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RAO Bulletin
15 December 2008

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THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

== VA Disability Compensation [03] -------- (Widows Cheated)
== Vet Legislative Advances --------------------------------- (2008)
== Mobilized Reserve 10 DEC 08 --------------- (3577 Increase)
== NY Vet Property Tax Relief -------------- (Tax Break Delays)
== Tomb of the Unknowns [03] ---------- (Army Declines Offer)
== VA Appointments [04] ------------------------- (Flaws Found)
== VA Secretary [08] --------------------------- (Eric K. Shinseki)
== IRS FEIE Residency Test ----------------------- (330 Days ++)
== Recruiting Non-citizens [01] -------- (MAVNI Pilot Program)
== TSGLI [02] ----------------------------------- (Benefits Expand)
== VA Secretary Annual Report --------------- (Self Assessment)
== Traumatic Brain Injury [05] ----- (Blast Exposure Database)
== VA Benefits ------------------------------------ (Informing Vets)
== VA Clinic Openings [11] ------------------- (31 New Clinics)
== Grace After Fire ----------------------- (Women Vet Resource)
== Medicaid Copay ----------------------------------- (New Rules)
== VA Claims Backlog [20] ------------------ (New York Office)
== Veteran Web Links [02] --------------------- (Where to Look)
== Military History Anniversaries -------------- (Dec Summary)
== Burn Pit Toxic Emissions [0------- (Halliburton/KBR Sued)
== HELOC Fraud ---------------------------------- (Identity Theft)
== Burn Pit Toxic Emissions [02] ------ (Akaka Wants Review)
== Gulf War Syndrome [07] ----------- (IOM to Review Report)
== Vet Jobs [07] --------------------------- (Helmets to Hardhats)
== DoD PDBR [04] ----------------------------- (Review Process)
== VA Compensation Rates (Disability) ------ (2009 Mo Pmss)
== VA DIC Rates 2009 --------------------- (Monthly Payments)
== Cancer Vitamin Study -------------------- (C & E Ineffective)
== Warmth & Health --------------------------------- (House Tips)
== Military Museums & Memorials ------------------- (Websites)
== Veteran Legislation Status 14 DEC 08 --- (Where we Stand)

===============================

VA DISABILITY COMPENSATION UPDATE 03:    The Veterans Affairs
 Department has been wrongfully recovering money from widows of deceased veterans
 over the last 12 years by demanding reimbursement for final benefits
 checks in violation of federal law. Sen. Daniel K. Akaka, (D-HI), the
 chairman of the Senate Veterans’ Affairs Committee, confronted the
 department last week about the problem, which has resulted in hundreds of
 thousands of senior citizens losing pension and disability money received
 during the month of their spouse’s death. “This flawed practice has
 caused serious hardship for many widows,” Akaka said. “I suspect that the
 improper procedures have harmed thousands of widows and widowers over
 the last 12 years.”Congress granted veterans’ spouses the right to keep
 their partner’s last month’s worth of benefits when it passed the
 Veterans’ Benefits Improvements Act of 1996 (PL 104-275). The law instructed
 the department to treat disability and pension checks issued during
 the month of a veteran’s death “as being payable to a surviving spouse.”
 But the department never adjusted its systems to follow the law. As a
 result, the department has routinely either refused to send checks or
 taken active measures to retrieve money already sent, including
 collection actions. Akaka brought up the issue in a 5 DEC letter to Secretary
 James B. Peake, asking him to immediately take steps to identify all the
 spouses affected, pay them their missing benefits, and fix the system.

     Akaka’s press secretary, Jesse Broder Van Dyke, said there was no
 evidence officials intentionally withheld any money. “It was something
 that slipped through the cracks,” he said. “They’re using an automated
 system, so they needed to go and change the program, but they never
 did.” Peake responded 11 DEC with a tentative action plan to fix the
 benefits problem over the coming months, saying “I agree that this problem
 must be fixed.” A department spokesman did not immediately respond to
 requests for comment, but a committee aide said solving the problem
 likely would take some time, partly because the department does not keep
 track of all spouses. The aide estimated that up to 50,000 spouses could
 have been affected each year since the law was passed. Each spouse could
 be entitled to anywhere from a few hundred to a few thousand dollars,
 depending on their situation. Repayments could cost the government
 hundreds of millions dollars, the aide said. The department should have
 enough money in its budget to cover the costs, but “they might have to
 come back to Congress for some additional money,” the staffer said. Akaka
 became aware of the problem last month when contacted by Ruby Maile
 Sasaoka, a Hawaii resident whose veteran husband died in 2007. After using
 her husband’s final benefit check for funeral expenses, the Treasury
 department took an equal amount of money directly from her bank account
 without her knowledge. As a result, she unwittingly bounced checks and
 now faces credit issues. [Source: CQ TODAY Josh Rogin article 12 Dec 08
 ++]

===============================

VA DISABILITY & DIVORCE:   United States Code, Title 38, Veteran’s
 Benefits, is the governing document created by the U.S. Congress for the
 administration and protection of benefits, entitlements, and healthcare
 services earned by persons honorably discharged from the U.S. military,
 spouses, dependents, and widows of former military personnel. The
 Department of Veterans Affairs is the sole agency responsible for
 enforcement and interpretation of the contents of USC, Title 38. According to the
 Department of Justice, the ultimate responsibility for all actions
 taken/or not taken under USC, Title 38 falls squarely on the shoulders of
 the Secretary of the Department of Veterans Affairs. One of the primary
 functions of USC, Title 38 is to insure persons not eligible for
 veterans’ benefits, entitlements, compensation, and/or medical services are
 not granted access to such, and veterans receiving benefits,
 entitlements, compensation, and/or medical services are qualified and eligible to
 receive said benefits. In the case of veteran’s disability
 compensation, these funds are paid solely to the disabled veteran for injuries
 incurred in the line of duty. Disability compensation is tax-exempt and
 not classified as ‘income’ by the IRS.  VA disability    compensation is
 also protected from seizure, attachment, garnishment, or levy under any
 legal process whatsoever.             

     USC, Title 38 reads, “Section 5301(a) - 1) Payments of benefits
 due or to become due under any law administered by the Secretary shall
 not be assignable except to the extent specifically authorized by law,
 and such payments made to, or on account of, a beneficiary shall be
 exempt from taxation, shall be exempt from the claim of creditors, and shall
 not be liable to attachment, levy, or seizure by or under any legal or
 equitable process whatever, either before or after receipt by the
 beneficiary.
 www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005301----000-.html”. In spite of this very focused and explicate language,
 every day in civil court rooms across the country disabled veterans are
 being forced to use their earned disability compensation as a divisible
 asset in a divorce settlement, or go to jail for contempt. In a blatant
 violation of USC, Title 38, most family court attorneys and civil court
 judges have wrongly concluded that the federal law does not apply to
 them or their court proceedings. Nothing could be farther from the
 truth. Contrary to the opinions of some, there is no gray area here. When
 the federal law states; ‘under any legal or equitable process whatever,
 either before or after receipt by the beneficiary’, that means exactly
 that. USC, Title 38 makes NO exception for civil court rulings.
 Operation Firing For Effect (OFFE) is currently monitoring over 40 cases
 nationwide where severely disabled veterans are being ordered to use their
 earned disability compensation to pay alimony or spousal support to a
 non-military able body ex-spouse. In a number of these cases the disabled
 veteran has spent months in jail for refusing to give up their
 disability compensation to a third party. Operation Firing For Effect (OFFE) is
 a veteran’s advocacy group devoted to the improvement and protection
 of benefits and entitlements earned by our men and women in uniform.

     Although USC, Title 38 is extremely clear about the protection of
 disability compensation, the Department of Veterans Affairs refuses to
 enforce the laws outlined in Title 38. This inaction by the VA leaves
 the veteran with no other recourse but to pay the court order or go to
 jail. OFFE is currently warning active duty personnel (man, or woman) of
 the waiting ambush they face if they should fall victim to an ugly
 divorce upon returning home. OFFE is recommending all military personnel
 consider filing a premarital/prenuptial agreement designed specifically
 to protect veterans’ benefits from consideration as a divisible asset
 in a divorce. OFFE is also exploring the possibility of filing a
 class-action suit against the Department of Veterans Affairs for failure to
 enforce the federal statues that protect veteran’s benefits from third
 party awards. The Department of Veterans Affairs has an obligation to our
 veterans to protect their benefits and entitlements from abuse and
 theft. For more information on this issue, refer to
 http://jerebeery.com/5301%20Club.htm . To view a video on this subject
 refer to http://www.youtube.com/watch?v=9FAjR-QbhPw . [Source: OFFE
 Release 55 dtd 11 Dec 08 ++]

===============================

VET LEGISLATIVE ADVANCES:   The 2008 legislative year ended with a
 sense of disappointment when a flap over pork-barrel spending caused the
 Senate to abruptly drop consideration of numerous MOAA-endorsed
 amendments in the rush to finish the FY2009 Defense Authorization Act.  Among
 those were amendments that would have expanded concurrent receipt,
 improved compensation for military widows, and improved Guard and reserve
 retirement credit, among others.  While it's frustrating to see action
 deferred another year on those high-profile goals, it's also important to
 acknowledge that Congress did approve many other initiatives sought by
 The Military Coalition:

• Post-9/11 GI Bill: As of August 1, 2009, the new GI Bill will cover
 the full tuition at any state/public college or university, plus a
 stipend for books and housing. Additionally, eligible members willing to
 extend their current service for four or more years will be able to
 transfer the new benefits to a spouse and/or child(ren).
•  Medicare/Tricare Physician Payments: Reversed a 10.6% cut in
 payments to doctors that would have threatened military beneficiaries' access
 to quality care, and substituted a 1.1% increase.
•  Military Pay Raise: Won a 3.9% military pay raise for active duty,
 Guard, and Reserve troops (one-half percentage point higher than the
 defense budget request).
•  Tricare Fees: Barred a Pentagon proposal to impose large health fee
 increases for retirees under 65 and retail pharmacy copays for all
 Tricare beneficiaries.
•  Reserve Tricare Premiums. Won a major reduction in Tricare Reserve
 Select premiums for currently serving Guard/Reserve members and
 families, effective in JAN 09.
• Preventive Care Services: Authorized the Pentagon to waive copays and
 deductibles for certain preventive health services to encourage
 military beneficiaries to pursue healthy lifestyles.
•  Tax Issues: Authorized disabled military retirees to file up to five
 years of amended income tax returns in the event of delays in award of
 a VA disability rating. Authorized survivors to deposit the $100,000
 military death gratuity into an IRA.
•  Paternity Leave: Authorized 10 days of leave, in addition to regular
 leave, to allow military fathers to bond with a newborn child.
•  In-state tuition: All states must now provide continuity of in-state
 tuition when military parents move (14 states did not at the beginning
 of 2008)

Also during 2008, we realized the fruits of past years' labor on
 several fronts:

• SBP age-62 annuity: As of April 1, 2008, all military survivors age
 62 and older had their Survivor Benefit Plan annuities increased to
 equal 55% of the deceased member's covered retired pay. This was the final
 installment of a four-year phase-in that cumulatively raised SBP
 annuities by almost 60% for survivors age 62 and older. Before enactment of
 the MOAA-sponsored change, survivors received only 35% of covered
 retired pay.
•  Paid-up SBP: Effective 1 OCT 0, military retirees who have attained
 age 70 and paid at least 30 years of SBP premiums have been awarded
 "paid-up SBP" status, so that premiums for SBP will no longer be deducted
 from their retired pay.
•  Combat-Related Special Compensation (CRSC): Thousands of members
 medically retired with less than 20 years of service due to combat- or
 operations-related injuries became eligible for CRSC.
•  Special Survivor Indemnity Allowance: As of 1 OCT, survivors subject
 to deduction of VA survivor benefits from their SBP annuities began
 receiving a modest rebate of $50 per month.
• Concurrent Retirement Disability Pay (CRDP): Phased-in restoration of
 the retired pay deducted from military retirees’ accounts due to their
 receipt of Veterans Affairs compensation (reflected on Retiree Account
 Statements as the “VA waiver”) will be 84.88% in 2009.
[Source: MOAA Leg Up 12 Dec 08 ++]

===============================

DFAS 1099R FOR 2008 UPDATE 01:    The Defense Finance and Accounting
 Service (DFAS) has posted the following schedule for issuing members' tax
 statements for the 2008 tax year. The first date indicates when
 statements will be accessible on line through myPay. The second date
 indicates when they will be mailed out to those who have not registered for
 on-line access.

• Retiree Annual Statement: Dec. 10 (myPay) or Dec. 16-22 (U.S. mail).
•  Retiree 1099R: Dec. 22 (myPay) or Dec. 16-22 (U.S. mail).
•  Annuitant Account Statement: Dec. 15 (myPay) or Dec. 22-24 (U.S.
 mail).
•  Annuitant 1099R: Dec. 15 (myPay) or Dec. 22-24 (U.S. mail).
•  VSI/SSB W-2: Jan. 2 (only available through U.S. mail).
•  Active Duty Army, Navy, Air Force W-2: Jan. 22 (myPay) or Jan. 23-29
 (U.S. mail).
•  Reserve Army, Navy, Air Force W-2: Jan. 2 (myPay) or Jan. 5-8 (U.S.
 mail)

Retirees who don't have access to myPay and have requested a hardcopy
 of a Retired Account Statement and a 1099R will be sent a combined
 mailing in late December or early January. Annuitants will receive a
 combined mailing of both the Annuity Account Statement and the 1099R. If you
 don't receive your statement(s) by January 15, 2009, you have several
 options:

- Access the myPay system and adjust your account.
- Request a 1099R through DFAS' Interactive Voice Response System
 (1-888-332-7366).
- Contact DFAS Customer Service Center at 1-800-321-1080 Additional
 information can be found on the DFAS Web Site www.dfas.mil .
[Source: MOAA Leg Up 12 Dec 08 ++]

===============================

MOBILIZED RESERVE 10 DEC 08:    The Army, Air Force and Marine Corps
 announced the current number of reservists on active duty as of 10 DEC 08
 in support of the partial mobilization. The net collective result is
 3,577 more reservists mobilized than last reported in the Bulletin for 1
 DEC 08. At any given time, services may mobilize some units and
 individuals while demobilizing others, making it possible for these figures
 to either increase or decrease. The total number currently on active
 duty in support of the partial mobilization of the Army National Guard and
 Army Reserve is 97,824; Navy Reserve, 5,885; Air National Guard and
 Air Force Reserve, 11,080; Marine Corps Reserve, 8,536; and the Coast
 Guard Reserve, 858. This brings the total National Guard and Reserve
 personnel who have been mobilized to 124,183 including both units and
 individual augmentees. A cumulative roster of all National Guard and Reserve
 personnel, who are currently mobilized, can be found at
 http://www.defenselink.mil/news/Dec2008/d20081209ngr.pdf . [Source: DoD
 News Release 1006-08 10 Dec 08 ++]

===============================

NEW YORK VET PROPERTY TAX RELIEF:   Counties, towns and cities
 throughout the Capital Region are placing laws on the books providing a new
 property tax exemption authorized by the state back in 2007 in honor of
 Cold War veterans. But of all the veterans in Albany, Fulton, Montgomery,
 Schoharie, Schenectady and Saratoga counties, only 73 will see the
 benefit on their 2009 tax bills — and they are all in Montgomery County,
 according to officials in the various counties. Difficulties veterans
 experienced under the law’s first provisions prompted revisions of the
 state law that carried into 2008, and some counties waited to pass their
 laws until the confusion was cleared up. Those that waited and passed a
 local law this year, or who do so in time for veterans to apply by 1
 MAR 09, will be offering eligible veterans the benefit, which they’ll
 see on their tax bills in 2010. Despite confusion at the state level,
 Montgomery County supervisors approved their law in time for veterans to
 get their applications into their assessors’ offices by 1 MAR 08. The 73
 Montgomery County veterans will be exempt from county taxes on 15% of
 their property’s assessed value up to $12,000, for properties assessed
 at full value. In the Montgomery County town of Charleston, for
 example, where property is assessed at full value, an eligible veteran with a
 home assessed at $100,000 will pay county property taxes on $88,000,
 for a savings of roughly $160 under 2008 tax rates.

     The benefit is greater if the eligible veteran has a disability,
 and the exemption is not allowed if the veterans already make use of
 other property tax exemptions offered to veterans.To be eligible, the
 property has to be a residence. State law approved in AUG 07 created the
 exemption to recognize thousands of veterans who served on active duty
 between 2 SEP 45 and26 DEC 91, but were never recognized with such a
 credit. The state made the benefit optional, so counties, cities and towns
 must make their own local laws and extend the benefit if they choose.
 In Montgomery County, the discussion began in 2007. The county’s Board
 of Supervisors passed the law and veterans began submitting applications
 to their assessors. Quirks in the law as originally written caused
 difficulties for some veterans. Many never got a “Cold War Recognition
 Certificate” required for eligibility, and some were injured prior to
 serving all of the 365 days in the military required to qualify, so they
 were left out as well, under early provisions. The initial law also
 called for veterans to reapply each year. That was changed to each 10 years,
 and the certificate and one-year service requirements were all
 eliminated by the state Legislature.

     The changes in the law caused confusion and Montgomery County
 supervisors ultimately did the whole process all over again, said Minden
 Supervisor Thomas Quackenbush, a supporter of the law in 2007 when former
 County Veterans Service Agency Director William Mullarkey brought it
 to the county board’s attention. “We could have very easily been in the
 same boat,” said Quackenbush, who said the Minden Town Board just
 passed the law for town taxing purposes. He said Minden passed a law in time
 for veterans to obtain the benefit in 2009, but it was flawed due to
 discrepancies in the numbers and the town had to do it all over again.
 The property tax exemption for Cold War Veterans lasts 10 years, and
 veterans need to fill out an application by the taxable status date in
 their municipality, which is typically in March. The city of Amsterdam’s
 taxable status date is 1 DEC so those who haven’t yet applied can do so
 for their 2011 tax bills in Amsterdam. State Division of Veterans
 Affairs Director William Kraus said that veterans should contact their local
 veterans’ service agency to ensure they are receiving benefits they’ve
 earned on active duty. Veterans in need of help can get in touch with
 a counselor through the state Veterans Affairs toll-free number at
 1-888-VETS-NYS. [Source: Schenectady Gazette Edward Munger article 10 Dec
 08 ++]

===============================

TOMB OF THE UNKNOWNS UPDATE 03:    Despite an economic crisis that has
 organizations from small-town mom-and-pop shops to local and national
 governments tightening their belts, the Department of the Army still
 refuses to accept a donation from a Glenwood Springs CO man that could
 save it millions of dollars. The donation in question is a 118,000-pound
 slab" of marble, valued at just over $31,000, from "the Yule Quarry in
 Marble, Colo." Retired Glenwood car dealer John Haines has been trying
 to donate the marble since 2003. It "would replace the cracked Tomb of
 the Unknowns at Arlington National Cemetery, but procedure dictates that
 all government jobs must go through a pricey bidding process, thereby
 disqualifying Haines' donation. [Source: AP article 8 Dec 08 +]

===============================

VA APPOINTMENTS UPDATE 04:    U.S. Senator Daniel K. Akaka (D-HI),
 Chairman of the Veterans' Affairs Committee on 5 DEC responded to two new
 Office of Inspector General (IG) reports regarding unused appointments
 in VA and VA procedures for scheduling appointments and maintaining wait
 lists.  Senator Akaka requested the reports as part of continuing
 oversight of these issues, and based on information received by the
 Committee. "The fact that we continue to see a trend of flawed or inefficient
 scheduling practices being used by VA is troubling.  I have led the
 fight to provide full funding for VA but VA must be as efficient and
 accurate as possible in order to avoid waste and mismanagement, especially
 in these times of economic difficulty." said Akaka. According to
 information provided by IG, approximately 4.9 million appointments, 18% of all
 VHA appointments, were unused during Fiscal Year 2008.  By
 implementing IG recommended procedures to fill appointments before they go unused,
 conservative estimates suggest that VHA could save at least $76
 million annually and $380 million over five years. IG also reported that in
 the North Florida/South Georgia Veterans Health System, scheduling
 continues to be done inaccurately, resulting in distorted data being
 reported.  By placing new patients in "non-count" clinics, statistics on how
 long veterans wait for their initial appointments can be skewed.  VA's
 data collection does not track those placed in these clinics, which are
 typically used for routine procedures such as checking blood pressure.
  VA, Congress, and others rely on this data to make informed decisions
 about staffing and funding levels. [Source: Senator Akaka News Release
 5 Dec 08 ++]

===============================

HEART ATTACK UPDATE 02:    New York City announced that it will require
 all ambulances to take cardiac arrest patients not to the nearest
 hospital, but to those hospitals that use specialized cooling equipment to
 lower the temperature in the brain, even if they're farther away.
 Starting 1 JAN ambulances will be re-routed to hospitals offering this
 "cooling therapy." About one third of city hospitals currently have the
 technology and some are working to get cooling operations before the
 deadline. Typically, after someone suffers cardiac arrest, emergency
 technicians attempt to restore a pulse, and most patients head to the nearest
 emergency room in a coma. New York now joins eleven other cities,
 including Boston, Miami and Seattle, in re-directing cardiac arrest cases to
 hospitals offering cooling therapy – a technique that has been shown to
 reduce brain damage and deaths.  We'll do everything we can in this
 city to make sure you survive," said New York City Mayor Michael
 Bloomberg. In the cooling process called therapeutic hypothermia, doctors lower
 the temperature in the body and, more importantly, in the brain from
 98 degrees down to 90 degrees. While it's just an 8 degree difference,
 the cooler temperature helps reduce brain damage. "When you cool the
 brain, the brain cells go to sleep, go into a state of hibernation, where
 they don't work so hard," said Dr. Fink of New York-Presbyterian/Weill
 Cornell Medical Center. "They don't need to use oxygen anymore and it
 gives them a chance to rest and recover from their injury." Studies in
 the New England Journal of Medicine show that cooling therapy reduces
 serious brain damage by 50% and lowers death rates by 25%. Cooling
 therapy often works out to cost about $1,000 per patient for a state-of-the
 art cooling suit, but the treatment can be done using less expensive
 methods. "It's been over five years since the American Heart Association
 endorsed this treatment and it simply baffles me why more hospitals
 don't do it," said Dr. Michael Sayre of Ohio State University. "I think
 part of the reason why they don't do the treatment is because they think
 it's harder than it really is. Actually all you need is an ice machine
 and a cooling blanket."  Thousands of lives could be saved, Sayre said,
 if more hospitals offered cooling therapy. With the country's largest
 city now pushing the therapy, researchers predict more cities will soon
 follow suit. [Source: ABC News 8 Dec 08 ++]

===============================

VA SECRETARY UPDATE 08:    President-elect Barack Obama has chosen
 retired Gen. Eric K. Shinseki to be the next Veterans Affairs secretary,
 turning to a former Army chief of staff once vilified by the Bush
 administration for questioning its Iraq war strategy. He will be the first
 Asian-American to hold the post of Veterans Affairs secretary, adding to
 the growing diversity of Obama’s Cabinet. “I think that General Shinseki
 is exactly the right person who is going to be able to make sure that
 we honor our troops when they come home,” Obama said in an interview
 with NBC’s “Meet the Press”. Shinseki’s tenure as Army chief of staff
 from 1999 to 2003 was marked by constant tensions with Defense Secretary
 Donald Rumsfeld, which boiled over in 2003 when Shinseki testified to
 Congress that it might take several hundred thousand U.S. troops to
 control Iraq after the invasion. Rumsfeld and his deputy, Paul Wolfowitz,
 belittled the estimate as “wildly off the mark” and the general was
 marginalized and later retired from the Army. But Shinseki’s words proved
 prophetic after President George W. Bush in early 2007 announced a
 “surge” of additional troops to Iraq after miscalculating the numbers needed
 to stem sectarian violence. Obama said he chose Shinseki for the VA
 post because he “was right” in predicting that the U.S. will need more
 troops in Iraq than Rumsfeld believed at the time.


     Shinseki, 66, is slated to take the helm of the government’s
 second largest agency, which was roundly criticized during the Bush
 administration for underestimating the amount of funding needed to treat
 thousands of injured veterans returning from Iraq and Afghanistan. Thousands
 of veterans currently endure six-month waits for disability benefits,
 despite promises by current VA Secretary James Peake and his
 predecessor, Jim Nicholson, to reduce delays. The department also is scrambling to
 upgrade government technology systems before new legislation providing
 for millions of dollars in new GI benefits takes effect next August.
 Sen. Daniel Akaka, D-Hawaii, and chairman of the Senate Veterans Affairs
 Committee, praised Shinseki as a “great choice” who will make an
 excellent VA secretary. “I have great respect for General Shinseki’s
 judgment and abilities,” Akaka said in a statement. “I am confident that he
 will use his wisdom and experience to ensure that our veterans receive
 the respect and care they have earned in defense of our nation.
 President-elect Obama is selecting a team that reflects our nation’s greatest
 strength, its diversity, and I applaud him.”Veterans groups also cheered
 the decision. “General Shinseki has a record of courage and honesty,
 and is a bold choice to lead the VA into the future,” said Paul
 Rieckhoff, executive director of the Iraq and Afghanistan Veterans of America.
 “He is a man that has always put patriotism ahead of politics, and is
 held in high regard by veterans of Iraq and Afghanistan.”

     Obama’s choice of Shinseki, who grew up in Hawaii, is the latest
 indication that the president-elect is making good on his pledge to have
 a diverse Cabinet. In Obama’s eight Cabinet announcements so far,
 white men are the minority with two nominations — Timothy Geithner at
 Treasury and Robert Gates at Defense. Three are women — Janet Napolitano at
 Homeland Security, Susan Rice as United Nations ambassador and Hillary
 Rodham Clinton at State. Eric Holder at the Justice Department is
 African American, while Bill Richardson at Commerce is Latino. Shinseki is a
 recipient of two Purple Hearts for life-threatening injuries in
 Vietnam. Upon leaving his post in June 2003, Shinseki in his farewell speech
 sternly warned against arrogance in leadership. “You must love those
 you lead before you can be an effective leader,” he said. “You can
 certainly command without that sense of commitment, but you cannot lead
 without it. And without leadership, command is a hollow experience, a vacuum
 often filled with mistrust and arrogance.”Shinseki also left with the
 warning: “Beware a 12-division strategy for a 10-division army.”
 [Source: ArmyTimes Hope Yen AP article 8 Dec 08 ++]

===============================

IRS FEIE RESIDENCY TEST:   To take advantage of the Foreign Earned
 Income Exclusion ($87,600 in 2008), an American expatriate must qualify for
 foreign residency. Under the bona fide residency test, he or she would
 need to be a foreign resident for one tax year. For most people, a tax
 year is a calendar year. In addition, though, an expat must show
 intention to be a foreign resident. Evidence of intent includes family
 presence, renting or buying a place of residence rather than staying in a
 hotel room, participating in community activities, maintaining a
 permanent foreign address, and opening charge accounts. While these criteria
 may appear extravagant, other criteria definitely kill qualifying: taking
 inconsistent positions toward foreign residency such as filing a
 statement with the foreign authorities that one is not a resident there nor
 held subject to income taxes. Qualifying under the physical presence
 test means staying in a foreign country for 330 days in any 12 month
 period. The time period is not attached to tax year. Nor must the days be
 consecutive. The 330 day period begins and ends with travel to or from
 the United States. Days traveling over international waters or in the
 U.S. do not count. Periodic trips home for vacation or business do not
 disqualify one from the bona fide test. But they reduce FEIE under the
 physical presence test. Bona fide is jeopardized when at the end of the
 first tax year the expat returns stateside for Christmas holidays and
 then does not return to the foreign country. [Source: Barron's
 International Tax Service Nov/Dec 08 ++]

===============================

RECRUITING NON-CITIZENS UPDATE 01:    The Secretary of Defense has
 authorized the military services to recruit certain legal aliens under the
 Military Accessions Vital to National Interest (MAVNI) recruitment
 pilot program whose skills are considered to be vital to the national
 interest. Those holding critical skills – physicians, nurses, and certain
 experts in language with associated cultural backgrounds – would be
 eligible. To determine its value in enhancing military readiness, the
 limited pilot program will recruit up to 1,000 people, and will continue for
 a period of up to 12 months. Criteria for recruitment are:
• Applicant must be in one of the following categories at time of
 enlistment:  Asylee, Refugee, Temporary Protected Status (TPS), or
 Nonimmigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U,
 or V.
• Applicant must have been in valid status in one of those categories
 for at least two years immediately prior to the enlistment date, but it
 does not have to be the same category as the one held on the date of
 enlistment; and
• Applicant who may be eligible on the basis of a nonimmigrant category
 at time of enlistment must not have had any single absence from the
 United States of more than 90 days during the two year period immediately
 preceding the date of enlistment.

Applicants seeking enlistment as Health Care Professionals must:
• Fill medical specialties where the service has a shortfall.
• Meet all qualification criteria required for their medical specialty,
 and the criteria for foreign-trained DoD medical personnel recruited
 under other authorities.
• Demonstrate proficiency in English and a second language. Language
 proficiency in one of the following will be taken into consideration:
  Albanian, Amharic, Arabic, Azerbaijani, Bengali, Burmese,
 Cambodian-Khmer, Chinese, Czech, Hausa, Hindi, Hungarian, Igbo, Indonesian, Korean,
 Kurdish, Lao, Malay, Malayalam, Moro, Nepalese, Persian [Dari & Farsi],
 Polish, Punjabi, Pushtu (aka Pashto), Russian, Sindhi, Sinhalese,
 Somali, Swahili, Tamil, Turkish, Turkmen, Urdu, and Yoruba.
• Commit to at least 3 years of active duty, or six years in the
 Selected Reserve Enlisted Individuals with Special Language and Culture
 Backgrounds.
• Possess specific language and culture capabilities in a language
 critical to DoD.
• Enlist for at least 4 years of active duty
• Meet all existing enlistment eligibility criteria. (Services may add
 additional requirements)

The U.S. military services sign up about 8,000 foreign nationals
 annually and about 29,000 non-citizens serve in the U.S. military today.
 Non-citizen servicemembers normally possess a State Department-issued green
 card that authorizes them to live and work in the United States. The
 pilot program is designed to assist the Defense Department in
 maintaining its requirement of about 24,000 doctors, dentists and nurses for the
 military services. All nursing specialties are needed, as well as
 neural surgeons, family practitioners, dermatologists and some other
 specialties. Past accession programs failed to attract enough medical
 practitioners and linguists so the department decided to focus on foreign
 nationals. Since there are tens of thousands of health professionals in the
 United States on a work visa who would be very interested in achieving
 green card status or, ultimately, citizenship, he pilot program was
 initiated.  It provides successful applicants with a way to accelerate
 achievement of U.S. citizenship with the proviso that "they're willing to
 serve in our time of need to fulfill a vital national interest."
 Applicants are required to commit to specified periods of military service.
  Applicants also will undergo security screenings and meet the same high
 standards required for every other person entering the military today.
  [Source: AFPS Gerry J. Gilmore article 5 Dec 08 &
 www.defenselink.mil/news/MAVNI-Fact-Sheet.pdf ++]

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TSGLI UPDATE 02:    Traumatic Servicemembers’ Group Life Insurance
 (TSGLI) is a congressionally mandated program that applies to members of
 all branches of service and all components — active, Guard or Reserve,
 who incur a traumatic, physical injury based on an external force of
 violence.  More servicemembers may now qualify for TSGLI, because of newly
 expanded benefits resulting from a recent review by the Department of
 Veterans Affairs. TSGLI provides tax-free payments between $25,000 and
 $100,000 per traumatic event, which can be used to help with unseen
 expenses or provide a financial start on life after recovery. The TSGLI
 program began 1 DEC 05, as a non-option selection attached to
 Servicemembers’ Group Life Insurance (SGLI). All servicemembers from that point
 forward who elected SGLI benefits pay $1 towards this coverage each month.
 Servicemembers who incurred a qualifying traumatic injury from 7 OCT
 01, through 30 NOV 05, while on orders outside the United States in
 support of Operation Iraqi Freedom and Operation Enduring Freedom, or
 serving in a Combat Zone Tax Exclusion area, are now also covered by TSGLI,
 regardless of whether they elected SGLI coverage or not. Expansion of
 Covered Losses effective on 26 NOV 08 includes:

• Loss of Sight - Loss of Sight lasting 120 days or more is considered
 as "permanent”, qualifying the service member for the same payment rate
 as for permanent loss of sight ($100,000 for both eyes, $50,000 for
 one eye).
• Uniplegia - Uniplegia (complete and total paralysis of one limb) has
 been added to the schedule of losses with payment at $50,000.
• Amputation of the Hand - The definition of amputation of the hand has
 been expanded to include loss of four fingers (on the same hand) or
 loss of thumb, with payment remaining at $50,000 for one affected hand
 and $100,000 for both hands.
• Amputation of the Foot - The definition of amputation of the foot has
 been expanded to include loss of all toes, with the payment remaining
 at $50,000 for one affected foot and $100,000 for both feet.
• Loss of Four Toes - A new category has been created for loss of four
 toes (on the same foot and not including the big toe) with payment at
 $25,000 for one affected foot and $50,000 for both feet.
• Loss of Big Toe - A new category has been created for the loss of the
 big toe, with payment at $25,000 for one affected foot and $50,000 for
 both feet.
• Limb Salvage - Coverage has been expanded to include limb salvage
 (multiple surgeries intended to save a limb rather than amputate) with
 payment equivalent to amputation.
• Burns - The burn standard, currently 3rd degree (full thickness)
 burns to at least 30% of face or body, has been expanded to include 2nd
 degree (partial thickness) burns to at least 20% of the face or body.
• Hospitalization as a Proxy for ADL Loss - Continuous 15-day inpatient
 hospital care is deemed a proxy for the first ADL eligibility period
 for OTI (Other Traumatic Injury) and TBI (Traumatic Brain Injury)
 claims.
• Facial Reconstruction - Facial Reconstruction, required as a result
 of traumatic avulsion of the face or jaw that causes discontinuity
 defects, has been added to the schedule of losses, with payment levels of
 $25,000 to $75,000, depending upon the severity of the injury.

Servicemembers that have already submitted a claim in the past do not
 need to resubmit. The VA and TSGLI offices for each service will conduct
 a reachback of previously denied claims to see if they qualify for
 payment under the new guidance. Notifications will be sent to
 servicemembers if an additional award is due. To expedite the process, service
 members or veterans who believe they could qualify under the new program
 changes should contact their branch of service TSGLI office to ensure
 that:
• Their previous claim is being reviewed for a new eligibility
 determination.
• All the required information is of record; and
• Their current contact and banking information is up to date.
For more information, refer to:
 http://www.vfw.org/index.cfm?fa=news.newsDtl&did=4849. [Source: VFW
 Washington Weekly 5 Dec 08 ++]

===============================

VA SECRETARY ANNUAL REPORT:    The VA Secretary has forwarded his
 annual Performance and Accountability Report to the President/Congress on
 VA's self-assessment of their progress towards meeting its performance
 goals.  In 2008, with approximately $97 billion in obligations and
 approximately 250,000 employees, VA achieved numerous accomplishments that
 helped improve the quality of life for America’s veterans and their
 families. Major accomplishments are summarized below

1.  Medical Services: Workload has increased significantly over the
 past 8 years, rising from 3.8 million unique patients in 2000 to more than
 5.5 million in 2008.  In 2008, VA achieved the following key results
 to help meet the needs of veterans:
• Patient Access: In 2006, 94% of primary care appointments were
 scheduled within 30 days of the patient’s desired appointment date vs. 98.7%
 in 2008.
•  Quality of Health Care: VA attained scores of 84% and 88% for the
 Clinical Practice Guidelines and Prevention Index, respectively. These
 indices are nationally recognized industry standards used to measure
 quality of health care.
• Rural Health: In rural areas where it is not feasible to establish a
 medical center or outpatient center, VA established the Rural Mobile
 Health Care Clinics pilot project to improve access to primary care and
 mental health services. The project has outfitted four new mobile health
 clinics to serve veterans in 24 predominately rural counties
 throughout Colorado, Nebraska, Wyoming, Maine, Washington, and West Virginia.
• Suicide Hotline and Suicide Prevention: Suicide is the 11th most
 frequent cause of death in America. Vet Centers and VA Medical Centers are
 ready to help veterans at risk for suicide. VA continued to operate a
 national suicide prevention hotline to provide veterans in emotional
 crisis with free, 24/7 access to trained counselors. To operate the
 hotline, VA partners with the U.S. Department of Health and Human Services’
 Substance Abuse and Mental Health Services Administration.
• Traumatic Brain Injury: VA has developed innovative treatment for
 combat veterans returning from Iraq and Afghanistan. Recent developments
 include developing a mandatory TBI training course for all VA health
 care professionals and instituting a program to screen all patients who
 served in the OEF/OIF combat theaters for TBI.
• AW2 Advocates: In 2006, VA began hosting Army Wounded Warrior (AW2)
 Advocates at key VA medical centers. Advocates work closely with Network
 Polytrauma Sites and OEF/OIF Teams to provide transition assistance
 and community support to injured/ill soldiers, veterans, and their
 families. By 31 DEC 08 AW2 Advocates will be in place at 59 VA medical
 centers.
• Call Center: In MAY 08, VA began contacting nearly 570,000 recent
 combat veterans to inform them of VA’s medical services and other
 benefits. In the first phase, calls were made to approximately 15,500 veterans
 who were sick or injured while serving in Iraq or Afghanistan. VA
 offered to appoint a case manager to ensure that they receive appropriate
 care and know about their VA benefits. The second phase launched in June
 is targeting 550,000 OEF/OIF discharged veterans who had not contacted
 VA for services.
• VA Nursing Academy: VA’s Nursing Academy established six new
 partnerships with the country’s leading nursing schools. Through these
 partnerships, VA has increased the number of nursing students coming to VA
 facilities for clinical experiences and the number of baccalaureate degree
 nursing graduates who are making VA their first choice of employment
 after graduation.

2.  Benefits: VA is providing compensation and pension benefits to
 nearly 3.8 million veterans and beneficiaries. In 2008, VA processed more
 than 899,800 claims for disability benefits. Despite greater workload,
 VA achieved a number of significant positive performance results in the
 benefits delivery area:
• Increasing Workforce: Hired nearly 2,000 additional employees to
 process compensation and pension claims to reduce the backlog and improve
 claims processing timeliness.
• Benefits Adjustments: Adjusted compensation benefits for more than
 37,000 veterans entitled to CRSC & CRDP Pay.
• Seamless Transition: Received more than 47,000 pre-discharge claims
 in 2008 through its Benefits Delivery at Discharge (BDD) program and the
 newly introduced Quick Start program. Servicemembers who are within
 60-180 days of discharge and who are available for examination prior to
 discharge can participate in the BDD program. Since VA rates
 disabilities while the servicemembers are still in military service, the BDD
 allows disability benefits to be awarded very soon after discharge. The
 Quick Start program was introduced so that servicemembers with fewer than
 60 days to discharge or who do not meet the BDD criterion requiring
 availability for all examinations prior to discharge can submit a claim
 prior to discharge. In August, VA began processing all BDD claims in a
 paperless environment.
• Quality: Increased to 92% the national accuracy rate for
 authorization work for pension claims, compared to 91% in 2007.
• Timeliness: Processed insurance disbursements in an average of 1.6
 workdays – significantly better than the industry average of 5.7
 workdays.
• Education: Provided education benefits to approximately 539,000
 students of which 20% of these  received VA education benefits for the first
 time. The number of students receiving education benefits continues to
 climb, with claims increasing 10% over the 2007 level to approximately
 1.6 million in 2008.

3.  Cemeteries: VA honors the service and sacrifices of America’s
 veterans through the construction and maintenance of national cemeteries as
 national shrines. In 2008, VA maintained more than 2.9 million
 gravesites at 158 properties, including 125 national cemeteries and 33 other
 cemeterial installations. In this context, the
Department accomplished the following:
• Cemetery openings: VA funded  four new State veterans cemeteries in
 Glennville GA; Anderson SC; Des Moines IA; and Williamstown KY, VA
 increasing  to 84.2% the proportion of veterans served by a burial option
 within a reasonable distance (75 miles) of their residence -- up from
 83.4% in 2007. Continued progress in establishing six new national
 cemeteries to serve veterans in the areas of Bakersfield CA; Birmingham AL;
 Columbia SC; Jacksonville & Sarasota FL; and Philadelphia PA as part of
 the Department’s largest expansion of its system of national cemeteries
 since the Civil War era. These cemeteries are expected to begin
 operations in 2009 and will provide service to about 1 million veterans.
• Timeliness: Achieved a 93% threshold of the proportion of graves in
 national cemeteries marked within 60 days of interment, a compared to
 the 49% level of 2002.
• Quality: Ninety-eight percent of survey respondents rated national
 cemetery appearance as “excellent.”

     The report highlights additional accomplishments in the areas of
 OEF/OIF, Advisory Committee on Gulf War Veterans, VA/DoD Collaboration,
 Finance, Data Quality Data, and Security.  To review the Secretary’s
 letter and the report itself refer to
 www.va.gov/budget/report/2008/SecLetter.pdf & www.va.gov/budget/report/2008/index.htm . [Source: NAUS
 Weekly Update 5 Dec 08 ++]

===============================

TRAUMATIC BRAIN INJURY UPDATE 05:    The National Guard is developing a
 method to track soldiers who have been exposed to blasts in Iraq or
 Afghanistan. The effort will allow soldiers who might develop problems
 years later to show how many times they were in the vicinity of a mortar
 round explosion, improvised explosive device detonation or other blast.
 “A lot of soldiers don’t show symptoms right away,” said Lt. Col.
 Maureen Weigl, project officer for the Army Guard program. However, she
 said, if they show symptoms down the road, there has not been a way to
 link them to exposure to blasts during their service in the war zones.
 “Documenting this information ensures quality of care if they develop
 symptoms,” she said. “Having the documentation available to providers will
 give them the opportunity to treat the issues.” Weigl said she was
 asked by Lt. Gen. Clyde Vaughn, Army Guard director, to visit Iraq and
 review the current method of recording soldiers who are exposed to a blast.
 If nothing was available, something was to be created. The database
 simply records the names of all personnel in the vicinity of a blast—even
 if they are not injured—and how close they were. Weigl said inclusion
 in the database should not be interpreted to suggest something is wrong
 with the soldier. “It merely just links you to a significant
 activity,” she said. The new system debuted in OCT 098 and is now being briefed
 to surgeons and sergeant majors. It is possible the data included will
 help with the future research of traumatic brain injuries and their
 treatment. For the service member, it could help prove that problems
 suffered years later are related to his or her service, which could result
 in VA benefits that otherwise would go unclaimed. [Source: NGAUS Notes 5
 Dec 08 ++]

===============================

VA BENEFITS:   Too many veterans are unaware of the benefits and
 services that are available to them. Many of those veterans have health
 issues and need medical care. Others may be eligible for benefits, but they
 don't know how to go about getting them. The sad fact is, there are
 millions of veterans who have little, or no, medical insurance and are
 paying for care that our Department of Veterans Affairs should be offering
 them for little or no cost.  There are veterans in America today that
 are suffering from illnesses directly related to their service who are
 not aware there is help out there. Needless to say, this is a national
 disgrace. The VA has established a listing of “presumptive illnesses or
 disabilities” that provide a direct link to where and when a veteran
 served. The problem is getting that word out.  For example, the majority
 of “in-country” Vietnam veterans who have survived prostate cancer, or
 have died, had no clue that it was related to their service. The
 reasons that information like this doesn't get to veterans are as varied as
 the cancers and other aliments that are now recognized by the VA.  The
 bottom line is, the VA is doing a crappy job of informing veterans of
 their rights, even though they are required to do so by law!

     Veterans dating back to World War II have been identified as being
 higher risk groups for all forms of leukemia (with the exception of
 chronic lymphocytic leukemia). Cancers of the thyroid, breast, pharynx,
 esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder,
 salivary gland, urinary tract, brain, bone, lung, colon and ovaries
 are recognized as service-connected. Bronchiolo-alveola carcinoma,
 multiple myelomas, lymphomas, and primary liver cancer (with the exception of
 cirrhosis or hepatitis B is indicated) are also on the list. Veterans
 who served in the Southwest Asia Theater of Operations during the Gulf
 War have been showing signs of medically unexplained chronic
 multi-symptom illnesses defined by a cluster of signs or symptoms that have
 existed for six months or more. The signs are chronic fatigue syndrome,
 fibromyalgia, irritable bowel syndrome, and any undiagnosed illness that
 the secretary of Veterans Affairs determines warrants a presumptive of
 service connection. All of the mentioned have at least a 10% rating. How
 many veterans are aware that within one year of their release from
 active duty, those chronic diseases (such as arthritis, diabetes, or
 hypertension) can be linked to their time in the military? How many veterans
 know that if they spent 90 days or more active duty, and were diagnosed
 with amyotophic lateral sclerosis (ALS -- Lou Gehrig's disease), they
 may have it because of time they spent in the military?

     When I hear the old refrain from the VA that they do not have the
 resources to inform our veterans of these options for treatment and
 help, my blood boils. There is absolutely no reason that the VA can't work
 more closely with the traditional media such as television, radio, and
 newspapers to get this important information out to the vast veteran
 population in our country. In this new age, all avenues should be
 explored to get the word out. The VA should work the Web to provide
 easy-access blogs that give medical updates, and a more friendly service
 approach than the traditional VA Web site which is like navigating through a
 maze. I support the good things the VA does, such as the recently
 implemented Veterans Suicide Hotline. For the record, that hotline was in
 response to the orders of the federal court to inform veterans of their
 options and to help them regardless of where they were in the country.
 Without information, veterans have no hope when they become ill and
 wonder where to turn. Getting information to them is a matter of life and
 death. Especially, if a veteran dies and his/her family are left paying
 crushing private medical bills that should have been handled by the VA.

     Despite talk of caring for veterans, the VA is not walking the
 walk when it comes to informing them of their rights and medical benefits.
 VA clinics nationally need to step up and have handouts available
 (where they can be easily seen) for veterans whose lives may depend upon
 the knowledge in them. By not making more of an effort than it is to get
 this valuable information out to all veterans, the VA is failing in its
 mission to us. Men and women who have served their country honorably
 are now being dishonored by this lack of attention to something so
 vital. The theme of the 75th anniversary of the VA was to outreach to every
 living veteran to inform them of what services were available to them.
 Veterans are still waiting for that grand claim to come true. Let's not
 make them wait another 75 years before action is actually taken. For
 further information, contact the Humboldt County Veterans Service office
 at 445-7341, the VA at 1-800-827-1000 or the VA's Web page,
 www.vba.va.gov/VBA/benefits/factsheets/serviceconnected/Presumpeg_0307.doc.
  [Source: The Times Standard Carl Young "My Word" 4 Dec 08 ++]

===============================

VA CLINIC OPENINGS UPDATE 11:   Veterans will have easier access to
 health care under a Department of Veterans Affairs (VA) plan to open 31
 new outpatient clinics in 16 states.  Secretary of Veterans Affairs Dr.
 James B. Peake  announced VA will establish new clinics in Alabama,
 Arkansas, California, Florida, Georgia, Hawaii, Illinois, Iowa, Maryland,
 Michigan, Minnesota, Mississippi, Missouri, North Carolina, Pennsylvania
 and Vermont. With 153 hospitals and about 745 community-based clinics,
 VA operates the largest integrated health care system in the country.
  VA's medical care budget of more than $41 billion this year will
 provide health care to about 5.8 million people during nearly 600,000
 hospitalizations and more than 62 million outpatient visits.
 "Community-based medicine is better medicine," said Dr. Michael Kussman, VA's Under
 Secretary for Health. "It makes preventative care easier for patients,
 helps health care professionals have closer relationships with their
 patients and permits easier follow-ups for patients with chronic health
 problems."  The community-based outpatient clinics, or CBOCs, will become
 operational by late 2010, with some opening in 2009.  Local VA
 officials will keep communities and their veterans informed of milestones in
 the creation of the new CBOCs. VA's Proposed Sites for New Outpatient
 Clinics are:

Alabama - Monroe County (2010)
Arkansas - Faulkner County (2010), Pope County (2010)
California - Lake County (2010), Oakhurst (2010), Susanville (2010),
 Yuba County (2010)
Florida - Brandon (2010), Clermont (2010)
Georgia -- Blairsville (2010)
Hawaii - Leeward (Honolulu, 2010)
Illinois - Carbondale (2009), Harrisburg (2010), Sterling (2010)
Iowa -- Decorah (2010)
Maryland - Fort Meade (2010), Montgomery County (2010)
Michigan - Bad Axe (2010), Cadillac (2010), Cheboygan (2010), Grayling
 (2010)
Minnesota - Southern central border (2010), Southwest metro area (exact
 locations to be determined, 2010)
Mississippi - Pike County (2010)
Missouri - Excelsior Springs (2009), Sikeston (2009), Sedalia (2010)
North Carolina - Edenton-Elizabeth City (2010), Goldsboro (2010)
Pennsylvania - Cranberry Township (2009)
Vermont - Brattleboro (2010)
[Source: VA News Release 4 Dec 08 ++]

===============================

MEDICARE ADVANTAGE PLANS UPDATE 03:   The Centers for Medicare &
 Medicaid Services (CMS) has now issued three successive sets of regulations
 on the commissions that Medicare private health plans pay their agents.
 The result: Major insurance companies will be paying $500 or more for
 each new Medicare Advantage enrollee in 2009, followed by five years of
 renewal commissions worth at least $250 per year. That means about half
 the average annual overpayment a Medicare Advantage plan receives per
 enrollee—the amount taxpayers pay in excess of what it would cost to
 provide care under Original Medicare—will be paid out to agents for each
 enrollment they secure. In 2008, the excess payment per enrollee is
 estimated at $986. In the past two years, it has topped $1,000. Taxpayers
 are paying more in subsidies to insurance companies ($8.5 billion in
 2008) so that insurance companies can pay agents commissions to enroll
 more people with Medicare in private plans that cost taxpayers more
 money. CMS’ efforts to restrain agent commissions and regulate marketing
 practices are akin to trying to fix a broken pipe without first turning
 off the water. It doesn’t work and you make a big mess.

     Next year Congress needs to eliminate the excessive subsidies paid
 to Medicare Advantage plans. President-elect Barack Obama has already
 targeted these excess payments as waste that needs to be cut. Congress
 and the new administration also need to decide how much of the
 subsidies paid to insurance companies should go to marketing and how much
 should go to medical care. One way to address that question is to require
 companies to use a minimum percentage of the subsidies they receive for
 medical benefits. CMS can also set an overall cap on the amount that
 Medicare Advantage plans spend on marketing. Plans that have a poor record
 in improving health outcomes, for example, should not be devoting
 taxpayer dollars toward enticing more people into plans that provide lousy
 care. CMS needs to set minimum benefit standards for plans, including
 mandating that all plans provide a comprehensive out-of-pocket limit on
 medical expenses. Right now, agents can earn more commission selling
 plans that do not offer such protection, or that set a high limit and
 exclude key services, than for selling plans with a low, comprehensive
 out-of-pocket limit. That creates perverse incentives to sell low-quality
 plans, even for agents who want to do the right thing. [Source:
 Medicare Consumer Advocacy Update 4 Dec 08 ++]

===============================

GRACE AFTER FIRE:   Grace After Fire is a resource solely for women
 veterans to support their need to connect with each other and share yet
 remain anonymous.  These women can reach out to others who have
 experienced the same concerns of re-entry, alcoholism, drug addiction or
 prescription addiction due to chronic pain, Post Traumatic Stress Disorder
 (PTSD), incidents of service time rape, depression, unwarranted anger, or
 Traumatic Brain Injury (TBI) due to war time trauma. Grace After Fire
 was created by women for women veterans returning home from service.  It
 will be available in JAN 09. For more information, contact
 1-877-490-5797 are visit their web site at http://www.graceafterfire.org.  Grace
 After Fire is a sister-program to The Woman's Heart, whose mission is to
 provide innovative recovery support services and healthcare resources
 for all women in recovery from addiction, anywhere, anytime.  For more
 information about The Woman's Heart, refer their web site at
 http://www.thewomansheart.org/page.php?39.  [Source: EANGUS Minuteman
 Update 4 Dec 08 ++]

===============================

MEDICAID COPAY:    A new federal rule gives states sweeping authority
 to charge premiums and higher co-payments for doctors’ services,
 hospital care and prescription drugs provided to low-income people under
 Medicaid.  The rule, published 2 DEC in the Federal Register, is expected to
 save money for the federal government and the states. But public
 health experts and even some federal officials predicted that many
 low-income people would delay or forgo care because of the higher charges. Under
 the rule, states can, in many cases, deny care or coverage to Medicaid
 beneficiaries who do not pay their premiums or their share of the cost
 for a particular item or service. Governors have sought this kind of
 discretion for a long time, saying they wanted Medicaid to look more
 like private health insurance. Under the rule, the administration
 estimated, Medicaid recipients will pay more than $1.3 billion in co-payments
 over five years, and the federal government will save $1.4 billion,
 while states will save $1.1 billion. The savings would result not only from
 the collection of co-payments, but also from reduced use of services.
 The co-payments will help Medicaid recipients become “more educated and
 efficient health care consumers,” the administration said.

     The Congressional Budget Office has estimated that 13 million
 low-income people, about a fifth of Medicaid recipients, will face new or
 higher co-payments. Most of the savings result from “decreased use of
 services,” it said.
The rule allows states to establish a sliding scale for premiums and
 co-payments. The total of these charges, for all members of a family,
 cannot exceed 5% of the family’s income.  For Medicaid recipients with
 incomes at or below the poverty level ($17,600 for a family of three), can
 be charged co-payments up to $3.40 for a doctor’s visit or other
 service. The maximum amount will be updated each year to reflect medical
 inflation. Medicaid recipients with incomes from 100 to 150% of the
 poverty level ($17,600 to $26,400 for a family of three), can generally be
 required to pay up to 10% of what the state pays for a service; like a
 doctor’s visit. And for Medicaid recipients with incomes above that
 level, states can generally charge co-payments up to20 % of what they pay.
 For a $150 drug, the co-payment could be as much as $30. Under the rule,
 states can use co-payments to promote the use of preferred brand-name
 drugs and to discourage the use of hospital emergency rooms for routine
 care. [Source: The New York Times Robert Pear article 26 Nov 08 ++]

===============================

VA CLAIMS BACKLOG UPDATE 20:    The New York office of Veterans Affairs
 is among the slowest in the nation to process new disability claims,
 with local veterans languishing six months or longer in one of three
 cases. "It is much higher than we would like," said Michael Walcoff, the
 VA's deputy undersecretary of benefits. "It is something we have been
 concerned about." Only the Detroit regional office, where 33.3% of claims
 take at least six months, processed claims slower than New York as of
 Nov. 15, according to VA data. New York, with 32.4%of claims taking
 that long, was tied with Pittsburgh for the nation's second slowest
 processing center. The national average is 21%. Walcoff said the agency is
 addressing the backlog at its Manhattan office by hiring about 30
 veterans service representatives over the past 18 months - a 16% staff
 increase. The VA became so concerned that employees had misplaced key
 documents such as marriage certificates and medical records that they offered
 amnesty to encourage their return. Some 700 documents were recovered
 anonymously, Walcoff said. The massive agency has already been pummeled by
 accusations that employees have lost, misplaced or shredded documents
 across the country. Three weeks ago, the agency decided to allow
 veterans who submitted claims between 14 APR 07, and 14 OCT 08 of this year
 to reopen claims in cases where they believe the agency had lost their
 documents.

     Those dates correspond with a period in which VA inspectors found
 evidence that claims-related documents were being improperly shredded.
 Claims refiled by 17 NOV 09, would receive benefits that correspond to
 the original filing date. The irregularities in the New York office are
 only the latest in a string of embarrassing revelations about an
 agency that is expected to see a large increase in claims, as more than 1.6
 million personnel who have served in Iraq and Afghanistan continue
 leaving the military. The VA ousted its New York regional director in
 October after a summerlong investigation found employees were affixing phony
 dates to claims to make it appear they were being processed on time.
 Investigators also turned up large quantities of unprocessed mail. Last
 month, two national veterans groups sued to force the VA to handle
 claims within 90 days, saying vets with physical or psychological troubles
 often don't get services for a year or more. "Once the paperwork is
 filed, the individual just waits and waits," said Francisco Muñiz III, an
 officer with the Nassau County chapter of Vietnam Veterans of America,
 one plaintiff. "For someone who has lost a limb or is disabled, these
 individuals have no recourse." Walcoff said he could not be certain that
 documents have not been improperly shredded at the New York office,
 which is responsible for the claims of some 800,000 veterans living in
 eastern New York State. But he said an October inspection did not show
 evidence of shredding in New York, and that the dating scandal did not
 reduce the retroactive benefits to which veterans were entitled. [Source:
 Newsday.com Martin C. Evans article 4 Dec 08 ++]

===============================

VETERAN WEB LINKS UPDATE 02:    Following are web-sites that provide
 information on Veterans benefits and how to file/ask for them.
 Accordingly, there are many sites that explain how to obtain books,
 military/medical records, information and how to appeal a denied claim with the VA.
 Nearly 100% of this information is without charge and available for all
 veterans, the only catch is you have to ask for it. You need to know
 what questions to ask so the right doors open for you -- and then be
 ready to have an advocate who is willing to work with and for you, stay in
 the process, and press for your rights and your best interests:

Appeals http://www.warms.vba.va.gov/admin21/m21_1/mr/part1/ch05.doc
Board of Veteran's Appeals http://www.va.gov/vbs/bva/
CARES Commission www.va.gov/vbs/bva/
CARES Draft National Plan   
 http://www.va.gov/caresdecision/page.cfm?pg=105
Center for Minority Veterans
 http://www.va.gov/centerforminorityveterans/
Center for Women Veterans  http://www.va.gov/womenvet/
Center for Veterans Enterprise www.vetbiz.gov/default2.htm
Clarification on the changes in VA healthcare for Gulf War Veterans
 www.gulfwarvets.com/ubb/Forum1/HTML/000016.html
Classified Records - American Gulf War Veterans Assn
 www.gulfwarvets.com/ubb/Forum18/HTML/000011.html
Compensation Rate Tables, 12-1-03
 http://www.vba.va.gov/bln/21/Rates/comp01.htm
Department of Veterans Affairs Home Page www.va.gov/
Directory of Veterans Service Organizations    http://www.va.gov/vso/ 
Disability Examination Worksheets Index, Comp
 www.vba.va.gov/bln/21/Benefits/exams/index.htm
Electronic Code of Federal Regulations www.gpoaccess.gov/ecfr/
Environmental Agents http://www.va.gov/environagents/
Environmental Agents M10 
 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1002
Establishing Combat Veteran Eligibility
  http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=315
Evaluation Protocol for Gulf War & Iraqi Freedom Veterans with
 Potential Exposure to Depleted Uranium (DU)
  http://www.va.gov/gulfwar/docs/DUHandbook1303122304.DOC   
Evaluation Protocol For Non-Gulf War Veterans With Potential Exposure
 To Depleted Uranium (Du)
 http://www.va.gov/gulfwar/docs/DUHANDBOOKNONGW130340304.DOC   
Fee Basis, Priority For Outpatient Medical Services & Inpatient
 Hospital Care www.va.gov/vhapublications/ViewPublication.asp?pub_ID=206 
Federal Benefits for Veterans and Dependants 2005
 www.va.gov/opa/vadocs/fedben.pdf 
Forms and Records Request www.va.gov/vaforms/
Geriatrics and Extanded Care www.va.gov/geriatricsshg/ 
Guideline for Chronic Pain and Fatigue MUS-CPG
 www.oqp.med.va.gov/cpg/cpgn/mus/mus_base.htm
Guide to Gulf War Veterans' Health
 www.va.gov/gulfwar/docs/VHIgulfwar.pdf 
Gulf War Registry
 www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1003
Gulf War Registry Referral Centers
 www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1006
Gulf War Subject Index
 www.va.gov/GulfWar/page.cfm?pg=7&template=main&letter=A 
Gulf War Veterans' Illnesses Q&As
 www.va.gov/gulfwar/docs/GWIllnessesQandAsIB1041.pdf 
Homeless Veterans www.va.gov/homeless/ 
HSR&D Home www.hsrd.research.va.gov/
Ionizing Radiation www.va.gov/irad/ 
Iraqi Freedom/Enduring Freedom Veterans VBA www.vba.va.gov/EFIF/
M10 for spouses and children
 www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1007 
M10 Part III Change 1
 www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1008 
M21-1 Table of Contents www.warms.vba.va.gov/M21_1.html
Mental Health Program Guidelines
 www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1094 
Mental Illness Research, Education and Clinical Centers
 www.mirecc.med.va.gov/
MS (Multiple Sclerosis) Centers of Excellence www.va.gov/ms/about.asp
My Health e Vet www.myhealth.va.gov/
NASDVA.COM Ë National Association of State Directors www.nasdva.com/
National Center for Health Promotion and Disease Prevention
 www.nchpdp.med.va.gov/postdeploymentlinks.asp
OMI (Office of Medical Inspector www.omi.cio.med.va.gov/
Online VA Form 10-10EZ https://www.1010ez.med.va.gov/sec/vha/1010ez/
VA Annual Report To Congress, Persian Gulf Veterans' Illnesses Research
 1999
 www.va.gov/resdev/1999_Gulf_War_Veterans'_Illnesses_Appendices.doc 
VA Annual Report To Congress, Persian Gulf Veterans' Illnesses Research
 2002 www.va.gov/resdev/prt/gulf_war_2002/GulfWarRpt02.pdf 
Phase I PGR
 http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1004
Phase II PGR www.va.gov/vhapublications/ViewPublication.asp?pub_ID=1005
 
Policy Manual Index www.va.gov/publ/direc/eds/edsmps.htm
Project 112 (Including Project SHAD) www.va.gov/shad/ 
Prosthetics Eligibility
 www.va.gov/vhapublications/ViewPublication.asp?pub_ID=337 
Public Health and Environmental Hazards Home Page
 http://www.vethealth.cio.med.va.gov/
Public Health/SARS www.publichealth.va.gov/SARS/
Publications: Manuals www.va.gov/vhapublications/publications.cfm?Pub=4
 
Publications and Reports
 www.va.gov/resdev/prt/pubs_individual.cfm?webpage=gulf_war.htm 
Records Center and Vault Homepage www.aac.va.gov/vault/default.html
Records Center and Vault Site Map www.aac.va.gov/vault/sitemap.html
Request For And Consent To Release Of Information From Claimant's
 Records
 www.forms.va.gov/va/Internet/VARF/getformharness.asp?formName=3288-form.xft
Research Advisory Committee on Gulf War Veterans Illnesses April 11,
 2002 www.va.gov/rac-gwvi/docs/Minutes_April112002.doc 
Research Advisory Committee on Gulf War Veterans Illnesses
 www.va.gov/rac-gwvi/docs/ReportandRecommendations_2004.pdf 
The Service Officers Corner www.geocities.com/veteransadvocate
Title 38 4.16 Total disability ratings for compensation based on
 unemployability of the individual. PART 4: schedule FOR RATING DISABILITIES
 Subpart A: General Policy in Rating
 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1b7e1c80768900fe79b3126a180a3da6&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.11&idno=38
Title 38 Index Parts 0-17
 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=5601440f9a028e2b353f1be27d4535d2&c=ecfr&tpl=/ecfrbrowse/Title38/38cfrv1_02.tpl
Title 38 Part 18
 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=e7f228f056f66128a3cf40196efa0323&c=ecfr&tpl=/ecfrbrowse/Title38/38cfrv2_02.tpl
Title 38 Part 3: Adjudication  Subpart A Pension, Compensation, and DIC
 Compensation
 http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr;sid=0a5cc4e74c654c10874b651cc99ff1b4;rgn=div5;view=text;node=38%3A1.0.1.1.4;idno=38;cc=ecfr
Title 38 Pensions, Bonuses & Veterans' Relief (also 3.317 Compensation
 for certain disabilities due to undiagnosed illnesses found here)
 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;sid=89bb312d6d613680e34d4df4625d7f3b;region=DIV1;q1=gulf%20war;rgn=div8;view=text;idno=38;node=38%3A1.
U.S. Court of Appeals for Veterans Claims www.vetapp.gov/
VA Annual Report To Congress, Persian Gulf Veterans' Illnesses Research
 1999
 www.va.gov/resdev/1999_Gulf_War_Veterans'_Illnesses_Appendices.doc 
VA Annual Report To Congress, Persian Gulf Veterans' Illnesses Research
 2002 www.va.gov/resdev/prt/gulf_war_2002/GulfWarRpt02.pdf
VA Fact Sheet www.va.gov/opa/fact/gwfs.html 
VA Health Care Eligibility
 www.va.gov/healtheligibility/home/hecmain.asp
Veterans Legal and Benefits Information http://valaw.org/
VA Life Insurance Handbook: Chap 3
 www.insurance.va.gov/inForceGliSite/GLIhandbook/glibookletch3.htm#310
VA Loan Lending Limits and Jumbo Loans
 http://valoans.com/va_facts_limits.cfm
VA MS Research www.va.gov/ms/about.asp
VA National Hepatitis C Program www.hepatitis.va.gov/
VA Office of Research and Development www.va.gov/resdev/ 
VA WMD EMSHG www.va.gov/emshg/ 
VA WRIISC-DC www.va.gov/WRIISC-DC/
VAOIG Hotline Telephone Number and Address
 www.va.gov/oig/hotline/hotline3.htm
Vet Center Eligibility - Readjustment Counseling Service
 www.va.gov/rcs/Eligibility.htm
Veterans Benefits Administration Main Web Page www.vba.va.gov/
VHA Forms, Publications, Manuals www.va.gov/vhapublications/ 
VHA Programs - Clinical Programs & Initiatives
 www.va.gov/health_benefits/page.cfm?pg=13 
VHA Public Health Strategic Health Care Group Home Page
 www.publichealth.va.gov/
VHI Guide to Gulf War Veteran's Health
 www.va.gov/vhi_ind_study/gulfwar/istudy/index.asp 
Vocational Rehabilitation www.vba.va.gov/bln/vre/
VONAPP online http://vabenefits.vba.va.gov/vonapp/main.asp
WARMS - 38 CFR Book C www.warms.vba.va.gov/bookc.html
War-Related Illness and Injury Study Center - New Jersey
 www.wri.med.va.gov/
Welcome to the GI Bill Web Site www.gibill.va.gov/
What VA Social Workers Do www.va.gov/socialwork/page.cfm?pg=3 
WRIISC Patient Eligibility www.illegion.org/va1.html
[Source: Various Dec 08 ++]

===============================

MILITARY HISTORY ANNIVERSARIES:    Significant December Events in
 Military History are:

1775 - The first official American flag (not the Stars and Stripes) was
 raised for the first time over the Navy flagship Alfred.
1778 - British troops under COL Archibald Campbell occupied Savannah GA
 (American Revolution).
1812 - The US frigate Constitution defeats the British frigate Java
 (War of 1812).
1814 - Treaty of Ghent (Belgium) signed, ending the War of 1812 between
 the United States and England.
1846 - American troops occupied Ciudad Victoria in northeastern Mexico
 (Mexican War).
1860 - South Carolina secedes from the Union and South Carolina troops
 seize the Federal arsenal in Charleston (Civil War).
1898 - The Treaty of Paris was signed by American and Spanish
 representatives, ending the Spanish-American War.
1921 - The first helium-filled balloon, a U.S. Navy dirigible, flew
 from Hampton Roads, VA to Washington, D.C.
1941 - Japanese attack Pearl Harbor. The United States declared war on
 Germany, Japan and Italy (World War II).
1944 - Battle of the Bulge began (World War II).
1946 - The official end of World War II.
1972 - The Paris Peace talks temporarily fail and President Nixon
 orders a resumption of full-scale bombing of targets in North Vietnam
 (Vietnam War).
1989 - Operation Just Cause, the invasion of Panama, begins.
1991 - The USSR went out of existence after 74 years.
1992 - Operation Restore Hope – America’s intervention in Somalia
 began.
[Source:  VetJobs Veteran Eagle Dec 08 ++]

===============================

BURN PIT TOXIC EMISSIONS UPDATE 03:    A Georgia man has filed a
 class-action lawsuit against KBR and Halliburton, saying the contractors
 exposed everyone at Joint Base Balad in Iraq to unsafe water, food and
 hazardous fumes from the burn pit there. Joshua Eller, who worked as a
 civilian computer-aided drafting technician with the 332nd Air
 Expeditionary Wing, said military personnel, contractors and third-country
 nationals may have been sickened by contamination at the largest U.S.
 installation in Iraq, home to more than 30,000 service members, Defense
 Department civilians and contractor personnel. “Defendants promised the United
 States government that they would supply safe water for hygienic and
 recreational uses, safe food supplies and properly operate base
 incinerators to dispose of medical waste safely,” according to the lawsuit,
 filed 26 NOV in U.S. District Court for the Southern District of Texas.
 “Defendants utterly failed to perform their promised duties.” Eller filed
 his claim after he deployed in FEB 06 for 10 months. The lawsuit:

• States Eller developed skin lesions that subsequently spread, filled
 with fluid and burst. He said they went away, then reappeared, followed
 by blisters on his feet that made it painful for him to walk. He said
 they healed, but continue to return every three to four months. Then,
 Eller said he experienced vomiting, cramping and diarrhea, and continues
 to suffer severe abdominal pain. “Plaintiff witnessed the open air
 burn pit in operation at Balad Air Force Base.” 
• States on one occasion, Eller witnessed a wild dog running around
 base with a human arm in its mouth. The human arm had been dumped on the
 open air burn pit by KBR.” He said he still has nightmares and has been
 diagnosed with adjustment disorder.
• States that KBR was required to comply with military standards for
 clean water, and monitor it. Eller accused KBR of not performing water
 quality tests and of not properly treating or chlorinating water, and
 said an audit by the Defense Department backs up his claim. A report from
 Wil Granger, KBR’s water quality manager for Iraq, states that
 non-potable water used for showering was not disinfected. “This caused an
 unknown population to be exposed to potentially harmful water for an
 undetermined amount of time,” according to the report. The report also stated
 the problems occurred all across Iraq and were not confined to Balad.
• Claims there was no formalized training for KBR employees in proper
 water operations, and the company maintained insufficient documentation
 about water safety. The suit notes that former KBR employees Ben Carter
 and Ken May testified at a congressional hearing in JAN 06 that KBR
 used contaminated water from the Euphrates and Tigris rivers. Carter
 testified that he found the water polluted with sewage and that KBR did not
 chlorinate it. The lawsuit states the swimming pools at Balad were
 also filled with unsafe water.
•  Claims KBR served spoiled, expired and rotten food to the troops, as
 well as dishes that may have been contaminated with shrapnel
 “Defendants knowingly and intentionally supplied and served food that was well
 past its expiration date, in some cases over a year past its expiration
 date. Even when it was called to the attention of the KBR food service
 managers that the food was expired, KBR still served the food to U.S.
 forces.” The food included chicken, beef, fish, eggs and dairy products,
 which caused cases of salmonella poisoning.
• Claims KBR prevented their employees from speaking with government
 auditors and hid employees from auditors by moving them from bases when
 an audit was scheduled. Any employees that spoke with auditors were sent
 to more dangerous locations in Iraq as punishment.
• Accuses KBR of shipping ice in mortuary trucks that “still had traces
 of body fluids and putrefied remains in them when they were loaded
 with ice. This ice was served to U.S. forces.”
• Accuses KBR of failing to maintain a medical incinerator at Joint
 Base Balad, which has been confirmed by two surgeons in interviews with
 Military Times about the Balad burn pit. Instead, according to the
 lawsuit and the physicians, medical waste, such as needles, amputated body
 parts and bloody bandages were burned in the open-air pit. “Wild dogs in
 the area raided the burn pit and carried off human remains. The wild
 dogs could be seen roaming the base with body parts in their mouths, to
 the great distress of the U.S. forces.” According to military
 regulations, medical waste must be burned in an incinerator to prevent anyone
 from breathing hazardous fumes. “On at least one occasion, defendants were
 attempting to improperly dispose of medical waste at an open-air burn
 pit by backing a truck full of medical waste up to the pit and emptying
 the contents onto the fire,” the lawsuit states. “The truck caught
 fire. Defendants’ fraudulent actions were thereby discovered by the
 military.”
• Claims the contractors burned old lithium batteries in the pits,
 “causing noxious and unsafe blue smoke to drift over the base.”

Military Times has received more than 100 letters from troops saying
 they were sickened by fumes from the burn pits, which burned plastics,
 petroleum products, rubber, dining-facility waste and batteries. The
 lawsuit asks that the plaintiffs receive monetary compensation for physical
 injuries, emotional distress, fear of future disease, and need for
 continued medical treatment and involvement, and that KBR and Halliburton
 be stripped of all revenue and profits earned “from their pattern of
 constant misconduct and callous disregard to the welfare of Americans
 serving and working in Iraq.” Werner Ayers, LLP, of Houston, and Burk
 O’Neil LLC of Washington, D.C., are representing Eller. They are seeking to
 have the suit declared a class action. [Source: NavyTimes Kelly
 Kennedy article 3 Dec 08 ++]

===============================

HELOC FRAUD:     Have you checked your home equity line of credit
 lately? If not, you probably should. Even if you've never used a home equity
 line of credit (HELOC), it's a good idea to check your three credit
 reports (Equifax, Experian and TransUnion) to make sure identity thieves
 haven't opened one in your name. According to the FBI, canny con
 artists are increasingly draining the equity of unsuspecting homeowners by
 tapping into their home equity lines of credit. The more equity you have
 in your home, and the less vigilant you are about monitoring your
 finances, the greater the risk that thieves could drain the equity from your
 home -- or worse, sell it out from under you. In its annual mortgage
 fraud report, the FBI identified HELOC fraud as an "emerging scheme"
 that adds further insult to an already injured real estate and mortgage
 market. The report calls the current housing bust the "ideal climate" for
 HELOC fraud and other fast-buck mortgage schemes associated with
 builder bailouts, seller-assisted financing, short sales and foreclosure
 rescue. Identity thieves have traditionally targeted those with poor
 credit. In the past, by posing as homeowners, they could easily obtain
 subprime loans with little documentation. But now that the door to subprime
 lending has slammed shut, thieves have set their sights on those with
 good credit and substantial equity in their homes -- deep pools of cash
 that can be easily tapped via a HELOC.

    The FBI says HELOC thieves typically use stolen identification to
 apply online for a line of credit in your name. Then they instruct the
 bank to wire the funds to their accounts, providing their own contact
 information in place of yours. That way, the bank unwittingly contacts
 the thief to verify the electronic funds transfer. Although the FBI does
 not track the dollar amount lost each year to mortgage fraud, incidents
 reported by financial institutions jumped a whopping 31% (from 35,617
 to 46,717) in fiscal 2007, over the previous year. Jay Foley, executive
 director of the San Diego-based Identity Theft Resource Center, echoes
 the FBI's findings that some HELOC fraud, especially schemes aimed at
 selling the home without the homeowner's knowledge or consent,
 originates from within the mortgage industry itself. "It depends on the depth
 of the scam," he says. "In the recent mortgage bust by the FBI, these
 are all people who actually work in the industry; this is what I could
 classify as an inside job. An outsider would have to find a
 less-than-scrupulous Realtor, a less-than-scrupulous mortgage broker, and probably
 have to come up with somebody to do the inspections and all the other
 things."

     Now that anti-fraud software has shored up credit card accounts,
 HELOCs have become the next tempting target for theft. Thieves gain
 access to your home equity pool either through an existing HELOC or by
 opening one in your name at the bank of their choice. Ironically, you may
 have more trouble opening a HELOC than identity thieves, who can
 manipulate the loan documents to suit their purposes. Once accessed, a line of
 credit can be tapped as easily and directly as a debit card account.
 And don't expect the thief to stay under the limit on your account. "The
 HELOC thief won't stop at your line of credit; they'll go into
 overdraft big time, and each one of those overdrafts is going to bean you for
 a few dozen dollars and launch your interest rate sky-high," Foley
 says. Foley says seniors may be particularly at risk of HELOC fraud for
 four reasons:
1) They often own their home outright (translation: 100 percent
 equity).
2) They may not be as vigilant of their finances.
3) They may not be living in their home.
4) They may be more trusting and forthcoming with personal information
 when approached by a friendly official-sounding caller.

"If your place is worth $300,000, I'm sure I could tempt a bank into
 loaning me $100,000 against it without any problem," Foley says. In
 extreme cases, con artists could even sell your home out from under you.
 Here's how: One poses as the buyer, obtains a mortgage to purchase your
 home from a partner posing as you, the seller. Upon closing, they split
 the mortgage money and disappear. Victims of HELOC theft and
 mortgage-jacking typically are reimbursed by the lender when fraud is proven.
 However, the process can be lengthy, and often the identity theft doesn't
 stop there. While you can arrange for credit monitoring from the three
 credit bureaus and various vendors, it's often too little, too late,
 Foley says. "Between the time that line of credit is opened and you get
 the notice that it's open, it is entirely possible that that entire line
 of credit would be spent," he says. For additional assurance freeze
 your credit with each of the three credit reporting bureaus. This prevents
 them from releasing your credit report for anything (credit cards,
 auto loans, HELOCs, etc.) until you "thaw" your credit, thereby stopping
 mortgage fraud at its source. It's a somewhat lengthy process but can be
 well worth it if you have no plans to obtain credit in the near
 future. [Source: Consumer Affairs Jay MacDonald article 14 Nov 08 ++]

===============================

GA VET HOME CLOSURE:    On 1 AUG 08 Gov. Sonny Perdue sent a memo to
 the state Department of Veterans Services, which operated the Georgia War
 Veterans Home domiciliary. It ordered the agency to devise plans to
 cut expenditures by 6, 8 and 10%  for the rest of this fiscal year and
 the next. The department took a “real, real hard look” at its domiciliary
 care there, said Len Glass, the department’s assistant commissioner
 for administration. The program, he said, cost the state $2.7 million
 annually. By cutting it for the rest of this fiscal year (ending 30 JUN
 09) the department would deduct $1.7 million from its $25 million budget.
 It would represent more than a 10% reduction for the next fiscal year,
 he said. Officials also looked at other numbers. The 81 residents,
 Glass said, represented far less than 1% of the state’s total veteran
 population, estimated at 760,000. In late August, Glass came to the
 domiciliary and delivered the news: The men, who’d fought in World War II,
 Korea and Vietnam, had to find a new home by 30 NOV 08. The domiciliary
 located a couple of miles south of downtown occupied two floors of the
 X-shaped Pete Wheeler Building. Its foyer was a reminder that residents
 earned the right to be there. Glass display cases contained Nazi
 uniforms, medals and other paraphernalia that returning servicemen brought
 back to Georgia after World War II. Its walls featured patriotic signs,
 paintings and news clippings from decades ago. Residents had to be war
 veterans who had a medical problem but did not require nursing care. The
 domiciliary closing is proof that few programs are safe from state
 budget cuts in this cramped economy. [Source: The Atlanta
 Journal-Constitution Mark Davis article 30 Nov 08 ++]

===============================

BURN PIT TOXIC EMISSIONS UPDATE 02:    Sen. Daniel Akaka (D-HI),
 chairman of the Senate Veterans’ Affairs Committee, has asked that the
 co-chairs of the Defense Department and Veterans Affairs Oversight Committee
 begin a review of environmental toxins — including those coming from
 burn pits — at bases in Iraq and Afghanistan. “Reports of possible
 exposure to smoke from burn pits in Iraq and Afghanistan have come to the
 committee’s attention,” Akaka wrote in a letter dated 1 DEC. “Concerns
 about such exposure would appear to be an ideal opportunity for focused
 efforts to track the location of service members in relation to the
 possible exposure sites.” The letter was addressed to Gordon England, deputy
 defense secretary, and Gordon Mansfield, deputy VA secretary. “I would
 appreciate learning how DoD identifies and monitors locations where
 possible exposure to smoke from fire pits in Iraq and Afghanistan may
 have occurred, what steps DoD is taking to identify those service members
 who may have been exposed to such hazards, how information on exposures
 is transmitted to VA, and what policies and procedures VA has in place
 to ensure that relevant information is used to the adjudication of
 potential disability claims,” Akaka wrote. In NOV, Sen. Russ Feingold
 (D-WI) asked Gen. David Petraeus for an investigation into whether troops
 are being exposed to harmful fumes from burn pits. [Source:
 AirForceTimes Kelly Kennedy article 1 Dec 08 ++]

===============================

GULF WAR SYNDROME UPDATE 07:    The DVA has sent the OCT 08 report from
 the VA Research Advisory Committee on Gulf War Veterans' Illnesses to
 the National Academy of Sciences' Institute of Medicine (IOM) for
 review and recommendations. The October report from the advisory committee
 identified potential causes for -- and asserted that research supports
 the existence of -- a multi-symptom condition resulting from service in
 the 1990 - 1991 Gulf War, which the committee identified as Gulf War
 Illness (GWI). Because VA has traditionally and by law relied upon IOM
 for independent and credible reviews of the science behind these
 particular veterans' health issues, Secretary of Veterans Affairs Dr. James B.
 Peake has asked IOM to review the advisory committee's report before VA
 officially responds to the report's conclusions. "I appreciate the
 committee's work on this report, and I am eager to see the results of
 further independent study into their findings," Peake said. "Of course, VA
 will continue to provide the care and benefits our Gulf War veterans
 have earned through their service, as we have for more than a decade." VA
 has long recognized conditions, granted benefits and provided health
 care to Gulf War veterans suffering from a broad range of symptoms, even
 though these conditions have not been scientifically recognized as a
 specific disease or injury or GWI. Ground combat in the 1991 Persian
 Gulf War lasted just 100 hours, but it’s meant 17 years of pain and
 anguish for hundreds of thousands of veterans.

     Those who came home and complained of symptoms such as memory loss
 and joint pain are even sicker. As their lives unraveled and their
 health further deteriorated, many were told their problems were just in
 their head. The report noted a sad reality: Of the $340 million in
 government funds spent to research the topic, little has focused on finding
 treatments. And, researchers said, the estimated 175000-210000 Gulf
 veterans who are sick aren’t getting any better. Many of those veterans are
 left wondering what’s next for them. The panel, created by Congress,
 said at least $60 million should be spent annually for research, but
 some veterans question whether the money will be made available during a
 time when the economy is struggling. The sad irony, said John
 Schwertfager, a veterans advocate in Ohio, is that many of the veterans who came
 home physically sick and were told wrongly that they suffered from a
 mental condition. Now, after years of chronic pain and personal, marital
 or professional struggles, they’re grappling with real mental health
 problems.  Paul Sullivan, a Gulf War veteran who helped lead the fight on
 Capitol Hill to get help for the veterans, said it wasn’t very long
 after the war ended that more veterans started complaining of symptoms
 such as fatigue, rashes, respiratory problems, diarrhea, headaches,
 muscle and joint pain, and nausea. When veterans wrote members of Congress,
 the lawmakers typically responded by contacting Pentagon officials who
 in turn wrote back saying there were no reports of chemical exposure,
 Sullivan said. “They didn’t tell Congress that they weren’t looking,”
 Sullivan said.

     Cost was a factor. A 100% disabled veteran today is entitled to
 about $30,000 annually, which could easily mean more than $1 million in
 payments to veterans who live decades longer. Compounding the problem
 was the complexity of the symptoms and uncertainty over the causes. Were
 they caused by combat stress? Was it vaccinations? Was it pills given
 to protect soldiers from nerve agents? Was it exposure to oil well fires
 or chemical weapons? Or a combination of factors? Meanwhile, veterans
 like Jim Bunker, 49, an Army captain in the war who is today president
 of the National Gulf War Veterans Research Center in Kansas City, Kan.,
 recalled getting the wrong type of treatment at the VA. “They were
 like it’s all psychological, it’s all in your head, here are some
 antidepressants,” said Bunker, who has severe headaches and has trouble
 walking, among other problems. Since those early years, independent scientists
 have determined that the symptoms of the veterans do not constitute a
 single syndrome. They have pointed to pesticide, used to control
 insects, and pyridostigmine bromide pills, given to protect troops from nerve
 agents, as probable culprits for some of the symptoms. In 2001, after
 a government study determined that those who served in the Gulf War
 were nearly twice as likely to develop Lou Gehrig’s disease as other
 military personnel, the VA said it would immediately offer disability and
 survivor benefits to veterans with the disease who fought in the war. The
 veterans scored a legislative victory in 1998 with the passage of
 legislation that created the advisory panel that made the recent
 recommendations. In 2004, acting on its recommendations, then-VA Secretary
 Anthony Principi said that the agency would no longer pay for studies that
 seek to show stress is the primary cause. It’s not immediately clear
 whether Peake will act on the most recent recommendations. Most likely, it
 will be up to the incoming administration of President-elect Barack
 Obama and the new Congress to decide what to do next. [Source: VA News
 Release & AP Kimberly Hefling articles 1 Dec 08 ++]

===============================

VET JOBS UPDATE 07:    Helmets to Hardhats is a national program that
 connects National Guard, Reserve and transitioning active-duty military
 members with quality career training and employment opportunities
 within the construction industry. The program is administered by the Center
 for Military Recruitment, Assessment, and Veterans Employment and
 headquartered in Washington, D.C.  It was established as a nonprofit Section
 501(c)(6) organization with a funding structure set out under Section
 302(c)(9) of the Taft-Hartley Act for purposes provided for under
 Section 6(b) of the Labor-Management Cooperation Act. Direction for
 management of the center comes from a board of trustees comprised of equal
 numbers of employer and labor trustees. The program places quality men and
 women from the Armed Forces into promising building and construction
 careers. Eligibility varies based on the standards set by each individual
 career provider. In most cases, you must be at least 18 years of age,
 have an honorable discharge, have a high school diploma or equivalent,
 pass a drug test, conduct an interview and be physically fit to perform
 work. There are no upper age restrictions for applicants. Many
 employers list other types of careers for their construction company such as
 administrative, engineering and management positions. Interested
 personnel are encouraged to register at http://recruiter.helmetstohardhats.org
 . After completing the registration, you will be contacted by a Helmet
 to Hardhat representative concerning your request.

     Most candidates will enter an apprenticeship program where they
 learn a trade through on-the-job training supplemented by classroom
 instruction at state-of-the-art training facilities. Typically, there is no
 charge for the training and you will be paid for the time you are
 working. The pay you receive from an employer can be supplemented by
 education benefits under the G.I. Bill, adding hundreds more dollars each
 month to your take home pay. An apprentice's pay increases periodically
 over the course of the job, and as the apprentice becomes more skilled.
 Many apprenticeship programs have arrangements allowing individuals to
 obtain college credit for classroom work. Upon graduation, you will
 become a journeyman -- a craftsperson recognized for his or her knowledge
 and ability in the selected trade. In some cases your military experience
 can give you credit towards journeyman status and allow you to enter
 an apprenticeship program at an advanced level or be classified as a
 journeyman immediately. Benefits of joining a certified apprenticeship
 program are:
• High pay, great medical insurance and some of the best pension plans
 in the nation.
• High quality training at well-resourced training centers that are
 recognized by Regional Education Certifying Councils and Boards.
• Use your Montgomery GI Bill or other veteran educational benefits.
• Earn while you learn. Receive on the job training and get top notch
 classroom instruction.
[Source: www.helmetstohardhats.org Dec 08 ++]

===============================

DOD PDBR UPDATE 04:    Following are answers to frequently asked
 questions regarding the Physical Disability Board of Review (PDBR) policy and
 review procedures:
• A PDBR review is made by the military services, upon request, to
 review certain separations for medical conditions where the rating was 20%
 or less and the member did not otherwise retire. The review will
 evaluate whether, under the applicable guidance in effect at the time, the
 rating awarded was fair and accurate.
• The rating of members as described above who were separated from
 service between 11 SEP 01 and 31 DEC 09 can request this review.
• The former service member, surviving spouse, next of kin or legal
 representative may request this review.
• At the present time, no time limit or cutoff date established for
 this review.
• Applications should be submitted to the Central Intake and Tracking
 Unit (CITU) located at Randolph AFB, TX on a form, DD Form 294,
 Application for Review of Physical Disability Separation from the Armed Forces
 of the United States (currently pending approval), or computer-
 generated equivalent.
• The applications may be mailed to :SAF/MRBR, 550-C Street West, Suite
 41 Randolph AFB, TX 78150-4743. Due to the need for an original
 signature, applications may not, as of this date, be submitted
 electronically.
• Assuming the request to use this form before final OMB approval is
 granted, applications forms should be available for down load on or about
 1 DEC. Applications will be accepted immediately thereafter.
• DoD has designated the Air Force as lead component for implementing
 the PDBR process. As such, the AF has overall responsibility for case
 tracking and reporting, although the actual case evaluation and
 adjudication is done in a joint adjudication unit with all Services (and
 components) represented. The Under Secretary of Defense for Personnel and
 Readiness retains overall responsibility for program implementation.
• An applicant may submit with the application statements, briefs,
 medical records, or affidavits in support of their application. Unless
 requested by the intake unit, the applicant does not need to send medical
 records that are already included among his or her service medical
 documents or the medical separation paperwork (informal board, formal board
 and appeal files and results).
• Under special circumstances, the PDBR can initiate a review but if
 this occurs, the PDBR will contact the former member, explain why the
 board believes a review is appropriate and ask for his/her consent. If
 consent is not given, there will be no review. If you do not consent to a
 board initiated review and then later change your mind you may
 subsequently request a board review.
• You cannot appear in person. The PDBR is a document review only with
 no provision for a personal appearance.
• Since this is an entirely new process, it is not possible to come up
 with an estimate at this time of how long a review will take.
• Access to DVA medical records is necessary for this review. Part of
 the review process is to consider the rating the DVA awarded the
 applicant for the unfitting condition(s) with particular attention to those
 awarded within 12 months of separation. If the applicant does not consent
 to a release of DVA records, the service disability rating will be
 reviewed for fairness and accuracy but the comparison to the DVA rating
 will not be accomplished.
• Only individuals with a need to know will have access to information
 from the applicant’s service and medical records. The case evaluation
 and consideration (so-called adjudication) will take place in a joint
 (all services and components represented) central adjudication unit in
 Crystal City, VA created especially to perform this mission.
• The PDBR cannot lower a service disability rating. By law, the PDBR
 makes a recommendation to the applicant’s Service Secretary who makes
 the final decision. This responsibility may be delegated to, but to no
 lower than, the Directors of the Review Boards Agencies (Army and Air
 Force) and for the Navy, the Assistant Secretary of the Navy (Manpower and
 Reserve Affairs) or the Associate Counsel. These individuals are
 career members of the senior executive service (civilian general officer
 equivalents).
• The Central Intake and Tracking Unit (CITU) will notify the applicant
 of the final decision and the consequences if the rating is changed
 including the effect upon benefits. If the rating is changed, that unit
 will also notify the applicant’s Service BCMR/BCNR who will be
 responsible for correcting the military records. The VA will also be notified
 where appropriate.
• The final letter to the applicant will provide a rationale for the
 decision.
• The military records will be corrected effective the date of the
 Secretary’s decision (not retroactive). It should be noted, Board for
 Correction of Military (or Naval) Records (BCMR/BCNR) corrections are
 effective as of the date of the original action (here medical separation).
 This means that benefits arising from a PDBR will be prospective only
 whereas a BCMR/BCNR correction would give benefits retroactively.
• By law, the decision of the Secretary (or designee) is final. There
 are no provisions for appeal or reconsideration by the PDBR. On the
 other hand, previously denied BCMR/BCNR appeals may be reconsidered when
 relevant newly discovered evidence (not previously available) is
 presented.
• The governing instruction for the PDBR process is DODI 6040.44
 available at http://www.dtic.mil/whs/directives/corres/pdf/604044p.pdf.
• Question about processing procedures should be submitted in writing
 to the intake unit at theSAF/MRBR, 550-C Street West, Suite 41 Randolph
 AFB, TX 78150-4743.
[Source:  DoD Military Health System News 3 Nov 08 ++]

===============================

VA 2009 COMPENSATION RATES (DISABILITY):   This benefit program
 evaluates disability resulting from all types of diseases and injuries
 encountered as a result of military service. The degree of disability as
 determined by VA represents (as far as can practicably be determined) the
 average loss in wages resulting from such diseases and injuries and their
 complications in civil occupations.  Generally, the degrees of
 disability specified are also designed to compensate for considerable loss of
 working time from exacerbations or illnesses. By law, payment of VA
 compensation and military disability severance pay for the same medical
 condition or disability is prohibited. VA compensation will be withheld
 on a monthly basis until the total amount of military severance pay has
 been recovered. As required by the Veterans' Compensation
 Cost-of-Living Adjustment Act of 2008 the DVA has given notice of adjustments in
 certain benefit rates. These adjustments effective 1 DEC 08 for 2009
 affect the compensation program as indicated below:

Veteran no dependents 10% $123 20% $243
******************************

30% thru 100% Without Children
Veteran Alone $376 $541 $770 $974 $1,228 $1,427 $1,604 $2,673
Veteran with Spouse Only $421 $601 $845 $1064 $1,333 $1,547 $1,739
 $2,823
Veteran with Spouse & One Parent $457 $649 $905 $1136 $1,417 $1,643
 $1,847 $2,943
Veteran with Spouse and Two Parents $493 $697 $965 $1208 $1,501 $1,739
 $1,955 $3,063
Veteran with One Parent $412 $589 $830 $1046 $1,312 $1,523 $1,712
 $2,793
Veteran with Two Parents $448 $637 $890 $1118 $1,312 $1,396 $1,619
 $1,820 $2,913
Additional for A/A spouse (see footnote b) $40 $54 $68 $81 $95 $108
 $122 $136
******************************

30% thru 100% With Children
Veteran with Spouse & Child $453 $644 $899 $1129 $1,409 $1,634 $1,837
 $2,932
Veteran with Child Only $406 $581 $820 $1034 $1,298 $1,507 $1,694
 $2,774
Veteran with Spouse, One Parent and Child $489 $692 $959 $1201 $1,493
 $1,730 $1,945 $3,052
Veteran with Spouse, Two Parents and Child $525 $740 $1019 $1,273
 $1,577 $1,826 $2,053 $3,172
Veteran with One Parent and Child $442 $629 $880 $1106 $1,382 $1,603
 $1,802 $2,894
Veteran with Two Parents and Child $478 $677 $940 $1178  $1,466 $1,699
 $1,910 $3,014
Add for Each Additional Child Under Age 18  $22 $30 $37 $45 $52 $60 $67
 $75
Each Additional Schoolchild Over Age 18 (see footnote a) $72 $96 $120
 $144 $168 $192 $216 $240
Additional for A/A spouse (see footnote b) $40 $54 $68 $81 $95 $108
 $122 $136

FOOTNOTES: 
a.  Rates for each school child are shown separately. They are not
 included with any other compensation rates. All other entries on this chart
 reflecting a rate for children show the rate payable for children
 under 18 or helpless. To find the amount payable to a 70% disabled veteran
 with a spouse and four children, one of whom is over 18 and attending
 school, take the 70% rate for a veteran with a spouse and 3 children, $
 1,513, and add the rate for one school child, $168. The total amount
 payable is $1,681.
b.  Where the veteran has a spouse who is determined to require A/A,
 add the figure shown as "additional for A/A spouse" to the amount shown
 for the proper dependency code. For example, veteran has A/A spouse and
 2 minor children and is 70% disabled. Add $95, additional for A/A
 spouse, to the rate for a 70% veteran with dependency code 12, $1,461. The
 total amount payable is $ 1,556.
[Source:  http://www.vba.va.gov/bln/21/rates/comp01.htm#BM01 Dec 08 ++]

===============================

VA DIC RATES 2009:    As required by the Veterans' Compensation
 Cost-of-Living Adjustment Act of 2009 the DVA has given notice of adjustments
 in certain benefit rates. These adjustments effective 1 DEC 08 affect
 the dependency and indemnity compensation (DIC) programs as indicated
 below:

Veteran's Death was on or After January 1, 1993:  $1154 per month.
 Additional Allowances are:
a. Add $246 if at the time of the veteran's death, the veteran was in
 receipt of or entitled to receive compensation for a service-connected
 disability rated totally disabling (including a rating based on
 individual unemployability) for a continuous period of at least 8 years
 immediately preceding death AND the surviving spouse was married to the
 veteran for those same 8 years. (38 U.S.C. 1311(a)(2))
b. Add the $286 for each dependent child under age 18: * (38 U.S.C.
 1311(c))
c. If the surviving spouse is entitled to A&A, add $286. (38 U.S.C.
 1311(c))
d. If the surviving spouse is entitled to Housebound, add $135 (38
 U.S.C. 1311(d))
*DIC apportionment rates approved by the Under Secretary for Benefits
 under 38 CFR 3.461(b) will be the additional allowance received for each
 child.

*********************************************
Veteran's Death was before January 1, 1993:

Enlisted Pay Grade Rates:
• E-1 thru E-6 $1,154 (Add $46 if veteran rated totally disabled 8
 continuous years prior to death and surviving spouse was married to veteran
 those same 8 years).
• E-7 $1,194 E-8 $1,260 E-9  $1,314 (Base rate is $1,400 if vet rated
 totally disabled 8 continuous years prior to death and surviving spouse
 was married to vet those same 8 years.
• E-9 Veteran who served as Sgt Major of the Army or Marine Corps,
 Senior Enlisted Advisor of the Navy, Chief Master Sgt of the Air Force, or
 Master Chief Petty Officer of the Coast Guard $1,419

Officer Pay Grade Rates:
• W-1; $1,219  W-2; $1,267  W-3, $1,305; W-4 $1,380; (Base rate for W-1
 thru 4 is $1,400 if vet rated totally disabled 8 continuous years
 prior to death and surviving spouse was married to vet those same 8 years.)
• O-1 $1,219; O-2 $1,260; O-3 $1,347 (Base rate for O1 thru 3 is $1,400
 if vet rated totally disabled 8 continuous years prior to death and
 surviving spouse was married to vet those same 8 years.)
• O-4 $1,427; O-5 $1,571; O-6 $1,771; O-7 $1,912; O-8 $2,100; O-9
 $2,246; O-10 $2,463; O-10c $2,643 veteran who served as Chairman of the
 Joint Chiefs of Staff, Chief of Staff of the Army or Air Force, Chief of
 Naval Operations, or Commandant of the Marine Corps.
  
Footnotes:
a. Surviving spouse of Aviation Cadet or other service not covered by
 this table is paid the DIC rate for enlisted E-3 under 34. 
b. If surviving spouse entitled to A/A, add $286; if entitled to HB,
 add $135.
c. Add $286 for each child under 18.

Children's Rates: If the surviving spouse is also entitled to DIC the
 additional separate award for each child over 18 who is in school is
 $243 and/or is helpless is $488.  If there is no surviving spouse the rate
 for each child numbering 1 thru 9 is: [1] $488.00; [2] $350.50; [3]
 $305.00;  [4] $272.25;  [5] $252.60;  [6] $239.50; [7] $230.14;  [8]
 $223.12;  [9] $217.66.   Add $174for each additional child exceeding [9].
  Add $286 for each helpless child over 18.
[Source:  http://www.vba.va.gov/bln/21/rates/comp03.htmDec 08 ++]

===============================

CANCER VITAMIN STUDY:    Vitamin C or E pills do not help prevent
 cancer in men, concludes the same big study that last week found these
 supplements ineffective for warding off heart disease. The public has been
 whipsawed by good and bad news about vitamins, much of it from test-tube
 or animal studies and hyped manufacturer claims. Even when researchers
 compare people's diets and find that a vitamin seems to help, the
 benefit may not translate when that nutrient is obtained a different way,
 such as a pill. "Antioxidants, which include vitamin C and vitamin E,
 have been shown as a group to have potential benefit," but have not been
 tested individually for a long enough time to know, said Howard Sesso
 of Harvard-affiliated Brigham and Women's Hospital in Boston. The
 Physicians Health Study, which he helped lead, was designed to do that. It
 involved 14,641 male doctors, 50 or older, including 1,274 who had cancer
 when or before the study started in 1997. They were included so
 scientists could see whether the vitamins could prevent a second cancer.
 Participants were put into four groups and given vitamin E, vitamin C,
 both, or dummy pills. The dose of E was 400 international units every other
 day; C was 500 milligrams daily. After an average of eight years,
 there were 1,929 cases of cancer, including 1,013 cases of prostate cancer,
 which many had hoped vitamin E would prevent. However, rates of
 prostate cancer and of total cancer were similar among all four groups.

     The study was funded by the National Institutes of Health and
 several vitamin makers. Results were being reported 16 NOV at an American
 Association for Cancer Research conference in Washington.
 "Well-conducted clinical trials such as this are rapidly closing the door on the hope
 that common vitamin supplements may protect against cancer," said
 Marji McCullough, nutrition chief at the American Cancer Society. "It's
 still possible that some benefit exists for subgroups that couldn't be
 measured, but the overall results are certainly discouraging. "The
 American Cancer Society recommends getting these and other nutrients by eating
 a mostly plant-based diet with a variety of vegetables, fruits and
 whole grains. A bonus is that this type of diet helps to prevent obesity,
 which increases the risk of several cancers." About 12% of Americans
 take supplements of C and E. The new study does not mean these vitamins
 have no value, just that they didn't prevent cancer in this group of
 doctors, who may be healthier than the general population, said Dr. Peter
 Shields, deputy director of Georgetown University's Lombardi
 Comprehensive Cancer Center. The best bet, he said, is to do things that are
 known to prevent the disease _ eat right, maintain a healthy weight, and
 exercise. [Source: Washington Post AP Marilynn Marchione article 16 Nov
 08 ++]

===============================

WARMTH & HEALTH:   As the cold weather rolls in, you may hear your
 windows rattle or feel a cold breeze through your back door, even when it
 is closed. These are sure signs of drafts stealing your heat and making
 it harder for you to stay warm. If your home is drafty or not
 well-insulated it could cost you hundreds of dollars a year as you attempt to
 stay warm. It may also affect your health. While sitting in a draft does
 not make you sick, you should take notice if you feel chilled. “Your
 normal body temperature can drop after prolonged exposure to cold
 drafts,” says Andrea Tannenbaum, president of Dynamic-Living.com. “The elderly
 and those who have compromised immune systems need to protect
 themselves because a decrease in the body’s natural temperature can lower
 resistance to germs. Stopping drafts will not only keep your energy costs
 lower but will also help you stay warm and healthy. Exposure to drafts
 can lower your resistance to all viruses and make you feel stiff,
 uncomfortable and run-down.” Here are a few tips that will help you handle
 drafts and stay warm at the same time.

1. Stay warm by plugging up drafty windows and doors with inexpensive
 insulation and draft stoppers:
• If you have older windows, they might not keep the heat in very well.
 Plastic sheeting can be affixed over the whole window to provide a
 layer of insulation without blocking the light. The plastic helps you stay
 warm by stopping drafts as well as the cold that just seeps through
 the window pane itself.
• If you can see daylight through the edges of your doors that means
 they leak. You can’t cover doors with plastic sheeting, but a storm door
 will probably pay for itself within a few heating seasons. There are
 also inexpensive insulation kits for doors that have foam, magnets or
 fleece to seal the edges, and weather stripping to put along the bottom.
• Draft stoppers for the base of doors and windows can be found in
 colorful and playful designs. You can also make your own. Sew a fabric tube
 and fill it loosely with dried beans or popcorn kernels. Want to
 recycle? Cut the sleeve off an old shirt or fill pantyhose you aren’t using
 anymore.
• If you have double hung windows, check each one to ensure it is fully
 closed on both the top and bottom. They sometimes slide down a little
 bit during the warmer months and will cause a draft if not closed
 properly.
2. How to deal with drafts you can’t stop:
• Try rearranging your furniture to stay warm. If you feel a breeze on
 you while you sit in your favorite chair, consider rearranging the room
 to avoid drafts in the locations where you sit regularly.
• Ceramic space heaters are very cost effective for heating a small
 area and cost much less to run than trying to heat your entire home. For
 safety from accidents, make sure that your heater has a timer on it or
 remember to unplug it when you leave the room.
• Most of us use our ceiling fans only in summer, but try using the
 ceiling fan when the weather is cold too. Most styles have a reverse
 switch on them that will push down the warmer air that collects at the
 ceiling to help you stay warm.
3. Bundle up to stay warm:
• Wearing several thin layers of clothes will help you stay warm in
 cold weather. The warmth from your body will get trapped in the air
 pockets between the layers. Long underwear is particularly good for helping
 you stay warm and dry.
• Keep a throw blanket handy to cover your feet or shoulders, or use a
 fleece shawl across your lap or around your shoulders to help you stay
 warm. Fleece blankets and throws are particularly useful, because they
 are incredibly warm but lightweight and less bulky than most other
 fabrics.
• Wearing fleece slippers around the house can help keep your feet
 warm. Look for non-skid bottoms because they prevent slipping and possible
 falls.
• Heat from external sources can be helpful. If you use a heating pad
 for warmth, limit the length of time it’s close to the skin to avoid a
 burn and always turn it off if you are sleepy. Some heating pads come
 with safety shut-off switches, which will turn off automatically after a
 set period of time. There are also wraps or pads that you can heat in
 the microwave. They provide temporary warmth and you don’t need to
 remember to turn them off.
[Source: AARP Senior Living Sharon O'Brien article 18 Nov 08 ++]

===============================

MILITARY MUSEUMS & MEMORIALS:    To look for a military
 museum/memorials in the area where you live in or an area where you may be traveling
 to refer to the following:
• At
 http://www.military.com/Resources/ResourceSubmittedFileView?file=museums_museum_guide.htm
 can be found a guide to assist you in locating a military-themed
 museum, monument or memorial. Where available, a web link, an address, and
 phone and fax numbers have been provided.  The site allows you to select
 a search by theme (i.e WWII, Civil War, etc.) in state order or by
 state in alphabetical order.
• At http://usmilitary.about.com/od/museums/Military_Museums.htm  can
 be found a list of online museums.
• At
 http://www.penfed.org/usawoa/woheritage/foundation_heritage_museum.htm
 can be found a list of Foundations, Heritage, History & Military Museum
 Links
[Source: Various Dec 08 ++]

===============================

HAVE YOU HEARD:   'WELL,' snarled the tough old Navy Chief to the
 bewildered Seaman, 'I suppose after you get discharged from the Navy, you'll
 just be waiting for me to die so you can come and pee on my grave.'
 'Not me, Chief!' the Seaman replied.  'Once I get out of the Navy, I'm
 never going to stand in line again!

===============================

VETERAN LEGISLATION STATUS 14 DEC 08:   All bills introduced in the
 110th Congress that were not passed into law in 2008 are now void. They
 can be reintroduced into the 111th Congress if their sponsors decide to
 do so as new bills with new bill numbers.  Congress will convene the
 111th Congress on JAN 09.

===============================

Lt. James “EMO” Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA
 Baguio City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (951) 238-1246 in U.S. or Cell: 0915-361-3503 in the Philippines.
Email: raoemo@sbcglobal.net Web:
 http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member

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