From: Director, RAO Baguio [raoemo@sbcglobal

From: Director, RAO Baguio [raoemo@sbcglobal.net]

Sent: Saturday, June 30, 2007 4:02 PM

Subject: RAO Bulletin Update 1 July 2007

Attachments: Veteran Legislation Update 07-06-30.doc

RAO Bulletin Update

1 July 2007

THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLE= S:

-- Tricare Uniform Formulary [20] ------ (More DoD Proposals)

-- VA Data Breach [34] ----------------------- ($20 Million Budgeted)

-- VA Data Breach [35] ----------------------------= ---- (VA IG Report)

-- Veterans Pride Initiative [01] ------------- (We= ar Your Medals)

-- TMOP [07] --------------------------------------= - (OTC Option)

-- VA Duty to Veterans’ Families] -----------= -- (Ongoing Suit)

-- VA Mileage Reimbursement [01] --------- (250% Increase)

-- Filipino Vet Inequities [02] ------- (S.0057 Pas= ses Committee)

-- Tricare Anesthetic Coverage Expansion ----------- (Dental)

-- SSA COLA 2008 ------------------------------- (1= .4% Forecast)

-- Reserve E-Mail System ----------------------- (O= ld System Replaced)

-- Reserve Retirement Age [11] --------------- (Win= dow Dressing)

-- VA Category 8 Care [03] ----------------------- (S.1233 Impact)

-- Changing Military Records ----------- (Request W= ithin 3 years)

-- Changing Military Records [01] ----- (Application Procedure)

-- Changing Military Records [02] ----------------- (Board Action)

-- Communicating With Congress [02] ------------ (8= 00 Numbers)

-- PTSD [15] ----------------------------- (Pathway= Home Program)

-- AO Compensation [Non-Vietnam] [03] ---- (SC Presumption)

-- NATO Air Force Medals --------- (Mission Involve= ment Awards)

-- VA Category 8 Care [02] ---------- (1.8 Million = Vets Uninsured)

-- Computer Security ----------------------- (Spywa= re Elimination)

-- USFSPA Lawsuit [13] --------------- (Supreme Cou= rt Rejection)

-- VA Spinal Cord Injury Services ------ (New Milwaukee Facility= )

-- Overseas NSO Document Request ---------- (Philip= pine Records)

-- TAPS ------------------------------------------ (Survivor Support)

-- Selective Service System (Draft) [04] --- (Survi= ving Children)

-- VA Homeless Vets [04] ----------------------- (O= n the Rise)

-- Vet= Cemetery Florida [06] ------------- = (HR 2642 Passes House)

-- SBA Vet Issues [04] -------------------- (HR 2366 Passes House)

-- VA Budget 2008 [06] ------------ (Senate Committ= ee Approved)

-- VA Project HERO ----------------------- (Vet Gro= ups Opposed)

-- Veteran Disinterment ----------------------- (Fa= mily Decision)

-- Credit Card Penalties ---------- (Congressional Hearing Impact)

-- Environmental Certificate Tng Program ---- (OIF/OEF/ONE Vets)

-- DoD Mental Health TF [04] ------------------ (Ta= sk Force Results)

-- Wounded Warrior Assistance [01] ----- (SASC Appr= oves S.1606)

-- COLA 2008 [05] ----------------------- (0.8% abo= ve April's)

-- VDBC [18] ------------- (Disability Compensation Disparity)

-- Digital Camera Basics ------------------------- = (How to Use)

-- Prostrate Problems [03] ------------------ (New = Blood Test)

-- Te= xas Tuition Waiver Denials ----------- (Immigrant Vets)

-- Veteran Legislation Status 30 JUN 07 -------- (W= here We Stand)

Editor’s Note: 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 i= nto law representatives need input from their veteran constituents to instruct = them on how to vote.

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TRICARE UNIFORM FORMULARY UPDATE 20: On 21 JUN, the DoD Beneficiary Adv= isory Panel (BAP) met to review DoD proposals to move certain cholesterol, prosta= te, and blood pressure medications to the third tier, or $22 copay level. They also re-reviewed some acid re= flux drugs that were originally evaluated in 2005. Proposals included:

- To m= ove cholesterol drugs Tricor, Antara, Omacor, and Welchol to the third tier. Six cholesterol medications will remain on the formulary at $3 or $9 copays. In order to persuade beneficiaries= to use Triglide, a low-cost brand-name drug, DoD is proposing to lower the $9 = copay to $3.

- To m= ove prostate drug Avodart to the third tier, leaving the generic Proscar on the formulary for $3.

- Re-e= valuating certain acid reflux medications that were originally reviewed in FEB 05. At the time, they moved multiple d= rugs, including Nexium, to $22, based on their relative high cost. Now, DoD has gotten a reduced pric= e on Nexium and proposes to reduce its copay all the way down to $3, even though it's not a generic drug. However, DoD is proposing to put a "prior-authorization" requirement for this class of drugs, requir= ing beneficiaries to try either Nexium or Prilosec before being authorized to u= se other drugs in the same class. Current prescriptions for the other acid reflux drugs would be grandfathered at $22. But fut= ure prescriptions wouldn't be covered for those drugs, even for the $22 copay, unless Tricare approves a doctor's statement that there's a medical necessi= ty to prescribe them (e.g., because Prilosec and Nexium aren't effective or ha= ve adverse effects for the patient).

- To = move hypertension and chronic heart failure drugs Avapro, Avalide, Benicar, and Diovan to the third tier. This would leave Atacand, Cozaar, Hyzaar, and Micardis on the formulary at the l= ower copay.

= MOAA's CDR John Class (USN-Ret), a member of the BAP convened to com= ment on the proposed changes, took the opportunity to reiterate concerns that beneficiaries using the affected drugs aren't being given adequate notifica= tion about either the copayment change or about which medications are still available for the lower copay. Since DoD doesn't notify beneficiaries at al= l, and doesn't allow military associations time to print the notices in their magazines, most beneficiaries do not find out about the changes until their pharmacist starts charging them $22 instead of the $9. Without an education program, they usually just grind their teeth and pay the $22, without being made aware of lower-cost alternatives. This insensitive process causes both the beneficiary and the government to pay f= ar more than they need to since because the intended purpose of the copay increase (i.e. to cause beneficiaries to choose lower-cost medications) is unlikely to be realized. The beneficiary panel's concerns will be submitted to Dr. S. Ward Casscells, the new Assistant Secretary of Defense (Health Affairs), for final decision. For more information on these and other drugs, refer to the Tricare pharmacy web site www.tricare.mil/pharmacy/#. [Source: MOAA Leg Up 29 Jun 07++]

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VA DATA BREACH UPDATE 34: The Veterans Affairs Departm= ent has set aside more than $20 million to respond to its latest data breach. T= he department does not expect to spend the full $20 million, but designated th= at much because the breach potentially puts the identities of nearly a million physicians and VA patients at risk, said Bob Howard, the department's chief information officer. Howard spoke at The E-Gov Institute's Government Healt= h IT Conference and Exhibition in = Washington. "We have no evidence that [information is at risk]. None whatsoever, b= ut we don't take the chance," Howard said. "The attitude of the VA r= ight now is if we think we've put anybody's information at risk, then we need to step up to the plate and try to remedy that." The breach occurred in January, when a hard drive went missing from a Birmingham AL VA medical research facility. The drive contained highly sensitive information on near= ly all U.S.= physicians and medical data for more than a half million VA patients. Any physician who billed Medicaid and Medicare through 2004 could be affected.<= /p>

= The hard drive has not been recovered. The VA estimates that about h= alf of the 1.3 million doctors whose information was on the hard drive, and 254= ,000 veterans, are potentially at risk. This group was notified by mail at the e= nd of May. The letters noted that VA is providing credit monitoring services through a General Services Administration blanket purchase agreement from t= he multiple award schedules program. The credit monitoring funds will come out= of the VA's fiscal 2007 cyber security budget, but Congress included an extra = $15 million in the recently passed emergency supplemental bill for funding the = wars in Iraq and Afghanistan (H.R. 2206). Because the January data breach occurred in a medical research facility, the technology office tried to get health care-related funds reprogrammed to cover the credit monitoring, Howard noted, but the effort w= as unsuccessful. Investigators are still trying to locate the hard drive and t= he FBI has offered a $25,000 reward for information leading to its return. [Source: GOVEXEC.com Daniel Pulliam article= 14 Jan 07 ++]

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VA DATA BREACH UPDATE 35: The VA Inspector GeneralR= 17;s internal report on the Alabam= a VA hospital that lost sensitive data on more than 1.5 million people in January reported their investigation found:

- The = hospital had repeatedly failed to follow privacy regulations leading up to the incident.

- The = employee directly responsible for the data initially lied to investigators and delet= ed files from his computer in an effort to hide the magnitude of the problem.<= /p>

- The = vast majority of the data, including Social Security numbers and private health information, was not protected by passwords or computer encryption. It coul= d be used to commit Medicare billing fraud or identity theft, the report said, a= nd

- The = employee should never have had much of it in the first place.

The report found a “dysfunctional management structure that led to an overall breakdown of Managers failed to provide hands-on oversight, improperly used non-VA e-mail and selected an insecure office location without properly considering data security, it said. Althou= gh VA policy calls for protecting data through a computer scrambling process called encryption, the managers decided instead to lock the external drives= in safes. But employees often left the drives outside the safes or took them offsite and there was no system for monitoring who accessed the safe, the report said. The criminal investigation into the drive’s disappearance remains open, and the inspector general reported finding no evidence of identity theft related to the information thus far.

= The report, released 29 JUN, recommends “administrative action” against several employees, including the staffer, the manager= s of the program where he worked and the head of the Birmingham VA Medical Cente= r. VA officials in Birmingham referred questions regarding the report to the national office, which did n= ot respond to phone calls Friday afternoon. In a written response to the repor= t, the department did not dispute the findings, management oversight, controls, and accountability” at the research site where the drive disappeared.= The security breach occurred on Jan 22, when employees discovered an external computer hard drive missing from a satellite office that conducts specialty research on health care. Because the employee responsible for the drive initially lied about how much information was on it, the VA initially repor= ted publicly that fewer than 50,000 people were affected. But investigators lat= er determined that the drive contained information for more than 250,000 veter= ans and about 1.3 million medical providers across the country. The VA, which didn’t finish sending notifications until May 22, has since offered f= ree credit monitoring to nearly 900,000 people whose Social Security numbers ap= pear to have been compromised. The report marks the latest in a series of critic= al assessments of VA data-security practices. The agency has come under scruti= ny for more than a year over a series of lapses, including the theft last spri= ng of data on 26.5 million veterans from an employee’s home in Maryland. [Source: Associated Press Ben Evans article=

29 Jun 07++]

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VETERANS PRIDE INITIATIVE UPDATE 01: Secretary of Veterans Affairs Jim Nicholson is urging all veterans across the country to pin on their military medals this Independence Day, July 4, to show their patriotism and pride in their service. Nicholson said, “We want to inspire the American peopl= e to recognize and honor the military service of their fellow citizens, and to engender a greater sense of pride and satisfaction on the part of the veter= ans for what they did for our country. This initiative shines a bright light on millions of our fellow citizens who answered the needs of our nation both in peace and in war.” Nicholson encourages the 24 million living America= ns who have served in the armed forces to display their medals on the Fourth of July by pinning them on their civilian clothing over their left breast. Nicholson first urged veterans to wear their military decorations last Vete= rans Day under a program called “Veterans Pride Initiative.” The Initiative asks veterans to wear their medals on Independence Day, Memorial= Day and Veterans Day, and when attending other patriotic events. Major U.S. veterans’ organiz= ations have endorsed the initiative. For additional information about the initiati= ve refer to http://www.va.gov/veteranspride/, where veterans can also learn ho= w to replace lost medals or confirm the decorations to which they are entitled.<= span style=3D'mso-spacerun:yes'> [Source: VA Press Release 29 Jun 07 ++]

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TMOP = UPDATE 07: A two-year test authorize= d by the 2007 National Defense Authorization Act now allows Tricare beneficiarie= s to substitute over-the-counter (OTC) versions of certain prescription drugs without a copayment. For now,= the test includes the Tricare Mail Order Pharmacy (TMOP) only. Plans call for expansion to retail network pharmacies once program details are ironed out. “The drugs include= d in this test initially are among the most widely prescribed— those treat= ing gastro-intestinal disorders,” said Army MG Elder Granger, Deputy Director, Tricare Management Activity.&nbs= p; Known as “proton pump inhibitors,” this class of medicat= ions includes the prescription drugs Nexium, Prevacid, Aciphex, Protonix, Zegerid and Prilosec. Under the test, beneficiaries receiving a prescription proton pump inhibitor are eligible to receive Prilosec OTC, the only proton pump inhibitor available over the counter. The Department of Defense Pharmacy and Therapeutic Committee found t= here is no significant clinical difference between Prilosec OTC and its prescription-only counterparts. “By requesting that their doctors prescribe the OTC version, beneficiaries can save money on their copay, and there is the additional potential to save the government money as well,” said Granger. OTCs are generally less expensive—by as much as 400% in some cases.

= Once the OTC test works its way to retail pharmacies, beneficiaries should not expect to walk into any drug store and get OTC products at no ch= arge at the register, caution Tricare officials. Beneficiaries will still have to g= et a prescription from their doctor for the OTC drugs. Beneficiaries already tak= ing the selected prescription proton pump inhibitors through the mail order pharmacy will get a letter telling them about the new program whenever they order medications that qualify them to participate in the OTC test project. Tricare encourages beneficiaries who haven’t used the mail order phar= macy in the past, but are taking medications included in the test, to get information on how to sign up at http://www.tricare.mil/pharmacy/tmop.cfm.<= span style=3D'mso-spacerun:yes'> Through the mail order program, initially beneficiaries can get up to a 90-day supply and have it delivered right to their mailbox. Medic= ation classes under consideration for future testing include topical anti-fungals= and non-sedating antihistamines. [Source: Tricare News Release 29 Jun 07 ++]

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VA DUTY TO VETERANS’ FAMILIES: Army veteran Arvid Brown, while se= rving in Saudi Arabia during the Persian Gulf War in 1991, was bitten by sand flies and contracted the parasitic disease Leishmaniasis. Sand fly bites are the most common vector by which this infectious disease is transmitted to humans. Upon discharge from active duty, Mr. Brown of Flin= t was treated at Michigan VA hospitals for service related symptoms on over 50 visits. The VA never looked for Leishmaniasis as a cause of his symptoms, i= gnoring his service and medical history. He was finally diagnosed by a private physician in Michigan with Leishmaniasis in 1998. His wife was infected with Leishmaniasis becaus= e no one ever diagnosed Brown’s and told him of the infectious nature of t= his disease and its ability to be transmitted by sexual activity. Mrs. Brown ga= ve birth to two children both of whom were infected with Leishmaniasis in the womb. As she struggled to care for her husband and look after two young children with cerebral palsy, her own health rapidly deteriorated. She died= at home of cancer

= His wife and children sued the VA under the Federal Torts Claim Act = in SEP 04 because they were infected with Leishmaniasis. The Government sought to have the = case dismissed claiming that the VA owed no duty to the Veteran’s family. = The family claimed that VA doctors committed malpractice in not diagnosing Leishmaniasis and failing to warn the wife that the disease could be transmitted to her and the children. Judge John Corbett O’Meara of th= e United States District Court, Eastern District of Michigan, denied the Government’s Motion for Judgment on the Pleadings which claimed that = the Government owed no duty to the family of a Veteran in an Order dated 18 JUN= 07. The Court, relying on Michiga= n law, concluded that VA doctors do owe family members a duty to warn of risk when patients present with symptoms of a disease that is well known to be contagious. A duty of reasonable care may arise on the part of the Governme= nt. The case against the VA will continue and the parties have agreed to try the issues of liability in the fall of 2007.&n= bsp; [Source: Detroit News Paul Egan article 19 Jun 07 ++]

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VA MILEAGE REIMBURSEMENT UPDATE 01: The VA Committee approved a Sen. J= on Tester [D-MT] proposal to increase the mileage reimbursement rate for disab= led vets who have to travel for VA health care. Previous attempts to increase the = travel reimbursement rate never passed the VA Committee. Tester’s plan calls= for increasing the VA’s travel reimbursement rate by more than 250%, from 11-cents to 28 ½ cents per mile.&nb= sp; The measure also allows the VA to increase that rate to 48 ½ cents per mile in the future. It’s the first rate increase in 30 years. The VA Committee also approved a plan by a bipartisan trio of senators, including Tester, to crea= te a $6 million grant program to give more transportation options to vets who li= ve in rural areas. It also gives= the VA authority to create pilot projects aimed at expanding health care in rur= al areas. Tester’s health = care improvements are included in S.1233, a comprehensive veterans’ health care improvement bill. The bi= ll now goes to the full Senate for consideration.= [Source: Jon Tester Pr= ess Release 27 Jun 07 ++]

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FILIPINO VET INEQUITIES UPDATE 02: The Senate Committee on Veterans' Affairs on 27 JUN approved legislation authored by U.S. Senator Daniel. K. Inouye that corrects a wrongful action committed against Filipino veterans = of World War II, and provides them with fair and equitable treatment. Under Senator Inouye's provisions that are part of the Veterans' Benefits Enhance= ment Act of 2007, Filipino veterans of World War II would be officially restored= to full veterans status, making them eligible for VA benefits and healthcare services that had been denied to them. Here are the highlights of the Filip= ino equity provisions:

- Rest= ores full veterans status to Filipino veterans of World War II who lost this sta= tus under the Rescission Acts of 1946. This ends a long-standing injustice, and fulfills our nation's promises to those who served.

- Pays Filipino veterans of World War II who suffer from disabilities incurred or aggravated by military service with service-connected compensation at the f= ull rate, regardless of where they live.

- Perm= its Filipino veterans of World War II and survivors residing in the United States to receive pensions and death pensions paid at the same rate and under the same conditions as U.S. ve= terans.

- Prov= ides Filipino veterans of World War II residing outside of the United States a special pension and death pension paid at a lower flat rate which does not require documentation of income, assets, and medical expenses.

The legislation has Filipino veterans and survivors residing outside of the United States being paid at a lower rate because pension benefits are not paid for disabilities related to military service. They are paid to help improve the quality of life for wartime veterans and survivors with very low incomes. Also, virtually all elderly Filipino veterans of World War II are expected to have income and assets - which if counted under U.S. ru= les - would make them eligible for pensions.&nbs= p; Therefore, by establishing a special pension program that is simpler= and less costly to administer, these veterans will not have their income and as= sets counted or medical expenses deducted in determining eligibility for the flat rate pension. Another reason for the lower flat rate for Filipino veterans = and survivors living outside of the United States: the wartime pension program requ= ires monitoring and verification of income, assets, and medical expenses of pensioners. Income is verifie= d in the United States through data matches with the Social Security Administration and the Intern= al Revenue Service. These kinds = of systems are not available in the Philippines. The bill S.0057 = now advances to the Senate floor for debate and vote. [Source: Senator Daniel Inouye Press Release 29 Jun 07 ++]

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TRICARE ANESTHETIC COVERAGE EXPANSION: Tricare will implement coverage for anesthesia services and associated costs for dental treatment for beneficia= ries with developmental, mental or physical disabilities, and children age 5 or under beginning 1 JUL 07. Add= itionally, Tricare encourages beneficiaries who received these services between 17 OCY= 06 and 1 JUL 07 to contact their Tricare regional contractor for help with reimbursement. “Tricare= will do all that is possible to ensure that beneficiaries receive the appropriate payment for these services received since 17 OCT 06” said Army Maj. G= en. Elder Granger, Tricare’s Deputy Director. The National Defense Authorization Act of 2007 legislated the change, and Tricare revised the regional contracts to expand coverage for the services. The services require preauthorizat= ion through the regional Tricare contractors. The change in statute = does not provide coverage for the actual dental care services. Coverage for dental care services = is available through the Tricare Dental Program and the Tricare Retiree Dental Program. Tricare reminds beneficiaries that to avoid costly and extensive dental procedures requiring anesthesia, children should start seeing a dent= ist by the time their first tooth appears or by their first birthday; this help= s to prevent tooth decay and other oral diseases. “Decay is the single most co= mmon chronic childhood dental disease—and it’s completely preventable,” Granger said. [Source: Tricare News Release 2 Jun 07 ++]

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SSA COLA 2008:&nbs= p; The annual cost-of-living adjustment (COLA) for 2008 may be one of t= he lowest in the history of the program. This gloomy outlook is from the 2007 Social Security Trustees report dted 23 APR07 that recently forecast the COLA in 2008 would be just 1.4%. For a senior with an average month= ly benefit of $1044 in 2007 that's boost of just $14.60 per month next year. The increase in Medicare Part B premiums, however, could take a substantial chunk, if not all of that. But government experts seem unable= to say just how much Part B premiums will be in 2008. Part B premiums pose such a proble= m, that Congress was told the estimates supplied in the 2007 Medicare Trustees report are substantially understated. Under more realistic alternate projections based on pending legislat= ive changes, Medicare actuaries say that monthly Part B premiums will increase = at least $7.90, from $93.50 to about $101.40 in 2008 for seniors with incomes under $80,000. Actual inflati= on and legislation changes that Congress makes prior to the announcement of the 20= 08 COLA and Part B premium later in the fall will affect the final amounts.

= To help seniors better keep pace with rising costs, two bills, both called "The Consumer Price Index For Elderly Consumers Act," have recently been introduced. Representative Charles Gonzalez (D-TX-20) introduced H.R.1953 with Representative Robert Wexler (D-FL-19) as an original co-sponsor. In addition Representative Peter D= eFazio (D-OR-04) introduced H.R. 2032. Both bills would tie Social Security COLA increases to the CPI for Elderly Consumers (CPI-E) that tracks the spending patterns of older Americ= ans. By doing so, seniors would see much needed relief in their monthly checks.<= span style=3D'mso-spacerun:yes'> For example, a senior who retired = with an average benefit of $460 in 1984 would have received an additional $10,28= 9 in benefits over the past 23 years had the government used the CPI-E to calcul= ate the COLA. Although the differ= ence in COLAs is modest at first, the effect is cumulative and grows over time.<= span style=3D'mso-spacerun:yes'> Today the senior who retired in 19= 84 with a benefit of $460 receives about $910 per month. Had the government used the CPI-E however, that person would receive a monthly check that's $97 higher. [Source: TSCL Newsletter Jun 07 ++= ]

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RESERVE E-MAIL SYSTEM: The Navy Reserve has brought a new e-mail system online that organizers hope will make it easier to communicate with reservists in the fleet. Lt. Adam Bashaw, spokesman for the Navy Reser= ve, said the new system allows reservists or anyone else with an interest in the workings of the Navy Reserve to access daily messages, media stories about = the Navy Reserve or read other items of interest. Subscribers can also opt out = of any category that does not interest them (something that the current Navy R= eserve e-mail system does not allow) and can end their subscription whenever they wish. The system became operational 22 Jun 07. Navy Reserve officials hope = that as many as 20,000 people will sign up, Bashaw said. An older Navy Reserve e-mail system has about 8,000 subscribers. Such a system is especially important for reservists because many are deployed around the world, and ma= ny of those are not in daily contact with their commands, he said. The new sys= tem should improve such communications during emergencies since it also has an emergency distribution list, which enables Navy Reserve officials to quickly reach reservists. Text messaging was often the most effective way for the N= avy Reserve Forces Command to communicate with its sailors in 2005 after Hurric= ane Katrina hit the New Orleans area, where the command is based. Subscription to the e-mail system is voluntary, but the Navy Reserve wants as many members as it can get to sign up. People interested in subscribing should visit https://listserv.navyreserve.navy.mil. [Source: NavyTimes Chris Amos arti= cle 27 Jun 07 ++]

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RESERVE RETIREMENT AGE UPDATE 11: A Senate proposal to provide early reserve retirement benefits is mostly window dressing, according to a repor= t by the nonpartisan Congressional Budget Office (CBO). The plan approved by the Senate Armed Services Committee as part of its version of the 2008 defense authorization bill would allow reservists to earn retired pay earlier that = age 60, when payments now start, for serving on active duty. Specifically, the = plan would allow reservists who are called to active duty for at least 90 days to receive their retired pay three months earlier for every three months of service. Only time served after the bill becomes law would count. In a repo= rt released 24 JUN, the CBO estimated the provision would have “an insignificant effect” on the defense budget, costing as little as $35 million over the next five years. The report said, “Relatively few reservists would be able to t= ake advantage of this provision in the near future. As most reservists stop act= ive participation in the reserves well before their 60th birthday, few reservis= ts nearing retirement over the next decade will have served on active duty dur= ing that decade.” Despite the small impact, the provision — whose c= hief sponsor is Sen. Saxby Chambliss (R-GA) has the backing of the Military Coalition, an umbrella group of more than 30 military-related organizations. Michael Cline = of the Enlisted Association of the National Guard of the United States (EANGUS) sa= id, “It starts something. We are hoping for an amendment on the Senate fl= oor that would, at least, make the benefit retroactive to cover service since S= ept. 11, 2001.” Senator Cham= bliss may be trying, but what he has done has not made most associations very happy,” said one military association executive, who asked to not be identified. “Right now, this bill says to the 600,000 or so National Guard and reserve members called up since 9/11 that their service doesnR= 17;t count.” Senator Chambliss is also the author of S.0648, The National Guard and Reserve Modernization Act. That bill introduced 15 FEB 07 has only gained 12 cosponsors in the Senate which further supports the concept of the issue being window dressing. [Source: NavyTimes = Rick Maze article 27 Jun 07 ++]

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VA CATEGORY 8 CARE UPDATE 03: U.S. Senator Daniel K. Akaka (D-HI= ), Chairman of the Senate Committee on Veterans’ Affairs, announced 27 J= UN the Committee’s passage of a key provision of S. 1233, the Traumatic Brain Injury and Other Health Programs Enhancement Act of 2007, that would allow Priority 8 veterans back into the VA health care system. The legislation would not modify t= he enrollment management provisions contained in the 1996 law that opened the = VA system up to all veterans, but would merely permit the enrollment of Priori= ty 8 veterans during Fiscal Year 2008 by rescinding the VA regulation that originally banned them. Priority 8 veterans are middle-income veterans with= no service-connected disabilities. For VA’s state-by-state geographical means test thresholds that determine Priority 8 status, go to: http://www.va.gov/healtheligibility/Library/pubs/GMTIncomeThresholds/

Chairman Akaka said, “The prohibition on Priority 8 veterans severely affects veterans in states like Hawaii, where the cost of living is one of this country’s highest. On average, a veteran making only $36,400 a year in Hawaii has been cut out of the VA system. This is an especially unjust policy when our Nation is at war…= It has long been the position of my Democratic colleagues and I that veterans should have access to VA health care services. According to VA’s own estima= tes, as many as 1.5 million veterans have been denied care since enrollment was closed in 2003. We have fough= t hard to see that these veterans who have served their country honorably get the = care they deserve …In fact, many of these veterans will bring their own private insurance with them, and will continue to pay copayments for their care. They can essentially contribute to the VA health care system as a whole.” S. 1233 will now move to the full Senate for consideration.= [Source: VA Press Release 27 Jun 07 ++]

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CHANGING MILITARY RECORDS: If you feel there is an error or a= n injustice in your military personnel records you can apply to your service's Board for the Correction of Military Records whether you are active duty, separated, = or retired,. Any person with military records, or his or her heirs or legal representative, may apply to the appropriate service's Board. The Army, Air Force, and Coast Guard have separate boards. The Navy operates the Board for both Navy personnel and members of the United States Marine Corps. Title 10, United States Code, Section 1552, is the law governing correction of milita= ry records. This statute authorizes the Secretary of the service concerned to correct any military record when "necessary to correct an error or injustice." The purpose of this statute was to relieve the Congress fr= om consideration of private bills to correct errors or injustices in military records. The statute provides= for the service secretaries to act through a board of appointed civilians in considering applications for correction of military records. Implementing regulations for each service are:

- AFI = 36-2603, Air Force Board for Correction of Military Records, implements the statute within the Air Force.

- Army Regulation 15-185 implements the statute within the Army.

- The = Code of Federal Regulations; Title 33, Part 52;2. implements the statute within the Coast Guard.

- The = Navy and Marine Corps implements the statute through The Navy, Code of Federal Regulations; Title 32, Part 723.

You should exhaust other administrative remedies be= fore appealing to your service's board. For example, you should first submit a performance report appeal to the appropriate appeal agency before appealing= to your service's military records correction board.. An appeal requesting upg= rade of discharge should normally be submitted to the service's Discharge Review Board under Department of Defense Directive (DoDD) 1332.28, Discharge Review Board (DRB) Procedures and Standards. The board will return your applicatio= n if you have not first sought relief through the appropriate administrative pro= cess. You should submit your request within 3 years after you discover, or reason= ably could have discovered, the error or injustice. The boards review the merits= of untimely applications. If found to be meritorious, the timeliness is waived= in the interest of justice. You should not assume, however, that a waiver will= be granted. [Source: About.com: US Military Rod Powers article 25 Jun 07 ++]

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CHANGING MILITARY RECORDS UPDATE 01: To apply for a change to your mili= tary records use a DD Form 149, “Application for Correction of Military Record” Section 1552 for submission to your service’s Board for= the Correction of Military Records. You should complete the form very carefully= by typing or printing the requested information. Attach copies of statements or records that are relevant to your case. Make sure you sign item 16 of the f= orm. Mail the completed form to the appropriate address on the back side of the form. The Board will correct your military records only if you can prove th= at you are the victim of error or injustice. You do this by providing evidence, su= ch as signed statements from you and other witnesses or copies of records that support your case. It is not enough to provide the names of witnesses. The Board will not contact your witnesses to obtain statements. You should cont= act your witnesses to get their signed statements with your request. Your own statement is important. Begin in item 9 of the DD Form 149 and continue in = item 17, if necessary. You may also put your statement on plain paper and attach= it to the form. Limit your statement to not more than 25 pages. Explain what happened and why it is an error or injustice in simple, direct terms.

= Normally, the best evidence is statements from persons who have dire= ct knowledge or involvement. For example, statements from persons in your rating chain if you are contesting a performance report. Or a statement from the person who counseled you if you are alleging that person miscounseled you. Character references from community leaders and others who know you are helpful if you are requesting clemency based on post-service activities and accomplishment= s. This is only a general rule, however. You must decide what evidence will be= st support your case. It may take you some time to gather statements and recor= ds to support your request. You may wish to delay submission of your applicati= on until information gathering is complete. You should, however, submit your request within the 3-year time limit.

= With few exceptions, all personnel records generated by the military= may be corrected by the Board. The Board cannot, however, change the verdict of= a courts-martial imposed after 4 MAY 50. In these cases, the Board’s authority is limited to changing the sentence received on the basis of clemency. The Board will mail you a copy of the applicable service regulati= on at your request. Most applicants represent themselves. If your request is complex, you may want someone to represent you: Many veteran service organizations have staff members who will represent you in applying to the Board. You can obtain a list of these organizations by writing to the Board (see addresses on reverse side of DD Form 149). You may also hire a lawyer = to represent you at your own expense. You should name your representative on DD Form 149, item 7. The Executive Director of the Board must approve any representative other than a veteran service organization staff member or a lawyer.

If you nam= e a representative, the Board will normally deal with your representative rather than directly with you. Advice and guidance are available from many sources. Military Personnel specialists can advise you on personnel issues. Veteran service organizations will advise you even though you decide to represent yourself. You may discuss your case with a Board staff member, or you may w= rite to the Board, and a staff member will respond to your questions. You may request a personal appearance before the Board by checking the appropriate = box on DD Form 149, item 6. The Board will decide whether a personal appearance= is necessary to decide your case. Travel expenses are your responsibility. The Board grants very few personal appearances, so you should try to fully pres= ent your case in writing. If your request for a personal appearance is granted,= the Board will provide you with the necessary details.

= Upon receipt of your application by the Board one or more offices wi= thin your military service (JAG, hospital, personnel, etc.) will prepare an advi= sory opinion on your case. The adv= isory opinion will be sent to with your case file. If the advisory opinion recomm= ends denial of your request, the Board will send it to you for comment. Remember that the advisory opinion is only a recommendation. The Board will make the decision on your case. The Board will ask for your comments on the advisory opinion within 30 days. You may request an additional 30 days if you need i= t. Reasonable requests are normally granted. It may be unnecessary for you to comment on the advisory opinion. If you have nothing further to say, don’t bother to respond. Failure to comment on an advisory opinion do= es not mean you agree. Nor will it prevent a full and fair consideration of yo= ur application. [Source: About.com: US Military Rod Powers article 25 Jun 07 += +]

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CHANGING MILITARY RECORDS UPDATE 02: Each Service Secretary appoints high-level civilian employees who work for the military service concerned to serve on the Board for the Correction of Military Records. Service is normally an additional = duty for those appointed. Usually about 47 people serve on the Board. Members are randomly assigned to three-member panels for consideration of cases. Cases = are randomly assigned to panels. Board staff members research issues and provid= e technical advice to the panel members. They do not take sides or recommend a decision= to the panel. Panel members receive a copy of the case for study before they m= eet. They normally discuss your case in closed session before voting. Their deci= sion is based on the evidence in the case file. The majority rules, but a dissen= ting member may submit a minority opinion for consideration by the Service Secre= tary or his/her designee. Following the vote on your case, the panel Chairperson signs a record of proceedings. The record of proceedings will explain the reasons for the decision on your case. The Service Secretary concerned has = the final authority to accept or reject a recommendation of the Board. In most cases, it is accepted. When the BOC completes your case, the decision is ma= iled to you. If relief is granted,= your records will be corrected and finance personnel will review your case to se= e if you are due any monetary benefits. The Board is the highest level of admini= strative appeal and provides the final military decision. If your case is denied, yo= ur next step is to request reconsideration or file a suit in the court system.= If you request reconsideration the Board will reconsider your case only if you provide newly discovered relevant evidence that was not reasonably available when you filed your original application. The evidence may pertain to the timeliness of your application or to its merits. You should submit your req= uest for reconsideration within a reasonable time after you discover the new evidence. Re-argument of the same evidence will not get your case reconside= red. [Source: About.com: US Military Rod Powers article 25 Jun 07 ++]

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COMMUNICATING WITH CONGRESS UPDATE 02: Calling your congressional representative in Washington D.C. is easier than you think. Congress and the AMA h= ave provided the following no charge numbers for constituents to talk to their elected officials offices located in the Capital Building:

1-866-272-6622 Capital Operator Direct

1-800-833-6354 AMA Grass Roots Hotline - follow pro= mpts

1-800-828-0498 Capital Operator Direct

1-800-833-6354 AMA Grass Roots Hotline – foll= ow prompts

1-866-340-9281 Capital Operator Direct

1-866-220-0044 Capital Operator Direct

1. Wh= en the capitol operator answers, tell her which Senate or House office you want.

2. Wh= en the office answers, tell the staffer that you are a constituent and that you wa= nt your Senator/Representative to vote for or against whichever bill you are concerned about or what other issue you have. For a listing of all bills re= fer to http://thomas.loc.gov.

3. Pr= ovide additional information requested by the staffer

4. Be= polite and courteous, remember the staffer is simply the "messenger".

[Source: MRGRG Harry Riley msg 25 Jun 07 ++]

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PTSD UPDATE 15:&nb= sp; Veterans returning from combat zones in Afghanistan and Iraq= can soon opt to take part in a new post-traumatic stress disorder (PTSD) treatment program at the Veterans Home of California at Yountville. A $5.6 million private grant provided by will cover the fundamental costs of the program — an enterprise of San Francisco’s Tides Center supervi= sed by the California Department of Veterans Affairs — and keep it up and running for three years, according to a press release from the California D= epartment of Veterans Affairs. Called “The Pathway Home,” the program will counsel and treat veterans facing a range of mental health issues including post-traumatic stress disorder. The program will offer assistance from a ho= st of professionals, including PTSD counselors, doctors, nurses, family therapists, physical therapists and dietitians. Steve Schilling, special representative for the Vets Home, said the program will cost approximately $1.25 million annually, adding that Fred Gusman of the Veterans Affairs Palo Alto Health Care System will direct the enterprise. The program, to be laun= ched in AUG 07, will be held at Madison Hall on Vets Home grounds and can accommodate up to 40 people at a time. Marcella McCormack, administrator of= the Vets Home, said veterans will reside at the Vets Home for treatment from 30= to 120 days and then return to their communities. After the completion of treatment, she said, veterans will keep in close contact with program counselors. The Veterans Home of California located at 180 California Drive can be contact= ed by mail or phone at: P.O. Box 1200, Yountville, California = 94599 Tel: (707) 944-4541 Fax: (707) 944-4542.&n= bsp; [Source: Napa Valley Register Natalie Hoffman article 21 Jun 07 ++]

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AO COMPENSATION [NON-VIETNAM] UPDATE 03: As required by law, the Department= of Veterans Affairs (VA) hereby gives notice that the Secretary of Veterans Affairs, under authority of the Veterans Education and Benefits Expansion A= ct of 2001, Public Law 107-103, Section 201(d), has determined that a presumpt= ion of service connection is not warranted (i.e. for conflicts other than Vietnam) based on exposure to herbicides used in the Republic of Vietnam during the Vietnam Era for the following health outcomes: Hepatobiliary cancers; oral, nasal,= and pharyngeal cancer; bone and joint cancer; skin cancers (melanoma, basal, and squamous cell); breast cancer; female reproductive cancer (cervix, uterus, = and ovary); testicular cancer; urinary bladder cancer; renal cancer; leukemia (other than chronic lymphocytic leukemia (CLL)); abnormal sperm characteris= tics and infertility; spontaneous abortion; neonatal or infant death and stillbi= rth in offspring of exposed individuals; low birth weight in offspring of expos= ed individuals; neurobehavioral disorders (cognitive and neuropsychiatric); movement disorders including Parkinson’s disease and amyotrophic late= ral sclerosis (ALS); 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); circulatory disorders; amyloid light-chain (AL) amyloidosis; endometriosis; effects on thyroid homeostasis; gastrointestinal tumors (esophagus, stomach, pancreas, colon, rectum; brain tumors; and any other condition for which the Secretary has not specifically determined a presumption of service connection is warranted.

= The Secretary’s determinations regarding individual diseases a= re based on all available evidence in a 2004 report of the National Academy of Sciences (NAS) and prior NAS reports. This notice generally states specific information only with respect to significant additional studies that were f= irst reviewed by NAS in its 2004 report. Information regarding additional releva= nt studies is stated in VA’s prior notices following earlier NAS reports, are not repeated here. NAS reviewed scientific and medical articles publish= ed since the publication of its first report as an integral part of the process that resulted in “Veterans and Agent Orange: Update 2004.” The comprehensive review and evaluation of the available literature that NAS conducted in conjunction with its report has permitted VA to identify all c= onditions for which the current body of knowledge supports a finding of an association with herbicide exposure. Accordingly, the Secretary has determined that there is no positive association between exposure to herbicides and any other condition for whic= h he has not specifically determined that a presumption of service connection is warranted. For further information contact: Rhonda F. Ford, Consultant, Regulations Staff, Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 273-7210. [Source: Gordon H. Mansfield, Deputy Secretary of VA notice 5 Jun 07= ++]

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NATO AIR FORCE MEDALS: Air Force military members a= nd civilians who have served 30 consecutive or accumulated days in any of four NATO operations may be eligible for a NATO medal. The missions are Operation Eagle Assist in the United States between 12 OCT 01, and 16 MAY 02; Operati= on Active Endeavor in the Mediterranean Sea that began 26 OCT 01; the International Security Force (ISAF) mission in the Balkans, which began 1 J= AN 03, including Bosnia-Herzegovina, the former Republic of Yugoslavia (includ= ing Kosovo), Croatia, Macedonia and Albania; and the ISAF mission in Afghanista= n which began 1 JUN 03. The duty must be listed on a Combined Joint Statement of Requirements, and the individual must have a source document such as a NATO certificate, according to the Air Force Personnel Center. The 30-day requirement will be waived for individuals who were wounded or injured duri= ng the operation and had to be evacuated.&nbs= p; [Source: Armed Forces News 22 Jun 07 ++]

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VA CATEGORY 8 CARE UPDATE 02: A new study has found= about 1.8 million U.S. veterans under age 65 lack even basic health insurance or access to care at Veterans Affairs hospitals. T= he ranks of uninsured veterans have increased by 290,000 since 2000, said Stephanie J. Woolhandler, the Harvard Medical School professor who presented her findings yesterday before the House Committee on Veterans Affairs. About 12.7% of non-elderly veterans—or one in eight—lacked health coverage in 2004, the most recent year for which figures are available, she said, up from 9.9% in 2000. Veterans 65 and older are eligible for Medicare. About 45 million Americans, or 15% of the population, were uninsured in 2005, the Census Bureau reports. Woolhandler’s findings are based on data from two national surveys—the Current Population Survey administered by the Census Bure= au and the National Health Interview Survey administered by the Department of Health and Human Services. Veterans who said they had neither health insura= nce nor veterans or military health care were counted as uninsured.

= Woolhandler is a well-known advocate of guaranteeing access to health care for all Americans through a government-run national health insurance program. Republican lawmakers seized on that association to question whether she was trying to advance that goal with her study. Woolhandler said the da= ta are sound. She has firsthand experience with the issue as well, she said, because as a physician she has seen uninsured veterans with untreated high blood pressure, diabetes and other conditions. The focus of the hearing was whether to open VA hospitals’ doors to so-called Priority 8 veterans,= who have no service-connected disabilities and whose earnings generally are abo= ve 80% of the median income where they live. Doing so would add significantly = to VA’s caseload and costs—estimates range from $366 million to $3= .3 billion annually—and some veterans groups and lawmakers are concerned that it would make it harder for veterans with serious service-related heal= th problems to get timely care. Only about half of the 1.8 million uninsured veterans are classified Priority 8, Woolhandler said. The rest may technica= lly be eligible for some VA care but live too far from its facilities for it to= be a real option, she said.

= Rep. Steve Buyer (R- IN), the committee’s ranking Republican, said, “Veterans Affairs should focus on its core constituent (i.e. veterans with service-related health problems, the indigent and those with catastrophic disabilities). Some say the government is obliged to provide essentially free health care for life to anyone who served even a year or t= wo. I intend to protect the core constituency first.” But Rep. Bob Filner (D-CA.), the committee’s chairman, said taking care of veterans is a continuing cost of war. “All veterans should have access to ‘their’ health-care system,” he said. “This is rati= oning health care to veterans, those who have served our nation. And I think it’s unacceptable for a nation of our wealth and our ability.”<= span style=3D'mso-spacerun:yes'> [Source: Washington Post Christopher Lee article 21 Jun 07 ++]

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COMPUTER SECURITY:= Spyware, which is a software program that installs itself (without y= our knowledge) on your computer. After it’s installed, the software colle= cts information about you, and when you’re online it sends the informatio= n to the spyware program’s owner. Most spyware fits into one of two categories: Surveillance or Advertising.&n= bsp; Surveillance spyware scans documents on your computer and can capture your keystrokes as you type. It can spy on forms you’re filling out o= n a Web site (such as your login password or your credit card number) and the t= ext you enter in a chat window. Government and detective agencies have been kno= wn to use this type of software, as have jealous spouses. Advertising spyware = is software that is installed when you’re installing other software (usu= ally software you download from the Internet) or that is installed in the backgr= ound while you’re visiting a Web site. It’s common for advertising spyware to be included (without your being told) when you install software that’s advertised as “No charge, if you don’t mind seeing advertisements when you use it.”

One of the most pervasive distributors of spyware is software you download to take advantage of “peer to peer” file exchanges (for music and video). Advertising spyware logs information about your computer = and about you. The information includes passwords, your Web browsing habits, yo= ur online buying habits, and so on.cBoth types of spyware can also install vir= uses and worms on your computer. Many of them change your browser settings (such= as your home page), and your efforts to correct the changes are temporary; the spyware changes them again. One of the annoying features of spyware is its connection to pop-up ads. Using the information it has collected about you,= the spyware initiates pop-up ads whenever you connect to a Web site. The spyware software producer rece= ives income whenever you respond to one of these pop-up ads, so the theory is “the more the better.” After a while, using the Internet becomes almost impossible because of the barrage of pop-ups. Regardless of your Internet Explorer controls for your children, the pop-ups often contain pornography.

= Obviously, the best way to avoid spywar intrusion is not to install software from the internet or use peer to peer file exchanges. If it should be inadvertently inst= alled in your computer the only way to remove it is to use software designed for = that purpose. The following programs are well regarded by computer professionals= to accomplish this:

- Spyb= ot S&D (for Search & Destroy) http://www.safer-networking.org/en/downl= oad/. (No charge but donations requested)

- Ad-A= ware from Lavasoft http://www.lavasoftusa.com.&= nbsp; (No charge to $40 dependent on program desired)

- Spys= weeper http://www.spam-blockers.com/spy-sweeper.html. ($30 to $40 dependent= on program desired)

- Wind= ows Defender http://www.microsoft.com/downloads/details.aspx?FamilyId=3D435BFCE7-DA2B-4A= 6A-AFA4-F7F14E605A0D&displaylang=3Den (will not support WIN2000). No charge.

[Source: MRGRG Don Harribine msg 20 Jun 07 ++]

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USFSPA LAWSUIT UPDATE 13: Twenty-six years after Congress ac= cepted its invitation in the case of McCarty v. McCarty to spell out divorce courts’ limits for dividing veterans’ retired pay, the Supreme = Court declined on 18 JUN 07, to review a challenge from divorced veterans that the resulting statute entitled the Uniform Services Former Spouses Protection A= ct (USFSPA) is unconstitutional. Tired of unsuccessful legislative efforts against the statute a group of divorced veterans formed the USFSPA Litigation Support Group (ULSG) to challenge the= law in court. Forty-eight divorced veterans (both men and women) affected by the law who served in the military’s major branches signed onto the lawsu= it filed in 2004 in the U.S. District Court in Alexandria VA, under the title Adkins= , et al. v.Rumsfeld, which later was renamed Adkins v.Gates, to reflect the replacement of the Secretary of Defense.&n= bsp; The lawsuit worked its way from the federal trial court to the U.S. Court of Appeals in Richmond, with both courts refusing to grant relief against the USFSPA but also acknowledging that the law is not airtight against attacks by future litigants. The divorced veter= ans then petitioned the U.S. Supreme Court to review the USFSPA’s constitutionality. On 18 JUN,= the Supreme Court declined the review petition without comment.

= The USFSPA, enacted in 1982, does not give spouses a right to a spec= ific amount of money in a divorce settlement. The decision whether to award part= of retirement pay, and the amount, is up to state courts, and the amounts vary widely. Most pensions, including those of police officers and federal employees, and other occupations, are subject to division in divorce cases.= A number of changes to the law have been made in the favor of former spouses,= and service members need some additional protections. The ULSG contends that Congress may have meant well in enacting the USFSPA, but that the law has resulted in harsh consequences to divorced veterans, many of them unanticip= ated and unintended. In this litig= ation, the divorced veterans asserted that among the law’s failings is that = it does not even exempt veterans who joined the military before the law was ev= er passed. The litigants assert that this amounts to an unconstitutionally retroactive application of the law and unconstitutional taking of property, seeing that the law was passed only after the Supreme Court said that veterans’ retirement pay could not be divided in divorce court.

= After the divorced veterans petitioned the Supreme Court to review USFSPA’s constitutionality, the GI-Janes and American Retirees Association veterans groups filed friend of the court briefs supporting the veterans’ petition. Signing onto the American Retirees Association= 217;s brief were the Air Force Sergeants Association, the Fleet Reserve Associati= on, the National Association for Uniformed Services, and the Retired Enlisted Association. The divorced veterans’ lead attorney, Jonathan L. Katz s= aid: “The Supreme Court’s decision not to review the case does not reflect the Court’s view on the statute’s Constitutionality or flaws. The Court, having just nine justices and a mountain of annual review petitions, accepts only one to two percent of petitions for review. We look forward to future court challenges against this unjust law.” ULSG off= icer Jack Crutchfield said: “The USFSPA is unconstitutional, and this court challenge needed to be brought. Our legal team brought to light the serious flaws in this law. Thousands of divorced men and women who proudly served t= heir country are victims of this unjust law and feel its profound financial harm daily; the law needs to be stricken.”

= The Supreme Court judgment mirrors a long line of previous decisions that have upheld Congress' right to legislate changes in military benefits. In the past, various groups have sued the government over laws that changed military retired pay adjustment methodology, deducted VA disability compensation from military retired pay, reduced Survivor Benefit Plan annuities, and charged military retirees fees for medical care. In each of those cases, the Supreme Court ultimately ruled (or refused to retu= rn a lower court ruling) that Congress was within its authority to legislate the changes, and that if there are inequities in the laws, the way to resolve t= hose inequities is through further legislative action. For further information, contact: ULSG, LLC PO Box = 270337 Tampa, FL 33688-0337 email: members@ulsg.= org or http://www.ulsg.org. [Source:= USFSPA Litigation Support Group News Release 20 Feb 07 ++]

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VA SPINAL CORD INJURY SERVICES: In a ground-breaking ceremony 19 JUN for a new facility for spinal cord injuries, Secretary of Veterans Affairs Jim Nicholson committed the Department of Veterans Affairs (VA) to expand programs and open new facilities for seriously disabled vete= rans with spinal cord injuries. The new center at the Milwaukee VA Medical Cente= r is a $32.5 million building and will open by 2010 to replace an existing conve= rted ward in the hospital. It comes on the heels of another ground-breaking by Nicholson just a month ago for a new $20 million spinal cord injury center attached to the VA medical center in Minneapolis .VA is a leader in spinal = cord injury health care research and rehabilitation, providing a coordinated lifelong continuum of services for eligible veterans with spinal cord injur= ies of all ages. VA's expertise in this area ranges from emergency care and surgical stabilization to rehabilitation, preventive care, and long-term ca= re. The department's investment in spinal cord injury research is yielding practical medical applications such as reducing pressure ulcers and increas= ing the use of annual influenza and pneumococcal vaccinations. VA research on s= pinal cord injuries is exploring new frontiers such as nerve regeneration, activity-based therapies that target recovery of standing and walking skills and developing prosthetics that have a direct connection to the nervous sys= tem.

= Last year, VA spent nearly $19 million on 186 research projects rela= ting to central nervous system injury and associated disorders. Responding to the needs of the latest generation of combat veterans, VA has developed a netwo= rk of polytrauma rehabilitation centers that bring together specialists in spi= nal cord injury and other experts into multidisciplinary teams that aid injured troops with other severe disabilities such as traumatic brain injury, amputation, blindness, and complex orthopedic injuries, auditory disorders = and mental health concerns. About 80% of veterans with spinal cord injuries and disorders are at least 50 years of age. However, many of the approximately = 450 newly injured veterans and active-duty members who received rehabilitation = at VA’s spinal cord injury centers last year are young adults. Treatment= and technology have improved so that veterans with spinal cord injuries have increasingly longer life expectancies. Maintaining health, preventive medic= ine and early treatment of new conditions are important parts of VA’s lifelong care. Last year, VA provided a full range of care to nearly 26,000 veterans with spinal cord injuries and diseases. VA's specialized services = are delivered through 135 primary care teams or support clinics for spinal cord= injuries at VA medical centers and through 23 regional spinal cord injury centers. [Source: VA Press Release 19 Jun 0= 7 ++]

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OVERSEAS NSO DOCUMENT REQUEST: A person outside the Philippines can make a request by letter are online at https://www.ecensus.com.ph/Secure/fr= mIndex.asp to the National Statistics Office [NSO] for a certified copy of any document. The fee for forward= ing documents is $20 per document in accordance with payment options noted on t= he website. Credit card payment = on line is possible. There is no cancellation or refund policy. The e-Census website also contains a number of frequently asked questions that cover most situations. Additional questions can be answered by the Civil Registry Operations Division at L.Hufana@mail.census.gov.ph. In the initial letter or online request the following information must be supplied to allow NSO to locate the document:

Birth: Complete name of the child (first, middle, l= ast), Complete name of the father, Complete maiden name of the mother, Date of bi= rth (month, day, year), Place of birth (city/municipality, province), Whether or not registered late, If registered late, state the year when it was registe= red, Complete name and address of the requesting party, Relationship to the chil= d, Number of copies needed, and Purpose of the certification.

Death: Complete name of the deceased person, Date of death, Place of death, Complete name and address of the requesting party, Number of copies needed, and for what purpose the certification shall be us= ed

Marriage: Complete name of the husband, Complete na= me of the wife, Date and place of marriage, Complete name and address of the requesting party, Number of copies needed, and Purpose for the certificatio= n

Adoption:

1. Information about the child prior to adoption to include: Complete n= ame of the child, Complete name of the father, Complete maiden name of the moth= er, Date and place of birth,

2. Information after adoption to include: Amended name of the child, Complete name of the adopting father, his occupation, religion and age at t= he time of adoption, Complete name of the adopting mother, her occupation, religion, and age at the time of adoption, Date when adoption decree was issued, Date when adoption decree became final and executory, Name of the c= ourt and the judge that issued the decree, Complete name and address of the requesting party, Number of copies needed, and Purpose for the certificatio= n

Legitimation: Complete name of the child, father, a= nd mother, Date and place of birth, Date and place of marriage of parents, Date when the affidavit of legitimation was executed, Date when the affidavit of legitimation was registered, Complete name and address of the requesting pa= rty, Number of copies needed and Purpose for the certification

Dissolution of Marriage: Complete name of the husba= nd, Complete maiden name of the wife, Date of marriage, Place of marriage,

Name of the court and the judge that issued the dec= ree dissolving the marriage or declaring marriage void,

Address of the court, Date when the decision was is= sued, Date when the decision became final and executory, Date when the decision w= as recorded in the civil register, Complete name and address of the requesting party, and Purpose for the certification

No Record of Marriage: Complete name of the person, Compl= ete name of the father, Complete maiden name of the mother, Date of birth, Plac= e of birth, Complete name and address of the requesting party, Number or copies needed, and Purpose for the certification

Others: For certifications other than those described in this page, please specify the nature or contents of the certification.

= Send your letter request to Republic of the Philippines, Office of the Civil Registrar General, National Statistics Office, PO Box 779 Manila Philippines or EDSA corner Times St., West Triangle, Quezon City 1104. Requests made through conventional postal service system are process= ed upon the receipt of payment. Online request should be submitted via https://www.ecensus.com.ph/Secure/frmIndex.asp. [Source: Philippine NSO www.census.gov.ph Jun 07 ++]

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TAPS: Each year, hundreds of American families face the tragedy of the death of a loved one serving in the Armed Forces. The families left behind include loving parents, siblings and young spouses and school age children. In many cases, these families must move immediately away from their friends and support systems and rebuild a life that was once devoted to military service but is= now focused on just surviving their traumatic loss. These families can turn to = TAPS for the support that they deserve when they have, in the words of Abraham Lincoln, “laid so costly a sacrifice on the altar of freedom” T= he Tragedy Assistance Program for Survivors, Inc., is a one of a kind non-prof= it Veteran Service Organization offering hope, healing, comfort and care to thousands of American armed forces families facing the death of a loved one each year. Services available= are: counseling referral, crisis information, caseworker assistance, and online resources. TAPS receives no government funding. Through t= he DoD and VA, all families faced with a death of one serving in the Armed Forces = should be receiving information about TAPS and other military survivor programs. For more info refet to http://www.taps.org or write/call the Tragedy Assistance Program for Surviv= ors, Inc. (TAPS) National Headquarters, 910 17th Street, NW Suite 800, Washington, DC 20006 Tel: (202) 588- 8277. For general tnfo send an email to info@taps.org. [Sour= ce: Military Report 28 May 07 ++]

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SELECTIVE SERVICE SYSTEM (DRAFT) UPDATE 04: Contrary to popular belief, “only sons”, “the last son to carry the family name”= ;, and “sole surviving sons” must register for the draft, they can= be drafted, and they can serve in combat. However, they may be entitled to a peacetime deferment if there is a military death in the immediate family. Provisions regarding the survivors= of veterans were written into Selective Service law after World War II. Details have varied over the years, but the basic premise remains the same; where a family member has been lost as a result of military service, the remaining family members should be protected insofar as possible. It is important to = keep in mind that the provisions are directly related to service-connected death= s. The mere fact that a man is the only child or only son does not qualify him= for consideration - he must be the survivor of one who died as a result of mili= tary service.

= The present law provides a peacetime exemption for anyone whose pare= nt or sibling was killed in action, died in line of duty, or died later as a result of disease or injury incurred in line of duty while serving in the a= rmed forces of the United States. = Also included are those whose parent or sibling is in a captured or missing stat= us as a result of service in the armed forces during any period of time. This = is known as the “surviving son or brother” provision. A man does n= ot have to be the only surviving son in order to qualify; if there are four so= ns in a family and one dies in the line of duty, the remaining three would qua= lify for surviving son or brother status under the present law. The surviving so= n or brother provision is applicable only in peacetime. It does not apply in tim= e of war or national emergency declared by the Congress.

The original law, passed in 1948, exempted the sole surviving son of= a family where one or more sons or daughters died as a result of military service. No restriction existed at that time to limit the exemption to peacetime. The provision was intended to protect families which had lost a member in World War II.

In 1964, recognizing that sons of World War II vete= rans were reaching draft age, Congress changed the law to include the sole survi= ving son of a family where the father, or one or more sons or daughters, died as= a result of military service. At this time the peacetime-only restriction was also added to the law. A further change was made in 1971, expanding the exemption to any son, not necessarily the sole surviving son, of a family w= here the father, brother or sister died as a result of military service. This provision was recently expanded to include mothers. In addition to peace-ti= me draft deferment, the Department of Defense authorizes discharges for any so= n or daughter in a family in which the father or mother or one or more sons or daughters:

- Have= been killed in action or have died when serving in the U.S. Armed Forces from wounds, accident, or disease.

- Are = in a captured or missing-in-action status.

- Have= a permanent 100% Service-related disability (including 100% mental disability= ), as determined by the Veterans’ Administration or one of the Military Services, and are not gainfully employed because of the disability.

Under the provisions of DOD Directive 1315.15, this= is a voluntary separation procedure which must be initiated by the service membe= r. It does not apply during times of War or National Emergency declared by Congress. It also does not apply to commissioned officers or warrant office= rs unless they were involuntarily drafted into the Armed Forces (as there is currently no draft going on, that means commissioned officers and warrant officers cannot be released from service under this provision). Additionall= y, service members who enlist, reenlist, or voluntarily extends his or her active duty period after having been notified of the family casualty on which the survi= ving status is based shall be considered as having waived his or her rights for separation as a surviving son or daughter. A member who has waived his or h= er right to a separation as a surviving son or daughter may request reinstatem= ent of that status at any time. However, a request for reinstatement shall not = be granted automatically, but shall be considered on the merits of the individ= ual case. [Source: About.com: U.S. Military Rod Powers article 15 Jun 07 ++]

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VA HOMELESS VETS UPDATE 04: A recently completed Congressional Research Service (CRS) report on homeless veterans says the wars in Iraq and <= st1:place w:st=3D"on">Afghanistan have contributed = to a sharp rise in the number of homeless military veterans. The report shows:

- Fema= le veterans were as much as four times more likely to become homeless than non-veteran women.

- Male veterans nearly twice as likely to become homeless than non-veterans.

- The = largest group of homeless vets comes from those who enlisted after Vietnam= .

- Alth= ough experiences in combat and Posttraumatic Stress Disorder are contributing fa= ctors to homelessness, studies have found no unique association between combat-related PTSD and homelessness.

- Sinc= e Vietnam= , most veterans do not normally become homeless within the first 10 years of separation. (Note: This is contradictory to a DEC 06 Iraq Veteran Project study prepared by the Swords= to Plowshares veterans’ advocacy group which said that troops who’= ve served in Iraq and Afghanistan are becoming homeless sooner than their predecessors - seeking housing services within months after returning from Iraq.)

- Ther= e are currently five federal programs specifically designed to assist homeless veterans, these programs will require about $270 million in 2007, and future costs are on the rise. (Note: This leaves many veterans’ advocates concerned that the current VA budget and infrastructure will not be able to respond to the needs of an ever-increasing number of homeless and at risk veterans in the coming years.)

According to the Iraq Veteran Project report, the V= A has created a list of factors that can help prevent homelessness, including employment assistance, transition assistance, rehabilitation, medical care, commensurate employment, compensation award and work therapy. Congress is taking notice. In APR 07 Sen.= Obama introduced legislation dubbed the “Homes for Heroes Act”, which would establish grant and voucher programs to encourage development of affordable housing targeted for veterans. In addition, Sen. Daniel Akaka (D= -HI) has introduced a bill that would institute a program in which the VA and DoD would work together to identify returning members of the armed services who= are at risk of homelessness. On the other side of the aisle, Sen. Larry Craig (R-ID), has said, “The number of homeless on any given night is too h= igh and we are working hard on Capitol Hill to turn those numbers around.”= ; In response to congressional pressure, the Pentagon recently partnered with several federal agencies to create an online portal called “Turbo TAP” designed to help veterans get the information, counseling, and access to the services they need to ensure a successful transition from military to civilian life. [Source: Military.com Terry Howell article 18 Ju= n 07 ++]

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VET CEMETERY FLORIDA UPDATE 06: On 15 JUN th= e U.S. House approved $27.8 million in federal funding to construct a national veterans cemetery in Sarasota County Florida. The funding is included in the Fis= cal Year 2008 Military Construction and Veterans Affairs Appropriations Act (H.= R. 2642), which provides a necessary increase in federal funding to meet the needs of our nation’= ;s military and honor our commitment to our veterans. The Sarasota National Veterans Cemetery is currently in the design phase. It will be located on 295 acres of land purchased in April by the Veterans Administration. Construction is planned for May 2008 with the first burials anticipa= ted in OCT 08, with the entire first phase of the project expected to be comple= te in 2011. The 60 acre site will provide 25,700 casket and cremation burials. The entire property is expec= ted to provide burial capacity beyond the year 2050. The cemetery funding in this bill = will help ensure that the nearly 400,000 area veterans can be placed to rest clo= se to home and with the honor and dignity the deserve. [Source: Rep. Vern Buch= anan Press Release 20 Jun 07 ++]

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SBA VET ISSUES UPDATE 04: Congressman Vern Buchanan’s (R-FL-13) bill to help veterans make the transition from military life to t= he business world was approved unanimously 18 JUN by the U.S. House. The “SBA Veterans’ Programs Act of 2007” (H.R. 2366), introdu= ced by Buchanan last month, requi= res the SBA to increase its outreach to veterans and authorizes federal funding= for grants and services to help veterans start, manage, or grow a small business. The SBA veterans= 217; programs bill authorizes small business grants between $75,000 and $250,000 each, provides online counseling and distance learning for veterans and mem= bers of the Armed Forces, increases coordination among organizations that assist veterans, and creates a marketing campaign to promote awareness regarding S= BA programs for veterans. The bi= ll also requires the SBA to increase the number of Veterans Business Outreach Centers, which provide business training, counseling, technical assistance,= and mentoring by at least four over the next two years and to establish a Women Veterans Business Training Resource Program to compile and disseminate information on resources available to women veterans for business training.= Finally, the bill requires an independent study to identify gaps in the availability of outreach centers. Buchanan’s bil= l was cosponsored by 19 bipartisan Members of Congress, including House Small Business Committee Chairwoman Nydia Velazquez (D-NY) and Ranking Member Ste= ve Chabot (R-OH). Buchanan is a member of the House Small Business Committee, = and a member of the House Committee on Veterans’ Affairs. The measure now goes to the Senate for consideration. [Source: Buchanan Press Release 19 Jun 07 ++]

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VA BUDGET 2008 UPDATE 06: The Senate Appropriations Subcommi= ttee for Military Construction and VA Funding approved their version of the fisc= al year 2008 funding bill 14 JUN. The legislation will provide more than $87.5 billion to fund the VA. This includes $44.4 billion for mandatory veterans’ benefits and a record $43 billion in discretionary spending which is $6.5 billion above last year’s funding level. Included in the bill:

- $3.6= billion for medical administration.

- $4.1= billion for medical facilities.

- $500= million for medical and prosthetic research.

- $29 = billion for Medical Care, with money set aside for polytrauma care, mental health services, and specialized treatment for TBI and PTSD.

- $1.3= billion for the Veterans Benefits Administration to allow for the hiring of more th= an 500 new disability claims processors to tackle the backlog of compensation claims.

- $1 b= illion above the President’s request for minor construction and nonrecurring maintenance of VA hospitals and facilities to avoid the same type of deterioration as at Walter Reed.

The bill is before the full Senate Appropriations Committee, and if cleared there, would move to the full Senate for a vote. = If approved, the Senate bill would then need to be matched up with the version moving through the House to resolve differences before presenting it to the President for his signature. The House version has similar funding levels.<= span style=3D'mso-spacerun:yes'> [Source: VFW WA Weekly 18 Jun 07 += +]

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VA PROJECT HERO:&n= bsp; Project HERO is a demonstration project that is being piloted in selected Veterans Integrated Service Networks (VISNs) to maximize the care = VA provides directly and better manage Fee care. The project has the potential= to reduce VA contract costs while improving access, accountability, care coordination, patient satisfaction and clinical quality. The ultimate goal = of Project HERO is to ensure all care delivered by VA - whether through VA providers or community partners - is of the same quality and consistency for all veterans. Under this prog= ram The Department of Veterans Affairs (DVA) can give private HMOs and other he= alth networks access to a multibillion-dollar market for veterans’ care th= at the companies hope, and veterans fear, could open a new era of outsourcing.= The nation’s major veteran’s organizations have fought a fierce but behind-the-scenes battle since a pilot program began to take shape in FEB 06. At an industry day gather= ing, VA invited executives from dozens of private health networks to bid for con= tracts giving the government discounts in exchange for a potential bonanza. Some executives say they are aggressively pursuing that business and more.

Despite its flaws, the VA health care system is widely regarded as a= mong the best in the nation. A nearly united front of veterans groups argues that the pilot project is a step toward privatizing work now done at VA hospitals and clinics. Nevertheless, the DVA expects to award five-year contracts next month that could put hundreds of thousands of procedures under HMOs. The contracts will cover four multistate DVA administrative regions that include the veterans’ haven of = Florida, 11 other mostly rural states and portions of another 12. The project underscores wartime strains on the VA health care system despite huge hikes= in the department’s budget since the wars in Iraq and Afghanistan began. Some in Congress have chafed at the spending and support alternatives. Veterans compla= in about long waits for appointments and other problems they want fixed intern= ally. Private health providers see the VA’s shortcomings and growing patient load as a business opportunity. The VA spends an estimated $2 billion to $2= .5 billion a year nationwide on care outside its hospitals and clinics. That is mostly in cases where the VA lacks equipment, is up against backlogs or does not have a presence in rural areas.

= Project HERO, short for Healthcare Effectiveness through Resource Optimization, would allow spending on many outsourced procedures to rise by= up to twice last year’s amounts. Veterans say that means the department pla= ns to greatly expand its use of private care at the expense of equipment, staff and other needs inside the VA. VA officials in charge of the project declin= ed several requests for interviews and to provide data supplied to private companies for use in bids due last month. Some companies clearly see a long-term opportunity that could be expanded nationally. Health care giant Humana Inc., for example, formed a new unit, Humana Veterans Healthcare Services, in FEB to pursue Project HERO and other potential outsourcing opportunities at the VA. The House and Senate appropriations committees in = late 2005, required a program of this sort in a little-noticed paragraph of a re= port accompanying the fiscal 2006 spending bill. GOP lawmakers at the time were concerned about rapid increases in VA funding. The intent of the 2005 order= was to better manage spending outside the VA system and achieve savings through contracts rather than simply paying fees. Veterans groups have advocated a program to accomplish that, but they say the VA has expanded this project f= ar beyond better management of current outsourcing.

= When the department released its initial proposal last summer, veter= ans groups were stunned. The plan would have allowed spending on procedures in = the contracts to rise up to fivefold across the board and would have allowed the project to spill outside the four multistate regions designated as official demonstration zones. Veterans shelled the plan until the VA tabled it a mon= th later. In January, the DVA issued a scaled-back proposal, which has since b= een amended several times but fails to satisfy veterans groups.. The VA asserts= in available materials that Project HERO will remain limited to services the government system cannot provide. Veterans groups say the guts of the propo= sal suggest otherwise.

The House appropriations committee, which proposed = this program, predicted it could save $400 million a year. People involved in the project, including corporate executives, said they have no sense of the sav= ings or the ultimate government spending on private work because details of how Project HERO will be administered are unclear. “We see a potential fo= r a lot of care going out to these contractors, swallowing up, getting their fo= ot in the door and getting whatever they can,” said Joy Ilem, a lobbyist= for Disabled American Veterans. F= or more info on Project HERO refer to http://www.va.gov/hac/hero. [Source: Sarasota Herald-Tribune Cory Reiss arti= cle 18 Jun 07 ++]

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VETERAN DISINTERMENT: Picking up and moving a dece= ased family member is something most people do not think about. The vast majorit= y of families consider the final resting place to be final. The decision is made when a person’s desire to have his/her loved one nearby overcomes any desire= to leave a grave undisturbed. Funeral and cemetery directors say the scenarios= are complicated and endless. National veterans’ cemeteries charge nothing= for any services they provide for disinterment. The disinterred get a new gravesite, a free headstone and are even entitled to another volunteer honor guard service when the new grave is sealed. However, the family is responsible= for the arrangements and cost of the movement from one gravesite to another. The veteran cemetery personnel dig= down to the casket. When they stop digging that is where a funeral home comes in= . A funeral director has to be present while a vault company extracts either the casket or the vault it is encased in. The vault company loads it into a hea= rse or van or, if the entire vault is moved, onto a flatbed and drives it to the new resting place. It unloads= it into the new grave and seals it, again under the eye of a funeral director. This can cost $2500 and up dependent on where and how far the new gravesite= is located. The funeral director= will normally take care of any permits required. Veterans Affairs does not keep tra= ck of how much it costs them to disinter, officials said. But it can be time-cons= uming, especially in sandy Florida where it can take up to six hours to unbury a casket if the soil does not h= old tight. Sandra Beckley, who ru= ns the new national cemetery in Georgia and the future director of the Florida Sarasota cemetery when= it opens in the fall of 2008 said, “Whether it takes a couple of hours o= r a half-day to re-dig a grave, the agency considers it a service veterans are entitled to. Burial at a VA cemetery is a benefit for the veteran and his honorable service, and if the family wishes to do a disinterment, it is the= ir right.” [Source: Tampa Tribune Gre= tchen Parker article 17 Jun 07 ++]

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CREDIT CARD PENALTIES: Congress has held hearings t= wice this year to grill credit card executives on their fees and billing practic= es and the added heat on plastic providers may leave you with more cold cash.<= span style=3D'mso-spacerun:yes'> Following are some changes that ha= ve been implemented since those hearings:&nbs= p;

- Citi= group has dropped the "universal default" penalty on all its cards. This clause allows card issuers to boost interest rates to as much as 35% if a cardholder is late paying any other, unrelated bill—such as a mortgage—even if the customer has never been late with a credit card payment. To see if your card carries a universal default penalty, contact y=