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RAO Bulletin Update
15 May 2008
 
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THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

== VA Burial Benefit [04] ---------- (Private Cemetery Headstone)
== Dave & Buster Data Breach --------- (Cash Register Terminals)
== VA Gulf War Advisory Board ---------------------- (Established)
== Tricare Reimbursement Rates [02] -------------------- (Overseas)
== Tricare/CHAMPUS Fraud [10] --------- (Greenbelt MD $247K)
== VA Suicide Prevention [03] ----- (May Exceed Combat Deaths)
== Medicare Reimbursement Rates [09] ------ (Time Running Out)
== New 2008 Postage Rates [01] -------------- (Retiree FPO Users)
== Women Veterans' Scholarship -------------------- (Apply to RNA)
== Military Stolen Valor [06] ------------------- (LA & Sacramento)
== Merchant Marine WWII Compensation [02] ----- (VA Opposed)
== Agent Orange Lawsuits [12] --------- (Haas vs. Peake Reversed)
== VA Fraud [09] ------------------------- (Lubbock TX/Roanoke VA)
== GI Bill [21] --------------------------------- (S.22 Concerns)
== Tricare Preventive Health Program ------------- (TFL Excluded)
== Vet Support from States ---------------------------- (Sample List)
== PTSD Purple Heart ----------------------- (Needs to be Looked At)
== Oklahoma Vet Homes ------------------ (Locations & Eligibility)
== Long Term Care w/Medicare -------------------------- (Coverage)
== Economic Stimulus Package [06] ------------ (File after 15 APR)
== Debit Card Data Breach ------------------ (Bank Card Skimming)
== VA Emergency Care [01] -------------- (Require vice Authorize)
== Michigan Vet Cemetery ------------ (Ground Breaking OCT 08)
== Credit Card Charges [02] ------------------- (Reform Legislation)
== NDAA 2009 [01] ------------------------ (S.2787 SASC Mark Up)
== VA Lawsuit (Lack of Care) [07] ----- (Judge Doubts Authority)
== AAFES Community Malls -------------------------- (Six Planned)
== VA Veteran Population Estimate -------------- (As of 30 SEP 07)
== VA Home Loan [11] ----------------------------- (H.R.4884)
== Malware ---------------------------------------- (PC Hazard)
== NPRC Online Records Request [01] ------------------- (DD-214)
== Foreclosure Impact on Renters ----------------- (Little Recourse)
== Car Rental Tips ----------------------------- (How to Save Money)
== Caries (Tooth Decay) ------------------------------ (Ramifications)
== Veteran Legislation Status 13 May 08 ------- (Where we Stand)


VA BURIAL BENEFIT UPDATE 04:  The VA has changed the regulation
 concerning the provision of a VA headstone or marker for a grave already
 marked in a private cemetery.  As a result of passage of the Dr. James Allen
 Veteran Vision Equity Act of 2007, the VA can now provide a headstone
 or marker for those graves already marked in a private cemetery for
 those Veterans who died after 1 NOV 90.  The claimant must pay the cost of
 the installation of the Government headstone or marker in a private
 cemetery. Details of the new regulation can be read at
 http://edocket.access.gpo.gov/2008/E8-10635.htm .  [Source: VFW VSO
 Richard Springer 13 May 08 ++]


DAVE & BUSTER DATA BREACH:   Foreign hackers have compromised cash
 register terminals at 11 Dave & Buster's restaurants around the United
 States. The scheme resulted in losses of some $600,000. The hackers were
 arrested in various locations, including Turkey and Germany. They sold
 the stolen data to others who used it to make fraudulent purchases or
 resold it to make such purchases. In announcing the arrests, U.S. Attorney
 Benton J. Campbell said, “Hackers who reach into our country from
 abroad will find no refuge from the reach of U.S. criminal justice.”
 According to the U.S. Department of Justice, the people arrested gained
 unauthorized access to cash register terminals, though details on how were
 not specified. They allegedly installed “packet sniffer" programs at
 each restaurant to capture communications on the Dave & Buster's link. The
 packet sniffer was configured to capture "track two" data as it moved
 from each restaurant's point-of-sale server to computer systems at the
 company's corporate headquarters. Track two data includes a customer's
 credit card account number and expiration date, but not cardholder
 names or other personally identifiable information. [Source:  SC Magazine
 Chuck Miller article May 08 ++]


VA GULF WAR ADVISORY BOARD:   Veterans who served in the Southwest Asia
 theater of operations during 1990–1991 will have their own special
 advocates before Secretary of Veterans Affairs Dr. James B. Peake, thanks
 to a new advisory committee Peake established to respond to issues
 unique to them.  The 14-member, independent panel will advise the Secretary
 and the Department of Veterans Affairs on the full range of health
 care and benefits needs of those who served in the conflict. “Gulf War
 veterans made an invaluable contribution to national security and peace in
 a volatile region,” Peake said. “This new panel will ensure that VA
 benefits and programs adapt to the needs of these veterans, just as our
 services have adapted for veterans of other conflicts.” Serving on the
 committee are Gulf War and other veterans, veterans service
 organizations’ representatives, medical experts, and the survivors of Gulf War
 veterans.  Members were selected to provide a variety of perspectives,
 experiences and expertise. The committee will be chaired by Charles Cragin,
 a retired Navy captain, who has had several senior level positions
 within the federal government, including Acting Under Secretary of Defense
 for Personnel and Readiness and Chairman of VA’s Board of Veterans
 Appeals. In January 2002, the Department created an advisory committee to
 assist VA’s secretary on research into the medical problems of Gulf War
 veterans.  That older committee will retain responsibility for
 research involving veterans of the 1990-1991 conflict in the Middle East .This
 committee’s first meeting will be held in mid-June in Washington, D.C.
   It is expected to complete its work within 18 months.  Committee
 meetings will be open to the public. [Source: VA News Release 13 May 08
 ++]


TRICARE REIMBURSEMENT RATES UPDATE 02:  Every year, the federal
 government tweaks the elaborate system that determines the amount doctors get
 paid for care and procedures, known as “reimbursement rates”.  Those
 changes, in turn, translate into changes in cost shares, or co-pays, for
 Tricare beneficiaries. Payment for inpatient hospital stays in
 specified locations outside the 50 United States and the District of Columbia,
 are made utilizing the lesser of (a) billed charges or (b) the
 prospectively determined per diems adjusted by a country specific index (CSI).
 The per diem rates are developed into reimbursement groupings by
 utilizing diagnosis codes as contained in the International Classification of
 Diseases, 9th Revision, and Clinical Modification (ICD-9-CM). The per
 diem rates are the maximum allowable amounts that Tricare shall
 reimburse and the amount on which patient cost-shares are calculated. The
 National U.S. per diem rate is multiplied by a unique CSI factor which
 adjusts the National U.S. per diems for the applicable country. The country
 specific hospital per diem, for those specified locations outside the
 50 United States and the District of Columbia is the product of the
 National U.S. per diem and the CSI.  This payment system applies to all
 hospitals providing hospital inpatient services and professional provider
 reimbursements in the Philippines, Panama, and other overseas areas as
 designated by the Government.

     The CSI is a factor obtained from the World Bank’s International
 Comparison Program. The index factor is based on a large array of goods
 and services or market basket within the specific country which is then
 standardized and weighted to a U.S. standard and currency. The use of
 the CSI enables a conversion and therefore creates parity between the
 U.S. and the specific country in the purchasing of the same amount and
 type of medical services. Tricare is utilizing a two year phase in
 approach for the implementation of the World Bank’s International Comparison
 Program CSI.  Per change 77 dated 7 APR 08 to the Tricare
 Reimbursement Manuel for the Philippines and Panama, the first year  of the CSI
 phase in  has been set at 0.52 and 0.70 through 28 FEB 08. The second year
 of the CSI phase in has been set at 0.229 for the Philippines and 0.60
 for Panama effective 1 MAR 09.  However, their is a requirement that
 all providers that submit bills to Tricare and are effected by the
 changes must be given at least 100 days notice so it is likely that the
 changes will not take effect until AUG 08 and AUG 09 respectively. The
 change equates to a 27.1point  index reduction (52%) for the Philippines
 and a 10 point  index reduction (15%) for Panama assuming nothing is done
  to reverse these reductions.  For additional info refer to
 http://manuals.tricare.osd.mil.  [Source: Tricare Reimbursement Manual
 6010.55-M w/Change 77 Chap 1 Sect 34 & 35dtd 7 Apr 08 ++]


TRICARE/CHAMPUS FRAUD UPDATE 10:   United States Attorney for the
 District of Maryland Rod J. Rosenstein announced 9 MAY that Melvin Shandler,
 age 61, of Chevy Chase MD, pleaded guilty today to committing health
 care fraud arising out of reimbursement he sought for medical services
 not rendered.  According to the plea agreement, Shandler was a licensed
 clinical social worker with a private counseling practice in Chevy
 Chase. He was also formerly employed as a consultant at the Walter Reed
 Army Medical Center where he practiced social work. From JUN 03 to MAY 07,
 he submitted claims to Tricare for counseling services he provided to
 Tricare members. During a review of claims, Tricare auditors detected
 he billed 250% more services than the second highest billing provider in
 the Tricare North Region in 2006. At their peak, his billings averaged
 up to 24 counseling sessions per day, and he billed for services on
 Labor Day, Independence Day and Christmas Day. Further investigation
 revealed that Shandler’s claims were disproportionately high, either
 because he requested compensation for services that were never performed, or
 inflated the amount of time he spent with patients. In the case of one
 family, he submitted claims for 202 services during a one year period
 from 2006 to 2007 that he never performed.  As a result of his over
 billing he received $247,000 to which he was not entitled. Shandler faces a
 maximum sentence of 10 years in prison, followed by three years of
 supervised release and a $250,000 fine. U.S. District Judge Roger W. Titus
 has scheduled sentencing for 28 JUL 08. As part of his plea agreement,
 he has agreed to pay $247,000 in restitution at least five days before
 his sentencing. He has also signed a civil settlement agreement which
 obligates him to pay the government $444,600, less the deduction for
 the amount paid in criminal restitution.  [Source: DOJ News Release 9 May
 08 ++]


VA SUICIDE PREVENTION UPDATE 03:   Suicides by veterans of wars in Iraq
 and Afghanistan could well top the combat deaths in the two conflicts,
 according to the top official of National Institute of Mental Health.
 On 5 MAY, Dr. Thomas Insel, director of the National Institute of
 Mental Health, told reporters at an annual meeting of the American
 Psychiatric Association in Washington that it was possible that "suicides and
 psychiatric mortality...could trump combat deaths." Insel said he based
 this assessment in part on figures from a recent Rand Corp. study as
 well as suicide rates for patients who have substance abuse problems and
 other complications of post-traumatic stress disorder (PTSD) as a result
 of combat. Insel's comments were put in context on 6 MAY during a
 House Veterans Affairs Committee hearing, when Dr. James Peake, secretary
 of VA, said that the number of suicide attempts by all veterans under
 treatment by the department could exceed an earlier official estimate of
 1,000 a month. The Defense Department estimates that slightly more than
 4,500 troops have been killed in combat in Afghanistan and Iraq. The
 RAND study determined that up to 300,000 returning U.S. troops from
 those wars suffer from PTSD. The same study concluded that 320,000 troops
 returning from Afghanistan and Iraq have suffered traumatic brain injury
 (TBI), with only half of those veterans seeking treatment.

     During the hearing, Peake told lawmakers that the number of
 suicide attempts could be more than 1,000 a month because of "underreporting"
 within the VA. Dr. Ira Katz, deputy chief patient care services
 officer for mental health at the Veterans Health Administration, testified
 that his earlier estimate of 1,000 suicide attempts per was based on only
 three months of data from the department's mental health
 co-coordinators. Laurie Tranter, a VA spokeswoman, told Government Executive that
 the data Katz based his earlier estimate on was derived from a suicide
 tracking system and suicide prevention program. She said both are at
 various stages of deployment throughout the Veterans Health Administration.
 Rep. Bob Filner (D-CA), chairman of the House Veterans Affairs
 Committee accused Peake of "criminal negligence" in trying to cover up the
 number of suicide attempts by veterans. He said the VA's actions fit a
 pattern of trying to cover up or deny serious medical problems suffered by
 veterans from the Korean, Vietnam and Gulf Wars. Peake said that all
 veterans from Afghanistan and Iraq receive a mental health screening by
 a general practitioner. Filner said he wants VA and Defense to provide
 a mandatory, one-hour mental health check-up conducted by a
 psychiatrist for all combat veterans.

     Secretary Peake told the Committee that no single agency has
 accurate statistics on veteran suicides, but he is implementing ways to
 improve data collection and reduce suicide rates, including hiring suicide
 coordinators in VA facilities, establishing a suicide prevention call
 center, and pushing outreach and prevention efforts for veterans and
 their families. Peake assured the committee that his agency would be more
 forthcoming with information in the future and would work toward more
 transparency in the VA system. A Government Accountability Office
 offered additional recommendations, including:
• Ensuring timelier referral to care.
• Developing a comprehensive substance abuse program.
• Enhancing access to mental health care.
• Coordinating efforts between VA and non-VA health care providers.
• Fostering increased communication with veterans and their families
[Source: GOV.EXEC.com BoB Brewin article 6 May 08 ++]


MEDICARE REIMBURSEMENT RATES UPDATE 09:   Everyone in Congress wants to
 stop a 10.6% cut in Medicare and TRICARE payments to doctors scheduled
 to take place on July 1. Medicare administrators don't want the cut to
 happen either, but they're worried about how to administer the program
 if Congress waits until the end of June -- or worse yet, until
 sometime in July or later -- to change the law. In early MAY Medicare
 officials told Congress that the law needs to be changed by 16 JUN in order to
 allow Medicare computers to be reprogrammed by 1 JUL. If they don't get
 updated guidance by that date, Medicare will have to implement the cut
 on 1 JUL and undo all the erroneous payments later if and when
 Congress changes the law. The same thing happened a couple of years ago, when
 Congress had to make a retroactive payment fix.  But it's a nightmare
 for Medicare (and TRICARE) administrators, and even more so for the
 doctors who have to suffer the income and book-keeping consequences.
 Veteran organizations worry that such frustration may cause some doctors to
 stop seeing elderly and military beneficiaries. The American Medical
 Association released a survey of nearly 9,000 doctors showing that if the
 payment cut went into effect:
• 60% of doctors would limit the number of new Medicare patients they
 accept;
• More than two-thirds would defer the purchase of needed information
 technology in 2008;
• 50% would reduce their staff; and
• 14% would stop treating patients entirely.

Congressional leaders would love nothing better than to meet the 16 JUN
 deadline, but they're struggling to find ways to pay for the $15-$18
 billion cost of the fix that a majority of legislators are willing to
 accept. Like it or not, that's turned into a political football, with
 Republicans and Democrats preferring different options. And many on the
 Hill seem in no mood to compromise in this election year. MOAA said, it's
 unacceptable to hold TRICARE and Medicare-eligibles' access to care
 hostage to these kinds of political considerations.  Congressional
 leaders need to work out a compromise -- and fast -- to stop that from
 happening. Veterans can help by visiting the MOAA or USDR websites
 http://capwiz.com/moaa/issues/alert/?alertid=10534466  &
 http://capwiz.com/usdr/issues/alert/?alertid=11354701&queueid=[capwiz:queue_id]
 to send a suggested message to urge their legislators to act fast.
  [Source:  MOAA Legislative Update 11 May 08 ++]


NEW 2008 POSTAGE RATES UPDATE 01:  Effective 12 MAY the new postage
 rates go into effect.  If in doubt on how much postage to use refer to the
 below or to the USPS Postage Calculator at
 http://postcalc.usps.gov/default.aspx:

1.  First Class Mail:
Not Over Oz    Large envelopes
1     $0.42            $0.83
2       0.59              1.00
3       0.76              1.17
3.5    0.93              1.34
4       1.34              1.34
5       1.51              1.51
6       1.68              1.68
7       1.85              1.85
8       2.02              2.02
9       2.19              2.19
10     2.36              2.36
11     2.53              2.53
12     2.70              2.70
13     2.87              2.87
Over 13 oz use Priority mail rate of $4.60 up to 1 pound or $4.60 for a
 Priority flat rate envelop regardless of weight.  FPO regulations
 limit outgoing/incoming mail to one pound for retiree mail .  No packages
 other than checkbook, personal cassettes, personal VCR/DVDs, or medicine
 shipped by TMOP.

2.  Post Card:  $0.27
3.  Certified Mail: In addition to regular postage add $2.70.  If
 return receipt is desired add another $2.20 for mailed return or $1.00 for
 electronic.
4.  Registered Mail:  Not authorized for RAO services. 
[Source:  Various May 08]


WOMEN VETERANS' SCHOLARSHIP:   Royal Neighbors of America (RNA) is
 announcing their Heroes at Home Women Veterans' Scholarship Program. Their
 goal is to help our female veterans give back to their communities by
 reaching their education goals, making them stronger women and stronger
 community leaders as a result. Awards will be presented at the Student
 Veteran’s Conference in Washington, DC on 13 JUN 08 for 2009 school
 year funding. The minimum award amount is $2,500. Multiple awards will be
 made. Eligibility Criteria is:
• Female Veteran
• Open to enlisted, officers and those who have completed their service
 
• Money can be used to pay for living expenses, as well as tuition,
 books and school fees
• You do NOT need to be a member of Royal Neighbors of America to be
 eligible

Scholarship recipients are selected on the basis of demonstrated
 leadership, participation in community activities, goals and aspirations, and
 unusual personal or family circumstances. Financial need will also be
 considered. Applicants are responsible for gathering and submitting all
 necessary information. Applications are evaluated on the information
 supplied; therefore, it is important to answer all questions as
 completely as possible. All information that is submitted will be kept in
 strict confidence and will only be read by the Foundation Scholarship Review
 Committee and Executive Director of the Student Veterans Association.
 All personal records and tax information will be shredded and destroyed
 immediately after the judging is final.  Interested students must
 submit the application by 1 JUN 08. Applications can be downloaded at 
 http://www.royalneighbors.org/About-RNA/RNA-Foundation.aspx. RNA is
 accepting applications via mail to 230 16th St, Rock Island IL 61201 Tel:
 (800) 627-4762  or email contact@royalneighbors.org.  [Source:
 www.royalneighbors.org/ May 08 ++]


MILITARY STOLEN VALOR UPDATE 06:  A man who lied during a public
 meeting about being awarded the nation’s highest military honor pleaded
 guilty 5 APR to violating the Stolen Valor Act of 2005. Xavier Alvarez, 50,
 of Pomona, said he served as a Marine and won the Medal of Honor when
 he was introduced as a newly elected member of a Claremont water board
 in JUL 07. “I’m a retired Marine of 25 years. I retired in the year
 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got
 wounded many times by the same guy. I’m still around,” Alvarez said
 during the meeting, according to a recording of it. His attorney, Deputy
 Federal Public Defender Brianna Fuller, argued that his free speech was
 protected by the First Amendment. Government prosecutors argued that the
 First Amendment does not protect deliberate falsehoods. His plea with
 the U.S. Attorney’s Office gives Alvarez the right to appeal the plea
 based on his right to free speech. Alvarez faces up to one year in
 federal prison and a $100,000 fine when he is sentenced 21 JUL.

     An Oroville CA man has pleaded guilty to falsely representing
 himself as a decorated military hero from the Vietnam War. Michael Allan
 Fraser, 62, claimed in an interview with the Oroville Mercury-Register
 last year that he was awarded two Purple Hearts and two Bronze Stars for
 combat in Vietnam. He also traveled to Vietnam with war veterans on a
 mission to “bury the ghosts of the past.” But a Colorado man who helped
 write the Stolen Valor Act, which was signed into law by President Bush
 in 2006, noticed problems with Fraser’s daring tale of valor. He
 looked up Fraser’s record and found that he had served in the military as a
 veterinarian’s assistant in the Philippines. U.S. Magistrate Judge
 Edmund F. Brennan sentenced Fraser this week to 100 hours of community
 service helping veterans and issued a $500 fine.   

     A Navy Reserve public affairs officer is facing a general
 court-martial next week for allegedly forging an award citation and pretending
 to be a lieutenant when he was one rank lower at the time, the Navy
 said. Lt. Paul J. Pelletier, 42, is charged with five counts of violating
 the Uniform Code of Military Justice, including failure to obey an
 order or regulation, making false official statements and going absent
 without leave. His court-martial is set to begin 13 MAY. According to the
 charge sheet, Pelletier put himself in for a Joint Service Achievement
 Medal at some point between 20 JUN and 20 JUL 06 while serving with
 Multi-National Force in Baghdad. He served at Camp Victory in Iraq for nine
 months in 2006. The award justification “outlined achievements he had
 not accomplished,” the sheet said. Around the same time, he wore the
 rank of lieutenant when he was actually a lieutenant junior grade, the
 sheet said. He continued to wear the unauthorized rank, the charge sheet
 stated, even though he had been ordered by a captain to stop.
[Source: AP articles posted 6 & 9 May 08 ++]


MERCHANT MARINE WWII COMPENSATION UPDATE 02:   On 7 MAY, the Senate
 Veterans' Affairs Committee met to receive testimony on 28 separate
 veterans’ bills.  One area of testimony of great interest to many veterans
 was enactment of the "Belated Thank You to the Merchant Mariners of World
 War II Act (S.961/H.R.23).  The VA does not support S. 961 as they
 believe it would create a "service pension for a particular class of
 individual based on no eligibility requirement other than a valid
 certificate of qualifying service from the Secretary of Transportation or
 Secretary of Defense.  Further, this bill would authorize the payment of a
 greater benefit to a Merchant Mariner...than a veteran currently receives
 for a service connected disability rated as 60% disabled.  The second
 panel of veterans service organizations, for the most part did not
 object to S. 961, except for the costs involved and that it might take money
 from other programs.  The final panel of former Merchant Mariners H.
 Gerald Starnes and Charles Dana Gibson was enlightening in expanding on
 some of the experiences and exploits of the men who transported all the
 necessary supplies to fight WW II on two fronts.  The most surprising
 testimony was from Mr. Gibson, who as an historical writer had done
 extensive research on the Merchant Marine and Army Transport Service
 during the war.  He dispelled one of the myths that the Merchant Marine had
 gone on strike during the war.  In fact they had signed an agreement to
 not strike while hostilities continued and they didn't.  To read the
 complete testimonies of all the participants refer to
 http://www.senate.gov/~veterans/public/index.cfm?pageid=12&release_id=11685
 [Source: NAUS Weekly Update 9 May 08 ++]


AGENT ORANGE LAWSUITS UPDATE 12:    On 8 MAY the U.S. Court of Appeals
 for the Federal Circuit unfortunately reversed the decision of the U.S.
 Court of Appeals for Veterans Claims in Haas v. Peake.  The U.S. Court
 of Appeals for Veterans Claims had previously found that Vietnam War
 blue water veterans who had served on ships off the coast of Vietnam but
 had never set foot within the land borders of Vietnam were entitled to
 a presumption of service connection disability if they suffer from one
 of the listed diseases associated with Agent Orange exposure. Also,
 they had ruled that the VA’s regulatory interpretation that the veteran
 needed to have “set foot within the land borders of Vietnam” was unduly
 restrictive. The higher Court of Appeals for the Federal Circuit
 reversed and ruled: “We hold that the agency’s requirement that a claimant
 have been present within the land borders of Vietnam at some point in the
 course of his duty constitutes a permissible interpretation of the
 statute and its implementing regulation, and we therefore reverse the
 judgment of the Veterans Court.” This was a 2-1 decision with a thoughtful
 dissent by Judge Fogel so the Claimant may attempt to appeal to the
 U.S. Supreme Court which Commandeer Haas has said he will do. You can find
 the full 57 page decision in the list of decisions at
 http://www.cafc.uscourts.gov/dailylog.html 

     Most likely VA will now move quickly to resolve (decide) claims
 that have been placed on hold awaiting this decision.  These claims will
 almost certainly be denied unless they can show that their ship
 operated within the inland waterways of Vietnam or entered port in Vietnam. 
 While ships logs do not routinely show crewmembers leaving their ship,
 they will show whether the ship entered an inland waterway (e.g. the
 Saigon River) or put into port.  VA will generally concede the issue if
 service records show a veteran was attached to a ship during the period
 that the ship put into port in Vietnam. The negative decision in the
 Haas case does not relieve VA from the responsibility of making a legally
 correct decision that discusses all pertinent evidence and the reasons
 and bases for the decision. The VA in their written decision should
 specifically address the evidence of service in or visitation to Vietnam.
  They must discuss ships ' movements either shown by ships' history or
 logs.  If the veteran has admitted never setting foot in Vietnam, VA
 must also discuss whether evidence shows that the ship operated in the
 inland waterways of Vietnam.

     The Haas decision does not apply if a claimant has alleged
 exposure to herbicides on a direct basis, such as loading drums of defoliant
 on board helicopters or decontaminating aircraft or helicopters, VA must
 discuss such allegations and resolve them.  Claimants who are denied
 have several legal moves available to them.  They can ask the Court of
 Appeals to review the case using all the judges on the Court.  While the
 Court may decide to conduct an en banc review it doe not have to.
  Failing that, they could appeal to the Supreme Court.  During any given
 year the Supreme Court takes up only about 1 in 20 cases to decide.
  Success at the Supreme Court is a long shot. [Source:  TREA Washington
 Update & NVS Update 9 May 08 ++]


VA FRAUD UPDATE 09:  The U.S. Attorney's Office said 7 MAY that Lubbock
 TX man has been sentenced to five years in prison for cashing his dead
 mother's Veterans Administration checks for nearly two year after she
 died in 2004.  Lyndell Simmons, 46, pleaded guilty in January to a
 charge of theft of government money or property. Besides prison time,
 Simmons must pay $21,529 in restitution to the Department of Veterans
 Affairs, prosecutors said in a release. Louise Simmons was a beneficiary of
 VA dependency and indemnity compensation benefits. An investigation
 started in MAR 07 after a complaint alleged that Louise Simmons had not
 returned a marital status questionnaire. Investigators discovered she had
 died on 10 NOV 04. The younger Simmons forged her signature on about 22
 checks made out to his mother and cashed them from DEC 04 to MAR 07,
 prosecutors said.

     A jury in Virginia found Army veteran Randall Moneymaker "guilty
 of fabricating his service record and lying about his achievements and
 combat injuries to scam more than $18,000 in disability benefits from
 the Department of Veterans Affairs." Craig Jacobsen, the assistant U.S.
 attorney for the Western District of Virginia, said Moneymaker used
 'different levels of deceit' against not only combat veterans but service
 members who are wounded in the line of duty.  In the six-month period
 ending 31 MAR, the VA Inspector General's Office investigations resulted
 in nine indictments against people who tried to scam the system for
 medical and/or monetary benefits, said James O'Neill, assistant inspector
 general for investigations. The report at
 www.armytimes.com/news/2008/05/army_moneymaker_051008w   details the case against Moneymaker, who
 faces up to 35 years in federal prison. [Source: Houston Chronicle AP &
 Army Times article 6 & 9 May 08 ++]


GI BILL UPDATE 21:   The Department of Veterans Affairs seemed to be
 standing in front of a fast-moving train 7 MAY when a top official said
 VA would need two years of preparation to come up with a payment system
 for a proposed overhaul of GI Bill education benefits. The warning
 flags were waved by Keith Pedigo, VA’s associate deputy undersecretary for
 policy and program management, who said meeting an 1 AUG 09, effective
 date for the benefits increases, under what lawmakers are calling the
 21st Century GI Bill of Rights (S.22), would be extremely difficult.
 Because the proposal calls for the maximum benefit to be different in each
 state, payments would have to be manually, rather than automatically,
 processed, Pedigo said. “VA does not now have a payment system or the
 appropriate number of trained personnel to administer the program,”
 Pedigo said, predicting it would take two years to develop a payment system
 to provide the new benefits. Those benefits include paying the full
 cost of tuition and fees for the most expensive four-year public college
 or university in each state, plus a monthly living expense, an annual
 payment for books and other expenses, as well as up to $1,200 for
 tutorial assistance. Pedigo, testifying before the Senate Veterans’ Affairs
 Committee, also warned about the potential for large overpayments
 because the bill calls for lump-sum tuition payments directly to a school at
 the start of a quarter or semester, without specifying what would
 happen if a student drops out. Pedigo also warned of fundamental unfairness
 in a proposed housing allowance that would be based on where a school
 is located, rather than where a student lives, which could encourage
 veterans to enroll in online learning programs offered by schools in
 high-cost areas.

     His warnings come as the House and Senate are poised to attach
 S.22 to a wartime supplemental funding bill in an effort to overcome
 questions about how to pay for the benefits and the administrative costs.
 Attaching S.22 to the wartime funding bill also would put pressure on the
 Bush administration to sign onto a generous overhaul of veterans
 benefits in order to secure funding to continue military operations in Iraq
 and Afghanistan. Congressional leaders derive an additional benefit
 from attaching the GI Bill increases to the supplemental — it would
 attract more votes for the measure at a time when many lawmakers are
 reluctant to continue funding Iraq operations. The Pentagon, VA and the White
 House’s Office of Management and Budget oppose S.22, either as a
 separate bill or combined with the supplemental. But Bush administration
 opposition — and VA’s warning about implementation problems — do not seem to
 counter the growing push from veterans’ groups to pass what Sen. Jim
 Webb (D-VA), S.22’s chief sponsor, calls a move to “give first-class
 futures to the people who serve.”

     The Congressional Budget Office (CBO), the nonpartisan analytical
 arm of Congress, said in a report 8 MAY that enactment of S.22 could
 lead to a 16% drop in re-enlistments.  The Defense Department could
 counter that drop only by increasing re-enlistment bonuses. Fully offsetting
 the draw of a better veterans’ education program would require a
 $25,000 re-enlistment bonus for every first-term service member, something
 that would cost the Pentagon about $6.7 billion over five years.
 However, that cost would be offset by lower recruiting costs, the report
 predicts. It estimates there would be a 16 percent boost in recruits, which
 would allow a cut in enlistment bonuses and in other recruiting
 expenses that would result in $5.6 billion in savings over five years. The
 combination of better recruiting but weaker re-enlistments would leave the
 military with a $1.1 billion cost over five years to maintain the
 current force, the report said. Overall, CBO’s cost estimate is slightly
 lower than the estimated price tag issued by the Bush administration.
 Congressional budget analysts predict S.22 would have an overall cost of
 $680 million in the first full year and $51.8 billion over 10 years. VA
 officials told the Senate Veterans’ Affairs Committee on Wednesday that
 the proposal would cost $64.9 billion over 10 years. Currently, 75% of
 Army, 70% of Marine, 50% of Navy and 49% of Air Force enlistees who
 complete their first enlistment term get out of the military,

     The House of Representatives could pass a war supplemental soon
 that includes Webb’s GI Bill proposal, and the Senate plans to take up
 the bill when they do. In the Senate, Republicans are expected to offer
 their alternative bill, the Enhancement of Recruitment, Retention and
 Readjustment through Education Act (S.2983), that pays a little less to
 veterans and includes a Pentagon-requested provision that would allow
 career service members to transfer all or part of their benefits to
 family members, but they do not appear to have the votes to block S.22,
 which has 57 Senate co-sponsors, including 10 Republicans. Veterans’
 groups, who have been pushing for years for an overhaul of the current
 Montgomery GI Bill, have picked Webb’s bill as their favorite. Carl Blake,
 national legislative director for Paralyzed Veterans of America, told the
 Senate committee that S.22 is better because it “accomplishes our goal
 of returning the GI Bill to the level established following World War
 II.” Blake also objected to Pentagon criticism that better GI Bill
 benefits, designed to encourage people to go to college, are bad for the
 nation.  [Source: AirForceTimes Rick Maze articles posted 8 & 9 May 08
 ++] 


TRICARE PREVENTIVE HEALTH PROGRAM:   Budgetary rules forced a House
 subcommittee to take the unprecedented step of creating a new Tricare
 preventive health care program that does not apply to 1.5 million
 Medicare-eligible retirees and their families in the Tricare for Life (TFL)
 program. Rep. Susan Davis (D-CA), chairwoman of the House Armed Services
 military personnel panel, said the plan, approved 7 APR as part of the
 2009 defense authorization bill, is aimed at cutting the military’s
 long-term health care costs by providing preventive care. The personnel
 portion of the defense policy bill, approved by voice vote and with no
 debate, includes:
• A 3.9 percent military pay raise.
• Increases in Army and Marine Corps active-duty personnel and in Army
 National Guard and Army Reserve support personnel on full-time active
 duty.
• A tuition assistance program for military spouses.
• Permission for a Pentagon-proposed experiment under which active-duty
 members could take a break of up to three years in their military
 career.

     Davis said her subcommittee rejected a Pentagon request for a $1.2
 billion increase in Tricare health and pharmacy fees but wants to look
 for other ways to hold down costs, which is why expanding preventive
 care is attractive. She called the initiative “preferable” to the
 Pentagon’s proposed increase in Tricare fees. The preventive care plan would
 waive co-payments for certain treatments such as vaccinations, smoking
 cessation help, and breast and colorectal cancer screening. It would
 apply to Tricare Standard, Tricare Select and Tricare Reserve
 beneficiaries — but, because of budgetary procedures, not TFL. Aides named two
 areas in which TFL beneficiaries would be treated differently than other
 Tricare users: shingle vaccinations and MRIs for mammograms. Younger
 retirees would receive these services for free, but TFL users would have
 to pay, either directly or by buying supplemental Medicare insurance,
 aides said. Rep. John McHugh of New York, the subcommittee’ s ranking
 Republican, said this would be the first instance of differences in what
 is covered under Tricare, and also promised to work to try to find
 funding to offset that action.

     There are two kinds of spending in the defense budget:
 discretionary, which applies to personnel, operating and acquisitions costs and
 construction programs; and mandatory, also known as direct spending, for
 programs such as retired pay, GI Bill benefits for reservists, and some
 health care expenses, including TFL. Davis said only congressional
 leaders can resolve the funding problem because direct spending involves
 programs such as Social Security, Medicare, Medicaid and federal
 civilian retired pay that fall outside the jurisdiction of the armed services
 committee. Congressional leaders could agree to an offset by cutting
 other direct spending or could find another way to fund preventive care,
 subcommittee aides said. Steve Strobridge, government relations
 director for the Military Officers Association of America, said he understands
 the dilemma facing the subcommittee and agrees that what they did “is
 certainly preferable to not doing anything.” “We have been very
 supportive of preventive care programs,” he said. “It only makes common sense
 that if you come up with programs like smoking cessation that it is
 going to save money in the long run.”  [Source: NavyTimes Rick Maze
 article Posted 7 May 08 ++]


VET SUPPORT FROM STATES:   May is National Military Appreciation
 Month—a time to honor, appreciate, and remember military personnel and their
 families for their service to our country.  It recognizes those on
 active duty, the National Guard and Reserves, retirees, veterans and all
 their families and survivors.  Although the listing below is not all
 inclusive of state benefits available to veterans , it does indicate how
 many states show appreciation to the military in unique ways:
• Alabama. Operation Grateful Heart is a program to ensure all military
 personnel and their families receive appropriate recognition, tangible
 support, and neighborly care. It is focused on assisting those who are
 called upon to serve in the fight against terrorism and the defense of
 freedom, while they are serving on active duty and upon their return
 to communities in Alabama.  http://www.governor.state.al.us/ogh/
• Alaska. Spouses and dependent children of a military member who is
 deceased or a POW/MIA may qualify for free tuition for the pursuit of an
 undergraduate degree at any state-supported educational institution
 within the state.
http://www.ak-prepared.com/vetaffairs/state_benefits.htm#Free%20Tuition
• Arizona. Military retirement payments and/or survivor benefits up to
 $2,500 per year are exempt from state taxes.
 http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/AZ/
• Arkansas. Veterans may camp for half price in Arkansas State Parks.
• California. Education benefits are offered to dependents of qualified
 veterans by waiving mandatory system-wide tuition and fees at any
 State of California Community College, California State University, or
 University of California campus.
 www.military.com/benefits/veteran-benefits/california-state-veterans-benefits
• Colorado. Museum of Science and Nature gives free Museum admission to
 all active and retired military and their spouses, parents, siblings
 and children (18 and under).
• Connecticut. Tuition waivers for veterans cover 100% of tuition for
 General Fund courses at all public colleges and universities and 50% for
 Extension Fund and summer courses at Connecticut State Universities.
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/CT/
• Delaware. Military members, while stationed in the state, may obtain
 fishing, hunting, or trapping licenses at the resident rate, regardless
 of residency status.
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/DE/
• Florida. Several counties have established Active Military Combat
 Duty Grant Programs. The grant programs, which include property tax grants
 and direct grants, are designed to assist service members who are
 fighting in the Global War on Terrorism.
• Georgia. Military personnel stationed in Georgia are allowed to
 obtain fishing and hunting licenses at the resident rate.
 www.georgiaoutdoors.com/fishing/freshnonresident.asp
• Hawaii. Most businesses, museums, tourist attractions and restaurants
 that offer a kama' aina [discounted] rate to Hawaii residents extend
 the same privilege to military and their dependents. 
• Idaho. Air Force Appreciation Day is celebrated every year, to
 encourage neighborly growth and express their gratitude for the economic
 benefits the Air Force brings to Southern Idaho.
  www.mountain-home.org/chamber/afad/index.htm
• Illinois. The Illinois Military Family Relief Fund (IMFRF) provides
 monetary grants to families of Illinois National Guard members and
 Illinois residents serving in the U.S. Armed Forces Reserves.
  www.operationhomefront.org/Benefits/benefits_fund.shtml
• Indiana. Members of the Indiana National Guard have 100% of their
 tuition paid when attending state colleges or universities for a first
 Associates or Bachelors degree.
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/IN/
• Iowa. Certain National Guard members and retirees are eligible for
 property tax exemptions.
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/IA/
• Kansas. The University of Kansas, in conjunction with the Army, has
 created the "Wounded Warrior Education Initiative" which allows wounded
 service members meeting the criteria to obtain a master’s degree.
  www.military.com/military-report/kansas-offers-wounded-warrior-education
• Kentucky. The Kentucky Military Family Assistance Trust Fund will
 provide up to $5,000 in a 12-month period for emergencies and hardships
 that are directly caused by deployment outside the United States.
  www.dma.ky.gov/Military+Family+Assistance+Trust+Fund.htm
• Louisiana. Members of the United States Armed Forces on active duty
 are given resident privileges for fishing and hunting licenses.
• Maine. The Maine Military Family Relief Fund provides emergency
 assistance to qualified military members and dependents.
• http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/ME/
• Maryland. Its “Salute to the Services” offers discounts to those who
 serve our country. Service members are invited to visit Ocean City,
 Maryland from May 17th to June 18th, 2008. Everything from lodging and
 dining and other activities are discounted as a way to say "Thank You" to
 those serving their country. Maryland also exempts the first $5,000 of
 military retired pay from MD State and local income taxes.
 www.salutetotheservices.com/index.php
• Massachusetts. Citizens of Massachusetts who are members of the
 National Guard (or any Reserve component) are eligible to receive monetary
 donations from The Friends of National Guard and Reserve Families
 Foundation to help ease financial hardship due to activation or extended
 military commitment. http://www.mangfriends.org/index.html.  Military
 retired pay is not taxed.
 http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/MA/
• Michigan. Fishing licenses are available for $1 for service members
 stationed outside the state who have maintained residence status.
• Minnesota. Citizens show their support and thanks to the military
 community by proudly sponsoring the Minnesotan’s Military Appreciation
 Fund, a state-wide fundraising initiative, which offers grants to military
 families, and sponsors Military Family Days at MN Twins and MN
 Timberwolves games.  www.thankmntroops.org/index.html
• Mississippi. Military personnel stationed in Mississippi are
 classified as state residents for the purposes of payment of tuition at state
 colleges and universities.
• Missouri. The Kansas City Royals baseball team provides complimentary
 admission for all active and retired military personnel and their
 families to any Monday home game.
• Montana. To show appreciation for the unparalleled sacrifices members
 of the military make, Montana offers “challenge coins” through the
 Montana Military Appreciation Project.  These coins are presented to
 Montana residents who are members of any of the branches of the Services who
 have served overseas in the war against terrorism, and family members
 of service men who are killed.  http://www.mtmap.org/
• Nebraska. The University of Nebraska extends in-state residency
 status to active duty military personnel and their dependents whose
 permanent duty station or Home of Record is in Nebraska.
 www.admissions.unl.edu/residency
• Nevada. Active duty service members and their families are exempt
 from university fees while permanently stationed on a military facility
 within Nevada. 
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/NV/
• New Jersey. An individual who is active duty military is allowed to
 hunt with a resident license, regardless of residency status.
• New Mexico. Children between the ages of 16-26 whose veteran parent
 was killed in action or died as a result of their wounds incurred in
 battle, qualify for a full-tuition waiver at any state funded
 post-secondary school.  www.dvs.state.nm.us/benefits.html
• New Hampshire. Any resident who is a member of the U.S. Armed Forces
 is allowed to renew a driver’s license without a fee. 
• New York. Military retired pay is not subject to state income tax.
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/NY/
• North Carolina. To thank all military personnel, North Carolina is
 hosting MAD III (Military Appreciation Day) on June 7, 2008.
 http://www.militaryappreciationday.org/
• North Dakota. A dependent of a resident veteran, who was killed in
 action, is allowed to obtain a Bachelors degree or certificate of
 completion, free of any tuition and fee charges.
  www.military.com/benefits/veteran-benefits/north-dakota-state-veterans-benefits
• Ohio. Military retired pay received after Dec. 31, 2007, is exempt
 from state income taxes.
• Oklahoma. Oklahoma’s Tuition Aid Grant (OTAG) may cover up to 50
 percent of tuition costs depending upon eligibility.
  http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/OK/
• Oregon. National Guard service members are exempt from jury duty. 
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/OR/
• Pennsylvania. The Military Family Relief Assistance Program (MFRAP)
 provides financial assistance, in the forms of grants, to eligible
 Pennsylvania service members and their families.
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/PA/
• Rhode Island. The National Guard State Tuition Exemption Program
 provides one free course per semester at the Community College of Rhode
 Island, University of Rhode Island, or the Rhode Island College.
 http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/RI/
• South Carolina. The Friends of Our Forces program works diligently to
 encourage a healthy and strong relationship between the armed forces
 and the business community, encouraging ALL businesses to offer
 discounts to military personnel and their families.
 www.columbiachamber.com/programsservices.htm
• South Dakota. Military personnel stationed in South Dakota are
 eligible to obtain fishing and hunting licenses at the resident rate.
• Tennessee. Military personnel stationed in Tennessee may obtain
 fishing and hunting licenses at the resident rate.
• Texas. Military retired pay is exempt from state income taxes.
http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/TX/
• Utah. Residents who are members of the U.S. Armed Services and are
 stationed out of state may obtain certain property tax and vehicle
 exemptions.  www.dmv.utah.gov/registernonresidents.html
• Vermont. Service members and veterans are offered special discounts
 including, property tax exemptions, state employment preferences,
 education and tuition assistance, vehicle tags, and  hunting and fishing
 license privileges.
 http://myarmybenefits.us.army.mil/EN/Benefits/FactSheets/Regional/VT/
• Virginia. The Military Survivors and Dependents Program (MSDEP)
 provides education benefits to spouses and children of service members
 killed, missing in action, taken prisoner, or who became at least 90 percent
 disabled as a result of military service in an armed conflict.
  www.military.com/benefits/veteran-benefits/virginia-state-veterans-benefits
• Washington. Qualified veterans are offered reduced fees and/or free
 passes to State parks and recreation facilities.
• West Virginia. A fishing license is not required for residents on
 active duty in the U.S. Armed Forces while on military leave.
 www.wvdnr.gov/fishing/license.shtm
• Wisconsin. The State GI Bill provides a waiver (“remission”) of
 tuition and fees for eligible veterans and their dependents for up to 8
 full-time semesters or 128 credits at any institution in the University of
 Wisconsin System (UWS), http://www.wisconsin.edu/, or Wisconsin
 Technical College System (WTCS), http://www.witechcolleges.com/.
• Wyoming. Free tuition and fees for education are offered to the
 spouse and children of deceased veterans (whose death is service connected).

 www.military.com/benefits/veteran-benefits/wyoming-state-veterans-benefits
[Source:  NMFA Newsletter May 08 ++]


PTSD PURPLE HEART:   With growing recognition of the toll
 post-traumatic stress disorder has taken on U.S. forces, Defense Secretary Robert M.
 Gates said the Defense Department may consider awarding Purple Heart
 medals to combat veterans afflicted with it. “It’s an interesting idea,”
 Gates said when asked about the concept during a 2 MAY media
 availability at Red River Army Depot, Texas. “I think it is clearly something
 that needs to be looked at.”  Gates’ comment followed his visit the
 previous day to Fort Bliss, Texas, where he toured the post’s Recovery and
 Resilience Center, which is using a holistic approach to treating troops
 with PTSD. John E. Fortunato, who conceived of and runs the center,
 told reporters that awarding the Purple Heart to PTSD sufferers would go
 a long way toward chipping away at prejudices surrounding the disease,.
 Because PTSD affects structures in the brain, it’s a physical
 disorder, “no different from shrapnel,” Fortunato said. “This is an injury.”
 The Army classifies PTSD as an illness, not an injury, so troops with
 PTSD don’t qualify for the Purple Heart. That distinction is limited to
 troops killed or wounded in a conflict. “I would love to see that
 changed, because these guys have paid at least as high a price, some of them,
 as anybody with a traumatic brain injury, as anybody with a shrapnel
 wound,” Fortunato said.  Not recognizing those with PTSD with a Purple
 Heart “says that this is the wound that isn’t worthy,” Fortunato said.
 “And it is.”

     Fortunato said he’d also like to see a regulation prohibiting
 harassment of troops with PTSD, similar to regulations banning racial or
 sexual harassment. “Until there are sanctions that make a superior pay a
 price for harassing a soldier with mental health problems, I don’t know
 that it will change that much.”  Soldiers still get laughed at for
 seeking mental-health services or told that it will ruin their careers, he
 said. Some in the force view people with PTSD as weak, believing that
 if those with the disease “just sucked it up and soldiered on, [they
 would] could get over this,” Fortunato said.  “The Army is making a lot
 of strides toward changing that, but it’s a slow go, because it has to
 happen at the grassroots level,” he said. “Like any other prejudice,
 it’s hard to die.”  During his visit to Fort Bliss, Gates announced a new
 policy as of 18 APR in which veterans no longer have to acknowledge on
 their Standard Form 86 federal security clearance forms mental health
 care that only involved marital, family, or grief counseling, not
 related to violence by the applicant, unless the treatment was court-ordered.
 They also do not have to acknowledge mental heath care if it was
 related to service in a combat zone. The revised wording has been
 distributed to the services and will be attached to the cover of the
 questionnaire. Gates said he hoped the policy would eliminate troops’ concerns that
 seeking mental health care can cause them to be denied a security
 clearance and threaten their careers. He also expressed hope it would take
 the stigma away from seeking treatment.  [Source:  AFPS Donna Miles
 article 3 May 08 ++]


OKLAHOMA VET HOMES:   To make sure the state veterans home in Sulphur
 remains a comfortable residence for veterans, the Department of Veterans
 Affairs (VA) is awarding a grant of $12,675,000 for improvements at
 the Oklahoma state facility. The VA grant, for safety renovations, covers
 65% of the cost of the project, which includes construction and
 purchase of equipment.  Total cost of the upgrades is $19.5 million.  Most
 residents receive nursing care. Oklahoma has seven veterans’ centers
 providing intermediate to skilled nursing care and domiciliary care for
 wartime veterans and their spouses. Last year, VA spent nearly $1.4
 billion in Oklahoma to serve more than 338,000 veterans who live in the
 state.  VA operates major medical centers in Muskogee and Oklahoma City and
 five outpatient clinics across the state.  Oklahoma Veteran Homes are
 located at:
• Ardmore Veterans Center, 1015 S. Commerce, Ardmore OK 73402  Tel:
  (580) 223-2266
• Claremore Veterans Center, 3001 W. Blue Starr Drive, Claremore OK
 74018-0988  Tel: (918) 342-5432
• Clinton Veterans Center, Highway 183, Clinton OK 73601 Tel:
 (580)331-2200
• Lawton Veterans Center, 501 SE Flower Mound Road, Lawton OK 73501
 Tel: 580-351-6511.
• Norman Veterans Center, 1776 East Robinson Street, Norman OK 73070
  Tel: (405)360-5600
• Sulphur Veterans Center, 200 E. Fairlane, Sulphur OK 73086  Tel:
 (580)622-2144
• Talihina Veterans Center,  State Highway 63A, Talihina OK 74571 Tel:
 (918) 567-2251

To be eligible for admission to any of the Centers, a Oklahoma veteran
 must have served in the active Armed Forces of the United States during
 wartime and discharged under conditions other than dishonorable.
 Wartime dates are:
• WWI from 4/6/17 to 11/11/18
• WWII from 12/7/41 to 12/31/46
• Korean Conflict from 6/27/50 to 1/31/55
• Vietnam Era from 8/5/64 to 5/7/75 (2/28/61 for Veterans who served
  "in country" before 8/5/64)
• Persian Gulf War from 08/02/90 through future date to be set by law
 or presidential proclamation.

Veterans must have served at least ninety (90) days, except where
 discharged due to or as a result of a service connected disability, with one
 or more days being during a wartime period as prescribed above.  A
 veteran must be disabled by age, disease or other reason as determined
 through physical examination by an Oklahoma Veterans Center physician to
 be eligible for admission. For domiciliary, the veteran must be
 ambulant, be able to dress, and perform necessary bathroom needs. For nursing
 care, the veteran must be disabled or diseased to a degree that requires
 intermediate or skilled type nursing care.

     Oklahoma is among the top two states in the number of Veterans
 Centers providing intermediate to skilled nursing care and domiciliary
 care for its wartime veterans. All centers undergo annual inspections by
 the U.S. Veterans Administration and follow the guidelines established
 by other health and safety agencies. Professional personnel provide
 diversified health services for every facet of complete health care in the
 Veterans Centers. These health services include but are not limited to
 laboratory, x-ray, pharmaceutical, dietary, social, and recreational.
 Thus, a well-rounded state veterans program is created to administer
 care not otherwise available to over 1,400 Oklahoma war veterans. The
 Veterans Centers operate much like private communities, situated on
 spacious, landscaped acreage. In addition they include administrative offices,
 recreational halls, auditoriums, cafeterias, laundries, power plants,
 and maintenance shops. In recent years, the latest in Life Safety Code
 features have been installed in all structures which accommodate
 patients.  Application for admission and additional info are available at
 www.ok.gov/ODVA/documents/ODVA_Application.pdf.  Questions can be asked at
 each facilities phone number above or via email to the Information
 Officer Scott Clymer sclymer@odva.state.ok.us. [Source:  VA News Release 5
 May 08 ++]


LONG TERM CARE W/MEDICARE:  Medicare alone will not meet your long-term
 care (LTC) needs. While Medicare covers some home health, skilled
 nursing and hospice care, it generally does not cover custodial care, such
 as cleaning or cooking, at home or in a nursing home. Medicare will
 help pay for your home care if:
• Your doctor certifies that you are homebound, meaning it takes a
 considerable and taxing effort to leave your home; and
• You need skilled physical, speech or occupational therapy services,
 or skilled nursing on an intermittent (less than seven days a week) or
 part-time (less than eight hours a day) basis. If you only require
 skilled nursing, you must either need it fewer than seven days a week (even
 as little as once every 60 to 90 days) or daily (seven days a week) for
 a short period of time (usually two to three weeks); and
• Your doctor certifies your need for home care, and
• You receive your care from a Medicare-certified home health agency
 (HHA).

If you qualify for the home health benefit, Medicare covers the
 following types of care:
1.) Skilled nursing services. Medicare pays in full for skilled
 nursing, which includes services and care that can only be performed safely
 and effectively by a licensed nurse. Administration of medications, tube
 feedings, catheter changes, observation and assessment of a patient’s
 condition, management and evaluation of a patient’s care plan, and wound
 care are examples of skilled nursing. Any service that could be safely
 performed by a nonmedical person (or one’s self) without the direct
 supervision of a licensed nurse is not covered.
2.) Skilled therapy services. Medicare pays in full for physical,
 speech and occupational therapy. Physical therapy includes exercises to
 regain movement and strength to a body area and training on how to use
 special equipment. Speech-language pathology services include exercises to
 regain and strengthen speech and language skills. Occupational therapy
 helps you become able to do usual daily activities by yourself, such as
 eating and putting on clothes. Medicare will pay for therapy services
 to maintain your condition and prevent you from getting worse; you do
 not need to have the potential to improve.
3.) Home health aide services. Medicare pays in full for a home health
 aide if you require skilled services. A home health aide provides
 personal care services including help with bathing, using the toilet, and
 dressing. If you ONLY require personal care, you do NOT qualify for the
 Medicare home care benefit.
4.) Medical social services. Medicare pays in full for services to help
 you with social and emotional concerns you have related to your
 illness. This might include counseling or help finding resources in your
 community.
5.) Medical supplies. Medicare pays in full for medical supplies
 provided by the Medicare-certified home health agency, such as wound
 dressings and catheters needed for your care.
6.) Evaluation services. Medicare pays for evaluation services if
 performed by a skilled nurse or therapist.
7.) Durable medical equipment. Medicare pays 80% of its approved amount
 for certain pieces of medical equipment, such as a wheelchair or
 walker.

The Medicare home health benefit covers a wide range of skilled nursing
 services as long as you need them fewer than seven days a week, or
 daily for a finite and predictable period of time (usually no more than 21
 days in a row). Skilled nursing care includes services that can only
 be performed safely and correctly by a licensed nurse (either a
 registered nurse or a licensed practical nurse) and is under the general
 direction of a doctor. For example: intravenous injections; tube feeding;
 oxygen to help you breathe; changing sterile dressings on a wound;
 training you to perform required tasks, maintenance and evaluation.  Any
 service that could be safely performed by a nonmedical person (or one’s
 self) without the direct supervision of a licensed nurse is not covered.
  Regional Home Health Intermediaries (RHHIs) handle home health and
 hospice claims. You can call your intermediary for claim issues, and
 questions about coverage, complaints or denials. For additional info and a
 complete glossary of medical terms refer to
 http://www.medicareinteractive.org/page2.php?topic=counselor&page=glossary.
 [Source: Medicare Rights Center www.medicareinteractive.org May 08 ++]


ECONOMIC STIMULUS PACKAGE UPDATE 06:    Even though April 15 has
 passed, the Internal Revenue Service is reminding retirees, disabled veterans
 and others who normally do not file a tax return that there is still
 time to submit a 2007 form to receive an economic stimulus payment.
 People who have no tax filing requirement but have at least $3,000 in
 qualifying income should file a simple Form 1040A.  Qualifying income
 includes any combination of earned income, nontaxable combat pay as well as
 certain payments from Social Security, Veterans Affairs and railroad
 retirement. People must file a return by 15 OCT to receive an economic
 stimulus payment this year.  For taxpayers who are required to file an
 income tax return, the IRS will use the 2007 tax return to determine
 eligibility for economic stimulus payments of up to $600 ($1,200 for married
 couples).  There also is a payment of $300 for each qualifying child
 younger than 17. Those people not required to file a return because
 their income is too low or nontaxable must file a tax return to obtain
 their economic stimulus payment.  The Economic Stimulus Act of 2008
 provides a minimum payment of $300 ($600 for married couples) plus the $300
 payment per eligible child, if the person (or married couple) has at
 least $3,000 in qualifying income.

     The types of Social Security benefits that are considered
 qualifying income include retirement, disability and survivor payments.
  Supplemental Security Income is not qualifying income.  The types of Veterans
 Affairs benefits that are considered qualifying income include
 disability compensation, disability pension and survivor payments.  People not
 otherwise required to file an income tax return must file a simple
 Form 1040A with basic information to ensure that they receive the economic
 stimulus payment.  This information includes their name; address;
 dependents, if any; amount of their qualifying income (which must be $3,000
 or more); direct deposit information and their signatures.  Forms
 1040A and instructions are available at www.irs.gov. Eligible people,
 including their qualifying children, must have Social Security numbers.
  Also, people cannot be claimed or be eligible to be claimed as a dependent
 on another’s tax return.  People with Individual Taxpayer
 Identification Numbers are not eligible. There are IRS Taxpayer Assistance Centers
 open during the week to provide assistance.  To find an IRS office near
 you, go to www.irs.gov and click on “Contact IRS,” then “Contact Your
 Local IRS Office.”  These sites offer no charge tax preparation and
 filing for individuals and families whose income is $40,000 or less.  A
 select number of volunteer tax assistance sites in local communities may
 also remain open.  People can call (800) 906-9887 to find the volunteer
 tax assistance site closest to them.  [Source: AFRNS News Release 2
 May 08 ++]


DEBIT CARD DATA BREACH:  In the time it takes to pay for a bag of
 groceries or a tank of gas, thieves can empty your bank account. It happens
 when you swipe your debit card. That's the hard lesson customers of a
 Silicon Valley gas station and grocery store have learned in recent
 weeks following two major cases of identity theft using stolen personal
 information from debit cards. As the number of victims topped 200 by 30
 APR, and police warned to expect more, experts say the thefts underscore
 that even a tech-savvy region is hardly immune from a problem that is
 becoming all too common across the country. The high-tech scam hit the
 Lunardi's grocery store in Los Gatos and an Arco gas station on San
 Antonio Road in Los Altos. Police said 150 shoppers had their debit card
 information stolen. It's unclear how, but police said the thieves may
 have swapped a debit-card-reading machine at one or more of Lunardi's
 checkout stands, or installed small, easily hidden skimming devices that
 collect a shopper's card number and personal identification codes. The
 thieves then typically use the information to make new debit cards, often
 out of gift cards, old credit cards or any card with a magnetic strip.
 The skimming device can transmit the information instantly to a
 computer nearby, or at other times, thieves retrieve the tiny device or the
 debit card scanner. They transfer the collected personal bank
 information to a new card and begin using it to withdraw cash from ATMs.

     Los Altos police are investigating similar thefts three weeks ago
 at an Arco gas station on the corner of San Antonio Road and Loucks
 Avenue. Two ATM-debit machines, posted between pumping stations, were
 inoperable on 30 APR, posted with a sign, "Out of Order. Security Update in
 Progress." The machines do not dispense cash like a regular ATM, but
 will return cash to customers who use them to purchase gas. The station
 takes only cash or debit cards. Customers continued to use a debit
 machine inside the station. Police said 80 motorists had their bank card
 and personal identification numbers stolen. Bank card skimming has been
 around for a decade, experts say.  In one common method, crooks place a
 false front over an ATM's card-reader slot. The false front hides a
 device that reads and records the card information. A hidden camera allows
 identity thieves to watch as customers punch in their PINs. As the
 problem has grown, these high-tech thieves have also grown more ingenious.
 The more common practice now, experts said, is to use a tiny, hidden
 card-reading device. Many of the 8 million victims of identity theft
 last year were victims of bank card skimming, the American Bankers
 Association said.
George Silvestri, an attorney for Lunardi's, said the chain has
 replaced the payment devices at all seven of its Bay Area locations with
 machines that are locked onto the checkout stands. He added that Lunardi's
 employees with access to these devices have been trained in security
 procedures recommended by law enforcement and banking authorities, but
 declined to discuss specifics. [Source: Mercury News Jessie Mangaliman and
 Mark Gomez article 3 May 08 ++]


VA EMERGENCY CARE UPDATE 01:   When a veteran needs emergency medical
 treatment, the VA allows that veteran to go to the nearest private or
 community hospital. Once the veteran is stabilized, the veteran must then
 be transferred to a VA hospital for any necessary continued care. The
 problem arises when there is a wait for a bed in a VA hospital. Current
 law "authorizes" but does not require the VA to reimburse the hospital
 for the care given after the point of stabilization.  The Veterans
 Emergency Care Fairness Act (H.R.3819) introduced by Rep. Zack Space
 (D-OH-18) would simply close that loophole and require VA reimbursement for
 care. In rural areas, this problem is particularly pronounced. Often, a
 patient may be deemed "stable" but is not stable enough to make
 ambulance trips traveling long distances. Specifically H.R.3819:
• Requires (under current law, authorizes) the Secretary of Veterans
 Affairs to reimburse certain veterans without a service-connected
 disability enrolled as active participants of the Department of Veterans
 Affairs (VA) health care plan for the cost of emergency treatment received
 in a non-VA facility until such time as such veterans are transferred to
 a VA facility.
• Requires (under current law, authorizes) the Secretary to reimburse
 certain veterans with a service-connected disability or a
 non-service-connected disability associated with or aggravating a service-connected
 disability for the value of emergency treatment for which such veterans
 have made payment from sources other than the VA.

As of 2 May, HR 3819 has 49 cosponsors.  If your Representative has not
 co-sponsored you are  encouraged to contact him/her with you concerns
 on the subject.  This can easily be done utilizing a preformatted
 message found at
 http://capwiz.com/usdr/issues/bills/?bill=11330076&alertid=11330081.
  All you need do is enter your zip code and fill in your contact data.
  You can also personalize the message in any manner you desire.  [Source:
 USDR Action Alert 2 May 08 ++]


MICHIGAN VET CEMETERY: The state of Maine could break ground for the
 Southern Maine Veterans Memorial Cemetery in OCT 08.  The chair of the
 Southern Maine Veterans Memorial Cemetery Association, a local advisory
 board assembled several years ago to help the state design and prepare
 for the cemetery, Raymond Parent recently told town councilors that the
 state's Office of Veterans Affairs is waiting to receive permission to
 put the project out to bid. He said that the state has made the
 adjustments in the cemetery's design that the federal government required.
 Once the federal Veterans Affairs office accepts the resubmitted design
 and other materials, the state can put the cemetery out to bid. The
 bidding process should last about a month. It should also take the state a
 month to review the bids and make a recommendation. The federal VA
 office has $39 million in its budget this year for cemeteries across the
 country and the veterans’ cemetery in Springvale is already on the VA's
 list of projects that will get funding in OCT 08. The cemetery will be
 built on an 89.5-acre site off Stanley Road, next to Riverside Cemetery
 in Springvale. The project is expected to cost approximately $6 million.
 The VA approved the cemetery in 2001 and included it for funding in
 its 2008-2009 budget. Sanford Town Meeting members added their approval
 to the mix in 2002 — with the stipulations that the state will pay for
 all development costs and that the town's planning board got to review
 and approve the project. The planning board gave the project its
 blessing and Sanford's town councilors handed over to the state the deed to a
 31.6-acre property in Springvale — for a dollar. The Maine Veterans'
 Cemetery currently consists of:
• Maine Veterans' Memorial Cemetery, 163 Mt. Vernon Road, Augusta, ME
  04330 Tel: (207) 287-3481
• The Maine Veterans Memorial Cemetery located on Civic Center Drive in
 Augusta.
• Northern Maine Veterans' Memorial Cemetery, 37 Lombard Road, Caribou,
 ME  04736 Tel:  (207) 492-1173

Burials may not be scheduled in any of the above until such time as
 sufficient proof of service has been provided to the cemetery staff to
 determine eligibility. Therefore, eligible veterans are encouraged to
 apply for a certificate of eligibility in advance so to ensure that the
 Maine Veterans’ Memorial Cemetery System has all the proper documentation
 of military service required to ensure timely scheduling of burial. To
 apply for Pre-Eligibility Certification refer to www.mainebvs.org for
 an application  or contact the main office of the cemetery at Maine
 Veterans Memorial Cemetery System, 163 Mt. Vernon Road, Augusta, ME 04330
 Tel: 207-287-3481 Email: mvmc@maine.gov.  Eligibility extends to any
 person who:
•  Served in the active United States Armed Forces and who: if
 discharged, received an honorable discharge or general discharge under
 honorable conditions, provided that the discharge was not upgraded through a
 program of general amnesty; or
• Served in the National Guard and died as the result of injury,
 disease or illness sustained while serving on state active service as
 provided in 37-B MRSA, chapter 3, subchapter III, sec. 101-A (1); or
• Served in the Reserve Components of the United States Armed Forces
 and was entitled to retired pay under 10 United States Code, Chapter 1223
 or would have been entitled to retired pay under Chapter 1223 except
 that the person was under 60 years of age; or
• The wife, husband, surviving spouse, unmarried minor child, unmarried
 dependent child enrolled in secondary school or unmarried adult child
 who became incapable of self-support before reaching 18 years of age on
 account of mental or physical disability.
[Source: Sanford News Editor Shawn P. Sullivan article 1 May 08 ++]


CREDIT CARD CHARGES UPDATE 02:   The Senate Banking Committee Chairman
 Chris Dodd (D-CT) introduced the Credit Card Accountability,
 Responsibility and Disclosure (CARD) Act on 30 APR 08. Senator Jon Tester (D-MT)
 has thrown his support behind the bill intended to initiate a major
 overhaul of the credit card industry. He doing so he said, "This
 legislation protects folks from abusive credit card shenanigans and … will bring
 honesty and fairness back to the credit card industry.  With food
 prices high and gas prices high, this bill will add some common sense to
 the credit card equation." Tester specifically praised the Credit CARD
 Act because it stops credit card companies from jacking up interest rates
 on accounts that are in good standing.  Last year Tester introduced
 separate legislation to end the practice, which credit companies call
 "universal default" or "risk-based re-pricing" in fine print. "No matter
 what you call it, it's bad business, it's unfair, and it sneaks up on a
 lot of folks who work hard to pay their bills on time," Tester said.
  The Credit CARD Act also:
• Prevents credit card companies from changing a terms of a contract
 during the period of the agreement.
• Requires interest rate increases to apply only to future credit card
 debt.
• Prohibits interest changes on debt paid on time (called double-cycle
 billing).
• Requires credit card companies to mail statements three weeks before
 a bill is due instead of the current 14 days.
• Prohibits credit card companies from charging fees for customers who
 pay bills via phone or the internet.
• Requires companies to get a signature from a parent or guardian
 before issuing a credit card to anyone under age 21. 
[Source:  Sen. Tester Press Release 30 Apr 08 ++]


NDAA 2009 UPDATE 01:   The full Senate Armed Services Committee marked
 up the defense authorization bill (S.2787) 30 APR after its
 subcommittees completed work on their portions of the sweeping security policy
 measure. The closed-door sessions, which began 29 APR, will result in a
 bill that would authorize spending on defense programs in the Pentagon
 and Energy Department for fiscal 2009. In the process, senators are
 addressing everything from a pay raise for military personnel to
 multibillion-dollar weapons systems. Four subcommittees secretly reported their
 portions of the bill to the full Armed Services Committee: Personnel,
 Seapower, Readiness and Management Support and Emerging Threats and
 Capabilities. There were few details about their decisions. Following are
 some of what is known:
•  The Personnel panel was widely expected to urge a military pay raise
 higher than the 3.4% recommended by the Bush administration.  Approved
 was a 3.9% raise -- half a percent higher than requested by the Bush
 administration and slightly higher than the 3.5% pay raise in fiscal
 2008.
• The panel was expected to and did reject administration plans to
 increase fees, deductibles and drug co-payments for military personnel
 participating in the Tricare health system. The Pentagon's fiscal 2009
 budget request assumes $1.2 billion in savings in anticipation of those
 fees. Senator Carl Levin (D-MI), Chairman of the Senate Armed Services
 Committee, and Senator Ben Nelson (D-NE), Chairman of the Personnel
 Subcommittee, both commented that the requested Tricare increases were not
 favorably received and would probably not be approved.
• The bill necessitates the secretary of each military department to
 provide annual medical and dental exams and restorative care to certain
 reserve component individuals and units to ensure medical and dental
 readiness for deployment; clarifies funding for medical and dental care to
 meet readiness standards for members of the Ready Reserve who have
 been notified that they will be mobilized; and authorizes the Secretary of
 Defense to waive copayments for members of the Selected Reserve
 enrolled in the TRICARE dental insurance program during a time of national
 emergency in order to ensure members of deploying units meet dental
 readiness.

Sen. Levin said he hopes the bill will come to the floor before the
 Memorial Day recess. A House committee is scheduled to complete work later
 this month on its H.R.5658version of the budget plan, with a final,
 compromise bill not expected to be complete until the fall. [Source:
 EANGUS Minuteman Update 1 May 08 ++]


VA LAWSUIT (LACK OF CARE) UPDATE 07:    A two-week trial that
 scrutinized the quality of health care for veterans concluded 30 APR with the
 judge questioning how much authority he had to order changes in the
 Department of Veterans Affairs, even if he found deficiencies. “One of the
 problems I have in this case is this court is restricted by various
 statutes, binding regulations and case law,” U.S. District Judge Samuel
 Conti told lawyers.  Justice Department lawyer Daniel Bensing, who was
 defending the system that serves nearly 6 million veterans, argued that
 the veterans groups suing the VA should take their case to Congress, not
 the courts. Arturo Gonzalez, who represented the two veterans groups
 that sued, countered that the judge has the power to order changes
 because the VA's system “has crashed and it has been overwhelmed” by an
 increasing number of claims. Last year, the VA processed 840,000 claims, an
 increase from 675,000 in 2001. The VA attributed the increased to
 Vietnam War veterans with growing health problems. Gonzalez argued that the
 VA is unprepared to care for those returning from Afghanistan and Iraq.
 

     Conti, who heard the case without a jury, ordered both sides to
 file additional legal documents by 19 MAY, after which he would decide
 the issue.  The veterans groups sued the VA last year and accused it of
 failing to provide sufficient mental-health care, including inadequate
 suicide prevention, and taking too long to process claims. Internal VA
 e-mails disclosed during trial showed that four to five veterans under
 VA care commit suicide and that 1,000 veterans attempt suicide each
 month. “The fact that veterans are killing themselves at alarming rates
 (is) undisputed,” Gonzalez told the judge, urging him to order dramatic
 changes at the VA. Gonzalez suggested that Conti appoint a VA monitor who
 would report to the judge and ensure compliance with any court-ordered
 reforms. Gonzalez also complained that it was taking the VA an average
 of about 180 days to decide whether to award benefits to a veteran and
 those appeals of adverse decisions were taking years to resolve. A
 study released this month by the RAND Corp. estimates that 300,000 U.S.
 troops – about 20% of those deployed – are suffering from depression or
 post-traumatic stress from serving in Iraq and Afghanistan. Bensing told
 the judge that the VA already considers addressing suicides and
 suicide attempts “a major priority.” The mental-health budget has increased
 from $3.2 billion to $3.5 billion annually, and the agency recently
 hired 3,700 new mental-health professionals, Bensing said. “(Claims)
 processing time is a troubling issue,” Bensing said, noting that the agency
 was working to streamline a complicated system handling a record volume.
 [Source: San Diego tribune AP Paul Elias article 1 May 08 ++]


AAFES COMMUNITY MALLS:   On April 30, MOAA deputy director of
 government relations, CDR Rene Campos (USN-Ret) attended a Retiree Advisory
 Council Meeting hosted by the Army and Air Force Exchange Service (AAFES)
 in Dallas. AAFES plans to build Life Style Centers (outdoor community
 malls) at six locations: Fort Bliss and Fort Sam Houston, TX; Fort
 Lewis/McCord, WA; Fort Carson, CO; and Eglin AFB, FL. These malls will
 include theaters that will show new releases, well-known restaurants, play
 areas for children and families, shopping outlets, banking and medical
 services, and a variety of other features to enhance customers’ shopping
 experience. Last year AAFES provided $269 million dollars to support
 facilities like golf courses, pools, auto shops, craft stores, child care
 centers, and many other military community services. [Source: MOAA
 Legislative Update 11 May 08 ++]


VA VETERAN POPULATION ESTIMATE:   The Department of Veterans Affairs
 has updated the official estimate of the veteran population.  Using its
 Veteran Population Model (VetPop), VA estimates a total veteran
 population of approximately 24,816,000 as of 30 SEP 07. Estimates are based on
 data from the Department of Defense (DoD), the Census Bureau and the
 Veterans Benefits Administration.  VetPop, which was last updated in
 2004, groups veterans into various demographic categories (age, sex, state,
 race, rank, military branch, and period of service) and projects
 results thirty years into the future.  VetPop used the Census 2000 estimate
 of veterans—26,745,000 as of April, 2000—as a starting point.  The
 population increases as service members separate from active duty and
 decreases through mortality.  VetPop models these changes using DoD’s
 reports of past and projected separations as well as DoD mortality rates.
  VetPop2007 results are higher than VetPop2004 results due to lower
 mortality rates and higher-than-expected separations.  The difference is 1.2%
 in 2007 and grows to 2.8% by 2015. Results can be accessed at
 http://www1.va.gov/vetdata/ by clicking on “Demographics”.  The website
 includes results described above, estimates of veterans by county and
 by Congressional District, as well as descriptive documents and
 tutorials on how to access the data.  Further questions regarding VetPop
 should be emailed to VetPop@va.gov.  [Source:  VA's Office of the Actuary 22
 Apr 07 ++]


VA HOME LOAN UPDATE 11:  The current maximum VA guaranty for all loans
 in excess of $144,000, except regular refinance loans, is equal to 25%
 of the Freddie Mac conforming loan limit for a single family home,
 adjusted for the year involved.  Presently this is $104,250 ($156,375 for
 Alaska, Hawaii, Guam and U.S. Virgin Islands).  This means lenders
 making loans covered by a VA guaranty up to $417,000 ($625,500 in Alaska,
 Hawaii, Guam, and U.S. Virgin Islands) will receive at least a 25%
 guaranty. However, only $36,000 of a VA home loan guaranty can be used when
 the loan is being used to refinance a home loan, meaning that VA will
 not provide backing for a refinance loan in excess of $144,000.
  Additionally, present law limits regular refinance loans to 90% of the
 reasonable value of the dwelling, meaning that veterans without at least 10%
 equity cannot refinance their existing loan into a VA guaranteed home
 loan.  On 30 APR the House Veterans’ Affairs Committee approved major
 improvements in this home loan program but details in the bill could delay
 or even prevent the initiative from becoming law. The home loan bill,
 Helping Our Veterans to Keep Their Homes Act HR 4884, would
•  Increase the maximum loan available to veterans for new and
 refinanced homes to $729,750;
•  Allow refinancing even if the homeowner has no equity; and
•  Order a new streamlined process for buying condominiums with
 veterans’ home loans.

The committee chairman and chief sponsor of the bill Rep. Bob Filner
 (D-CA), said the update is a response to criticism that the VA loan
 program has become irrelevant because of the current $417,000 cap on new
 loans and the $147,000 limit on refinancing, and a requirement that
 homeowners have at least 10% equity in their home to qualify. The problem
 with the bipartisan bill, which passed the committee by voice vote, is
 that it also eliminates loan origination fees for all loans except for
 those related to refinancing, which Filner said is necessary to make the
 VA home loan program competitive.

     Fees now range from 1.4 to 3% for regular loans, depending on the
 amount of down payment, and are just 0.5% when refinancing an existing
 VA loan to reduce the interest rate. All those fees would be
 eliminated, leaving just a 1% fee for someone refinancing a non-VA loan with a
 new loan from the VA program. Fees generate money intended to cover
 administrative costs of the loan program. Eliminating them would create a
 $1.4 billion to $1.8 billion hole in the VA budget that will prevent the
 bill from being taken up by the House unless lawmakers can find a way
 to make up the difference, said Rep. Steve Buyer, (R-IN) ranking
 Republican on the committee. Buyer offered an amendment to keep the current
 fees, which he said would guarantee the House could take up the bill
 right away, but his effort was defeated on a voice vote. Filner said he
 hoped to find a way to pass the bill without imposing fees for most home
 loan users. [Source: Marine Corps Times Rick Maze article Posted 1 May
 08 ++]


MALWARE:   Malware is software designed to infiltrate or damage a
 computer system without the owner's informed consent. The term is a
 portmanteau of the words malicious and software.  The expression is a general
 term used by computer professionals to mean a variety of forms of
 hostile, intrusive, or annoying software or program code. Many normal
 computer users are however still unfamiliar with the term, and most never use
 it. Instead, “computer virus” is incorrectly used in common parlance
 and even in the media to describe all kinds of malware, though not all
 malware are viruses. Software is considered malware based on the
 perceived intent of the creator rather than any particular features. Malware
 includes computer viruses, worms, trojen horses, most rootkits, spyware,
 dishonest adware, and other malicious and unwanted software. In law
 malware is sometimes known as a computer contaminant, for instance in the
 legal codes of California and several other states. Malware should not
 be confused with defective software, that is, software which has a
 legitimate purpose but contains harmful bugs. A bug is an error, flaw,
 mistake, "undocumented feature", failure, or fault in a computer program
 that prevents it from behaving as intended (e.g., producing an incorrect
 result). Of all computer code released today the majority may be
 malicious. Preliminary results from Symantec (an international corporation
 that sells computer security software)    sensors published in 2008
 suggested that the release rate of malicious code and other unwanted
 programs may be exceeding that of legitimate software applications. According
 to F-secure as much malware [was] produced in 2007 as in the previous
 20 years altogether." Malware's most common pathway from criminals to
 users is through the Internet via email and the web. 

     Computerworld reported 12 MAY more than half a million Web sites
 have been compromised in a recent  round of attacks three weeks ago that
 hacked domains (web sites) in order to infect unsuspecting users' PCs
 with a variety of malware.  Sites that included government URLs in the
 U.K. and some domains operated by the United Nations. This is only the
 latest in a string of attacks that goes back to JAN 08. Visitors to a
 hacked site are redirected through a series of servers, some clearly
 compromised themselves, until the last in the chain is reached; that
 server then pings the PC for any one of several vulnerabilities, including
 bugs in both Microsoft’s Internet Explorer and RealNetworks”s RealPlayer
 media player. If any of the vulnerabilities are present, the PC is
 exploited and malware is downloaded to it. It is anticipated that attacks
 are likely to continue as long as sites do not take steps to secure
 their content. [Source: Wikipedia Encyclopedia & Computerworld George
 Keizer article 13 May 08 ++]


NPRC ONLINE RECORDS REQUEST UPDATE 01:   The National Personnel Records
 Center (NPRC) makes it easier for veterans with computers and Internet
 access to obtain copies of documents such as their DD-214from their
 military files.  Military veterans and the next of kin of deceased former
 military members can use NPRC’s online military personnel records
 system to request documents. The web-based application was designed to
 provide better service on these requests by eliminating the records
 center’s mailroom processing time. Also, because the requester will be asked
 online to supply all information essential for NPRC to process the
 request, delays that normally occur when NPRC has to ask veterans for
 additional information will be minimized.  The application can be accessed at
 http://vetrecs.archives.gov . Users will be required to complete the
 application online and then download a signature verification document
 that must be signed and mailed to NPRC WEB, 9700 Page Avenue, St. Louis,
 MO 63132-5100 or faxed to (314) 801-9049 within 30 days.  If NPRC does
 not receive your signature within 30 days, your request will be
 automatically deactivated and removed from their system.  A service request
 number will be provided for follow up to (314) 801-0800, if necessary.
 Other individuals with a need for documents must still complete the
 Standard Form 180 which can be downloaded from the web at
 http://www.archives.gov/st-louis/military-personnel/standard-form-180.html
 . [Source: NPRC http://vetrecs.archives.gov May 08 ++]


FORECLOSURE IMPACT ON RENTERS:  According to  Richard Alderman,
 director of the Consumer Law Center at the University of Houston, under Texas
 law how long after foreclosure new owners or the bank have to evict
 tenants depends on whether the tenants have been paying rent in. If
 they're up-to-date on their rent payments, they have to be given 30 days
 written notice to vacate if the buyer decides not to continue the lease. If
 rent hasn't been paid, they get three days of notice. After those
 three days, the lender can file for eviction with the local justice of the
 peace. A court date is usually set for a week after the day the renters
 get served. If a judge rules against the renters, they have five days
 to appeal. If they don't appeal, the landlord can get a writ of
 possession and evict them immediately.  If the rent was prepaid the rental
 contract does not apply to the bank or new owners and it is up to the
 rentee to initiate whatever action is necessary to recoup their money.
  Something for vets to consider when a large deposit or advance payment is
 required to move in dependent on what state laws apply for where the
 rental property is located. [Source: Houston Chronicle article 30 Apr 08
 ++]


CAR RENTAL TIPS:  Many travelers operate under the misconception that
 car rental rates are all about the same, and that shopping is a waste of
 time. But rates do vary--sometimes by quite a bit--between companies
 and destinations. Car rental companies reward people who make life easy
 for them and penalize those who don't know the ropes. Here are five
 tips, in no particular order, for lowering your car rental expenses:
• Beware hidden fees and extras.  If the rental company has to top-off
 the gas tank after your return, you will pay a ridiculous price per
 gallon. Always ask that the car be filled up prior to your departure, and
 then bring it back full of gas.  There are plenty of other additional
 charges that can take a nice rate to an ordinary deal very quickly. A
 weekly rate of $125 showed up recently for a compact rental out of San
 Antonio International Airport. That's about $18/day. Not bad.  Go to the
 reservation page of your agreement, and you learn that taxes and fees
 add more than $50. There's 10% sales tax, something called a vehicle
 license fee of nearly $19 and an "arena fee" of $7.19. Keep that in mind
 when you see rates under $20/day advertised.
• Airport rentals are best avoided.  In that previous example, there
 was also an $11.51 "airport fee." It's often very convenient to rent a
 car at the airport, but keep in mind that you'll pay for the privilege.
 If you're on a business trip, many times you can rent a car from your
 downtown hotel. If you can conveniently arrange a hotel shuttle or public
 transportation from airport to front desk, chances are good you'll
 save money taking delivery off the airport grounds.
•  Decline the insurance.  Most travelers know this one, but there is a
 lot of pressure to change minds at the rental counter. Companies make
 big profits from insurance fees. Some clerks are trained to create as
 much anxiety as possible for people who decline it. The odds are slim
 that you'll need any of this coverage. It is very likely that your auto
 insurance policy at home covers rentals as well. Call your agent to
 verify it. Also check with your credit card company to see if using the
 card to pay for a rental provides collision coverage. In many cases,
 you'll find it a positive response.
• In smaller offices, reserve the smallest car possible.  Most North
 Americans who rent cars in the U.S. don't like driving compacts. Rental
 companies know this, and they usually order more mid-size and full-size
 cars.  If your destination is a smaller facility or non-hub airport,
 chances are good that they have only a few compacts. On some days, they
 might not have any compacts when customers arrive. In that situation, if
 you've reserved a compact, they are obligated to give you a free
 upgrade. Many times, you'll move up two categories for no additional charge.
 Remember: you can usually pay an upgrade fee on the spot for a larger
 car if they call your bluff and tell you the compact is ready to go.
 There will be times when the smallest cars are all that remains on the
 lot. Those times are fairly rare.
•  Shop for quirky deals and special offers.  A recent search on
 Hertz.com showed a three-day rental of a mid-sized car from Denver
 International would cost $236 USD, nearly $79/day. If four more days are added,
 the total cost goes up, but only to $361. That's less than $52/day. This
 possible because on day five, Hertz's weekly rate took effect. Many
 times, reserving a car for a week (even if it sits in a driveway or
 parking lot) is cheaper than trying to get a daily rate on a shorter rental.
 For that reason, it pays to try a number of time combinations when you
 consider your rental period. It might be smarter to pick up the car on
 Thursday, even if you don't really need it until Friday. The Friday
 rental might come with a weekend rate that is more expensive. There are
 times when a car rental bid on Priceline (www.priceline.com) will save
 you money, but unlike hotels, there are frequent instances where the bid
 prices are very similar (or even higher) than the standard rates
 listed on company Web sites. Speaking of company Web sites, some of the best
 rental rates originate in their special offers pages.
[Source: About.com: Budget Travel Mark Kahler article Apr 08 ++]


CARIES (TOOTH DECAY):   Caries is a progressive destruction of any kind
 of bone structure, including the skull, the ribs and other bones.
 Caries can be caused by osteomyelitis, which is a bacterial disease.  When
 people hear the word caries (i.e. decay), they usually think of dental
 caries. It destroys tooth structure which does not regenerate. However,
 the progression of cavities can be stopped by treatment. The goal is
 to preserve the tooth and prevent complications. In filling teeth, the
 decayed material is removed (by drilling) and replaced with a
 restorative material such as silver alloy, gold, porcelain, or composite resin.
 Porcelain and composite resin more closely match the natural tooth
 appearance, and may be preferred for front teeth. Many dentists consider
 silver amalgam (alloy) and gold as stronger, and these materials are often
 used on back teeth. There is a trend to use high strength composite
 resin in the back teeth as well. Crowns are used if decay is extensive
 and there is limited tooth structure, which may cause weakened teeth.
 Large fillings and weak teeth increase the risk of the tooth breaking. The
 decayed or weakened area is removed and repaired. A covering jacket or
 "cap" (crown) is fitted over the remainder of the tooth. Crowns are
 often made of gold, porcelain or porcelain fused to metal. A root canal
 is recommended if the nerve in a tooth dies from decay or from a
 traumatic blow. The center of the tooth, including the nerve and blood vessel
 tissue (pulp), is removed along with decayed portions of the tooth. The
 roots are filled with a sealing material. The tooth is filled and a
 crown may be placed over the tooth if needed.

     Alternative treatments for dental caries exist but may not be
 effective.  HealOzone therapy is one of these.  The National Institute for
 Health and Clinical Excellence (NICE), an independent British
 organization that reviews medical technology, has concluded that this therapy
 has not been proven effective or cost-effective for treating tooth decay.
 The HealOzone treatment system includes an ozone delivery device, a
 mineral-reducing agent used by the dentist and a patient kit
 (fluoride-containing toothpaste, mouthwash and mouth spray) for home use. The
 device is certified (CE marked) in the United Kingdom as a medical device
 for managing certain types of caries, but it is not approved by the U.S.
 Food and Drug Administration. The treatment is administered by placing
 a small cup over the affected tooth and pumping ozone gas into the area
 for up to 2 minutes to kill the bacteria. After that, a special liquid
 is dripped onto the tooth to remove any remaining ozone and acid and
 help the weakened enamel start to harden again through remineralization.
 The patient is given a kit containing fluoride toothpaste, mouthwash
 and mouth spray to use for several weeks to help the remineralization
 process. NICE has issued a detailed report which concluded that the
 procedure is unproven and should not be covered by the British National
 Service in the United Kingdom. HealOzone's marketers also sell a device
 (the DIAGNOdent) for assessing caries. The NICE report states that the
 validity of this device has yet to be demonstrated. The JAN 06 report can
 be viewed at www.dentalwatch.org/questionable/healozone.html.  [Source:
 Consumer Health Digest #06-01 & Mediline Plus
 www.nlm.nih.gov/medlineplus JAN 06]


VETERAN LEGISLATION STATUS 13 MAY 08:   For a listing of Congressional
 bills of interest to the veteran community that have been introduced in
 the 110th Congress refer to the Bulletin’s House & Senate attachments.
  By clicking on the bill number indicated you can access the actual
 legislative language of the bill and see if your representative has
 signed on as a cosponsor. Support of these bills through cosponsorship by
 other legislators is critical if they are ever going to move through the
 legislative process for a floor vote to become law.  A good indication
 on that likelihood is the number of cosponsors who have signed onto the
 bill. A cosponsor is a member of Congress who has joined one or more
 other members in his/her chamber (i.e. House or Senate) to sponsor a
 bill or amendment. The member who introduces the bill is considered the
 sponsor.  Members subsequently signing on are called cosponsors. Any
 number of members may cosponsor a bill in the House or Senate. At
 http://thomas.loc.gov you can also review a copy of each bill’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.
 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 May 08 ++] 


HAVE YOU HEARD:  Allegedly, Andy Rooney of 60 minutes fame provided
 some tips for handling telemarketers that will cost you nothing and get
 some payback for all that junk mail and telemarketing you have to put up
 with:

(1). Three Little Words That Work!!The three little words are: 'Hold
 On, Please...' Saying this, while putting down your phone and walking off
 (instead of hanging-up immediately) would make each telemarketing call
 so much more time-consuming that boiler room sales would grind to a
 halt. Then when you eventually hear the phone company's 'beep-beep-beep'
 tone, you know it's time to go back and hang up your handset, which has
 efficiently completed its task. These three little words will help
 eliminate telephone soliciting.

(2) Do you ever get those annoying phone calls with no one on the other
 end? This is a telemarketing technique where a machine makes phone
 calls and records the time of day when a person answers the phone. This
 technique is used to determine the best time of day for a 'real' sales
 person to call back and get someone at home. What you can do after
 answering, if you notice there is no one there, is to immediately start
 hitting your # button on the phone, 6 or 7 times, as quickly as possible
 This confuses the machine that dialed the call and it kicks your number
 out of their system. Gosh, what a shame not to have your name in their
 system any longer!!!

(3). Junk Mail Help:
• When you get 'ads' enclosed with your phone or utility bill, return
 these 'ads' with your payment. Let the sending companies throw their own
 junk mail away.
• When you get those 'pre-approved' letters in the mail for everything
 from credit cards to 2nd mortgages and similar type junk, do not throw
 away the return envelope. Most of these come with postage-paid return
 envelopes, right? It costs them more than the regular 37 cents postage
 if and when they receive them back. It costs them nothing if you throw
 them away! The postage was around 50 cents before the last increase and
 it is according to the weight. In that case, why not get rid of some of
 your other junk mail and put it in these cool little, postage-paid
 return envelopes.
• Send an ad for your local chimney cleaner to American Express. Send a
 pizza coupon to Citibank. If you didn't get anything else that day,
 then just send them their blank application back!  If you want to remain
 anonymous, just make sure your name isn't on anything you send them.
 You can even send the envelope back empty if you want to just to keep
 them guessing! It still costs them 41 cents.

The banks and credit card companies are currently getting a lot of
 their own junk back in the mail, but folks, we need to OVERWHELM them.
 Let's let them know what it's like to get lots of junk mail, and best of
 all they're paying for it...Twice! Let's help keep our postal service
 busy since they are saying that e-mail is cutting into their business
 profits, and that's why they need to increase postage costs again You get
 the idea ! If enough people follow these tips, it will work ---- I have
 been doing this for years, and I get very little junk mail anymore. 

     However, this is an Urban Legend. Some part of the above
 originated with Andy Rooney but not most. Refer to  Snopes.com at
 www.snopes.com/politics/business/telemarket.asp  Although following the above advice
 may give you some personal satisfaction and possibly cost the senders a
 little more money more effective means of stopping telemarketers and
 junk mail are:
• Signing up with the National Do Not Call Registry at
  https://www.donotcall.gov/default.aspx.
• If ineffective after 31 days file a complaint with the FCC at
 https://www.donotcall.gov/complaint/complaintcheck.aspx.
• Registering with DMA’s Mail preference Service at
 https://www.dmachoice.org/MPS/proto1.php.
• Request to “Opt Out” at https://www.optoutprescreen.com/?rf.
[Source:  Snopes.com 25 Jul 05 ++]


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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