RAO Bulletin
15 July 2008
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THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES
== VA Voter Registration Ban ------------------------- (Criticism)
== VA Drug Testing on Vets [02] --------------------- (Hearings Held)
== GI Bill [25] ------------------------------------- (20% Increase)
== VA Claim Backlog [16] ---------------------- (Status)
== VA Claim Backlog [17] ------------------------ (Law Slows Claims)
== Family Film Festival -------------------------- (No Cost Movies)
== Medicare Reimbursement Rates 2008 [11] ---- (Sent to President)
== VA Third-Party Insurers ------------------------- (Billing Problems)
== Adventure Excursions for OEF/OIF Vets --------- (Fully Funded)
== Vet Job [02] ----------------------------- (Trucking Business)
== Mobilized Reserve 9 JUL 08 --------------------- (2,267 Decrease)
== VA Vet Centers [05] ----------------------------- (39 More by 2009)
== Ohio Vet Tuition ------------------------------ (New Policy)
== Medicare Fraud [08] ------------------------------ ($92 million)
== Medicare Part B Premiums [03] --------- (Medically Retired Vets)
== Tricare Back Surgery ------------------------------- (Policy Change)
== Vet Cemetery Arkansas [01] ------------------------ (Cross County)
== Rhode Island State DVA ------------------- (Proposal Fails Again)
== Tricare Overseas Programs [01] -------------- (PI Satellite Office)
== Enlistment Waivers [01] ------------------ (Process Standardized)
== VA Brachytherapy Treatments --------- (Some Improperly Done)
== DoD PDBR ----------------------------------------------- (New Board)
== DoD PDBR [01] ---------------------------- (Anticipated Problems)
== VA Fraud [11] -------------------------- (Hines IL CMOP Director)
== Veterans’ Benefit Expiration [01] ------------------------- (Update)
== Atrial Fibrillation ------------------------- (What it Is)
== Forgotten Military Orphans -------------- (Adverse Impact of Law)
== Legal Residency ----------------------------- (Guidelines)
== SSA International Agreements --------- (Totalization Agreement)
== Veteran Legislation Status 13 JUL 08] -------- (Where we Stand)
VA VOTER REGISTRATION BAN: The U.S. Department of Veterans
Affairs
is facing mounting criticism over its national ban on voter registration
drives on its property with Florida Secretary of State and chief
election's officer Kurt Browning being the latest to join the chorus of
criticism. Two states -- Connecticut and Washington -- have joined
California in asking the VA to do away with its policy. And Browning,
while
saying he is legally powerless to force the VA's hand, nonetheless thinks
their stand is wrong. Browning, Florida's, said in an interview that he
is yet to receive a complaint from either a veteran or a group
complaining that the VA is preventing the registration of voters in
Florida.
The agency has previously said it allows its official volunteers to
assist residents of VA nursing homes, hospitals and shelters in
registering
when they ask for help. Tom Bowman, VA chief of staff, told the St.
Petersburg Times in May that the VA needed to control access to its
property so patient care would not be affected. On 10 JUL U.S. Sen. Daniel
Akaka, chairman of the Senate's Veterans Affairs Committee, joined
senators John Kerry and Dianne Feinstein in writing a letter to VA
Secretary
James Peake asking him to allow voter registration on VA property. The
trio also said the VA's insistence that the Hatch Act prevents voter
registration drives on federal property is simply a misreading of the
law, saying it simply prevents federal employees from engaging in
political activity on VA time. They said the act doesn't prevent employees
from assisting veterans in registering and said the act doesn't prevent
any third party from a voter registration drive. Washington attorney
Scott Rafferty has sued the VA over its policy. [Source: St. Petersburg
Times William R. Levesque article 10 JUL 08 ++]
VA DRUG TESTING on VETS UPDATE 02: In a congressional hearing this
week, Secretary of Veterans Affairs James B. Peake, M.D., discussed the
actions taken in the wake of published reports in the Washington Times
about a VA research program on smoking cessation involving veterans with
post-traumatic stress disorder (PTSD). Secretary Peake emphasized
the
research project was not a drug study, but an examination of the most
effective way to treat heavy smokers who have PTSD, using medications
approved by the Food and Drug Administration (FDA). None of the
medications used in this study are investigational or experimental, all
are FDA
approved, and the drug that made headlines, Chantix, is in fact
considered to be the most effective medication available for smoking
cessation with six million prescriptions written.
Peake noted any veterans receiving Chantix in the study
or
anywhere in the VA had been put on the drug by their doctors as an
individual
doctor-patient decision, with continued monitoring the health status.
As information within the VA and by the FDA suggested potential
psychological side effects were being seen in some patients taking
Chantix,
clinical providers were notified promptly. Not only were letters
sent by
researchers to members of the study, but, additionally, a letter has
been sent to every veteran prescribed Chantix by the VA discussing
possible side-effects, encouraging them to contact their provider
immediately if they experience side effects and assuring them that the VA
will
help them find another way to quit smoking if they are concerned about
Chantix or are having side effects. Secretary Peake has directed four
internal investigations:
• A comprehensive review of the smoking cessation study within 30 days.
• A review of all PTSD drug protocols in the VA system within 45 days.
• A full review of our adverse event reporting system for
pharmaceuticals within 20 days.
• A review of VA's medication notification system to ensure the
system's policies support timely communications to our patients and
providers
within 20 days.
Chantix has been linked to at least 40 suicides and 400 suicide
attempts in the population at large according to the FDA, which published
its
first alert about the potential dangers of the drug on 20 NOV 07. A
second warning was issued by the FDA and one from the drug's maker,
Pfizer, before the VA finally began to warn veterans in the study on 29
FEB
08. Even then the word "suicide" was not mentioned in the letter
sent
to veterans. House Veterans' Affairs Committee Chairman Rep. Bob Filner
asked Secretary Peake "Why don't you just stop if you know the drug
induces suicidal thoughts?" No response was reported by this source.
[Source: NAUS Weekly Update 11 Jul 08 ++].
GI BILL UPDATE 25: The Department of Veterans Affairs recently
announced that the Montgomery GI Bill will soon be increased by 20% -- a
total increase of nearly $220 a month increase over last year's rate.
The
increased full-time student payment rate of $1,321 multiplied by the
36-month brings the GI Bill total payout to over $47,500. If you are
GI
Bill eligible and have benefits remaining, you get this increase no
matter when you became eligible or begin using it. This is increase
that
will help pay college costs until the new GI Bill goes into effect in
AUG 09. [Source: NAUS Weekly Update 11 Jul 08 ++]
VA CLAIM BACKLOG UPDATE 16: As of two years ago, the
Department of
Veterans Affairs had a backlog of about 400,000 disability claims
according to Iraq and Afghanistan Veterans of America, an advocacy group.
Despite efforts to speed up the claims process, the backlog remains at
about the same number now, VA officials said. In the week ending 5 JUL 08
there were a total of 637,000 rating and non-rating cases pending of
which 23% were over 6 months old, in addition the VA has over 172,000
cases on appeal. To make matters worse, the Department of Defense and the
VA have lagged at making the transition to civilian life easy for
soldiers. According to a report issued in April by the GAO, the
departments
still haven't developed a "one-stop shopping process" for soldiers that
would provide standard discharge examinations, help with filing
discharge claims, and assurances that vets don't get lost in a sea of
paperwork. The departments also don't have a joint system to make it
easier
to keep track of soldiers' medical histories. The system, the report
said, was supposed to have been in place three years ago. "They've treated
our veterans like stepchildren," said U.S. Rep. Patrick Murphy, who in
2006 became the first Iraq veteran elected to Congress. A number of
legislative and bureaucratic steps have been taken to improve the
transition process: The VA announced an effort this year to track down
550,000
veterans and remind them of the benefits to which they are entitled,
and Murphy helped pass legislation that allowed the VA to add 1,800
disability-claims processors. But more needs to be done, he said. "We had
to change the philosophy first and start making our vets a real
priority," Murphy said.
The Department may have reached a turning point in its
long battle
to process a huge backlog of benefits claims — for the first time in
years, the VA is processing more claims than it is receiving. Sen.
Daniel Akaka (D-HI) called this “gratifying news,” but expressed concern
that faster processing may cause more errors on claims. “Timelines cannot
take precedence over accuracy,” Akaka said at a 9 JUL senate hearing.
While pleased with the VA’s progress, Akaka said, “It is far too soon to
declare victory in the claims battle. Processing an initial disability
claim takes an average of 185 days, about two months longer than the
VA’s goal. Getting a handle on incoming claims is important because the
workload will only increase because of a combination of new Iraq and
Afghanistan combat veterans with service-connected disabilities and an
aging population of veterans whose health and disabilities worsen with
age.” Retired Rear Adm. Patrick Dunne, acting VA undersecretary for
benefits, acknowledged that the workload is growing. The VA expected to
get
855,000 claims this year but now projects it will receive 883,000, a 5%
increase over 2007, Dunne said. But even with the increased volume,
“we are now completing more claims than we receive,” Dunne said. “As a
result, the pending inventory at the end of May was reduced to 390,000.”
[Peninsula Daily News David Gambacorta & Army Times Rick Maze articles
30 Jun & 8 Jul 08 ++]
VA CLAIM BACKLOG UPDATE 17: In the last decade, the Department
of
Veterans Affairs has doubled the number of disability claim processors on
staff, and yet the average time to process a claim has climbed during
that period from four months to six. From JAN 07 through JUN 08, as
VA
added 2,700 claim processors to its inventory of 8,000, the average
time to process a claim still fell unimpressively, from 183 days to 181.
"Something’s going on here that isn’t right, that needs to be fixed.
I don’t know what the hell it is," said a frustrated Sen. Jon Tester
(D-MT) during a hearing 9 JUL of the Senate Veterans Affairs Committee.
"In the 1990s you were at 120 days" to process a claim. "Was there
something in the process that changed," Tester asked Michael Walcoff,
deputy
undersecretary for benefits for the Veterans’ Benefits Administration.
Yes, Walcoff said. Congress in 2000 passed the Veterans Claims
Assistance Act. Since then, two-thirds of the time required to process a
claim is committed to blocks of time set up to develop evidence to support
the claim. A recent study of VA claims processing, conducted by IBM,
confirmed that compliance with the VCAA has created bottlenecks for
processors. "It’s good law … set up to guarantee that veterans have
certain
rights and they are protected. It’s something we all agree with,"
Walcoff said. But courts have interpreted that law "in various ways that
have made it very difficult to administer and have added time to the
process."
Passage of the VCAA, in effect, overturned a 1999
decision by the
Court of Appeals for Veterans Claims that veterans had to submit a
"well grounded" claim for VA officials to be required to help them obtain
further evidence — such as doctor files or witness statements — to prove
their claim. While the VCAA lowered evidentiary standards for
veterans, it also spelled out in great detail what actions VA had to take,
and
what deadlines it had to set, to help veterans develop evidence to
support claims. When a claim is filed, the VCAA mandates that claim
processors carefully analyze it and send a letter to the veteran
explaining
evidence on file and evidence still needed. The letter also must explain
that VA will help obtain evidence if names and addresses of doctors or
witnesses are provided and that VA will obtain government records
pertinent to the claim. But the VCAA letter also tells a veteran that he
or
she has 60 days to submit the required evidence. And if the claim is to
be based on the medical findings of a private physician, the doctor
too is given a 60-day deadline to submit medical records. The process can
be delayed further if their original claim fails to include a signed
privacy form required for VA to request medical records from private
physicians. "We then have to go back to the veteran to get the privacy
form," Walcoff said. All of this, he said, is required by VCAA.
Some veterans’ service organizations and lawmakers have
criticized
VA for implementing the VCAA, and follow on court rulings, like a
lumbering bureaucracy rather than like a dynamic agency bent on speeding
up
the claims process. VA officials told senators they soon will
implement some of the IBM report recommendations to speed the claims
process.
The study said, for instance, that the VA should reduce the 60-day
period given veterans to provide evidence supporting their claim. "We are
shortening that to 30 days so we can act faster," said retired Navy Rear
Adm. Patrick W. Dunne, acting undersecretary for benefits for the
Veterans Benefits Administration. VA also will make the VCAA letter more
understandable for veterans and make it available electronically in
November after a software update.
VA disability claims have climbed by 5% from last year,
to
883,000, the result of Iraq, Afghanistan and an aging veteran population.
The
claims backlog is still a hefty 390,000. Though decision timeliness
remains a concern, said Sen. Daniel Akaka (D-HI) committee chairman,
decisions finally are being handed down faster than claims are being
filed.
But North Carolina Sen. Richard Burr, ranking Republican on the
committee, said claim timeliness remains very frustrating for veterans and
their families. "Simply drawing more money and more personnel to the
problem clearly — clearly — has not been the solution," Burr said. It’s
time "to seriously explore other options" including conversion to
paperless claims and overhauling VA’s overly complex disability rating
system.
Howard Pierce, chief executive officer of PKC Corp., testified that
his company in 2001 was tasked to set up a computerized decision model
that could be used by VA disability raters and claim adjudicators. PKC
analysts were stunned by the complexity of the decisions. "What a rater
is asked to do on a day-to-day basis is extraordinarily complicated. We
live in a world of complexity in my company. We work with very
challenging science. We have never seen anything more complex" than the VA
claims system, Pierce said. But Kerry Baker, with Disabled American
Veterans, suggested other ways for VA to speed claim decisions and be
fairer
too. He said most claims still hinge on medical opinions, and VA should
be more willing, as is the Social Security system, to accept well
documented private medical opinions. VA also should be required, "as a
matter of fairness," to inform claimants on basic elements that render a
private medical opinion adequate for rating disabilities. "VA relays this
exact information to its own doctors when it seeks medical opinion,"
Baker said. Source: Stars & Stripes Tom Philpott article 12 Jul 08 ++]
FAMILY FILM FESTIVAL: While school's out, kids and their
parents can
visit selected Regal theatres around the country for their no charge
Family Film Festival for nine weeks of movies. Regal has provided this
service to the community since 1991. Selected G & PG movies start at
10AM each TUE and WED during the festival. First-come, first-served
seating is limited to theatre capacity. The Family Film Festival is safe,
lots of fun and a great way for kids to spend a weekday morning in the
summer. To see if the no charge movies are playing in your city go to
http://www.regmovies.com/nowshowing/familyfilmfestivalschedule.aspx
and
use the drop down box to find your state. It will then display the
local theaters, movies, show times, etc. [Source: EANGUS Minuteman
Update 10 Jul 08 ++]
MEDICARE REIMBURSEMENT RATES 2008 UPDATE 11: The Senate sent President
Bush a controversial Medicare bill H.R.6331 passed by an unexpectedly
wide margin 9 JUL. However, the President has threatened to veto it.
The Senate cleared it by voice vote after voting 69-30 to overcome a
final procedural hurdle. That tally is more than the two-thirds majority
needed to override a presidential veto. Similarly, the House passed the
bill by a vote of 355-59 on 24 JUN. The legislation would stop a 10.6%
cut to doctors' Medicare payment rates, replacing them with steady
payments for the next 18 months. After that, more cuts would go into
effect. The cuts technically went into effect on 1 JUL, but the
administration has put a freeze on payments until 15 JUL, extending the
deadline for
work to be completed. Tricare provider payments are tied to Medicare
payment rates. If the Senate had not passed the bill, Tricare
payment
rates would have been cut, which may have meant that doctors and
dentists would no longer take Tricare patients, existing or new, having a
significant effect on the military community. By passing the bill,
the
rate cuts are averted (if the President signs the bill) and rates will
actually rise a bit.
The bill also would make cuts in privately administered
Medicare
Advantage plans to pay for the decreases in provider payments, and it
was those cuts that the White House and Senate Republicans had objected
to most vigorously. Republicans who initially had voted against the bill
joined Democrats at the last minute, after Senator Ted Kennedy made
his surprise appearance on the Senate floor. A senior Senate aide said
Kennedy had been following the issue closely from Massachusetts and that
he personally called Majority Leader Harry Reid on 7 JUL to say he
would likely come back for the vote. The aide said Kennedy would return to
work in the Senate in September. Kennedy is recovering from a brain
tumor. The bill does a lot more than roll back a drastic Medicare pay cut
to doctors. Following is a list of reforms a number of which the
Medicare Rights Center has advocated for years:
• New preventive services of proven benefit will be covered by
Medicare.
• Patient coinsurance for mental health services will be lowered from
50% to 20, the same rate that now applies to other doctor visits.
• A life insurance policy or in-kind help from friends and family (e.g.
with groceries, heating bills) will no longer disqualify people from
help with their drug costs.
• Bureaucratic obstacles that prevent low-income people from receiving
help with their drug and medical costs will be eliminated.
• The Centers for Medicare & Medicaid Services will be required to rein
in the exorbitant broker commissions that have fueled aggressive and
fraudulent marketing of Medicare private health plans.
• Medicare private health plans will be required to provide care
coordination and other services that meet the special needs of the
enrollees
they are designed to serve.
• All Medicare private health plans will be required to implement
programs to improve the quality of care they provide.
• Fewer Medicare private health plans will be exempt from requirements
that they have networks that guarantee access to specialists and other
local providers.
• The Part D drug benefit will cover benzodiazepines, a class of drugs
used to treat seizure disorders and anxiety disorders, which are now
excluded from coverage.
• Part D coverage for anticancer drugs will be expanded to encompass
more treatments that have been shown in respected medical journals to be
effective.
[Source: EANGUS Minuteman & Asclepios Updates 10 Jul 08 ++]
VA THIRD-PARTY INSURERS: According to a report released on 10 JUL by
the Government Accountability Office (GAO) a sample of medical
centers
managed by the Veterans Affairs Department failed to follow proper
billing procedures on about $1.7 billion in uncollected payments to check
if private insurance companies owed money to the department, In a
study of 18 VA medical centers, GAO found that delays, billing mistakes or
a lack of oversight led to the centers failing to check if $1.7 billion
in fiscal 2007 should have been billed to third-party insurance
companies. The medical centers have valid reasons for not billing for
certain
medical procedures, such as treatment received during military
service, services covered by Medicare and a patient not having private
health
insurance. But "medical center management did not always validate the
reasons for these unbilled amounts," said the report which can be viewed
at
http://www.gao.gov/new.items/d08675.pdf. "VA still has significant
weaknesses in their controls in billing, follow-up and collection,"
said Kay Daly, GAO's acting director for financial management and
assurance and the one of the report's authors. "They could be obtaining
hundreds of millions in revenue from third-party insurers if they
addressed
these weaknesses."
GAO performed the case study as a follow-up to a 2004 report
that
also identified failures in VA's ability to bill third-party insurers
for care given at medical centers. The department often did not bill
private insurance companies that covered patients treated at its
facilities. The most recent report acknowledges VA has made some progress
in
correcting those shortcomings issue, but concludes many patient visits
still are not billed to third-party insurers. "We found that VA didn't
have
the full range of reports they needed to manage this at a high level
perspective," Daly said. "They didn't have information on the billing
and collection process or formal procedures to provide them with that
information." GAO found 10 medical centers took, on average, 109 to 146
days to bill third-party insurers. VA's goal is 60 days. "We also found
these centers had significant documentation, coding, and billing errors
and performed little or no management oversight of the billing
function," the report stated. GAO said the lack of reporting was closely
tied
to problems in the design of VA's computer systems.
The Veterans Health Information Systems Architecture,
or VistA, a
medical records system that includes accounts receivable, operates as a
stand-alone system at each medical center. That prevents officials
from directly accessing individual medical center data and requires
officials to call each center to ask for information. To collect the data
in
one accessible location, VA developed the Performance and Operations
Web-Enabled Reports System, which serves as a data warehouse for VistA
data. GAO noted, however, that the system does not provide all the
required standard management reports to conduct oversight and additional
queries and data compilations are needed to collect the billing data. VA
has undertaken initiatives to upgrade its systems. The Clinical Data
Entry program will allow the department to capture clinical data
automatically during a patient's first visit. The system also will compile
procedures that are expensive and conducted frequently but are not billed.
VA
wanted to complete the system in MAY 07 but so far the department
has
yet to set a deployment date. Another major driver in VA's efforts to
optimize revenue collection is the Patient Financial Services System,
which will resolve business processes and technology issues in VA's
revenue collection and financial management systems. [Source: GovExec.com
newsletters Gautham Nagesh article 14 Jul 08 ++]
ADVENTURE EXCURSIONS FOR OEF/OIF VETS: Outward Bound, an
international non-profit outdoor education program, is offering fully
funded
outdoor adventure excursions to all OEF/OIF veterans. It doesn’t
matter what
your current military status is (active, inactive, discharged,
retired) – you’re eligible to attend as long as you deployed in support of
OEF/OIF combat operations while in the military. These five-day
excursions offer adventure activities such as backpacking, rock climbing,
canyoneering, canoeing, and dog sledding in wilderness areas in Maine,
Texas,
Colorado, California, and Minnesota. Scheduled courses from 8 SEP 08
thru 9 FB 09 are listed below, and future courses will be scheduled
soon. All expedition costs for lodging, equipment, food, and
instruction
are completely funded by a multi-million dollar Sierra Club grant,
including the participants’ round-trip transportation between home and the
wilderness site. The excursion is offered at no cost to the
participant. To sign up for one of the prescheduled courses, contact
Doug
Hayward at 1-866-669-2362, ext. 8387, or e-mail him at
obvets@outwardbound.org.
To learn more about the OEF/OIF program,
visit the website at www.outwardboundwilderness.org/veterans.html.
You can
also contact two of their retired Judge Advocates, Joe and Amy Frisk,
who are working for Outward Bound on this program at
vetsor@outwardbound.org,
or at (303) 968-4420. The open enrollment
course schedule is:
• Leadville CO - Backpacking and Rock Climbing in the Colorado
Rockies: 3-7 SEP & 4-8 OCT 08.
• Newry ME - Backpacking and Canoeing: 7-11 & 19-23 OCT 08 .
• Big Bend TX - Back packing and Canyoneering: 2-6 & 15-19 NOV 08.
• Joshua Tree National Monument CA - Backpacking and Rock
Climbing:
December 3-7 & 14-18 DEC 08.
• Ely MN - Dog Sledding: February 3-7 FEB 09.
[Source: Student Veterans of America John D. Mikelson Notice 10 Jul 08
++]
VET JOB UPDATE 02: Both Schneider National and Con-way Freight have
implemented programs to attract former military personnel to the
trucking business, helping train and prepare armed forces members for a
life
behind the wheel. The trucking industry needs good, quality workers.
Former servicemen and women need a post-military career. It seems like a
natural fit. Schneider National announced last week its Veterans
Owner-Operator Program, which will give former military personnel the
training, mentoring, financial incentives and purchasing power necessary
to
become an owner-operator, the carrier said. Schneider signed a Memorandum
of Understanding with the U.S. Department of Veterans Affairs that will
subsidize veterans’ commercial drivers’ license training through their
GI Bill benefits. The carrier added that it will work closely with
veterans to ensure they are able to become owner-operators six months
sooner than prospective owner-operators without a military background.
According to Schneider, more than 25% of the company’s employees have
military backgrounds, and the carrier ranks sixth on G.I. Jobs’ Top
Military-Friendly Employer list. Con-way Freight is also looking to
attract
armed forces personnel, launching last week a public-private partnership
with the U.S. Army Reserve that will allow both organizations to
recruit, train and employ those interested both in serving their country
and
joining the commercial freight transportation industry. According to
Con-way, the agreement gives Army Reserve soldiers employment
opportunities with Con-way Freight after they complete their military
occupational
training, formally creating a relationship between the armed forces
and the private sector. [Source: Fleet Owner Online Justin Carretta
article 7 Jul 08 ++]
MOBILIZED RESERVE 9 JUL 08: The Army, Air Force and Marine Corps
announced the current number of reservists on active duty as of 9 JUL 08
in
support of the partial mobilization. The net collective result is 2,267
fewer reservists mobilized than last reported in the Bulletin for 15
JUN 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 85,517; Navy Reserve, 5,757; Air National Guard and Air
Force Reserve, 11,499; Marine Corps Reserve, 8238; and the Coast Guard
Reserve, 787. This brings the total National Guard and Reserve
personnel who have been mobilized to 111,799, 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/Jul2008/d20080709ngr.pdf
. [Source:
DoD News Release 576-08 9 Jul 08 ++]
VA VET CENTERS UPDATE 05: Combat veterans will receive readjustment
counseling and other assistance in 39 additional communities across the
country where the Department of Veterans Affairs (VA) will develop Vet
Centers by fall 2009. The existing 232 centers conduct community
outreach to offer counseling on employment, family issues and education to
combat veterans and family members, as well as bereavement counseling for
families of service members killed on active duty and counseling for
veterans who were sexually harassed on active duty. Vet Center
services are available at no cost to veterans who experienced combat
during
any war era. They are staffed by small teams of counselors, outreach
workers and other specialists, many of whom are combat veterans. The
Vet
Center program was established in 1979 by Congress, recognizing that
many Vietnam veterans were still having readjustment problems. The
centers have hired 100 combat veterans who served in Iraq and Afghanistan
as
outreach specialists, often placing them near military processing
stations, to brief servicemen and women leaving the military about VA
benefits.
VA's 2009 budget proposal seeks $20 million more than
this year's
budget for Vet Centers, to include operating and leasing space for the
new centers. Eighteen of the counties that will have new centers
already have one or more; the other 21 do not. The communities receiving
new
VA Vet Centers will be: AL – Madison; AZ – Maricopa; CA - Kern, Los
Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego; CT –
Fairfield; FL - Broward, Palm Beach, Pasco, Pinellas, Polk, Volusia; GA
– Cobb; IL - Cook, DuPage; MD - Anne Arundel, Baltimore, Prince
George's; MI - Macomb, Oakland; MN – Hennepin; MO – Greene; NC – Onslow;
NJ –
Ocean; NV – Clark; OK – Comanche; PA - Bucks, Montgomery; TX - Bexar,
Dallas, Harris, Tarrant; VA - Virginia Beach; WA – King; and WI –
Brown.
[Source: VA News Release 9 Jul 08 ++]
OHIO VET TUITION: In an effort to attract more veterans to Ohio’s
public universities, Gov. Ted Strickland announced 8 JUL that the state
would charge in-state tuition to all veterans attending college on the
G.I. bill. The Ohio plan, the first of its kind in the nation, makes all
veterans “honorary Ohioans” for the purpose of a college education.
On
30 JUN, President Bush signed into law a new G.I. bill, doubling
college benefits for eligible troops and veterans, essentially
guaranteeing
full scholarships at their in-state public colleges or universities, as
well as providing monthly housing stipends. But generally, veterans
can attend college under the law only in their home states. The Ohio
plan, called the Ohio G.I. Promise, changes residence requirements at the
state’s 36 colleges and universities to allow all veterans, their
spouses and dependents to attend Ohio colleges and universities at
in-state
tuition rates. Ohio, which has about 47,000 students enrolled in its
public institutions, recently adopted a 10-year strategic plan with a
goal of enrolling about 230,000 more over the next decade.
Eric D. Fingerhut, chancellor of the Ohio Board of
Regents said,
“We have for years had a net out-migration, not only for the state
generally, but for people with college degrees. So one of our goals,
specifically delineated in the strategic plan, is to reverse the
out-migration
of people with degrees. In order to achieve that, we have to graduate
more students and keep them here, and also attract more from out of
state.” Mr. Fingerhut said the veterans plan will work in tandem
with
other new programs to encourage students to stay in Ohio. “If we are able
to attract veterans to Ohio, we can link them and their families to
internships, co-op and other opportunities, and if they get good jobs
here, we’ll have Ohioans. We want veterans to know Ohio wants them
to come
here, and that we think they’re incredibly valuable high potential
students. We already have a number of very good programs, which we’ll be
expanding, to provide the type of counselors, advisers, and mentors who
can work one on one with veterans to help them make the transition to
civilian life and navigate the academic environment.” Currently,
out-of-state students make up about 7.2% of those enrolled in Ohio’s state
colleges and universities. [Source: New York Times Tamar Lewin article 9
Jul 08 ++]
MEDICARE FRAUD UPDATE 08: Congressional investigators said 8 Jul 08
that Medicare has paid as much as $92 million since 2000 to medical
suppliers who billed the government for wheelchairs and other home
equipment purportedly prescribed by physicians who, according to records,
were
dead at the time. The Centers for Medicare and Medicaid Services (CMS)
honored about 500,000 such claims despite pledging six years ago to
correct the problem, which was identified by the Health and Human Services
Department's inspector general in 2001. In more than half the cases
studied, the doctor listed as having ordered the equipment had died more
than five years earlier, said a report by the Senate Homeland Security
and Governmental Affairs Committee's permanent subcommittee on
investigations. The report is part of the committee's ongoing
investigations
into waste, fraud and abuse in the fast-growing federal health program,
which serves more than 43 million elderly and disabled Americans.
Medicare pays annually more than $400 billion in benefits and is a fixture
on
the Government Accountability Office's "high-risk" list of troubled
programs.
The Medicare program's durable medical equipment
component, in
particular, has been a frequent target of companies seeking to bilk the
government. The subcommittee has scheduled a hearing on the problem. When
the system works properly, a physician writes a prescription for home
medical equipment for a Medicare beneficiary. He takes the order to a
supplier, who sells or rents the equipment to him. The supplier, in
turn, submits a claim for payment to a Medicare contractor for processing.
The claim includes a number issued by Medicare that identifies the
prescribing physician. Senate investigators obtained from the
American
Medical Association a computer file of physicians who had died between
1992 and 2002. They selected 1,500 at random and asked Medicare officials
to turn over medical-equipment claims filed with those doctors'
Medicare ID numbers between 2000 and 2007. During that time, the
review said,
ID numbers for 734 deceased doctors were used to file 21,458 claims
that totaled $3.4 million. Investigators counted the claims only if the
equipment was bought more than a year after the doctor's death.
Extrapolating from the sample, investigators estimate
that 384,730
to 572,238 such fraudulent claims were submitted during that period,
and Medicare paid an estimated $60 million to $92 million. There are
still active ID numbers in Medicare's system for as many as 2,895 dead
physicians, investigators said. They examined separate data for
Florida,
home to many retirees and a perennial leader in Medicare fraud. They
found that more than a quarter of deceased Medicare doctors there still
have active ID numbers in Medicare's system. Medicare officials had
promised to do a better job screening claims after the 2001 inspector
general's report found that the agency had paid $91 million for medical
supply claims with invalid or inactive physician ID numbers in 1999.
Medicare officials said several new steps should help, including a plan
to
match monthly Social Security Administration data about U.S. deaths
against a revamped Medicare provider-identification system. They also
pointed to new accreditation requirements for suppliers under a new
program,
opposed by the industry, that sets some equipment prices through
competitive bidding. [Source: Washington Post Christopher Lee article 9
Jul
08 ++]
MEDICARE PART B PREMIUMS UPDATE 03: Some military retirees
disabled
in the wars in Iraq and Afghanistan pay more for health care than other
retirees, and a new report recommends waiving their insurance premiums
to correct the inequity. The report 8 JUL by inspectors general of the
Department of Defense and the Department of Veterans Affairs suggests
waiving for life the Medicare Part B premiums for service members who
have been medically retired and are unlikely to get another job. Service
members judged unfit for continued service after a service-related
injury or illness are called “medically retired” and are eligible to
continue receiving care through the military health care system. But those
who don’t live near VA facilities can enroll in Medicare and go to
civilian providers, the report said. Such retirees pay roughly $1,160
annually in monthly premiums until reaching the age of 65, while other
retirees remain in the military health care system and don’t need the
Medicare plan. The proposed change is among recommendations made after a
review of services available for troops injured in Afghanistan and Iraq as
they transition from active duty in the military to the responsibility
of the VA.
The review, started two years ago, didn’t study the
quality of
medical care or individual cases, but rather efforts to improve the
transition process. Release of the report was delayed to take into account
legislation passed or proposed since the study started — as well as
recommendations by more than a half-dozen commissions and task forces that
have looked at veteran and troop health care in recent years. Those
other studies made more than 400 recommendations — now in varying stages
of
review or implementation. “Since 2005, DOD and VA made significant
progress modifying, updating and improving the systems supporting injured
service members and veterans,” the report said. “The final step will be
to ensure implementation.” Some veterans have complained about falling
through the cracks of the bureaucracy as they leave the Pentagon’s
care and transition to the VA. Some have complained about long waits to
get appointments or about being discharged at a fraction of their pay,
then waiting for months before their full disability payments arrive.
Cynthia O. Smith, a Pentagon spokeswoman, said that among other efforts,
the two departments have provided coordinators to guide wounded warriors
and their families through medical recoveries and have set up a pilot
program to simplify what was two exhaustive medical exams into one at
the start of the disability process. [Source: Air Force Times AP Pauline
Jelinek article Posted 9 Jul 08 ++]
TRICARE BACK SURGERY: A policy change is retroactive to 1 MAR 07
will
allow beneficiaries with pain from fractured vertebrae to now seek
surgery under Tricare. Percutaneous vertebroplasty and kyphoplasty,
two
minimally invasive back surgeries, are now covered. Either may replace
spinal fusion, an invasive surgical procedure, for treatment of
fractured vertebrae. Usually occurring in patients with osteoporosis, many
vertebral fractures heal on their own with bed rest and anti-inflammatory
medication in approximately three months. It is only when pain persists
beyond three months that surgery is recommended. The traditional
treatment was spinal fusion surgery which requires up to 12 hours in the
operating room with days of hospitalization afterward. Percutaneous
vertebroplasty and kyphoplasty are outpatient surgeries which have
patients
back to relative normality in 24 hours. Although minimally invasive, all
surgeries come with risk and decisions need to be consulted with a
doctor. Approval must be obtained from a provider for either surgery.
Beneficiaries with questions about this procedure and its coverage under
Tricare should contact their primary care manager. Check www.tricare.mil
for this and other healthcare benefit information. [Source: Tricare News
Release No. 08-64 dtd 8 Jul 08 ++]
VET CEMETERY ARKANSAS UPDATE 01: Officials say a fifth
veterans
cemetery for Arkansas will be established by the state on 99 acres near
this Cross County community. Of the four current veterans cemeteries in
Arkansas, only three are open for new burials — national cemeteries at
Fayetteville and Fort Smith and a third being developed by the state at
Camp Robinson in North Little Rock. The Little Rock National Cemetery
has no more room for gravesites. The new veterans cemetery, to be a state
operation, will be developed on land bought from the Maurice Smith
family of Birdeye, near the intersection of Arkansas 42 and Arkansas 163,
northeast of Wynne and east of Cherry Valley. The Smith family sold the
land for $150,000, but that is only a small part of the cost. Jerry
Bowen, a former undersecretary in the federal Veterans Affairs Department
Bowen said that, in addition to the land, the estimated cost of
developing the cemetery will be $5.6 million. The state Legislature has
appropriated $1.3 million to start the project. According to Bowen, 46% of
all veterans in the state live in central Arkansas, 34% in northwest
Arkansas, 16% in northeast Arkansas, 4% in southeast Arkansas and 5%
in
southwest Arkansas. The cost of development will be paid for by the
federal government through the state. David Fletcher, director of the
Arkansas Department of Veterans Affairs, said the need for a new veterans
burial ground was made apparent by the large pool of World War II
veterans living in the region. The cemetery will have a full-time staff of
five and an estimated annual operating budget of $250,000. Officials
estimate the first burial could be as early as Memorial Day or Veterans
Day
in 2010. [Source: Arkansas Democrat Gazette AP article 7 Jul 08 ++]
RHODE ISLAND STATE DVA: A renewed proposal to establish a state
Department of Veterans Affairs has been defeated again. Rep. Kenneth
Carter, a North Kingstown Democrat and chairman of the House Committee on
Veterans Affairs, resubmitted the measure that last year was passed by the
Rhode Island General Assembly but vetoed by Governor Carcieri. This
time, the bill won House passage but died in a Senate committee.
Currently, veterans issues are dealt with by a division of the state
Department
of Human Services. [Source: Veterans Journal George W. Riley article 7
Jul 08 ++]
TRICARE OVERSEAS PROGRAMS UPDATE 01: TRICARE Area Office Pacific
(TAO
PAC) has announced they will be establishing a Philippines Satellite
Office with a target opening date by the end of 2008. Negotiations
with
JUSMAGPHIL and the Department of State for space in the Embassy
compound are currently ongoing. Once the office is set up Tricare users
will
be able to call or visit the office for help with their Tricare issues
and problems. In the interim, Philippine support will continue from the
TAO PAC Okinawa office which can be reached via
TPAO.CSC@med.navy.mil,
or Commercial Tel: 81-611.743.2036 or DSN: 315.643.2036 or DSN FAX:
315.643.2037 or no cost Tel: 888-777-8343 Menu Option # 4. Within
the
month all Philippine Tricare users will be sent a letter from Wisconsin
Physician Services (WPS) to inform them about the new Philippines rates
that have been established to pay for inpatient (hospital) and
outpatient care. If you do not receive a letter either you have not
updated
your current local address or you are still registered under a Tricare
region in the states. The new rates will begin on 1 OCT 08.
They were
developed by the Tricare Management Activity (TMA) office to replace
the Puerto Rico caps that are currently used for outpatient services and
for the inpatient daily rates in the Philippines. TMA used the World
Bank International Comparison Program index for the Philippines to
establish more reasonable rates to reflect costs in the Philippines.
Generally the new rate caps will be lower than the current caps, so it is
important that users know what these rates are in order to avoid
significant out of pocket costs. These rates will be published on
the TRICARE
website:
http://www.tricare.mil/tma/foreignfee/ . Inpatient rates are
already listed on the site and below. Outpatient rates will be listed
soon.
Philippines Inpatient Allowed Daily Per Diem Rates:
Group # Description
Current 1 OCT 08
01 Infectious Disease ............... $1,847 $1,144
02 Cancer ............................. $2,136
$1,196
03 Endocrine ........................ $2,119 $1,141
04 Mental Health ................. $909 $395
05 Nervous System ............... $1,906 $1,027
06 Circulatory ..................... $3,044 $1,769
07 Respiratory ..................... $1,828 $916
08 Digestive ........................ $1,888 $1,009
09 Genitourinary ................. $1,980 $1,152
10 Pregnancy and birth .......... $1,076 $555
11 Musculoskeletal and Skin .. $3,079 $1,998
12 Congenital anomalies .... $2,916 $1,657
13 Perinatal ......................... $731
$333
14 Symptoms, signs, etc. ..... $1,950 $1,080
15 Injuries ........................... $2,246
$1,249
16 Poisoning ........................ $1,801 $1,069
17 Complications ................ $2,333 $1,403
18 V-codes .......................... $1,640 $966
[Source: TAO PAC Notice 1 Jul 08 ++]
Editors Note: The above rates changes will result in significant
out-of-pocket medical care expense for Philippine users if they do not
take
steps to plan their health care in advance. It also sets the
precedent
to take similar steps in other overseas countries in which retirees
reside. The revised rate structure for 1 OCT will result in all users in
PI having to effectively pay higher Tricare fees than those in CONUS.
By lowering the allowed amounts that can be reimbursed to providers the
net result is that in addition to the 25% copay, retirees will also
have to pay their providers the difference between what Tricare allows and
what is charged to Philippine citizens. PI Tricare users should
confirm that their current providers will accept the reduced rates before
care is needed and, if not, attempt to locate alternate providers who
will. At present less than 10% of the providers in the PI will
accept
direct reimbursement from Tricare. Since almost all PI provider’s
require
payment in advance, it would be prudent to set aside funds to make
these payments as needed. Readers are encouraged to write their
legislators and request they either conduct a congressional inquiry or
hold
hearings to justify why DoD has taken steps for Tricare users
overseas to
pay more than those in CONUS.
ENLISTMENT WAIVERS UPDATE 01: This week the Department of Defense
(DoD) and the nation celebrated the 35th Anniversary of the All Volunteer
Force (AVF). Since its inception, our volunteer military has upheld the
traditions of strong and selfless service to the nation. Presently,
more than 1.4 million men and women choose to serve on active duty, along
with nearly 1.1 million members of the National Guard and Reserves.
DoD announced changes 27 JUN to improve the enlistment screening process
by standardizing enlistment criteria and generating uniform reporting
of waiver types across all services. The most noticeable change to the
policy is in the area of conduct waivers. Previously, each service
categorized offenses differently, making it impossible to provide reliable
comparisons across services, over time. Under the new policy all conduct
offenses will be classified into one of four different categories. The
most severe offenses will be classified as "major misconduct," while
less severe offenses will be considered "misconduct," "non-traffic," or
"traffic" offenses. Also new is a coding system allowing services to
track the level of the misconduct and the specific offense in question.
Recent research suggests patterns of smaller offenses such as underage
drinking and curfew violations are often more problematic over a career
than a single major youthful offense such as burglary, which is the
most common offense in the "major misconduct" category.
About one in five recruits receives exceptional
admission to the
military by means of a waiver. About one third are for medical waivers-
most frequently for high body fat - and nearly two thirds involve
youthful misconduct waivers. The standardization of data will allow the
department to better analyze the relationship between offenses or
categories of offense on the one hand, and attrition or performance
concerns on
the other. This new policy, will go into effect on 1 OCT 08, does
not
prohibit further changes in the management of the military's screening
for service in the armed forces, but it does represent another
affirmative step in sustaining the pattern of success that has come to
characterize AVF. Today's AVF is highly educated with nearly 95%t of
recruits
holding a high school diploma, compared to about 75% of contemporary
youth. Moreover, two thirds are drawn from the top half of American youth
in math and verbal aptitude. The new policy can be viewed online at
http://www.defenselink.mil/news/d20080627DTM08-018%20Final%20Signed%20compressed.pdf
.
[Source: DoD News release No.560-08 dtd 2 Jul 08 ++]
VA BRACHYTHERAPY TREATMENTS: On 2 JUL VA notified the major
veteran
service organizations about a medical treatment problem at the VAMC in
Philadelphia. Specifically, VA had discovered that a specific
treatment for prostate cancer, called brachytherapy, had not been
conducted
properly in a number of cases from 2002 to 2008. At this time this
problem is known to exist at the Philadelphia VAMC only. Actions are
underway to contact all patients who have received brachytherapy treatment
at
the Philadelphia VAMC during this time frame by mail. These letters
will provide information on the error in treatment, information on
obtaining follow-up care, a contact number for additional information, an
apology, and assurances that any co-pays for additional testing will be
waived. All other veterans who are concerned should call the VA hospital
where they were treated. Following are responses to some anticipated
questions from those who have received brachytherapy:
• What will happen next to me? In order to determine which patients
have a problem, VA will be performing repeat CT scans on some patients.
Using these scans, they will then calculate the dose to the prostate and
determine whether it was adequate. If it is determined that the dose
was adequate, VA will inform you, and nothing further will be done
except for routine follow-up. If it turns out that the dose was
inadequate,
see items 4 and 5 below.
• What does inadequate dosage mean? Prostate brachytherapy is based on
the delivery of a certain dose of radiation to the entire prostate
gland using radioactive seeds. Based on a review of dosing to the
prostate gland, VA determined that some doses may have been lower than
optimal. Patients whose prostate gland received lower than optimal
doses have
a higher chance of their cancer returning than patients who received
higher doses.
• Will additional tests be required, and if so what tests? VA is
requesting a repeat CT scan on patients who they suspect may have been
under
dosed. They will also be obtaining PSA levels on our patients, which
is something which would be done even if there were no suspicion of
under dosing. If there is a rising PSA, VA may obtain a bone scan.
In
some cases, a prostate biopsy might be recommended.
• If it turns out that I received an inadequate dose, does it mean that
I will have a relapse of my prostate cancer? Not necessarily. Properly
delivered brachytherapy cures early stage prostate cancers in 90-95%
of patients meaning that there is a 5-10% chance of the cancer
returning. If it turns out that you received an inadequate dose,
your risk is
higher. However, it is still possible that it will never return.
• If it is determined that I was under dosed, will I require more
treatment? We is reviewing your case to determine whether to recommend
further treatment at this time and if so what that therapy should be.
This
is an individualized decision based on many factors, including how long
ago your implant was performed and your current and past PSA levels.
If it is felt that your risk of relapse is high, VA may recommend
further treatment such as a second implant. Alternatively, VA may
recommend
no further treatment and may continue to follow your PSA levels.
• If no further treatment is recommended but only follow-up, how long
do I need this? Prostate cancer can be very slow growing and may relapse
many years later. For this reason, it is recommended follow-up at
least every six months for a minimum of five years following treatment and
preferably for ten years.
• If I do have a relapse what further treatment could be given? After
radiation therapy to the prostate has been given, most urologists are
unwilling to perform surgery. The most likely course of action would
be
to place you on hormonal therapy (injections given every 3 months and
oral pills).
• Do I have the right to sue? Yes; for more information about filing a
claim contact the Office of Regional Counsel (Mr. Jose Lopez). He
may
be reached by telephone at (215) 823-7811, or by mail at Jose H. Lopez,
Regional Counsel, Office of Regional Counsel (642/02), Department of
Veterans Affairs Medical Center, 3900 Woodland Avenue, Philadelphia, PA
19104 .
[Source: NVS Weekly Updates 2 July 08 ++]
DOD PDBR: Former servicemembers who disagree with the
disability
ratings they received when they were discharged as unfit for military duty
can now apply to have those ratings reviewed by a new Physical
Disability Board of Review (PDBR). The Defense Department announced
formation
of the new board to reassess the accuracy and fairness of disability
ratings assigned to discharged troops. Several task forces and studies
cited inconsistencies in the way the military departments assigned
disability ratings for similar conditions. The Army tended to assign the
lowest ratings, according to the studies. The findings were enough to
warrant the creation of a PDBR. The board won't second-guess service
determinations of fitness for continued service; it will only review the
combined disability ratings associated with the specific unfitting
conditions cited by the service Physical Evaluation Board. Their
recommendations will be final and won't be reviewable by a service Board
for
Correction of Military Records. Any servicemember who meets eligibility
qualifications (or the surviving spouse, next of kin, or legal
representative)
can submit a written request to the parent service to have his or her
case considered by the PDBR if the servicemember:
1) Was separated from the Armed Forces between 11 SEP 01 and 09 due to
a disability that made him or her unfit for continued military service;
and
2) Received a combined disability rating of 20% or less from the parent
service; and
3) Was not eligible for retirement.
The new board could potentially affect almost half the
20,000
servicemembers processed through the Disability Evaluation System each
year. Of these, about 10% have combat- or training-related injuries.
Disability ratings have a significant financial impact, determining if the
servicemember qualifies for retired pay and military benefits such as
health care and base privileges for life, or a one-time severance pay with
no additional benefits. Those who receive 30% or higher disability
ratings -- 1,296 during fiscal 2007 -- are medically retired. In
addition, more than 4,200 servicemembers were put on a temporary
disability
retired list last year, a status they can retain for up to five years.
If
the combined rating is 20% or lower, troops are typically discharged
with severance as unfit for duty. During fiscal 2007, almost 4,000
servicemembers processed through the Disability Evaluation System were
returned to duty. Of those separated as no longer fit for duty, more
than
9,200 received a severance. Another 1,150 did not receive a severance,
typically because their disabilities were due to misconduct or
pre-service conditions. Not all were happy with their disability
rating
findings. About 10% appealed their cases. Now, under the PDBR troops will
have one additional method of recourse. Retherford said he anticipates the
board will review about 900 cases per year, all by request. Former
servicemembers separated from the military after 11 SEP 01, must apply to
have their case reviewed.
The Defense Department plans to launch an awareness
campaign to
ensure people who qualify for a records review know about the new board
and how to apply. The Defense Department designated the Air Force to
operate and manage the new board, but it will include representatives
from each military department. Board members will include line officers as
well as medical experts, who will review documentary evidence. No
former servicemember will appear in person before the board. The
board can
recommend that the appropriate service secretary increase a disability
rating, uphold the previous finding, or issue a disability rating when
the previous board did not assign one. However, the board cannot
recommend a lower rating. Undersecretary of Defense for Personnel
and
Readiness David S. C. Chu called the board an important step in ensuring
affected servicemembers are treated fairly. "The PDBR has no greater
obligation to our wounded, ill and injured servicemembers and former
servicemembers than to offer fair and equitable recommendations pertaining
to
the assignment of disability ratings," he said. [Source: AFPS Donna
Miles article 1 Jul 08 ++]
DOD PDBR UPDATE 01: The Defense Department announced formation of
the
new Physical Disability Board of Review (PDBR) to reassess the
accuracy and fairness of disability ratings assigned to discharged troop.
The
Air Force is to recommend someone to lead the PDBR immediately, and
then the other services will determine who will represent them on the
board. According to the legislation, the new board was supposed to be in
place by the end of April. David S.C. Chu, undersecretary for personnel
and readiness, in a memo dated 27 JUN wrote, “The purpose of the [board]
shall be to reassess the accuracy and fairness of the combined
disability ratings assigned service members who were discharged as unfit
for
continued military service. The [board] shall operate in a spirit of
transparency and accountability, and shall impartially readjudicate cases
upon which review is requested or undertaken on its own motion.” One
sentence of the new directive already has veterans service organization
representatives concerned: “Only the medical condition(s) determined to
be specifically unfitting for continued military service, as previously
determined by the Military Department [physical evaluation board],
will be subject to review by the [board].” The legislation makes no such
limitations. Retired Army Lt. Col. Mike Parker, who has worked as an
advocate for service members going through the physical evaluation board
process, said there are at least two categories of veterans who could be
hurt by this limitation:
• He gave an example of a sergeant who was originally sent to the
medical evaluation board because of a congenital cornea condition that
caused his vision to be distorted. According to the surgeon general of the
Army’s policy, soldiers may not wear hard contact lenses to the field,
as this soldier was required by his doctor to do. But when he went to
the board, he was found fit for his cornea condition, which would have
brought him a rating of at least 30%, and found unfit for two other
lesser conditions and given a total rating of 10%. “They’ve been
cherry-picking which unfitting condition to use,” Parker said. The new
board would
not be allowed to make sure the ‘fit’ determination for the soldier’s
cornea problem was fair.
• The Physical Evaluation Board is required to include all current
medical conditions, but the Walter Reed scandal showed that often, medical
records were lost or not included in board packets. If that happens,
the Physical Evaluation Board doesn’t get a chance to rate for all
conditions, but those cases would not be covered by the new board.
Pentagon Spokesman Lt. Col. Les Melnyk said in an
e-mail,
“Conditions that were not identified as unfitting are not within the scope
of
this board. A determination of unfitting is generally unique to the
demands of the service member’s military department. These decisions are
best made by the military departments.” However, he said conditions that
were not rated because they were determined to be pre-existing, as was
the case of thousands of service members discharged with no benefits
for personality disorders, would be eligible for review by the new board.
Parker said the new board needs to address all situations that can
lead to a combined disability rating of less than 30% — otherwise, service
members may have to take their cases to several boards to try to
correct specific errors in their cases. “If the new board does not address
all of these factors, I fear a service member may have to spend years
going to multiple review boards to fix all the issues that led to an
erroneous rating,” Parker said, which is exactly the kind of bureaucratic
quagmire the Wounded Warrior legislation sought to correct. Melnyk
said
a different board should, in fact, look at those other issues.
“Service members may appeal those issues to the Military Department Board
of
Corrections for Military Records or the Discharge Review Boards,” he
said. But that could also cause a problem: After they receive a
recommendation from the new review board, service members will not be
eligible
for review by the Board for the Correction of Military Records, according
to Chu’s directive and the legislation. [Marine Corps Times Kelly
Kennedy article 8 Jul 08 ++]
VA FRAUD UPDATE 11: The Department of Justice announced 30 JUN
that
the director of the Hines IL Department of Veterans Affairs
Consolidated Mail Outpatient Pharmacy (CMOP) has agreed to plead guilty to
participating in a conspiracy that allowed a subordinate to make
contracting
decisions regarding a company owned by the subordinate's spouse. The
director also has agreed to plead guilty to accepting illegal gratuities.
In a plea agreement filed in U.S. District Court in Chicago , Joel M.
Gostomelsky , admitted to conspiring with a subordinate between 2000 and
2007 to allow the subordinate to be involved in the hiring and
supervising of temporary pharmacist employees supplied to the CMOP by a
company owned by the subordinate's spouse. Among other actions,
Gostomelsky
falsely represented to VA officials that the subordinate had no role at
the CMOP in the ordering of these services, and that the subordinate
would be removed from making decisions affecting the employees of the
temporary staffing company. He also agreed to plead guilty to receiving
illegal gratuities from 1998 through approximately 2005 from another
vendor that provided supplies to the CMOP acknowledging that because of
the
gifts he received, he helped steer orders for mailing supplies to the
vendor. According to the terms of the plea agreement, which is subject
to court approval, he has agreed to cooperate in the government's
ongoing investigation. His sentence will be determined by the court.
Gostomelsky was the Director of the CMOP in Hines from
1995 until
April 2007 . The CMOP in Hines is one of seven such pharmacies
throughout the nation, and currently processes and sends more than 100,000
prescriptions to veterans daily. The conspiracy charge carries a maximum
penalty of five years of imprisonment and a fine of $250,000 and the
acceptance of illegal gratuities charge carries maximum sentence of two
years of imprisonment and a fine of $250,000. The maximum fine for each
of these violations may be increased to twice the gain derived from the
crime or twice the loss suffered by the victims of the crime, if either
of those amounts is greater than the statutory maximum fine. George J.
Opfer, Inspector General of the Department of Veterans Affairs said,
"The VA Office of Inspector General investigates every credible
allegation against VA employees who betray the trust of our veterans and
taxpayers by acts of bribery, graft, and criminal conflict of interest.
Former managers of two other VA Consolidated Mail Outpatient Pharmacies
currently serving multi-year prison sentences for similar, yet unrelated,
criminal acts have learned just how seriously we take these
allegations." Anyone with information concerning bid rigging, fraud,
kickbacks,
bribery or other crimes relating to violations of federal procurement laws
meant to foster competition concerning any of the VA's CMOP's should
contact the Chicago Field Office of the Antitrust Division at
312-353-7530 or the VA Office of Inspector General at 1-800-488-8244.
[Source:
U.S. Department of Justice News Release 30 Jun 08 ++]
VETERANS’ BENEFIT EXPIRATION UPDATE 01: Many of your benefits
have
an expiration date. Below are a few important federal ones to remember
so you don’t lose out. Most veterans are not aware, that their benefits
can expire. For more detailed information of these programs go to
http://www.military.com/benefits/veteran-benefits/veterans-benefit-expiration-dates
or: www.va.gov:
Education, Training, and Employment Programs: 10 years from date of
last discharge or release from active duty.
Veterans Education Assistance Program (VEAP): 10 years from last
discharge or release from active duty.
Montgomery GI Bill for Selected Reserve (MGIB-SR): 14 years from the
date of eligibility for the program, or until released from the Selected
Reserve or National Guard. (Some extensions available if activated.)
Reserve Educational Assistance Program (REAP): No time limit, while
remaining in the same level of the Ready Reserve.
Vocational Rehabilitation and Employment (VocRehab): Generally, 12
years of separation from service or within 12 years of being awarded
service-connected VA disability compensation.
VA Insurance Programs:
• Servicemembers’ Group Life Insurance (SGLI): Coverage ends 120 days
after separation or Can be extended up to 1 year for totally disabled
veterans.
• Family Group Life Insurance (FGLI): Coverage ends 120 days after
separation or Can be extended up to 1 year for totally disabled veterans
after separation.
• Veterans Group Life Insurance (VGLI): Within 120 days of separation.
• Service Disables Veterans Insurance (SDVI): Within 2 years from the
date of being notified of service-connected status.
• Veterans Mortgage Life Insurance (VMLI): Must apply before age 70
Veterans Health Care Administration (VHA) PROGRAMS:
• Veterans Health care: No Time Limit
• Combat Veterans Health Care: 5 years from release from active duty.
• Dental Treatment: Within 90 days of separation.
VA Pension And Compensation Programs:
• Disability Compensation: No Time Limit.
• Disability Pension: No Time Limit.
• VA Home Loan Guaranty Program: No Time Limit.
[Source: CFVI Newsletter Jun 08 ++]
ATRIAL FIBRILLATION: This subtle condition can have serious
consequences for your health. Fortunately, diagnosis is easy and
treatment
reduces long-term effects. To understand this condition you need to
know
how the heart works. It has four chambers – two atria on top and two
ventricles below them – that subsequently fill with blood and contract to
circulate blood throughout the body. The timing and sequence of the
contractions are crucial and are controlled by the heart’s own internal
cardiac pacemakers. Normally each chamber contracts about 70 times
am
minute, allowing it to fill with blood and empty, thus moving the blood
efficiently. Atrial fibrillation occurs when the top two
chambers of
the heart flutter or quiver, rather than contracting rhythmically.
These quivers are so fast and erratic that the atria does not have time
to fully fill or empty. This means the ventricles, in turn, cannot
fully fill or pump enough oxygenated blood throughout the body. As
the
heart’s internal pacemakers try to regulate atrial fibrillation, the heart
might beat too quickly or slowly. If too slowly there is not enough
oxygenated blood circulated to meet the body needs and too quickly there
is not enough time for the ventricles to fill between beats causing a
similar reduction in oxygenated blood availability. In addition, if
blood pools in the atria, clots can form and then travel to the brain
causing a stroke.
Though atrial fibrillation can have serious
consequences, for many
people it goes unnoticed for years. A doctor often will recognize
the
irregular irregularity of the atrial fibrillation heartbeat when he or
she takes a patient’s pulse or listens to the heart with a stethoscope
during a physical examination. An EKG will show the altered electrical
pathways and the irregular irregularity of the heart rate and confirm
diagnosis of atrial fibrillation. Treatment depends on many factors.
A doctor will look for predisposing conditions, such as hypoglycemia
(low blood sugar), hypoxia (low oxygen) from lung disease, abnormal
thyroid function, alcohol or drug use, etc. and treat them first. If
the
heart is beating too fast medication such as digoxin or propanolol can be
used to slow ventricular rate. These medications may be needed for
years. If too slow an antrioventicular sequential pacemaker can be
inserted to signal the atria and ventricles so they will contract more
normally and improve circulation and oxygenation. Anticoagulants
such as
aspirin or warfarin can reduce clots and the risk of stroke in chronic
atrial fibrillation. If atrial fibrillation is of relatively recent
onset, the heart is normal, and a patient is otherwise healthy,
cardioversion can be used to electrically shock the heart back to its
normal
rhythm. Although this is the best procedure for some patients, it
has
serious risks and should be considered carefully. Almost 20% of
people over
80 years of age have (or have had) atrial fibrillation. For more
information click on “arrhythmias” on the American Heart Association’s web
site www.americanheart.org. [Source: Military Officer Ask the
Doctor
article Apr 05]
FORGOTTEN MILITARY ORPHANS: There are some statutory and regulatory
problems that adversely effect many of the orphans of deceased military
personnel. The problems are the result of how current Federal laws are
written and thus need Congressional action to fix them.
1. Orphans (the children of a deceased military person) who are not the
children of the deceased and his or her current spouse do not receive
any of the death gratuity (DG).
2. Where there are minor children, but no spouse, the guardian of the
minor child must go into state court and be declared the Guardian of the
Minor’s Estate in order for the Defense Finance and Accounting Service
(DFAS) to pay the DG out.
3. Minor orphans who do not live in the deceased’s household at the
time of death do not usually get commissary and exchange shopping
privilege.
The original purpose of the death gratuity was to off
set extra
expenses that one’s loved ones incur when there is a death and to bridge
the gap between the military pay stopping and the other long term
benefits such as social security, dependency indemnity compensation (DIC),
and survivor’s benefits starting up in a month or two. If one has a
spouse and dies in the military, the DG is directed first to go to the
surviving spouse. This is not a problem if the children of the deceased
are all from the current spouse. The deceased’s children only get the DG
if there is no spouse. It is not uncommon for a deceased serviceman to
have children from relationships with other people. Upon death of the
serviceman the child support these other children are receiving stops.
Thus, they suffer the same income interruption as the spouse but do not
get any stopgap DG payment. A solution would be to change the
current
law at Sec. 1477 (a) (1) to give all the DG to the spouse if the
deceased does not have children fathered or mothered from people other
than
his or her current spouse. If there are children that are not issue from
the current spouse, then the widow or widower gets half the DG and the
deceased’s children from relationships other than with the current
spouse equally share the other half of the DG.
Death Gratuity (DG) money that is paid out for the benefit of
minor
children must be paid into a trust account which usually requires the
hiring of an attorney to set up a “Guardianship of the Child’s Estate”
which is needed for them to set up a trust account at a bank in the
child’s name. DFAS does not recognize the mere fact that the natural
parent or someone else has custody of the child, even if from a divorce or
other legal proceeding. DFAS requires an adult member, usually the
person with physical custody of the minor child, to have a state court
name
them as the guardian of the minor child’s assets/estate. After this is
done, the guardian then must open up a trustee bank account in the
child’s name. Only then will DFAS send a check on the child’s behalf
payable to the child’s trust account. In many cases, this requires the
guardian/trustee to spend $1000 or more in legal fees to get the DG. This
often takes months to do which tends to defeat the original purpose of the
DG, help with immediate expenses. A solution would be for Congress to
add new wording to Title to Title 10 US Code Sections 1475 to 1477
stating the person with physical custody of the minor child would have the
right to go to Legal Aide or the closest military operated legal
assistance office for help. The legal services would include not only
preparing the paperwork, but also appearing in state court if necessary on
that matter.
The minor children of a deceased’s current spouse or
those who
were living in the deceased’s household automatically get full commissary
and exchange privileges. Other orphans only qualify for these two
privileges if they can establish at the time of death that the deceased
was
providing the residence they were living in and over 50% of their
support. This unfairly penalizes the minor children from prior marriages
and
those born out of wedlock. These same children qualify for all other
Federal benefits automatically. A solution would be to change current
Federal law and DoD policies to state that all minor children of deceased
military personnel receive full commissary and exchange privileges.
There would be no need to establish any level of support being provided
prior to the death of the military member. [Source: CDR Wayne Johnson,
JAGC, USN (Ret) 5 Jun 05
wayneljohnson@hotmail.com]
LEGAL RESIDENCY: What follows is aimed at active duty military
personnel who are covered under the Servicemembers Civil Relief Act (SCRA)
of
2003. As to whether their nonmilitary spouses and dependent children
get the same protections; one must look at state law. Most states
allow the family members to maintain the same state of legal residence as
the military spouse, but do not assume this to be so. Check with a
legal assistance office. Under the Act (formerly known as the
Soldiers’
and Sailors’ Civil Relief Act of 1940), a military member’s state of
legal residence (Home State) does not change every time they are
transferred. If one is a legal resident of Ohio when one comes on
full time
active duty, that person stays an Ohio citizen so long as they are on
active duty, even if they spend 20 years on active duty and never step
foot
in Ohio during the who period. This means they stay a legal resident
of their home state for such things as their driver’s license, car
registration, income taxes, personal property taxes, and voting. Even if a
service member no longer has any form of address in their home state,
the member stays a legal resident. In some counties, for voting
purposes, if you no longer have a physical address there the county makes
your
address the local courthouse. This is contrary to what happens to the
average civilian or retiree who gets transferred or moves to another
state since, by operation of law, they become a citizen/legal resident of
the new state.
Another effect of the Act is that a military member may
obtain a
state drivers license and/or register his or her car in the state in
which he or she is assigned under orders. Under the Act doing either
or
both of these things does not automatically make one a legal resident of
the state one is assigned to. You probably know someone who has kept
a state’s plates on their car after transferring to another state even
though they are a legal resident of a third state. The danger is a
person who keeps the plates or license of the host state they had been
residing in after they transfer. Doing so could be used by the host
state
to argue you now owe them income taxes since keeping your license with
them after you left the state shows that you are now a legal resident
of that state. It could also lead to a traffic citation and fine.
Remember, your registration and license can only be from your home state
or where you are currently stationed/residing pursuant to military
orders.
If a military member wants to become a legal resident
of the state
they are physically present in due to PCS orders, they may do so by
avowing that, for the foreseeable future, he or she desires to make that
state their legal residence for the rest of their life. Thus, you
must
have both physical presence and the intent at the same time in order
to make this change. You must also actually be living there for more
than just a few weeks. If one decides to change their legal
residence,
one would do certain things to reflect this change to the rest of the
world. DEFINITE INDICATORS are where one votes and where one files
their
state income tax returns as to one’s military pay if the home state
has a tax. Even if a return is not required, it is frequently a good idea
to file a return and have a paperwork trail reaffirming your state of
legal residence/home state. MAYBE INDICATORS are your driver’s
license
and vehicle registrations. Some states, such as Florida, have a
written affidavit one can file at the local courthouse that attests to a
person becoming a legal resident of that state. If one does that,
get a
few certified copies from the court clerk of the newly filed affidavit
and send one copy to your old home state with your income tax return for
that year so they will know why you have quit filing with them.
Legal residence or Home State is not to be confused
with “Home of
Record” which is a purely military term. Usually they are one in the
same but “Home of Record” cannot be changed during one’s enlistment.
The main purpose of “Home of Record” is that it sets the limit the
distance the government is willing to pay to move you when you get off of
active duty. Retirees, however, get to move anywhere in the country
when
they retire compliments of the military. Retirees do not get the
protections of the Act and must file taxes and do everything else that the
state they are living in requires. Having said that, anyone who is,
or
has been in the military, should check with their state of residence to
see if under state law they are entitled to any perks. Most states
give military, veterans, retirees, and in some cases their family members
some sort of special treatment when it comes to taxes and licenses.
This is particularly true for wounded, disabled, or deceased personnel.
Many states exempt all or part of a military pension from state
income tax. Every state has its own “state” veterans affairs office
which
can provided such information. Do not confuse it with the local
federal
Department of Veterans Affairs office, which is a separate entity.
The SCRA covers other matters The major
areas the SCRA covers
include the stay of legal actions, rent, installment contracts,
mortgages, liens, assignment, leases, life insurance, taxes and public
lands,
powers of attorney, professional liability protection, health
insurance
reinstatement, guarantee of residency for military personnel, and
business or trade obligations. To review the Servicemembers Civil
Relief
Act of 2003refer to
http://www.servicemembers.gov/scratext.htm and
http://legalassistance.law.af.mil/content/legal_assistance/cp/scratext.pdf.
Some useful web sites containing Summaries and "How To" Guides are:
•
http://www.abanet.org/legalservices/lamp/downloads/SCRAguide.pdf.
•
http://www.justice.gov/usao/az/rights/Servicemembers_Civil_Relief_Act.pdf.
•
http://www.abanet.org/family/military/scrajudgesguidecklist.pdf.
•
http://legalassistance.law.af.mil/content/content.php?qrylvl=3&lvl1id=1&lvl1folder=yes&lvl2id=11&lvl2folder=yes
[Source: Cdr Wayne Johnson, JAGC,USN (Ret) MAY 2008
wayneljohnson@hotmail.com
SSA INTERNATIONAL AGREEMENTS: In today's global environment people
often relocate from one country to another, either permanently or on a
limited time basis. This presents challenges to businesses, governments,
and individuals seeking to ensure future benefits or having to deal
with taxation authorities in multiple countries. To that end, the Social
Security Administration has signed treaties, often referred to as
Totalization Agreements, with other social insurance programs in various
foreign countries. Overall, these agreements serve two main purposes.
First, they eliminate dual Social Security taxation, the situation that
occurs when a worker from one country works in another country and is
required to pay Social Security taxes to both countries on the same
earnings. Second, the agreements help fill gaps in benefit protection for
workers who have divided their careers between the United States and
another
country. Normally, non-resident aliens of foreign countries without a
Totalization Agreement are taxed by the U.S. at a rate of 30% on all
income derived in the U.S. To ensure payment the tax is normally withheld
at source from payments forwarded to a SSA beneficiary overseas. The
following countries with effective dates have signed Totalization
agreements with the SSA:
Australia (October 1, 2002)
Austria (November 1, 1991)
Belgium (July 1, 1984)
Canada (August 1, 1984)
Chile (December 1, 2001)
Finland (November 1, 1992)
France (July 1, 1988)
Germany (December 1, 1979)
Greece (September 1, 1994)
Ireland (September 1, 1993)
Italy (November 1, 1978)
Japan (October 1, 2005)
Luxembourg (November 1, 1993)
Netherlands (November 1, 1990)
Norway (July 1, 1984)
Portugal (August 1, 1989)
South Korea (April 1, 2001)
Spain (April 1, 1988)
Sweden (January 1, 1987)
Switzerland (November 1, 1980)
United Kingdom (January 1, 1985)
[Source: Wikipedia Online Encyclopedia 1 Jul 08 ++]
HAVE YOU HEARD: Think what you will of Ronald Regan and his politics
but most cannot dispute the following comments of his regarding our
government:
• 'Here's my strategy on the Cold War: We win, they lose.'
• 'The most terrifying words in the English language are: I'm from the
government and I'm here to help.'
• 'The trouble with our liberal friends is not that they're ignorant;
it's just that they know so much that isn't so.'
• 'Of the four wars in my lifetime, none came about because the U.S.
was too strong.'
• 'I have wondered at times about what the Ten Commandments would have
looked like if Moses had run them through the U.S. Congress.'
• 'The taxpayer: That's someone who works for the federal government
but doesn't have to take the civil service examination.'
• 'Government is like a baby: An alimentary canal with a big appetite
at one end and no sense of responsibility at the other.'
• 'The nearest thing to eternal life we will ever see on this earth is
a government program.'
• 'It has been said that politics is the second oldest profession. I
have learned that it bears a striking resemblance to the first.'
• 'Government's view of the economy could be summed up in a few short
phrases: If it moves, tax it. If it keeps moving, regulate it. And if
it stops moving, subsidize it.'
• 'Politics is not a bad profession. If you succeed, there are many
rewards; if you disgrace yourself, you can always write a book.'
[Source: Words of wisdom by Margaret Gee 2001 ++]
VETERAN LEGISLATION STATUS 13 JUL 08: Refer to the Bulletin’s House
&
Senate attachments for or a listing of Congressional bills of interest
to the veteran community that have been introduced in the 110th
Congress. Support of these bills through cosponsorship by other
legislators
is critical if they are ever going to move through the legislative
process for a floor vote to become law. A good indication on that
likelihood is the number of cosponsors who have signed onto the bill. A
cosponsor is a member of Congress who has joined one or more other members
in
his/her chamber (i.e. House or Senate) to sponsor a bill or amendment.
The member who introduces the bill is considered the sponsor.
Members
subsequently signing on are called cosponsors. Any number of members may
cosponsor a bill in the House or Senate. At
http://thomas.loc.gov you
can also review a copy of each bill’s content, determine its current
status, the committee it has been assigned to, and if your legislator is
a sponsor or cosponsor of it. To determine what bills, amendments
your
representative has sponsored, cosponsored, or dropped sponsorship on
refer to
http://thomas.loc.gov/bss/d110/sponlst.html. The key to
increasing cosponsorship on veteran related bills and subsequent passage
into
law is letting our representatives know of veteran’s feelings on
issues. At the end of some listed bills is a web link that can be
used to
do that. You can also reach his/her Washington via the Capital Operator
direct at (866) 272-6622, (800) 828-0498, or (866)
340-9281 to
express your views. Otherwise, you can locate on
http://thomas.loc.gov who
your representative is and his/her phone number, mailing address, or
email/website to communicate with a message or letter of your own making.
Refer to
http://www.thecapitol.net/FAQ/cong_schedule.html for future
times that you can access your representatives on their home turf.
[Source: RAO Bulletin Attachment 13 Jul 08 ++]
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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