From: Director, RAO Baguio [raoemo@sbcglobal.net]
Sent: Tuesday, July 31, 2007 2:52 PM
To: patspugs@earthlink.net
Subject: RAO Bulletin Update 1 Aug 2007
Attachments: Veteran Legislation Update 07-07-30.doc
RAO Bulletin Update
1 August 2007
THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLE= S:
-- NDAA 2008 [06] .................................= (In Limbo)
-- VA
--
-- VA Data Breach [36] ................... (53 Comp= uters Lost)
-- Medicare Hospice Care ..........................= .... (How it Works)
-- Veteran Federal Employment [04] ......... (RC Vet Preference)
-- Wounded Warrior Assistance [03] …..... (Se= nate Passes Bill)
-- Mobilized Reserve 25 July 07 ................ (N= et 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)
--
-- VA Claim Backlog [09] ....... (H.R.3047 Automati= on Mandate)
-- VA Claim Backlog [10] .......... (Trial Approach Endorsement)
-- VA Lawsuit [Religious Discrimination] ..... (VA = Denies Guilt)
-- VA Lawsuit [Lack of Care] ................... (H= ealth Care Delays)
-- VA Lawsuit [Wrongful Death] ................. (V= et 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.7= 60 Funding Issue)
-- Filipino Vet Inequities [04] ............ (Pensi= ons 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 Yo= ur rights)
--
-- Tricare Data Breach .................. (Systemic Problems)
-- SDVOSB program .......................... (Disab= led Vet Contracts)
-- Federal Student Aid [01] ................ (Inter= est Suspension Bill)
-- SBA Vet Issues [05] ........... (Patriot Express Loans)
-- Chronic Lymphocytic Leukemia [01] ..............= (VA Must Pay)
-- Medicare Advantage Plans [01] ..... (Illegal/Une= thical 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 Re= port Results)
-- Horatio Alger Scholarship ................... (Military Veterans)
-- House Veterans' Affairs Committee ............ (= What it is)
-- HVAC [01] .................................... (5 Bills Passed)
-- TSA Data Breach ................. (Privacy offic= ials meet)
-- Car Key Alarm ............................... (Security Tip)
-- VA Secretary [01] ....................... (Nicho= lson Resigns)
-- Veteran Charities Review [01] ............. (Whe= re Donations Go)
-- Veteran Legislation Status 13 JUL 07 -------- (W= here We Stand)
Editor’s Note 1: Attached is a listing of veteran legislation with current cosponsor status that has been introduced in the 1= 10th 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 unt=
il the
Majority Leader reconsiders while the overall defense bill remains in limbo
with more than 300 amendments pending.&nbs=
p;
Congress will be in recess from 6 AUG to 31 AUG 07 and will not retu=
rn
until after Labor Day. Althou=
gh
Reid has made no announcements about what will happen next, the Senate is n=
ot
expected to return to work on the bill until September, after the U.S. Cent=
ral
Command issues a report on the effectiveness of the temporary surge of
VA SUICIDE CALL CENTER UPDATE 01: To ensure veterans with emot=
ional
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 a=
nd
women of VA are honored to provide.” The toll-free hot line number is
1(800) 273-TALK (8255). VA=
217;s
hot line will be staffed by mental health professionals in
=
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
VA DATA BREACH UPDATE 36: Last year, the personal informatio=
n of
over 26 million veterans and active-duty personnel was lost when a VA laptop
was stolen from the
=
VA does not know who was using the computers before they went missin=
g 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
MEDICARE HOSPICE CARE: Introduced in the
= Commercial insurers also provide hospice benefits, but the specifics= of coverage vary. Under Medicare, most expenses related to the terminal diagno= sis 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 bereavem= ent 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 witho= ut 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 physici= ans 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 prognosticatin= g, Medicare provides broad guidelines for many medical conditions but these guidelines do not represent hard-and-fast requirements. Coexisting conditio= ns 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 Fed= eral Regulations in response to a Merit System Protection Board (MSPB) decision = that affects eligibility for veterans’ preference based on a service-conne= cted disability. This action will conform OPM’s regulations with MSPB̵= 7;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 r= egulation will ensure service-connected disabled individuals discharged or released f= rom 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 poi=
nts
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 score=
s 80
points then their veterans’ preference will be added to that total. 1) Unremarri=
ed
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 usu=
al
occupations. 4) Mothers o=
f 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 Sena=
te
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 earlie=
r,
quickly approving by voice vote a $463.1 billion defense funding bill for t=
he
fiscal year that begins Oct. 1. That includes $2.2 billion to fully cover t=
he
cost of the 3.5% military raise pending in Congress, despite Bush
administration objections. The Senate’s wounded warrior package would=
: - Prov=
ide
three years of post-service military medical care to combat-injured veteran=
s; - Orde=
r 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 - Orde=
r 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 comb=
at
veterans had been tangled up in a Senate’s squabble over MOBILIZED RESERVE 25 JULY 07: The Army, Air Force and Marine Cor=
ps
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 to=
tal
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; a=
nd
the Coast Guard Reserve, 301. This brings the total National Guard and Rese=
rve
personnel who have been mobilized to 95,624, including both units and
individual augmentees. A cumu=
lative
roster of all National Guard and Reserve personnel, who are currently
mobilized, can be found at
http://www.defenselink.mil/news/Jul2007/d20070725ngr.pdf. [Source: DoD News
Release 25 Jul 07 ++] WRAMC UPDATE 11: The President’s Commis=
sion
on Care for - The =
creation
of a recovery plan for every injured veteran. - Exte=
nsion of
the Family Leave Act to allow relatives to care for an injured service memb=
er
for up to six months without losing their jobs. - Crea=
tion of
a "My eBenefits" website that centralizes all the information abo=
ut
benefits for vets and their families. - Boos=
t staff
and money for Walter Reed until it closes in the coming years. - Rest=
ructure
the disability pay systems to give the VA more responsibility for awarding
benefits. - Requ=
ire
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.&=
nbsp;
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 pu=
sh it
to $1 billion in later years, which is much less than what Congress is plan=
ning
to spend. Of 35 total
recommendations (only two of which were directed specifically at Walter Ree=
d)
just six would require legislation. The other 29 can be acted upon by the D=
efense
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 a=
re
made The Associ=
ated
Press (AP) said that among the recommendations was an indirect rebuke of th=
e 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 receiv=
e 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 MILITARY SPOUSE FRIENDLY WORKPLACES: Military Spouse magazine rec=
ently
released their list of “Top 10 Military Spouse Friendly EmployersR=
21;.
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 milita=
ry
spouses. All of the companies on the list offer comprehensive benefit packa=
ges,
job sharing, tuition assistance, on-site child care, and liberal leave and
re-employment policies. Other evaluation criteria included efforts to recru=
it
military spouses, results in recruiting spouses, and policies for spouses of
Reserve and Guard members. Other companies on the list, in order of rank, w=
ere
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 wi=
ll
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 sai=
d.
“Very few younger Americans believe that Social Security will give th=
em
much, if anything, when they retire.
Being a ‘mandatory’ program is no cure-all. We need acro=
ss
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 responsibili=
ty
is three-fold: - We m=
ust not
simply reduce the deficit, but eliminate it; - We m=
ust not
amend the tax code, but replace it; and - we m=
ust 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.” Whil=
e 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 offi=
ce
in 2001. “Veterans are absolutely a priority to me. That’s a ch=
oice
I have consciously made,” Craig said. “But a mandatory agency
budget would, in my judgment, be terrible national fiscal policy.” Wh=
ile
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 Administra=
tion
(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 prote=
ct
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 appro=
ved
drugs, they often sidestep required practices meant to protect consumers. S=
ome
Web sites sell counterfeit drugs. Although counterfeit drugs may look exact=
ly
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 c=
ontact
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 l=
ocated
in the - Be l=
icensed
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. - Requ=
ire a
prescription from your doctor or other health care professional who is lice=
nsed
to prescribe medicines. - Prov=
ide
contact information and allow you to talk to a person if you have problems =
or
questions. The National Association of Boards of Pharmacy's (N=
ABP)
Verified Internet Pharmacy Practice Sites Seal, also known as VIPPS Seal, g=
ives
a seal of approval to Internet pharmacy sites that apply and meet state
licensure requirements and other VIPPS criteria. People can be confident th=
at
Web sites that are VIPPS-approved are legitimate. Legitimate pharmacies that
carry the VIPPS® seal are listed at www.vipps.info. Unsafe Web sites: - Typi=
cally
don't know your medical history or the details about your current illness or
condition. - Send=
you
drugs with unknown quality or origin. - Coul=
d give
you the wrong medicine or another dangerous product for your illness. - May =
sell
prescription drugs even without a prescription—this is against the la=
w! - May =
not
protect your personal information. For additional info on the possible dangers of buyi=
ng
medicine online refer to http://www.fda.gov/consumer/features/drugsonline07=
07.html. [Source: FDA Consumer Update 2 Jul 07 ++]
=
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 =
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, a=
nd
requires notification only after completion of a government health study.
Dole's new measure would require notification to begin shortly after the bi=
ll's
passage. Officials at the Age=
ncy
for Toxic Substances and Disease Registry said they received some 1,500 cal=
ls
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 w=
ant to
let their representatives know how they feel on this issue can access a
preformatted letter or draft their own at&=
nbsp;
http://capwiz.com/military/issues/alert/?alertid=3D10049766&type=
=3D VA CLAIM BACKLOG UPDATE 09: House Republicans are propos=
ing 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 m=
ore
complicated ones. The Veterans
Affairs Department has a backlog of 400,000 pending claims. H.R.3047 introd=
uced
16 JUL by Rep. Doug Lamborn (R-CO) and Rep. Steve Buyer (R-IN) seeks to red=
uce
the backlog by speeding up the process.&nb=
sp;
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 compa=
nies
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 automati=
on
software where information is input and vetted with little human interactio=
n,
Lamborn said. “We think
technology is available that would speed up simple claims and requests,R=
21;
he said. “Simple claims through automation hopefully go a lot faster,=
and
that would reduce the backlog and get veterans what they deserve faster.=
221;
=
At least 20 percent of VA’s claims can likely be automated thr=
ough
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. “ThereR=
17;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 donR=
17;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 m=
ake
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 Cong=
ress
that says you’re going to do this, that and the other thing,” s=
aid
Steve Westerfeld, a VA spokesman.
[Source: Federal Times=
Amy
Doolittle article 23 Jul 07 ++] VA CLAIM BACKLOG UPDATE 10: In a Wednesday interview tap=
ed 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 growi=
ng
backlog of disability claims with a program that would assume anyone who fi=
led
for compensation deserves the payment. After the first check is issued, a c=
laim
could be reviewed, with the possibility that payments could be adjusted,
Nicholson said. This speedy p=
rocess
would apply only for initial claims, not for people already receiving
disability pay who are seeking to have their ratings revised upward. More t=
han
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 coul=
d 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 o=
ver
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 mentio=
ned
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 s=
imple
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 L=
inda
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 n=
ext
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 t=
hat
included only four ratings levels instead of the current 10. Bilmes’ idea has since been
introduced as legislation by several lawmakers. Nicholson’s endorseme=
nt
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: NavyTim=
es
Rick Maze article 26 Jul 07 ++] VA LAWSUIT (RELIGIOUS DISCRIMINATION): A former pharmacist at the Bay Pin=
es 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. K=
rop,
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 Je=
wish
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 deep=
ly
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 worke=
d as
an infectious disease clinical pharmacist and clinical residency director,
could not be reached for comment. The VA declined to comment pending an app=
eal. =
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 allow=
ed
time off for religious holidays. But she said that changed when her supervi=
sor
retired. In DEC 03, Krop said the new supervisor told her that she was taki=
ng
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 supervi=
sor
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 h=
ave
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. Le=
vesque
article 24 Jul 07 ++] VA LAWSUIT (LACK OF CARE): Frustrated by delays in health car=
e,
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 na=
med
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 d=
eath
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 co=
urt
in San Francisco, seeks broad changes in the agency as it struggles to meet
growing demands from veterans returning home from Iraq and Afghanistan. Sui=
ng
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 pr=
ompt
disability benefits, failed to add staff to reduce wait times for medical c=
are
and failed to boost services for post-traumatic stress disorder. The lawsuit
also accuses the VA of deliberately cheating some veterans by allegedly wor=
king
with the Pentagon to misclassify PTSD claims as pre-existing personality
disorders to avoid paying benefits. The VA and Pentagon have generally deni=
ed
such charges. Paul Sullivan, executive director of Veterans for Common Sens=
e,
which filed the lawsuit said, "When one of our combat veterans walks i=
nto
a VA hospital, then they must see a doctor that day. When a war veteran nee=
ds
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 soldier=
s at
Walter Reed Army Medical Center and elsewhere. The complaint seeks to repre=
sent
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 th=
em.
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 Monda=
y to
The Associated Press. The com=
plaint
says, “Unless systemic and drastic measures are instituted immediatel=
y,
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 bur=
dens
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 Viet=
nam
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 th=
at
the VA needed to fix its backlogged claims system and make other changes. =
Former national commander of the American Legion Tom Bock commented =
that
he is generally supportive of the lawsuit, although he added he does not kn=
ow
the details of it. "The fact that it's bringing attention (to the issu=
es)
to the public - that's admirable” he said. However, he does not know if a law=
suit
is the way to get the VA to make changes. Instead, he said the American Leg=
ion
has concentrated on getting the VA properly funded. Melissa W. Kasnitz, managing attor=
ney
for Disability Rights Advocates, said in a telephone interview "While
steps can and will be taken in the political arena, responsibility for acti=
on
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 fir=
m,
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 viola=
tions
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 ++] VA LAWSUIT (WRONGFUL DEATH): The family of an Iraq war ve=
teran
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 gro=
up
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 returni=
ng
from Iraq. He had nightmares, vomiting, and began drinking heavily. Depress=
ion
set in. He told his sister he had a rope and tree picked out behind the fam=
ily
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 a=
nd
he was involuntarily committed for help. He was released a few days later a=
fter
VA personnel said they couldn't make an assessment of his posttraumatic str=
ess
disorder until he was alcohol free, said the complaint. A few days later, h=
is
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: Associa=
ted
Press Jennifer Kerr article27 Jul 07 ++] WEST VIRGINIA VETERANS HOMES UPDATE 01: After nearly a year of delay=
s,
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 dedic=
ated
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 Hom=
e is
one of the last hurdles for the Clarksburg facility, said Larry Linch, state
director of Veterans Affairs. State Department of Military Affairs and Publ=
ic
Safety spokesman Joe Thornton said the nursing home should pass the inspect=
ion
with flying colors. The home passed a state inspection two weeks ago that l=
ooks
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 t=
he
first week of AUG, barring any problems brought up in the federal inspectio=
n.
Veterans are eligible for housing if they served on active duty for at leas=
t 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 wi=
th
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 pa=
ssed
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 loca=
ted
in the Village of Barboursville, fifteen miles from downtown Huntington. Ba=
sic
eligibility requirements are: - Vete=
rans
must have been discharged from the service with an honorable discharged from
service with an honorable discharge or with a general discharge under honor=
able
conditions. - Vet=
erans
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 provi=
ded
by the VA Medical Center located in Huntington. Transportation is provided =
to
the medical center three times daily. Rooms available for occupancy accommodate two, thre=
e or
four persons. Every effort is made to ensure compatibility between occupant=
s.
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 furlou=
gh
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 reside=
ncy
can be obtained through any of the West Virginia Division of Veterans Affai=
rs
Field Offices listed at http://www.wvs.state.wv.us/va/offices.htm or direct=
ly
to the home at (304) 736-1027=
. [Source: Charleston Daily Mail AP article 2=
3 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, develop=
ed
the new prosthesis. The cente=
r’s
goal is to restore natural function to amputees. =
Sgt. Juan Arredondo is one of the first people in the world to recei=
ve 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" prosth=
eses
that sense muscle movements in their user's arm and send electrical impulse=
s to
a computerized hand that is only able to move a thumb, index and middle fin=
gers
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 moto=
r in
the iLimb's wrist so that Arredondo's brain will be able to command the han=
d to
turn on its own, said Troy Farnsworth, who fitted him with the device.
Farnsworth, a prosthetic consultant to the Veterans Administration, said th=
e VA
paid for Arredondo's iLimb, which costs $60,000 to $150,000, depending on t=
he
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 repo=
rt 6%
of soldiers wounded in the Iraq conflict have injuries that required amputa=
tion
of a limb, compared with 3% in previous wars. [Source: VA News Release 23 J=
ul
& NY Daily News article 24 Jul 07 ++] FLORIDA VETERANS HOMES UPDATE 02: At one time, the idea of a 1=
20-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 t=
he
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 entan=
gled
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 anot=
her
$4 million to boost the state’s share to $10 million. While the proje=
ct
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, arg=
uing
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 architect=
ural
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 vete=
rans
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.&nb=
sp;
The veterans’ home was originally planned for Jacksonville, but
city officials never applied for the facility - even after winning a deadli=
ne
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-elec=
ted
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. “T=
he
state has met its obligations,” Proctor said. “Frankly, I think=
the
veterans organizations in the area should start talking to their congressme=
n,
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: - Repe=
al of
the VA embargo of new enrollments of Category 8 veterans: Since January 2003, the VA estimat=
es
that more than 1.5 million category 8 veterans will have been denied enroll=
ment
in the VA health care system by fiscal year 2008. - Rep=
eal of
the prohibition against Concurrent Receipt which requires a dollar-for-doll=
ar
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. - Repe=
al of
the Dependency and Indemnity Compensation-Survivor Benefit Plan Offset: Und=
er
current law, the survivors of veterans who die as a result of service-conne=
cted
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 Bene=
fit
Plan, SBP. However, if the military spouse dies from service-connected caus=
es
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. - Impr=
ovement
of the Veterans' Claims process and procedures: This legislation takes a new appro=
ach 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. B=
ernard
Sanders (I-VT) on 8 MAY 07 and referred to the Senate judiciary committee.<=
span
style=3D'mso-spacerun:yes'> To date only has two cosponsors .O=
ne way
veterans and widows can ask their Senators for their cosponsorship and acti=
ve
support of this bill is to refer to http://capwiz.com/usdr/issues/alert/?al=
ertid=3D10072701&queueid=3D[capwiz:queue_id]. Here they can automatically forwar=
d 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 unl=
ess
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 tha=
t 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 deat=
h,
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 w=
ould
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 Ear=
ly
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 retir=
ees
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 w=
ho
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 rece=
ive
VA compensation for a service-connected disability rated as totally disabli=
ng.
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 co=
st
taxpayers $660 million annually. The Veterans’ Disability Benefits
Commission was established by Congress in 2004 to study all benefits relate=
d to
death or disability brought about by military service. The Washington meeti=
ng
of the commission is one in a series, all open to the public. They have bee=
n studying
all veterans benefits for almost 4 years. Their final report is scheduled t=
o 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 c=
osponsors
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 rur=
al
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 Directo=
r of
the Office of Rural Health to carry out demonstration projects in partnersh=
ip
with the Indian Health Service to improve healthcare for Native American
veterans. The Act includes tw=
o key
provisions that will help veterans in rural areas reach healthcare faciliti=
es. 1.)
2.) The bill increases the reimbursement rates for veterans for their travel expens= es related to VA medical care so that they are compensated at the same rate pa= id 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 hel= ping veterans in rural areas obtain the health care they deserve. Veterans conce= rned 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/?alertid=3D10064941&queueid=3D13148= 82681 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 on= to 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 pol= itical fireworks, the House Veterans’ Affairs Committee moved 17 JUL to fulf= ill a 61-year-old promise some World War II veterans. The way the committee pla= ns 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 t= he U.S., the committee voted to eliminate special pensions to some severely disabled, poor and housebound U.S. veterans. Specifically, by repealing a law p= assed by Congress in 2001 that provides assistance to elder veterans over 65 who = are indigent, severely disabled and housebound. That prompted a Republican revo= lt against the Filipino Veterans Equity Act of 2007 H.R.760, even though many Republicans on the committee support giving pensions to Filipino veterans a= nd 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 clas= ses 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 rej= ect 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 unbelievabl= e. There are repercussions for this.” The Filipino veterans’ provisions in HR 760 are similar to a plan passed by the Senate Veterans= 217; 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 a= nd 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 mon=
thly
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 Clai=
ms
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 cou=
ld
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 Se=
nate
Veterans’ Affairs Committee did the same thing, he noted. Buyer, howe=
ver,
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.
FILIPINO VET INEQUITIES UPDATE 04: Republicans on the House Vet= erans 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 t= hat would have redirected the $875 million being spent on disability pay and pensions for Filipino veterans, including those who are not American citize= ns 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 to= tal up to $8,400 a year for a married veteran, and shifted the rest of the mone= y to programs that Republicans see as higher priorities. Two other blocked amendments would have eliminated the Filipino benefits altogether to increa= se 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 w= hile 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, be= fore 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 bene= fits 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 Se= nate bill also created controversy over spending money on benefits for noncitize= ns at a time when U.S. veterans can expect long delays in getting their benefi= ts claims and pensions approved because of a backlog in processing requests, w= hich 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 ille= gal. The Next Generation Common Access Card, developed to increase military ID c= ard security and effectiveness, is currently given to service members and government employees only as old ID cards expire. DoD began issuing the HSP= D-12 card in OCT 06. Among other security improvements, the new CAC system remov= ed 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 pas= sed 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 Secur= ity 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 numbe= rs to be included if they are sufficiently encrypted, committee staff said. Pentagon officials declined to comment on pending legislation, but said Def= ense Department is working to remove the data from the cards. Committee staff sa= id 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 ye= ars but have never become law. The current legislation has 24 cosponsors and br= oad 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 grow= ing number of lawmakers who are concerned that having Social Security numbers o= n 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 J= ul 07 ++]
SELECTIVE SERVICE SYSTEM (DRAFT) UPDATE 05: A new congressional report f= inds 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 ser= vice 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 fo= rce of draftees would be younger and less experienced, which could affect readines= s. Usually, greater accumulated knowledge and skills come with increased experience.
- Beca= use most draftees leave after completing a two-year obligation, a draft might affect= the services’ ability to perform those functions efficiently.
- A dr= aftee 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.
- Alth= ough including draftees in the force could yield budgetary savings, that force w= ould not be as effective as if the same increase in end strength was achieved us= ing only volunteers because average seniority would fall.
- To g= et 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 cr= eate 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 divisi= on, 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 a= re 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 repor= t, which also notes that because unemployment rates for white youths have incr= eased 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 artic= le 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 cen= ters 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 t= his year, and we are on schedule to beat that,” Batres said. “We di= d 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-Main= e., 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 sh= orten the current process some troops must endure with both the military and Vete= rans 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. B= ill Carr deputy undersecretary for military personnel policy said, “If successful, we will have cured many of the major maladies of the system.= 221; Carr also announced during a hearing of the Veterans’ Disability Bene= fits 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 t= he 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 ho= pes to send to Congress by Thanksgiving a package of proposed legislation that wou= ld codify what Carr termed an ‘ideal system’. The effort will comm= ence in AUG with a multi-week tabletop exercise, with actual physicians and serv= ice 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. Hav= ing 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-need= ed 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 g= ive 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, wh= ile the VA measures potential loss of future earnings. With that in mind, a sin= gle evaluation along the lines of what the Pentagon is proposing, Carr said, wo= uld allow for two possible appeals: an “unfit for duty” finding cou= ld 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 retirem= ent, 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&nb= sp; 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. Howe= ver, that requires a new physical evaluation and a forced weave through yet anot= her 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 Wil= liam H. McMichael article 20 Jul 07 ++]
USERRA UPDATE 02: National Guard and Reserve m= embers often aren’t aware of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which spells out what bene= fits employers are required to maintain after they’re called to active dut= y. 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 comm= on 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 yo= ur 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 sim= ilar retirement plan contributions for periods covered by deployment. You have u= p 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 u= nder USERRA you must:
- Ensu= re 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 th= at particular employer;
- Retu= rn to work or apply for reemployment in a timely manner after conclusion of servi= ce; and
- Have= not been separated from service with a disqualifying discharge or under other t= han honorable conditions.
= Most employers are good about supporting deployed servicemembers, complying with both the spirit and the letter of the law. However, there ha= ve been cases of serious USERRA violations against servicemembers returning fr= om 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 informat= ion 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 i= t, 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. Y= ou may also bypass the VETS process and bring a civil action against an employ= er for violations of USERRA. Federal law requires employers to notify employee= s of their rights under USERRA. [Source: MOAA News Exc= hange 19 Jul 07 ++]
VET CEMETERY MARYLAND: Continuing its mission of providin= g a final resting place for Maryland veterans, the Department of Veterans Affai= rs (VA) has announced the award of a $1.9 million grant to expand the Crownsvi= lle 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 Eas= tern 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 progr= am 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 ce= meteries in 35 states, Saipan and Guam, which provided more than 22,000 burials in fiscal year 2006. Since the p= rogram 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 intern= al computer security practices at Science Applications International Corporati= on (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 a