RAO Bulletin Update
1 August 2007
THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:
-- NDAA 2008 [06] ................................. (In Limbo)
-- VA Suicide Call Center [01] .................. (Help a Call Away)
-- Vet Cemetery Alabama ............................. (Land Purchased)
-- VA Data Breach [36] ................... (53 Computers Lost)
-- Medicare Hospice Care .............................. (How it Works)
-- Veteran Federal Employment [04] ......... (RC Vet Preference)
-- Wounded Warrior Assistance [03] …..... (Senate Passes Bill)
-- Mobilized Reserve 25 July 07 ................ (Net Increase 3640)
-- WRAMC [11] .............................. (President’s Panel Report)
-- Military Spouse Friendly Workplaces …..... (USAA Tops List)
-- VA Health Care Funding [10] ...........................(No Cure-all)
-- Medicine Bought Online .......................... (What to Look For)
-- Camp Lejeune Toxic Exposure ……....... (Notification Policy)
-- VA Claim Backlog [09] ....... (H.R.3047 Automation Mandate)
-- VA Claim Backlog [10] .......... (Trial Approach Endorsement)
-- VA Lawsuit [Religious Discrimination] ..... (VA Denies Guilt)
-- VA Lawsuit [Lack of Care] ................... (Health Care Delays)
-- VA Lawsuit [Wrongful Death] ................. (Vet Turned Away)
-- West Virginia Veterans Homes [01] ...................... (Opening)
-- Prosthetic Limbs ...................... (Medical Innovations)
-- Florida Veterans Homes [02] .................... (Ongoing Dispute)
-- Veterans Benefits Act 2007 ……....... (S. 1326 Improvements)
-- VDBC [19] ................ (SBP/TERA/CRSC Recommendations)
-- VA Rural Access [02] .................. (S.1147 Support)
-- Filipino Vet Inequities [03] ............ (H.R.760 Funding Issue)
-- Filipino Vet Inequities [04] ............ (Pensions Protested)
-- Common Access Card (CAC) ...... (H.R.3046 & 3128 Impact)
-- Selective Service System (Draft) [05] ..... (Not Recommended)
-- VA Vet Centers [02] ........................... (Ahead of Schedule)
-- DoD Disability Evaluation System [04] ........... (Joint System)
-- USERRA [02] ........................... (Know Your rights)
-- Vet Cemetery Maryland ................. (Crownsville Expansion)
-- Tricare Data Breach .................. (Systemic Problems)
-- SDVOSB program .......................... (Disabled Vet Contracts)
-- Federal Student Aid [01] ................ (Interest Suspension Bill)
-- SBA Vet Issues [05] ........... (Patriot Express Loans)
-- Chronic Lymphocytic Leukemia [01] .............. (VA Must Pay)
-- Medicare Advantage Plans [01] ..... (Illegal/Unethical Tactics)
-- Medicare Advantage Plans [02] ................ (Delayed Refunds)
-- Medicare Extra Help Program [01] ............. (Under Utilized)
-- Medicare Deductibles ............................ (How They Apply)
-- VA Comp Payment Disparity [08] ......... (IDA Report Results)
-- Horatio Alger Scholarship ................... (Military Veterans)
-- House Veterans' Affairs Committee ............ (What it is)
-- HVAC [01] .................................... (5 Bills Passed)
-- TSA Data Breach ................. (Privacy officials meet)
-- Car Key Alarm ............................... (Security Tip)
-- VA Secretary [01] ....................... (Nicholson Resigns)
-- Veteran Charities Review [01] ............. (Where Donations Go)
-- Veteran Legislation Status 13 JUL 07 -------- (Where We Stand)
Editor’s Note 1: Attached is a listing of veteran legislation with
current cosponsor status that has been introduced in the 110th Congress.
To see any of these bills passed into law representatives need input
from their veteran constituents to instruct them on how to vote.
NDAA 2008 UPDATE 06: After several days of debate, including an
all-night session, on amendments to start a troop pullout or redeployment
from Iraq (all of which failed), Senate Majority Leader Harry Reid (D-NV)
stopped completion of H.R. 1585, the 2008 National Defense
Authorization Act, dead in its tracks. This ends progress on the
bill until the
Majority Leader reconsiders while the overall defense bill remains in
limbo with more than 300 amendments pending. Congress will be in
recess
from 6 AUG to 31 AUG 07 and will not return until after Labor Day.
Although Reid has made no announcements about what will happen next, the
Senate is not expected to return to work on the bill until September,
after the U.S. Central Command issues a report on the effectiveness of the
temporary surge of U.S. troops designed to improve security and enable
political and economic progress by the Iraqi government. [Source:
Various Jul 07 ++]
VA SUICIDE CALL CENTER UPDATE 01: To ensure veterans with emotional
crises have round-the-clock access to trained professionals, the
Department of Veterans Affairs (VA) has begun operation of a national
suicide
prevention hot line for veterans. Secretary of Veterans Affairs Jim
Nicholson said, “Veterans need to know these VA professionals are
literally a phone call away. All service members who experience the
stresses
of combat can have wounds on their minds as well as their bodies.
Veterans should see mental health services as another benefit they have
earned, which the men and women of VA are honored to provide.” The
toll-free hot line number is 1(800) 273-TALK (8255). VA’s hot line
will be
staffed by mental health professionals in Canandaigua, N.Y. They
will
take toll-free calls from across the country and work closely with local
VA mental health providers to help callers.
To operate the national hot line, VA is partnering with
the
Substance Abuse and Mental Health Services Administration of the
Department
of Health and Human Services (HHS). The suicide hot line is among
several enhancements to mental health care that Nicholson has announced
this
year. In mid July, the Department’s top mental health professionals
convened in the Washington, D.C., area to review the services provided to
veterans of the Global War on Terror. VA is the largest provider of
mental health care in the nation. This year, the Department will
spent
about $3 billion for mental health. More than 9,000 mental health
professionals, backed up by primary care physicians and other health
professionals in every VA medical center and outpatient clinic, provide
mental
health care to about 1 million veterans each year. [Source: VA Press
Release 30 Jul 07 ++]
VET CEMETERY ALABAMA: Rep. Spencer Bachus [R-AL-06] helped secure $8
million to purchase land in Montevallo AL for a National Veterans
Cemetery. The 479-acre parcel of land was bought by the Department of
Veterans Affairs. The cemetery will be next to American Village in Shelby
County and is expected to open in the fall of 2008. Bachus worked to have
$18 million for the cemetery project included in President Bush's
budget request for fiscal year 2008. The VA also awarded a contract for
field testing and topographic work that will lead to a final design for
the
cemetery. A full design contract is expected to be awarded in the fall
and actual construction is projected to begin in the spring of 2008.
According to the VA, the first phase of the project will provide 9,100
full casket gravesites, a 2,700 unit columbarium for urns and 3,100
in-ground spaces for cremated remains. The acreage at the cemetery will
accommodate burials for 40 to 50 years. In 2003, Congress directed
the VA
to establish a new cemetery in the Birmingham area, which has a
population of more than 210,000 veterans who do not have access to a
burial
option in a national cemetery. [Source: Birmingham Business Journal
Jimmy DeButts article 26 Jul 07 ++]
VA DATA BREACH UPDATE 36: Last year, the personal information of over
26 million veterans and active-duty personnel was lost when a VA laptop
was stolen from the Maryland home of a VA analyst. As part of their
investigation the GAO audited three VA medical facilities and VA
headquarters in MAR 07. They found that officials at the Washington,
D.C., VA
medical center did not know the location of 28% of their information
technology inventory. Six percent of the IT inventory was missing
from
the Indianapolis medical center, 10% from the San Diego center and 11%
from D.C. headquarters. On 24 JUL GAO McCoy Williams, director of
financial management and assurance in a hearing of the House Veterans
Affairs oversight and investigations subcommittee said, “The four
locations
we audited put IT equipment at risk of theft, loss and misappropriation
and pose continuing security vulnerability to our nation’s veterans
with regard to sensitive data maintained on the equipment.” The
audit
also found that used hard drives waiting to be cleared were stored in
unsecured bins at the facilities, even though many of them contained
sensitive data. Rooms where potentially sensitive data was stored also
lacked
required security, auditors said. In addition to the items that are
currently missing, GAO disclosed the audited VA locations reported a
total of 2,400 missing IT items valued at $6.4 million over 2005 and 2006.
VA does not know who was using the computers before
they went
missing or what information was stored on them and acknowledged the
possibility exists for information to be stolen. VA officials
cautioned that
missing laptops do not necessarily equal stolen information but
nevertheless said the chance for a security breach still exists. They are
working to put in place better safeguards to keep tabs on where equipment
goes and who has it. Towards this they have put together a handbook for
tracking equipment and will soon put in place new tracking software.
Officials said that since the investigation was concluded, 1,457 of the
1,900 items missing from headquarters have been recovered. That leaves
443 items that are simply lost and likely will never be recovered. Rep.
Tim Walz (D-MN) an Iraq veteran said the effects of data insecurity
extend beyond potential loss. He said the carelessness of VA is
demoralizing to veterans. “It has a very corrosive effect in trusting the
VA in
general,” Walz said. “Each of the [committee] members are sensing the
frustration among constituents and veterans that this is one of the
issues we speak of often and see very little movement on.” [Source:
Air
Force Times Amy Doolittle article 35 Jul 07 ++]
MEDICARE HOSPICE CARE: Introduced in the United States as a grassroots
movement more than 30 years ago and added as a Medicare entitlement in
1983, hospice care is now considered part of mainstream medicine, as
evidenced by growing patient enrollment and Medicare expenditures. In
2005, more than 1.2 million Americans received hospice care.
Medicare is
the primary payer for hospice care in approximately 80% of cases, with
care most often provided in the patient's home. After enrollment, a
plan of care is developed in accordance with the needs and wishes of the
patient and family, often tempered by the presence or absence of
caregivers to participate in day-to-day care. The primary goal is to
ensure
that pain and such symptoms as insomnia, dyspnea, depression,
constipation, agitation, nausea, and emotional and spiritual distress are
aggressively addressed. Most clinical care is provided by a hospice nurse,
and
the vast majority of patients are not seen by a physician. Hospice
emphasizes an interdisciplinary approach to care. In most cases, at least
once every other week, the hospice team — nurses, social workers, a
pastoral counselor, the bereavement coordinator, and the medical director
— meet to discuss the needs of the patient and family. In the interim,
nurses call attending physicians with their recommendations. As a
patient's disease progresses, the hospice plan shifts to accommodate
decreasing independence, alterations in symptoms, and changing
psychosocial
needs.
Commercial insurers also provide hospice benefits, but
the
specifics of coverage vary. Under Medicare, most expenses related to the
terminal diagnosis are paid in full, including all medication and
equipment
and all visits by hospice nurses and home health aides. Expenses
related to other diagnoses remain covered by the patient's primary
insurance
provider. Hospice services include intensive emotional and spiritual
counseling, 24-hour crisis management, and bereavement support for at
least one year after the patient's death. This care can successfully
address the critical end-of-life concerns that have been identified in
numerous studies: dying with dignity, dying at home and without
unnecessary
pain, and reducing the burden placed on family caregivers. Evaluation
studies reveal consistently high family satisfaction, with 98% of
family members willing to recommend hospice care to others in need.
The
extensive expertise of physicians specializing in hospice and palliative
medicine was recognized in 2006, when the field was accredited as a
fully independent medical subspecialty. To determine eligibility, the
attending physician and hospice medical director must certify that to the
best of their judgment, the patient is more likely than not to die within
6 months. Responsibility for determining ongoing eligibility rests
with the director. To assist physicians in prognosticating, Medicare
provides broad guidelines for many medical conditions but these guidelines
do not represent hard-and-fast requirements. Coexisting conditions or a
particularly rapid functional decline can outweigh strict adherence to
written requirements. [Source: New England Journal of Medicine
article
26 Jul 07 ++]
VETERAN FEDERAL EMPLOYMENT UPDATE 04: The Office of Personnel
Management (OPM) is issuing interim regulations to implement a change to
the
definition of “active duty” contained in Sec. 211.102(f) of title 5,
Code of Federal Regulations in response to a Merit System Protection Board
(MSPB) decision that affects eligibility for veterans’ preference
based on a service-connected disability. This action will conform OPM’s
regulations with MSPB’s decision. Under existing regulations there is a
possibility that Reservists or National Guard members with a
service-connected disability who are released or discharged from active
duty may be
denied veterans’ preference based upon the current language in
regulations. The revised language in this interim regulation will
ensure service-connected disabled individuals discharged or released from
active duty in the armed forces receive the veterans’ preference. Vets
who are disabled or who served during certain periods have preference in
federal jobs.
Veterans preference is designed to provide an
additional 5 or 10
points to an applicant’s test score to give first consideration for
certain jobs, and preference in job retention dependent upon the
experience of the applicant For example: If an applicant scores 80
points then
their veterans’ preference will be added to that total. Within that
score, say 85 points, veterans must be placed above all other candidates
of the same score. Then out of those scores, the 3 highest scores
(out
of 100) are advanced to the selection process. Preference is also
provided for:
1) Unremarried widows(ers) of deceased vets.
2) Mothers of military personnel who died in service.
3) Spouses of service-connected disabled vets who are no longer able to
work in their usual occupations.
4) Mothers of vets who have permanent and total service-connected
disabilities.
[Source: Federal Register: July 27, 2007 (Volume 72, Number 144) ++]
WOUNDED WARRIOR ASSISTANCE UPDATE 03: By voice vote, the full Senate
passed S.1283, the Senate version of HR 1585, the Wounded Warrior Act,
after amending it to include authorization for a 3.5% pay increase
effective 1 JAN 07. The House Appropriations Committee did something
similar moments earlier, quickly approving by voice vote a $463.1 billion
defense funding bill for the fiscal year that begins Oct. 1. That includes
$2.2 billion to fully cover the cost of the 3.5% military raise
pending in Congress, despite Bush administration objections. The Senate’s
wounded warrior package would:
- Provide three years of post-service military medical care to
combat-injured veterans;
- Order the Pentagon and Veterans Affairs Department to develop a
common disability assessment system by 1 JAN 08;
- Make it more difficult for the services to blame mental health
problems on alleged pre-service conditions; and
- Order a minimum severance pay for disabled service members of at
least six months of basic pay for noncombat disabilities and one year of
basic pay for combat-related disabilities.
Both the pay raise and the package for injured combat veterans had been
tangled up in a Senate’s squabble over Iraq policy. Senate Majority
Leader Harry Reid (D-NV) said he didn’t want to delay legislation to help
wounded troops, and he didn’t want troops and their families to have
any doubts about the fate of the proposed 3.5% raise. The legislation,
among other things, seeks to end inconsistencies in disability pay by
providing for a special review of cases in which service members received
low ratings of their level of disability. The aim is to determine
whether they were shortchanged. It also would boost severance pay and
provide $50 million for improved diagnosis of veterans with traumatic
brain
injury or post-traumatic stress disorder. Differences between the House
and Senate bills will have to be worked out in negotiations that could
start as early as next week. [Source: NavyTimes Rick Maze
article 26
Jul 07 ++]
MOBILIZED RESERVE 25 JULY 07: The Army, Air Force and Marine Corps
announced the current number of reservists on active duty as of 25 July 07
in support of the partial mobilization. The net collective result is
3,640 more reservists mobilized than last reported on 13 JUN 07. At any
given time, services may mobilize some units and individuals while
demobilizing others, making it possible for these figures to either
increase or decrease. The total number currently on active duty in support
of
the partial mobilization for the Army National Guard and Army Reserve
is 78,653; Navy Reserve, 5,002; Air National Guard and Air Force
Reserve, 5,753; Marine Corps Reserve, 5,915; and the Coast Guard Reserve,
301.
This brings the total National Guard and Reserve personnel who have
been mobilized to 95,624, including both units and individual augmentees.
A cumulative roster of all National Guard and Reserve personnel, who
are currently mobilized, can be found at
http://www.defenselink.mil/news/Jul2007/d20070725ngr.pdf.
[Source: DoD
News Release 25 Jul 07 ++]
WRAMC UPDATE 11: The President’s Commission on Care for America’s
Returning Wounded Warriors which he commissioned on 6 MAR to investigate
veterans' care has recommended an overhaul of the military health
care
system. Seriously wounded troops returning from the war should have
a
patient-centered recovery plan that will smoothly and seamlessly guide
them and their families through the recovery process. The New York
Times said the panel’s conclusion was spurred by a series of embarrassing
news reports about the substandard treatment returning soldiers received
at Walter Reed Army Medical Center. Yet even as it called for change,
the report avoided harsh assessment of the Administration's handling of
the military and veterans health care systems. Instead, it portrayed
many of the problems as resulting from advances in modern medicine that
have allowed soldiers to survive injuries that would have killed them
in previous wars. President Bush met 25 JUL with the panel’s
co-chairmen, former Sen. Bob Dole and former HHS Secretary Donna Shalala,
to
discuss their findings which were widely reported on by the nation’s
press.
ABC World News reported the panel said fundamental changes are needed
to a system exposed as under-staffed, under-funded and under pressure
from an unexpected flow of severely injured troops. If adopted, the
recommendations would radically overhaul the current system, described by
the commission as a patchwork of programs, rules and regulations that
has become tremendously complex and often leads to real or perceived
inequities. Among the changes recommended by the panel were:
- The creation of a recovery plan for every injured veteran.
- Extension of the Family Leave Act to allow relatives to care for an
injured service member for up to six months without losing their jobs.
- Creation of a "My eBenefits" website that centralizes all the
information about benefits for vets and their families.
- Boost staff and money for Walter Reed until it closes in the coming
years.
- Restructure the disability pay systems to give the VA more
responsibility for awarding benefits.
- Require comprehensive training programs in post-traumatic stress and
traumatic brain injuries for military leaders, VA and Pentagon
personnel.
ABC noted that it is just the latest in a long list of similar reports
that have not fixed the problem and the Washington Times reported Sen.
John Kerry criticized the President for foot-dragging on yet another
bipartisan commission's findings. When asked if there is the
political
will in Washington right now to implement the recommendations,
co-chairman and former Sen. Bob Dole said on CNN's Situation Room, "No,
but we
were told, if we produced a good product...there would be some action.
And this came from the highest levels at the White House. And we
told...the President this morning that we think we have a good product, so
we
hope there's going to be some executive action very soon." Co-chairman
Donna Shalala said the cost of implementing the commission's proposals
is about $500 million with added costs that could push it to $1 billion
in later years, which is much less than what Congress is planning to
spend. Of 35 total recommendations (only two of which were directed
specifically at Walter Reed) just six would require legislation. The other
29 can be acted upon by the Defense Department or the Department of
Veterans Affairs. Panel co-chairman Bob Dole said he is going to be
checking in with the White House to ensure changes are made
The Associated Press (AP) said that among the
recommendations was
an indirect rebuke of the VA -- a call for Congress to enable all
veterans who have been deployed in Afghanistan and Iraq who need
post-traumatic stress disorder care to receive it from the VA. The AP
notes that
only recently, the VA has taken steps to add mental health counselors
and 24-hour suicide prevention services at all facilities, after
high-profile incidents of veterans committing suicide. In addition, the
report
does not seek to directly criticize or lay blame for shoddy outpatient
treatment at Walter Reed Army Medical Center that led to the creation
of the commission. On CNN's Situation Room Dole said, "We're not saying
that everything is bad. Most everyone tells us the great care they
receive at VA hospitals or Army or Navy hospitals. It's in the
bureaucratic nightmare that sometimes -- not every time, but sometimes --
happens
when they transfer from, say, DoD to the Veterans Administration,
waiting for a doctor's appointment, waiting for their benefits." President
Bush told reporters at the White House late Wednesday that he had
directed the defense secretary, and the secretary of veterans’ affairs,
“to
take the recommendations seriously, and to implement them, so that the
administration can say with certainty that any soldier who has been hurt
will get the best possible care and treatment that this government can
offer.” [Source: Various 26 Jul 07 ++]
MILITARY SPOUSE FRIENDLY WORKPLACES: Military Spouse magazine
recently released their list of “Top 10 Military Spouse Friendly
Employers”.
USAA topped the list and was noted for exemplary HR policies. In
addition, USAA has a stated goal to comprise 20% of its workforce with
military and military spouses. All of the companies on the list offer
comprehensive benefit packages, job sharing, tuition assistance, on-site
child
care, and liberal leave and re-employment policies. Other evaluation
criteria included efforts to recruit military spouses, results in
recruiting spouses, and policies for spouses of Reserve and Guard members.
Other companies on the list, in order of rank, were AAFES, RE/MAX, The
Home Depot, Wachovia, Computer Sciences Corporation (CSC), Sears Holdings,
Kelly Services, Lockheed Martin, and Starbucks. [Source: Military
Spouse Magazine press release Jul 07 ++]
VA HEALTH CARE FUNDING UPDATE 10: At a U.S. Senate Committee on
Veterans’ Affairs hearing held 19 JUL on funding for the Department of
Veterans Affairs, U.S. Senator Larry Craig warned that mandatory funding
will
not solve the long-term funding needs of that agency. “We already have
three very large programs that are considered to be funded by
mandatory spending. Namely: Social Security, Medicare, and Medicaid,”
Craig
said. “Very few younger Americans believe that Social Security will give
them much, if anything, when they retire. Being a ‘mandatory’
program
is no cure-all. We need across the board reform.” Mandatory funding is a
long-sought goal of many of the nation’s veterans’ organizations. But
Craig noted that unless Congress changes course, federal spending on
Medicare, Medicaid and Social Security will crowd out every other federal
program - including defense and homeland security. He pointed to
remarks by the director of the non-partisan Government Accountability
Office
(GAO), who recently warned lawmakers that unless changes are made in
federal spending, the federal government will be able to do little more
than pay interest on the mounting debt and some entitlement benefits.
Craig also noted that Federal Reserve Chairman Ben Bernanke recently
warned Congress that the time to fix the nation’s fiscal problems started
“ten years ago.”
The Idaho Republican has been working on a solution for
more than
20 years. He is a long-time sponsor of the Balanced Budget Amendment
and reintroduced that legislation in January - the first day Congress met
this year. At that time Craig said that the solution to true fiscal
responsibility is three-fold:
- We must not simply reduce the deficit, but eliminate it;
- We must not amend the tax code, but replace it; and
- we must not talk about limiting spending, but legally cap it.”
During the 19 JUL hearing Craig told his colleagues, “Congress not only
isn’t addressing the current problems, but we’re here considering
legislation to add to the problem.” While a budget hawk on many federal
programs, Craig has advocated for more federal spending on veterans’
programs. In MAR 07 he endorsed a record $86.4 billion budget for VA next
year - which is almost 8% over this year’s budget and would be 77% larger
than it was when President Clinton left office in 2001. “Veterans are
absolutely a priority to me. That’s a choice I have consciously made,”
Craig said. “But a mandatory agency budget would, in my judgment, be
terrible national fiscal policy.” While cautioning his colleagues about
establishing mandatory funding for VA, the Idaho Republican noted that
now that the Democrats are in power, they have not actively been pursing
mandatory funding either. For additional info on the Senate Veteran
Affairs Committee refer to
http://veterans.senate.gov/public. [Source:
SVAC Ranking Member News 25 Jul 07 ++]
MEDICINE BOUGHT ONLINE: The Food and Drug Administration (FDA)
cannot
warn people enough about the possible dangers of buying medications
online. Some Web sites sell medicine, such as prescription and
over-the-counter drugs, that may not be safe to use and could put people's
health
at risk. The current system of federal and state safeguards for
protecting consumers from using inappropriate or unsafe drugs has
generally
served the country well. But FDA says that the best way consumers can
protect themselves is to become educated about safe online shopping.
Buying such prescription and over-the-counter drugs online from a company
you don't know means you may not know exactly what you're getting. While
many Web sites are operating legally and offering convenience,
privacy, and the safeguards of traditional procedures for dispensing
drugs,
consumers must be wary of "rogue Web sites" that aren't operating within
the law. A Web site can look very sophisticated and legitimate but
actually be an illegal operation. These sites often sell unapproved drugs,
or if they market approved drugs, they often sidestep required
practices meant to protect consumers. Some Web sites sell counterfeit
drugs.
Although counterfeit drugs may look exactly like real FDA-approved drugs,
they are not legitimate and are of unknown quality and safety. If
you're considering buying medicine over the Internet, look for Web sites
with practices that protect you. If there is no way to contact the Web
site pharmacy by phone, if prices are dramatically lower than the
competition, or if no prescription from your doctor is required, you
should be
especially wary. Safe Web sites should:
- Be located in the United States.
- Be licensed by the state board of pharmacy where the Web site is
operating (visit www.nabp.info for a list of state boards of pharmacy).
- Have a licensed pharmacist available to answer your questions.
- Require a prescription from your doctor or other health care
professional who is licensed to prescribe medicines.
- Provide contact information and allow you to talk to a person if you
have problems or questions.
The National Association of Boards of Pharmacy's (NABP) Verified
Internet Pharmacy Practice Sites Seal, also known as VIPPS Seal, gives a
seal
of approval to Internet pharmacy sites that apply and meet state
licensure requirements and other VIPPS criteria. People can be confident
that Web sites that are VIPPS-approved are legitimate. Legitimate
pharmacies that carry the VIPPS® seal are listed at www.vipps.info.
Unsafe Web
sites:
- Typically don't know your medical history or the details about your
current illness or condition.
- Send you drugs with unknown quality or origin.
- Could give you the wrong medicine or another dangerous product for
your illness.
- May sell prescription drugs even without a prescription—this is
against the law!
- May not protect your personal information.
For additional info on the possible dangers of buying medicine online
refer to
http://www.fda.gov/consumer/features/drugsonline0707.html.
[Source: FDA Consumer Update 2 Jul 07 ++]
CAMP LEJEUNE TOXIC EXPOSURE: Sen. Elizabeth Dole (R-NC) said 19 JUL
that military officials should directly inform hundreds of thousands of
Marine families and workers that they drank and washed in
toxin-contaminated water at Camp Lejeune in North Carolina. Dole,
wants to force
the secretary of the Navy to locate and notify Marines and civilians who
were exposed to the water up until the mid-1980s when the base shut
down contaminated wells. In a new twist, Marine officials raised the
prospect that the same contaminants may endanger residents in the form of
vapors that can be inhaled. The base is testing to see if vapors are
seeping through soil into homes and buildings from a groundwater plume.
Officials said the drinking water has been safe for many years. Previous
monitoring from the Environmental Protection Agency showed the
underground plume was "no where near any of the buildings or residential
areas,"
according to Maj. Nat Fahy, the base spokesman. However, the base
and
EPA recently began testing when health investigators from the Agency
for Toxic Substances and Disease Registry reported that their new water
model showed the plume had migrated beneath homes and a school as far
back as the 1960s. The model only went up to 1994 and contained some
inherent uncertainties, according to agency investigators, who are
studying health effects from the past contaminated water. Some hazardous
clean-up work also has occurred since then.
Dole's notification requirement was in an amendment she
offered to
a broad military money bill before the legislation was pulled from the
floor in a showdown over Iraq. The larger bill (NDAA) may be back as
soon as September. Government health officials have estimated that as
many as one million people may have been exposed during three decades of
water contamination going back to 1957, a situation examined in a
recent Associated Press investigation. The numbers include Marines in
barracks and military families living on the sprawling Atlantic training
and
deployment base, and civilians who worked there. Her measure also aims
to help answer questions about health effects by having those exposed
give government health investigators information on their illnesses.
Declining to comment specifically on Dole's proposal, spokeswoman Capt.
Amy Malugani said the Marines "continue to work closely" with Dole and
other lawmakers on the issue. The Corps is seeking "ways to improve and
enhance our communications and notification processes," she said. The
base in 1985 told residents about "minute, trace amounts" of
contamination, when some levels had reached more than 200 times today's
safe
drinking water standards.
The groundwater contamination stemmed from industrial
activity and
hazardous waste on the base and from a neighboring dry cleaner.
Trichloroethylene and tetrachloroethylene, solvents used for degreasing
and
dry cleaning, and other toxic chemicals were identified in water
sampling that eventually led to the well closures. Studies have linked the
chemicals to leukemia, non-Hodgkin's lymphoma, birth defects and several
other cancers. Dole's amendment differs from an earlier measure that
allows the military to reach out through the media rather than directly
notifying those exposed, and requires notification only after completion
of a government health study. Dole's new measure would require
notification to begin shortly after the bill's passage. Officials at
the
Agency for Toxic Substances and Disease Registry said they received some
1,500 calls from citizens who didn't know of the contamination until they
read about it in an Associated Press investigative story and subsequent
coverage of a congressional hearing in June. Many of those who called
were former base residents who wondered if their cancers and other
illnesses were related to it. Concerned personnel who want to let
their
representatives know how they feel on this issue can access a
preformatted letter or draft their own at
http://capwiz.com/military/issues/alert/?alertid=10049766&type=CO.
[Source: Associated Press article 19 Jul 07 ++]
VA CLAIM BACKLOG UPDATE 09: House Republicans are proposing a plan
to
overhaul veterans’ disability claims processing, including a move that
would automate portions of the process. The automated system,
Republican officials said, would handle simpler claims and allow employees
to
handle more complicated ones. The Veterans Affairs Department has a
backlog of 400,000 pending claims. H.R.3047 introduced 16 JUL by Rep.
Doug Lamborn (R-CO) and Rep. Steve Buyer (R-IN) seeks to reduce the
backlog by speeding up the process. VA already uses some automation,
but no
claim decision is completely computerized, said Jeff Phillips, a
spokesman for the House Veterans’ Affairs Committee’s Republican office.
The
proposed program would streamline that automation by using a system
similar to one insurance companies have been using for 30 years.
“Currently the VA does what it’s been doing for generations, and that is
deciding cases manually,” Phillips said. “We here in the minority office
think
that there is a better way for some of the claims.” The program would
use a rules-based automation software where information is input and
vetted with little human interaction, Lamborn said. “We think
technology
is available that would speed up simple claims and requests,” he said.
“Simple claims through automation hopefully go a lot faster, and that
would reduce the backlog and get veterans what they deserve faster.”
At least 20 percent of VA’s claims can likely be
automated through
the technology, said Craig Weber, senior analyst with Celent, a
Boston-based consulting firm that handles information technology.
“It turns
out in almost any business process, rules-based processing is useful,”
he said. “There’s typically 20 to 40% of the work items that can be
processed in an automated fashion.” Weber, who has studied and used
the
software since the late 1980s, said the biggest hurdle frequently is
convincing human adjusters they are no longer needed for some claims.
“It’s hard to change human behavior, and people don’t want to admit that
what they’ve been doing can be boiled down to 10 questions and yes and no
answers,” he said. “But the point to make for those people is that
we’re not taking away work where you’re adding value, we’re freeing you up
to add more value elsewhere.” VA officials declined to comment on the
pending legislation but said new rules, regulations and programs from
Congress can cause further headaches for the department. “We’re
constantly being impacted by court decisions as well as legislation by
Congress that says you’re going to do this, that and the other thing,”
said
Steve Westerfeld, a VA spokesman. [Source: Federal Times Amy
Doolittle
article 23 Jul 07 ++]
VA CLAIM BACKLOG UPDATE 10: In a Wednesday interview taped for
C-SPAN’s Newsmakers program, that aired 29 JUL, VA Secretary Nicholson
said
he was willing, on a trial basis, to try to tackle the large and growing
backlog of disability claims with a program that would assume anyone
who filed for compensation deserves the payment. After the first check
is issued, a claim could be reviewed, with the possibility that payments
could be adjusted, Nicholson said. This speedy process would apply
only for initial claims, not for people already receiving disability pay
who are seeking to have their ratings revised upward. More than half of
the estimated 600,000 claims pending at any time are for people who
are already receiving disability compensation for a service-connected
injury or disease, Nicholson said. The automatic payment process
would
take many changes in law and “a new cultural frame of mind,” Nicholson
said, but added, “We want to do it quicker. It irritates people.
Everybody would have to understand the new system, including the
possibility
that the benefits they are receiving could be reduced, increased or even
canceled. This would be quick but not necessarily permanent,” he said
of the payment.
He won’t be around to see such a change, however, as he
has
announced he will retire no later than 1 OCT to return to private
business.
The Bush administration and many veterans’ groups have raised red flags
over the initiative endorsed by Nicholson out of fear it could lead to
widespread cheating by veterans who would assume they could get paid
without having to provide any proof of their medical condition. In
the
interview, Nicholson mentioned the possibility that veterans found to be
ineligible or who receive a bigger payment than warranted could be
forced to repay the government, something rarely required under current
law because the initial claims process, which now takes an average of 177
days, weeds out most blatant errors and fraud. Automatic processing
of at least simple claims is getting a lot of attention in Congress as a
potential way to speed initial paychecks while allowing VA to
concentrate on the more difficult claims, such as veterans with multiple
disabilities and complicated medical histories that make it challenging to
determine whether there is a military cause for the problems.
A big push in Congress for automatic benefits approval
came after
a March discussion before the House Veterans’ Affairs Committee where
Linda Bilmes of Harvard’s Kennedy School of Government warned that
radical change is needed because the backlog of benefits is only going to
get worse. By her estimate, 250,000 to 400,000 disability claims will be
filed over the next two years by Iraq and Afghanistan war veterans. She
proposed having VA pay all disability claims filed by new combat
veterans under a streamlined system that included only four ratings levels
instead of the current 10. Bilmes’ idea has since been introduced as
legislation by several lawmakers. Nicholson’s endorsement of the basic
concept could be of limited help to sponsors because his 1 OCT
resignation date means he will not be around to see even a pilot project
implemented. [Source: NavyTimes Rick Maze article 26 Jul 07 ++]
VA LAWSUIT (RELIGIOUS DISCRIMINATION): A former pharmacist at the Bay
Pines VA Medical Center has won a $300,000 federal jury award against
the Department of Veterans Affairs over an allegation of religious
discrimination. Lynne C. Krop, 45, of Clear-water said during a four-day
trial that ended 19 JUL in U.S. District Court that the VA refused to
allow her time off without pay for Jewish religious holidays. Krop’s
attorneys argued that the VA was obligated under federal law to provide
the
time off. Instead, the VA told Krop to take vacation and sick leave, the
suit said, which she wanted to save for family vacation. Krop said she
was essentially forced to resign over the dispute in 2004 after 14
years at the VA. Krop’s attorney, Joe Magri, said in an interview on
Monday. “They were dealing with an employee who was deeply into her faith
and family. Somebody who clearly did such a great job for veterans is no
longer working for the VA over foolish reasons.” Magri said Krop was an
outstanding and highly respected employee. Krop, who worked as an
infectious disease clinical pharmacist and clinical residency director,
could not be reached for comment. The VA declined to comment pending an
appeal.
Krop said in the lawsuit that it was VA policy to allow
employees
to take time off without pay for any reason. In fact, she had
previously been allowed time off for religious holidays. But she said that
changed when her supervisor retired. In DEC 03, Krop said the new
supervisor
told her that she was taking too much time off, noting that Krop had
used 146 hours of leave without pay in that year alone. The new
supervisor also refused to allow her to come in to work 15 minutes later
several times a week so Krop could bring her children to school. On those
days, Krop would have worked 15 minutes later. Her supervisor said Krop
wanted to take time off for vacations and family events, as well as
religious holidays. and that if he made an exception for Krop, he’d have
to
do it for everybody. The VA said it offered Krop alternatives, other
than using vacation leave, which would have allowed her to take off the
holidays. After the dispute, Krop said her supervisors put her under a
microscope, looking for reasons to reprimand her. “It became
intolerable,” her lawsuit said, “and she felt that the only way to salvage
a
positive professional reputation was to resign.” The VA denied the charge.
[Source: St. Petersburg Times William R. Levesque article 24 Jul 07
++]
VA LAWSUIT (LACK OF CARE): Frustrated by delays in health care,
injured Iraq war veterans accused VA Secretary Jim Nicholson in a lawsuit
of
breaking the law by denying them disability pay and mental health
treatment. The suit has no named individual plaintiffs, which the
attorneys
said was largely due to veterans' fear of retribution by the VA. The
lawsuit seeks class standing to represent all veterans applying for or
receiving compensation for service-connected death or disability. The 73
page complaint
[http://www.dralegal.org/downloads/cases/Veterans/Media_Complaint_Final.pdf]
against the U.S. Department of Veterans Affairs, filed 23 JUL in
federal court in San Francisco, seeks broad changes in the agency as it
struggles to meet growing demands from veterans returning home from Iraq
and
Afghanistan. Suing on behalf of hundreds of thousands of veterans, it
charges that the VA has failed warriors on numerous fronts. It contends
the VA failed to provide prompt disability benefits, failed to add
staff to reduce wait times for medical care and failed to boost services
for post-traumatic stress disorder. The lawsuit also accuses the VA of
deliberately cheating some veterans by allegedly working with the
Pentagon to misclassify PTSD claims as pre-existing personality disorders
to
avoid paying benefits. The VA and Pentagon have generally denied such
charges. Paul Sullivan, executive director of Veterans for Common Sense,
which filed the lawsuit said, "When one of our combat veterans walks
into a VA hospital, then they must see a doctor that day. When a war
veteran needs disability benefits because he or she can't work, then they
must get a disability check in a few weeks. The VA has betrayed our
veterans.”
The lawsuit comes amid intense political and public
scrutiny of
the VA and Pentagon following reports of shoddy outpatient care of
injured soldiers at Walter Reed Army Medical Center and elsewhere. The
complaint seeks to represent between 320,000 and 800,000 veterans of the
Iraq
war who lawyers say are at risk of having PTSD. Ultimately, a federal
judge will have to decide whether the lawsuit is properly deemed a
class action that adequately represents them. As of 31 MAR, roughly 52,375
Iraq veterans were evaluated at VA facilities for suspected PTSD,
according to an internal quarterly VA report released Monday to The
Associated Press. The complaint says, “Unless systemic and drastic
measures
are instituted immediately, the costs to these veterans, their families
and our nation will be incalculable, including broken families, a new
generation of unemployed and homeless veterans, increases in drug abuse
and alcoholism, and crushing burdens on the health care delivery
system." It asks that a federal court order the VA to make immediate
improvements.
Earlier this month, a federal appeals court in San
Francisco
issued a strong rebuke of the VA in ordering the agency to pay retroactive
benefits to Vietnam War veterans who were exposed to Agent Orange and
contracted a form of leukemia. More recently, following high-profile
suicide incidents in which families of veterans say the VA did not provide
adequate care, VA Secretary Nicholson pledged to add mental health
services and hire more suicide-prevention coordinators. Some veterans say
that's not enough. In the lawsuit, they note that government
investigators warned as early as 2002 that the VA needed to fix its
backlogged
claims system and make other changes. Yet, the lawsuit says,
Nicholson
and other officials still insisted on a budget in 2005 that fell $1
billion short, and they made "a mockery of the rule of law" by awarding
senior officials $3.8 million in bonuses despite their role in the budget
foul-up. Today, the VA's backlog of disability payments is between
400,000 and 600,000, with delays of up to 177 days to process an initial
claim and an average of 657 days to process an appeal. Several
congressional committees and a presidential commission are now studying
ways to
improve care.
Former national commander of the American Legion Tom
Bock
commented that he is generally supportive of the lawsuit, although he
added he
does not know the details of it. "The fact that it's bringing attention
(to the issues) to the public - that's admirable” he said. However,
he does not know if a lawsuit is the way to get the VA to make changes.
Instead, he said the American Legion has concentrated on getting the VA
properly funded. Melissa W. Kasnitz, managing attorney for
Disability
Rights Advocates, said in a telephone interview "While steps can and
will be taken in the political arena, responsibility for action lies
with the agency itself. We don't believe the problems will be fixed by the
VA if we wait for them”. Her group is teaming up with a major law
firm, Morrison & Foerster, to represent the veterans. Gordon P.
Erspamer,
a partner at Morrison & Foerster, stressed that the lawsuit does not
seek to make a partisan statement about the Iraq war but instead finally
force action after years of delay. "This is the worst it's ever been
for veterans, and it's only going to get worse," he said. The
lawsuit
cites violations of the Constitution and federal law, which mandates at
least two years of health care to injured veterans. The veterans
groups involved in the lawsuit are Veterans for Common Sense in
Washington,
D.C., which claims 11,500 members, and Veterans United for Truth, based
in Santa Barbara, Calif., with 500 members. [Source: AP Writer Hope
Yen article 24 Jul 07 ++]
VA LAWSUIT (WRONGFUL DEATH): The family of an Iraq war veteran filed
suit 26 JUL accusing Veterans Affairs Secretary Jim Nicholson of
negligence in the suicide death of their son. The lawsuit, filed in
federal
court in Springfield MA says the VA is to blame for the death of
23-year-old Jeffrey Lucey, a Marine who killed himself in June 2004 after
he
allegedly was denied mental health care following a tour in Iraq. The
lawsuit seeking unspecified damages names Mr. Nicholson, who is leaving
his job, and the American government as defendants. The action comes
just days after the group Veterans for Common Sense sued Mr. Nicholson and
the VA on behalf of injured Iraq war veterans. That lawsuit accuses
the agency of unlawfully denying the veterans disability pay and mental
health treatment. Lucey's father says he and his wife hope their lawsuit
will force the Bush administration to take swift action to fix the VA.
"They've got to look at the entire system of the VA," Mr. Lucey said,
who spoke from his home in Belchertown MA. "We're hoping that it goes
to trial and that people can truly see how dysfunctional the system is."
According to the complaint, Lance Cpl. Jeffrey Lucey began to
experience difficulties several months after returning from Iraq. He had
nightmares, vomiting, and began drinking heavily. Depression set in. He
told
his sister he had a rope and tree picked out behind the family home and
needed to keep a flashlight by his bed to check for camel spiders he
heard at night. His parents took him to the Northampton VA Medical
Center and he was involuntarily committed for help. He was released a few
days later after VA personnel said they couldn't make an assessment of
his posttraumatic stress disorder until he was alcohol free, said the
complaint. A few days later, his family took Lucey back to the center, but
the lawsuit says the staff turned him away. Kevin Lucey found his son
dead, hanging from a beam in the cellar two weeks later. [Source:
Associated Press Jennifer Kerr article27 Jul 07 ++]
WEST VIRGINIA VETERANS HOMES UPDATE 01: After nearly a year of
delays, West Virginia's first state-owned veterans nursing home is on
track
to open to patients in AUG 05. Initially the official start date of
construction was 12 APR 04 with completion and opening scheduled for MAY
06. The home was dedicated in NOV 06 but its opening has been pushed back
several times for various reasons, including communications system and
air control problems. A federal inspection scheduled for late JUL at
the West Virginia Veterans Nursing Home is one of the last hurdles for
the Clarksburg facility, said Larry Linch, state director of Veterans
Affairs. State Department of Military Affairs and Public Safety spokesman
Joe Thornton said the nursing home should pass the inspection with
flying colors. The home passed a state inspection two weeks ago that looks
at many of the same things as the federal one. Sixteen patients have
already been identified and are scheduled to begin checking into the
nursing home the first week of AUG, barring any problems brought up in the
federal inspection. Veterans are eligible for housing if they served
on active duty for at least 12 continuous months or were honorably
discharged with a service-related disability. They also must be residents
of
West Virginia and cannot suffer from a mental illness, mental
retardation or substance abuse. Eventually the $26 million,
90,000-square-foot
home, which is connected to the Louis A. Johnson V.A. Medical Center,
will house about 120 residents, including up to 20 in a wing for
Alzheimer's patients. It plans to employ 190 people at the home with such
amenities as screened-in sun rooms, a library, chapel, gardens and
gazebos.
The state helped fund construction of the home with a bond sale passed
in 2001 with the selling of Veterans scratch off lottery tickets
providing the state’s 35% matching monies. The federal Veterans
Affairs
Administration paid the remaining 65% of the cost.
West Virginia also has a domiciliary style veterans’
home located
in the Village of Barboursville, fifteen miles from downtown
Huntington. Basic eligibility requirements are:
- Veterans must have been discharged from the service with an honorable
discharged from service with an honorable discharge or with a general
discharge under honorable conditions.
- Veterans discharged after September 7, 1980 must have served at
least 24 consecutive months.
- The veteran must have been a resident of the State of West Virginia
from one year immediately prior to applicant or entered military
service from the state. Proof of residency will be required.
- Due to the health and welfare of residents of the Barboursville
Veterans' Home, there are certain pre-admission medical tests which must
be
completed prior to being admitted to the hospital.
- All qualified veterans must be ambulatory and independent in all
activities of daily living. The home is not a treatment facility and
cannot accommodate veterans in need of daily care or skilled assistance.
The
home provides a nursing department and a contract physician. All
medical treatment if provided by the VA Medical Center located in
Huntington. Transportation is provided to the medical center three times
daily.
Rooms available for occupancy accommodate two, three or four persons.
Every effort is made to ensure compatibility between occupants. Female
veterans are most welcome and special lodging accommodations are
provided. A person's income is not a factor in gaining admission, although
residents are required to contribute one-half of his or her monthly income
as their maintenance contribution. The home is very liberal in its
rules and regulations. Residents may leave on a pass for up to three days
by simply signing a daily log sheet. Residents are authorized up to 30
days of furlough per year. Visitation to the home is encouraged and
visitors may enjoy a meal with the residents at a nominal fee. Assistance
with application for residency can be obtained through any of the West
Virginia Division of Veterans Affairs Field Offices listed at
http://www.wvs.state.wv.us/va/offices.htm
or directly to the home at
(304) 736-1027. [Source: Charleston Daily Mail AP article 23
Jul 07
++]
PROSTHETIC LIMBS: Veterans with lower-leg amputations can look
forward to having a prosthetic ankle-foot that matches their natural ease
of
motion, thanks to research funded by the Department of Veterans Affairs
(VA) and conducted by researchers from the Department and two of the
nation’s top universities. Researchers say the new ankle-foot prosthetic
is the first in a new family of artificial limbs. It will replicate
natural motion by propelling people forward using tendon-like springs
powered by an electric motor. Through VA-funded research, the Center for
Restorative and Regenerative Medicine, a partnership between the
Providence VA Medical Center in Rhode Island, Brown University and
Massachusetts Institute of Technology, developed the new prosthesis.
The
center’s goal is to restore natural function to amputees.
Sgt. Juan Arredondo is one of the first people in the
world to
receive a revolutionary bionic hand. It lets him toss a football, install
household fixtures and grasp a mug with less forethought and more
dexterity than traditional prostheses. The iLimb, made by Scotland-based
Touch Bionics, hit the market last week. Just over a dozen people have
gotten one - two of them Iraq war vets. The iLimb is similar to other
"myoelectric" prostheses that sense muscle movements in their user's arm
and send electrical impulses to a computerized hand that is only able to
move a thumb, index and middle fingers in tandem. With the iLimb,
motors in each finger allow them to move independently, giving users
better
control when they grip everyday objects - from knives and forks to
doorknobs. Eventually, doctors will install a motor in the iLimb's wrist
so
that Arredondo's brain will be able to command the hand to turn on its
own, said Troy Farnsworth, who fitted him with the device. Farnsworth,
a prosthetic consultant to the Veterans Administration, said the VA
paid for Arredondo's iLimb, which costs $60,000 to $150,000, depending on
the extent of an amputee's injury.
VA expects to spend more than $1.2 billion this year on
prosthetics and sensory aids, which includes glasses and hearing aids.
The
Department operates about 60 orthotic-prosthetic labs across the country
that fabricates, fit and repair artificial limbs or oversee limbs provided
by commercial vendors. According to a 2004 US Senate report 6% of
soldiers wounded in the Iraq conflict have injuries that required
amputation of a limb, compared with 3% in previous wars. [Source: VA News
Release 23 Jul & NY Daily News article 24 Jul 07 ++]
FLORIDA VETERANS HOMES UPDATE 02: At one time, the idea of a 120-bed
veterans nursing home in St. Johns County, Florida seemed like a slam
dunk. Gov. Jeb Bush first pitched $15.6 million for it in JAN 06. The
Florida Legislature upped it to $17.9 million a few months later. State
officials pulled off a coup by winning federal funds for 65% of the
project through the U.S. Department of Veterans Affairs, meaning only $6
million was needed from state coffers. An opening date was scheduled for
late 2008. In the past year and a half, however, federal budget woes
and bureaucratic snafus have entangled the project, pushing back the
opening to late 2009 and pushing up the price tag to $28.6 million. The
Legislature reacted this past spring, allocating another $4 million to
boost the state’s share to $10 million. While the project isn’t in crisis
mode, it has become a source of frustration for local and state
officials who are eager to help the area’s military families.
The dispute began with a mandate last year by federal
officials
that the facility’s original plan of two veterans per room was inadequate,
and that only single-occupancy rooms were allowed. State leaders
protested, arguing that veterans prefer the companionship and safety of
double-occupancy rooms, especially since many were growing older and
frailer. The other problem: The VA simply ran out of money and notified
the
state in DEC 06 that it would be yanking its $11.6 million share of the
project. Gov. Charlie Crist’s new veterans affairs secretary, LeRoy
Collins Jr., got involved in JAN 07. Collins made Florida’s case directly
to VA officials and may have worked out a compromise: Architects and
designers are meeting to determine how to satisfy the federal mandate for
single-occupancy rooms without losing the double-occupancy concept or
swelling the building’s cost or architectural footprint. Collins says
he hopes for a MAR 08 groundbreaking on a facility that would perhaps
have a mix of single- and double-occupancy rooms. Collins said veterans
shouldn’t read too much into the dispute or blame the U.S. military’s
rising costs in Iraq. He said he was told the 500-bed veterans facility
in Los Angeles actually consumed the VA’s money for the St. Johns
building.
“The frustration does become high, but the VA has a
budget
approximating $75 billion, which is the state of Florida’s entire budget,”
Collins said. “When you’re talking about that kind of money, you
shouldn’t be surprised at the intensity of accountability that’s
necessary. You
just have to deal with it and have patience. If you fling out this
money further and faster, you come up with what happened after Katrina -
fraud.” Talk to your congressman. The veterans’ home was originally
planned for Jacksonville, but city officials never applied for the
facility - even after winning a deadline extension for their application -
and
St. Johns County leaders stepped into the breach in 2003 to win the
project. That put it in the district of just-elected state Rep. Bill
Proctor, R-St. Augustine. Today, Proctor said he too is frustrated with
the
federal mandate, since veterans themselves have told him they prefer
roommates. He also said the federal funds are overdue. “The state has
met its obligations,” Proctor said. “Frankly, I think the veterans
organizations in the area should start talking to their congressmen,
because
as soon as we get the federal money we’re ready to break ground.
[Source: Florida Times-Union J. Taylor Rushing article 21 Jul 07 +]
VETERANS BENEFITS ACT 2007: The Comprehensive Veterans Benefits
Improvements Act of 2007 would make more than 25 separate changes to
veterans' programs ranging from disability payments, to insurance
premiums, to
grants for disabled veterans to adapt their cars to make them easier
to use. This legislation would address long standing injustices in
the
VA and DoD benefit and retirement systems that veterans and their
families have fought to correct for years. Among these changes are:
- Repeal of the VA embargo of new enrollments of Category 8 veterans:
Since January 2003, the VA estimates that more than 1.5 million
category 8 veterans will have been denied enrollment in the VA health care
system by fiscal year 2008.
- Repeal of the prohibition against Concurrent Receipt which requires
a dollar-for-dollar offset of military retired pay for disability
compensation received from the VA. Retired pay is earned for a
career of
uniformed service and VA disability compensation is recompense for pain,
suffering and lost future earning power due to service-connected
disabilities. For that reason veterans should receive both payments
and not
have one offset the other.
- Repeal of the Dependency and Indemnity Compensation-Survivor Benefit
Plan Offset: Under current law, the survivors of veterans who die as a
result of service-connected causes are entitled to compensation known
as dependency and indemnity compensation, DIC. In addition, military
retirees can have deductions from their pay to purchase a survivors
annuity. This is called the Survivor Benefit Plan, SBP. However, if the
military spouse dies from service-connected causes his or her survivors
will
receive a SBP payment offset dollar for dollar by the amount of the
DIC payment they receive. Like the offset between military retiree pay
and VA disability payments, this SBP/DIC offset unfairly denies
beneficiaries the full amount of 2 programs that are meant to compensate
for
different loses.
- Improvement of the Veterans' Claims process and procedures: This
legislation takes a new approach to improving the system for rating claims
by creating an agency dedicated to electronically sharing clinical
information between the VA and the DoD.
This legislation also amends other benefit programs important to
veterans. S.1326 contains many other similar corrections and updates,
bringing benefits into the 21st Century so that these programs are
meaningful
again. These are not controversial proposals. This legislation
should
strengthen the current VA system so that it can fully provide for those
veterans already in the system and those thousands more returning from
Iraq and Afghanistan and all over the world that will soon come to the
VA for care.
Please advise me of your intentions. This bill was introduced by Sen.
Bernard Sanders (I-VT) on 8 MAY 07 and referred to the Senate judiciary
committee. To date only has two cosponsors .One way veterans and
widows can ask their Senators for their cosponsorship and active support
of
this bill is to refer to
http://capwiz.com/usdr/issues/alert/?alertid=10072701&queueid=[capwiz:queue_id].
Here they can automatically forward a preformatted request for support
to their senator or draft their own message for forwarding. [Source:
USDR Action Alert 23 Jul 07 ++]
VDBC UPDATE 19: The congressionally appointed veterans’ benefits
commission decided 18 JUL, by a one-vote margin, to recommend ending the
much-despised restrictions on granting full military retired pay and full
veterans’ disability pay to anyone eligible for both payments,
regardless of disability rating. Specifically, the commission proposed
expanding eligibility for Concurrent Retirement and Disability Pay (CRDP)
to
retirees with 10 to 40% disability ratings and implementing full payment
immediately (putting an end to the ongoing 10-year phase-in period).
But the concurrent receipt recommendation passed by the commission would
not protect troops who receive compensation for combat-related
disabilities unless they served more than 20 years before becoming
disabled.
As such, it would leave out troops placed on medical disability
retirement short of 20 years of service. The 13 commission members,
meeting in
Washington, also decided that it is unfair that the family members of
troops who paid for a Survivor Benefit Plan (SBP) annuity, to replace
the service member’s income after death, should have any of that payment
offset by the amount of a separate monthly Veterans Affairs benefit
paid if the troop died while on active duty under certain circumstances.
If Congress eventually enacts the recommendations, it would
largely
end the more than 100-year-old practice of requiring military retirees
to have their retired pay reduced dollar-for-dollar by any amount
received in veterans’ disability compensation paid by the VA. Congress
enacted a plan several years ago to begin phasing out the offset for many
troops, but many others still have their retired pay reduced. The
commission stalemated by a 6-to-6 vote, on a version of the active-duty
concurrent receipt plan that would have recommended expanding eligibility
for concurrent receipt to those with less than 20 years of service
(so-called Chapter 61 retirees). It also would have expanded Combat
Related
Special Compensation (CRSC) to Temporarily Early Retirement Authority
(TERA) retirees. These are mostly officers who were offered early
retirement during the 1990s drawdown to thin the ranks. There is pending
legislation in Congress to include these groups in the concurrent receipt
correction but this action will not help.
CRSC, paid to eligible disabled retirees whose
conditions were the
result of combat or combat like training, is designed to replace any
offset in their retired pay. TERA retirees generally are ineligible
for
CRSC, because recipients must have served 20 or more years. A
congressional adoption of the spousal concurrent receipt (SBP) issue would
boost income for the roughly 63,000 surviving spouses who have some or all
of their SBP annuities offset by the amount they receive in VA
Dependency and Indemnity Compensation (DIC). DIC is a monthly benefit paid
to
survivors of a service member who died while on active duty, or a
veteran who died due to a service-related injury or disease, or died from
a
nonservice-related injury or disease and who was receiving or about to
receive VA compensation for a service-connected disability rated as
totally disabling. All told, 313,000 surviving spouses are paid a total of
about $4.1 billion in DIC each year, according to the commission.
Eliminating the offset would cost taxpayers $660 million annually. The
Veterans’ Disability Benefits Commission was established by Congress in
2004
to study all benefits related to death or disability brought about by
military service. The Washington meeting of the commission is one in a
series, all open to the public. They have been studying all veterans
benefits for almost 4 years. Their final report is scheduled to be
submitted to the White House and Congress in October so they are now
voting
on what positions they are going to take and recommendations they are
going to make in several important areas. [Source: NavyTimes William H.
McMichael article 19 Jul 07 ++]
VA RURAL ACCESS UPDATE 02: The Rural Veterans Healthcare Improvement
Act of 2007 (S.1147) was introduced by Sen. Ken Salazar (D-CO) on 18
APR. It currently has 24 cosponsors signed on in support of the Act.
This proposed legislation would build upon 2006 legislation by giving
direction and resources to the Office of Rural Health and by making
healthcare more accessible to veterans in rural areas. The bill
tasks the
Office of Rural Health with developing demonstration projects that would
expand care in rural areas through partnerships between the VA, Centers
for Medicare and Medicaid Services, and the Department of Health and
Human Services at critical access hospitals and community health centers.
The bill also instructs the Director of the Office of Rural Health to
carry out demonstration projects in partnership with the Indian Health
Service to improve healthcare for Native American veterans. The Act
includes two key provisions that will help veterans in rural areas reach
healthcare facilities.
1.) The bill establishes the VetsRide grant program to provide
innovative transportation options to veterans in remote rural areas. The
bill
tasks the Director of the Office of Rural Health to create a program
that would provide grants of up to $50,000 to veterans' service
organizations and State veterans' service officers to assist veterans with
travel
to VA medical centers and to improve healthcare access in remote rural
areas. The bill authorizes $3 million per year for the grant program
through 2012.
2.) The bill increases the reimbursement rates for veterans for their
travel expenses related to VA medical care so that they are compensated
at the same rate paid to federal employee
S. 1146 also requires the VA to report to Congress on the assessment it
is conducting of its fee-based healthcare policies. The VA's fee-based
healthcare policy needs to be more equitable and efficient in helping
veterans in rural areas obtain the health care they deserve. Veterans
concerned with their VA rural health care availability are encouraged to
contact their legislators and urge them to sign onto this bill. One
way to do this is to refer to
http://capwiz.com/usdr/issues/alert/?alertid=10064941&queueid=1314882681
and forward either a preformatted message or compose one of their own
asking for their Senator’s support. If enough senators sign on the
bill
can move out of committee and onto the floor of the Senate for a vote.
[Source: USDR Action Alerts 22 Jul 07 ++]
FILIPINO VET INEQUITIES UPDATE 03: In a meeting filled with
political
fireworks, the House Veterans’ Affairs Committee moved 17 JUL to
fulfill a 61-year-old promise some World War II veterans. The way the
committee plans to pay for it drew sharp criticism. To provide
unprecedented
benefits for Filipino World War II veterans who were drafted into
service on behalf of the U.S., the committee voted to eliminate special
pensions to some severely disabled, poor and housebound U.S. veterans.
Specifically, by repealing a law passed by Congress in 2001 that provides
assistance to elder veterans over 65 who are indigent, severely
disabled and housebound. That prompted a Republican revolt against the
Filipino Veterans Equity Act of 2007 H.R.760, even though many Republicans
on
the committee support giving pensions to Filipino veterans and their
survivors. The measure which also includes an increase in mileage
reimbursement rates for veterans traveling long distances for health care,
and
expanding GI Bill benefits to include paying for truck-driver training
classes ended up passing by voice vote, but not before some heated
debate.
In an unusually angry committee meeting, Rep. Bob Filner
(D-CA) the
committee chairman and a longtime advocate for Filipino pensions, was
determined to pass the measure. At one point, he called a recess so he
and other Democrats could plan strategy. After winning a party-line
vote to reject a Republican amendment to block the plan, Filner refused to
recognize Republicans trying to offer any more amendments to the bill
while the committee’s ranking Republican and former chairman, Rep.
Steve Buyer of Indiana, shouted again and again, “It is appalling. It is
unbelievable. There are repercussions for this.” The Filipino veterans’
provisions in HR 760 are similar to a plan passed by the Senate
Veterans’ Affairs Committee in S0057. It would provide full veterans’
status to
Filipino veterans and their survivors, including disability pay for
service-connected disabilities, survivor pay for service-connected deaths
and pensions and death benefits, payable at the same rate as for U.S.
veterans for Filipinos living in the U.S., and at reduced amounts for
non-U.S. citizens living outside the U.S.
Filner said the bill “addresses injustices going back
to World War
II” and sends a sign to all veterans that the U.S. keeps its promises.
“To those who say we cannot afford to pay this debt, I say we cannot
afford not to,” he said. Buyer, who led the charge against the bill,
said he didn’t want to take money from one veteran to give to another. “It
is unconscionable that the Democrats voted today to deny elderly,
indigent, severely disabled or housebound American veterans the special
monthly pension in order to finance a new entitlement program to benefit
Filipino veterans,” Buyer said. The disputed method of paying for the
bill is a clarification of eligibility for a $2,200 special annual
payment to disabled veterans who cannot leave their homes. Initially
intended
to cover just indigent veterans who were totally disabled, the benefit
was challenged by a blind veteran, who won a decision in the Court of
Appeals for Veterans Claims that ruled in 2006 that veterans with
disabilities of 60% or greater could also qualify. By restating the law to
again restrict the benefit to those who are 100% disabled, the bill
claims $1 billion in savings over 10 years that could be used to pay for
the new benefits for Filipino veterans. Filner said he wasn’t denying
anyone anything, but simply clarifying the law. The Senate Veterans’
Affairs Committee did the same thing, he noted. Buyer, however, said he
does
not see the issue “as a mere technicality.” His amendment to block the
Filipino veteran pensions failed on a 16-13 vote. [Source: NavyTimes
Rick Maze article 18 Jul 07 ++]
FILIPINO VET INEQUITIES UPDATE 04: Republicans on the House Veterans
Affairs Committee are trying to scuttle a committee-passed plan to
provide pensions for World War II-era Filipino Scouts by getting a major
veterans’ service organization to question whether this is the highest
priority for improved benefits. In a letter, the 13 Republicans on the
committee complain about being blocked on 17 JUL from offering amendments
that would have redirected the $875 million being spent on disability
pay and pensions for Filipino veterans, including those who are not
American citizens and who don’t even live in the U.S. “Each amendment
proposed alternative ways to spend the money going to Filipino veterans,”
the letter says. Two amendments would have reduced the pensions, which
would total up to $8,400 a year for a married veteran, and shifted the
rest of the money to programs that Republicans see as higher priorities.
Two other blocked amendments would have eliminated the Filipino
benefits altogether to increase payments for 100% disabled veterans and
survivors of veterans who have died of service-connected causes.
Republicans complain that the committee chairman, Rep.
Bob Filner
(D-CA) used an “unprecedented” procedure of calling for a final vote
while Republicans were trying to offer the amendments. Filner said he saw
no amendments in front of him, so he didn’t recognize anyone to offer
an amendment. Rep. Steve Buyer of Indiana, the former chairman and now
ranking Republican member of the committee, said amendments were there
but Filner simply chose to cut off debate. By writing the veterans’
groups and including copies of the amendments with the letter, Buyer and
the other Republicans are trying to create seeds of doubt about the
bill, H.R.760, before it is brought up for debate on the House floor. A
Democratic committee aide said Filner’s staff had seen the letter but had
no immediate comment. Filner said during the 17 JUL session in which
the bill was passed that he was trying to fulfill a promise made at the
end of World War II to provide benefits to people who fought on behalf
of U.S. interests but were not part of the U.S. military. He stressed
that he is not acting alone; the Senate Veteran’s Affairs Committee has
approved a similar bill with similar benefits. The Senate bill also
created controversy over spending money on benefits for noncitizens at a
time when U.S. veterans can expect long delays in getting their benefits
claims and pensions approved because of a backlog in processing
requests, which has raised questions about the wisdom of expanding
benefits.
[Source: ArmyTimes Rick Maze article 24 Jul 07 ++]
COMMON ACCESS CARD (CAC): A House committee passed legislation 19
JUL
that would render the Pentagon’s new ID cards illegal. The Next
Generation Common Access Card, developed to increase military ID card
security and effectiveness, is currently given to service members and
government employees only as old ID cards expire. DoD began issuing the
HSPD-12
card in OCT 06. Among other security improvements, the new CAC system
removed the holder’s Social Security number from the card’s face and
instead includes it in the magnetic strip. But the “Social Security
Number Privacy and Identity Theft Prevention Act of 2007”H.R.3046 passed
unanimously by the House Ways and Means committee, would prohibit the
government from not only displaying Social Security numbers on any ID
cards, but also embedding the numbers in card magnetic strips or
electronic
chips. The bill contains no provisions or exemptions that would allow
the Social Security number to be embedded or included on cards. The bill
may be amended during floor debate to grant an exemption for military
ID cards or allow the numbers to be included if they are sufficiently
encrypted, committee staff said. Pentagon officials declined to comment
on pending legislation, but said Defense Department is working to
remove the data from the cards. Committee staff said the provision is
meant
to protect service members from identity theft. Even when placed in a
magnetic strip, they said, the information can still be stolen. Similar
bills have cleared the committee twice in the past eight years but have
never become law. The current legislation has 24 cosponsors and broad
bipartisan support. For additional info on CAC refer to
https://www.cac.mil/Home.do.
In the interim Rep. Louie Gohmert (R-TX) introduced a
bill 23 JUL
ordering a Pentagon study of using distinct military ID numbers instead
of Social Security numbers on all military IDs. The study would have
to be done one year from when the bill, HR 3128, becomes law. Gohmert is
one of a growing number of lawmakers who are concerned that having
Social Security numbers on ID cards makes service members more likely to
be victims of identity theft. Pentagon officials have said they want to
drop Social Security numbers from the cards, but it’s not as simple as
it sounds because so much of the military’s payroll and personnel
systems use the number as a primary means of identification. That the
number
has become a key identifier for more than just tracking Social
Security earnings is one of the chief reasons there is a push to stop its
wide
use. [Source: NavyTimes Amy Doolittle article 20 Jul & Rick Maze
articles 26 Jul 07 ++]
SELECTIVE SERVICE SYSTEM (DRAFT) UPDATE 05: A new congressional
report finds little reason to consider a return to a military draft and
lots
of problems if conscription were restored. In a report released 19
JUL, the Congressional Budget Office says drafting people into the Army
could make it easier for that service to expand its active-duty force to
547,000 people by 2012, the current goal, and could save a little money
in the process, especially if Congress were to reduce basic pay levels
for draftees in comparison to pay for volunteers. However:
- A force of draftees would be younger and less experienced, which
could affect readiness. Usually, greater accumulated knowledge and skills
come with increased experience.
- Because most draftees leave after completing a two-year obligation, a
draft might affect the services’ ability to perform those functions
efficiently.
- A draftee force has higher training costs, but there are savings from
lower expenses for advertising, enlistment bonuses and recruiters. But
the report says that may not be a wise tradeoff.
- Although including draftees in the force could yield budgetary
savings, that force would not be as effective as if the same increase in
end
strength was achieved using only volunteers because average seniority
would fall.
- To get an equally effective force with draftees, the Army would have
to be bigger, and bigger is more expensive.
By CBO’s estimates, the military would not need to
draft more than
165,000 people a year and could use as few as 27,000. With 2 million
men turning 18 in the U.S. each year, the low requirement for draftees
could create a problem in deciding who goes and who stays home. And the
U.S would have to face the question of whether to draft women, the
report notes. Matthew Goldberg, deputy assistant director of CBO’s
national
security division, said the report comes at a time when the
all-volunteer force created at the end of the Vietnam War is undergoing
its
biggest test in Iraq, and when there are concerns about whether the
military
can continue to fill the ranks when at war and whether the force is
representative of the nation.
While the services (especially the Army) are having more difficulty
recruiting, Goldberg described the problem as a little bit of slippage in
the last two years that did not reflect any crisis. And, while people
from the lowest and high family incomes in the U.S. are
under-represented in the military, data on the people being deployed to
the combat zone
and the combat casualties do not show that minorities are
over-represented, Goldberg said. If anything, Caucasians are slightly
over-represented in both deployments and casualties, according to the
report, which
also notes that because unemployment rates for white youths have
increased more than for black youths in recent years, there could be a
trend
in which even more white males to consider enlisting. [Source:
NavyTimes Rick Maze article 20 Jul 07 ++]
VA VET CENTERS UPDATE 02: DVA officials said they are ahead of
schedule on their plans open 23 new Vet Centers across the country over
the
next 15 months. Officials said they plan to open seven to 10 of the new
centers before NOV 07, well ahead of the six they previously planned to
complete by then, said Alfonso Batres, chief readjustment counseling
officer of the Veterans Health Administration at the VA. “We have
promised six new this year, and we are on schedule to beat that,” Batres
said. “We did a lot of hard work, just getting out there, beating the
bush.” Centers the VA will open for sure this year are located in Baton
Rouge LA; Escanaba MI; Manhattan KS; Gainesville FL; and Macon GA. Batres
said the agency is also negotiating leasing contracts for centers in:
Grand Junction CO; Modesto CA; Las Cruces NM; Du Bois PA; Everett WA and
Watertown NY. The VA estimates as many as five of those could open by
early NOV. Rep. Michael Michaud, D-Maine., chairman of the House
Veterans Affairs health subcommittee, said he was pleasantly surprised
that
the initiative is so far ahead of schedule. “It’s great news; we do
everything we can to take care of our veterans,” he said. “I’m just very
pleased with the Vet Centers. They do a great job.” Batres said the new
centers program is projected to cost $14 million. That price tag includes
adding new staff to 11 of the other 209 Vet Center. [Source:
NavyTimes Amy Doolittle article 20 Jul 07 ++]
DOD DISABILITY EVALUATION SYSTEM UPDATE 04: In an effort to unify
and
shorten the current process some troops must endure with both the
military and Veterans Affairs Department, DoD is proposing a joint
disability rating system that would give seriously injured troops one
physical
exam and one review board while still on active duty. Bill Carr
deputy
undersecretary for military personnel policy said, “If successful, we
will have cured many of the major maladies of the system.” Carr also
announced during a hearing of the Veterans’ Disability Benefits
Commission (VDBC) in Washington 12 JUL that the Pentagon will soon launch
a
pilot medical evaluation program in the Washington area. The idea,
Carr
said, is to adopt a mindset along the lines of, “Let’s create a new
disability system.” Together, the moves could help refute widespread
criticism of the Defense Department, and the Army in particular, following
the
scandal several months ago at Walter Reed Army Medical Center.
Among other issues, the Pentagon was criticized for
having allowed
the services to establish and run their own decentralized disability
review systems, which led to charges that the Army has downplayed the
severity of soldiers’ injuries and disability ratings in an effort to
hold down budget costs. The Pentagon hopes to send to Congress by
Thanksgiving a package of proposed legislation that would codify what Carr
termed an ‘ideal system’. The effort will commence in AUG with a
multi-week tabletop exercise, with actual physicians and service rating
panels
using test cases crafted to bring out and address concerns expressed to
date. A retired Army officer who closely follows the debate and has
testified before the commission says the Pentagon’s proposal is a major
step forward. “The joint disability rating board is a very good and
long-overdue idea,” said Michael Parker. “It will go a long way towards
ensuring consistent disability evaluation policies and ratings. Having the
VA rate the unfitting conditions will not only lead to more consistent
and accurate ratings, it will also give the disabled service member a
much-needed head start on his VA disability ratings and benefits.”
While the Pentagon’s plan might bring uniformity to the
system
within the Defense Department, it won’t help remedy what critics say is a
major flaw in the system — that the Defense Department and VA often
give different ratings for the exact same medical condition. Military
personnel experts say that’s because the systems look at disabilities from
different perspectives; the services focus on fitness for military
duty, while the VA measures potential loss of future earnings. With that
in
mind, a single evaluation along the lines of what the Pentagon is
proposing, Carr said, would allow for two possible appeals: an “unfit for
duty” finding could be appealed to the Defense Department, and/or the
disability rating could be appealed to VA.
Under the present DoD system if doctors suspect an injured
service
member might have difficulty continuing to serve, he or she is sent to
a medical evaluation board. If the board decides the member’s condition
might warrant ending his or her service, the case is forwarded to a
physical evaluation board (PEB). The PEBs are formal military
fitness-for-duty and disability determination boards that can recommend:
* Placement on the temporary disabled retired list, or TDRL, if there
is a chance the condition might improve with time.
* Separation from active service, possibly with a one-time, lump-sum
severance payment.
* Placement on permanent medical disability retirement, with lifetime
retired pay, military health care and other benefits.
* A return to duty, with or without assignment limitations.
If the PEB decides unfit for duty, it determines if compensation is
warranted. If so, it is rated on a scale from zero to 100%. The
rating
determines the nature and amount of DoD disability benefits. A rating of
at least 30% is required for permanent medical disability retirement.
Only after a member is medically retired or simply separated, can he or
she go on to seek VA compensation and benefits if they choose.
However, that requires a new physical evaluation and a forced weave
through
yet another bureaucratic maze — not to mention waiting for a decision
from the VA, which currently has a backlog of hundreds of thousands of
pending benefits claims that it has been unable to contain. [Source:
NavyTimes William H. McMichael article 20 Jul 07 ++]
USERRA UPDATE 02: National Guard and Reserve members often aren’t
aware of their rights under the Uniformed Services Employment and
Reemployment Rights Act (USERRA), which spells out what benefits employers
are
required to maintain after they’re called to active duty. It is common
knowledge that USERRA essentially guarantees activated servicemembers
the right to return to the same or equivalent job for call-up periods of
up to five years, or longer for certain specialties. Not so common is
knowledge on the other key protections are covered by USERRA. Seniority
escalation, pension benefits, and healthcare coverage also are
generally protected. This means a company cannot deny you a promotion,
discontinue your pension plan coverage, or deny you reinstatement in your
healthcare plan (including adding new restrictions on pre-existing
conditions) due to your military service. You also have the ability to
fund
[make up] 401(k) or similar retirement plan contributions for periods
covered by deployment. You have up to three times the deployment period –
not to exceed five years – to make back payments, and the employer is
obligated to match any contributions under the normal rules for the
retirement plan. To ensure you retain your rights under USERRA you
must:
- Ensure that your employer receives advance written or verbal notice
of your service;
- Have five years or less of cumulative service in the uniformed
services while with that particular employer;
- Return to work or apply for reemployment in a timely manner after
conclusion of service; and
- Have not been separated from service with a disqualifying discharge
or under other than honorable conditions.
Most employers are good about supporting deployed
servicemembers,
complying with both the spirit and the letter of the law. However,
there have been cases of serious USERRA violations against servicemembers
returning from deployment. The U.S. Department of Labor, Veterans
Employment and Training Service (VETS) is authorized to investigate and
resolve complaints of USERRA violations. For assistance in filing a
complaint, or for any other information on USERRA, contact VETS at 1(866)
487-2365 or visit its website www.dol.gov/vets. At
www.dol.gov/elaws/userra.htm an interactive online USERRA Advisor can be
utilized. If you file
a complaint with VETS and VETS is unable to resolve it, you may request
that your case be referred to the Department of Justice or the Office
of Special Counsel, depending on the employer, for representation. You
may also bypass the VETS process and bring a civil action against an
employer for violations of USERRA. Federal law requires employers to
notify employees of their rights under USERRA. [Source:
MOAA News
Exchange 19 Jul 07 ++]
VET CEMETERY MARYLAND: Continuing its mission of providing a final
resting place for Maryland veterans, the Department of Veterans Affairs
(VA) has announced the award of a $1.9 million grant to expand the
Crownsville Veterans Memorial Cemetery. The grant will pay for
construction
of 2,434 full-casket burial sites, 1,087 in-ground cremation burial
sites, 1,056 columbarium niches, utilities, landscaping and irrigation.
Maryland has four other VA-funded state cemeteries: the Cheltenham
Veterans Cemetery; the Eastern Shore Veterans Cemetery in Hurlock; the
Garrison Forest Veterans Cemetery in Owings Mills; and the Rocky Gap
Veterans
Cemetery in Flintstone. VA’s State Cemetery Grants Program complements
VA’s 125 national cemeteries across the country. The program helps
states establish, expand or improve state veterans cemeteries. Information
on VA burial benefits can be obtained from national cemetery offices,
from the VA Web site on the Internet at
http://www.cem.va.gov or by
calling VA regional offices at 1(800) 827-1000. Information about
Maryland’s veterans cemeteries can be obtained from the Maryland
Department of
Veterans Affairs at
http://www.mdva.state.md.us/ or by calling (410)
923-6981. To date, the VA program has helped establish 66 veterans
cemeteries in 35 states, Saipan and Guam, which provided more than 22,000
burials in fiscal year 2006. Since the program began in 1980, VA has
awarded 156 grants totaling nearly $286 million. [Source: VA
News Release
13 Jul 07 ++]
TRICARE DATA BREACH: A limited amount of Tricare beneficiary data
may
have been placed at risk through a violation of internal computer
security practices at Science Applications International Corporation
(SAIC). The government contractor handling sensitive health information
for
867,000 U.S. service members and their families acknowledged yesterday
that some of its employees sent unencrypted data -- such as medical
appointments, treatments and diagnoses -- across the Internet. It is
illegal to transmit unencrypted health information over the Internet. The
files that were transmitted related to military members, Coast Guard
employees and retirees using military hospitals and health clinics in
Europe
and the United States. Analysis shows the chance any data was
compromised is low, but action is being taken to ensure that affected
Tricare
beneficiaries are kept informed. The incident occurred when patient data
was stored in a manner that did not meet security specifications for
the DoD or SAIC. The information was held on a single, SAIC-owned
server at an SAIC location in Florida. The server, which was not behind a
firewall and did not contain adequate password protections, is no longer
in use. The data, which was processed by SAIC under several military
health care contracts, may have included personal information such as
beneficiary names, addresses, social security numbers, birth dates, and
limited health information.
SAIC is mailing letters from Army Major General Elder
Granger,
Deputy Director, Tricare Management Activity and retired Marine Corps
Major General Arnold L. Punaro, SAIC executive vice president, to
approximately 580,000 households informing beneficiaries of the potential
risk.
Letters will arrive the week of 23 JUL and also contain consumer
identity protection information. SAIC is also making a call
center
available to handle questions. The no toll number for the United States
1(888)
862-2680; and a collect-call number 1(515) 365-3550.for overseas
residents is included with the letters. The center will be staffed with
identity theft specialists who will answer concerns about the incident as
well as provide callers with general information on credit, fraud and
identity theft matters. Affected beneficiaries are being offered a free,
one-year subscription to an identity restoration service. The centers
will be staffed M-F 08-2400 EST until further notice. Links to additional
information can be found at the Tricare Web site “press room” at
www.tricare.mil/pressroom/. Information on steps Tricare beneficiaries can
take to protect themselves from identity theft is available at
www.tricare.mil/tmaprivacy/itpr.cfm.
The disclosure comes less than two years after a
break-in at
SAIC's headquarters that put Social Security numbers and other personal
information about tens of thousands of employees at risk. The security
breach underscores the systemic problems in corporate and government
security systems and the vulnerability of military and contractor systems
to
attack. In recent months, e-mail systems at military colleges have been
attacked and briefly shut down. Last fall, hackers operating through
Chinese Internet servers shut down a Commerce Department bureau computer
system for more than a month. And a year ago, hackers stole sensitive
information from State Department unclassified computers. In an April
report, the Government Accountability Office reported that 21 of 24
federal agencies say they have significant weaknesses in information
security controls and that a Department of Homeland Security unit reported
a
record level of information-security incidents throughout the federal
government last year. [Source: TMA Press Release 20 Jul & Washington
Post article 21 Jul 07 ++]
SDVOSB PROGRAM: For a veteran who suffers service-connected
disability, our Government has deemed it our moral obligation to provide
the
disabled veteran a range of benefits designed to ease the economic and
other losses and disadvantages incurred as a consequence of serving his or
her country. These benefits include Government assistance for entering
the Federal procurement marketplace. To achieve that objective,
agencies shall more effectively implement section 15(g) of the Small
Business
Act (15 U.S.C. 644(g)), which provides that the President must
establish a goal of not less than 3% for participation by service-disabled
veteran businesses in Federal contracting, and section 36 of that Act (15
U.S.C. 657f), which gives agency contracting officers the authority to
reserve certain procurements for service-disabled veteran businesses.
President Bush issued Executive Order 13360 on 20 OCT04 to strengthen
opportunities in Federal contracting for Service-Disabled Veteran-Owned
Small Business (SDVOSB) concerns. The Veterans Benefits Act of 2003
permits contracting officers to award sole-source contracts to any small
business concern owned and controlled by service-disabled veterans if:
- The officer does not expect that two or more service-disabled
veterans small business owners will submit offers for the contract;
- The expected award price of the contract (including options) will not
exceed $3 million for non-manufacturing SIC code contracts; and
- In the estimation of the contracting officer, the contract can be
made at a fair and reasonable price.
A Service-Disabled Veteran is a person who served in the active
military, naval, or air service, and who was discharged or released under
conditions other than dishonorable, and whose disability was incurred or
aggravated in line of duty in the active military, naval, or air service.
There is not a minimum disability rating. A veteran with a 0 to 100%
disability rating is eligible to self-represent as a Service-Disabled
Veteran for Federal contracting purposes. The concern must be:
- A small business pursuant to the North American Industrial
Classification System (NAICS) code assigned by the Contracting Officer to
the
procurement;
- 51 % unconditionally and directly owned by one or more
Service-Disabled Veterans or in the case of any publicly owned business,
not less
than 51% of the stock of the company is owned by one or more
Service-Disabled Veterans; and
- The management and daily business operations of the SDVO SBC must be
controlled by one or more service-disabled veterans (or in the case of
a veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran).
SDVOSB program’s purpose is to assist agencies in achieving the
statutorily mandated 3% government-wide goal for procurement from
service-disabled veteran-owned SBCs. When drafting the Veterans Benefits
Act of
2003, Congress found that agencies were falling far short of reaching this
goal. Consequently, the legislative history specifically states that
Congress urges the SBA and the Office of Federal Procurement Policy to
expeditiously and transparently implement this program. In support of
this Anthony R. Martoccia, director of the office of small business
programs at the Pentagon wants disabled vets to know there is a strong
focus
by Defense Secretary Robert M. Gates and other senior officials to
ensure the program is fully implemented and that Military contracting
officers in the field are on the lookout for disabled-veteran-owned
businesses to provide services for the government. More than 24,000
servicemembers have been wounded or injured on duty since the global war
against
terrorist began on 9/11. Many of these veterans have had to leave the
military because of disabling injury. The SDVOSB program is geared
toward helping them establish second careers as entrepreneurs who do
business with the Defense Department. The program, he added, is open to
disabled veterans from all the nation's wars. Last year, the SDVOSB
program registered more than 5,000 businesses. Today,
disabled-veteran-owned
businesses account for more than $1 billion in government contracts.
Pentagon officials are putting the word out to military contracting
officers about the government wide goal to award 3 percent of contracts to
businesses owned by disabled veterans. For additional info on SDVOSB
refer to
http://www.acq.osd.mil/osbp/programs/veterans/. [Source:
American Forces Press Service Gerry J. Gilmore article 18 Jul 07 ++]
FEDERAL STUDENT AID UPDATE 01: U.S. Senator Evan Bayh (D-IN) has
introduced the Interest Relief Act (S.1822). Under the Act interest would
not accrue on federal student loans for active duty soldiers and their
spouses. The Congressional Research Service estimates for those
activated for 12 to 15 months, the bill could mean an average savings of
between $1,183 and $1,479 in interest over their activation period.
Senator
Bayh said, “The principle behind this bill is very simple: When
Americans go off to serve their country during time of war, the government
should not charge interest on their federal student loans. This is relief
we can and should provide for our soldiers right now.” If approved
eligibility would include active duty soldiers of any branch of the
military, including reserve units and the National Guard and their
spouses, who
have student loans through the Federal Direct Loan Program. The
interest accrual deferment could be for up to five years while on active
duty. Members of the armed forces can already defer payments on their
student loans while on active duty, but the interest continues to accrue.
Many servicemembers take advantage of educational
benefits through
the G.I. Bill following their service. However, those who enter the
service or are activated after they’ve completed a few years of college,
earned their degree or exhausted their G.I. Bill benefit time limit
have often used student loans to finance their education. Senator Bayh
said, “By deferring interest accrual for those who have student loans, we
remove one more hurdle that our soldiers and their families face when
they are planning their future after active duty service. This relief
could shave a few months off student loan repayment obligations, which
could mean military families are a few months closer to buying their
first home, starting a business, or contributing to a child’s college
fund.” The Interest Relief Act would apply only to student loans
awarded
through the Federal Direct Loan Program, which provides financial aid for
college to student and parent borrowers directly through the U.S.
Department of Education. Under Federal Student Aid programs interest
charged on loans is variable up to 8.5%. For info on these programs refer
to
http://education.military.com/money-for-school/federal-student-aid
and/or
http://www.ed.gov/offices/OSFAP/DirectLoan/about.html. [Source:
Senator Bayh Press Release 17 Jul 07 ++]
SBA VET ISSUES UPDATE 05: The U.S. Small Business Administration
(SBA) began accepting applications from lenders 19 JUL on behalf of
borrowers in its new Patriot Express Pilot Loan Initiative for military
community entrepreneurs. Patriot Express is a streamlined loan product
based
on the agency's highly successful SBA Express Program. Patriot Express
is available to military community members including veterans,
service-disabled veterans, service members leaving active duty, Reservists
and
National Guard members, current spouses of any of the above, and the
widowed spouse of a service member or veteran who died during service, or
of a service-connected disability. More than 150 banks have already
been approved to participate in Patriot Express. The Patriot Express
Pilot Loan Initiative can be used for most business purposes. Details on
the initiative can be found at www.sba.gov/patriotexpress. [Source: Gulf
Breeze News article 19 Jul 07 ++]
CHRONIC LYMPHOCYTIC LEUKEMIA (CLL) UPDATE 01: An appeals court
chastised the Department of Veterans Affairs on Thursday and ordered the
agency to pay retroactive benefits to Vietnam War veterans who were
exposed
to Agent Orange and contracted a form of leukemia. “The performance of
the United States Department of Veterans Affairs has contributed
substantially to our sense of national shame,” the opinion from the 9th
U.S.
Circuit Court of Appeals read. It was not immediately known how much
the department would have to pay under the order or how many veterans
would be affected. VA spokesman Phil Budahn said late Thursday that
officials were reviewing the ruling, and declined further comment.
The VA
agreed in 2003 to extend benefits to Vietnam vets diagnosed with chronic
lymphocytic leukemia, known as CLL. U.S. troops had sprayed 20 million
gallons of Agent Orange and other herbicides over parts of South
Vietnam and Cambodia in the 1960s and ‘70s to clear dense jungle, and
researchers later linked CLL to Agent Orange. But the VA did not
re-examine
previous claims from veterans suffering from the ailment, nor did it pay
them retroactive benefits, which was at the heart of the latest
dispute.
The 19 JUL opinion was on a technical matter involving
whether a
lower court had properly interpreted a landmark agreement in 1991 on
benefits, stemming from a class-action lawsuit originally filed in 1986.
The appeals court sided with veterans groups who said the veterans were
entitled to retroactive benefits. “We would hope that this litigation
will now end, that our government will now respect the legal obligations
it undertook in the consent decree some 16 years ago, that
obstructionist bureaucratic opposition will now cease, and that our
veterans will
finally receive the benefits to which they are morally and legally
entitled,” Judge Stephen Reinhardt wrote in the court’s opinion. Richard
Spataro, a lawyer with the National Veterans Legal Services Program, said
Thursday’s ruling could finally halt years of legal battles - if the
VA does not appeal to the U.S. Supreme Court. Spataro said if
researchers link other disabilities to Agent Orange the decision will
prevent the
VA from denying retroactive benefits for those veterans, too.
[Source: Associated Press Scott Lindlaw article 19 Jul 07 ++]
MEDICARE ADVANTAGE PLANS UPDATE 01: Senate investigators recently
learned that insurance agents in at least 39 states used illegal or
unethical tactics to sell private Medicare health plans, known as Medicare
Advantage plans. Insurers have signed up unwitting consumers by
using
"bait and switch" tactics, forging signatures, using personal information
stolen from federal records, and even by submitting applications for
deceased individuals. The New York Times reported that Albuquerque
cancer specialist, Dr. Barbara L. McAney, said that many of their patients
who signed up for such plans "suddenly found that they had huge new
co-payments — $1,250 every three weeks for a combination of five
intravenous chemotherapy drugs." Agents of the private plans have worked
out of
booths in discount stores or tables set up in front of grocery or drug
stores. Seniors might think they are signing up to get drug coverage
or just more information. Then, if they later require
hospitalization
or other costly services, they may learn there are higher co-payments
than normally would be charged under traditional Medicare.
Enrollment in Medicare Advantage plans has exploded in the
past
year with one out of five Medicare beneficiaries enrolled. The
Medicare
Payment Advisory Commission has acknowledged that the government pays
the private plans 12% to 19% more than it would cost Medicare to serve
the same people. The non-partisan Congressional Budget Office
estimates
that the cost for these extra payments will amount to $65 billion over
the next five years. These extra payments are passed on to all
Medicare beneficiaries in the form of higher Part B premiums. According to
a
new report from the Medicare Rights Center (MRC), "private health plans
often fail to deliver what they promise. Plan members encounter an
obstacle course when trying to get care and coverage, and they may pay
more out of pocket costs than what they would have in Original Medicare,"
the report says. The report is based on MRC's experiences in helping
Medicare beneficiaries. According to MRC there are common problems
people have in Medicare Advantage plans, but many people only discover
these flaws after they have joined the plan and most cannot switch until
the following year. Problems can include:
- Care that costs more than it would under traditional Medicare.
- Difficulties in getting emergency or urgent care and care away from
home.
- Choice of doctor, hospital and other providers is restricted.
- Promised extra benefits can be very limited.
The Centers for Medicare & Medicaid Services (CMS)
responded to
the misleading practices by announcing that seven insurance companies;
United Healthcare, Humana, WellCare, Universal American Financial,
Coventry Health Care, Sterling Life Insurance and BlueCross BlueShield of
Tennessee, will suspend marketing Medicare Advantage private
fee-for-service plans until they meet six basic conditions, although the
insurers
can still sell policies to consumers who ask for them. Since the
plans
are cooperating with CMS voluntarily, it remains to be seen how
effective they will be in policing their own marketing. The Senior
Citizens
League (TSCL) believes that Congress must provide strong oversight and
consumer protections under the Medicare Advantage program. In
addition
TSCL calls on Congress to stop paying Medicare Advantage plans more than
other Medicare supplemental plans. Doing so would save money for
both
the government and slow the rise of Part B premiums. Congress would
be
more inclined to provide proper oversight on this program if they knew
how many of their constituents intend to closely monitor how this
issue is dealt with. [Source: The Social Security & Medicare Advisor
Aug
07 ++]
MEDICARE ADVANTAGE PLANS UPDATE 02: U.S. Rep. Gus Bilirakis
(R-FL-09)
on 19 JUL expressed his deep displeasure with both the Centers for
Medicare and Medicaid Services (CMS) and the Social Security
Administration (SSA) for their inability to sort our seriously delayed
refunds owed
to his constituents. “We need to get to the bottom of this. It is
completely unacceptable that my constituents have been waiting so long for
their refunds," Bilirakis said. "I urge the responsible parties to get
this cleared up, and immediately inform us as to the status of these
requests.” In a two-paged letter sent to CMS Acting Administrator Leslie
Norwalk, Bilirakis cited more than 200 cases of constituents enrolled
in Medicare Advantage plans, which cover Medicare Part B premiums, who
still had the premiums deducted from their Social Security checks. In
some cases, these erroneous deductions went on for more than 12 months at
a cost often exceeding $2,000. “These delays have created a serious
financial strain on my constituents, many of whom rely on their Social
Security checks as their primary source of income,” wrote Bilirakis, who
sent the letter after repeated unsuccessful attempts to get the status
of his constituents’ cases. “I am deeply troubled that many of them
have been forced to forego rightfully deserved Social Security payments
because of bureaucratic backlogs and unresponsiveness from federal
officials.” Also on 19 JUL, Bilirakis supported an amendment to the Fiscal
Year 2008 Labor, Health and Human Services Appropriations bill that would
prohibit funds from being used to pay performance-based bonuses of
senior officials at both CMS and SSA.
Editor Comment: Rep. Bilirakis” letter only addressed
the
situation with constituents residing in Florida’s 9th District which
he
represents. This is a nationwide ongoing problem which SSA & CMS
management
officials seem unable to cope with. One out of five Medicare
beneficiaries are enrolled in advantage plans. If enough Medicare
beneficiaries
in the same boat were to contact their representatives for assistance in
obtaining their refunds, perhaps Congress would exert enough pressure
through letters and oversight committee hearings to get these officials
to do their job. Taking action on pay performance-based bonuses to
senior officials is an excellent way to start to get their attention.
[Source: Rep. Gus Bilirakis Press Release 19 Jul 07 ++]
MEDICARE EXTRA HELP PROGRAM UPDATE 01: Recently, the House and the
Senate held hearings on the Centers for Medicare and Medicaid Services'
oversight of the prescription drug benefit under which millions of
Medicare beneficiaries are not receiving the savings on Part D drug
benefits
that they are entitled to. Lawmakers criticized the agency's efforts to
enroll low-income seniors in the ‘Extra Help’ program, and to protect
seniors from administrative problems and aggressive insurer s ales
tactics.
According to government estimates, about 3.4 million low-income
Medicare beneficiaries qualify for, but are not receiving ‘Extra Help’
benefits. This is the program that provides assistance with premiums,
deductibles, co-insurance costs, and valuable coverage during the Part D
doughnut hole coverage gap. Seniors who already receive Medicaid
automatically receive the coverage, but many more whose incomes are below
150% of
the federal poverty level, and who do not receive Medicaid must apply
on their own through the Social Security Administration for the
coverage. Once found eligible, seniors still must enroll in a Part D
plan to
get the coverage.
Advocates say many individuals don't understand the
difference
between the prescription drug benefit and ‘Extra Help.’ Some
beneficiaries thought that once they were approved for ‘Extra Help’ they
were
automatically enrolled in a prescription drug plan. According to
data from
the Social Security Administration, about 47% of the applications for
‘Extra Help’ are denied due to financial assets being too high, even
though applicants met income requirements. In 2007 individuals
qualify
for ‘Extra Help’ if they have an income of less than $15,315 and assets
(savings) of less than $11,710. Couples qualify if they have a
combined
income of no more than $20,535 and assets of $23,410. The government
does not count such things as a primary residence, a car, a burial plot
or certain other personal possessions. For those who qualify, the
program can save thousands of dollars. In 2007 seniors without
‘Extra
Help’ must spend $3,850 out-of-pocket before catastrophic coverage begins,
and that doesn't include the cost of premiums.
On 3 MAY 07, the Seniors Citizen League (TSCL)
submitted a
Statement for the Record on the Medicare Programs for Low-Income
Beneficiaries
to the House Ways and Means Subcommittee on Health with solutions to
increasing enrollment numbers. TSCL suggested the government:
- Make information about the programs more available. Currently, many
seniors don't even know about them. Provide additional funding for
more trained Medicare benefits counselors to help seniors apply for the
financial assistance and enroll in an appropriate Part D plan.
- Eliminate the asset test. Basing an individual's eligibility for
low-income Medicare programs like ‘Extra Help’ on income should be
sufficient. At the very least, asset limits should be increased so
more
low-income seniors would qualify.
- Make eligibility requirements and enrollment requirements for Part B
and Part D low-income programs uniform. Currently, eligibility
requirements for Part B and Part D programs are different, and
beneficiaries
must apply at different agencies for each. Beneficiaries should be
able
to apply and be automatically found eligible for both at the same
time.
- Use IRS data to screen for low-income seniors. The government
already screens for Medicare beneficiaries whose incomes are high enough
to
subject them to paying higher Means Tested Part B premiums.
Low-income
seniors should be screened at the same time for low-income Medicare
programs.
The Prescription Coverage Now Act ( H.R 1536) introduced by
Representative Lloyd Doggett (TX-25) addresses some solutions to this
problem.
The bill would increase asset test limits from $11,710 to $27,500 for
individuals and from $23,410 to $55,000 for couples; authorizes the Social
Security Administration access to the limited use of IRS data to
locate potential low-income beneficiaries; and calls for coordination
between low income programs in Part B and Part D. The bill currently
has 170
cosponsors. [Source: The Social Security & Medicare Advisor
Aug 07
++]
MEDICARE DEDUCTIBLES: Medicare has three Parts: A (hospital),
B
(doctors and hospital outpatient) and D (prescription drugs). Each
has a
deductible and each increases every year. In 2007 the Medicare
deductibles (annually) are: Part A — $992, Part B — $131, and Part D —
$265. A
deductible is the amount of money you must pay before your coverage
starts. Many Medicare supplements (Medigap policies), Medicare
Advantage
plans, and drug plans cover Medicare's deductible as part of the
coverage you purchase. Medigap polices "B" through "J" pay the Part
A
deductible only and Plans "C", "F" and "J" also cover the Part B
deductible.
Medicare Advantage Plans and prescription drug plans may or may not
have a yearly deductible depending on the type of plan you choose.
There are also federal and state government programs for low-income
seniors
that provide assistance for this cost. The Part B and Part D
deductible period starts on 1 JAN of each year and ends on 31 DEC.
If you were
healthy during the year, but require doctor's services in November for
the first time and the charge is $100, then you (or possibly your
supplemental insurance plan) will have to pay that charge. If you
don't see
the doctor again until January, you start a whole new deductible
period. If he charges you $100 again, then you or your insurer will
pay the
$100 again. The Part A deductible, however, is charged "per spell of
illness" and it's feasible that you could have to pay it more than one
time in a year should you require multiple hospitalizations the same
year.
Generally, you pay higher premiums for plans that have
no
deductibles. All too often, though, Medicare consumers pay premiums that
far
exceed the cost of the deductible because they don't do the math.
Having
a plan that pays the Part A (hospital) deductible of $992 makes sense,
because just one trip to the hospital could take your entire month's
Social Security benefit. Having a plan that covers Part D deductible
generally is the better choice if you must take a lot of monthly
prescriptions or if you have high drug costs. If you only require a
few
prescriptions or low cost generics, you might find that by going ahead and
paying the deductible you recover that cost in much lower premiums.
The
only way to tell is by using Medicare's Drug Plan Finder to compare
plan costs based on the prescriptions you take. This can be viewed
at
http://www.medicare.gov/MPDPF.
Medicare Advantage plans require very
careful scrutiny of potential costs. Some plans have lured seniors
with
low premiums and deductibles, only for enrollees to discover high
undisclosed costs later. To learn more about Medicare deductibles refer to
www.Medicare.gov or call 1-(800) 633-4227. [Source: The Social
Security & Medicare Advisor Aug 07 ++]
VA COMP PAYMENT DISPARITY UPDATE 08: Some injured veterans continue to
be shortchanged in their government disability pay depending on where
they live because of wide disparities from state to state, an internal
study concludes. The 1 1/2-year investigation, conducted by the
Institute for Defense Analysis, is the first to examine scientifically the
reasons behind the Veterans Affairs' uneven handling of veterans’ claims
for disability compensation. It was launched by the VA following
reports in 2005 of wide differences in payments. The 50-page report,
made
available to The Associated Press, found that average annual disability
payments swung widely - from $7,556 in Ohio to $12,395 in New Mexico.
Nationwide, the average pay was $8,890. Illinois, which was the lowest in
the nation in 2004 at $6,961, was the seventh lowest at roughly
$7,816. David Hunter, who compiled the study said, "The process by which
VA
adjudicates claims has potential for producing persistent regional
differences in rating results. For certain claims, different raters could
reasonably arrive at different results."
Since reports of disparities emerged in 2005, the VA
has struggled
to explain them. It has largely blamed problems on demographic factors
beyond its control; for instance, whether a particular state had more
Vietnam veterans, who on average receive higher payments, or whether a
veteran had legal help when making a claim. But the study released to
the AP found that roughly one-third of the problems could be blamed on
poor VA standards and inadequate training. As a result, disability
raters in VA regional offices often had too much power and discretion to
decide how much pay a veteran was entitled. The report also faulted
the
VA for not collecting data on certain types of claims, such as how many
post-traumatic stress disorder cases are rejected. As a result, it was
impossible to determine whether part of the disparity might be due to a
VA office inappropriately rejecting a high number of claims for PTSD,
a signature injury of the Iraq war. Some Soldiers and veterans
groups
have charged that Army disability review boards, which are under the
Pentagon's purview, unfairly reject PTSD claims to avoid paying
disability pay. No data was available to determine whether that might be
the
case for the VA, the report said. Among the findings:
- PTSD claims generate among the highest disability pay, averaging
$20,000 each year to more than 200,000 veterans. While VA staff expected
PTSD claims would be more subjective from state to state, their ratings
were actually more stable compared with other injuries and illnesses,
such as cardiovascular problems.
- Veterans who receive legal help or aid from advocacy groups receive
on average $11,162, compared with $4,728 for those who go it alone.
Currently about two-thirds of veterans get such advocacy help; the highest
representation is in North Dakota (81.9%), while the lowest is in
Maryland (44.8%).
- Vietnam veterans received annual awards of $11,670, compared with
$7,410 for those who fought in other wars. The lowest pay was given to
Gulf War veterans - $6,506.
The report comes as the Bush administration races to improve
its
veterans care system following disclosures earlier this year of shoddy
outpatient treatment at the Pentagon-run Walter Reed Army Medical Center.
Both Congress and a presidential commission are considering sweeping
measures that could shift more responsibility for rating a veterans'
disability from the Pentagon to the VA - a move that some veterans
advocates say could further strain an already backlogged VA system.
In
interviews, Patrick Dunne, VA's assistant secretary for policy, planning
and
preparedness, and Ronald Aument, the VA's deputy undersecretary for
benefits, said they welcomed the findings and would take additional
measures to improve training and oversight. Beside hiring hundreds of
additional staff, the VA is beginning to collect more data on the types of
claims rejected, standardizing procedures from office to office and
improving collaboration with its medical personnel to ensure claims
processors have enough information to make a decision based on objective
criteria, Aument said. The agency also is doubling the size of its
quality
assurance program - currently 15 people - to review data and audit pay
outcomes on a regular basis.
A separate review of the VA system for handling disability claims is
also under way to determine how to cut through bureaucratic delays,
confusing paperwork and long appeals processes as thousands of veterans
return home from Iraq and Afghanistan. "If we work on accuracy,
consistency will in turn follow," Aument said. [Source: Associated
Press article
19 Jul 07 ++]
HORATIO ALGER SCHOLARSHIP: Recipients of a Horatio Alger Association
Military Veterans Scholarship will receive $1,250 per year for veterans
who are pursuing a BA/BS degree. Applications will be accepted from 2
JUL 07 through 28 SEP 07. Selected applicants must have met the
following criteria:
- Be a veteran of Operation Enduring Freedom in Afghanistan or
Operation Iraqi Freedom and be a recipient of one of the following
campaign
medals: Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War on
Terrorism Expeditionary Medal (awarded for service in Afghanistan or
Iraq only).
- Provide proof of a honorable service record under the United States
Military.
- Intend to pursue a bachelor’s degree (BA or BS) at an accredited
college or university in the United States (awardees may begin their
studies at a two-year institution and then transfer to a four-year
institution).
- Have no more than 60 cumulative semester/credit hours by the end of
the spring 2007 term.
- Have a minimum cumulative GPA of 2.0.
- Be able to demonstrate critical financial need .
- Hold U.S. citizenship or permanent residency.
Scholarship recipients will be required to attend school on a full-time
basis (24 credits hours per calendar year) in order to receive this
scholarship. Individuals who are not planning to attend college on a
full-time basis should not apply for this scholarship. Scholarship
recipients do not receive direct payment of their scholarship funds. Funds
are
only disbursed to a student’s current school and may only be used for
tuition, fees, books, and on-campus housing. Funds may not be used to
pay off student loans or credit cards. For additional info refer to
https://www.horatioalger.com/scholarships_military.
Questions not
related to receipt of paperwork can be sent to
applymilitary@horatioalger.com.
For more scholarship listings refer to
www.fastweb.com and www.wiredscholar.com. [Source: EANGUS Minute Man
Update 19 Jul 07 ++]
HOUSE VETERANS' AFFAIRS COMMITTEE: The Committee on Veterans' Affairs
of the House of Representatives (HVAC) was authorized by enactment of
Public Law 601, 79th Congress, which was entitled "Legislative
Reorganization Act of 1946." Section 121(a) of this Act provides:
"there shall
be elected by the House at the commencement of each Congress the
following standing committees … Committee on Veterans' Affairs, to consist
of
27 Members." This Act has since been amended so that there are now 22
Standing Committees in the House of Representatives. The number of
Members (Representatives) authorized to serve on each Committee has been
changed from time to time. There are currently 30 members of the
Committee on Veterans' Affairs. The Committee on Veterans' Affairs is the
authorizing Committee for the Department of Veterans Affairs (DVA). The
Committee recommends legislation expanding, curtailing, or fine-tuning
existing laws relating to veterans' benefits. The Committee also has
oversight responsibility, which means monitoring and evaluating the
operations of the DVA. If the Committee finds the that DVA is not
administering
laws as Congress intended, then it is corrected through the a hearing
process and legislation. For additional info on the HVAC refer to
http://veterans.house.gov/about/index.html.
The HVAC is the voice of Congress in dealings with the
DVA.
Legislation within the jurisdiction of the HVAC includes:
a. Veterans' measures generally.
b. Pensions of all the wars of the U.S., general and special.
c. Life insurance issued by the government on account of service in the
Armed Forces.
d. Compensation, vocational rehabilitation, and education of veterans.
e. Veterans' hospitals, medical care, and treatment of veterans.
f. Servicemembers' Civil Relief.
g. Readjustment of servicemembers to civilian life.
h. National Cemeteries
[Source: HVAC Website 18 Jul 07 ++]
HVAC UPDATE 01: The House Veterans’ Affairs Committee (HVAC) led by
Chairman Bob Filner (D-CA) on 18 JUL favorably reported five bills to the
House. The bills would expand veterans’ health care and benefits.
The
five were:
- H.R. 2623: To prohibit the collection of copayments for all hospice
care furnished by the Department of Veterans Affairs.
- H.R. 2874 – To make certain improvements in the provision of health
care to veterans, and for other purposes.
- H.R. 1315 – To provide specially adaptive housing assistance to
certain disabled members of the Armed Forces residing temporarily in
housing
owned by a family member.
- H.R. 760 – To deem certain service in the organized military forces
of the Government of the Commonwealth of the Philippines and the
Philippine Scouts to have been active service for purposes of benefits
under
programs administered by the Secretary of Veterans Affairs. [Note: Refer
to Filipino Vet Inequities article in this Bulletin]
- H.R. 23 – To provide benefits to certain individuals who served in
the United States merchant marine (including the Army Transport Service
and the Naval Transport Service) during World War II. If approved,
compensation for a single month of Merchant Marine service in World War II
would exceed that of many wounded, disabled, and career military World
War II combat veterans and their survivors. For instance:
a. A 20-year veteran who retired as an E-5 in 1955 receives $900 in
retired pay.
b. The military pays a "Forgotten Widows" annuity of only $212 per
month to widows of World c. War II vets who served 20-30 years
and died
before 1974.
d. The House of Representatives, in
the FY2008 Defense
Authorization Bill, acknowledged the inequity of current law that deducts
more
than $1,000 a month from SBP payments to survivors of members who died
of service-connected causes, but indicated it could afford only a $40
monthly payment to such widows as a first step toward reversing that
penalty
e. The VA pays only $901 a month to vets with a 60% service-caused
disability.
Chairman Filner stated, “Today, this committee took the opportunity to
redeem a debt to our Filipino comrades. We call our veterans ‘heroes’
for a reason and the heroes from past wars deserve all the care and
dignity that this nation can bestow. We will work boldly and tirelessly to
meet the needs of all our veterans and their families. Caring for
veterans is an ongoing cost of war and the measures passed today will have
an impact on our veterans and their dependents.” The bills if passed
by
a floor vote will be passed to the Senate for consideration. [Source:
HVAC Press Release 18 Jul 07 ++]
TSA DATA BREACH: With another publicized data breach, this time at
the Transportation Security Administration, chief privacy officers from
federal agencies gathered 18 JUL for a conference on how to better
secure personal data. Chief privacy officer at the Homeland Security
Department, Hugo Teufel said whenever humans are involved, accidents can
happen. TSA, which is part of Homeland Security, is investigating why a
missing computer drive containing payroll data was not protected with
encryption. Teufel said that TSA had moved quickly to implement better
security and how TSA management handles that should be a model for action.
Chief privacy officer at the FTC Marc Groman said, “We could have the
greatest plans in place, but unless our employees, staff and contractors
know about them, we are still at risk." Groman shared slides of an
internal FTC advertising campaign likening personal data to an egg and
showing what steps an employee must take if that egg gets broken. Later he
said the agency had all its 1,200 employees sign pledges to protect
personal data and inform a supervisor if any personal data is lost or
stolen. The White House Office of Management and Budget issued a directive
this week that asks agencies to inventory by 22 SEP the personal data
they are storing.
“When you look at policy and guidance, it looks oh so
simple until
you look at your mission and how your network is put together," said
Mischel Kwon, chief security technologist at the Justice Department. She
noted that earlier federal directives to decrease the use of Social
Security numbers linked to other personal data will be a challenge, as
will a requirement that agencies notify the U.S. Computer Emergency
Readiness Team within one hour of a data breach. With more than two dozen
departments and a chain of command to forward information to, that can be
"a hard tap dance to do in one hour." Having some amount of time to
evaluate and investigate a potential breach to determine whether it is
meaningful might be more useful than lots of notifications about
potential breaches. Federal privacy and security officers said the
challenge
of protecting data is changing as the workforce becomes more mobile with
laptop computers and BlackBerry handheld devices. Restricting telework
and what data can be removed do not entirely solve the problem because
many employees still need to travel. Evolving technology changes how
agencies need to address OMB directives. One solution often proposed
(Full disc encryption of data) does not solve all problems. This only
works when your computer is off." Encryption could become your highest
vulnerability. [Source: National Journal's Technology Daily
Greenfield
Heather article 18 Jul 07 ++]
CAR KEY ALARM: Here's a little tip for everyone. Put your car keys
beside your bed at night. If you hear a noise outside your home or
someone trying to get in your house, just press the panic button for your
car. The alarm will be set off and the horn will continue to sound until
either you turn it off or the car battery dies. This tip came from a
neighborhood watch coordinator. Next time you come home for the night and
you start to put your keys away, think of this: It's a security alarm
system that you probably already have and requires no installation.
Test it. It will go off from most everywhere inside your house and will
keep honking until your battery runs down or until you reset it with the
button on the key fob chain. It works if you park in your driveway or
garage. If your car alarm goes off when someone is trying to break in
your house, odds are the burglar or rapist won't stick around.... After a
few seconds all the neighbors will be looking out their windows to see
who is out there and sure enough the criminal won't want that. And,
remember to carry your keys while walking to your car in a parking lot..
The alarm can work the same way there. [Source: USS Hardhead Jack
Gallimore input 18 Jul 07++]
VA SECRETARY UPDATE 01: Secretary of Veterans Affairs, Jim Nicholson
announced 17 JUL he has tendered his resignation to President George W.
Bush, effective no later than 1 OCT 07. This follows a two-year term
that yielded mixed reviews from members of Congress. During his
tenure
as chief of the agency, Secretary Nicholson faced criticism over issues
relating to the release of the personal information of thousands of
veterans and multi-billion dollar shortfalls relating to healthcare for
U.S. servicemembers. Nicholson left the private business world over 10
years ago, where he ran a successful residential development and
construction company. He was elected Chairman of the Republican
National
Committee in January 1997. Immediately prior to becoming Secretary, he
served as the U.S. Ambassador to the Holy See. Nicholson, a Vietnam
Veteran,
was sworn in as Secretary of Veterans Affairs on 1 FEB05. Under
Nicholson’s leadership, the Department of Veterans Affairs (VA) continued
its
evolution as a leader in health care innovations, medical research,
education services, home loan and other benefits to veterans. He
transformed the VA health care system to meet the unique medical
requirements
of the returning combatants from Iraq and Afghanistan. In his letter of
resignation, Nicholson praised and thanked the President for the honor
of serving him and our Nation’s veterans in this key post at such a
“critical time in our nation’s global war on terror.” Nicholson said he
wants to return to the private sector. “This coming February, I turn
70
years old, and I feel it is time for me to get back into business,
while I still can.” He said he has no definite plans at this time.
During
Secretary Nicholson’s tenure at the Department of Veterans Affairs he:
• Directed each veteran of the GWOT who come to the VA for any kind of
care to be carefully screened for brain damage (TBI) and post traumatic
stress disorder (PTSD).
• Hired 100 new Outreach Coordinators to provide services to returning
OIF/OEF veterans.
• Created a new Advisory Committee on OIF/OEF Veterans and their
families to advise on ways to improve programs serving OIF/OEF veterans.
• Directed the Veterans Benefits Administration to give priority to
Operation Iraqi Freedom and Operation Enduring Freedom (OIF/OEF) veterans
in its compensation and pension claim system.
• Launched a major information technology transformation in the VA with
the way it uses and safeguards personal and health information of
veterans.
• Created a new Office of Operations, Security, and Preparedness to
deal with emergency planning and security.
• Initiated the overhaul of the VA’s vast contracting and acquisitions
systems.
• Created a blue ribbon Genomic Research Advisory Committee to use the
VA’s expansive medical data holdings to advance the science of
predictive medicine.
• Commenced a major campaign to reduce the high rate of diabetes in
veterans.
• Launched a national effort in the VHA to eradicate staph infections
in VA hospitals.
• Approved 82 new Community-Based Outpatient Clinics (CBOC) to bring VA
care closer to the veterans who have earned it.
• Created a new multi-campus Nursing Academy through partnership with
the nursing schools throughout the country to help address a shortage of
nurses within the VA and nationwide.
• Directed the hiring of suicide prevention counselors at each of VA’s
153 facilities to strengthen one of the nation’s largest mental health
programs.
• Established a 24-hour national suicide prevention hotline that will
be operational by 1 AUG 07.
• Hired 100 new Patient Care Advocates to help severely injured
veterans and their families manage VA’s system for health care and
financial
benefits.
• Led the President’s recent Task Force on Returning GWOT Heroes to
improve the delivery of federal services and benefits to GWOT service
members and veterans.
[Source: VA News Release 17 Jul 07 ++]
VETERAN CHARITIES REVIEW UPDATE 01: The Veterans Charitable Foundation
www.vcfusa.org was started in 1997 by Frank Cariello after going with
his World War II buddies to veteran's hospitals and seeing a need.
To
make it official and to obtain tax free status as a charitable
organization the foundation was registered with the Washington Secretly of
State under registration number #6374 making it a valid non-profit veteran
fund raising organization. Concerned that a door-to-door fund-raising
effort wouldn't pull in much money, Cariello of Boynton Beach hired
telemarketers in Florida, and eventually in other parts of the country,
who
began dialing for dollars. The strategy has paid off, but not for the
veteran's hospitals that are supposed to benefit from Cariello's
foundation. According to the organization's tax returns since 2000,
telemarketers have reeled in nearly $833,000 in donations, close to
$700,000 of
which went right back into the coffers of those companies hired to
solicit donations for veterans. Outsourced fund-raising
companies
demonstrate a huge flaw in the world of giving. While many donors think
their
money is going to a good cause, only a fraction goes to the nonprofit.
A large chunk actually lines the pockets of companies hired to raise
money.
A boxing promoter, Cariello, 69, pulls no punches when
it comes to
defending his organization. "It's the nature of the business,"
Cariello said. "The average person who gives $10 expects $9 to go to the
VA,
but if you use a telemarketer it doesn't work that way." Cariello, who
says he's operating in about a dozen states, freely admits that most of
the deals he's signed with telemarketers around the country provide for
an 85-15 split. Add to that the money he puts out on marketing,
overhead costs and the accountant he pays to file the organization's tax
returns, and the VA gets pennies on the dollar. Neither Cariello nor any
of
his board members take a salary, according to the organization's tax
return. Some veteran's organizations say charities like Cariello often
do more harm than good. Others take what they get and simply say thanks.
Charlie Smith, director of the North Carolina Division of Veteran's
Affairs, a state agency said, "There's a number of organizations that are
ripping people off and they hurt legitimate organizations." But
Marcus Wilson, a public affairs specialist for the Washington Regional
Office of Public Affairs for the Department of Veterans Affairs was a
little
less critical. "We are a government agency. We can't tell them how
much to give us or what to give us. We just say thank you," he said.
Cariello said the groups he's helped are grateful and he has letters to
prove it. He said, “You can give $250 and they say thank you. It's
something they didn't have last week. If we didn't do it, they wouldn't
get
it.” The money is used to pay for things the government doesn't pay for
such as food, personal care items, bus tokens to assist veterans get to
and from job interviews and television sets in hospitals rooms.
Charity watchdog groups say veteran's organizations are
one sector
where it's easy to prey on people's heartstrings. Sandra Miniuitti, a
spokeswoman for Charity Navigator says, "Veteran's groups rank way up
there, especially with the war going on." Vic Hamburger of Westborough
MA is one of those whose heartstrings were pulled. He received a call a
few months ago from a woman who said she was a volunteer and that 100%
of the money went to Cariello's foundation. Hamburger gave $20 and then
got to thinking. "I did a Google search and found an interesting
article about these folks and how they didn't come clean with their
fund-raising tactics," Hamburger said in a telephone interview. "If their
fund
raising isn't illegal, it's at the very least immoral and unethical,"
he said. Cariello said the telemarketers are supposed to follow a script
when soliciting donations, but agreed there may be some rogue callers.
By using telemarketing companies, nonprofit
organizations do get
more money but it comes at an enormous cost to members of the public,
who think their generosity is benefiting the charity. Cariello's
nonprofit is far from alone as many of the veterans, police and
firefighters
charities evaluated by Charity Navigator rank among the least efficient.
Of the 22 veterans’ charities evaluated by the watchdog group, more
than one-third have fund-raising expenses over 20% with three spending
more than 50% and two spending more than 95% of donations on fund raising.
By watchdog standards, nonprofits should spend no more than 10 cents
on the dollar on fund-raising, with 75% going to program costs and the
rest toward administration. If you are feeling charitable and want
to
see how much of your donation will reach those you are donating to
www.charitynavigator.org. Among other things the site has an
alphabetical
locator and will give you an overall efficiency rating plus comparison
to similar organization’s efficiency ratings. For instance the
Disabled American Veterans Charitable Service Trust has an overall four
star
rating which means they exceed industry standards and outperform most
charities in its Cause. Conversely, the Wisconsin Paralyzed Veterans
of
America and Former Military POW Foundation have zero star ratings which
means they performs far below industry standards and below nearly all
charities in their Cause. [Source: Palm Beach Post Susan Miller article
13 Jun 07 ++]
VETERAN LEGISLATION STATUS 30 JUN 07: For a listing of Congressional
bills of interest to the veteran community that have been introduced in
the 110th Congress refer to the Bulletin attachment. 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, 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 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. [Source: RAO Bulletin Attachment 30 Jul
07
++]
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: (760) 839-9003 when in U.S. & Cell: 0915-361-3503 when in
Philippines.
Email:
raoemo@sbcglobal.net (Primary) &
raoemo@mozcom.com (Alternate)
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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