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RAO Bulletin
1 August 2008
 
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THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

== Bereavement Check Cashing ------------- (New Rules Requested)
== VA Budget 2009 [04] --------------------- (Bush Threatens Veto)
== Sole Survivor [03] ---------------------------- (House Passes Bill)
== Mobilized Reserve 30 JUL 08 ----------------- (3,789 Decrease)
== Tricare Uniform Formulary [25] ----- (JUL Recommendations)
== Senior Corps ---------------------- (Service Opportunities)
== VA Lawsuit (Lack of Care) [10] ----------------- (Appeal Filed)
== DIC+SBP [04] -------------------------------------- (Offset Impact)
== Traumatic Injury Insurance -------------- (Payments to increase)
== Military Stolen Valor [08] ------------ (Ex-Atlantic City Mayor)
== Disabled Veterans Memorial [01] ------ (Commemorative Coin)
== GI Bill [26] ------------------- (Post 911 Bill Primer)
== South Carolina Vet Cemetery [01] ----- (Fort Jackson National)
== CRSC [39] ------------------------- (Glitch Surfaces)
== Agent Orange Equity ------------------------ (H.R.6562)
== Prostate Problems [05] ---------- (Abiraterone Clinical Results)
== Will [01] --------------------------------- (Guidelines)
== Overseas Absentee Voting [02] -------------- (2008 Guidelines)
== Government Vet Expenditures ---------- (1947 High Exceeded)
== Military Stolen Valor [07] --------- (Xavier Alvarez Sentenced)
== Tricare User Fee [27] -------------------- (Woes Demand Action)
== Amyotrophic Lateral Sclerosis [04] ------- (All Vets to be Rated)
== Walking Impact on Disability Risk ------- (41% Risk Decrease)
== Windows Vista [06] -------------------- (XP Downgrade Option)
== VA Voter Registration Ban [01] --------------- (VA Still Resists)
== Medicare Prescriptions ------------------- (Electronic Prescribing)
== COLA 2009 [02] --------------------------- (5.7% YTD)
== Foreclosure [02] ---------------------- (Take it to Court)
== VA Independent Living Program [02] ---------- (High Demand)
== Contact Info for Vets -------------------------------- (Who to Call)
== Cost of Government Day ---------------------------- (16 July)
== VA Retro Pay Project [12] --------- (Recheck of 25,448 Denials)
== VA - How to File a Claim [01] ------ (Online Now Authorized)
== National Park Passports [01] ----------------- (JAN 07 Change)
== Vet Jobs [03] ------------------ (Federal Age Restrictions)
== Pay as You Drive ------------------------ (CA Bill AB 2800)
== VA Claim Backlog [18] -------------- (8,763 Vets Die Waiting)
== Medicare Reimbursement Rates 2008 [12] --- (Veto Overridden)
== Medicare Reimbursement Rates 2008 [13] ---- (Middlemen Cut)
== Death Gratuity [02] --------------------------- (More Choices)
== Blood Thinners ------------- (Possible Warfarin Replacement)
== Know Your Food ----------------------------- (Read the Label)
== Veteran Legislation Status 29 JUL 08 ------- (Where we Stand)


BEREAVEMENT CHECK CASHING:   A complaint was filed with federal
 regulators 30 JUL against a savings and loan that refused to waive
 check-cashing procedures last month so a couple could pay for the funeral of their
 son who was killed in Afghanistan. Downey Savings and Loan Association
 refused to immediately cash two federal bereavement checks totaling
 $100,000 when they were presented at its Hemet CA branch by the parents
 of Navy Hospitalman Marc Retmier, attorney Gloria Allred said at a news
 conference. Allred said the bank wanted the family to wait more than a
 week while it verified the checks’ authenticity — well after the
 planned date of the sailor’s funeral. Allred has sent a letter of complaint
 to John Reich, head of the federal Office of Thrift Supervision, asking
 for an immediate investigation into the incident. She also asked
 regulators to adopt new rules requiring all thrifts and savings and loans to
 immediately cash federal bereavement checks. “It is shameful that
 parents of a child killed in action are treated by a regulated savings and
 loan as if they were potential ‘criminals’ by requiring that
 government-issued bereavement checks be held to verify the authenticity,” Allred
 said.

     Downey issued a statement saying it sympathizes with the family
 but was forced to abide by its procedures. The bank said its “check hold
 policy conforms with federal banking regulations and industry
 practices.” Retmier, 19, of Hemet was killed 18 JUN in a rocket attack in the
 northern Paktika province. The next day, Joy and Steve Retmier were given
 two U.S. Treasury checks to use for defraying expenses, including the
 cost of their son’s funeral, planned for 25 JUN. When they tried to
 deposit the checks on 20 JUN, officials at the local branch of Downey
 Savings & Loan told them that the checks would be held until at least 1 JUL
 to verify their authenticity. Allred said the parents pleaded with a
 teller to contact the military to immediately verify the checks but she
 and the bank manager refused.  A military recruiter also made the
 request but was refused by someone at Downey’s corporate offices. The next
 day the family found a credit union that deposited the checks and
 advanced $20,000 for the funeral, which was held June 25 in Corona del Mar.
 [Source: NavyTimes AP article 31 Jul 08 ++]


VA BUDGET 2009 UPDATE 04:    On 30 JUL the White House Wednesday
 threatened to veto a spending measure for veterans and military construction
 unless Congress finds offsets in other spending bills that would amount
 to $2.9 billion -- the sum exceeding President Bush's fiscal 2009
 budget request. Furthermore, if Congress cannot find offsets for that
 measure, the White House said it would consider a veto of the remaining 11
 appropriations bills. "If Congress determines that additional resources
 above the president's request are needed, Congress must provide
 reductions in other appropriations bills to offset this increase and meet the
 president's topline [discretionary spending cap] of $991.6 billion,"
 OMB said. "If Congress ... does not offset this increase with spending
 reductions in other bills, the president will veto any of the other bills
 that exceed his request until Congress demonstrates a path to reach
 the president's top line." OMB added veterans' spending is "104% above
 the level when the president took office," and therefore "provides ample
 resources to ensure veterans receive the quality care they deserve."

     The House could begin debate on the bill 30 JUL. If approved by
 the House, it would be the first of the 12 annual spending bills. The
 White House communiqué comes as Democratic leaders have said that they do
 not intend to finish work on all the spending bills, in part because of
 Bush's unwillingness to negotiate on spending levels. Under the $72.7
 billion fiscal 2009 Military Construction-VA Appropriations bill, the
 Veterans Affairs Department would receive $47.7 billion, which is $4.6
 billion above the fiscal 2008 funding level and $2.9 billion over Bush's
 fiscal 2009 budget request. The overall measure is $3.4 billion more
 than the $69.3 billion sought by Bush. Congress provided $63.9 billion
 for the measure in fiscal 2008. "This Congress is dedicated to meeting
 the needs of our nation's veterans, no matter the political maneuvering
 of a callous president," a Democratic aide to the House Appropriations
 Committee said. "Veterans are not political bargaining chips." Bush
 issued a similar threat last year, but ultimately agreed to increases for
 the VA.  [Source: Congress Daily Humberto Sanchez article  30 Jul 08
 ++]


SOLE SURVIVOR UPDATE 03:   Jason Hubbard and his two younger brothers
 all served in Iraq. He was the only one to return home alive. After the
 deaths of his brothers Jared and Nathan, Hubbard left the Army under
 the military's "sole survivor" policy, which allows sole surviving
 siblings to be discharged before their enlistment period is over. But Hubbard
 soon found that the Army was denying him benefits he would otherwise
 have been entitled to, including health coverage and access to the GI
 Bill. He was asked to repay some of his enlistment bonus. The House moved
 29 JUL to restore those benefits to Hubbard and others in his
 position. By voice vote lawmakers passed the "Hubbard Act," which ensures that
 sole survivors are entitled to the same benefits as others who
 honorably leave the military, including transitional health care, educational
 support and separation pay that compensates for inability to continue
 service. Rep. Devin Nunes (D-CA) who is Hubbard's congressman noted that
 the sole survival policy was established some 65 years ago after the
 widely publicized death of the five Sullivan brothers at sea during the
 Battle of Guadalcanal in World War II. "In all that time, no law has
 been passed on behalf of sole survivors," Nunes said. "The Hubbard Act
 rectifies this oversight and honors the patriotic service and enormous
 sacrifice of the Hubbards." Companion legislation is being sponsored in
 the Senate by Sen. Dianne Feinstein (D-CA) and Saxby Chambliss (R-GA).
 They hope to move it quickly through Congress so it can go to President
 Bush for his signature. The Defense Department has counted at least 50
 sole survivors since 911 according to Nunes' office. Most of the act is
 retroactive to that date. [Source: AP Erica Werner article 29 Jul 08
 ++]


MOBILIZED RESERVE 30 JUL 08:  The Army, Air Force and Marine Corps
 announced the current number of reservists on active duty as of 30 JUL 08
 in support of the partial mobilization. The net collective result is
 3,789 fewer reservists mobilized than last reported in the Bulletin for 15
 JUL 08. At any given time, services may mobilize some units and
 individuals while demobilizing others, making it possible for these figures
 to either increase or decrease. The total number currently on active
 duty in support of the partial mobilization of the Army National Guard and
 Army Reserve is 82.075; Navy Reserve, 5,814; Air National Guard and
 Air Force Reserve, 11,218; Marine Corps Reserve, 8126; and the Coast
 Guard Reserve, 777. This brings the total National Guard and Reserve
 personnel who have been mobilized to 108,010, including both units and
 individual augmentees. A cumulative roster of all National Guard and Reserve
 personnel, who are currently mobilized, can be found at
 http://www.defenselink.mil/news/Jul2008/d20080730ngr.pdf.  [Source: DoD
 News Release 644-08 30 Jul 08 ++]


TRICARE UNIFORM FORMULARY UPDATE 25:   On 24 JUL the Beneficiary
 Advisory Panel (BAP) met to provide comments to the Department of Defense
 (DoD) Pharmacy and Therapeutics Committee’s (P&T Committee)
 recommendations on formulary status, pre-authorizations, and the effective date for a
 drug’s change from formulary to non-formulary status. Moving a drug to
 non-formulary status means it will still be available to
 beneficiaries, but usually at a higher price. It may also require medication
 authorization. Current and new drugs were reviewed during this meeting. BAP
 recommendations for drugs currently on the DoD Uniform Formulary are as
 follows:

Hydroxytryptamine (Triptans) drugs:
• sumatriptan (Imitrex), sumatriptan/naproxen (Treximet), eletriptan
 (Relpax), rizatriptan (Maxalt), zolmitriptan (Zomig) will be classified
 as formulary, and
• almotriptan (Axert), frovatriptan (Frova) and naratriptan (Amerge)
 will be non-formulary within a 90-day implementation period.

Osteoporosis Agents:
• alendronate (Fosamax), alendronate/vitamin D (Fosamax plus D),
 risedronate (Actonel), risedronate with calcium (Actonel with calcium),
 ibandronate (Boniva), raloxifene (Evista), teriparatide (Forteo),
 recombinant calcitonin (Fortical) will be maintained on the Uniform Formulary,
 and
• salmon-calcitonin (Miacalcin) will be placed on the non-formulary
 status within a 90-day implementation period.

Newly approved drugs by the Federal Drug Administration were considered
 by the BAP. Those recommended to be classified as non-formulary with a
 60-day implementation period were:
• nebivolol (Bystolic) is used to treat hypertension,
• levocetirizine (Xyzal) is used to treat seasonal and perennial
 allergic rhinitis and chronic idiopathic urticaria,
• zileuton extended release (Zyfol CR) is used to treat asthma, and
• olmesartan/amlodipine (Azor) is used to treat hypertension.

New drugs that were recommended for formulary status were:
• fenofibrate meltdose (Fenoglide) is used for the treatment of
 hyperlipidemia and mixed dyslipidemia,
• simvastatin/niacin extended release (Simcor) is used for the
 treatment of hyperlipidemia,
• birmonidine/timolol maleate (Combigan) is used to reduce the increase
 intraocular pressure; aliskiren/H, and
• aliskiren/hysdrochlorothiazide (Tekturna HCT) is used for the
 treatment of hypertension.

Axert was placed on non-formulary status. For additional information on
 the recent BAP meeting, refer to www.tricare.mil/pharmacy/bap. 
 [Source: NMFA e-News 29 Jul 08 ++]


SENIOR CORPS:  Americans over 55 have a lifetime of experience to
 share, and the potential to make a real difference in their world. They’ve
 managed households, been business owners and nurses, farmers and
 salespeople, artists and executives. Those who now have time can put their
 unique talents and expertise to work in their communities, and enrich
 their own lives in the process. Senior Corps connects today’s over 55s with
 the people and organizations that need them most. It helps seniors to
 become mentors, coaches or companions to people in need, or contribute
 their job skills and expertise to community projects and organizations.
 Conceived during John F. Kennedy's presidency, Senior Corps currently
 links more than 500,000 Americans to service opportunities. Their
 contributions of skills, knowledge, and experience make a real difference to
 individuals, nonprofits, and faith-based and other community
 organizations throughout the United States. Senior Corps offers several ways to
 get involved. Volunteers receive guidance and training so they can make
 a contribution that suits their talents, interests, and availability.
 Following are programs in need of volunteers:

• The Foster Grandparent Program connects volunteers age 60 and over
 with children and young people with exceptional needs. Volunteers mentor,
 support, and help some of the most vulnerable children in the United
 States. For more on this program refer to
 www.seniorcorps.org/about/programs/fg.asp.
• The Senior Companion Program brings together volunteers age 60 and
 over with adults in their community who have difficulty with the simple
 tasks of day-to-day living. Companions help out on a personal level by
 assisting with shopping and light chores, interacting with doctors, or
 just making a friendly visit. For more on this program refer to
 www.seniorcorps.org/about/programs/sc.asp.
• RSVP connects volunteers age 55 and over with service opportunities
 in their communities that match their skills and availability. From
 building houses to immunizing children, from enhancing the capacity of
 non-profit organizations to improving and protecting the environment, RSVP
 volunteers put their unique talents to work to make a difference. For
 more on this program refer to
 www.seniorcorps.org/about/programs/rsvp.asp.

     Senior Corps is a program of the Corporation for National and
 Community Service, an independent federal agency created to connect
 Americans of all ages and backgrounds with opportunities to give back to their
 communities and their nation. For information on joining one of the
 Senior Corps programs call 1-800-424-8867, email
 help@joinseniorservice.org, or visit www.getinvolved.gov. [Source: AARP
 About Senior Living Sharon O’Brien article 29 Jul 08 ++] 


VA LAWSUIT (LACK of CARE) UPDATE 10:   As promised, the advocacy group
 Veterans for Common Sense has filed an appeal in a case in which it
 accuses the Veterans Affairs Department of putting veterans at risk for
 suicide and mental health issues through shortfalls in care. In June,
 Judge Samuel Conti of the 9th Circuit Court of Appeals in California ruled
 that the case was out of his jurisdiction because Veterans for Common
 Sense could not prove that the problems cited — delays in benefits,
 lost records, long waits for doctors’ appointments, not enough oversight
 and veterans turned away from hospitals with suicidal thoughts — applied
 to every veteran, and were therefore not systemic. However, Conti said
 in his ruling that those problems need to be tended to, and that
 individual veterans could sue VA. He said the power to change the system
 ultimately rests with Congress and VA. But Veterans for Common Sense, in
 conjunction with Veterans United for Truth, appealed because they
 believe the courts do have jurisdiction and can force change. They have
 requested an expedited hearing, citing new statistics that show a veterans’
 suicide hotline receives 250 calls a day from people in distress. The
 case brought to light several problems within the system, including an
 e-mail from a woman who oversees mental health workers at a Temple,
 Texas, VA facility in which she said her center did not have the resources
 necessary to diagnose veterans with post-traumatic stress disorder and
 advised them instead to diagnose “adjustment disorder” — a short-term
 diagnosis no longer applicable to veterans who have had symptoms for
 more than six months. The case also disclosed an e-mail that showed more
 than 1,000 veterans in VA’s care attempt suicide every month. “For these
 reasons, plaintiffs believe they should continue to fight, that their
 cause is valid, and that Judge Conti was incorrect in holding that the
 courts are without power to grant veterans a remedy,” [Source:
 AirForceTimes Kelly Kennedy article posted 29 Jul 08 ++]


DIC+SBP UPDATE 04:   The husband of Anne Parks-- a military policeman
 exposed to the defoliant Agent Orange during two tours in Vietnam --
 paid 30 years of premiums on their Defense Department Survivor Benefit
 Plan (SBP) insurance policy the couple believed would allow her to pay the
 bills and live comfortably after his death.  When he died in 2006,
 Parks learned that the law allows the government to significantly cut --
 and in many cases eliminate -- that Defense Department insurance payment
 if the surviving spouse elects to receive a Veterans Affairs benefit
 (DIC) established to compensate for the loss of a family member whose
 death was service-related. DoD refunded the Parks' premiums, but it paid
 no interest on the money, which was counted as income and taxed. Called
 an "offset," the dollar-for-dollar cut was created to limit how much
 compensation payments cost the government.  Nearly 57,000 surviving
 spouses of military retirees argue that the benefits are separate. One is
 insurance, bought and paid for through premiums, and the other is a
 federal benefit for surviving dependents.

      In most cases, surviving spouses were unaware they wouldn't get
 that money after their husbands or wives died. The offset has forced
 some elderly surviving spouses to live solely on the VA benefit -- with a
 base rate of about $13,100 a year -- or to get a job to make the rent
 or house payments. Eliminating the offset between the SBP and DIC
 programs is estimated to cost between $6 billion and $8 billion over the
 first 10 years, an argument used by some people who oppose eliminating the
 offset. "That cost is a cost of war," said Jeanne Thompson, president
 of the El Paso del Norte Chapter of the Gold Star Wives of America.
 "They don't mind spending money" on equipment and operations in Iraq and
 Afghanistan.  The Gold Star Wives have been at the forefront of the
 effort eliminate the offset.  "They (members of Congress) don't feel they
 need to find the money because we're not a very vocal group," said Edith
 Smith, a Virginia resident who is on the Gold Star Wives Government
 Relations Committee and has been trying to persuade lawmakers to remove
 the offset since 1999. "Most of our members don't understand the process
 of
government and how important it is to participate --just to call their
 representatives in Congress."

       Legislation has been introduced in the past years and amendments
 to the NDAA have been proposed but neither has gained the support of
 enough legislators to change the law. Currently S.935 in the Senate has
 50 cosponsors but even if it passes it is doubtful the House, which has
 no bill on the issue, will act by the end of the 110th Congress. Thus,
 new legislation will have to be introduced in the 111th Congress to
 keep this issue alive. SBP, for the most part, is offered to military
 retirees who pay a monthly premium of 6.5% of their retirement pay. It is
 supposed to provide the surviving spouse up to 55% of that retirement
 pay. After the 911 terrorist attacks, the benefit was expanded to
 include military members who die on active duty.  DIC is paid to surviving
 dependents of service members who die on active duty and military
 retirees who die of a service-related condition. The basic payment is $1,091 a
 month. If the surviving spouse elects to receive this benefit, that
 amount is deducted from the SBP payment, in some cases wiping it out
 completely. Most surviving spouses choose the VA's DIC benefit because it
 is not taxed. The Defense Department annuity is.

     Anne Parks' husband died of pneumonia after paying 30 years of SBP
 premiums. His death was considered service-connected.  It took eight
 months to be approved for the VA benefit, and she was paid retroactively
 to the date of her husband's death.  But that triggered cuts in her
 SBP payments, which took her by surprise. The Defense Department paid her
 a lump sum of $24,000 for the 30 years of premiums the couple had
 paid, and the federal government immediately took $7,000 of that back in
 taxes. The cuts to her SBP payment amounted to about $1,100 a month, she
 said. "It seems that it's unfair because they give it to you and then
 they take it away," Parks said.  Melitta Pisarcik's husband died at the
 relatively young age of 57. He had been exposed to Agent Orange. She
 received a refund of $5,000 for payments to the Survivor Benefit Plan,
 which was taxed. "What happened to the interest?" Pisarcik asked, adding
 that she was faced with living on $833 a month.   [Source:  El Paso
 Times Chris Roberts article 27 Jul 08 ++]


TRAUMATIC INJURY INSURANCE:   Traumatic injury insurance is part of the
 Servicemembers’ Group Life Insurance program. A monthly premium of $1
 is charged on top of the normal SGLI premium for coverage aimed at
 helping troops and their families with the financial difficulties of severe
 injuries. More than 1,600 severely disabled veterans could receive
 retroactive traumatic injury insurance payments as a result of a newly
 released review of how benefits have been paid under the 3½-year-old
 supplemental benefits program. The payments, which range from $25,000 to
 $100,000, could be paid as early as this fall as a result of discussions
 between the Department of Veterans Affairs, which runs the program, and
 doctors who are treating severely wounded combat veterans. The average
 retroactive payment would be $32,000, according to the JUL dated
 review. About 4,400 people have received traumatic injury insurance payments
 since the program was created in 2005. The estimated 1,640 people who
 would receive retroactive benefits as a result of the review include
 some who did not previously qualify and some who received payments but now
 would get more, according to VA officials. Officials said the report
 offers 11 recommendations to expand definitions of traumatic injury for
 insurance purposes, and all are expected to be included in a revised
 regulation likely to be issued by VA this fall. No payments can be made
 until final regulations are issued, but the new definitions would apply
 to new injuries and also retroactively to injuries since 7 OCT 01.

     Officials said that although the recommendations are not
 controversial and appear to have widespread support, the regulations that will
 spell out the changes are not final. More than three-quarters of the
 people due payments as a result of the review suffered a traumatic brain
 injury or another traumatic injury that resulted in their being
 hospitalized for 15 consecutive days or more since 11 SEP 01, but did not
 qualify for insurance payments under the existing criterion. Those criterion
 use a six-part test to determine who can receive financial help by
 measuring a person’s ability to carry out daily activities: eating,
 bathing and using a toilet. That criterion would still be used, but inpatient
 hospitalization for 15 continuous days would be a new way to qualify.
 The average insurance payment would be $25,000 for those retroactively
 covered by the change, the report said. Traumatic brain injuries and
 similar trauma have accounted for 2,550 of the 4,400 payouts of traumatic
 injury insurance. Another proposed change would extend coverage to
 about 300 people who suffered limb injuries so severe that amputation was
 possible but who, instead, have undergone multiple surgeries to save
 the limb. VA officials said doctors at Walter Reed Army Medical Center in
 Washington and at Brooke Army Medical Center in San Antonio said limb
 salvage requires more rehabilitation than amputations.

     The services, especially medical staff, are heavily involved in
 the process because, for a service member to receive the benefit, a
 medical professional must document the injury. One recommended change would
 provide an insurance payment if a service member loses sight in both
 eyes for 120 days, a change from the current standard that requires total
 and permanent loss of sight. The program provides $100,000 for loss of
 sight in both eyes and $50,000 for the loss of sight in one eye. The
 definition of amputation of a hand or foot would change to include the
 loss of four fingers on a hand or four toes or more on a foot, or the
 loss of a thumb or big toe. The benefit would be $50,000 for one affected
 hand and $100,000 if both are affected, and $25,000 for one affected
 foot and $50,000 if both are affected. The standard for determining when
 someone is severely burned also would change. The current standard
 provides payment for a third-degree burn covering at least 30 percent of
 the face or body. The review recommends payment for second-degree burns
 covering 20% of the face or body after military doctors said that
 second-degree burns require the same rehabilitation as third-degree burns.
 The benefit for severe burns is $100,000. Facial reconstruction, not
 currently covered, would be added, with payments ranging from $25,000 to
 $75,000, depending on the severity of the injury and the surgery
 required. Complete and total paralysis of a limb also would be added as a
 traumatic injury, worth a payment of $50,000. [Source:  ArmyTimes Rick Maze
 article 28 Jul 08 ++]


MILITARY STOLEN VALOR UPDATE 08:   The judge's tone was sympathetic,
 bordering on sorrowful. He listened as the former mayor of Atlantic City
 described how he assisted an elite unit behind enemy lines during the
 Vietnam War, insisting it was real, that he was there, and lived through
 it. But before and after Robert Levy spoke in a federal courthouse in
 Camden on 25 JUL, U.S. District Judge Jerome Simandle cited evidence
 from prosecutors and Department of Veterans Affairs officials that it
 couldn't have happened, that Levy was making up important parts of it.
 Known as the "Missing Mayor" because he dropped out of sight for two weeks
 last fall, he admitted that he had lied about his Vietnam War service,
 embellishing it to include dangerous exploits with elite special
 operations forces in order to fatten his veterans’ benefits check.  The
 judge let Levy off without a prison term, although the disgraced former
 mayor will have to repay the $25,198 he wrongly got from the government,
 plus a $5,000 fine, and serve three years' probation.

     Levy stepped down as mayor in October, after admitting his
 two-week absence was to attend a clinic for treatment of substance-abuse and
 mental-health issues. During yesterday's hearing, Simandle said Levy
 unquestionably suffers from post-traumatic stress disorder. The judge said
 Levy continues to exaggerate his military service, specifically by
 saying he did work for an elite pathfinder unit, which set up landing
 zones during the war and made other combat preparations in enemy-controlled
 territory. Levy insisted he had done several missions with the unit
 even though he was not a member of it. But Simandle noted that Veterans
 Affairs officials interviewed commanders and members of the special unit
 Levy claimed to have served with, and none remembered him. The judge
 said afterward that "there's no record and no recollection of his
 service [with the special unit] other than Mr. Levy's." Yet Levy insisted
 that he had helped the pathfinder unit from time to time. "Being young, 17
 years old, I wanted to help and do whatever I could for my country,"
 Levy said. "I just volunteered and went. There were no orders; I picked
 up my M-16 and my radio and went along. On occasion, they would ask me,
 and I said yes. I was 17 - young, strong and dumb."

     Levy is now unemployed, without an income (the Veterans Benefits
 Administration has stripped him of all benefits, including those he had
 been receiving for physical injuries) and still dealing with mental
 health issues from the war. Simandle repeatedly praised Levy's service,
 which included two tours in Vietnam that left him with serious
 psychological ailments that went untreated for years. The judge said Levy
 continues having trouble determining what is real and what is not. Jacobs said
 Levy emerged from the war "with severe psychological wounds." Since
 leaving the Army in 1984, Levy has grappled with anxiety and depression,
 Jacobs said. Those problems worsened after the Sept. 11, 2001, terror
 attacks. The stress of running for and serving as mayor - he falsely
 claimed in campaign literature to have served with the Green Berets - also
 took its toll. "He couldn't function as mayor," the judge said. "All
 the other stuff was catching up to him. What he went through was a
 crisis. He didn't come out of it well."  [Source: Philadelphia Daily News AP
 Wayne Parry article 26 Jul 08 ++]


DISABLED VETERANS MEMORIAL UPDATE 01:   On 18 JUL President Bush signed
 the American Veterans Disabled for Life Commemorative Coin Act into
 law.  The bill authorizes the U.S. Treasury Department to mint a coin in
 2010 to honor the millions of veterans who became disabled while
 serving in the U.S. Armed Forces. Proceeds from the sale of the coin will go
 to help construct the American Veterans Disabled for Life Memorial.
  Congress has authorized the American Veterans Disabled for Life Memorial
 to be placed on a site adjacent to the National Mall.  The Disabled
 Veterans' LIFE Memorial Foundation describes the memorial's purpose as a
 way to "embody America's lasting gratitude for the men and women whose
 lives are forever changed in service to our country." By precedent, only
 two commemorative coins are minted each year.  Though the
 commemorative coin will help to raise a portion of the funds needed to construct
 the memorial, more money is needed for construction. For more information
 on the Disabled Veterans memorial or how to make a donation visit
 www.avdlm.com, write Disabled Veterans LIFE Memorial Foundation, Inc., 2300
 Clarendon Boulevard, Suite 302, Arlington VA 22201-3367 or send an
 email to info@dvlmf.org.  [Source:  NAUS Weekly Update 25 Jul 08 ++]


GI Bill Update 26:   The new GI Bill will be a great benefit for
 service members when it goes into effect until 1 AUG 09.  The new education
 bill, commonly called the Post-9/11 G.I Bill, will govern payment and
 reimbursement plans for veterans and servicemembers who seek to further
 their education.  The new plan will be open to most servicemembers who
 served on active duty after 11 SEP 01. This includes people who have not
 been eligible for the Montgomery G.I. Bill, such as Air Force Academy
 or ROTC graduates, those who declined to participate in the program,
 and those whose service started before it went into effect in 1985.  It
 is expected people who have already elected to participate in the
 Montgomery Bill program will have the option to use the new plan, if they
 wish; however, it may be in a member's best interest to stick with the
 Montgomery Bill for certain distance-learning programs or if they would
 prefer money be sent directly to them..Although the tuition benefit will
 be available to most people while they are on active duty, in many
 instances it will be most advantageous to use all the benefits after
 separating. Many of the details are being worked out between the DoD and VA
 but this is what we know for sure:
 
Tuition - The Post-9/11 G.I. Bill will cover tuition with payments sent
 directly to the school.  The formula for determining the amount of
 tuition and fees paid will be based on the highest cost of a
 state-supported bachelor's degree program.  The tuition amount will be paid directly
 to the college.
Housing - A housing allowance will be made available to prior service
 members who attend as civilian full-time students.  The rate will be
 that of a staff sergeant (E5) with dependents.
Books & Supplies - A maximum of $1,000 per year will be allotted to the
 member to cover the costs of books and supplies needed for classes.
  The stipend will be divided by terms, so if someone attends a two-term
 school, the allotment will be $500 per semester, whereas the student
 will receive $333 if they attend a three-semester school.
Tutoring - $100 a month for 12 months will be available for tutor
 programs should the service member require extra help outside of his or her
 studies.
Availability – Service members can use the program up to 15 years after
 they are honorably discharged or retire from the service.
Certification – An extra $2,000 is available to pay for one license or
 certification test as approved by the VA.
Transferability – A portion of the tuition stipend, as well as the
 tutoring allowance, may be available for service members to transfer to
 family members.  Details for this are still being worked out between DOD
 and the VA.
[Source:  NAUS Weekly Update 25 Jul 08 ++]


SOUTH CAROLINA VET CEMETERY UPDATE 01:   The Department of Veterans
 Affairs (VA) has named the national cemetery to be built near Columbia SC
 as the Fort Jackson National Cemetery.  VA also awarded a $2.53 million
 construction contract for the initial phase of development to
 International Public Works, LLC, of North Charleston. The new 585-acre cemetery
 will be located in Richland County just east of the city of Columbia
 and south of Interstate Highway 20 on property donated by the Fort
 Jackson Army post.  VA expects construction of a 15-acre area to begin this
 summer and burials to begin there later this year.  The cemetery staff
 will work initially from a temporary office, committal service shelter
 and equipment facility building until construction is completed.  That
 area will include 1,400 full-casket gravesites and 1,100 in-ground
 cremation burial sites. When the cemetery’s 50-acre first phase of
 development is finished, it will contain 5,000 full-casket gravesites,
 including 4,200 pre-placed crypts and approximately 2,000 columbarium niches.
  It will provide burials for more than 170,000 veterans and their
 families who live in central South Carolina.

        The cemetery will include an administration/public information
 center, public restrooms, a maintenance building and two committal
 service shelters.  Other infrastructure will include roadways, landscaping,
 utilities and irrigation. Veterans with a discharge issued under
 conditions other than dishonorable, their spouses and dependent children are
 eligible for burial in a national cemetery.  Other burial benefits for
 eligible veterans include a burial flag, a Presidential Memorial
 Certificate and a government headstone or marker – even if they are not
 buried in a national cemetery. VA burial benefits information can be
 obtained from national cemetery offices, a VA Web site on the Internet at
 http://www.cem.va.gov, or by calling VA regional offices at (800)
 827-1000. For information about the Fort Jackson National Cemetery, call the
 cemetery staff at (866) 577-5248.  To make burial arrangements, call
 the national scheduling office at  (800) 535-1117.  [Source: VA News
 Release 25 Jul 08 ++]


CRSC UPDATE 39:   The services began processing in JUN 08
 Combat-Related Special Compensation (CRSC) claims based on expanded CRSC eligibility
 to members with less than 20 years of service (YOS) who were retired
 for medical reasons (Chapter 61) or retired under the Temporary Early
 Retirement Authority (TERA) during the 1990s force reduction.
 Compensation amounts vary widely based on several key factors, including rank,
 years of service, DoD and VA disability ratings, and the portion of the
 disability that’s the result of combat. Based on individual
 circumstances, retirees may receive CRSC awards that restore part or all their
 longevity-based retired pay. In certain other cases, they may see no change
 in their pay.  A few key factors in understanding the CRSC guidance for
 compensation are:
- Years of Service: the more service, the easier to qualify (more ret
 pay earned by service alone -- 2.5% of pay/yr) .
- Relative VA vs. DoD disability rating: the bigger the difference, the
 easier to qualify for CRSC % disability due to combat: The more due to
 combat, the easier to qualify for CRSC.
- Key issue: Any retired pay above 2.5% x YOS is still subject to
 offset by VA disability comp.
- Multiple factors mean results not always predictable

Thousands of retirees will benefit from the CRSC expansion. However,
 some with combat-related disabilities who currently lose their entire
 retired pay to the disability offset will still see no CRSC payment
 because of an unanticipated glitch in the statutory payment formula. With the
 many factors which go into the calculation, there's no clear cutoff to
 explain exactly who will get less than expected. In general, those
 most likely to be affected are enlisted members with fewer than 14 years
 of service who have a high VA disability percentage but a significantly
 lower percentage that's due to combat.  Some retired officers are also
 affected.  For example, MOAA has noted under the statutory formula the
 CRSC award for a E-7 with 12 years active duty service rated 100% by
 both DoD and VA, but only 60% is combat-related would be computed as
 follows:

DoD Disability Retirement: $2,376
Less Service-Earned Retirement Pay:  $950
DoD Pay for Disability would be: $1,426
Max CRSC for 60% combat related:  $921
Less DoD Pay for Disability: $1,426 (formula requires this deduction
 even when member doesn't actually receive any pay from DoD)
CRSC Award would be: $0

DoD and DFAS aren't the culprits here...they have to pay according to
 the statutory formula. MOAA has briefed the Armed Services Committee
 staffs on the problem and a potential legislative fix. Informally, service
 and finance officials agree that the formula doesn't work as it should
 in some cases.  But for the majority it works fine as in the case of
 an E4 with 4 YOS and rated 100% from both DoD and VA (100%
 combat-related):

DoD Disability Retirement: $1,412 (75% of base pay)
Less Service Earned Retirement Pay:  $188 (4 Yrs x 2.5% x pay)
DoD Pay for Disability would be: $1224
Max CRSC 100% combat related: $2527
Less DoD Pay for Disability: $1224
CRSC eligibility: $1303 cannot exceed service earned pay of  $188
CRSC Award would be = $188

Best advice to combat-disabled retirees: APPLY! [Source:  MOAA Leg Up
 25 Jul 08 ++]


AGENT ORANGE EQUITY:   On 23 JUL House Veterans’ Affairs Committee
 Chairman Bob Filner (D-CA) held a press conference to announce the
 introduction of H.R. 6562, the Agent Orange Equity Act of 2008.  The bill
 restores equity to all Vietnam veterans that were exposed to Agent Orange.
  It would clarify the laws related to VA benefits provided to Vietnam
 War veterans suffering from the ravages of Agent Orange exposure.  From
 1991 to 2002, the VA granted hundreds, if not thousands of disability
 claims filed by Navy blue water veterans suffering from one of the many
 diseases that VA recognizes as related to Agent Orange exposure.  These
 benefits were awarded based on VA rules providing that service in the
 waters offshore Vietnam qualified the veteran for the presumption of
 exposure to Agent Orange.  In FEB 02 VA did an about face and required
 veterans to have ‘actually served on land within the Republic of Vietnam …
 to qualify for the presumption of exposure to’ Agent Orange.  As a
 result, all pending and new disability claims filed by Navy blue water
 veterans for an Agent Orange-related disease were denied unless there was
 proof that that the veteran actually set foot on Vietnamese soil.  In
 addition, the VA began to sever benefits that had been granted to Navy
 blue water veterans prior to the 2002 change in VA rules. 

     In order to try to gain a better military vantage point, Agent
 Orange, which we now know is a highly toxic cocktail of herbicide agents,
 was widely sprayed for defoliation and crop destruction purposes all
 over the Vietnam War Battlefield, as well as nearby nations.  It was also
 stored on U.S. vessels and used for vegetation clearing purposes
 around U.S. bases, landing zones and lines of communication.  Currently, VA
 requires Vietnam veterans to prove “foot on land” in order to qualify
 for the presumptions of service-connection for herbicide-exposure
 related illnesses afforded under current law.  This issue has been the
 subject of much litigation and on 8 MAY, the Federal Circuit Court of Appeals
 upheld VA’s overly narrow interpretation.  Congress clearly did not
 intend to exclude these veterans from compensation based on arbitrary
 geographic line drawing by VA. 

     If enacted every service member awarded the Vietnam Service medal,
 or who otherwise deployed to land, sea or air, in the Republic of
 Vietnam is fully covered by the comprehensive Agent Orange laws Congress
 passed in 1991.  It will make it easier for VA to process Vietnam War
 veterans’ claims for service-connected conditions that scientists have
 conclusively linked to toxic exposures during the Vietnam War and that are
 identified in current law.  Chairman John Hall who leads the
 Subcommittee on Disability Assistance and Memorial Affairs, the subcommittee
 with jurisdiction over these issues stated, “With this legislation,
 Congress will leave no doubt that the ‘Blue Water Navy’ and all combat
 veterans of Vietnam are intended to be covered and compensated; thus ensuring
 that these veterans will receive the disability benefits they earned
 and deserve for exposure to Agent Orange. This is the cost of war. We
 asked these brave men and women to fight for us and serve their country,
 and it is a grave injustice that they have had to wait this long for
 treatment. We must place care of our soldiers among our top priorities.
 This applies for all past, present, and future conflicts.” [Source: HCVA
 Bob Filner News Flash 23 Jul 08 ++]


PROSTATE PROBLEMS UPDATE 05:  This year, according to the American
 Cancer Society, an estimated 186,000 men in the U.S. will be diagnosed with
 prostate cancer, and about 28,000 will die from the disease.
  According to phase-I clinical results published in the Journal of Clinical
 Oncology on 22 JUL, a new drug, abiraterone, dramatically shrunk the size
 of tumors and offered lasting benefits for prostate patients, compared
 with existing treatments. Researchers found that this experimental drug
 showed significant benefits for men who had exhausted all other
 treatments.  Though it is in early development, many cancer doctors are
 optimistic about abiraterone.  Cougar Biotechnology Inc., who sponsored the
 trial, says the drug could be approved for sale in the U.S. as early as
 2011, if all goes well. Initial findings suggest more patients with
 advanced prostate cancer respond to abiraterone than other drugs in
 development. There is also evidence the tumors shrink more on this drug and
 that benefits last longer, in some cases, a year and a half.  Prostate
 cancers are fueled by testosterone. This drug lowers the levels of
 testosterone below what can be achieved with other drugs. The next step is a
 much larger, international clinical trial, which is currently
 enrolling patients. The goal is to determine whether the many benefits of this
 drug translate into prolonged survival for patients, the way it has for
 current trial users. [Source: ABC Medical News John McKenzie article
 23 Jul 08 ++]


WILL UPDATE 01:  When you die state law will determine what happens to
 your property if you do not make a will or use some other legal method
 to transfer your property. Generally, it will go to your spouse and
 children or, if you have neither, to your other closest relatives. If no
 relatives can be found to inherit your property, it will go to the
 state. In addition, in the absence of a will, a court will determine who
 will care for your young children and their property if the other parent
 is unavailable or unfit to do so. If you are part of an unmarried
 same-sex couple, your surviving partner will not inherit anything unless you
 live in one of the few states that allow registered domestic partners
 to inherit like spouses: California, Connecticut, Maine, New Jersey, and
 Vermont. Any adult of sound mind is entitled to make a will. Beyond
 that, there are just a few technical requirements a will must fulfill:
• The will must be signed by at least two witnesses. The witnesses must
 watch you sign the will, though they don't need to read it. Your
 witnesses, in most states, must be people who won't inherit anything under
 the will. (If your state allows "holographic" wills, you don't need
 witnesses.)
• You must date and sign the will.

You do not have to have your will notarized. In many states, though, if
 you and your witnesses sign an affidavit (sworn statement) before a
 notary public, you can help simplify the court procedures required to
 prove the validity of the will after you die. You do not have to record or
 file your will with any government agency, although it can be recorded
 or filed in a few states. Just keep your will in a safe, accessible
 place and be sure the person in charge of winding up your affairs (your
 executor) knows where it is. A lawyer does not have to write a will, and
 most people do not need a lawyer's help to make a basic will -- one
 that leaves a home, investments, and personal items to your loved ones,
 and, if you have young children, that names a guardian to take care of
 them. Creating a basic will rarely involves complicated legal rules, and
 most people can create their own will with the aid of a good software
 program or book. But if you have questions that aren't answered by the
 resource you're relying on, or your situation is unusual, it may be
 worth it to see a good lawyer

     Handwritten, unwitnessed wills, called "holographic" wills, are
 legal in about 25 states. To be valid, a holographic will must be written
 and signed in the handwriting of the person making the will; in some
 states it must also be dated. Some states allow you to use a
 fill-in-the-blanks form if the rest of the will is handwritten and the will is
 properly dated and signed. A holographic will is better than nothing if
 it's valid in your state. But a will signed in front of witnesses is
 better. If a holographic will goes before a probate court, the court may be
 unusually strict when examining it to be sure it's legitimate. And if
 you don't have guidance -- from a good self-help resource or a good
 lawyer -- it's easy to write something that turns out to be ambiguous or
 even contrary to what you intended. Very few wills are ever challenged
 in court. When they are, it's usually by a close relative who feels
 somehow cheated out of a share of the deceased person's property. To get an
 entire will invalidated, someone must go to court and prove that it
 suffers from a fatal flaw, the signature was forged, you weren't of sound
 mind when you made the will, or you were unduly influenced by someone.
 
    The law protects surviving spouses from being left with nothing. If
 you live in a community property state (Arizona, California, Idaho,
 Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin -- or
 Alaska if you have made a written community property agreement), your
 spouse automatically owns half of all the property and earnings (with a few
 exceptions) acquired by either of you during your marriage. You can
 leave your half of the community property, and your separate property, to
 anyone you choose. In all other states, a surviving spouse has a legal
 right to claim a portion of your estate, no matter what your will
 provides. But these provisions kick in only if your spouse goes to court and
 claims that share. If you don't plan to leave at least half of your
 property to your spouse, either through your will or outside it, you
 should consult a lawyer -- unless your spouse willingly consents in writing
 to your plan. Generally, it's perfectly legal to disinherit a child.
 If, however, it appears that you didn't mean to disinherit a child --
 the most common example is a child born after you made your will -- then
 the child has the right to claim part of your property. [Source: ACS
 Manila Newsletter Jul 08 ++]


OVERSEAS ABSENTEE VOTING UPDATE 02:   Overseas American citizens are
 eligible to participate in presidential and state primary elections,
 run-off elections and special elections that occur throughout the year, as
 well as the general elections in November 2008. You are strongly
 encouraged to register to vote and request your absentee ballot early! The
 official U.S. Government website for overseas absentee voting assistance
 is the Federal Voting Assistance Program website at www.fvap.gov. It
 has a wealth of information about absentee voting including: downloadable
 absentee ballot applications and write-in ballots, state specific
 instructions for completing the form, links to state and local officials,
 and a downloadable emergency ballot to use when requested materials fail
 to arrive in time. The Basic Absentee Voting Process procedure is:
1.) Complete an application form and send it to local election
 officials in the U.S.
2.) The local official approves your request or contacts you for
 further information.
3.) The local official sends you an absentee ballot.
4.) You vote the ballot and send it back in time to meet your state's
 deadline.

To register to vote and request an absentee ballot you can fill out the
 paper form available at the American Citizen Services (ACS) section of
 the U.S. Embassy, or download the Federal Post Card Application at
 http://fvap.gov/pubs/fpca.html. Fill it out and send it in, following
 the guidelines for your state. Each state establishes voting procedures,
 and so requirements across the country vary. It is important to be
 aware of your state’s deadlines for registration. Specific information
 about your state's procedures and a complete 2008 election calendar are
 available at http://fvap.gov. There may be last minute changes to your
 state's voting calendar, procedures or deadlines. When these occur, the
 Federal Voting Assistance Program (FVAP) will issue a News Release. To
 add your name to the distribution list for News Releases, send an e-mail
 to vote@fvap.ncr.gov.  For further information you can also contact
 the FVAP via Email: vote@fvap.ncr.gov.  [Source: ACS Manila Newsletter
 Jul 08 ++]
 

GOVERNMENT VET EXPENDITURES:   The federal government is spending more
 money on veterans than at any time in modern history, surpassing the
 tidal wave of spending following World War II and the demilitarizing of
 millions of troops. Expenditures hit $82 billion in 2007, because of the
 rising cost of health care, the expense of caring for an aging
 population of mostly Vietnam War veterans and a new crop of severely wounded
 troops from the wars in Iraq and Afghanistan. That exceeds the $80
 billion in inflation-adjusted dollars spent in 1947 after most of the 16.1
 million Americans serving in World War II left the service, according to
 a Congressional Research Service report submitted to Congress last
 month. An 11% hike in spending to $91 billion is slated for this fiscal
 year, and the Department of Veterans Affairs has proposed $94 billion for
 2009. And still more is needed, says U.S. Sen. Patty Murray (D-WA) who
 is seeking another $3.3 billion for the 2009 budget proposal. Last
 month's passage of a new G.I. Bill will add $100 billion in education
 benefits for veterans over the next 10 years, the Congressional Budget
 Office says.

      Also, medical costs could climb because of unanticipated
 long-term problems from wounds such as traumatic brain injuries, which remain
 little understood, says Adrian Atizado, assistant legislative director
 with the Disabled American Veterans. Annual costs for a severe head
 injury can reach $400,000, according to a RAND Corp. study released this
 year. About 1.6 million Americans have served in Iraq and Afghanistan.
 About 325,000 of those veterans use VA health care, records show. There
 are 5.5 million veterans of all ages now receiving VA health care and
 2.9 million receiving compensation. Those populations overlap and the VA
 does not have a current figure on total number of veterans served.
 Costs soared in 1947 because of a massive exodus of troops from the
 military, all entitled to education, training and loan guarantee benefits
 under the then-new G.I. Bill, the report says. Actual dollars spent in 1947
 were $8.4 billion, the report says. Then, health care was only 12% of
 the veterans’ budget, says Dan Tucker, deputy assistant secretary for
 budget at the Department of Veterans Affairs. Now health care costs make
 up 44% of the budget. Costs fell precipitously after 1947, surging
 slightly in 1975-76 because of Vietnam-era veterans, the report says.
 Roughly a third of the nation's 23.5 million veterans served in Vietnam.
  [Source: USA TODAY Gregg Zoroya article 23 Jul 08 ++]


MILITARY STOLEN VALOR UPDATE 07:   A suburban water official who lied
 about being a Marine and receiving the Medal of Honor was sentenced 21
 JUL to more than 400 hours of community service at a Veterans Affairs
 hospital. Xavier Alvarez, 50, was arrested following his comments at a
 Claremont CA water board meeting last July. The Pomona man also told a
 former Marine in private that he won the medal for rescuing an ambassador
 in Iran, according to court documents. Alvarez pleaded guilty in May
 to violating the Stolen Valor Act of 2005, which makes it a misdemeanor
 to lie about receiving a military decoration. Alvarez, who could have
 been sentenced to one year in federal prison, was placed on three years
 of probation and ordered to pay a $5,000 fine. He must also perform
 community service once a week for one year at the Loma Linda VA Hospital.
 Brianna Fuller, Alvarez’s attorney, said her client is sorry for lying
 about the medal but intends to appeal the decision. Fuller said
 Alvarez’s statements are protected by the First Amendment. Assistant U.S.
 Attorney Craig Missakian said Alvarez’s refusal to resign from the board of
 the Three Valleys Municipal Water District shows “he has not taken the
 crime seriously and shown sufficient remorse.” [Source:
 MaeineCorpsTimes AP article posted 23 Jul 08 ++]


TRICARE USER FEE UPDATE 27:   For the third consecutive year, the
 Pentagon’s budget request for fiscal 2009 calls for big hikes in enrollment
 fees, deductibles and pharmacy co-pays in its Tricare health insurance
 program .It’s not hard to see why. Military health care costs have
 ballooned from $19 billion in 2001 to $43 billion this year, almost 10% of
 the entire defense budget. At this rate, health care will hit $65
 billion by 2015. Clearly, something must be done. But so far, the Pentagon
 and Congress have been talking past each other. Defense officials say
 they need fee hikes to raise revenue and to discourage people who have
 other health care options from using Tricare in the first place. “Health
 care costs are eating us alive”� Defense Secretary Robert Gates told
 House lawmakers 6 FEB. “We really need to work with the Congress.” To
 date, however, Congress hasn’t said much more than no to fee hikes. That’s
 like ignoring your credit card bill and hoping your bank won’t notice.
 Congress has sat by for more than a decade, ever cognizant of soaring
 health care costs, but not once raising Tricare fees, which haven’t
 changed since the program’s inception in 1995.  Not even to adjust for
 inflation.

     The Pentagon’s plan will be based largely on a recent task force
 report that calls for beneficiary costs to double, triple and, in some
 cases, quadruple. The argument is that unless costs rise significantly,
 the military will be left to care for ever more people, because those
 with other options will have no incentive to look elsewhere for health
 care. But that position is undermined by the task force’s preoccupation
 with appearances. Bizarrely, one of the main concerns expressed in its
 report is a desire to avoid making the military health care system seem
 too generous when viewed by American taxpayers. Meanwhile, the
 proposed fee hikes make it look as if health care officials set out
 deliberately to change that perception. For example, the Pentagon task force
 proposes to increase retail pharmacy co-pays by as much as fivefold. The
 aim is to push people to use on-base pharmacies or the Tricare Mail Order
 Pharmacy, which are less costly for the Defense Department. But
 filling a prescription on base can be far from convenient for those on remote
 duty or living far from the main gate. And mail order is suitable only
 for long-term maintenance drugs. Consider, then, the impact of such a
 change on the spouse of a junior soldier whose kids all get sick at the
 same time and need antibiotics immediately. Fees would also rise for
 retirees. The bulk of the increases would fall on retirees under age 65,
 many of whom have access to other health insurance through
 private-sector employers.

     Deplorably, the Pentagon hopes to discourage these retirees from
 using a benefit they earned over the course of 20 or more years in
 uniform by making it financially unattractive. That’s tantamount to revoking
 the benefit entirely. The third piece of the task force plan is a
 proposed $120 annual enrollment fee for retirees over age 65. Even the task
 force admits this idea runs counter to the intent of Congress when it
 created Tricare for Life in 2001.Together, the Pentagon hopes, these
 fee hikes will generate $700 million in revenue in fiscal 2009, plus $500
 million in savings associated with reduced usage of Tricare benefits.
 So if lawmakers reject the proposal as they’ve done twice before,
 they’ll have to find $1.2 billion to make up the difference in next year’s
 budget. The Pentagon’s plan is unacceptable. But it is, at least, only
 the first salvo in this year’s debate. Now it’s up to Congress to answer
 with a plan of its own. [Source:  AirForceTimes Don Harribine
 editorial 21 Jul 08 ++]


AMYOTROPHIC LATERAL SCLEROSIS UPDATE 04:  Two years of hard work came
 to fruition 16 JUL in a move that could benefit thousands of veterans
 who suffer from Lou Gehrig's disease. The U.S. Department of Veterans
 Affairs will grant a service-connected disability, the highest category of
 disability, to all veterans with ALS, or amyotrophic lateral
 sclerosis, a degenerative disease that affects veterans at a rate at 1.6 times
 the general population.  The news came during a conference call among
 Dr. James Peake, secretary of Veterans Affairs, Sen. Lindsey Graham and
 retired Air Force Brig. Gen. Tom Mikolajcik, who suffers from ALS and
 spoke from his Mount Pleasant home.  Mikolajcik cried when he heard the
 news. He deflected credit for the policy change and praised Peake and
 South Carolina legislators, including Graham, Rep. Henry Brown and Sen.
 Jim DeMint. "This will impact thousands of veterans," Mikolajcik said.
 "This is a reason to have hope — hope meaning helping other people
 endure." ALS strikes about 15 Americans daily, shutting down nerve cells
 responsible for movement. Limbs weaken and atrophy before paralysis
 spreads to the trunk of the body. Seventy percent of people with ALS die
 within five years.  Previously, only veterans of the first Gulf War
 received full benefits for ALS. The new designation should take effect in AUG
 08.

     There are eight categories of care in the VA system. A
 catastrophic illness could give a veteran Category 4 status, Mikolajcik said, and
 will provide medication and some equipment.  "There's a huge difference
 between Category 4 and 1," Mikolajcik said. That difference, that
 could mean a disability pension, help with transportation and grants for
 home modification.  Why veterans are more likely to get the disease is
 unknown.  A voluntary registry of veterans with ALS recorded 2,117 people
 from 2003-07. Those are only the veterans who knew of the registry and
 made the call.. Today, only 800 of them are alive.  Mikolajcik met
 with the previous VA secretary in 2007, and he was told more studies were
 needed. In April, the retired general met with the new secretary,
 Peake, when he visited Charleston with Brown. The former commander of
 Charleston Air Force Base has visited Congress three times to push for ALS
 research and testified before a congressional committee last summer.
 [Source:  Charleston Post & Courier Jill Coley article 15 Jul 08 ++]


WALKING IMPACT on DISABILITY RISK:   According to a new University of
 Georgia study older adults can decrease their risk of disability and
 increase their likelihood of maintaining independence by 41% by
 participating in a walking exercise program.  The study, which appears in the
 current issue of the Journal of Geriatric Physical Therapy, also found
 that walking program participants increased their peak aerobic capacity by
 19% when compared to a control group and increased their physical
 function by 25%. Study co-author M. Elaine Cress, professor of kinesiology
 and researcher in the UGA Institute of Gerontolog, said, “In the past
 decade, researchers have focused on the benefits of strength training in
 maintaining independence, but until now we didn’t have good evidence
 using an objective performance measure that a walking program would
 improve physical functioning.  Our study found that walking offers
 tremendous health benefits that can help older adults stay independent.” The
 researchers randomly assigned 26 low-income adults aged 60 and older to
 either a walking exercise group, which met three times a week for four
 months, or a nutrition education control group. Initially, the group
 would walk for 10 minutes continually. As the weeks progressed, they
 increased their walking time to 40 continuous minutes. Each session began
 with a 10-minute warm-up and ended with a 10-minute cool-down that
 included balance and flexibility exercises.

     Trudy Moore-Harrison, the lead author of the study and a former
 UGA doctoral student, explained that the researchers focused their study
 on low-income individuals because people with fewer financial resources
 are less likely to be physically active and are more likely to have
 chronic health conditions and lack health care coverage. Moore-Harrison
 added that walking doesn’t require any special equipment other than a
 pair of comfortable shoes, which makes it a simple and low-cost way for
 people to become active. She supervised the group, but the researchers
 said that motivated community members could lead similar groups across
 the country. Getting people to stick with exercise programs can be
 notoriously difficult, but the researchers found that every single member of
 the group stayed with the program for its four-month duration.  The
 researchers measured the aerobic capacity of the participants using a
 treadmill test and found that while the control group saw an 9% decline in
 aerobic capacity over the four-month study period, the aerobic
 capacity of the walking group increased by 19% over the same time period.
 “Aerobic capacity is really the engine that we draw upon for doing the
 things we want to do, whether it’s cleaning up around the house or running
 a marathon,” Cress said. “By increasing their aerobic capacity, the
 walking group was better able to perform their daily tasks and had more
 energy left over for recreational activities, like going out dancing.”

     The researchers assessed health status and bodily pain through
 questionnaires and examined disability by measuring performance on factors
 such as balance and walking. Physical functioning was measured through
 both questionnaires and through tests that measured how well the
 volunteers performed daily activities such as climbing a flight of stairs
 and putting on and removing a jacket. They found that physical function
 increased by 25% in the walking exercise group, compared to a decrease
 of 1% in the control group. And while the control group saw their risk
 of disability increase over the four-month period, the walking exercise
 group saw their disability risk go from 66%  to 25% – a decrease of 41%
 in just four months. “We know that walking is good for you, but too
 many people still aren’t doing it,” Moore-Harrison said. “This study
 shows that just walking on a regular basis can make a huge impact on
 quality of life.” The research was supported by the UGA Institute of
 Gerontology Seed Grant, the Northeast Georgia Area Agency on Aging and the
 Georgia Gerontology Consortium Seed Grant. The research was done in
 cooperation with the Athens Housing Authority.  [Source: UGA News Release 1
 Jul 08 ++]


WINDOWS VISTA UPDATE 06:   Windows XP officially went off the market on
 30 JUN 08, and computer vendors aren't supposed to sell new machines
 configured with any version of Windows except Vista. Fortunately for XP
 enthusiasts and Vista vetoers, the PC marketplace still has a loophole
 or two in it. In response to pressure from customers, Microsoft has
 made some concessions for people who really want XP, offering a lifeline
 for users willing and able to wade through the company's convoluted
 downgrading program. The upshot is that virtually every copy of Vista
 Business or Vista Ultimate Edition is sold with a license for XP, which a
 computer manufacturer can exercise to install XP Professional on any
 Vista Business or Vista Ultimate PC. But just because a manufacturer can
 install XP doesn't mean that it will. And just because its official
 policy permits it to sell XP machines doesn't mean that its employees
 understand that policy. 

     Questioning the nine largest PC vendors in the United
 States--Dell, HP, Gateway, Toshiba, Acer, Fujitsu, Lenovo, Sony, and Asus--about
 the specifics of their downgrade policies revealed downgrade policies are
 all over the map, and more than a few rank-and-file sales reps have a
 sketchy understanding of those policies. Some notebook PC sellers make
 getting XP preinstalled on a new laptop a snap; others don't offer it
 under any circumstance. As a rule of thumb, your odds of finding a
 machine with XP and a sales rep who knows how to configure a machine with
 that OS are far greater if you call the business sales line instead of
 the consumer sales line. (Be prepared to fib and say you're planning to
 buy 25 computers during the next 12 months.) Getting XP via online
 purchase can be tricky, too. Following are some manufacturer's policy.  For
 more complete info on their formal and informal reality-shakes and for
 other manufacturers not listed below out refer to
 www.cio.com/article/438078/What_Does_It_Take_to_Get_a_PC_With_Windows_XP_? :

•  DELL has one of the most extensive and detailed policies on Windows
 XP of the nine vendors investigated, but getting XP preinstalled on a
 machine may cost you extra. The company outlines the situation in this
 blog posting, where the company explains that though the XP downgrade
 program targets corporate customers, it's an option for general
 consumers, too. Though the rules are complicated, they are in line with those of
 most other sellers. To be eligible for an XP downgrade, you must be
 purchasing a Latitude laptop, an OptiPlex desktop, a Precision
 workstation, a Vostro laptop or desktop, an XPS 630 desktop, or an M1730 laptop.
 The machine must be specced to come with Vista Business or Vista
 Ultimate, and you can downgrade only to XP Professional. You must pay a $20
 to $50 fee for the downgrade if you're buying a Vostro or XPS; corporate
 clients receive the downgrade at no charge. The program is slated to
 run until 31 JAN 09, but Dell says that even after that it will continue
 to make some enterprise-level exceptions.  Refer to
 http://yourblog.direct2dell.com/2008/05/12/life-after-windows-xp/
• HP offers dozens of computer models, but its policy regarding Windows
 XP breaks down fairly simply: None of its consumer products are
 eligible for downgrading, but all of its business products are. The machines
 covered include some (but not all) desktop PCs, notebook PCs, and
 workstations in the Compaq line, as well as some systems that bear the HP
 brand. On qualifying systems, HP will preinstall XP and you'll receive a
 disc for both XP and Vista. This arrangement will continue to be
 available until at least 30 JUL 09, according to HP. Thereafter, HP will
 preinstall a customer's custom XP image on request. Refer to HP.com and
 click through to one of the business sections (not to the Home & Home
 Office section), and you'll find that virtually every computer model listed
 has a clearly labeled XP option.
• ACER doesn't sell machines directly to consumers, only to resellers.
 According to Acer, the company no longer sells machines with XP
 installed, nor does it offer a standard XP downgrade program. Nevertheless,
 Acer says, resellers can request a downgrade on any machine, and Acer
 will continue to offer such services through 31 JAN 09.  N their website
 you'll find at least one system, the Ferrari 5000, listed as being
 available with Windows XP (though that configuration option may be an
 oversight). Visit a few resellers, and you'll find some Acer machines loaded
 with XP and some loaded with Vista, though systems of the latter type
 are more commonplace.
• SONY offers two new laptop series--the VAIO BZ and VAIO SR-- with an
 XP downgrade option, with XP preinstalled by Sony at the customer's
 request. For the VAIO TZ or the VAIO SZ laptop configured with Vista
 Business, Sony will ship it with a driver CD in the box that included
 everything needed to make the laptop work with XP. However, Sony will not
 provide or sell the XP disc itself so a customer would be responsible for
 supplying their own OS.
[Source:  PC World Christopher Null article 22 Jul 08 ++]


VA VOTER REGISTRATION BAN UPDATE 01:   The Department of Veterans
 Affairs continues to resist efforts by lawmakers to allow voter registration
 groups access to patients at hospitals and nursing homes. Secretary of
 Veterans Affairs Dr. James Peake said VA will provide information to
 veterans about voter registration but will not open the doors to outside
 groups for two reasons: VA is not prepared to judge whether an
 organization is truly nonpartisan, and involving federal workers in a partisan
 operation would violate federal law. "The agency is not in a position
 to examine the agenda, history and motivations of every organization
 that may wish to conduct voter registration drives in our facilities,"
 Peake said in a 15 JUL letter to three senators, Daniel Akaka (D-HI),
 Dianne Feinstein (D-HI) and John Kerry (D-MA). The Veterans Health
 Administration has a policy, dated 5 MAY 08 to assist patients who want to
 vote or register to vote, but it does not allow voter registration drives
 in order to avoid involving employees in partisan activities and
 disrupting medical facilities. Peake said voting and voter educational
 materials are being made available to patients. Akaka, chairman of the Senate
 Veterans' Affairs Committee, said he is "amazed that VA insists on
 banning all voter registration drives by outside groups" and thinks VA is
 reading too much into the Hatch Act, which limits the political
 activities of federal workers. "If VA really cannot distinguish between
 nonpartisan and partisan voter registration drives, it should just allow both
 and advise VA employees not to participate if they are uncertain,
 since the Hatch Act is implicated only if VA employees participate. As it
 stands, VA policy "makes it unnecessarily difficult" for some veterans
 to vote, Akaka said.  (Source: Air Force Times Rick Maze article 21 Jul
 08 ++]


MEDICARE PRESCRIPTIONS:   U.S. health officials said 21 JUL that
 starting in 2009 doctors can earn additional money from Medicare if they use
 electronic prescribing systems. The bonus program, which will continue
 for four years, is designed to streamline the prescription process and
 cut down on errors. In 2009 and 2010, Medicare will give doctors an
 additional 2% bonus on top of their fee for "e-prescribing." In 2011 and
 2012, the bonus will drop to 1%, and in 2013, the bonus will drop again
 to 0.5%. After five years, bonuses for e-prescribing will be phased
 out; doctors who haven't adopted e-prescribing will be reimbursed at lower
 rates. There will, however, be exceptions for doctors who have
 legitimate reasons for not complying.  Mike Leavitt, secretary of the U.S.
 Department of Health and Human Services, said during a 21 JUL afternoon
 teleconference that according to the Institute of Medicine 1.5 million
 Americans are injured every year by drug errors. Another study found that
 each year pharmacists make more than 150 million phone calls to
 doctors to clarify what was written on the prescription. “That's a lot of
 people needlessly hurt and a lot of time spent trying to sort out bad
 handwriting.  E-prescribing will help deliver safer or more efficient care
 to patients," Leavitt said. He noted that the law that set up the
 Medicare prescription drug program in 2006 mandated that participating
 pharmacies be able to accept e-prescriptions.

     Medicare started paying bonuses to doctors last year for using the
 Physician Quality Reporting Initiative, which collects data on the
 quality of care delivered by doctors. Medicare recently paid the first
 bonuses to more than 56,000 doctors, totaling more than $36 million.
 Payments ranged from $600 for individual doctors to $4,700 for group
 practices. The new bonuses for e-prescribing will be on top of those paid as
 part of the Physician Quality Reporting Initiative and other Medicare
 reimbursements. Medicare expects to save up to $156 million over the life
 of the e-prescribing program in fewer adverse drug events.
Despite the advantages of e-prescribing, barriers to implementing such
 systems remain. One of the largest barriers is the cost. It's estimated
 that it will cost about $3,000 per doctor to initiate an e-prescribing
 system. It also takes between $80 and $400 a month to maintain and
 operate a system, Kerry Weems, acting administrator of the U.S. Centers
 for Medicare & Medicaid Services, said during the teleconference. Other
 barriers include state laws that prohibit e-prescribing across state
 lines, King said. And, there are areas in the country where computer
 systems are slow and inefficient, he said. For more on electronic medical
 records, visit the American Medical Association.  [Source: Washington
 Post Health Day reporter Steven Reinberg article 21 Jul 08 ++]


COLA 2009 UPDATE 02:   On 14 JUL, the Bureau of Labor Statistics at
 www.bls.gov/cpi announced the JUN 08 monthly Consumer Price Index (CPI),
 which is the metric used to calculate the annual cost-of-living
 adjustment (COLA) for military retired pay, VA disability compensation,
 survivor annuities, and Social Security. The CPI jumped 1.1% over May’s value
 because of energy prices.  The CPI-W for JUN is 215. 233. This puts
 cumulative inflation at 5.7% since the beginning of the fiscal year in
 October 07. The COLA will be even higher if inflation goes up between now
 and 30 SEP. A breakdown by expenditure item (i.e. food, housing,
 apparel, health etc.) can be found at www.bls.gov/cpi/cpid0806.pdf. About one
 in every six Americans - millions of former feds, ex-military and
 people on Social Security - will get the JAN 09 COLA. It's automatic.
 Congress and the White House don't have to do anything to implement it. And,
 because Social Security is the dangerous third rail of American
 politics, Congress and the White House know better than to touch it. The
 majority of federal retirees are under the old Civil Service Retirement
 System. They will get the full COLA regardless of their age. Retirees who
 are under the FERS retirement system get one percentage point less than
 the full COLA and they don't qualify for it until they are age 62 or
 older.  July’s consumer price indices will be released on 14 AUG 08.
 [Source: MOAA Leg Up 18 Jul 08 ++]


FORECLOSURE UPDATE 02:   As foreclosures continue to mount, borrowers
 who have run out of options are turning to attorneys to fight back --
 and they're living mortgage-free for months in the process. Although the
 chances of ultimately keeping a foreclosed home are slim, for $1,500 to
 $3,000 some lawyers are offering to defend borrowers in court, causing
 the wheels of justice to turn more slowly. Duking it out can add
 months and sometimes years to a foreclosure process that in Florida already
 takes an average of seven months to complete. Homeowners can use the
 extra time to save for a move, sell the house or mull other options.
 Investors can continue collecting rent from tenants, recouping at least
 some of their losses. Foreclosure defense is proving popular enough that
 some South Florida bankruptcy and real estate lawyers said they were
 refocusing their practices to meet the growing demand. As with many issues
 surrounding foreclosures, the practice is not without controversy.
 Delaying the inevitable is costly for lenders and for taxpayers who fund
 the court system, according to some lawyers who represent lenders. The
 process may also be unethical, they claim, and can put delinquent
 borrowers into a deeper financial hole. Florida is a ''judicial foreclosure''
 state, meaning a lender must sue to force the sale of a property. Yet
 the majority of cases are tried without the defendant -- the borrower
 -- even showing up in court, said Timothy Kingcade, a prominent
 bankruptcy attorney who also defends foreclosures.

     While a foreclosure may seem straightforward -- a borrower doesn't
 pay and the bank takes back the home -- lawyers say there are numerous
 ways to fight:

- One way is forcing the lender to prove it owns the debt behind the
 mortgage by producing a promissory note. A mortgage is a security
 instrument pledging property as collateral for a loan if a borrower defaults,
 but it is not the promissory note itself. As mortgages were bought,
 bundled and sold off to investors, notes got lost in the shuffle, landing
 in vaults or warehouses around the country. Physically retrieving them
 can be difficult and sometimes impossible. About 80% of the time,
 lenders fail to attach a copy to the lawsuit, Kingcade and others said. When
 lenders can't prove they own the loan, lawyers can get cases
 dismissed, said Peter Ticktin of the Ticktin Law Group in Deerfield Beach, whose
 firm has advertised foreclosure defense services on television.
- Some lawyers also ask lenders to produce all the documents in a loan
 file, transcripts of phone conversations with the borrower and copies
 of written correspondence, which can take up to a year or more to
 compile. Several businesses are involved, and some may have gone out of
 business. Kingcade said requesting and reviewing a complete file could turn
 up fraud or other inconsistencies leading to a successful defense,
 though ``the bank may be entitled to its money, and 99.9% of the time the
 bank is absolutely right.''

Neither Kingcade nor other attorneys interviewed said seeking out such
 documents was intended only to stall the process, which could be
 considered unethical. Ticktin said many borrowers were duped by dishonest
 brokers and took on loans they could never afford. They could have their
 cases successfully mediated. Some borrowers' payments were misdirected
 and not properly credited to their accounts.
Yet, for every legitimate miscommunication and misconduct by a mortgage
 lender, dozens of bogus defenses are filed, clogging up the courts,
 some lawyers said. A borrower can easily extend the sale date of a home
 by up to 90 days by showing up at the last hearing and explaining to the
 judge why more time is needed. Marc Ben-Ezra, who also files
 foreclosures statewide for lenders, said the borrower who seeks to delay the
 inevitable can face consequences. Interest rates and other costs continue
 to pile up as the process drags on. Borrowers could be liable for the
 difference between what the lender recoups from the eventual home sale
 and the amount owed on the loan. Plus, homeowner and condo fees aren't
 being paid, which places hardships on people who are paying their debts.
  [Source: Miami Herald Monica Hatcher article 18 Jul 08 ++]


VA INDEPENDENT LIVING PROGRAM UPDATE 02:   A House subcommittee was
 told 17 Jul that the Department of Veterans Affairs’ Independent Living
 Program is failing to adequately address the needs of severely disabled
 veterans.  Bruce McCartney, a former soldier, told the House Veterans’
 Affairs economic opportunity subcommittee that the ILP is riddled with
 problems related to application delays, staffing shortages and limited
 spots in the program. The ILP, created as part of VA’s Vocational
 Rehabilitation and Employment Services, is designed to provide severely
 disabled veterans with specialized medical and mental health assistance and
 training in independent living skills. McCartney, who spent 17½ years
 on active duty, applied for the ILP in 2003 and was taken on what he
 called a “four year-nightmare.” His application spent four years going
 from local case managers to counselors and regional and local headquarters
 until he finally began receiving assistance last year. “ILP should
 service all eligible [veterans], and it should be faster,” McCartney said.
 “It should not take two to three years.”

     Part of the problem is high demand; the ILP can serve only 2,500
 veterans at one time. Veterans can stay in the program for up to 30
 months. Rep. John Hall, D-N.Y., said many severely disabled veterans have
 benefited from the program, but he also said he believes the cap on
 participants should be modified or removed. Theresa Boyd, vocational
 rehabilitation consultant for Paralyzed Veterans of America, said case
 managers sometimes try to slow down the process for individual veterans to
 accommodate to cap. She said VA should hire more staff and remove the
 cap. John Lancaster, executive director of the National Council on
 Independent Living, told lawmakers that the application process should take
 only about a month. “VR&E should be the crown jewel of programs for
 disabled veterans,” said Rep. John Boozman (R-AR). “While I am impressed
 with the overall program, I believe we must find ways to make improvements
 in performance assessment methods so that VR&E can be certain it is
 meeting the needs of disabled veterans.” [Source: AirForceTimes Cristian
 Hernandez article 17 Jul 08 ++]


CONTACT INFO for VETS:   Anyone in the military community who feels the
 need to talk to someone regarding their situation can call or contact:

Veterans Suicide Prevention Hotline
800-273-TALK (8255) and press 1
Para obtener asistencia en español durante las 24 horas, llame al
 1-888-628-9454
http://www.suicidepreventionlifeline.org/Veterans/ResourceLocator.aspx

National Suicide Prevention Hotline
800-SUICIDE (784-2433)
Para obtener asistencia en español durante las 24 horas, llame al
 1-888-628-9454
http://www.suicidepreventionlifeline.org/help/

U.S Army Wounded Soldier & Family Hotline
800-984-8523
wsfsupport@conus.army.mil
 
Military Severely Injured Center
800-774-1361
http://www.militaryhomefront.dod.mil/portal/page/itc/MHF/MHF_HOME_1?
section_id=20.40.500.393.0.0.0.0.0

Deployment Health Clinical Center
800-796-9699
http://www.pdhealth.mil/downloads/Lets_Talk.pdf

Navy Safe Harbor-Severely Injured Support
877-746-8563
http://www.npc.navy.mil/CommandSupport/SafeHarbor/
safeharbor@navy.mil
 
Military One Source
800-342-9647
En español llame al: 1-877-888-0727
http://www.militaryonesource.com
[Source: EANGUS Minuteman Update 17 Jul 08 ++]


COST of GOVERNMENT DAY:    Citizens Against Government Waste (CAGW) on
 16 JUL observed Cost of Government Day by expressing outrage at the
 federal, state, and local governments’ continued abuse of hundreds of
 billions of tax dollars in outdated, ineffective, duplicative, and wasteful
 programs and agencies.  Cost of Government Day is the date on which
 the average American worker has earned enough to pay off his or her share
 of tax and regulatory burdens imposed by all levels of government,
 according to the Americans for Tax Reform Foundation (www.atr.org).
 Americans now work more than half of the year 197 days to pay their share of
 the cost of government with 84 of those days due to federal spending
 alone.  This year, the average American will need to work an additional
 16 days out of the year to pay off his or her cost of government
 compared to 2000 and four days compared to last year. Earlier this year, CAGW
 identified 11,610 pork-barrel projects in its 2008 Congressional Pig
 Book totaling $17.2 billion. The book can be reviewed online at
 www.cagw.org/site/PageServer?pagename=reports_pigbook2008. Citizens Against
 Government Waste is a nonpartisan, nonprofit organization dedicated to
 eliminating waste, fraud, abuse, and mismanagement in government. [Source:
 CAGW News release 16 Jul 08 ++]


VA RETRO PAY PROJECT UPDATE 12:   The Pentagon’s accounting unit agreed
 16 JUL to double-check requests by more than 25,000 veterans who were
 turned down for back benefits, concurring with U.S. Rep. Dennis
 Kucinich that "a veteran deserves better." Kucinich, head of a domestic policy
 subcommittee House panel that found flaws in the military benefits
 system, also got the Pentagon's acting inspector general to order an
 audit. This will help determine whether more than 60,051 veterans who were
 approved for back benefits got the right amounts.  The head of the
 Pentagon's Defense Finance and Accounting Service (DFAS) said at a hearing
 that he thinks the error rate in granting benefits was less than 1%. And
 an executive of a DFAS contractor, Lockheed Martin, said past problems
 were caused by automation and data flaws that are now resolved. But
 DFAS director Zack Gaddy also disclosed at the House hearing that a
 high-level management team was sent to Cleveland two weeks ago to review
 DFAS operations. That would coincide with work by Kucinich's staff on the
 domestic policy subcommittee of the House Oversight and Government
 Reform Committee, looking into denial of veterans’ benefits.

     The controversy stems from a decision by Congress in 2003 and 2004
 to allow veterans to collect their military disability pay as well as
 their veterans pensions. Previously, the amount of their disability pay
 was deducted from their pensions on retirement. The change created
 thousands of claims for retroactive payments -- and to what Kucinich says
 may have been the improper denial of checks for more than 28,283
 veterans, as well as errant payments to many others. Gaddy put the number of
 denials somewhat lower, at 25,448.  Kucinich's subcommittee staff
 reviewed thousands of pages of records and e-mail and determined that DFAS
 and Lockheed Martin only brought the backlog of 133,057 cases to date
 last month. After growing frustrated by numerous delays, DFAS lent its
 own federal workers to help Lockheed Martin with its Cleveland benefits
 call center, which freed up more of the contractor's employees to clear
 the veterans backlog. That raises questions, Kucinich said, about
 whether taxpayers were billed for Lockheed Martin's call center work even
 though federal workers were the ones performing it. The Pentagon audit
 will attempt to answer the question.

     In helping its contractor, DFAS also reduced its oversight,
 Kucinich said, failing to double-check or audit Lockheed Martin decisions on
 benefits as frequently as it should have.  The problem now, Kucinich
 said, is that no one knows whether the decisions on granting retroactive
 pay and benefits were proper. Even the ranking Republican on the
 subcommittee, Darrell Issa of California, agreed that a 100% review of all
 denials should be done, "so that if one case falls through the cracks,
 another doesn't." Joseph Cipriano, president of Lockheed Martin Business
 Process Solutions, blamed the problems on poor or incompatible data. A
 database from the Department of Veterans Affairs was inadequate for the
 new task, he said. Additional factors such as changes in veteran’s
 disability status and deaths complicated efforts, and a lot of information
 had to be input manually before it could be processed. Kucinich cited
 the case of a retired Army sergeant major, Harold Lewis, who appealed
 after his denial and ultimately got $15,000 in retroactive pay. This
 suggested the system was error-prone, Kucinich said. But Cipriano said
 Lewis case was one of the earliest ones handled. After realizing there was
 a problem, Lockheed Martin updated the data and fixed the problem,
 Cipriano said. [Source: [Source: Cleveland Sun Times Stephen Koff article
 16 Jul 08 ++]


VA - HOW TO FILE A CLAIM UPDATE 01:    The Department of Veterans
 Affairs (VA) announced 16 JUL that on-line applications are now accepted
 from veterans, survivors and other claimants filing initial applications
 for disability compensation, pension, education, and vocational
 rehabilitation and employment benefits without the additional requirement to
 submit a signed paper copy of the application. Effective immediately, VA
 will now process applications received through its on-line application
 website (VONAPP) without the claimant's signature.  The electronic
 application will be sufficient authentication of the claimant’s application
 for benefits.  Normal development procedures and rules of evidence
 will still apply to all VONAPP applications.  VONAPP
 (www.va.gov/onlineapps.htm) is a Web-based system that benefits both internal and external
 users.  Veterans, survivors and other claimants seeking compensation,
 pension, education, or vocational rehabilitation benefits can apply
 electronically without the constraints of location, postage cost, and time
 delays in mail delivery. VONAPP reduces the number of incomplete
 applications received by VA, decreasing the need for additional development by
 VA claims processors.  The on-line application also provides a link to
 apply for VA health care benefits and much more. Over 3.7 million
 veterans and beneficiaries receive compensation and pension benefits from
 VA and approximately 523,000 students receive education benefits.
  Approximately 90,000 disabled veterans participate in VA’s Vocational
 Rehabilitation and Employment program. For more information about VA
 benefits, go to VA’s website at http://www.va.gov/ or call 1-800-827-1000.
 [Source:  VA News Release 16 Jul 08 ++]


NATIONAL PARK PASSPORTS UPDATE 01:   The National Park Service is an
 participant in the new Interagency Pass Program which was created by the
 Federal Lands Recreation Enhancement Act and authorized by Congress in
 DEC 04. Participating agencies include the National Park Service, U.S.
 Department of Agriculture - Forest Service, Fish and Wildlife Service,
 Bureau of Land Management and Bureau of Reclamation. The pass series,
 referred to collectively as the America the Beautiful Pass, went sale 1
 JAN 07. It replaces the former Golden Age, Golden Access, and Golden
 Eagle pass.  The new series consist of the following:

- America the Beautiful Annual Pass: This pass is available to the
 general public at a cost of $80.  It provides access to, and use of,
 Federal recreation sites that charge an Entrance or Standard Amenity Fee for
 a year, beginning from the date of sale. The pass admits the pass
 holder/s and passengers in a non-commercial vehicle at per vehicle fee areas
 and pass holder + 3 adults, not to exceed 4 adults, at per person fee
 areas. (children under 16 are admitted free) The pass can be obtained
 in person at the park, by calling 1(888) ASK USGS, Ext. 1, or via the
 Internet at http://store.usgs.gov/pass.
- America the Beautiful Senior Pass:  This is a lifetime pass for U.S.
 citizens or permanent residents age 62 or over at a cost of $10. The
 pass provides access to, and use of, Federal recreation sites that charge
 an Entrance or Standard Amenity. The pass admits the pass holder and
 passengers in a non-commercial vehicle at per vehicle fee areas and pass
 holder + 3 adults, not to exceed 4 adults, at per person fee areas
 (children under 16 are admitted free). The pass can only be obtained in
 person at the park. The Senior Pass provides a 50% discount on some
 Expanded Amenity Fees charged for facilities and services such as camping,
 swimming, boat launch, and specialized interpretive services. In some
 cases where Expanded Amenity Fees are charged, only the pass holder will
 be given the 50% price reduction. The pass is non-transferable and
 generally does not cover or reduce special recreation permit fees or fees
 charged by concessionaires.
- America the Beautiful Access Pass:  This is a lifetime pass for U.S.
 citizens or permanent residents with permanent disabilities at no
 charge. Documentation is required to obtain the pass. Acceptable
 documentation includes: statement by a licensed physician; document issued by a
 Federal agency such as the Veteran’s Administration, Social Security
 Disability Income or Supplemental Security Income; or document issued by a
 State agency such as a vocational rehabilitation agency. The pass
 provides access to, and use of, Federal recreation sites that charge an
 Entrance or Standard Amenity. The pass admits the pass holder and
 passengers in a non-commercial vehicle at per vehicle fee areas and pass holder
 + 3 adults, not to exceed 4 adults, at per person fee areas (children
 under 16 are admitted free). The pass can only be obtained in person at
 the park. The Access Pass provides a 50% discount on some Expanded
 Amenity Fees charged for facilities and services such as camping, swimming,
 boat launching, and specialized interpretive services. In some cases
 where Expanded Amenity Fees are charged, only the pass holder will be
 given the 50% price reduction. The pass is non-transferable and generally
 does not cover or reduce special recreation permit fees or fees
 charged by concessionaires.
- America the Beautiful Volunteer Pass:  This pass at no charge is for
 volunteers acquiring 500 service hours on a cumulative basis. It
 provides access to, and use of, Federal recreation sites that charge an
 Entrance or Standard Amenity Fee for a year, beginning from the date of
 award. The pass admits the pass holder and passengers in a non-commercial
 vehicle at per vehicle fee areas and pass holder + 3 adults, not to
 exceed 4 adults, at per person fee areas (children under 16 are admitted
 free).

   Existing Golden series passes will no longer be sold or issued, but
 they will continue to be honored for as long as they are valid.  The
 Forest Service, National Park Service, Fish and Wildlife Service, Bureau
 of Land Management, and Bureau of Reclamation will honor all three
 passes at sites where Entrance or Standard Amenity Fees are charged. In
 addition, the Corps of Engineers and Tennessee Valley Authority may honor
 the Senior and Access Passes.  Passes cannot be replaced if lost or
 stolen; a new pass must be purchased. One goal of the new pass program is
 to install technology at each site that allows for tracking and
 replacements.  Tattered and worn passes can be exchanged for a new one. Passes
 from previous pass programs cannot be exchanged or upgraded for the
 new passes. Bicycles are handled differently within the five agencies.
 Sometimes they are charged as a per person or walk-up fee; other times
 they are discounted at vehicle fee sites; while some sites allow them in
 at no charge. Because fees and rules vary regarding bicycles across the
 agencies and sites across the country, you should contact your site of
 choice directly for their regulation.  For additional info refer to
 www.nps.gov/fees_passes.htm. [Source: www.nps.gov Apr 07 ++]


VET JOBS UPDATE 03:    A recent decision from the Merit Systems
 Protection Board (MSPB) could open hundreds of law enforcement and other jobs
 to veterans who previously bumped up against age restrictions during
 the application process. MSPB ruled on 2 JUL that the State Department
 must waive maximum entry age requirements for veterans applying to become
 special agents at the Diplomatic Security Service. The case, Isabella
 v. Department of State, stems from a claim filed by Robert Isabella, a
 preference-eligible veteran who applied for a special agent position at
 the department. The job description called for someone 37 or younger;
 Isabella was 36 when he applied and when he turned 37, the agency
 stopped processing his application. The reasoning was that he was too close
 to the cutoff age. But MSPB found that this violated Isabella's rights
 under the 1944 Veterans Preference Act, the 1998 Veterans Employment
 Opportunities Act, and the 1994 Uniformed Services Employment and
 Reemployment Rights Act.

     The ruling pointed to a section of the Veterans Preference Act
 that requires federal agencies to waive maximum age rules for
 preference-eligible applicants unless the age requirement is essential to the
 performance of the work. The board determined that in this case the sole
 purpose of the age restriction was to allow agents to enjoy a full career
 before reaching the mandatory retirement age, which is normally 57, but
 can be extended three years to 60 if the agency has a particular need.
 "Being 37 is not critical to the job," said Mathew Tully, the attorney
 who represented Isabella. "[State] has special agents up to age 60,
 and if you could be 60 and a special agent, it's not a critical element
 of the job." MSPB ordered State to waive the age requirement for
 Isabella and finish processing his application. Tully said the ruling opens up
 to veterans 280 federal law enforcement and firefighter jobs that used
 to have age restrictions. The only other field that is not covered by
 the ruling is air traffic control, which has a maximum entry age of 30.
 But Tully said the ruling for law enforcement positions would make
 winning a second case for air traffic control "relatively easy." "It's
 crucial that veterans are knowledgeable about the laws that can help them
 get an edge in federal employment," Tully said. "The more who know, the
 more who will become federal employees." [Source: GocExec.com
 Newsletter Brittany Ballenstedt article 15Jul 08 ++]


PAY AS YOU DRIVE:   An alliance of insurance companies and
 environmentalists wants to bring a new kind of mileage-based auto insurance to
 California and charge motorists only for the number of miles actually
 driven. Called pay as you drive, the option is available from a few insurers
 in 34 states -- but not California -- as well as Canada, Japan and
 Europe. One company, GMAC Insurance Group, says its customers -- whose
 mileage is tracked by General Motors Corp.'s OnStar system -- have reduced
 the premiums they pay by 13% to 54%. And California drivers could
 expect to get similar savings if pay as you drive is approved here. The
 system could cut motoring costs, protect the environment and reduce
 traffic congestion, boosters say. Opponents, mainly privacy advocates, say
 they fear that insurance companies could begin tracking more than just a
 driver's mileage. High-mileage drivers could also see higher rates.
People who agree to tie their insurance premiums directly to miles
 driven are likely to make the maximum effort to stay out of their cars.
 That way, proponents say, they'll save money on gasoline and insurance,
 the top two costs of owning a car.

     The concept, if applied nationwide, would do a lot more than cut
 insurance bills. A study by the Brookings Institution, a Washington
 think tank said Pay as you drive could create $52 billion in annual
 benefits from fewer accidents, reduced traffic and pollution, and less
 reliance on foreign oil, the study concludes. "This is a tool to reward
 drivers who actually drive less," said Assemblyman Jared Huffman (D-San
 Rafael), the author of a bill in the Legislature, AB 2800, to authorize pay
 as you drive in California. Huffman's measure is sailing through the
 Legislature with little opposition. State Insurance Commissioner Steve
 Poizner is working on regulations that would put a similar proposal on
 the books. Pay-as-you-drive skeptics say they're all for reducing auto
 use but are wary about how insurers might keep tabs on their customers.
 Others worry that the deep discounts offered urban drivers, who don't
 use their cars much, could be offset by making rural motorists pay
 more.GMAC and a second insurer, Progressive Corp., report widespread customer
 acceptance of their pay-as-you-drive policies in other states.
 Progressive says that about one-third of its new customers are volunteering
 for pay-as-you-drive pilot programs underway in Minnesota, Michigan and
 Oregon. GMAC says it has signed up 30,000 policyholders nationwide for a
 low-mileage discount program.

     Proponents, including trade groups representing most major
 insurance companies, say that now is the perfect time for pay as you drive.
 With gasoline prices near $5 a gallon and likely to head higher,
 motorists are changing their driving patterns. Last month the U.S. Department
 of Transportation reported that Americans drove 1.4 billion fewer miles
 in April than they did a year earlier. But privacy advocates worry that
 companies might install sophisticated GPS devices on cars that would
 communicate via satellite where and when motorists travel and whether
 they are speeding or driving recklessly. Insurance experts suggest that
 privacy concerns may have been the undoing of a pay-as-you-drive product
 launched two years ago by Britain's largest auto insurance company,
 Norwich Union. In June the company canceled its program after only 10,000
 customers signed up. Huffman said he didn't want to make the same
 mistake. He said his bill would allow the tracking of mileage but didn't
 endorse GPS surveillance. His bill would leave details about how to
 record mileage to the California Department of Insurance.

     Poizner said he intended to explore techniques that are less
 invasive than GPS. Those include using electronic monitors that check only
 odometer readings, accessing maintenance records and authorizing smog
 inspection stations to report mileage readings. Under California law, the
 number of miles driven in a year is the second-most-important factor
 that insurers must use to compute a customer's premium. But companies
 complain that policyholders' estimates of how much they drive often are
 way off the mark. According to a 2006 Department of Insurance study, 56%
 of policyholders underreported annual driving. [Source: Los Angeles
 Times Marc Lifsher article 15 Jul 08 ++]


VA CLAIM BACKLOG UPDATE 18:    The title of the House committee report
 sums up what happened: “Die or Give Up Trying: How Poor Contractor
 Performance, Government Mismanagement and the Erosion of Quality Controls
 Denied Thousands of Disabled Veterans Timely and Accurate Retroactive
 Retired Pay Awards.” The report by the majority staff of the House
 Oversight and Government Reform domestic policy panel, released Tuesday,
 concluded that at least 28,283 disabled retirees were denied retroactive
 pay awards because rushed efforts to clear a huge backlog of claims led
 program administrators to stop doing quality assurance checks on the
 claims decisions. And of the original 133,057 potentially eligible
 veterans, 8,763 died before their cases could be reviewed for retroactive
 payments, according to the report. At issue are the Concurrent Retirement
 and Disability Payments and Combat-Related Special Compensation
 programs, approved by Congress in 2003 and 2004 to allow large numbers of
 disabled retirees to receive full concurrent military retirement pay and
 veteran’s disability compensation.

     For more than a century before those programs were enacted,
 disabled retirees were forced to forfeit a dollar of military retirement pay
 for every dollar they received in veterans’ disability payments. About
 223,180 disabled veterans receive monthly CRDP payments, while another
 60,155 disabled veterans receive monthly payments under CRSC. Under the
 programs, many disabled veterans also became eligible for a single
 retroactive payment due to changes in their disability status. As of SEP
 06, the Defense Finance and Accounting Service (DFAS) determined that
 133,057 veterans potentially were eligible for these so-called “VA Retro”
 payments. Over time, another 84,237 newly retired and other veterans
 were added to the list. Yet as of 1 MAR 08, more than 60,000 eligible
 veterans were still waiting for reviews of their cases under the two
 programs. The claims processing shortfall was raised during a February
 defense budget hearing; Pentagon Comptroller Tina Jonas told the Senate
 Budget Committee that she had recently asked Zack Gaddy, the director of
 the DFAS, to triple the number of people working on the backlog. In FRB
 08, the backlog was said to be “more than 39,000” cases. Jonas said she
 had been assured that the backlog would be cleared by APR 08.

     That did not happen, according to the subcommittee report, because
 Lockheed Martin, the contractor hired in JUL 06 to compute the complex
 retroactive pay awards, had difficulty making the computations fast
 enough to eliminate the backlog quickly. The complexity of the
 computations also hindered Lockheed Martin’s ability to develop software to
 automate the process. Two other factors played a role: The required
 databases did not exist, and the Department of Veterans Affairs and the
 military services “were slow to put the data in the necessary form for
 automation.” As a result, Lockheed Martin was forced to compute the cases
 manually. It did so, and with just under half the number of workers the
 government had previously used for the work — a relic of the original
 contract proposal, according to the report. Lockheed Martin missed its
 original NOV 07 deadline and every succeeding one, the report stated. The
 committee said Gaddy personally monitored the program and “frequently
 complained to Lockheed about low productivity and the high number of
 errors DFAS quality control auditors were detecting.” Gaddy also expressed
 concern that the delays were damaging the reputation of DFAS.

     To ease congressional concerns and speed up the review process,
 DFAS chose several “questionable approaches” — assigning federal workers
 to duties covered by the contract with Lockheed Martin, and suspending
 independent quality checks on Lockheed’s calculations. After those
 measures went into effect on 1 MAR, up to 60,051 payments were made to
 eligible veterans. But the subcommittee concluded that “serious questions”
 remain about the accuracy of these payments. “While the subcommittee
 majority staff does not know how many erred payments were sent, we do not
 believe that DFAS knows either,” the report said. Under Lockheed’s
 operating procedures, its quality assurance team also did not verify the
 accuracy of any “No Pay Due” determinations, which are sent directly to
 veterans without verification, the report added. “Neither DFAS nor
 Lockheed knows how many ‘No Pay Due’ letters could be in error,” the report
 states. Such letters were sent to at least 28,283 veterans. DFAS and
 Lockheed Martin announced that the VA Retro backlog was finally
 eliminated by the end of June, seven months after the original deadline.
 Lockheed Martin was paid $18.74 million for its work on the backlog. [Source:
 AirForceTimes William H. McMichael article Posted 16 Jul 08 ++]


MEDICARE REIMBURSEMENT RATES 2008 UPDATE 12:  President Bush sought to
 block a bill 15 JUL aimed at forestalling an 11%  cut in payments to
 doctors taking care of Medicare patients, but Congress quickly overrode
 his veto.  The House voted 383 to 41 to override the veto, while the
 Senate voted 70 to 26, in both cases far more than the two-thirds
 necessary to block the president's action. With organized medicine, other
 lobbies, and the military community promoting the popular measure in an
 election year, Republicans broke heavily from the white house. A total of
 153 House Republicans voted to defy the White House, 24 more than in a
 24 JUN vote that started the momentum toward passage of the Medicare
 doctors' bill. Twenty-one Senate Republicans voted for the bill this time,
 including four senators who had voted "nay" in the two previous
 Medicare votes. The Medicare bill is the third, along with the recent farm
 bill and a water resources bill, to become law despite Bush's veto.
 Overall, Bush has vetoed 12 pieces of legislation during his presidency,
 including a "pocket veto" of last year's defense authorization bill.

     At issue in this bill was how the government should respond to a
 planned reduction in Medicare doctors' fees, mandated by a formula that
 requires the cuts if certain spending targets are not reached. Under
 the formula, a 10.6%  cut in fees for doctors was supposed to go into
 effect 1 JUL, but Congress overwhelmingly voted instead to reduce the
 reimbursement to insurance companies that serve Medicare beneficiaries
 under its managed-care program. Those reductions would allow the
 postponement of the pay cut to doctors for 18 months, but would cost the insurers
 $14 billion over five years. Bush said the cuts to insurers would harm
 the managed-care program, which his administration sees as giving
 seniors more choices and eventually leading to lower health costs for the
 federal government.  "I support the primary objective of this
 legislation, to forestall reductions in physician payments," Bush said in his
 veto message. "Yet taking choices away from seniors to pay physicians is
 wrong." He called the bill "fiscally irresponsible" and charged that it
 "would undermine the Medicare prescription drug program." But Democrats
 said their legislation would prevent doctors from fleeing the
 traditional treatment practices that are used by more than 8%  of the mostly
 elderly Medicare patients. They said private insurers were receiving too
 much funding in the Medicare Advantage program.  "I guess the president
 is voting with them and not with America's seniors and those with
 disabilities when he vetoed this bill," said House Speaker Nancy Pelosi
 (D-CA).

     The House and Senate votes followed a large political push by the
 American Medical Association -- which ran ads in home states and
 districts of key Republicans -- and AARP, which held a lobbying campaign in
 which 1.2 million of its activists contacted members of Congress urging
 the veto override.
Health-care experts said Congress is simply moving the problem down the
 road, since lawmakers will be confronted within the year with the need
 to take additional steps or allow a major cut in physician fees.
  "This is stopgap Medicare legislation," said Charles N. "Chip" Kahn III,
 president of the Federation of American Hospitals. "It is not confronting
 any of the major spending or organizational issues concerning
 Medicare." Yesterday's congressional votes were not as dramatic as the
 maneuvering that occurred last month over the original legislation. On 26 JUN,
 Senate Democrats fell one vote short of the 60 needed to pass the
 measure.  But on the day of the veto vote, Sen. Edward M. Kennedy (D-MA) --
 recuperating from brain surgery to remove a cancerous tumor -- left
 Boston after a morning treatment of chemotherapy and radiation at
 Massachusetts General Hospital to return to the Senate for another Medicare
 vote. Once his vote assured Democrats of the 60 needed for passage,
 another nine Republicans switched sides, pushing the margin to a veto-proof
 69 votes. The bill affects the 9.2 million active and retired military
 personnel and their family members who use the military's Tricare
 system, because it uses payment rates set by Medicare.  [Source: Washington
 Post Michael Abramowitz & Paul Kane article 16Jul 08 ++]


MEDICARE REIMBURSEMENT RATES 2008 UPDATE 13:   Much of the controversy
 over the Medicare bill enacted 15 JUL concerned how much to pay the
 insurance companies that offer private Medicare Advantage� health plans.
 The bill made modest adjustments to the formula that determines the
 subsidies these companies receive, which will save taxpayers $45 billion
 over the next 10 years. The insurance lobby tried unsuccessfully to
 convince Congress that these subsidy reductions would result in benefit cuts
 and higher costs for enrollees in their plans. The lobbyists did not
 mention that, for every dollar they receive, insurance companies on
 average pay 87 cents for medical care, with some plans paying even less.
 The rest goes to administrative and marketing expenses and, of course, to
 profit. Original Medicare spends about 3 cents on the dollar on
 administrative costs. No money is diverted towards marketing or profit. The
 lobbyists also did not mention that most of the excess subsidies that
 insurance companies receive remain untouched by this bill. These
 subsidies will cost taxpayers $150 billion over the next ten years, compared to
 the cost of providing coverage through Original Medicare.

     Insurance companies are not the only middlemen who are taking an
 excessive cut of the dollars they receive from taxpayers and people with
 Medicare. Since the Part D drug benefit began in 2006, some pharmacy
 benefit managers have been overcharging consumers for drugs,
 particularly for some widely used generics: often the price for the consumer is
 double or triple the price that pharmacy benefit managers pay to
 pharmacies. This overcharging, sometimes called lock-in pricing, pushes
 consumers into the doughnut hole, where they are forced to pay inflated
 prices. It also raises costs to Medicare for covering low-income people with
 Medicare under the Extra Help program. The political influence of the
 pharmacy benefit managers has allowed this scam to continue, although
 the Centers for Medicare & Medicaid Services has recently proposed
 regulations to put an end to the practice. The Medicare Rights Center and
 other consumer groups support these new regulations. The cut taken by the
 middlemen in our health care system has impacts far beyond Medicare.
 According to a recent report comparing health care in the U.S. with care
 in other industrialized countries, the U.S. tops the chart on the
 percentage of health care spending that goes to administrative costs,
 marketing and profits. We also have the highest rates of death from
 preventable or treatable diseases. And we have the highest percentage (over one
 third) of adults who go without care or medicine because of the cost.
 [Source: Weekly Medicare Consumer Advocacy Update 17 Jul 08 ++]


DEATH GRATUITY UPDATE 02:   Effective 1 JUL service members will be
 able to select from one to ten persons of their choosing to receive the
 $100,000 death gratuity benefit. Prior to the change in law, payments
 were restricted to the spouse, then children (if applicable), and then to
 a family member as elected by the service member. It didn't allow a
 married service member to leave the death gratuity to anyone else.
  Beginning 1 JUL, service members will be able to select persons to receive
 death benefits in increments of 10%.  An unmarried service member with
 children will be able to designate a person of his choice, such as a
 parent or other person, to receive the death gratuity directly on behalf of
 their children. Married service members may elect to leave less than
 100% of the death gratuity to the spouse. The law; however, requires the
 spouse be notified in writing when such as election is made and will
 not disclose any percentages or identify any additional beneficiaries.
  If the service member does not make a designation or designates only a
 portion of the amount payable, the Defense Finance and Accounting
 Service (DFAS) will pay the amount of the death gratuity not covered by a
 designation to the following in the order listed: surviving spouse; if no
 spouse, then to any surviving children; if no children, then to
 surviving parents or their survivors. If none of the preceding exist, payment
 will be made to the appointed executor or administrator of the estate.
 The death gratuity is not an insurance policy, but should serve as a
 bridge between the death of a service member and the start of survivor
 benefits. Benefits, such as the death gratuity, do not replace the need
 to do proper estate planning and guardianship agreements for minor
 children. [Source: NMFA Government and You E-News 15 Jul 08 ++]


BLOOD THINNERS:    A trio of experimental drugs has doctors hopeful
 that for the first time in decades, millions of people at risk of lethal
 blood clots may soon get easier treatment.  The first goal is a pill
 option for people who now need daily blood-thinning shots for weeks after
 knee or hip replacement surgery. But the ultimate goal is an
 alternative to that old standby warfarin, also called Coumadin, the nation's most
 troublesome lifesaver because of side effects and restrictions its 2
 million users face. Now in late-stage testing in thousands of Americans
 are three pills that work to prevent blood clots in ways that promise
 to be less burdensome. One of the trio, Boehringer Ingelheim's Pradaxa,
 just began selling in Europe.  The drug research comes as Medicare is
 considering withholding payment from hospitals when at-risk patients
 develop clots in their veins, usually the legs _ a common preventable
 cause of hospital deaths. The National Quality Forum has estimated that
 only about a third of patients who need protective blood thinners while
 hospitalized get them.

     Known medically as a "deep vein thrombosis" or DVT, such a clot
 can kill quickly if it moves up to the lungs. There aren't good counts,
 but recent estimates suggest that about 900,000 people a year suffer a
 vein clot, and nearly 300,000 die. Being immobile for long periods, such
 as during hospitalizations or even long airplane flights, can trigger
 a clot. Vice President Cheney suffered one after a long trip last year.
 NBC correspondent David Bloom died of one in 2003 after spending days
 in a cramped military vehicle while covering the invasion of Iraq.  But
 there are a variety of risks, including increasing age, smoking, birth
 control pills, obesity _ and especially, big surgeries like knee or
 hip replacements.  Doctors use faster-acting shots of the blood thinner
 enoxaparin to protect orthopedic surgery patients. But warfarin is a top
 treatment once a vein clot strikes _ and the leading protection for
 other types of clots, such as strokes caused by the irregular heartbeat
 atrial fibrillation. However, too many of those patients go unprotected
 because warfarin is so hard to use. Dangerous bleeding is the worst
 side effect, but it requires monthly blood checks because diet and other
 factors can throw off the dose. "The need is substantial" for an easier
 alternative, says Dr. Richard Becker, a hematology and cardiovascular
 specialist at Duke University Medical Center who is monitoring the
 pipeline. "I don't know of a drug that has the inherent complexities and
 potential for harm that Coumadin does."

     Hopes have been dashed before. Just a few years ago, the highly
 anticipated blood thinner Exantra was pulled off Europe's market, and
 rejected here, because of surprising liver damage. So while trial results
 have U.S. specialists optimistic about the three new attempts, they're
 watching closely for any hints of problems. If they work, their
 targeted action promises fewer side effects, dietary restrictions or dose
 problems than warfarin. But warfarin still will play an important role,
 since the generic form sells for as little as $40 for a three-month
 supply. Other drugs In the pipeline are:
• Rivaroxaban tamps down action of a key player in blood clotting,
 called Factor Xa. Last month, the New England Journal of Medicine published
 two studies of more than 7,000 knee and hip replacement recipients who
 received either a daily rivaroxaban pill or today's standard
 injections. Pill users were less likely to suffer fatal and nonfatal vein clots.
 Bleeding and other side effects were similar with both drugs. Johnson
 & Johnson, which is developing rivaroxaban with Bayer Healthcare AG,
 plans to seek Food and Drug Administration approval later this summer.
• Pradaxa, or dabigatran, interferes with another blood clotting agent,
 called thrombin. European regulators cited research showing Pradaxa
 was as effective as standard shots in protecting orthopedic patients.
 Duke's Becker cautions that one U.S. study didn't show as big an effect;
 other research is continuing. This drug works similarly to the ill-fated
 Exantra, but Becker says there are no signs of liver toxicity so far.
• Bristol-Myers Squibb's apixaban works against the same clotting
 factor as rivaroxaban; its key studies are under way.
[Source: Washington Post AP Lauran Neergaard article 14 Jul 08 ++]


KNOW YOUR FOOD:   Almost everyone strives for a healthy diet, whether
 it’s low-fat, low-carb, or low-cal. Others are on specific diets for
 medical reasons. When you cook from scratch, it is fairly easy to control
 ingredients and know what you’re eating, but that’s often not the case
 with packaged foods.  Nutrition facts labeling, required on most food
 products, can provide plenty of useful information. It might be helpful
 to grab a food package from your cupboard and look at the nutrition
 label as you read the rest of this article: 
• Although most similar foods have similar serving sizes, there can be
 significant differences — an 8-ounce carton of yogurt might be one
 serving; so might a 4-ounce carton. A 1-ounce serving of cereal could be 1
 cup or ¼ cup, depending on the density of the product (e.g., puffed
 cereals are less dense than granola). What seems to be a single-serving
 package actually might contain more than one serving. Make sure you
 consider serving size when calculating calories and other nutrients
 consumed. When you compare nutrients among products, make sure that serving
 sizes are comparable. 
• Beside total calories, the label lists calories from fat. Although
 the actual numbers are given, the ratio also can be important if you are
 trying to limit fat content to 25%  to 30% of your total calories.
 Divide the calories from fat by the total calories to determine the percent
 of calories from fat. 
• Another section of the food label provides information about food
 components that should be limited — fats, cholesterol, and sodium (also
 found in table salt). The amounts are listed by weight (grams) and as a
 percentage of the recommended daily maximum. The recommended maximum is
 based on a 2,000-calorie-a-day diet. If you are trying to lose weight,
 you might be on a diet of 1,000 calories a day, and your recommended
 maximum will be lower. For example, a one-serving bag of potato chips
 might have 10 grams of fat, which is about 15% of the recommended daily
 maximum of 65 grams for someone on a 2,000-calorie-a-day diet. Someone
 eating only 1,000 calories a day is eating half as much food, so the fat
 in that bag of chips becomes 30% of their recommended daily maximum.
• The next section lists carbohydrates and protein. If dietary fiber is
 less than 5%, a food is considered low in fiber.
•  Four other nutrients might be listed — vitamins A and C, calcium,
 and iron. If a food product has 20% or more of the daily requirement of
 any of these nutrients, it is considered high in that nutrient. Some
 foods naturally contain these nutrients, but others do not.

For more information, see the Food and Drug Administration’s Web site
 at www.cfsan.fda.gov. [Source: MOAA Magazine Ask the Doctor Aug 05]


HAVE YOU HEARD:   An Indian walks into a cafe with a shotgun in one
 hand pulling a male buffalo with the other.   He says to the waiter: 
 'Want coffee.' The waiter says,  'Sure, Chief. Coming right up.'
He gets the Indian a tall mug of coffee. The Indian drinks the coffee
 down in one gulp, turns and blasts the buffalo with the shotgun, causing
 parts of the animal to splatter everywhere and then just walks out.

     The next morning the Indian returns. He has his shotgun in one
 hand, pulling another male buffalo with the other. He walks up to the
 counter and says to the waiter 'Want coffee.'  The waiter says 'Whoa,
 Tonto! We're still cleaning up your mess from yesterday.   What was all that
 about, anyway?'  The Indian smiles and proudly says, 'Training for
 position in United States Congress: Come in, drink coffee, shoot the bull,
 leave mess for others to clean up, disappear for rest of day.


VETERAN LEGISLATION STATUS 29 JUL 08:    Congress returned from
 vacation on 7 JUL.  Congress is scheduled to again  recess 6 AUG to 4 SEP.
 Refer to the Bulletin’s House & Senate attachments for or a listing of
 Congressional bills of interest to the veteran community that have been
 introduced in the 110th Congress. Support of these bills through
 cosponsorship by other legislators is critical if they are ever going to move
 through the legislative process for a floor vote to become law.  A good
 indication on that likelihood is the number of cosponsors who have
 signed onto the bill. A cosponsor is a member of Congress who has joined
 one or more other members in his/her chamber (i.e. House or Senate) to
 sponsor a bill or amendment. The member who introduces the bill is
 considered the sponsor.  Members subsequently signing on are called
 cosponsors. Any number of members may cosponsor a bill in the House or Senate.
 At http://thomas.loc.gov you can also review a copy of each bill’s
 content, determine its current status, the committee it has been assigned
 to, and if your legislator is a sponsor or cosponsor of it.  To determine
 what bills, amendments your representative has sponsored, cosponsored,
 or dropped sponsorship on refer to
 http://thomas.loc.gov/bss/d110/sponlst.html.  The key to increasing
 cosponsorship on veteran related bills and subsequent passage into law is
 letting our representatives know of veteran’s feelings on issues.  At
 the end of some listed bills is a web link that can be used to do that.
 You can also reach his/her Washington via the Capital Operator direct
 at (866) 272-6622,  (800) 828-0498,  or (866) 340-9281 to express your
 views. Otherwise, you can locate on http://thomas.loc.gov who your
 representative is and his/her phone number, mailing address, or
 email/website to communicate with a message or letter of your own making.  Refer to
 http://www.thecapitol.net/FAQ/cong_schedule.html for future times that
 you can access your representatives on their home turf.  [Source: RAO
 Bulletin Attachment 13 Jul 08 ++] 

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

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