunned the veteran community when it announced that thieves had stolen a computer hard drive containing millions of names, Social Security numbers and birth dates from a VA employee’s Maryland home. The hard drive was eventually recovered intact, but not until after VA suffered blistering criticism from Congress for waiting more than two weeks to call in the FBI. VA Secretary Jim Nicholson, who wasn’t immediately informed either, said he was outraged and pledged to make VA the gold standard in data security. “The security regimen at VA has been totally revised,” Nicholson, who stepped down 1 OCT, reported to Congress in late SEP. “I believe that this reorganization, and the modification and strengthening of our regulations governing IT, its use, and its security will minimize the risk of a significant data loss in the future.” The GAO said 19 SEP, VA had made progress by developing a plan to correct identified weaknesses in its information technology system, requiring security and privacy training for VA employees, and providing regular reports to the VA secretary. But significant gaps remain because responsibility for overseeing VA data security is split among several offices and no clear process exists for the officials to work together. The GAO cited last January’s threat of identity theft for 1.8 million veterans and physicians after a backup hard drive with their Social Security numbers went missing from a research site in Birmingham AL. Medical providers involved in the incident were not notified until 85 days after the data loss because VA did not have clear plans in place for coordinating with other agencies, which in this case was the Department of Health and Human Services. “Until VA addresses recommendations to resolve identified weaknesses, it will have limited assurance that it can adequately protect its systems and information,” the GAO said. [Source: NavyTimes Hope Yen article 19 SEP 07 ++]


SOUTH DAKOTA VETERANS BONUS UPDATE 02: The State of South Dakota is paying a veterans bonus of up to $500 to certain servicemembers based on monthly service during qualifying dates. Bonuses are available to servicemembers who:

-- Were legal residents of the State for at least six months immediately preceding entry into the Armed Forces.
-- Are currently on active duty or were honorably discharged from the Armed Forces.
-- Served on active duty during one of the following periods.

a. For service between Mar. 4, 1991, and Sept. 10, 2001, payment will be made to those who served in an imminent danger pay area or were awarded the Armed Forces Expeditionary Medal, Southwest Asia Service Medal, Kosovo Campaign Medal or any other United States campaign or service medal awarded for participation in combat operations against hostile forces.
b. All active duty service between the dates of Sept. 11, 2001, and a date to be determined qualifies for a bonus payment. This program also allows payment for active duty servicemembers during the Operation Desert Storm dates of Aug. 2, 1990, to Mar. 3, 1991.

Application forms may be obtained by writing to: SD Veterans Bonus, 500 E. Capitol, Pierre, SD 57501, or by calling (605) 773-7251. Forms can also be requested by e-mail by writing to john.fette@state.sd.us. Writers should include their service branch and dates of service, street or post office box number, city, State and zip code. South Dakota residents can apply through the nearest county or tribal veterans service officer. [Source: NAUS Weekly Update 21 Sep 07 ++]

COLA 2008 UPDATE 07: A steep drop in energy prices heavily influenced the continued decrease in the August Consumer Price Index (CPI), the measure used to determine the annual cost of living adjustments (COLAs) for military retired pay, Social Security, and other federal annuities. On 19 SEP the Bureau of Labor Statistics announced the August CPI value, indicating that inflation decreased 0.2% from the July figure. That means inflation has risen a cumulative 2.1% for the first 11 months of FY2007. Last month it was reported that based on past years' experience, the COLA could be in the 2.3% to 2.5% range for 2008. With continued deflation in August we'll have to modify our prediction. This is the only year during the last three decades that inflation decreased in both July and August. September may bring an increase, but expect a COLA in the 2.0% to 2.3% realm for 2008. The Bureau of Labor Statistics announced that the September CPI value (the final value needed to calculate the 2008 COLA) will be announced on 17 OCT. For more information refer to MOAA's Website http://moaaonline.org/ct/Odwy1DS1mmnc/. [Source: MOAA Leg Update 21 Sep 07 ++]


MILITARY ID CARDS (RETIREE) UPDATE 01: A single form of identification is no longer sufficient for retiree ID card renewals at issuing sites using updated software for the Defense Enrollment Eligibility Reporting System/Realtime Automated Personnel Identification System. Retirees and their dependents need to provide a primary photo form of identification and a secondary non-photo form of identification. Examples of photo IDs: military ID card; driver's license; federal, state or local government ID; U.S. or foreign passport; and foreign national ID. Examples of non-photo IDs: Social Security card; voter registration card; birth certificate; U.S. citizen ID card (INS I-97); school record or report card: clinic, doctor, or hospital record; and a day care or nursery record. ID cards for retirees need updating only if the card was lost, stolen or damaged, or if the retiree undergoes a change in status. Retirees' family members and survivors age 75 or over may receive a permanent ID card. [Source: Armed Forces News 21 SEP 07 ++]


VA HEADSTONES & MARKERS UPDATE 01: The Department of Veterans Affairs (VA) published a final rule to amend VA regulations applicable to Government-furnished headstones or markers for placement in a national, State veterans, or private cemetery. The final rule specifies that a veteran's spouse or surviving spouse, whose remains are unavailable for burial, and who died after 11 NOV 98 is eligible for a memorial headstone or marker for placement in a national or State veterans cemetery. This final rule also specifies that a veteran's dependent child, whose remains are unavailable for burial, and who died after 22 DEC 06 is eligible for a memorial headstone or marker for placement in a national or State veterans cemetery. Lastly, this final rule extends for 1 year the authority to provide a Government-furnished headstone or marker for already marked graves of eligible veterans whose deaths occurred on or after 11 SEP 01 for placement in private cemeteries. This final rule is necessary to incorporate statutory amendments into VA regulations. [Source: Federal Record 19 SEP 07 ++]


PASSPORT OBTAINMENT UPDATE 02: Congressman John Carter (TX-31) reminded U.S. citizens traveling in the Western Hemisphere that the temporary Western Hemisphere Travel Initiative (WHTI) accommodation allowing U.S. citizens to travel by air using a Department of State (DOS) official proof of passport application receipt ended at midnight on 30 SEP 07. Effective 1 OCT 07 U.S. citizens traveling by air to Canada, Mexico, the Caribbean and Bermuda must present a passport or other WHTI-compliant document to enter or depart from the United States. U.S. citizens who depart the country under the proof of application accommodation prior to 1 OCT will be readmitted with these same documents if returning to the United States after 30 SEP. Currently, citizens traveling by vehicle or on a cruise across the border to Mexico or Canada do not need a passport, but must show government-issued identification. U.S. citizens arriving by land and sea must prove that they are U.S. citizens. This rule may change as early as JAN 08, when the Departments of Homeland Security and State begin to implement the WHTI at land and sea ports of entry. For more information on passport regulations, visit www.dhs.gov. [Source: Federal Record 19 SEP 07 ++]


RETIREMENT TAX CONSIDERATIONS UPDATE 02: Taxes on land and the buildings on it are the biggest source of revenue for local governments. They are not imposed by states but by the tens of thousands of cities, townships, counties, school districts and other assessing jurisdictions. The state's role is to specify the maximum rate on the market value of the property, or a percentage of it, as the legal standard for the local assessors to follow. The local assessor determines the value to be taxed. You can't escape property taxes in any state. But you can find significantly low rates in certain parts of the country. Most states give residents over a certain age a break on their property taxes. With some taxes, you'll need a relatively low income to qualify. Forty states provide either property tax credits or homestead exemptions that limit the value of assessed property subject to tax. There may be other tax breaks available, depending on where you live. All 50 states offer some type of property tax relief program, such as freezes that will lock in the assessed value of your property once you reach a certain age, or deferral of taxes until the homeowner moves or dies. They ultimately have to be paid. In addition, counties and municipalities often have their own property tax relief plans. Based on data from the 2002 census, the following five states have the lowest local property taxes per capita/year: Arkansas ($191), Alabama ($285), Kentucky ($376), New Mexico ($380), and Oklahoma ($425). The states with the highest local property taxes per capita/year are: New Jersey ($1,871), Connecticut ($1,733), New York ($1,402), and Rhode Island ($1,369).

Property Tax Circuit Breaker - Retirees with low incomes and high housing costs may face property tax bills that are higher than they can manage. Some states target property tax relief to those homeowners bearing the greatest burden. Property tax reform that takes into account a homeowner's ability to pay, such as a so-called "property tax circuit breaker," can better protect low-income homeowners from rising property taxes that accompany rising property values. Targeted property tax relief avoids sharp reductions in funding for locally provided public services and inequities based solely on date of purchase. A property tax circuit breaker prevents property taxes from "overloading" a taxpayer. Under a typical circuit breaker, the state sets a maximum percentage of income that an eligible family can be expected to pay in property taxes. If property taxes exceed this limit, the state then provides a rebate or credit to the taxpayer. Currently, of the 31 states and the District of Columbia with circuit breakers for homeowners, only six and the District of Columbia permit all households to participate in the program without regard to age.
Other property tax relief strategies that may be used to target property tax relief include homestead exemptions which exempt a certain amount of a home's value from taxation, credits to rebate a certain percentage of taxes paid, and deferral programs to allow low-income elderly homeowners to defer payment of property taxes until property is sold.

Property Tax Swaps - More and more states are cutting property taxes in exchange for increases in sales or other taxes. Idaho, New Jersey, South Carolina and Texas took this step in 2006. In New Jersey the state increased the sales tax by one cent with half of it designated for property tax relief in 2006 and possibly the full amount in future years. Voters in Idaho also approved a one cent sales tax increase that reduces property taxes by $260 million. South Carolina's Republican governor, Mark Sanford, signed a measure that promises to cut average property taxes by 60% and makes up the revenue by increasing the sales tax by one cent. The revenue will be used to support the Homestead Exemption Fund. In Texas the state lowered property taxes by increasing the taxes on cigarettes and some business activity.
Best and Worst States: Based on data from the 2002 census, the following five states have the lowest local property taxes per capita/year. They are Arkansas ($191), Alabama ($285), Kentucky ($376), New Mexico ($380), and Oklahoma ($425). The states with the highest local property taxes per capita/year are: New Jersey ($1,871), Connecticut ($1,733), New York ($1,402), and Rhode Island ($1,369).
[Source: www.retirementliving.com/RLtaxes.html Jul 07 ++]

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[boardman]

Page 3

110th CONGRESS U.S. HOUSE of REPRESENTATIVES: Want to call or see you congressman regarding legislation that affects your benefits or well being. Following is an alphabetical listing of all House of Representative’s phone numbers and room assignments at the Capital:

1. Members who have died or resigned appear in bold brackets.
2. Room numbers with 3 digits are in the Cannon HOB, 4 digits beginning with 1 are in the Longworth HOB, 4 digits beginning with 2 are in the Rayburn HOB. Room assignments are effective January 4, 2007
3. Incoming calls: Calls from the public may be made by dialing (202) 22 plus the five-digit number listed in this directory.
4. Democrats are indicated in roman; Republicans in italic; Resident Commissioner and Delegates in boldface.
5. Compiled by KAREN L. HAAS, Clerk of the House http://clerk.house.gov Washington, DC 20515 January 1, 2007

Name Phone Room
Abercrombie, Neil, 1st HI ................ 52726 1502
Ackerman, Gary L., 5th NY ............. 52601 2243
Aderholt, Robert B., 4th AL ............. 54876 1433
Akin, W. Todd, 2d MO ...................... 52561 117
Alexander, Rodney, 5th LA .............. 58490 316
Allen, Thomas H., 1st ME ................ 56116 1127
Altmire, Jason, 4th PA ..................... 52565 1419
Andrews, Robert E., 1st NJ ............. 56501 2439
Arcuri, Michael A., 24th NY ............ 53665 327
Baca, Joe, 43d CA ............................. 56161 1527
Bachmann, Michele, 6th MN ........... 52331 412
Bachus, Spencer, 6th AL .................. 54921 2246
Baird, Brian, 3d WA ......................... 53536 2443
Baker, Richard H., 6th LA ............... 53901 341
Baldwin, Tammy, 2d WI .................. 52906 2446
Barrett, J. Gresham, 3d SC .............. 55301 439
Barrow, John, 12th GA .................... 52823 213
Bartlett, Roscoe G., 6th MD ............. 52721 2412
Barton, Joe, 6th TX .......................... 52002 2109
Bean, Melissa L., 8th IL .................. 53711 318
Becerra, Xavier, 31st CA .................. 56235 1119
Berkley, Shelley, 1st NV .................. 55965 405
Berman, Howard L., 28th CA .......... 54695 2221
Berry, Marion, 1st AR ...................... 54076 2305
Biggert, Judy, 13th IL ...................... 53515 1034
Bilbray, Brian P., 50th CA .............. 55452 227
Bilirakis, Gus M., 9th FL ................. 55755 1630
Bishop, Rob, 1st UT .......................... 50453 124
Bishop, Sanford D., Jr., 2d GA ........ 53631 2429
Bishop, Timothy H., 1st NY ............. 53826 225
Blackburn, Marsha, 7th TN ............. 52811 509
Blumenauer, Earl, 3d OR ................. 54811 2267
Blunt, Roy, 7th MO .......................... 56536 217
Boehner, John A., 8th OH ................ 56205 1011
Bonner, Jo, 1st AL ............................ 54931 422
Bono, Mary, 45th CA ........................ 55330 104
Boozman, John, 3d AR ..................... 54301 1519
Bordallo, Madeleine Z., (Delegate) GU ..... 51188 427
Boren, Dan, 2d OK ........................... 52701 216
Boswell, Leonard L., 3d IA .............. 53806 1427
Boucher, Rick, 9th VA ...................... 53861 2187
Boustany, Charles W., Jr., 7th LA .. 52031 1117
Boyd, Allen, 2d FL ............................ 55235 1227
Boyda, Nancy E., 2d KS ................... 56601 1711
Brady, Kevin, 8th TX ........................ 54901 301
Brady, Robert A., 1st PA .................. 54731 206
Braley, Bruce L., 1st IA ................... 52911 1408
Brown, Corrine, 3d FL ..................... 50123 2336
Brown, Henry E., Jr., 1st SC ........... 53176 1124
Brown-Waite, Ginny, 5th FL ............ 51002 414
Buchanan, Vern, 13th FL ................. 55015 1516
Burgess, Michael C., 26th TX .......... 57772 1224
Burton, Dan, 5th IN ......................... 52276 2308
Butterfield, G. K., 1st NC ................ 53101 413
Buyer, Steve, 4th IN ......................... 55037 2230
Calvert, Ken, 44th CA ....................... 51986 2201
Camp, Dave, 4th MI ......................... 53561 137
Campbell, John, 48th CA ................. 55611 1728
Cannon, Chris, 3d UT ...................... 57751 2436
Cantor, Eric, 7th VA ......................... 52815 329
Capito, Shelley Moore, 2d WV ......... 52711 1431
Capps, Lois, 23d CA ......................... 53601 1110
Capuano, Michael E., 8th MA ......... 55111 1530
Cardoza, Dennis A., 18th CA ........... 56131 435
Carnahan, Russ, 3d MO ................... 52671 1710
Carney, Christopher P., 10th PA ..... 53731 416
Carson, Julia, 7th IN ........................ 54011 2455
Carter, John R., 31st TX .................. 53864 408
Castle, Michael N., At Large, DE .... 54165 1233
Castor, Kathy, 11th FL .................... 53376 317
Chabot, Steve, 1st OH ...................... 52216 129
Chandler, Ben, 6th KY ..................... 54706 1504
Christensen, Donna M., (Delegate) VI ..... 51790 1510
Clarke, Yvette D., 11th NY .............. 56231 1029
Clay, Wm. Lacy, 1st MO .................. 52406 434
Cleaver, Emanuel, 5th MO .............. 54535 1641
Clyburn, James E., 6th SC .............. 53315 2135
Coble, Howard, 6th NC .................... 53065 2468
Cohen, Steve, 9th TN ....................... 53265 1004
Cole, Tom, 4th OK ............................ 56165 236
Conaway, K. Michael, 11th TX ........ 53605 511
Conyers, John, Jr., 14th MI ............. 55126 2426
Cooper, Jim, 5th TN ......................... 54311 1536
Costa, Jim, 20th CA ......................... 53341 1314
Costello, Jerry F., 12th IL ................ 55661 2408
Courtney, Joe, 2d CT ........................ 52076 215
Cramer, Robert E. (Bud), Jr., 5th AL ..... 54801 2184
Crenshaw, Ander, 4th FL ................. 52501 127
Crowley, Joseph, 7th NY .................. 53965 2404
Cubin, Barbara, At Large, WY ........ 52311 1114
Cuellar, Henry, 28th TX ................... 51640 336
Culberson, John Abney, 7th TX ....... 52571 428
Cummings, Elijah E., 7th MD ......... 54741 2235
Davis, Artur, 7th AL ........................ 52665 208
Davis, Danny K., 7th IL ................... 55006 2159
Davis, David, 1st TN ........................ 56356 514
Davis, Geoff, 4th KY ......................... 53465 1108
Davis, Jo Ann, 1st VA ...................... 54261 1123
Davis, Lincoln, 4th TN ..................... 56831 410
Davis, Susan A., 53d CA .................. 52040 1526
Davis, Tom, 11th VA ........................ 51492 2348
Deal, Nathan, 9th GA ....................... 55211 2133
DeFazio, Peter A., 4th OR ............... 56416 2134
DeGette, Diana, 1st CO .................... 54431 2421
Delahunt, William D., 10th MA ...... 53111 2454
DeLauro, Rosa L., 3d CT .................. 53661 2262
Dent, Charles W., 15th PA ............... 56411 116
Diaz-Balart, Lincoln, 21st FL .......... 54211 2244
Diaz-Balart, Mario, 25th FL ............ 52778 328
Dicks, Norman D., 6th WA .............. 55916 2467
Dingell, John D., 15th MI ................ 54071 2328
Doggett, Lloyd, 25th TX ................... 54865 201
Donnelly, Joe, 2d IN ......................... 53915 1218
Doolittle, John T., 4th CA ................ 52511 2410
Doyle, Michael F., 14th PA .............. 52135 401
Drake, Thelma D., 2d VA ................. 54215 1208
Dreier, David, 26th CA ..................... 52305 233
Duncan, John J., Jr., 2d TN ............ 55435 2207
Edwards, Chet, 17th TX ................... 56105 2369
Ehlers, Vernon J., 3d MI .................. 53831 2182
Ellison, Keith, 5th MN ..................... 54755 1130
Ellsworth, Brad, 8th IN ................... 54636 513
Emanuel, Rahm, 5th IL ................... 54061 1319
Emerson, Jo Ann, 8th MO ............... 54404 2440
Engel, Eliot L., 17th NY ................... 52464 2161
English, Phil, 3d PA ......................... 55406 2332
Eshoo, Anna G., 14th CA ................. 58104 205
Etheridge, Bob, 2d NC ..................... 54531 1533
Everett, Terry, 2d AL ........................ 52901 2312
Faleomavaega, Eni F. H., (Delegate) AS ... 58577 2422
Fallin, Mary, 5th OK ........................ 52132 1432
Farr, Sam, 17th CA .......................... 52861 1221
Fattah, Chaka, 2d PA ....................... 54001 2301
Feeney, Tom, 24th FL ....................... 52706 323
Ferguson, Mike, 7th NJ .................... 55361 214
Filner, Bob, 51st CA ......................... 58045 2428
Flake, Jeff, 6th AZ ............................ 52635 240
Forbes, J. Randy, 4th VA ................. 56365 307
Fortenberry, Jeff, 1st NE .................. 54806 1517
Fortun˜ o, Luis G., (Resident Commissioner) PR ..... 52615 126
Fossella, Vito, 13th NY ..................... 53371 2453
Foxx, Virginia, 5th NC ..................... 52071 430
Frank, Barney, 4th MA .................... 55931 2252
Franks, Trent, 2d AZ ........................ 54576 1237
Frelinghuysen, Rodney P., 11th NJ 55034 2442
Gallegly, Elton, 24th CA .................. 55811 2309
Garrett, Scott, 5th NJ ....................... 54465 1318
Gerlach, Jim, 6th PA ........................ 54315 308
Giffords, Gabrielle, 8th AZ ............... 52542 502
Gilchrest, Wayne T., 1st MD ............ 55311 2245
Gillibrand, Kirsten E., 20th NY ...... 55614 120
Gillmor, Paul E., 5th OH ................. 56405 1203
Gingrey, Phil, 11th GA ..................... 52931 119
Gohmert, Louie, 1st TX .................... 53035 510
Gonzalez, Charles A., 20th TX ........ 53236 303
Goode, Virgil H., Jr., 5th VA ........... 54711 1520
Goodlatte, Bob, 6th VA ..................... 55431 2240
Gordon, Bart, 6th TN ....................... 54231 2310
Granger, Kay, 12th TX ..................... 55071 440
Graves, Sam, 6th MO ....................... 57041 1415
Green, Al, 9th TX .............................. 57508 425
Green, Gene, 29th TX ....................... 51688 2335
Grijalva, Rau´ l M., 7th AZ ................ 52435 1440
Gutierrez, Luis V., 4th IL ................ 58203 2266
Hall, John J., 19th NY ..................... 55441 1217
Hall, Ralph M., 4th TX .................... 56673 2405
Hare, Phil, 17th IL ........................... 55905 1118
Harman, Jane, 36th CA ................... 58220 2400
Hastert, J. Dennis, 14th IL .............. 52976 2304
Hastings, Alcee L., 23d FL ............... 51313 2353
Hastings, Doc, 4th WA ..................... 55816 1214
Hayes, Robin, 8th NC ....................... 53715 130
Heller, Dean, 2d NV .......................... 56155 1023
Hensarling, Jeb, 5th TX ................... 53484 132
Herger, Wally, 2d CA ........................ 53076 2268
Herseth, Stephanie, At Large, SD ... 52801 331
Higgins, Brian, 27th NY .................. 53306 431
Hill, Baron P., 9th IN ....................... 55315 223
Hinchey, Maurice D., 22d NY .......... 56335 2431
Hinojosa, Rube´n, 15th TX ................ 52531 2463
Hirono, Mazie K., 2d HI ................... 54906 1229
Hobson, David L., 7th OH ............... 54324 2346
Hodes, Paul W., 2d NH .................... 55206 506
Hoekstra, Peter, 2d MI ...................... 54401 2234
Holden, Tim, 17th PA ....................... 55546 2417
Holt, Rush D., 12th NJ .................... 55801 1019
Honda, Michael M., 15th CA ........... 52631 1713
Hooley, Darlene, 5th OR .................. 55711 2430
Hoyer, Steny H., 5th MD ................. 54131 1705
Hulshof, Kenny C., 9th MO .............. 52956 409
Hunter, Duncan, 52d CA .................. 55672 2265
Inglis, Bob, 4th SC ............................ 56030 330
Inslee, Jay, 1st WA ........................... 56311 403
Israel, Steve, 2d NY .......................... 53335 432
Issa, Darrell E., 49th CA .................. 53906 211
Jackson, Jesse L., Jr., 2d IL ............ 50773 2419
Jackson-Lee, Sheila, 18th TX .......... 53816 2435
Jefferson, William J., 2d LA ............ 56636 2113
Jindal, Bobby, 1st LA ....................... 53015 1205
Johnson, Eddie Bernice, 30th TX .... 58885 1511
Johnson, Henry C. ‘‘Hank’’, Jr., 4th GA .... 51605 1133
Johnson, Sam, 3d TX ....................... 54201 1211
Johnson, Timothy V., 15th IL .......... 52371 1207
Jones, Stephanie Tubbs, 11th OH ... 57032 1009
Jones, Walter B., 3d NC ................... 53415 2333
Jordan, Jim, 4th OH ........................ 52676 515
Kagen, Steve, 8th WI ....................... 55665 1232
Kanjorski, Paul E., 11th PA ............ 56511 2188
Kaptur, Marcy, 9th OH .................... 54146 2186
Keller, Ric, 8th FL ............................ 52176 419
Kennedy, Patrick J., 1st RI .............. 54911 407
Kildee, Dale E., 5th MI .................... 53611 2107
Kilpatrick, Carolyn C., 13th MI ...... 52261 2264
Kind, Ron, 3d WI .............................. 55506 1406
King, Peter T., 3d NY ....................... 57896 339
King, Steve, 5th IA ............................ 54426 1609
Kingston, Jack, 1st GA ..................... 55831 2368
Kirk, Mark Steven, 10th IL .............. 54835 1030
Klein, Ron, 22d FL ........................... 53026 313
Kline, John, 2d MN .......................... 52271 1429
Knollenberg, Joe, 9th MI .................. 55802 2349
Kucinich, Dennis J., 10th OH .......... 55871 2445
Kuhl, John R. ‘‘Randy’’, Jr., 29th NY ..... 53161 1505
LaHood, Ray, 18th IL ....................... 56201 1424
Lamborn, Doug, 5th CO ................... 54422 437
Lampson, Nick, 22d TX .................... 55951 436
Langevin, James R., 2d RI ............... 52735 109
Lantos, Tom, 12th CA ...................... 53531 2413
Larsen, Rick, 2d WA ......................... 52605 107
Larson, John B., 1st CT ................... 52265 1005
Latham, Tom, 4th IA ........................ 55476 2447
LaTourette, Steven C., 14th OH ....... 55731 2371
Lee, Barbara, 9th CA ....................... 52661 2444
Levin, Sander M., 12th MI .............. 54961 1236
Lewis, Jerry, 41st CA ....................... 55861 2112
Lewis, John, 5th GA ......................... 53801 343
Lewis, Ron, 2d KY ............................ 53501 2418
Linder, John, 7th GA ....................... 54272 1026
Lipinski, Daniel, 3d IL ..................... 55701 1717
LoBiondo, Frank A., 2d NJ .............. 56572 2427
Loebsack, David, 2d IA ..................... 56576 1513
Lofgren, Zoe, 16th CA ...................... 53072 102
Lowey, Nita M., 18th NY ................. 56506 2329
Lucas, Frank D., 3d OK ................... 55565 2311
Lungren, Daniel E., 3d CA ............... 55716 2448
Lynch, Stephen F., 9th MA .............. 58273 221
McCarthy, Carolyn, 4th NY ............. 55516 106
McCarthy, Kevin, 22d CA ................. 52915 1523
McCaul, Michael T., 10th TX .......... 52401 131
McCollum, Betty, 4th MN ................ 56631 1714
McCotter, Thaddeus G., 11th MI ..... 58171 1632
McCrery, Jim, 4th LA ....................... 52777 242
McDermott, Jim, 7th WA ................. 53106 1035
McGovern, James P., 3d MA ........... 56101 438
McHenry, Patrick T., 10th NC ......... 52576 224
McHugh, John M., 23d NY .............. 54611 2366
McIntyre, Mike, 7th NC ................... 52731 2437
McKeon, Howard P. ‘‘Buck’’, 25th CA ..... 51956 2351
McMorris Rodgers, Cathy, 5th WA .. 52006 1708
McNerney, Jerry, 11th CA ............... 51947 312
McNulty, Michael R., 21st NY ......... 55076 2210
Mack, Connie, 14th FL ..................... 52536 115
Mahoney, Tim, 16th FL .................... 55792 1541
Maloney, Carolyn B., 14th NY ......... 57944 2331
Manzullo, Donald A., 16th IL .......... 55676 2228
Marchant, Kenny, 24th TX ............... 56605 1037
Markey, Edward J., 7th MA ............ 52836 2108
Marshall, Jim, 8th GA ...................... 56531 504
Matheson, Jim, 2d UT ...................... 53011 1323
Matsui, Doris O., 5th CA ................. 57163 222
Meehan, Martin T., 5th MA ............. 53411 2229
Meek, Kendrick B., 17th FL ............ 54506 1039
Meeks, Gregory W., 6th NY ............. 53461 2342
Melancon, Charlie, 3d LA ................ 54031 404
Mica, John L., 7th FL ...................... 54035 2313
Michaud, Michael H., 2d ME ........... 56306 1724
Millender-McDonald, Juanita, 37th CA ..... 57924 2233
Miller, Brad, 13th NC ...................... 53032 1722
Miller, Candice S., 10th MI ............. 52106 228
Miller, Gary G., 42d CA ................... 53201 2438
Miller, George, 7th CA ..................... 52095 2205
Miller, Jeff, 1st FL ............................ 54136 1535
Mitchell, Harry E., 5th AZ ............... 52190 2434
Mollohan, Alan B., 1st WV .............. 54172 2302
Moore, Dennis, 3d KS ....................... 52865 1727
Moore, Gwen, 4th WI ....................... 54572 1239
Moran, James P., 8th VA ................. 54376 2239
Moran, Jerry, 1st KS ........................ 52715 2202
Murphy, Christopher S., 5th CT ..... 54476 501
Murphy, Patrick J., 8th PA ............. 54276 1007
Murphy, Tim, 18th PA ..................... 52301 322
Murtha, John P., 12th PA ................ 52065 2423
Musgrave, Marilyn N., 4th CO ........ 54676 1507
Myrick, Sue Wilkins, 9th NC ........... 51976 230
Nadler, Jerrold, 8th NY ................... 55635 2334
Napolitano, Grace F., 38th CA ........ 55256 1610
Neal, Richard E., 2d MA .................. 55601 2208
Neugebauer, Randy, 19th TX ........... 54005 429
Norton, Eleanor Holmes, (Delegate) DC .... 58050 2136
Norwood, Charlie, 10th GA .............. 54101 2104
Nunes, Devin, 21st CA ...................... 52523 1013
Oberstar, James L., 8th MN ............ 56211 2365
Obey, David R., 7th WI .................... 53365 2314
Olver, John W., 1st MA .................... 55335 1111
Ortiz, Solomon P., 27th TX .............. 57742 2110
Pallone, Frank, Jr., 6th NJ .............. 54671 237
Pascrell, Bill, Jr., 8th NJ ................. 55751 2464
Pastor, Ed, 4th AZ ............................ 54065 2465
Paul, Ron, 14th TX ........................... 52831 203
Payne, Donald M., 10th NJ ............. 53436 2209
Pearce, Stevan, 2d NM ..................... 52365 1607
Pelosi, Nancy, 8th CA ....................... 54965 235
Pence, Mike, 6th IN .......................... 53021 1317
Perlmutter, Ed, 7th CO .................... 52645 415
Peterson, Collin C., 7th MN ............. 52165 2211
Peterson, John E., 5th PA ................ 55121 123
Petri, Thomas E., 6th WI ................. 52476 2462
Pickering, Charles W. ‘‘Chip’’, 3d MS .... 55031 229
Pitts, Joseph R., 16th PA ................. 52411 420
Platts, Todd Russell, 19th PA .......... 55836 1032
Poe, Ted, 2d TX ................................. 56565 1605
Pomeroy, Earl, At Large, ND .......... 52611 1501
Porter, Jon C., 3d NV ....................... 53252 218
Price, David E., 4th NC .................... 51784 2162
Price, Tom, 6th GA ........................... 54501 424
Pryce, Deborah, 15th OH .................. 52015 320
Putnam, Adam H., 12th FL ............. 51252 1725
Radanovich, George, 19th CA .......... 54540 2367
Rahall, Nick J., II, 3d WV ............... 53452 2307
Ramstad, Jim, 3d MN ...................... 52871 103
Rangel, Charles B., 15th NY ........... 54365 2354
Regula, Ralph, 16th OH ................... 53876 2306
Rehberg, Dennis R., At Large, MT .. 53211 516
Reichert, David G., 8th WA ............. 57761 1223
Renzi, Rick, 1st AZ ........................... 52315 418
Reyes, Silvestre, 16th TX ................. 54831 2433
Reynolds, Thomas M., 26th NY ....... 55265 332
Rodriguez, Ciro D., 23d TX .............. 54511 2458
Rogers, Harold, 5th KY .................... 54601 2406
Rogers, Mike, 3d AL .......................... 53261 324
Rogers, Mike, 8th MI ........................ 54872 133
Rohrabacher, Dana, 46th CA ........... 52415 2300
Roskam, Peter J., 6th IL .................. 54561 507
Ros-Lehtinen, Ileana, 18th FL ......... 53931 2160
Ross, Mike, 4th AR ........................... 53772 314
Rothman, Steven R., 9th NJ ............ 55061 2303
Roybal-Allard, Lucille, 34th CA ....... 51766 2330
Royce, Edward R., 40th CA ............. 54111 2185
Ruppersberger, C. A. Dutch, 2d MD 53061 1730
Rush, Bobby L., 1st IL ..................... 54372 2416
Ryan, Paul, 1st WI ........................... 53031 1113
Ryan, Tim, 17th OH ......................... 55261 1421
Salazar, John T., 3d CO ................... 54761 1531
Sali, Bill, 1st ID ................................ 56611 508
Sa´nchez, Linda T., 39th CA ............. 56676 1222
Sanchez, Loretta, 47th CA ............... 52965 1230
Sarbanes, John P., 3d MD ............... 54016 426
Saxton, Jim, 3d NJ ........................... 54765 2217
Schakowsky, Janice D., 9th IL ........ 52111 1027
Schiff, Adam B., 29th CA ................. 54176 326
Schmidt, Jean, 2d OH ...................... 53164 238
Schwartz, Allyson Y., 13th PA ......... 56111 423
Scott, David, 13th GA ....................... 52939 417
Scott, Robert C. ‘‘Bobby’’, 3d VA ...... 58351 1201
Sensenbrenner, F. James, Jr., 5th WI ..... 55101 2449
Serrano, Jose´ E., 16th NY ................ 54361 2227
Sessions, Pete, 32d TX ...................... 52231 1514
Sestak, Joe, 7th PA ........................... 52011 1022
Shadegg, John B., 3d AZ .................. 53361 306
Shays, Christopher, 4th CT .............. 55541 1126
Shea-Porter, Carol, 1st NH .............. 55456 1508
Sherman, Brad, 27th CA .................. 55911 2242
Shimkus, John, 19th IL ................... 55271 2452
Shuler, Heath, 11th NC ................... 56401 512
Shuster, Bill, 9th PA ........................ 52431 204
Simpson, Michael K., 2d ID ............. 55531 1339
Sires, Albio, 13th NJ ........................ 57919 1024
Skelton, Ike, 4th MO ........................ 52876 2206
Slaughter, Louise McIntosh, 28th NY ..... 53615 2469
Smith, Adam, 9th WA ...................... 58901 2402
Smith, Adrian, 3d NE ...................... 56435 503
Smith, Christopher H., 4th NJ ........ 53765 2373
Smith, Lamar S., 21st TX ................ 54236 2409
Snyder, Vic, 2d AR ............................ 52506 1330
Solis, Hilda L., 32d CA ..................... 55464 1414
Souder, Mark E., 3d IN .................... 54436 2231
Space, Zachary T., 18th OH ............. 56265 315
Spratt, John M., Jr., 5th SC ............ 55501 1401
Stark, Fortney Pete, 13th CA .......... 55065 239
Stearns, Cliff, 6th FL ....................... 55744 2370
Stupak, Bart, 1st MI ........................ 54735 2352
Sullivan, John, 1st OK ..................... 52211 114
Sutton, Betty, 13th OH .................... 53401 1721
Tancredo, Thomas G., 6th CO ......... 57882 1131
Tanner, John S., 8th TN .................. 54714 1226
Tauscher, Ellen O., 10th CA ............ 51880 2459
Taylor, Gene, 4th MS ....................... 55772 2269
Terry, Lee, 2d NE .............................. 54155 1524
Thompson, Bennie G., 2d MS .......... 55876 2432
Thompson, Mike, 1st CA .................. 53311 231
Thornberry, Mac, 13th TX ................ 53706 2457
Tiahrt, Todd, 4th KS ........................ 56216 2441
Tiberi, Patrick J., 12th OH .............. 55355 113
Tierney, John F., 6th MA ................. 58020 2238
Towns, Edolphus, 10th NY .............. 55936 2232
Turner, Michael R., 3d OH .............. 56465 1740
Udall, Mark, 2d CO .......................... 52161 100
Udall, Tom, 3d NM ........................... 56190 1410
Upton, Fred, 6th MI ......................... 53761 2183
Van Hollen, Chris, 8th MD .............. 55341 1707
Vela´zquez, Nydia M., 12th NY ........ 52361 2466
Visclosky, Peter J., 1st IN ................ 52461 2256
Walberg, Timothy, 7th MI ................ 56276 325
Walden, Greg, 2d OR ........................ 56730 1210
Walsh, James T., 25th NY ............... 53701 2372
Walz, Timothy J., 1st MN ................ 52472 1529
Wamp, Zach, 3d TN .......................... 53271 1436
Wasserman Schultz, Debbie, 20th FL .... 57931 118
Waters, Maxine, 35th CA ................. 52201 2344
Watson, Diane E., 33d CA ............... 57084 125
Watt, Melvin L., 12th NC ................ 51510 2236
Waxman, Henry A., 30th CA ........... 53976 2204
Weiner, Anthony D., 9th NY ........... 56616 1122
Welch, Peter, At Large, VT .............. 54115 1404
Weldon, Dave, 15th FL ..................... 53671 2347
Weller, Jerry, 11th IL ....................... 53635 108
Westmoreland, Lynn A., 3d GA ........ 55901 1213
Wexler, Robert, 19th FL ................... 53001 2241
Whitfield, Ed, 1st KY ....................... 53115 2411
Wicker, Roger F., 1st MS .................. 54306 2350
Wilson, Charles A., 6th OH ............. 55705 226
Wilson, Heather, 1st NM .................. 56316 442
Wilson, Joe, 2d SC ............................ 52452 212
Wolf, Frank R., 10th VA .................. 55136 241
Woolsey, Lynn C., 6th CA ................ 55161 2263
Wu, David, 1st OR ............................ 50855 2338
Wynn, Albert Russell, 4th MD ........ 58699 2470
Yarmuth, John A., 3d KY ................ 55401 319
Young, C. W. Bill, 10th FL .............. 55961 2407
Young, Don, At Large, AK ............... 55765 2111

For complete contact info go to www.visi.com/juan/congress/index.html and fill in your home address to find your legislator’s political profile, committee membership, distinct office address along with maps on how to get there, email/web site, local and DC Fax numbers, personal bio, and names of their key office staff members. [Various: Jan 07 ++]


VETERAN LEGISLATION STATUS 30 SEP 07: For a listing of Congressional bills of interest to the veteran community that have been introduced in the 110th Congress refer to the Bulletin attachment. By clicking on the bill number indicated you can access the actual legislative language of the bill and see if your representative has signed on as a cosponsor. Support of these bills through cosponsorship by other legislators is critical if they are ever going to move through the legislative process for a floor vote to become law. A good indication on that likelihood is the number of cosponsors who have signed onto the bill. A cosponsor is a member of Congress who has joined one or more other members in his/her chamber (i.e. House or Senate) to sponsor a bill or amendment. The member who introduces the bill is considered the sponsor. Members subsequently signing on are called cosponsors. Any number of members may cosponsor a bill in the House or Senate. At http://thomas.loc.gov you can also review a copy of each bill, determine its current status, the committee it has been assigned to, and if your legislator is a sponsor or cosponsor of it. To determine what bills, amendments your representative has sponsored, cosponsored, or dropped sponsorship on refer to http://thomas.loc.gov/bss/d110/sponlst.html. The key to increasing cosponsorship on veteran related bills is letting our representatives know of veteran’s feelings on issues. At the end of some listed bills is a web link that can be used to do that. Otherwise, you can locate on http://thomas.loc.gov who your representative is and his/her phone number, mailing address, or email/website to communicate with a message or letter of your own making. [Source: RAO Bulletin Attachment 30 Sep 07 ++]

Lt. James "EMO" Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA Baguio City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (760) 839-9003 when in U.S. & Cell: 0915-361-3503 when in Philippines.
Email: raoemo@sbcglobal.net Web: http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member

[boardman]

RAO Bulletin Update 15 October 2007

THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

VA Physician Quals ---- (Hiring system validity questioned)
Marine Reserve Bonus ----------------------------- (Expanded)
Overseas Holiday Mailing 2007 -------------- (mailing dates)
VA Obesity Initiative [02] ------------ (Epidemic of diabetes)
VA Flu Shots --------------------------------- (2007/08 Season)
VA Health Care Funding [11] --------------- (IL referendum)
West Virginia Vet Cemetery ------------ (Funded by Lottery)
VA Polytrauma Rehab Centers ------------ (Not up to speed)
VA Clinic Indianapolis IN ---------------------- (Fund source)
VA VistA [01 ----------------- (Outage cripples patient care)
Check/Money Order Scams --------- (Consumers easy prey)
Funeral Honors [03] --------------- (Customs and Traditions)
Arlington National Cemetery [01] -------- (Good thru 2060)
VA Facility Expansion [10] -------------- (Chicago VA-DoD)
MA DPL Data Breach ------------- (450,000 SSN’s released)
SBP Basics [02] -------------------------- (Good or Bad deal?)
Tricare Reserve Select [08] -------- (Continuation coverage)
CT Vets Wartime Service Medal ------ (270K Vets Eligible)
VA CWT & IT ------------------------ (Change in Tax Status)
VDBC [22] ------------------------- (25% Disability Pay Hike)
VDBC [23] ------------------------ (Action delayed until 2008)
Medicare Rates 2008 --------------------- ($2.90 Increase/mo)
NDAA 2008 [09] ------------------------- (Senate Bill Passed)
VA Polytrauma Care [01] -------------- (5th PRC Announced)
Medicare Part D [16] ---------- (Closing the Doughnut Hole)
Canadian Nat Mil Cemetery --------- (Available to U.S. Vets)
Military Related Job Fairs [01] -------------- (15 thru 31 Oct)
Veteran Legislation Status 30 SEP 07 ---- (Where We Stand)


VA PHYSICIAN QUALIFICATIONS: Sens. Dick Durbin and Barack Obama say their own investigation raises serious questions about Veterans Affairs Department claims that officials couldn't have known about a surgeon's troubling history before he was hired at an Illinois VA hospital. In a harshly worded letter to acting Secretary of Veterans Affairs Gordon Mansfield on 11 OCT, the Illinois Democrats said their staffs easily found enough information to warrant a closer look at the qualifications of Dr. Jose Veizaga-Mendez. Veizaga-Mendez resigned from the Marion, Ill., VA hospital in August, shortly before the hospital suspended inpatient surgeries because of a spike in post-surgical deaths, reportedly from OCT 2006 to March of this year. Durbin has said he was told that nine people died at the Marion hospital during an unspecified six-month period when the typical mortality rate would have been two. He also has said that after hearing from Dr. Michael Kussman, a VA undersecretary, it is clear Veizaga-Mendez had some involvement with those surgeries.

Veizaga-Mendez was hired in Marion even though he was barred from practicing in Massachusetts last year after accusations of grossly substandard care. "It appears the VA's efforts to discover the truth about Dr. Veizaga-Mendez, his past professional history, and the circumstances surrounding his license forfeiture were far from adequate and may have put the veterans seeking care at Marion in danger," the senators wrote. In a statement Thursday, the VA said it conducts a thorough background check that includes verification of professional credentials, competence, personal backgrounds and checks them against the national Practitioner Data Bank-Healthcare Integrity and Protection Data Bank. But Durbin and Obama said Kussman and another VA undersecretary, Dr. Gerald Cross, had said it was impossible for the VA to know whether Veizaga-Mendez had accurately described why he had surrendered his license in Massachusetts. "A cursory check by our staff of publicly available information has cast doubt on the validity of that claim," they wrote. Some of the information was readily available on the website of the Massachusetts Board of Registration in Medicine, the senators said. At the time the doctor was hired at Marion, information about medical malpractice payments he had made in 2004 and 2005, as well as the fact that he had been the subject of a hospital disciplinary action, were available on the website, they said.

In a separate announcement the VA said that they will be adding 2,000 advanced residency positions for Doctors in the next 5 years. The VA already helps to train nearly half of all physicians in the United States. Presently every year 31,000 medical residents and 16,000 medical students receive some of their training at a VA facility. In JUL the VA added 341 new positions. Through its affiliations with medical schools and universities, the VA is the largest provider of health care training in the United States. Currently, 130 VA medical facilities are affiliated with 107 of the nation's 126 medical schools. These training positions address VA’s critical needs and provide skilled health care professionals for the entire nation. The additional resident positions will also encourage innovation in education that will improve patient care, enable physicians in different disciplines to work together and will incorporate state-of-the-art models of clinical care, including VA’s renowned quality and patient safety programs and electronic medical record system. [Source: AP article & TREA Washington Update 12 Oct 07 ++]


MARINE RESERVE BONUS: The Marines are offering the following expanded bonuses for affiliation with a Marine Corps Reserve drilling unit:
• Prior-service corporals, sergeants and staff sergeants who join a unit within three years of leaving active duty will get a $15,000 bonus.
• Enlisted Marines already assigned to a drilling unit who re-enlist for three years will garner $7,500 for a first-time re-enlistment and $6,000 for subsequent re-enlistments. Such re-enlistments include a supplementary “kicker” of up to $350 monthly under the Montgomery GI Bill-Selected Reserve (MGIB-SR).
• High school graduates who agree to serve in drilling units for six years after completing initial pipeline training, plus an additional two years in the Individual Ready Reserve, will receive a $20,000 bonus. They also will be eligible for the $350 MGIB-SR kicker.
• Company-grade officers who left the active component within the last three years and join a drilling unit in fiscal 2008 will be eligible for a $10,000 affiliation bonus.
MarAdmins 567/07, 568/07, 572/07 and 573/07 apply to enlisted Marines, and MarAdmin 566/07 applies to officers. [Source: Armed Forces News 12 Oct 07 ++]


OVERSEAS HOLIDAY MAILING 2007: Officials at the Military Postal Service Agency in Washington have established dates by for sending mail from the United States to overseas military mailing addressees for the holidays. In order to get holiday gifts to deployed service members by 25 DEC, mailers should heed the U.S. Postal Service’s suggested deadlines. Parcel post packages to deployed troops and those living on overseas installations should be sent by 13 NOV. Customers missing the parcel post deadline have the following options: Space-Available Mail (SAM) – 27 NOV; Parcel Airlift Mail (PAL) – 4 DEC (except for ZIP codes starting with 093, which is 1 DEC); Priority Mail and first-class letters and cards – 11 DEC (093 ZIP codes: 4 DEC); Express Mail Military Services – 18 DEC (not available to 093 ZIP codes). Parcel post packages sent to arrive by the start of Hanukkah at sundown 4 DEC should be mailed by 23 OCT. For other Hanukkah mailings, subtract 21 days from the deadlines listed above. To check mailing costs, visit http://www.usps.com, click on “calculate postage,” then “calculate domestic postage.” [Source: Armed Forces News 12 Oct 07 ++]


VA OBESITY INITIATIVE UPDATE 02: NC8-TV Washington, DC broadcast on 9 OCT a report on a growing problem that's troubling the Department of Veterans Affairs. Namely, why are so many military veterans becoming obese and developing diabetes? Now the VA is looking into possible causes and promising cures. Former VA Secretary James Nicholson was shown saying, "We have an epidemic of diabetes among veterans in our country, and it's mostly adult-onset Type 2 diabetes, which is preventable." NC8 added, "At health fairs like this one at Washington's VA Medical Center, they're getting the word out. ... On the food front, they're researching veteran-specific nutrition." VA researcher Dr. William Yancey was shown saying, "We've specifically looked at low-carbohydrate diets and found pretty profound effects that their blood sugar's improved dramatically and they can come off some of their diabetes medications." The station added, "Like most doctors, VA health providers say diet and exercise are important to preventing obesity and the diabetes that often comes with it, but they say there are factors that might make veterans more susceptible to these diseases. A key worry – stress. ... The VA says it's adding stress-reduction therapy to weight loss programs and doing what it can to encourage vets." Nicholson was shown saying veterans are being urged to be more conscious of how they're eating and we're giving them prescriptions of how to do this better too. [Source: VSLO Office of the Secretary of Veterans Affairs 9 Oct 07 ++]


VA FLU SHOTS: Flu season will soon be here and veterans, especially the more elderly, are encouraged to get their shots. Most VA Medical Centers (VAMCs) are making preparations to administer these shots at no charge to enrolled veterans. If in doubt whether or not yours will be scheduling shots it is recommended you contact them. Shots are at no charge to enrolled veterans who would normally pay $20 to $30 if they were to obtain them through local medical services. Following are a few locations that have already made announcements:

• The Portland VA Medical Center has announced a series of flu vaccination clinics for enrolled veterans. The clinics will be held at VA facilities in Southwest Portland, East Portland, Bend, Salem, Warrenton and Vancouver Oregon.For a schedule of dates and times, go to www.visn20.med.va.gov/portland or call 503-220-8262, ext. 155725.
• "The Jack C. Montgomery VA Medical Center reminds all enrolled veterans that the flu vaccine is now available to veterans during their regularly scheduled appointments beginning 22 OCT through JAN 07. There will be also be a walk-in flu clinic from 8:30 a.m. to noon and 1 to 3 p.m. 5-9 NOVin the medical center's auditorium on the second floor at the south end.
• Veterans enrolled in VA health care may obtain flu vaccines at upcoming walk-in clinics scheduled the following Saturdays and Sundays, 13, 14, 20, 21, 27, and 28 OCT at VA Western New York Healthcare System, 3495 Bailey Avenue. Enrolled veterans may also contact their primary care provider to obtain the vaccine. There is no charge for the flu vaccine for veterans enrolled in VA health care.
[Source: Various Oct 07 ++]


VA HEALTH CARE FUNDING UPDATE 11: Lt. Gov. Pat Quinn has asked county boards in all 102 counties to approve placing an advisory referendum on the February primary election ballot asking voters whether the federal government should be required to adopt mandatory full funding of the Department of Veterans Affairs for the purpose of ensuring that all eligible honorably discharged U.S. veterans receive quality and accessible health care. In a letter to county clerks, Quinn said the issue of veterans' health care is of paramount importance to Illinois voters. Many county clerks agree with Quinn, but said costs for the county will be increased if any referendum is placed on the primary ballot. Perry County Clerk Kevin Kern, who serves as treasurer of the Illinois Association of County Clerks and Recorders (IACCR), said election costs are driven by the number of ballot styles that must be produced. With a referendum on the primary ballot, a non-partisan ticket would need to be printed in addition to specific party tickets. Costs of the programming of the ballots, paired with printing expenses and newspaper listing publication, would cost each county thousands of dollars, said Jackson County Clerk Larry Reinhardt, who serves as president of the IACCR.

The increased cost is not the only concern of county clerks. Kern said since the referendum is advisory, it is simply meant to demonstrate support and would not create any binding effects. "Advisory basically means it isn't worth the paper it was printed on," Kern said. Placing a referendum on the primary ballot would also require additional education and training for poll workers. Quinn and his citizen support organization sent letters petitioning support for the referendums in September, stating that three counties, including Jefferson County, had already approved the referendum. Jefferson County Clerk Connie Simmons said the county board did approve the referendum but did not consult her before doing so. She would have advised the board to discuss placing the referendum on the November 2008 general election ballot. Reinhardt said a vast majority of county clerks in attendance at the IACCR's convention in September agreed that supporting a November referendum would be the preferred action. After the September convention and the letter from Quinn, Kern sent a letter of response to the lieutenant governor, addressing some of his concerns and also showing support for the overall goal of the proposal. "I think most all citizens would share Lt. Gov. Qinn's view that veterans' health care should rightfully be a high priority," Kern wrote in the letter. "Knowing that the lieutenant governor is also a watchdog for government waste and inefficiency, I would hope he would advocate that such a referendum be placed on a general election ballot when there would be much less added cost or confusion." [Source: The Sourthern Illoisan Testa article 10 Oct 07 ++]


WEST VIRGINIA VET CEMETERY: West Virginia veterans might get a final resting place near Institute in the first state-run veterans cemetery if a proposal sparked by Veterans Affairs Director Larry Linch is acceptable to Gov. Joe Manchin. Linch compiled a lengthy study on the proposal and outlined much of its contents 9 OCT to Select Committee B on Veterans Issues, saying the Veterans Council eyed two other potential sites — Carnifex Ferry Battlefield State Park near Summersville and land offered by a church in Logan County. “That was one of the issues that actually has been on the books since 1970 — that the state should run a veterans cemetery. But there had never been a funding source.” Linch said. All that changed, however, with the advent of the special veterans scratch-off lottery, and Linch is asking Manchin to sanction a second one in case a backup is needed. Linch quoted Lottery Commission officials as telling him the veterans scratch-off is the most consistently selling of the state-run lotteries. On average, it rakes in $952,000 in sales, of which $700,000 is dedicated to bonds. That leaves $252,000, along with $70,000 a year in interest, meaning the Veterans Council is only about $5,000 shy of meeting the estimated $327,105 to get the cemetery functioning. Dow Chemical is putting up a 300-acre tract on which a house of worship is going up, Linch pointed out.
The West Virginia Veterans Council is composed of men and women who served in World War II, Korea, Vietnam and Desert Storm and Operation Enduring Freedom in Iraq and Afghanistan. A federally run cemetery in Grafton contains some 5,690 graves, adding 30 each month. For years, prevailing sentiment has focused on creating a veterans cemetery in southern West Virginia, the director said. “This is something that can be done in two to three years, if the governor gives us authority to proceed,” he said. There are some 32,000 veterans in southern West Virginia, and by that, Linch defines them as residents south of U.S. 33. Of that number, more than half — 19,000 — are in Kanawha County, it was pointed out. Sen. Jon Blair Hunter, D-Monongalia, himself a Korean War veteran, suggested the idea of a state-run cemetery open exclusively to veterans and their spouses would be an appealing idea, based on the camaraderie among those once in uniform. “There’s a sense among veterans that they want to be with other veterans,” he said. [Source: Register-Herald Reporter Mannix Porterfield article 10 Oct 07 ++]


VA POLYTRAUMA REHABILITATION CENTERS: On 25 SEP 07 the House Veterans' Affairs Oversight and Investigations Subcommittee held a hearing on the Department of Veterans' Affairs (VA) Polytrauma Rehabilitation Centers (PRCs) and their management issues. The hearing focused on VA Central Office’s oversight over the PRCs and specific management issues affecting the Palo Alto PRC. Polytrauma Rehabilitation Centers provide acute rehabilitative care to seriously injured service members. They are managed locally, but are part of a national program supervised by the Office of Patient Care Services in the Veterans Health Administration. The Committee found that PRCs were not using or had never heard of the Joint Patient Tracking Application and the Veteran Tracking Application systems. Critical medical information was being transferred through multiple phone calls, e-mails, faxes, and videoconferencing instead of using an electronic system. In addition, PRCs have not completed securing access to department facilities and computer network. Two PRCs were highlighted with specific issues. Visits to Palo Alto PRC by the VA’s Office of Medical Investigations and Congressional staffers found disarray, morale problems, insufficient programs for families, and a lack of leadership. This lack of staffing and resources has caused a history of empty beds. Data revealed Palo Alto on average has been filled only 60%, while the remaining PRCs combined have been operating at 98% of capacity. Palo Alto’s policy of not accepting minimally responsive brain injured patients resulted in a higher rejection rate. The VA has since forced Palo Alto to accept these patients. In addition to the inefficiencies at Palo Alto, the Minneapolis PRC was found to have an unusually high turnover rate of active duty military liaisons. [Source: NMFA Government and You E-News 10 Oct 07 ++]


VA CLINIC INDIANAPOLIS IN: The Department of Veterans Affairs (VA) will augment its health care to local veterans with a $9.9 million grant received 10 OCT from the Lilly Endowment Inc. The Indianapolis-based philanthropic foundation is providing the funds to the Richard L. Roudebush VA Medical Center to support a new clinic for injured service members returning from Iraq and Afghanistan and other projects, including a “comfort home” serving families of hospitalized service members while their loved ones undergo rehabilitation. The grant will provide $5.8 million for a 24,000-square-foot Seamless Transition Integrated Care Clinic where returning troops will receive comprehensive multidisciplinary health care. Another $3.5 million will be used to build a 28-suite comfort home that will provide accommodations for veterans’ families during extended periods of care. In addition, the endowment is funding retreats at which veterans and their spouses or loved ones can reunite and learn to work through readjustment issues typically associated with returning from deployment. Another $500,000 is designated for rehabilitation events, including the National Veterans Golden Age Games, which the Roudebush VA Medical Center will host in the summer of 2008. This senior adaptive rehabilitation program is designed to improve the quality of life for older veterans, including those with a wide range of abilities and disabilities. The Lilly Endowment was established in 1937 by members of the Lilly family as a vehicle to pursue their personal philanthropic interests. It is separate from the Eli Lilly and Co. pharmaceutical firm and is independently managed. [Source: VACO OPIA Report 10 Oct 07 ++]

VA VISTA UPDATE 01: A day-long system outage at a new Veterans Affairs Department data processing center in northern California on 31 AUG 07 crippled critical information systems used to manage patient care at VA hospitals and clinics scattered across more than a third of the world, according to details from an internal VA after-action report. The outage at the VA's Sacramento, Calif., regional center was the longest of 14 disruptions since that facility started hosting the suite of clinical applications that make up the Veterans Health Information System and Technology Architecture (VistA) earlier this year. According to internal briefings, the Sacramento facility was created as part of a move by the VA to shift VistA computer operations from 126 local sites to four regional centers. Since April, problems at the Sacramento center resulted in VistA downtime ranging from 15 minutes to the nine-hour outage on 31 AUG. That event knocked out vital information systems at hospitals and clinics operated by the Veterans Health Administration in Alaska, northern California, Los Angeles, Hawaii, Guam, Idaho, Nevada, Oregon, west Texas, American Samoa, the Philippines and Washington state.

The Sacramento failure first publicly surfaced at a hearing of the Senate Veterans Affairs Committee on 19 SEP, when Robert Howard, the VA's assistant secretary for information and technology, acknowledged it in response to a question by Sen. Patty Murray (D-WA). Howard characterized the outage as a big deal, but provided no details on its scope, scale or impact on patient care. But Dr. Ben Davoren, director of clinical informatics at the San Francisco VA Medical Center, told a hearing of the House Veterans Affairs Committee last week that the failure on 31 AUG was "the most significant technological threat to patient safety VA has ever had." Dr. Bryan Volpp, associate chief of staff for clinical informatics at the VA's Northern California Healthcare System, told the House that the 31 AUG outage all but sent VA hospitals and clinics in the western United States back to the paper age. The outage, Volpp testified, forced medical staff to shift from the use of electronic medical records to writing notes and summaries on paper. Outpatient surgery was delayed because clinicians could not access forms, and doctors could not access electronic records for patients with scheduled appointments. Patients discharged that day could not be scheduled for follow-up appointments electronically. Pharmacies at VA facilities connected to the Sacramento data center sputtered to a halt, Volpp said, because labeling and automatic dispensing equipment are controlled by VistA applications. Paper records from 31 AUG must be inputed into the electronic system by hand, Volpp said, a process that will take months.

Both Volpp and Davoren testified that the outage hit 17 VA medical facilities. But more than one VA medical staffer told Government Executive that this figure understates the scope of the outage, because the 17 are in turn electronically linked to numerous clinics and outpatient facilities. A VA source in Hawaii said the Honolulu VA medical center's information systems were knocked out "because we use the Sacramento server, and Guam was knocked out because it goes through us." The San Francisco VA hospital, another source said, is electronically linked to multiple clinics in its area, as are hospitals and clinics in the region connected to the Sacramento data center. While top VA information technology managers have touted the establishment of regional data centers as a way to eliminate downtime, insure continuity of operations and improve disaster recovery, Davoren told the House hearing that the 31 AUG outage indicated to him that the regional model introduced a new single point of failure. He testified that in case of an outage, the Sacramento data center was supposed to "failover" to another regional center in Denver, but did not. The after-action report did not address why this switchover did not happen. Volpp testified that another backup system, a read-only backup of patient data, was unavailable on 31 AUG due to work by the Sacramento center to recreate accounts holding the data.

The VA's plans to establish four regional data centers are part of an overall effort to centralize IT resources and personnel to help eliminate the computer security breaches that have plagued the VA over the past year. But Davoren told the House hearing that medical center employees expressed concerns as early as 2005 that "the regionalization of IT resources would create new points of failure that could not be controlled by the sites experiencing the impact, and that the system redundancy required to prevent this was never listed as a prerequisite to centralization of critical patient care IT resources." The VA did not immediately respond to queries from Government Executive about the outages in Sacramento or how it intends to remedy the situation. Howard, the VA IT director, told the Senate VA hearing on 19 SEP that the department intends to add "more robust backup capability" to help mitigate system downtime at the regional data centers. Howard added that his staff is examining whether or not there is something about the VistA software itself -- developed over years and hosted at the local medical facility level -- that does not lend itself to hosting at a regional data center. Until that process is completed, Howard said the VA will cease any further migration of VistA applications to regional data centers. [Source: GOVExec.com Bob Brewin article 5 Oct 07 ++]


CHECK/MONEY ORDER SCAMS: Investigators led by the U.S. Postal Inspection Service have arrested 77 people as part of a global fraud crackdown that intercepted more than $2.1 billion in counterfeit checks bound for the United States. The eight-month investigation involved schemes in Nigeria, the Netherlands, England and Canada, and has stopped more than half a million fake checks from being mailed to American victims. International scammers have found U.S. consumers easy prey and are increasingly targeting them. "All fake check scams have the same common pattern: Scammers contact victims online or through the mail and send them checks or money orders. They then ask that some portion of the money be wired back to them," said Postmaster General John Potter. "The best thing our citizens can do to protect themselves is learn how to avoid these scams. The old adage still holds true: If someone offers you a deal that sounds too good to be true, it probably is." Susan Grant, vice president of the National Consumers League said, "Most Americans don't realize they are financially liable when they fall for these scams. There is no legitimate reason anyone would mail you a check or money order and then ask you to wire money in return. People need to know that checks can take months to clear, even if the money initially looks like it's in your account. The scammers know that, and most consumers don't." The six most popular scams are:

• Foreign Business Offers: Scammers pretend to be businesspeople or government officials and promise millions of dollars. But real companies and government agencies don't offer legitimate business propositions to people they don't know.
• Love Losses: The scammer poses as a romantic interest online, and promises to come to the U.S. to be with the victim. Soon after, the online friend asks the victim to cash a check or money order to cover "travel expenses."
• Overpayments: Scammers buy merchandise online, and then claim they mailed the wrong amount by mistake. The seller is asked to deposit the "wrong" check anyway, and then return the "excess" amount to the scammer. But the check doesn't clear, and the victim has sent the scammer his own money.
• Rental Schemes: Scammers claim to be moving to the area, and put down a rental deposit. Then they tell their landlord they have unexpected expenses, so they ask for some of their deposit back as a favor. They never move in, and the deposit check never clears.
• Sudden Riches: The scammer claims the victim has won a foreign lottery or sweepstakes. The notice comes by mail, phone, fax or email. Consumers should know that winners of real cash prizes are notified by certified mail. Also, keep in mind that you can't win a lottery you didn't enter.
• Work-at-Home: The scams promise easy money by "processing" checks. The victim deposits the checks and sends the money to the scammer, minus a small fee. Legitimate companies don't do business like this.

If consumers believe they have been defrauded by a scam, the Postal Inspection Service wants to hear from them. These crimes can be reported by calling 1(800) 372-8347.
[Source: Consumer affairs article 4 Oct 07 ++]


FUNERAL HONORS UPDATE 03: As with the military itself, our armed forces' final farewell to comrades is steeped in tradition and ceremony.

1. Prominent in a military funeral is the flag-draped casket. The blue field of the flag is placed at the head of the casket, over the left shoulder of the deceased. The custom began in the Napoleonic Wars of the late 18th and early 19th centuries, when a flag was used to cover the dead as they were taken from the battlefield on a caisson.
2. One will notice, during a military funeral that the horses that pull the caisson which bears the body of the veteran are all saddled, but the horses on the left have riders, while the horses on the right do not. This custom evolved from the days when horse-drawn caissons were the primary means of moving artillery ammunition and cannon, and the riderless horses carried provisions.
3. The single riderless horse that follows the caisson with boots reversed in the stirrups is called the "caparisoned horse" in reference to its ornamental coverings, which have a detailed protocol all to themselves. By tradition in military funeral honors, a caparisoned horse follows the casket of an Army or Marine Corps officer who was a colonel or above, or the casket of a president, by virtue of having been the nation's military commander in chief. The custom is believed to date back to the time of Genghis Khan, when a horse was sacrificed to serve the fallen warrior in the next world. The caparisoned horse later came to symbolize a warrior who would ride no more. Abraham Lincoln, who was killed in 1865, was the first U.S. president to be honored with a caparisoned horse at his funeral.
4. Graveside military honors include the firing of three volleys each by seven service members. This commonly is confused with an entirely separate honor, the 21-gun salute. But the number of individual gun firings in both honors evolved the same way.
a. The three volleys came from an old battlefield custom. The two warring sides would cease hostilities to clear their dead from the battlefield, and the firing of three volleys meant that the dead had been properly cared for and the side was ready to resume the battle.
b. The 21-gun salute traces its roots to the Anglo-Saxon empire, when seven guns constituted a recognized naval salute, as most naval vessels had seven guns. Because gunpowder in those days could be more easily stored on land than at sea, guns on land could fire three rounds for every one that could be fired by a ship at sea.
c. Later, as gunpowder and storage methods improved, salutes at sea also began using 21 guns. The United States at first used one round for each state, attaining the 21-gun salute by 1818. The nation reduced its salute to 21 guns in 1841, and formally adopted the 21-gun salute at the suggestion of the British in 1875.

5. A U.S. presidential death also involves other ceremonial gun salutes and military traditions. On the day after the death of the president, a former president or president-elect -- unless this day falls on a Sunday or holiday, in which case the honor will rendered the following day -- the commanders of Army installations with the necessary personnel and material traditionally order that one gun be fired every half hour, beginning at reveille and ending at retreat.
6. On the day of burial, a 21-minute gun salute traditionally is fired starting at noon at all military installations with the necessary personnel and material. Guns will be fired at one-minute intervals. Also on the day of burial, those installations will fire a 50-gun salute -- one round for each state -- at five- second intervals immediately following lowering of the flag.
7. The playing of "Ruffles and Flourishes" announces the arrival of a flag officer or other dignitary of honor. Drums play the ruffles, and bugles play the flourishes – one flourish for each star of the flag officer's rank or as appropriate for the honoree's position or title. Four flourishes is the highest honor.
When played for a president, "Ruffles and Flourishes" is followed by "Hail to the Chief," which is believed to have been written in England in 1810 or 1811 by James Sanderson for a play by Sir Walter Scott called "The Lady of the Lake." The play began to be performed in the United States in 1812, the song became popular, and it became a favorite of bands at festive events. It evolved to be used as a greeting for important visitors, and eventually for the president, though no record exists of when it was first put to that use.
8. The bugle call "Taps" originated in the Civil War with the Army of the Potomac. Union Army Brig. Gen. Daniel Butterfield didn't like the bugle call that signaled soldiers in the camp to put out the lights and go to sleep, and worked out the melody of "Taps" with his brigade bugler, Pvt. Oliver Wilcox Norton. The call later came into another use as a figurative call to the sleep of death for soldiers. Another military honor dates back only to the 20th century. The missing-man formation usually is a four-aircraft formation with the No. 3 aircraft either missing or performing a pull-up maneuver and leaving the formation to signify a lost comrade in arms. While this can change slightly from service-to-service, and -- based on preferences of family members, below is the standard sequence of events for a military funeral at Arlington National Cemetery:

• The caisson or hearse arrives at grave site, everyone presents arms.
• Casket team secures the casket, NCOIC, OIC and chaplain salute.
• Chaplain leads the way to grave site, followed by casket team.
• Casket team sets down the casket and secures the flag.
• The NCOIC ensures the flag is stretched out and level, and centered over the casket.
• NCOIC backs away and the chaplain, military or civilian, will perform the service.
• At conclusion of interment service and before benediction, a gun salute is fired for those eligible ( i.e. general officers).
• Chaplain concludes his service and backs away, NCOIC steps up to the casket.
• The NCOIC presents arms to initiate the rifle volley.
• Rifle volley complete, bugler plays "Taps."
• Casket-team leader starts to fold the flag.
• Flag fold complete, and the flag is passed to the NCOIC, OIC.
• Casket team leaves grave site.
• NCOIC, OIC either presents the flag to the next of kin, or if there is a military chaplain on site he will present the flag to the chaplain, and then the chaplain will present to the next of kin.
• Arlington Lady presents card of condolences to the next of kin.
• The only person remaining at the grave is one soldier, the vigil. His mission is to watch over the body until it is interred into the ground.
[Source: http://dva.state.wi.us/Ben_funeralhonors.asp Jul 07 ++]

[boardman]

RAO Bulletin Update 15 October 2007

THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

VA Physician Quals ---- (Hiring system validity questioned)
Marine Reserve Bonus ----------------------------- (Expanded)
Overseas Holiday Mailing 2007 -------------- (mailing dates)
VA Obesity Initiative [02] ------------ (Epidemic of diabetes)
VA Flu Shots --------------------------------- (2007/08 Season)
VA Health Care Funding [11] --------------- (IL referendum)
West Virginia Vet Cemetery ------------ (Funded by Lottery)
VA Polytrauma Rehab Centers ------------ (Not up to speed)
VA Clinic Indianapolis IN ---------------------- (Fund source)
VA VistA [01 ----------------- (Outage cripples patient care)
Check/Money Order Scams --------- (Consumers easy prey)
Funeral Honors [03] --------------- (Customs and Traditions)
Arlington National Cemetery [01] -------- (Good thru 2060)
VA Facility Expansion [10] -------------- (Chicago VA-DoD)
MA DPL Data Breach ------------- (450,000 SSN’s released)
SBP Basics [02] -------------------------- (Good or Bad deal?)
Tricare Reserve Select [08] -------- (Continuation coverage)
CT Vets Wartime Service Medal ------ (270K Vets Eligible)
VA CWT & IT ------------------------ (Change in Tax Status)
VDBC [22] ------------------------- (25% Disability Pay Hike)
VDBC [23] ------------------------ (Action delayed until 2008)
Medicare Rates 2008 --------------------- ($2.90 Increase/mo)
NDAA 2008 [09] ------------------------- (Senate Bill Passed)
VA Polytrauma Care [01] -------------- (5th PRC Announced)
Medicare Part D [16] ---------- (Closing the Doughnut Hole)
Canadian Nat Mil Cemetery --------- (Available to U.S. Vets)
Military Related Job Fairs [01] -------------- (15 thru 31 Oct)
Veteran Legislation Status 30 SEP 07 ---- (Where We Stand)


VA PHYSICIAN QUALIFICATIONS: Sens. Dick Durbin and Barack Obama say their own investigation raises serious questions about Veterans Affairs Department claims that officials couldn't have known about a surgeon's troubling history before he was hired at an Illinois VA hospital. In a harshly worded letter to acting Secretary of Veterans Affairs Gordon Mansfield on 11 OCT, the Illinois Democrats said their staffs easily found enough information to warrant a closer look at the qualifications of Dr. Jose Veizaga-Mendez. Veizaga-Mendez resigned from the Marion, Ill., VA hospital in August, shortly before the hospital suspended inpatient surgeries because of a spike in post-surgical deaths, reportedly from OCT 2006 to March of this year. Durbin has said he was told that nine people died at the Marion hospital during an unspecified six-month period when the typical mortality rate would have been two. He also has said that after hearing from Dr. Michael Kussman, a VA undersecretary, it is clear Veizaga-Mendez had some involvement with those surgeries.

Veizaga-Mendez was hired in Marion even though he was barred from practicing in Massachusetts last year after accusations of grossly substandard care. "It appears the VA's efforts to discover the truth about Dr. Veizaga-Mendez, his past professional history, and the circumstances surrounding his license forfeiture were far from adequate and may have put the veterans seeking care at Marion in danger," the senators wrote. In a statement Thursday, the VA said it conducts a thorough background check that includes verification of professional credentials, competence, personal backgrounds and checks them against the national Practitioner Data Bank-Healthcare Integrity and Protection Data Bank. But Durbin and Obama said Kussman and another VA undersecretary, Dr. Gerald Cross, had said it was impossible for the VA to know whether Veizaga-Mendez had accurately described why he had surrendered his license in Massachusetts. "A cursory check by our staff of publicly available information has cast doubt on the validity of that claim," they wrote. Some of the information was readily available on the website of the Massachusetts Board of Registration in Medicine, the senators said. At the time the doctor was hired at Marion, information about medical malpractice payments he had made in 2004 and 2005, as well as the fact that he had been the subject of a hospital disciplinary action, were available on the website, they said.

In a separate announcement the VA said that they will be adding 2,000 advanced residency positions for Doctors in the next 5 years. The VA already helps to train nearly half of all physicians in the United States. Presently every year 31,000 medical residents and 16,000 medical students receive some of their training at a VA facility. In JUL the VA added 341 new positions. Through its affiliations with medical schools and universities, the VA is the largest provider of health care training in the United States. Currently, 130 VA medical facilities are affiliated with 107 of the nation's 126 medical schools. These training positions address VA’s critical needs and provide skilled health care professionals for the entire nation. The additional resident positions will also encourage innovation in education that will improve patient care, enable physicians in different disciplines to work together and will incorporate state-of-the-art models of clinical care, including VA’s renowned quality and patient safety programs and electronic medical record system. [Source: AP article & TREA Washington Update 12 Oct 07 ++]


MARINE RESERVE BONUS: The Marines are offering the following expanded bonuses for affiliation with a Marine Corps Reserve drilling unit:
• Prior-service corporals, sergeants and staff sergeants who join a unit within three years of leaving active duty will get a $15,000 bonus.
• Enlisted Marines already assigned to a drilling unit who re-enlist for three years will garner $7,500 for a first-time re-enlistment and $6,000 for subsequent re-enlistments. Such re-enlistments include a supplementary “kicker” of up to $350 monthly under the Montgomery GI Bill-Selected Reserve (MGIB-SR).
• High school graduates who agree to serve in drilling units for six years after completing initial pipeline training, plus an additional two years in the Individual Ready Reserve, will receive a $20,000 bonus. They also will be eligible for the $350 MGIB-SR kicker.
• Company-grade officers who left the active component within the last three years and join a drilling unit in fiscal 2008 will be eligible for a $10,000 affiliation bonus.
MarAdmins 567/07, 568/07, 572/07 and 573/07 apply to enlisted Marines, and MarAdmin 566/07 applies to officers. [Source: Armed Forces News 12 Oct 07 ++]


OVERSEAS HOLIDAY MAILING 2007: Officials at the Military Postal Service Agency in Washington have established dates by for sending mail from the United States to overseas military mailing addressees for the holidays. In order to get holiday gifts to deployed service members by 25 DEC, mailers should heed the U.S. Postal Service’s suggested deadlines. Parcel post packages to deployed troops and those living on overseas installations should be sent by 13 NOV. Customers missing the parcel post deadline have the following options: Space-Available Mail (SAM) – 27 NOV; Parcel Airlift Mail (PAL) – 4 DEC (except for ZIP codes starting with 093, which is 1 DEC); Priority Mail and first-class letters and cards – 11 DEC (093 ZIP codes: 4 DEC); Express Mail Military Services – 18 DEC (not available to 093 ZIP codes). Parcel post packages sent to arrive by the start of Hanukkah at sundown 4 DEC should be mailed by 23 OCT. For other Hanukkah mailings, subtract 21 days from the deadlines listed above. To check mailing costs, visit http://www.usps.com, click on “calculate postage,” then “calculate domestic postage.” [Source: Armed Forces News 12 Oct 07 ++]


VA OBESITY INITIATIVE UPDATE 02: NC8-TV Washington, DC broadcast on 9 OCT a report on a growing problem that's troubling the Department of Veterans Affairs. Namely, why are so many military veterans becoming obese and developing diabetes? Now the VA is looking into possible causes and promising cures. Former VA Secretary James Nicholson was shown saying, "We have an epidemic of diabetes among veterans in our country, and it's mostly adult-onset Type 2 diabetes, which is preventable." NC8 added, "At health fairs like this one at Washington's VA Medical Center, they're getting the word out. ... On the food front, they're researching veteran-specific nutrition." VA researcher Dr. William Yancey was shown saying, "We've specifically looked at low-carbohydrate diets and found pretty profound effects that their blood sugar's improved dramatically and they can come off some of their diabetes medications." The station added, "Like most doctors, VA health providers say diet and exercise are important to preventing obesity and the diabetes that often comes with it, but they say there are factors that might make veterans more susceptible to these diseases. A key worry – stress. ... The VA says it's adding stress-reduction therapy to weight loss programs and doing what it can to encourage vets." Nicholson was shown saying veterans are being urged to be more conscious of how they're eating and we're giving them prescriptions of how to do this better too. [Source: VSLO Office of the Secretary of Veterans Affairs 9 Oct 07 ++]


VA FLU SHOTS: Flu season will soon be here and veterans, especially the more elderly, are encouraged to get their shots. Most VA Medical Centers (VAMCs) are making preparations to administer these shots at no charge to enrolled veterans. If in doubt whether or not yours will be scheduling shots it is recommended you contact them. Shots are at no charge to enrolled veterans who would normally pay $20 to $30 if they were to obtain them through local medical services. Following are a few locations that have already made announcements:

• The Portland VA Medical Center has announced a series of flu vaccination clinics for enrolled veterans. The clinics will be held at VA facilities in Southwest Portland, East Portland, Bend, Salem, Warrenton and Vancouver Oregon.For a schedule of dates and times, go to www.visn20.med.va.gov/portland or call 503-220-8262, ext. 155725.
• "The Jack C. Montgomery VA Medical Center reminds all enrolled veterans that the flu vaccine is now available to veterans during their regularly scheduled appointments beginning 22 OCT through JAN 07. There will be also be a walk-in flu clinic from 8:30 a.m. to noon and 1 to 3 p.m. 5-9 NOVin the medical center's auditorium on the second floor at the south end.
• Veterans enrolled in VA health care may obtain flu vaccines at upcoming walk-in clinics scheduled the following Saturdays and Sundays, 13, 14, 20, 21, 27, and 28 OCT at VA Western New York Healthcare System, 3495 Bailey Avenue. Enrolled veterans may also contact their primary care provider to obtain the vaccine. There is no charge for the flu vaccine for veterans enrolled in VA health care.
[Source: Various Oct 07 ++]


VA HEALTH CARE FUNDING UPDATE 11: Lt. Gov. Pat Quinn has asked county boards in all 102 counties to approve placing an advisory referendum on the February primary election ballot asking voters whether the federal government should be required to adopt mandatory full funding of the Department of Veterans Affairs for the purpose of ensuring that all eligible honorably discharged U.S. veterans receive quality and accessible health care. In a letter to county clerks, Quinn said the issue of veterans' health care is of paramount importance to Illinois voters. Many county clerks agree with Quinn, but said costs for the county will be increased if any referendum is placed on the primary ballot. Perry County Clerk Kevin Kern, who serves as treasurer of the Illinois Association of County Clerks and Recorders (IACCR), said election costs are driven by the number of ballot styles that must be produced. With a referendum on the primary ballot, a non-partisan ticket would need to be printed in addition to specific party tickets. Costs of the programming of the ballots, paired with printing expenses and newspaper listing publication, would cost each county thousands of dollars, said Jackson County Clerk Larry Reinhardt, who serves as president of the IACCR.

The increased cost is not the only concern of county clerks. Kern said since the referendum is advisory, it is simply meant to demonstrate support and would not create any binding effects. "Advisory basically means it isn't worth the paper it was printed on," Kern said. Placing a referendum on the primary ballot would also require additional education and training for poll workers. Quinn and his citizen support organization sent letters petitioning support for the referendums in September, stating that three counties, including Jefferson County, had already approved the referendum. Jefferson County Clerk Connie Simmons said the county board did approve the referendum but did not consult her before doing so. She would have advised the board to discuss placing the referendum on the November 2008 general election ballot. Reinhardt said a vast majority of county clerks in attendance at the IACCR's convention in September agreed that supporting a November referendum would be the preferred action. After the September convention and the letter from Quinn, Kern sent a letter of response to the lieutenant governor, addressing some of his concerns and also showing support for the overall goal of the proposal. "I think most all citizens would share Lt. Gov. Qinn's view that veterans' health care should rightfully be a high priority," Kern wrote in the letter. "Knowing that the lieutenant governor is also a watchdog for government waste and inefficiency, I would hope he would advocate that such a referendum be placed on a general election ballot when there would be much less added cost or confusion." [Source: The Sourthern Illoisan Testa article 10 Oct 07 ++]


WEST VIRGINIA VET CEMETERY: West Virginia veterans might get a final resting place near Institute in the first state-run veterans cemetery if a proposal sparked by Veterans Affairs Director Larry Linch is acceptable to Gov. Joe Manchin. Linch compiled a lengthy study on the proposal and outlined much of its contents 9 OCT to Select Committee B on Veterans Issues, saying the Veterans Council eyed two other potential sites — Carnifex Ferry Battlefield State Park near Summersville and land offered by a church in Logan County. “That was one of the issues that actually has been on the books since 1970 — that the state should run a veterans cemetery. But there had never been a funding source.” Linch said. All that changed, however, with the advent of the special veterans scratch-off lottery, and Linch is asking Manchin to sanction a second one in case a backup is needed. Linch quoted Lottery Commission officials as telling him the veterans scratch-off is the most consistently selling of the state-run lotteries. On average, it rakes in $952,000 in sales, of which $700,000 is dedicated to bonds. That leaves $252,000, along with $70,000 a year in interest, meaning the Veterans Council is only about $5,000 shy of meeting the estimated $327,105 to get the cemetery functioning. Dow Chemical is putting up a 300-acre tract on which a house of worship is going up, Linch pointed out.
The West Virginia Veterans Council is composed of men and women who served in World War II, Korea, Vietnam and Desert Storm and Operation Enduring Freedom in Iraq and Afghanistan. A federally run cemetery in Grafton contains some 5,690 graves, adding 30 each month. For years, prevailing sentiment has focused on creating a veterans cemetery in southern West Virginia, the director said. “This is something that can be done in two to three years, if the governor gives us authority to proceed,” he said. There are some 32,000 veterans in southern West Virginia, and by that, Linch defines them as residents south of U.S. 33. Of that number, more than half — 19,000 — are in Kanawha County, it was pointed out. Sen. Jon Blair Hunter, D-Monongalia, himself a Korean War veteran, suggested the idea of a state-run cemetery open exclusively to veterans and their spouses would be an appealing idea, based on the camaraderie among those once in uniform. “There’s a sense among veterans that they want to be with other veterans,” he said. [Source: Register-Herald Reporter Mannix Porterfield article 10 Oct 07 ++]


VA POLYTRAUMA REHABILITATION CENTERS: On 25 SEP 07 the House Veterans' Affairs Oversight and Investigations Subcommittee held a hearing on the Department of Veterans' Affairs (VA) Polytrauma Rehabilitation Centers (PRCs) and their management issues. The hearing focused on VA Central Office’s oversight over the PRCs and specific management issues affecting the Palo Alto PRC. Polytrauma Rehabilitation Centers provide acute rehabilitative care to seriously injured service members. They are managed locally, but are part of a national program supervised by the Office of Patient Care Services in the Veterans Health Administration. The Committee found that PRCs were not using or had never heard of the Joint Patient Tracking Application and the Veteran Tracking Application systems. Critical medical information was being transferred through multiple phone calls, e-mails, faxes, and videoconferencing instead of using an electronic system. In addition, PRCs have not completed securing access to department facilities and computer network. Two PRCs were highlighted with specific issues. Visits to Palo Alto PRC by the VA’s Office of Medical Investigations and Congressional staffers found disarray, morale problems, insufficient programs for families, and a lack of leadership. This lack of staffing and resources has caused a history of empty beds. Data revealed Palo Alto on average has been filled only 60%, while the remaining PRCs combined have been operating at 98% of capacity. Palo Alto’s policy of not accepting minimally responsive brain injured patients resulted in a higher rejection rate. The VA has since forced Palo Alto to accept these patients. In addition to the inefficiencies at Palo Alto, the Minneapolis PRC was found to have an unusually high turnover rate of active duty military liaisons. [Source: NMFA Government and You E-News 10 Oct 07 ++]


VA CLINIC INDIANAPOLIS IN: The Department of Veterans Affairs (VA) will augment its health care to local veterans with a $9.9 million grant received 10 OCT from the Lilly Endowment Inc. The Indianapolis-based philanthropic foundation is providing the funds to the Richard L. Roudebush VA Medical Center to support a new clinic for injured service members returning from Iraq and Afghanistan and other projects, including a “comfort home” serving families of hospitalized service members while their loved ones undergo rehabilitation. The grant will provide $5.8 million for a 24,000-square-foot Seamless Transition Integrated Care Clinic where returning troops will receive comprehensive multidisciplinary health care. Another $3.5 million will be used to build a 28-suite comfort home that will provide accommodations for veterans’ families during extended periods of care. In addition, the endowment is funding retreats at which veterans and their spouses or loved ones can reunite and learn to work through readjustment issues typically associated with returning from deployment. Another $500,000 is designated for rehabilitation events, including the National Veterans Golden Age Games, which the Roudebush VA Medical Center will host in the summer of 2008. This senior adaptive rehabilitation program is designed to improve the quality of life for older veterans, including those with a wide range of abilities and disabilities. The Lilly Endowment was established in 1937 by members of the Lilly family as a vehicle to pursue their personal philanthropic interests. It is separate from the Eli Lilly and Co. pharmaceutical firm and is independently managed. [Source: VACO OPIA Report 10 Oct 07 ++]

VA VISTA UPDATE 01: A day-long system outage at a new Veterans Affairs Department data processing center in northern California on 31 AUG 07 crippled critical information systems used to manage patient care at VA hospitals and clinics scattered across more than a third of the world, according to details from an internal VA after-action report. The outage at the VA's Sacramento, Calif., regional center was the longest of 14 disruptions since that facility started hosting the suite of clinical applications that make up the Veterans Health Information System and Technology Architecture (VistA) earlier this year. According to internal briefings, the Sacramento facility was created as part of a move by the VA to shift VistA computer operations from 126 local sites to four regional centers. Since April, problems at the Sacramento center resulted in VistA downtime ranging from 15 minutes to the nine-hour outage on 31 AUG. That event knocked out vital information systems at hospitals and clinics operated by the Veterans Health Administration in Alaska, northern California, Los Angeles, Hawaii, Guam, Idaho, Nevada, Oregon, west Texas, American Samoa, the Philippines and Washington state.

The Sacramento failure first publicly surfaced at a hearing of the Senate Veterans Affairs Committee on 19 SEP, when Robert Howard, the VA's assistant secretary for information and technology, acknowledged it in response to a question by Sen. Patty Murray (D-WA). Howard characterized the outage as a big deal, but provided no details on its scope, scale or impact on patient care. But Dr. Ben Davoren, director of clinical informatics at the San Francisco VA Medical Center, told a hearing of the House Veterans Affairs Committee last week that the failure on 31 AUG was "the most significant technological threat to patient safety VA has ever had." Dr. Bryan Volpp, associate chief of staff for clinical informatics at the VA's Northern California Healthcare System, told the House that the 31 AUG outage all but sent VA hospitals and clinics in the western United States back to the paper age. The outage, Volpp testified, forced medical staff to shift from the use of electronic medical records to writing notes and summaries on paper. Outpatient surgery was delayed because clinicians could not access forms, and doctors could not access electronic records for patients with scheduled appointments. Patients discharged that day could not be scheduled for follow-up appointments electronically. Pharmacies at VA facilities connected to the Sacramento data center sputtered to a halt, Volpp said, because labeling and automatic dispensing equipment are controlled by VistA applications. Paper records from 31 AUG must be inputed into the electronic system by hand, Volpp said, a process that will take months.

Both Volpp and Davoren testified that the outage hit 17 VA medical facilities. But more than one VA medical staffer told Government Executive that this figure understates the scope of the outage, because the 17 are in turn electronically linked to numerous clinics and outpatient facilities. A VA source in Hawaii said the Honolulu VA medical center's information systems were knocked out "because we use the Sacramento server, and Guam was knocked out because it goes through us." The San Francisco VA hospital, another source said, is electronically linked to multiple clinics in its area, as are hospitals and clinics in the region connected to the Sacramento data center. While top VA information technology managers have touted the establishment of regional data centers as a way to eliminate downtime, insure continuity of operations and improve disaster recovery, Davoren told the House hearing that the 31 AUG outage indicated to him that the regional model introduced a new single point of failure. He testified that in case of an outage, the Sacramento data center was supposed to "failover" to another regional center in Denver, but did not. The after-action report did not address why this switchover did not happen. Volpp testified that another backup system, a read-only backup of patient data, was unavailable on 31 AUG due to work by the Sacramento center to recreate accounts holding the data.

The VA's plans to establish four regional data centers are part of an overall effort to centralize IT resources and personnel to help eliminate the computer security breaches that have plagued the VA over the past year. But Davoren told the House hearing that medical center employees expressed concerns as early as 2005 that "the regionalization of IT resources would create new points of failure that could not be controlled by the sites experiencing the impact, and that the system redundancy required to prevent this was never listed as a prerequisite to centralization of critical patient care IT resources." The VA did not immediately respond to queries from Government Executive about the outages in Sacramento or how it intends to remedy the situation. Howard, the VA IT director, told the Senate VA hearing on 19 SEP that the department intends to add "more robust backup capability" to help mitigate system downtime at the regional data centers. Howard added that his staff is examining whether or not there is something about the VistA software itself -- developed over years and hosted at the local medical facility level -- that does not lend itself to hosting at a regional data center. Until that process is completed, Howard said the VA will cease any further migration of VistA applications to regional data centers. [Source: GOVExec.com Bob Brewin article 5 Oct 07 ++]


CHECK/MONEY ORDER SCAMS: Investigators led by the U.S. Postal Inspection Service have arrested 77 people as part of a global fraud crackdown that intercepted more than $2.1 billion in counterfeit checks bound for the United States. The eight-month investigation involved schemes in Nigeria, the Netherlands, England and Canada, and has stopped more than half a million fake checks from being mailed to American victims. International scammers have found U.S. consumers easy prey and are increasingly targeting them. "All fake check scams have the same common pattern: Scammers contact victims online or through the mail and send them checks or money orders. They then ask that some portion of the money be wired back to them," said Postmaster General John Potter. "The best thing our citizens can do to protect themselves is learn how to avoid these scams. The old adage still holds true: If someone offers you a deal that sounds too good to be true, it probably is." Susan Grant, vice president of the National Consumers League said, "Most Americans don't realize they are financially liable when they fall for these scams. There is no legitimate reason anyone would mail you a check or money order and then ask you to wire money in return. People need to know that checks can take months to clear, even if the money initially looks like it's in your account. The scammers know that, and most consumers don't." The six most popular scams are:

• Foreign Business Offers: Scammers pretend to be businesspeople or government officials and promise millions of dollars. But real companies and government agencies don't offer legitimate business propositions to people they don't know.
• Love Losses: The scammer poses as a romantic interest online, and promises to come to the U.S. to be with the victim. Soon after, the online friend asks the victim to cash a check or money order to cover "travel expenses."
• Overpayments: Scammers buy merchandise online, and then claim they mailed the wrong amount by mistake. The seller is asked to deposit the "wrong" check anyway, and then return the "excess" amount to the scammer. But the check doesn't clear, and the victim has sent the scammer his own money.
• Rental Schemes: Scammers claim to be moving to the area, and put down a rental deposit. Then they tell their landlord they have unexpected expenses, so they ask for some of their deposit back as a favor. They never move in, and the deposit check never clears.
• Sudden Riches: The scammer claims the victim has won a foreign lottery or sweepstakes. The notice comes by mail, phone, fax or email. Consumers should know that winners of real cash prizes are notified by certified mail. Also, keep in mind that you can't win a lottery you didn't enter.
• Work-at-Home: The scams promise easy money by "processing" checks. The victim deposits the checks and sends the money to the scammer, minus a small fee. Legitimate companies don't do business like this.

If consumers believe they have been defrauded by a scam, the Postal Inspection Service wants to hear from them. These crimes can be reported by calling 1(800) 372-8347.
[Source: Consumer affairs article 4 Oct 07 ++]


FUNERAL HONORS UPDATE 03: As with the military itself, our armed forces' final farewell to comrades is steeped in tradition and ceremony.

1. Prominent in a military funeral is the flag-draped casket. The blue field of the flag is placed at the head of the casket, over the left shoulder of the deceased. The custom began in the Napoleonic Wars of the late 18th and early 19th centuries, when a flag was used to cover the dead as they were taken from the battlefield on a caisson.
2. One will notice, during a military funeral that the horses that pull the caisson which bears the body of the veteran are all saddled, but the horses on the left have riders, while the horses on the right do not. This custom evolved from the days when horse-drawn caissons were the primary means of moving artillery ammunition and cannon, and the riderless horses carried provisions.
3. The single riderless horse that follows the caisson with boots reversed in the stirrups is called the "caparisoned horse" in reference to its ornamental coverings, which have a detailed protocol all to themselves. By tradition in military funeral honors, a caparisoned horse follows the casket of an Army or Marine Corps officer who was a colonel or above, or the casket of a president, by virtue of having been the nation's military commander in chief. The custom is believed to date back to the time of Genghis Khan, when a horse was sacrificed to serve the fallen warrior in the next world. The caparisoned horse later came to symbolize a warrior who would ride no more. Abraham Lincoln, who was killed in 1865, was the first U.S. president to be honored with a caparisoned horse at his funeral.
4. Graveside military honors include the firing of three volleys each by seven service members. This commonly is confused with an entirely separate honor, the 21-gun salute. But the number of individual gun firings in both honors evolved the same way.
a. The three volleys came from an old battlefield custom. The two warring sides would cease hostilities to clear their dead from the battlefield, and the firing of three volleys meant that the dead had been properly cared for and the side was ready to resume the battle.
b. The 21-gun salute traces its roots to the Anglo-Saxon empire, when seven guns constituted a recognized naval salute, as most naval vessels had seven guns. Because gunpowder in those days could be more easily stored on land than at sea, guns on land could fire three rounds for every one that could be fired by a ship at sea.
c. Later, as gunpowder and storage methods improved, salutes at sea also began using 21 guns. The United States at first used one round for each state, attaining the 21-gun salute by 1818. The nation reduced its salute to 21 guns in 1841, and formally adopted the 21-gun salute at the suggestion of the British in 1875.

5. A U.S. presidential death also involves other ceremonial gun salutes and military traditions. On the day after the death of the president, a former president or president-elect -- unless this day falls on a Sunday or holiday, in which case the honor will rendered the following day -- the commanders of Army installations with the necessary personnel and material traditionally order that one gun be fired every half hour, beginning at reveille and ending at retreat.
6. On the day of burial, a 21-minute gun salute traditionally is fired starting at noon at all military installations with the necessary personnel and material. Guns will be fired at one-minute intervals. Also on the day of burial, those installations will fire a 50-gun salute -- one round for each state -- at five- second intervals immediately following lowering of the flag.
7. The playing of "Ruffles and Flourishes" announces the arrival of a flag officer or other dignitary of honor. Drums play the ruffles, and bugles play the flourishes – one flourish for each star of the flag officer's rank or as appropriate for the honoree's position or title. Four flourishes is the highest honor.
When played for a president, "Ruffles and Flourishes" is followed by "Hail to the Chief," which is believed to have been written in England in 1810 or 1811 by James Sanderson for a play by Sir Walter Scott called "The Lady of the Lake." The play began to be performed in the United States in 1812, the song became popular, and it became a favorite of bands at festive events. It evolved to be used as a greeting for important visitors, and eventually for the president, though no record exists of when it was first put to that use.
8. The bugle call "Taps" originated in the Civil War with the Army of the Potomac. Union Army Brig. Gen. Daniel Butterfield didn't like the bugle call that signaled soldiers in the camp to put out the lights and go to sleep, and worked out the melody of "Taps" with his brigade bugler, Pvt. Oliver Wilcox Norton. The call later came into another use as a figurative call to the sleep of death for soldiers. Another military honor dates back only to the 20th century. The missing-man formation usually is a four-aircraft formation with the No. 3 aircraft either missing or performing a pull-up maneuver and leaving the formation to signify a lost comrade in arms. While this can change slightly from service-to-service, and -- based on preferences of family members, below is the standard sequence of events for a military funeral at Arlington National Cemetery:

• The caisson or hearse arrives at grave site, everyone presents arms.
• Casket team secures the casket, NCOIC, OIC and chaplain salute.
• Chaplain leads the way to grave site, followed by casket team.
• Casket team sets down the casket and secures the flag.
• The NCOIC ensures the flag is stretched out and level, and centered over the casket.
• NCOIC backs away and the chaplain, military or civilian, will perform the service.
• At conclusion of interment service and before benediction, a gun salute is fired for those eligible ( i.e. general officers).
• Chaplain concludes his service and backs away, NCOIC steps up to the casket.
• The NCOIC presents arms to initiate the rifle volley.
• Rifle volley complete, bugler plays "Taps."
• Casket-team leader starts to fold the flag.
• Flag fold complete, and the flag is passed to the NCOIC, OIC.
• Casket team leaves grave site.
• NCOIC, OIC either presents the flag to the next of kin, or if there is a military chaplain on site he will present the flag to the chaplain, and then the chaplain will present to the next of kin.
• Arlington Lady presents card of condolences to the next of kin.
• The only person remaining at the grave is one soldier, the vigil. His mission is to watch over the body until it is interred into the ground.
[Source: http://dva.state.wi.us/Ben_funeralhonors.asp Jul 07 ++]

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