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RAO Bulletin
1 December 2008

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THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

== Tricare One Year Limit [01] -------- (Overseas 2008 Waiver)
== Certificate of Creditable Coverage [02] ---------- (Eligibility)
== Camp Lejeune Toxic Exposure [02] ---- (Guests Health Risk)
== CRDP/CRSC Option [02] ---------------- (2009 Open Season)
== Mobilized Reserve 25 NOV 08 ---------------- (349 Increase)
== VA Lawsuit (Randen Harvey) ---------------- (PTSD Suicide)
== Medicare Enrollment w/Disability [01] ---- (Waiting Period)
== Locating Veterans [01] -------------------------------- (How To)
== Sam's Club Military Open House --------------- (1 & 15 DEC)
== DOD Disability Eval System [12] ---------- (Chu at it Again)
== DOD Disability Eval System [13] -- (Cbt-Related Definition)
== VA Secretary [07] ---------------------------- (Anthony Brown)
== Unapproved Prescription Drugs ------ (No FDA Master List)
== COLA 2010 ---------------------------------- (OCT 1.3% Drop)
== SBP Paid Up Provision [07] ----------------- (Appeal Process)
== Agent Orange & Heart Disease --------- (Correlation Found)
== VA Fraud [15] ----------------------------------- (Louisville KY)
== SBP Lawsuit [04] ----------------------------- (NOV 08 SitRep)
== CRDP [45] ---------------------------------- (IU Retro Pay Tax)
== USAF Return to Active Duty ---------------------- (Programs)
== FDA Scam -------------------------------------- (Impersonators)
== VA Claim Shredding [02] ----------- (Culture of Dishonesty)
== VA Claim Shredding [03] ------- (Vet Protection Expanded)
== Gulf War Syndrome [05] ----------------------- (GWS is Real)
== Gulf War Syndrome [06] -- (Kilpatrick Disagrees w/Report)
== WRAMC [13] ---------------------- (Holiday Mail for Heroes)
== TRS [10] ----------------------------------- (Premium Decrease)
== VA Category 8 Care [08] ----------- (Beware Rationed Care)
== Census Bureau Job Recruiting -------- (Taking Applications)
== GI Bill [31] -------------------------------- (DVA Preparations)
== VA Mileage Reimbursement [06] ---------- ($0.415 17 NOV)
== Gift Cards -------------------------- (Consider Where You Buy)
== Tricare Physician Availability --------------------- (Declining)
== Medicare Part D Doughnut Hole ---------- (Comprehending)
== Medicare Part B Open Enrollment [01] ---- (11/15 to 12/31)
== National Resource Directory---------- (Recovery/Rehab Aid)
== Personality Disorder' Separations ------------ (Under Review)
== Cellphone *77 ------------------------------------- (Phony Cops)
== Reserve Leave Benefits --------------------- (New DOL Rules)
== VA Claim Backdating ----------------- (Under Investigation)
== Vet Support from States [01] ------------------------- (Florida)
== Burn Pit Toxic Emissions -------------- (Iraq & Afghanistan)
== Burn Pit Toxic Emissions [01] ------- (Army Report Aug 07)
== DoD PDBR [03] --------------- (Review Board Comparisons)
== VA Presumptive Vietnam Vet Diseases ------ (Updated List)
== Veteran Legislation Status 29 NOV 08 --- (Where we Stand)

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

TRICARE ONE YEAR LIMIT UPDATE 01:   Tricare officials remind overseas
 providers and beneficiaries that they have limited time left to file
 claims that have not already been processed. Tricare Management Activity
 (TMA) has extended a “timely filing waiver” through 31 DEC 08 for
 Tricare Overseas claims. The extension accommodates providers, beneficiaries
 and others living overseas who have not filed claims within one year of
 the “date of service.” One year is the limit normally allowed by
 Tricare policy. However, according to Tricare officials, late filing
 overseas sometimes occurs due to local statutes, which often give healthcare
 professionals up to three years to file claims for reimbursement. The
 filing extension through 31 DEC 08 allows extra time for Tricare area
 offices overseas to educate providers, beneficiaries and others about
 Tricare’s claims filing policies. To be eligible for this limited timely
 filing waiver, overseas Tricare service centers, military treatment
 facilities, remote points of contact, providers and beneficiaries who have
 outstanding healthcare bills with dates of service before 31 DEC 07 must
 submit their claims no later than 31 DEC 08 to Wisconsin Physicians
 Service (WPS), the overseas claims processor for Tricare. Beneficiaries
 can file claims by mailing a completed DD Form 2642 with a copy of the
 itemized bill and receipts to the appropriate WPS address found on the
 contact page at http://tricare4u.com. If WPS initially denies a claim
 filed more than a year from the date of service, the filer can then
 request the limited timely filing waiver. However, after the 31 DECF 08
 deadline, new claims will be denied if not filed within one-year from the
 date of service. Contact a local overseas Tricare area office for
 assistance or WPS overseas at 1-608-301-2310.  Area office contact
 information is available at the beneficiary portal at http://www.tricare.mil.
 [Source: Tricare News release 08-117 dtd 28 Nov 08 ++]

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CERTIFICATE OF CREDITABLE COVERAGE UPDATE 02:    A Certificate Of
 Creditable Coverage (CoCC) is usually required when changing from one health
 insurance plan to another and serves as evidence of prior health care
 coverage to reduce how much or how long a health care plan can exclude
 a person from coverage for a pre-existing health condition.  The
 certificate shows the new insurance carrier that a beneficiary had Tricare
 coverage for the period noted on the certificate.  Certificates identify
 the name of the sponsor and/or family member for whom it is issued, the
 dates Tricare coverage began and ended, and the certificate issue
 date. Those issued upon request of a beneficiary will reflect each period
 of continuous coverage under Tricare that ended within 24 months prior
 to the date of loss of eligibility. The Defense Manpower Data Center
 Support Office (DSO), as the custodian of the defense enrollment
 eligibility reporting system, is the issuing authority. They issue a certificate
 to sponsors and family members upon loss of eligibility, including
 active duty members who separate from service. An active duty member who
 retires does not lose eligibility and is not automatically issued a
 CoCC. However, when retired member needs a certificate to present to a new
 employer for health plan coverage, he/she should request one in
 writing. Examples of when certificates may be issued include:
• Upon separation of the sponsor from active duty, a certificate will
 be issued to the sponsor listing all eligible family members.
• Upon the loss of eligibility for a dependent child (age 21, or 23 if
 a full-time student), a certificate will be issued to dependent child.
• Upon loss of coverage after divorce, a certificate will be issued to
 the former spouse.

By law, if an individual incurs a 63-day break in coverage, all
 previous creditable coverage before the break is disregarded (meaning the
 beneficiary does not show as Tricare eligible during that 63-day period)
 which may reduce any future pre-existing condition exclusion period.
 Guard/reserve members on active duty orders for 30 days or less are not
 issued CoCC’s because they are not Tricare eligible and that time is not
 considered when calculating the length of coverage. Eligible retirees or
 those who may have lost their certificate may submit a written request
 for a CoCC, which will be mailed to the sponsor or family member
 without charge. Certificates cannot be requested by phone from the DSO.
 Written requests for a CoCC must include the sponsor's name and social
 security number, name of person for whom the certificate is requested,
 reason for the request, name and address to whom and where the certificate
 should be sent, and signature of the requester. The mailing address for
 a CoCC request is: Defense Manpower Data Center Support Office (DSO),
 Attn: Certificate Of Creditable Coverage, 400 Gigling Road, Seaside, Ca
 93955-6771. If there is an urgent need for a CoCC, a beneficiary can
 fax his/her request to the DSO at (831) 655-8317 or request (via mail or
 fax) that the DSO fax it to a particular number.  Note:  Tricare does
 not exclude preexisting conditions, so there is no need for a CoCC from
 a previous plan when a beneficiary becomes Tricare eligible.

     Content of CoCCs for members of the guard and reserve called to
 several periods of active duty depends on how long the member was
 mobilized, whether he/she was eligible for transitional assistance management
 program benefits, and whether the member had a break in health care
 coverage of 63 days or more. Some possible scenarios for issuance are:
• Member mobilized for 45 days, but not eligible for TAMP (such as RC
 members called to active duty for special work or a similar
 non-contingency period of active duty). The certificate issued covers the initial
 45-day period. Thirty days later, the member is mobilized for 60 days
 (again not eligible for TAMP), and the break in coverage is less than 63
 days. The second certificate will cover the 60-day period. The member
 may then present these collective certificates to a health plan and
 receive credit for the total coverage time.
• A guard/reserve member is mobilized for 45 days but eligible for 180
 days of TAMP coverage.   The certificate is issued at the end of the
 225-day period, indicating continuous coverage for 225 days.
•  A guard/reserve member was covered for 18 months, which is followed
 by a break in coverage of 63 days or more. The 18-month period that
 occurred prior to the 63-day break in coverage will not be credited on the
 certificate of creditable coverage. By law, if an individual incurs a
 63-day break in coverage, all previous creditable coverage prior to the
 break are disregarded (meaning you were not Tricare eligible during
 this period) and reduces any future preexisting condition exclusion
 period. Also, since rc members on active duty orders for 30 days or less are
 excluded, these periods of active duty service will not be considered
 when calculating your length of coverage.

For questions regarding the Certificate Of Creditable Coverage,
 sponsors and family members may contact the DSO at (800) 538-9552. For
 TTY/TDD, dial (866) 363-2883. Questions also may be sent via e-mail to the
 Tricare Management Activity HIPAA program office at hipaamail@tma.osd.mil
 .  Additional CoCC information is available on the Tricare web site at
 www.tricare.mil/hipaa/downloads/cocc.pdf.  [Source: CoCC Fact Sheet
 www.tricare.mil/Factsheets/print.cfm?id=247. 17 Nov 08 ++]

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

CAMP LEJEUNE TOXIC EXPOSURE UPDATE 02:    The Marine Corps is searching
 for at least 500,000 people who have visited Camp Lejeune, NC, and
 could be at risk for health problems due to the drinking water on base.
  Chemicals from a building used to wash clothes for dry cleaning and
 de-greasing were found in the water system.  More than 80,000 people have
 registered, which is only a fraction of the veterans and visitors who
 could be affected.  Those who have visited or lived on the base between
 1957 and 1987 should register by visiting the Marine Corps' Camp Lejeune
 Water Study website https://clnr.hqi.usmc.mil/clsurvey/ or by calling
 (877) 261-9782. [Source:  NAUS Weekly Update 26 Nov 08 ++]

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

CRDP/CRSC OPTION UPDATE 02:    If you are a military retiree and
 eligible for both CRDP and CRSC, you may elect to change which compensation
 you receive during the CRDP/CRSC Open Season.  This annual Open Season
 election period is Jan. 1 thru 31 JAN 09, and allows the retiree to
 choose which payment is preferred.  You may receive one or the other but
 not both.  In late DEC 08, eligible retirees will be mailed a CRDP/CRSC
 Open Season Election Form.  The retiree needs to return the form only if
 making a change from CRDP to CRSC or vice versa.  If the retiree
 prefers to keep things the way they are, do nothing.  The payments the
 retiree now receives will continue uninterrupted. To help the retiree make a
 more informed decision, the form will include a comparison of the CRSC
 and CRDP entitlement amounts as well as information about the
 collection actions and taxes to which each type of payment is subject. If the
 retiree wants to change from CRDP to CRSC or vice versa, the form must
 be postmarked by 31 JAN 09.  If the form is dated after this date, it
 will not be processed and the crrent payments will continue
 uninterrupted. The change in the payment will be effective with the first business
 day of FEB 09.  Due to a 30-day processing timeframe, the retiree may
 not receive their first payment until the first business day of MAR 09,
 including a retroactive adjustment for the payment that would have been
 paid on the first business day of February. [Source:  NAUS Weekly
 Update for 26 Nov 08 ++]

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

MOBILIZED RESERVE 25 NOV 08:   The Army, Air Force and Marine Corps
 announced the current number of reservists on active duty as of 25 NOV 08
 in support of the partial mobilization. The net collective result is
 349 more reservists mobilized than last reported in the Bulletin for 15
 NOV 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 96,345; Navy Reserve, 5,803; Air National Guard and Air
 Force Reserve, 10,741; Marine Corps Reserve, 6,859; and the Coast Guard
 Reserve, 858. This brings the total National Guard and Reserve
 personnel who have been mobilized to 120,606 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/Nov2008/d20081125ngr.pdf . [Source: DoD
 News Release 984-08 26 NOV 08 ++]

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

VA LAWSUIT (RANDEN HARVEY):    The U.S. Department of Veterans Affairs
 is being blamed for the suicide of a 24-year-old Michigan man who
 served with the Marines in Iraq. A lawsuit filed 25 NOV accuses government
 doctors of failing to keep Randen Harvey in a hospital or commit him to
 a mental-health facility in 2006. Harvey died of a drug overdose at his
 father’s home in Farmington Hills in JUN 06. The lawsuit says he
 suffered from post-traumatic stress disorder after two tours in Iraq. The
 lawsuit says Harvey was found on the roof of the VA Medical Center in Ann
 Arbor, three days before his death. He was discharged and told to wait
 for substance-abuse treatment. The lawsuit in federal court in Detroit
 seeks $600,000. A message seeking comment was left with the VA. The VA
 made a financial offer before the lawsuit was filed “but it was too
 low,” lawyer Thomas Campbell said. [Source: MarineCorpsTimes AP article
 25 Nov 08 ++]

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

MEDICARE ENROLLMENT W/DISABILITY UPDATE 01:   In NOV 08 over 75 health
 advocacy organizations launched the Coalition to End the Two-Year Wait
 for Medicare, sending a letter to health leaders in the House and
 Senate demanding that next year’s health reform efforts make a priority of
 covering people with disabilities who are struggling to survive as they
 wait for Medicare coverage. Close to 1.5 million people are stuck in
 this waiting period annually. ”Nearly 40% of these individuals are
 without health insurance coverage at some point during their wait for
 Medicare; 24% have no health insurance during this entire period. Many cannot
 afford to pay COBRA premiums to maintain coverage from their former
 employer, and private coverage on the individual market is unavailable or
 too expensive for this high-cost population. The economic downturn
 makes it difficult for states to extend Medicaid coverage beyond the most
 impoverished people with disabilities,” the coalition letter reads. “No
 one with disabilities severe enough to qualify for SSDI should be
 without health insurance.” The coalition includes organizations such as the
 American Cancer Society – Cancer Action Network, Amputee Coalition of
 America, Alzheimer’s Association, Easter Seals and the Medicare Rights
 Center. In 1972, when Congress expanded Medicare to include people with
 disabilities, it created a “waiting period” that requires people to
 wait 24 months from when they begin receiving their Social Security
 Disability Insurance (SSDI) payments before they can receive health care
 through Medicare. Costs for the elimination of the waiting period are
 estimated to be around $9 billion annually. These costs would be offset by
 about $4 billion in Medicaid savings. In the 110th congress Senate bill
 S.2102 sponsored by Senator Jeff Bingaman (D-NM), wioth 23 sponsor
 (including President-elect Barack Obama) and House bill H.R. 154 sponsored
 by Representative Gene Green (D-TX) with 103 cosponsors. This
 legislation would eliminate the waiting period through a ten-year phase out.
 [Source:  Medicare Watch 25 Nov 08 ++]

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

LOCATING VETERANS UPDATE 01:   The military keeps track of folks who
 are currently receiving military pay. That means they know the location
 of individuals who are currently on active duty, in the National Guard
 and Reserves, and those who are retired from the military. If you're
 looking for someone who spent a few years in the military, and then
 separated, the military is not going to know where they are. Even if the
 people you are looking for are currently on active duty, in the Guard or
 Reserves, or are retired, whether or not the military will release
 information they do have on file is dependent upon the circumstances. For
 example, the military generally does not release information about
 individuals who are deployed. Following are some guidelines on where you can
 look:

Base Locators:  If the person you're trying to find is currently on
 active duty, and you know their rank, name, and where they are stationed,
 finding them is pretty easy. Every military base has a "base locator."
 You can usually locate the military member you're looking for with a
 simple phone call. To contact the base locator, call long distance
 information, and ask them to connect you to the base operator for the
 military base where the member is stationed. When the base operator comes on
 the line, ask to be connected to the base locator. The base locator can
 give you the duty phone number and duty address of any active duty
 person stationed on that base. Unless the individual has asked to keep the
 information private, the locator can also give you their home phone
 number and home address.

World-Wide Locators:  If you don't know where the member is stationed,
 you'll need to contact the specific service's world-wide locator
 service. Each military branch has their own:

•  Air Force. The Air Force World-Wide Locator is based at the Air
 Force Personnel Headquarters in Texas. It handles requests for Air Force
 active duty, Air Force reserves, the Air National Guard, and retired Air
 Force members. There are two types of requests: official requests and
 unofficial requests. Official requests are defined as requests received
 from any government agency and the Department of Defense. All other
 requests are considered unofficial. All unofficial requests must be made
 in writing. In order for the Air Force to properly locate the correct
 individual, your request must contain as much of the following
 information as possible: Full name to include a middle initial; Rank; Social
 Security number; Date of birth; Any known assignment information
 (places/dates). A fee of $3.50, per individual request, is required for all
 unofficial requests. The fee must be paid by check or money order made out
 to "DAO-DE RAFB." Requestors who are on active duty, National Guard,
 Reserves, or military retired are exempt from paying the fee. Your written
 request needs to include your name, address, and phone number. Put
 your written request in an unsealed envelope with a return address, proper
 postage affixed and the individual's (the person you're looking for)
 name in the addressee portion of the envelope. Place this envelope in a
 larger envelope with your check or money and mail to the locator
 address at: HQ AFPC/DPDXIDL, 550 C St West Ste 50, Randolph AFB, TX
 78150-4752. Your request constitutes permission for the Air Force to release
 your name, phone number, and address to the military member.

• Army. Due to security reasons, the Army has closed their World-Wide
 Locator Service to the general public. To access the Army locator, you
 now need an Army Knowledge Online account (that means you need to be a
 member of the Army, Army National Guard, Army Reserves, Army Retired
 member, or an Army Dependent). Other requests to locate active duty Army
 members are handled on a case-by-case basis. Send your written requests
 to: Commander,  U.S. Army Enlisted Records & Evaluation Center, ATTN:
 Locator, 8899 East 56th Street, Fort Benjamin Harrison, IN 46249-5301
 Tel:1-866-771-6357.


•  Navy. The Navy World Wide Locator helps locate individuals on active
 duty and those who have been recently discharged (within one year).
 The Navy also has a current address for retired Navy service members.
 Retiree addresses and addresses for those who have recently separated,
 however, are protected under the provisions of the Privacy Act and cannot
 be released. In these cases, however, the locator can forward mail.
 Give as much identifying information as possible about the person you wish
 to locate such as full name, rank (rate), last duty assignment/last
 known military address, service number, and Social Security number. You
 can call the locator service at 1-866-827-5672 or 1-901-874-3388, DSN
 882-3388. Unless you are calling on official business or a family member
 or active duty member, the fee for researching an address is $3.50 per
 address made payable by check or money order to the U.S. TREASURER.
 Fees are retained in cases resulting in an unsuccessful search. Mail your
 correspondence with your fee to: Navy World Wide Locator, Navy
 Personnel Command, PERS 312E2, 5720 Integrity Drive Millington, TN 38055-3120.

• Marine Corps. The Marine Corps can provide the duty station for
 active duty personnel and reservists. For retired individuals, the locator
 service can provide the city and state, but not an address. The service
 will provide the service member's current rank and unit address;
 however, due to the locator's staffing, the office cannot forward mail except
 in special cases. Telephonic requests to 1-703-640-3942/3943 are no
 charge to immediate family members and government officials calling on
 official business. In addition, telephonic service will be provided at no
 cost to any individual, business or organization, if the Marine
 locator decides the information would benefit the individual. Other requests
 cost $3.50, made payable by check or money order to the U.S. TREASURER.
 Send written locator requests to: Commandant of the Marine Corps,
 Headquarters, USMC Code MMSB-10, Quantico, VA 22134-5030.


• Coast Guard. The Coast Guard World Wide Locator has duty stations for
 active duty personnel. They do not maintain listings for CG reserve or
 retired personnel. To locate an active duty Coast Guard member, you
 can send an email to: ARL-PF-CGPCCGlocator@uscg.mil. You can also write
 to: Coast Guard Personnel Command (CGPC-adm-3), 2100 Second St,
 SW.,Washington, DC 20593-0001 Tel: (202) 267-0581

Other: Military members are people, just like any other folks. They can
 often be found by employing methods you would use to try and locate
 anyone. For example, a private detective agency may be able to assist.
 They usually have access to resources and databases which can search
 driver's license records, utility records, mortgage and deed documents,
 etc. There are web sites that allow former military members and former
 military members to enter their contact information, so that it is
 available to people who wish to find them. The disadvantage is that the member
 will not be listed there, unless he/she specifically requested that
 their information be listed. Some of these web sites are:
• www.militarylocator.com. You have to join this site to use their
 locator.
• www.militaryconnections.com. Database with over 450,000 names.
• www.gisearch.com. Database with information from many current and
 former military members.
• www.usaf-locator.com. More than 32,000 email addresses of current and
 former Air Force members.
• www.classmates.com. Classmates.com has a special section for current
 and former military members. You have to join in order to use their
 services.
[Source:  About.com U.S. Military Rod Powers article Nov 08 ++]

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

SAM'S CLUB MILITARY OPEN HOUSE:   Sam's Club announced it will host
 open houses for military personnel, including retired and active service
 members and their families, nationwide, to make their holiday brighter.
 Military personnel can shop and save on their holiday meals and gifts
 at Sam's Club without a membership. The company will also waive its 10%
 non-member service fee. The military open houses will be held Monday, 1
 DEC and Monday, 15 DEC in 598 Sam's Club locations in the U.S., during
 regular club hours. For more information refer to samsclub.com.
 [Source: mrgrg-ms-talk 26 Nov 08 ++]

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

DOD DISABILITY EVALUATION SYSTEM UPDATE 12:    Defense Secretary Robert
 Gates has issued a policy stating that the military will follow a new
 law requiring that service members being medically retired for
 post-traumatic stress disorder be rated at least 50% disabled, a provision of
 the 2008 Defense Authorization Act. But the Pentagon is ignoring another
 provision of the Act that requires a review board to be set up for
 medical evaluation cases, and has even added some pain to service members
 who feel they have been wronged: Decisions by the board, whenever it is
 formed, will not be retroactive. The Physical Disability Board of
 Review was mandated by Congress to check the fairness and accuracy of
 troops’ disability cases. The Defense Department decided that the board will
 review only conditions found unfitting — which advocates for service
 members say leaves out any diagnosis that should have been included but
 wasn’t. They say it also excludes cases in which lower-rated conditions
 were found unfitting while higher-rated conditions were found fitting
 — allowing the military to spend less money on medical separation
 cases. Now a new memo states that decisions of the board, which was supposed
 to be set up in April, will not be retroactive. The memo, posted on
 the Military Health System Web site, states: “Any change to the rating is
 effective on the date of final decision by the service secretary.” In
 other words, service members will not receive back pay for incorrect
 ratings.

     Retired Army Lt. Col. Mike Parker, who has worked as an advocate
 for troops going through the medical retirement system, said the
 situation is maddening because the longer the Defense Department takes to set
 up the new board, the less back pay it will have to hand out. Parker
 said the new memo on PTSD ratings is better news. According to the 2008
 Defense Authorization Act, all the services are required to follow the
 rules of the Veterans Affairs Schedule for Rating Disabilities.
 According to those rules, anyone being medically discharged with a diagnosis of
 PTSD must receive a disability rating of 50% and then be re-examined
 six months later. In the past, according to Army documents, many
 soldiers with PTSD have been found unfit for service, rated 10% disabled and
 immediately booted out. Not long ago, rumors were rampant that defense
 officials soon would issue guidance stating that this was, in fact, how
 those cases should be handled. But after the threat of a lawsuit and
 calls from veterans’ groups for the Pentagon to obey the letter of the
 law, a 14 OCT policy was incorporated into Defense Department Instruction
 1332.38, stating that the military will abide by the VASRD rules. The
 rules state: “When a mental disorder that develops on active duty as a
 result of a highly stressful event is severe enough to bring about
 release from active military service, the rating agency shall assign an
 evaluation of not less than 50% and schedule an examination within the
 six-month period following discharge to determine whether a change in
 rating and disposition is warranted.” The only exceptions will be those
 found to have a permanent and stable condition and a rating of 80% or
 higher, who will be permanently retired.

     The memo, signed by David Chu, undersecretary of defense for
 personnel and readiness and effective immediately, also states that troops
 in the Disability Evaluation System may request an impartial physician
 or other health care professional not involved in his or her case to
 review the medical evidence for a Medical Evaluation Board. That was also
 mandated by Congress in the 2008 Defense Authorization Act. The memo
 states: “In most cases, this impartial health professional should be the
 service member’s primary care manager,” and adds that the adviser has
 five days to review the evidence. The new guidance also:

• Lays out time limits for how long each task should take to perform.
 For example, the entire process, from the date of the first medical
 summary for the Medical Evaluation Board to the final review board,
 excluding appeals review, “should not exceed” 70 days for active-duty members
 and 130 days for reserve-component members. Each appeal should take no
 longer than 30 days from the day the final Formal Physical Evaluation
 Board is completed.
• Asks the services to create a new Medical Evaluation Board or
 Physical Evaluation Board to process cases if they encounter backlogs.
• States that Physical Evaluation Board legal counselors will consult
 with the service members they counsel “at least one day in advance of
 the scheduled formal hearing.” Troops have complained that their
 counseling came just hours before their hearings, and often took place by
 phone.
[Source:  NavyTimes Kelly Kennedy article 22 Nov 08 ++]

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

DOD DISABILITY EVALUATION SYSTEM UPDATE 13:    Marine Cpl. James Dixon
 was wounded twice in Iraq -- by a roadside bomb and a land mine. He
 suffered a traumatic brain injury, a concussion, a dislocated hip and
 hearing loss. He was diagnosed with post-traumatic stress disorder. Army
 Sgt. Lori Meshell shattered a hip and crushed her back and knees while
 diving for cover during a mortar attack in Iraq. She has undergone a hip
 replacement and knee reconstruction and needs at least three more
 surgeries. In each case, the Pentagon ruled that their disabilities were not
 combat-related. In a little-noticed regulation change in MAR 08, the
 military's definition of combat-related disabilities was narrowed,
 costing some injured veterans thousands of dollars in lost benefits -- and
 triggering outrage from veterans' advocacy groups. The Pentagon said the
 change was consistent with Congress' intent when it passed a "wounded
 warrior" law in January. Narrowing the combat-related definition was
 necessary to preserve the "special distinction for those who incur
 disabilities while participating in the risk of combat, in contrast with
 those injured otherwise," William J. Carr, deputy undersecretary of
 Defense, wrote in a letter to the 1.3-million-member Disabled American
 Veterans. The group, which has called the policy revision a "shocking level of
 disrespect for those who stood in harm's way," is lobbying to have the
 change rescinded.

     Sen. Carl Levin (D-MI), chairman of the Armed Services Committee,
 said the Pentagon's "more conservative definition" limited benefits for
 some veterans. "That was not our intent," Levin said in a statement.
 He added: "When the disability is the same, the impact on the service
 member should be the same no matter whether the disability was incurred
 while training for combat at Ft. Hood or participating in actual combat
 in Iraq or Afghanistan." Pentagon officials argue that benefits should
 be greater for veterans wounded in combat than for "members with
 disabilities incurred in other situations (e.g., simulation of war,
 instrumentality of war, or participation in hazardous duties, not related to
 combat)," Carr wrote. But veterans like Dixon and Meshell said their
 disabilities were a direct result of wounds suffered in combat. Dixon said
 he was denied at least $16,000 in benefits before he fought the Pentagon
 and won a reversal of his noncombat-related designation. "I was blown
 up twice in Iraq, and my injuries weren't combat-related?" Dixon said.
 "It's the most imbecile thing I've ever seen." Meshell, who is
 appealing her status, estimates she is losing at least $1,200 a month in
 benefits. Despite being injured in a combat zone during an enemy mortar
 attack, she said, her wounds would be considered combat-related only if she
 had been struck by shrapnel. Meshell said the military had suggested
 that at least some of her disability was caused by preexisting joint
 deterioration. "Before I went over there, I was fine -- I was perfectly
 healthy," Meshell said. "This whole thing is causing me a lot of
 heartache."

     Kerry Baker, associate legislative director of DAV, has accused
 the Pentagon of narrowing the definition of combat-related disabilities
 to save money. He said the change would reduce payments for tens of
 thousands of veterans -- those already wounded and those injured in the
 future. "This is going to hurt a lot of people," Baker said. "It's one of
 those things that when you first look at it, you think: 'Wow. How can
 this be?'  In a letter to members of Congress, the Disabled American
 Veterans accused the Pentagon of "mutilating" the statutory definitions of
 combat-related disabilities as part of a "deliberate manipulation of
 the law." The January legislation was aimed at allowing troops wounded
 in combat and combat-related operations to collect disability severance
 from the military and disability compensation from the Department of
 Veterans Affairs. Disability severance is based on past service.
 Disability compensation is based on future loss of earning potential.
 Previously, veterans with combat-related disabilities received reduced monthly
 VA compensation until their severance money was recouped. That is still
 the case for those whose injuries are not deemed combat-related. Years
 ago, Congress adopted a detailed definition of combat-related
 disabilities. It included such criteria as hazardous service, conditions
 simulating war and disability caused by an "instrumentality of war." Those
 criteria were not altered in the January legislation. The Pentagon, in
 establishing an internal policy based on the legislation, in March
 unlawfully stripped those criteria from the legislation, the Disabled American
 Veterans said. "We do not view this as an oversight," Baker testified
 before Congress in June. "We view this as an intentional effort to
 conserve monetary resources at the expense of disabled veterans."

     The Pentagon changes focused on "tip of the spear" fighters, or
 those "in the line of duty in a combat zone," said Eileen Lainez, a
 Pentagon spokeswoman. They comprise "a very special, yet limited, subset of
 those who matriculate through the Disability Evaluation System," Lainez
 wrote in an e-mail response to a request for comment. In many cases,
 veterans say, they are not told why their disabilities are not
 considered combat-related. Dixon said he did not realize he had been put in a
 noncombat-related category until he began questioning his disability
 payments. It took more than six months of phone calls, letters and appeals
 -- plus help from the Disabled American Veterans and a member of
 Congress -- to overturn his designation. Navigating the Pentagon's
 bureaucracy was made more difficult because Dixon's brain injury resulted in
 short-term memory loss. He had to write everything down in notebooks and
 calendars. "It was a nightmare," Dixon said. "Most veterans don't know
 how the system works, or how to fight it. They don't realize all the
 obstacles they put in your way to keep you from getting what you deserve."
 Meshell said the military disability system was so complex that few
 veterans were equipped to navigate it. "I'm a college graduate. I'm not a
 dumb person. But honestly, I can't begin to explain some of this
 stuff," she said. After five years of active duty, a combat tour in Iraq and
 12 years in the National Guard and Reserves, she thinks she deserves
 the full disability benefits authorized by Congress for veterans injured
 in combat. "I earned them," she said. "I went to Iraq. I was in combat.
 I got injured." [Source: Los Angeles Times David Zucchino article 25
 Nov 08 ++]

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

VA SECRETARY UPDATE 07:   An Army Reserve colonel and Iraq war veteran
 could become the next secretary of Veterans’ Affairs. Anthony Brown,
 Maryland’s lieutenant governor, is getting attention because he is on
 President-elect Barack Obama’s transition team as co-chair of the group
 studying priorities for the Veterans Affairs Department — and because,
 like Obama, he is a Harvard Law School graduate. Brown had been a member
 of Veterans for Clinton, a group that supported Sen. Hillary Rodham
 Clinton (D-NY) for the Democratic presidential nomination.That he was
 named to the transition team appears to show that early support for an
 Obama rival has not worked against him. Brown also helped draft the 2008
 Democratic Party national platform last summer. Brown’s name, hotly
 circulating 21 NOV among people advising the Obama transition, comes after
 speculation had centered on two other people to take over the VA, both
 disabled veterans.
- Former Sen. Max Cleland, a 67-year-old Vietnam veteran who lost both
 legs and an arm in that conflict, served as head of the then-Veterans
 Administration during the Carter administration and campaigned hard for
 Obama in the recent election campaign.
- Tammy Duckworth, a 41-year-old Iraq war veteran who lost both legs
 when her helicopter was hit by a rocket-propelled grenade, has served as
 the head of the Illinois Department of Veterans Affairs since she lost
 a 2006 race for Congress. Duckworth, a major in the Illinois National
 Guard, has been mentioned as a possible successor to Obama’s U.S. Senate
 seat, which he resigned after being elected president.
 
Obama aides did not respond to questions about the VA nomination.
 Although there has been speculation about several cabinet posts, no formal
 announcements have been made about nominees. Brown was commissioned in
 the Army in 1984 and spent five years on active duty as a helicopter
 pilot with the 4th Combat Aviation Brigade, 3rd Infantry Division. He
 entered law school after leaving active duty. After getting his law degree,
 he spent two years as a clerk for the U.S. Court of Military Appeals.
 Brown deployed to Iraq in 2004 as part of the 353rd Civil Affairs
 Command, and since 2007 has commanded the Army Reserve’s Pennsylvania-based
 153rd Legal Support Organization. He served as a Maryland state
 delegate from 1999 until his election as the state’s lieutenant governor in
 2006. Since then, he has worked on a variety of military and veterans
 projects, serving as chairman of the Maryland Veterans Behavioral Health
 Advisory Board that oversees efforts to provide and improve direct
 mental health services to returning veterans and working to expand services
 for veterans in rural areas.“We will provide the services when they are
 not available to veterans,” Brown said in an interview with Military
 Times earlier this year about Maryland’s initiatives for returning
 veterans. When Brown and Gov. Martin O’Malley looked at what they could do
 for returning veterans, Brown said, “The glaring area is in mental
 health, … the inability of VA to care for veterans.” To those who contend
 that this is a federal responsibility, Brown said that when he looks at
 someone, he doesn’t see a federal worker or civilian worker, but a
 Maryland resident. “When they come home and take off the uniform, they are
 our neighbors,” he said. [Source: ArmyTimes Rick Maze article 23 nov 08
 ++]

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

UNAPPROVED PRESCRIPTION DRUGS:    An Associated Press analysis of
 federal data has found taxpayers have shelled out at least $200 million
 since 2004 for medications that have never been reviewed by the government
 for safety and effectiveness but are still covered under Medicaid.
 Millions of private patients are taking such drugs, as well. The
 availability of unapproved prescription drugs to the public may create a
 dangerous false sense of security. Dozens of deaths have been linked to them.
 The medications date back decades, before the Food and Drug
 Administration tightened its review of drugs in the early 1960s. The FDA says it is
 trying to squeeze them from the market, but conflicting federal laws
 allow the Medicaid health program for low-income people to pay for them.
 The AP analysis found that Medicaid paid nearly $198 million from 2004
 to 2007 for more than 100 unapproved drugs, mostly for common
 conditions such as colds and pain. Data for 2008 were not available but
 unapproved drugs still are being sold. The AP checked the medications against
 FDA databases, using agency guidelines to determine if they were
 unapproved. The FDA says there may be thousands of such drugs on the market.
 Medicaid officials acknowledge the problem, but say they need help from
 Congress to fix it. The FDA and Medicaid are part of the Health and
 Human Services Department, but the FDA has yet to compile a master list
 of unapproved drugs, and Medicaid — which may be the biggest purchaser —
 keeps paying.

     At a time when families, businesses and government are struggling
 with health care costs and 46 million people are uninsured, payments
 for questionable medications amount to an unplugged leak in the system.
 Sen. Charles Grassley (R-IA) has asked the HHS inspector general to
 investigate. That unapproved prescription drugs can be sold in the United
 States surprises even doctors and pharmacists. But the FDA estimates
 they account for 2% of all prescriptions filled by U.S. pharmacies, about
 72 million scripts a year. Private insurance plans also cover them. The
 roots of the problem go back in time, tangled in layers of legalese.
 It wasn't until 1962 that Congress ordered the FDA to review all new
 medications for effectiveness. Thousands of drugs already on the market
 were also supposed to be evaluated. But some manufacturers claimed their
 medications were "grandfathered" under earlier laws, and even under the
 1962 bill. Then, in the early 1980s, a safety scandal erupted over one
 of those medications. E-Ferol, a high potency vitamin E injection, was
 linked to serious reactions in some 100 premature babies, 40 of whom
 died. In response, the FDA started a program to weed out drugs it had
 never reviewed scientifically. Yet some medications continued to escape
 scrutiny. Sometimes, the medications do not help patients. In other
 cases, the FDA says, they have made people sicker, maybe even killed them.
 This year, for example, the FDA banned injectable versions of a gout
 drug called colchicine after receiving reports of 23 deaths.
 Investigators found the unapproved drug had a very narrow margin of safety, and
 patients easily could receive a toxic dose leading to complications such
 as organ failure.

     Critics say the FDA's case-by-case enforcement approach is not
 working. In most cases, doctors, pharmacists and patients are not aware
 the drugs are unapproved. Tackling the problem is made harder by
 confusing — and sometimes conflicting — laws, regulations and responsibilities
 that pertain to different government agencies. Medicaid officials said
 their program, which serves the poor and disabled, is allowed to pay
 for unapproved drugs until the FDA orders a specific medication off the
 market. But that can take years. Compare that with Medicare, the health
 care program for older people.  Medicare's prescription program is not
 supposed to cover unapproved drugs. Medicare has purged hundreds of
 such medications from its coverage lists, but continues to find others. It
 might be easier to sort things out if the FDA compiled a master list
 of unapproved drugs, but the agency hasn't. FDA officials say that would
 be difficult because many manufacturers do not list unapproved
 products with the agency. Yet, the AP found many that were listed — a possible
 starting point for a list. Among the drugs the AP's research
 identified were Carbofed, for colds and flu; Hylira, a dry skin ointment;
 Andehist, a decongestant, and ICAR Prenatal, a vitamin tablet. Medicaid data
 show the program paid $7.3 million for Carbofed products from 2004 to
 2007; $146,000 for Hylira; $4.8 million for Andehist products, and
 $900,000 for ICAR.

    FDA officials say they tell Medicaid and Medicare when the agency
 moves to ban an unapproved drug, so the programs can stop paying. The
 FDA began its latest crackdown on unapproved drugs two years ago and has
 taken action against nine types of medications and dozens of companies.
 Typically, the agency orders manufacturers to stop making and shipping
 drugs, and it also has seized millions of dollars' worth of
 medications. But federal law does not provide fines for selling unapproved drugs,
 and criminal prosecutions are rare. Some manufacturers of unapproved
 drugs say their products predate FDA regulation and are grandfathered
 in.  The FDA is skeptical that any drugs now being sold are entitled to
 "grandfather" status. To qualify, they would have to be identical to
 medications sold decades ago in formulation and other important aspects.
 The agency is targeting drugs linked to fraud, ones that do not work
 and, above all, those with safety risks. While the crackdown has helped,
 it does not appear to have solved the problem. The gout drug banned by
 the FDA this February is not the only recent case involving safety
 problems. Last year, the FDA banned unapproved cough medicines containing
 hydrocodone, a potent narcotic. Some had directions for medicating
 children as young as age 2, although no hydrocodone cough products have been
 shown to be safe and effective for children under 6. In a 2006 case,
 the agency received 21 reports of children younger than 2 who died after
 taking unapproved cold and allergy medications containing
 carbinoxamine, an allergy drug that also acts as a powerful sedative. Regulators
 banned all products that contained carbinoxamine in combination with other
 cold medicines. [Source: AP Ricardo Alonso-Zaldivar and Frank Bass
 article 24 Nov 08 ++]

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

COLA 2010:    With a 5.8% COLA in the bank for 2009, the Consumer Price
 Index (CPI) promptly tanked to start the new fiscal year. The October
 CPI dropped 1.3% compared to the September number - the biggest October
 decline in 61 years.  And because the September number, in turn, was
 lower than the July-to-September average that's the starting point for
 the 2010 COLA, we start the first month of the COLA year in a 1.5% hole.
 And with gas prices continuing their steep fall off into November, it
 looks like inflation will start off FY2009 in an even deeper hole than
 it did in 2007, when we ended up the year with a 2.3% COLA. [Source:
 MOAA Leg Up 21 Nov 08 ++]

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

SBP PAID UP PROVISION UPDATE 07:   Retired members who have been paying
 SBP premiums for at least 30 years (360 months) and have reached at
 least age 70 on Oct. 1, were to be considered “paid-up” and have no more
 premiums deducted from their retired pay.  NAUS and FRA have received
 many phone calls and emails from their members who believe they are
 qualified yet are still having the premiums deducted.  According to the
 Defense Finance and Accounting Service (DFAS) an appeal process is being
 developed for beneficiaries who believe they qualify for “paid up”
 status but are still having their SBP premium deducted from their retired
 pay.  DFAS has assured that any beneficiary who is qualified for “paid
 up” status and had premiums deducted from their retired pay will be
 provided a full refund.  A reason you may not be qualified is that you lost
 your spouse and your account was placed on hold status until you
 remarried.  The date you remarried is NOT the start date for resumption of
 SBP premiums.  That does not occur until one year after the new marriage.
 Also any payments you may have made for the Retired Servicemembers
 Family Protection Program (RSFPP), the program in effect prior to SBP, do
 not count towards the paid-up provision. There are several other
 instances that may affect your account.  To check on these, go to the DFAS
 Retiree Newsletter at
  http://www.dfas.mil/rna-news/october2008/paid-uprsfppandsbpupdate.html
 or call DFAS at 1-800-321-1080.  Be advised that your wait may be long
 as the phone system at DFAS has been overwhelmed lately. [Source: NAUS
 Weekly Update 21 Nov 08 ++]

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

AGENT ORANGE & HEART DISEASE:   Scientists studying dioxin exposure in
 humans — including Vietnam veterans exposed to Agent Orange — have
 found a correlation between the chemicals and the death rates of heart
 disease and cardiovascular disease. The research, presented in
 Environmental Health Perspectives shows that there are consistent and significant
 dose-related associations with heart disease and modest associations
 with cardiovascular disease. Researchers at the Harvard School of Public
 Health and the Environmental Protection Agency said they realized that
 most dioxin studies had centered on cancer rates, but no one had
 produced a review of research about cardiovascular disease. “Future studies in
 both animals and humans should assess whether cardiovascular effects
 are present at environmentally relevant doses,” the authors wrote.
 Environmental Health Perspectives’ editor, Hugh Tilson, said the report is
 of interest because cardiovascular disease is a leading cause of death
 in many countries, and dioxin exposure can be prevented. [Source:
 NavyTimes Kelly Kennedy article 21 Nov 08 ++]

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

VA FRAUD UPDATE 15:    A Veterans Administration employee and 13 other
 people have been charged with conspiring to steal nearly $2 million in
 disability claims. All but one of the defendants is a veteran. Each is
 charged with conspiracy to defraud, as well as paying or receiving
 bribes, and some with money laundering. They are scheduled to appear Dec.
 16 for arraignment in U.S. District Court in Louisville. Veterans
 Affairs service Representative Jeffrey Allan McGill and Daniel Ryan Parker, a
 veteran and officer with the Disabled American Veterans, were among
 the 14 charged 18 NOV by a federal grand jury with conspiring to defraud
 the U.S. of $1.9 million through the submission of false veterans’
 disability claims to the Department of Veterans Affairs. The indictment
 outlines an alleged scheme for veterans to falsely claim to have suffered
 from bipolar disorder, hearing loss, frostbite, back injuries and other
 ailments and disabilities. The indictment says veterans received
 lump-sum payments for back pay and then kick backed as much as two-thirds of
 it to Parker and McGill.

     If convicted on all charges, Parker could be sentenced to up to 90
 years and fined $2.25 million; McGill, who lives in La Grange, could
 be imprisoned for 70 years and fined $1.75 million. “They’re all
 veterans,” U.S. Attorney David Huber said at a news conference 20 NOV. “That’s
 what’s sad about all of this.” Parker, 37, of Crestwood, is free on
 $25,000 bond. He is also charged with stealing $47,000 from Disabled
 American Veterans. His attorney, Brian Butler of Louisville, said his
 client plans to plead not guilty. “We’ve been aware of the investigation for
 months and have cooperated with investigators,” Butler said. Huber
 said the remaining defendants, who live in Kentucky, Illinois and West
 Virginia, would voluntarily surrender at arraignment. Huber said Parker
 and McGill received between $500,000 and $600,000 in kickbacks, with the
 rest of the stolen money being split among the participants.

     According to the indictment, starting in 2003 and continuing until
 this month, Parker and McGill recruited friends, relatives and
 acquaintances who were military veterans to file fraudulent claims with the
 VA. Parker and McGill then allegedly either altered the veterans’ medical
 records, or created counterfeit medical records, to give the
 appearance that the veterans had service related disabilities. That resulted in
 the veterans receiving 100% disability for problems such as depression
 or cancer due to Agent Orange exposure during combat in Vietnam,
 according to the indictment. Huber said the case came to light after a tip
 from a confidential source. He declined to discuss how the source knew
 about the alleged plot. “But for that confidential source, this case may
 not have been known for some time, if at all,” Huber said. Michael
 Keen, the resident agent in charge for the Department of Veterans Affairs
 in Louisville, said the scheme could hurt veterans who needed the funds
 allegedly purloined. “Obviously, the Department of Veterans Affairs
 doesn’t have a bottomless pit of money,” Keen said. Huber said prosecutors
 will try to recoup the money taken during the scheme. [Source:
 NavyTimes AP Brett Barrouquere article 20 Nov 08 ++]

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

SBP LAWSUIT UPDATE 04:   The government is appealing a recent decision
 by the U.S. Court of Federal Claims that found DoD unlawfully had
 withheld $150,000 combined in survivor benefit payments from three military
 widows. If the claims court decision stands — as advocates for the
 widows think it will — DoD would be forced to restore full Survivor
 Benefits Plan (SBP) payments worth millions of dollars to several hundred
 surviving spouses. The surviving spouses with a stake in the outcome all
 remarried after age 57, which made them eligible, under the Veterans
 Benefits Act of 2003 [Public Law 108-183] to have their Dependency and
 Indemnity Compensation (DIC) restored by the VA. But the widows argued
 successfully to the claims court that the same law did something more; it
 exempted them from the dreaded dollar-for-dollar reduction in SBP
 payments that occurs if they also elect to receive DIC. The widows contend
 that Congress made them the first group of surviving spouses eligible for
 “concurrent receipt” of DIC and SBP, thus taking a first step five
 years ago toward eventually eliminating the DIC-SBP offset for up to
 44,000 surviving spouses. At the claims court last June, Judge George W.
 Miller ruled that the facts and the law support the widows’ argument that
 the 2003 law “partially repealed” the SBP-DIC offset, targeting widows
 eligible who remarry after age 57. Here is some background to
 understand the ruling.

• Under SBP, military retirees forfeit a monthly premium so that, if
 they die first, their surviving spouse, or a dependent child, will
 continue to receive up to 55 percent of their retired pay as an SBP annuity.
 Some of these same survivors also qualify for DIC — monthly
 compensation from the VA payable to surviving spouse if a servicemember dies while
 on active duty or a military retiree dies of a service-related
 disability.
•  The long-time hitch for surviving spouses eligible for both SBP and
 DIC is that to elect to draw tax-free DIC, they must agree to have
 their SBP reduced by an equal amount. The basic DIC rate is $1,091 a month,
 with more added for each dependent child. Accepting DIC suspends SBP
 entirely for many widows.
• Before Dec. 16, 2003, eligibility for DIC ended when a surviving
 spouse remarried. The Veterans Benefits Act of 2003 modified that rule,
 allowing DIC to continue or to be restored from that date forward, if the
 remarriage occurred when a surviving spouse was age 57 or older. This
 change made more than 12,000 widows eligible again for DIC — if they
 knew to apply for it.
• Advocates for military widows said the 2003 law intentionally was
 worded so that widows who remarried after age 57 would be the first to
 receive both SBP and DIC. But DoD pay officials and lawyers interpreted
 the law so that all surviving spouses continued to have their SBP reduced
 or wiped out by their restored DIC.
• In July 2007, three widows, backed by the Gold Star Wives of America,
 filed their claims court lawsuit. In June, Judge Miller ruled in their
 favor, saying Patricia R. Sharp, remarried widow of an Army brigadier
 general, was owed nearly $74,000; Margaret M. Haverkamp, remarried
 widow of a retired Army lieutenant colonel, was owed $46,300; and Iva Dean
 Rogers, remarried widow of an Army master sergeant, was owed nearly
 $32,400.
• Government attorneys have said they will appeal that decision. Their
 appeal brief is due to the U.S. Court of Appeals for the Federal
 District by Nov. 21. They will argue anew that Congress didn’t intend, in
 passing the 2003 law, to allow concurrent receipt of SBP and DIC for such
 a narrow class of surviving spouses, those who remarry after age 57.
 Even if Congress had that intention, they will argue, the law is written
 too ambiguously to allow concurrent receipt.

Michael R. Franzinger, a lawyer representing the widows, says he is
 confident the appeals court will uphold Miller’s 25-page opinion, which
 persuasively details how Congress intended the law to be interpreted: to
 shield these remarried widows from any reduction in SBP when their DIC
 was restored. Indeed, this columnist confirmed this intention of
 members and staff of the House Veterans’ Affairs Committee in JAN 04. Rep.
 Henry E. Brown Jr. (R-S.C.), then chair of the personnel subcommittee,
 says: “We put a special paragraph in there to, basically, get [DoD] to do
 that. This was to get the camel’s nose under the tent, sort of like we
 did with concurrent receipt” for disabled retirees. Judge Miller
 referred to Brown’s quote in his opinion, though he relied on legal
 arguments for his actual opinion.  “They’ll wait until we die,” says
 83-year-old Rogers, with a laugh, when told it could take another year to get a
 final decision on the government’s appeal. “I believe it will eventually
 come through. My husband fought in three wars, and he was confident I
 would be taken care of. … I’m not going to give up.” Franzinger said
 the government won’t restore any of the disputed SBP payments until its
 appeal is exhausted. But it likely will have to pay the widows interest
 back to the June date of Miller’s original ruling. [Spouce: MOAA News
 Exchange Tom Philpott article 5 Nov 08 ++]

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

CRDP UPDATE 45:    The concurrent retirement and disability pay (CRDP)
 retro payments being paid to retirees rated with “individual
 unemployability” (IU) by the VA are taxable in the year received. CRDP always has
 been taxable income, as it is a restoration of taxable military
 retired pay. According to the Internal Revenue Service (IRS), income is
 considered taxable in the year it is received. This is the case even though
 the retro payment is to make you whole from an earlier time. Many have
 asked about the ability to file an amended tax return. It is not an
 option. Amended returns are for correcting a past mistake, or for when you
 paid taxes in the past that you didn’t need to pay. The CRDP retro
 payments for IU don’t apply to either of these situations because you were
 paid in accordance with the laws and policies at those times. The laws
 changed in 2008 to make things different, so the payment is considered
 a current year income payment.  [Source: MOAA News Exchange 18 Nov 08
 ++]

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

USAF RETURN TO ACTIVE DUTY:   The Air Force is re-invigorating its
 Voluntary Return to Active Duty programs. Currently, the Air Force is
 attempting to measure how much interest there is in individuals returning to
 active duty.  If returning to active duty is viable, some rated
 officers may be given the opportunity to voluntarily return to active duty
 for a limited time, with some serving until they qualify for military
 retirement. Interested individuals can e-mail
 afpc.recall.ops@randolph.af.mil  and provide the following information:
 full name, date of birth, highest rank held, date of
 separation/retirement date, reserve status, aircraft flown, contact e-mail, home
 address, phone number, and brief comments/concerns. Once the Air Force
 determines program viability, applicable recall program information, which
 includes application procedures, will be posted on the the Air Force
 Personnel Center's "Ask" Web. Expected timeline: Solicit interested parties
 starting 15 OCT 08, and start first return to active duty by 1 JAN 09.
 Return to Active Duty programs consist of:

1) The Voluntary Permanent Rated Recall Program brings rated officers
 back on active-duty status to serve until they are eligible for
 retirement. Officers brought back in this program will be eligible for active
 component promotion boards, and will PCS and/or deploy in accordance
 with current policies.
2) The Voluntary Permanent Non-Rated Recall Program brings non-rated
 officers back on active-duty status to serve until they are eligible for
 retirement. Officers brought back in this program will be eligible for
 active component promotion boards and will PCS and/or deploy in
 accordance with current policies.
3) The Limited Period Recall Program brings officers back to serve at
 particular units and locations for a specific period of time. Officers
 brought back under this program are not authorized to PCS; they will not
 meet active component promotion boards and will deploy under special
 conditions. Officers in this program are authorized to meet the Air
 Force Reserve Command's promotion boards.
4) The Retired Aviator Recall Program returns retirees to active duty
 in the rank last held to fill rated staff positions for a pre-determined
 period of service. They do not meet active duty promotion boards, are
 not eligible for aviation career pay and do not deploy unless they
 volunteer.
[Source:
 http://www.afpc.randolph.af.mil/library/voluntaryreturntoactiveduty.asp
 Nov 08 ++]

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

FDA SCAM:   The U.S. Food and Drug Administration is warning consumers
 about a scheme to extort money by callers who falsely identify
 themselves as FDA officials. The agency has received several reports of calls
 to entice consumers to purchase discounted prescription drugs by wiring
 funds to a location in the Dominican Republic. No medications are ever
 delivered, but an "FDA special agent" calls to say that a fine of
 several thousand dollars must be sent to an address in the Dominican
 Republic to prevent imprisonment or other legal action. The FDA suspects that
 the scheme began with the theft of personal information from consumers
 who previously purchased drugs through the Internet or by telephone or
 who were victims of credit card fraud. Complaints or other information
 about this scheme should be reported to the FDA Office of Criminal
 Investigations at (800) 521-5783. [Source:  Consumer Health Digest #08-47
 18 Nov 08 ++]

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

VA CLAIM SHREDDING UPDATE 02:    House Veterans’ Affairs Committee
 Chairman Bob Filner (D-CA) released this statement following the roundtable
 discussion 19 NOV on the shredding of veterans’ documents by the VA:

"Today’s roundtable revealed a number of shortcomings within the VA
 that are hardly new and most definitely failing our nation’s veterans. I
 am encouraged that the VA came forward and revealed that important
 documents were slated for the shredding bin.  "I remain angry that a culture
 of dishonesty has led to increased mistrust of the VA within the
 veteran community.  A systemic lack of integrity seems pervasive and that is
 a shame. First, I am not convinced that only 500 documents were saved
 from the shredding bin.  This is merely a snapshot in time.  The VA was
 unable to convince me that more documents have not been shredded in
 the past and I honestly do not know how many records have been destroyed
 and how many files lost over the past decades. Second, we have heard
 promises from the VA before.  We have heard that the claims process will
 go paperless.  Training will be improved.  VA’s latest promise is that
 veterans can submit statements containing information that will be used
 in the adjudication process in lieu of documents missing from their
 files.  While this is an important step forward, I am skeptical that this
 new step will become part of the claims process. Additionally, the
 VA’s outreach has been limited to a reliance on media reports and a
 message on the VA website.  The VA did not report a systematic way of
 reaching out to veterans to alert them of new policies that may have huge
 implications in their claims going forward. Finally, Congress has routinely
 asked VA what it needs to adequately care for veterans and the
 response has been that it is adequately poised.  This is clearly not adequate
 care for our veterans. Listen, this is a long-term systemic problem
 that will require uncomfortable changes, long hours, unprecedented
 cooperation, extraordinary progress, and a new system of independent
 oversight.  Clearly, the current system of self-reporting and internal
 regulation is ineffective.  Congress must hold the VA accountable for a job NOT
 WELL DONE.  A complete paradigm shift is necessary and I look forward
 to working with new leadership to correct the problems plaguing the
 benefits claims system.  I am pleased that veterans have begun to work on
 transition issues in the impending Obama Administration.  I plan to work
 with veterans service organizations, veterans, and the VA to
 fundamentally change the way that the Veterans Benefits Administration conducts
 business."

     At the conference doubts were raised about whether the Bush
 administration can do anything to restore confidence in the Veterans Affairs
 Department following the discovery last month of key benefits claims
 documents in shredding bins at regional offices. But the problem,
 initially discovered by teams of auditors from the VA inspector general’s
 office, didn’t exactly shock the veterans’ community. Veterans have
 complained for decades about VA losing or destroying claims documents, making
 an already complicated process even more difficult to deal with.
 Veterans’ advocates attending a roundtable discussion arranged by the House
 Veterans Affairs Committee said VA’s admission of mishandling documents
 is a sign of the fundamental problems that veterans have seen for
 years. Rick Weidman, executive director for government affairs of Vietnam
 Veterans of America, said the only real news is that VA now acknowledged
 the problem. “Shredding is not the issue,” he said, calling instead for
 focus on “the integrity of the process.”Rep. Harry Mitchell, D-Ariz.,
 said he is worried that leaving key documents to be shredded is a sign
 of a larger workload problem and pressure to meet production quotas.
 Mitchell said it has led him to wonder whether VA officials have been
 completely honest when they said they had all of the resources they needed
 to handle claims. Retired Vice Adm. Patrick Dunne, VA’s undersecretary
 for benefits, said the problem reflects poor document handling
 procedures, not an effort to prevent veterans from getting what is due them.
 The ultimate answer, he said, is a completely electronic filing system
 in which key records are scanned into a computer — although a paperless
 claims processing system won’t be available before 2010.

     A short-term solution, which might not be fully in place before
 President-elect Barack Obama takes office in January, sets new document
 management procedures for every VA regional office — including
 establishing records management officers and requiring two people to review any
 document before shredding. Rep. Bob Filner  said the fact that a review
 found 41 of the 57 VA regional offices had crucial documents in
 shredding bins is an “intolerable situation.” “These actions completely
 shatter confidence in the whole VA system,” Filner said. “This episode has
 further strengthened my belief that we need to have accountability in
 [VA] and leadership that demands accountability. These incidents and
 mistakes, all occurring to the detriment of our veterans and never to their
 benefit, remind me more of the Keystone Cops than a supportive
 organization dedicated to taking care of our veterans.” The VA has announced
 special procedures for veterans who believe lost records have led to the
 denial or delay of a benefits claim. [Source: AirForceTimes Rick Maze
 article 19 Nov 08 ++]

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

VA CLAIM SHREDDING UPDATE 03:    The Department of Veterans Affairs
 (VA)  announced 17 NOV special procedures for processing claims from
 veterans, family members, and survivors whose applications for financial
 benefits from VA may have been mishandled by VA personnel.  These special
 procedures come after an audit by VA’s Inspector General found
 documents waiting to be shredded at some of VA’s regional offices that, if
 disposed of, could have affected the financial benefits awarded to veterans
 and survivors. “I am deeply concerned that improper actions by a few
 VA employees could have caused any veterans to receive less than their
 full entitlement to benefits earned by their service to our nation,”
 said Secretary of Veterans Affairs Dr. James B. Peake. “In rectifying this
 unacceptable lapse, VA will be guided by two principles – full
 accountability for VA staff and ensuring veterans receive the benefit of the
 doubt if receipt of a document by VA is in question,” he added. VA
 worked with the six largest veterans’ service organizations in developing
 these special new procedures.  The procedures will assist veterans and
 survivors in establishing that an application or another document was
 previously submitted to VA, but was not properly acted upon by VA and was
 not retained in the veteran’s records. The special procedures cover
 missing documents submitted by a veteran or other applicant for VA
 benefits during the 18-month period between 14 APR 07 and 14 OCT 08. VA will
 process any missing applications or evidence resubmitted under these
 special procedures as if the document had been originally submitted on the
 date identified by the claimant.

      Veterans and other applicants have one year, or until 17 NOV 09,
 to file previously submitted documents under these special procedures.
 Veterans not covered by these special rules who believe relevant
 material is missing from their files can submit additional documentation at
 any time.  An award of benefits earlier than 14 APR 07, may be
 established if there is credible corroborating evidence supporting an earlier
 date of document submission. When this problem of mishandled documents
 was uncovered on 14 OCT 08, VA immediately ceased all shredding
 activities while it established tighter controls over all claims documents and
 conducted special training for all employees who process veterans’
 applications. All regional office shredding equipment and operations are now
 under the strict control of the facility records management officer.
  Every employee has been given a separate receptacle for papers
 appropriate for shredding.  These receptacles are subject to review by
 supervisors and other officials. Before any claims document can be shredded
 now, it must now be reviewed by two people and the facility records
 management officer. VA’s Inspector General is continuing to investigate a
 small number of cases where inappropriate shredding may be traceable to a
 specific employee.  Legal and disciplinary action will be initiated to
 hold accountable any employee who has acted improperly. Veterans and
 others who are concerned about missing documents and want more
 information on the special processing procedures may call 1-800-827-1000 for
 assistance or go to http://www.vba.va.gov/VBA/specialprocedures_qa.asp .
 They may also send an e-mail inquiry through IRIS@va.gov or visit their
 local VA regional office. VA representatives will review VA’s record
 systems to verify receipt of applications and supporting evidence and will
 assist anyone desiring to file a claim under the special processing
 procedures for missing documents.  [Source: News Release 17 Nov 08 ++]

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

GULF WAR SYNDROME UPDATE 05:    Gulf War syndrome is real and afflicts
 about 25% of the 700,000 U.S. troops who served in the 1991 conflict, a
 U.S. report said 17 NOV. The report broke with most earlier studies
 acknowledging  two chemical exposures consistently associated with the
 disorder -- one to the drug pyridostigmine bromide given to soldiers to
 protect against nerve gas and the other used (often overused) to protect
 against desert pests -- were cited as causes in the congressionally
 mandated report. "The extensive body of scientific research now available
 consistently indicates that Gulf War illness is real, that it is a
 result of neurotoxic exposures during Gulf War deployment, and that few
 veterans have recovered or substantially improved with time," according
 to the 450-page report presented to Secretary of Veterans Affairs James
 Peake. The report bolstered the hopes of thousands of U.S. and allied
 veterans who have struggled to have their varied neurological symptoms,
 including memory loss, concentration problems, rashes and widespread
 pain, recognized by the government. The government for years maintained
 that the symptoms manifested were because of stress or other unknown
 causes. The panel of scientists and veterans also called upon Congress to
 appropriate $60 million annually to conduct research into finding a
 cure for the disorder calling it a 'national obligation. The report, which
 went to Veterans Affairs Secretary James Peake on the 17th, said, "The
 Defense Department cut research money from $30 million in 2001 to less
 than $5 million in 2006. Both agencies have identified some of their
 research as Gulf War research even when it did not entirely focus on the
 issue. Substantial federal Gulf War research funding has been used for
 studies that have little or no relevance to the health of Gulf War
 veterans,' the panel concluded."

     The new report
 http://sph.bu.edu/insider/index.php?%20option=com_content&task=view&id=1579&Itemid=150
 is the product of the Research Advisory Committee on Gulf War Veterans'
 Illnesses (RAC-GWVI), which was chartered by Congress because many
 members thought that veterans were not receiving adequate care. On the
 15-member committee appointed in 2002, scientists made up about two-thirds
 and the rest were veterans. Some scientists were not convinced that
 the new report had found the long-sought smoking gun. "Even though we
 know that the DoD did ship pesticides, it doesn't mean that the people who
 were exposed to them were the ones who ended up having symptoms," said
 Dr. Lynn Goldman, a professor of environmental health sciences at
 Johns Hopkins University in Baltimore who has worked on previous reports on
 the illness. "We felt that there needed to be better records of where
 people were, what they were exposed to and their prior health status
 going in." Several reports had already been issued by the prestigious
 Institute of Medicine, an arm of the National Academy of Sciences, blaming
 stress and other unknown causes for the soldiers' symptoms. There's
 something about going to the Gulf and serving in the Gulf that has caused
 something bad and persistent and real, but we have not found any
 evidence for a specific cause," said Dr. Harold C. Sox, chairman of a 2000
 institute study and editor of the journal Annals of Internal Medicine.
 Veterans blame the institute's reports for the difficulties they've
 faced in getting treatment for their problems.

     According to RAC-GWVI, at least 64 pesticides containing 37 active
 ingredients were used during the war. They were sprayed not only
 around living and dining areas, but also on tents and uniforms, White said.
 There was less evidence to support a link to the U.S. demolition of
 Iraqi munitions near Khamisiyah, which may have exposed about 100,000
 troops to nerve gases stored at the facility, according to the panel. The
 panel said it could not rule out a link between the illness and exposure
 to oil well fires and multiple vaccinations. But it could find no
 evidence linking it to depleted uranium shells, anthrax vaccine and
 infectious diseases. In addition to increased rates of memory loss, fatigue
 and pain, Gulf War veterans have higher rates of brain cancer and
 amyotrophic lateral sclerosis, or Lou Gehrig's disease, the panel also noted.
 "The tragedy here is that there are currently no treatments," said
 panel chair James H. Binns, a former deputy assistant secretary of defense
 and a Vietnam veteran. "The tragedy here is that there are currently no
 treatments," said the panel's chairman, James H. Binns, a former
 principal deputy assistant secretary of Defense and a Vietnam veteran. Binns
 emphasized that the report was not written to yield recriminations
 about past actions. "The importance . . . lies in what is done with it in
 the future," he said. "It's a blueprint for the new administration."
 [Source:  Los Angeles Times article 18 Nov 08 ++]

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

GULF WAR SYNDROME UPDATE 06:    On 26 NOV Dr. Michael E. Kilpatrick,
 deputy director of health affairs for force health protection and
 readiness said that DoD continues to work with the VA to resolve veterans'
 health issues, including maladies associated with the Gulf War,  "We work
 very closely with the VA for those who've separated from military
 service. We find that the No. 1 disability that veterans have is problems
 with muscles, bones and joints, ankles, knees and lower back . These
 types of ailments also surface as the top health issues cited by
 active-duty troops at sick call. So, there's a relationship between service and
 those kinds of wear-and-tear joint problems,"Kilpatrick said Of the
 nearly 700,000 U.S. military members involved in the 1990-1991 Gulf War
 about 120,000 servicemembers returning from deployment in the Middle East
 reported a multitude of symptoms, including depression, tiredness,
 muscle and joint aches and pains, memory loss, headaches, and rashes.
 Servicemembers suffering from one or a combination of these maladies would
 later be said to have Gulf War Illness. While 80% of those 120,000
 veterans received a medical assessment and treatment for their ailments,
 about 24,000 veterans with Gulf War Illness-related symptoms remain
 undiagnosed, said Kilpatrick, a former Navy physician who commanded an
 Army/Navy infectious disease research unit during the Gulf War.

     A congressionally-mandated report titled "Gulf War Illness and the
 Health of Gulf War Veterans" was released 17 NOV and presented to
 Veterans Affairs Secretary Dr. James Peake. The 400-plus-page report says
 Gulf War Illness is a genuine medical condition. The report also notes
 that pyridostigmine bromide pills taken by some servicemembers in
 theater as a prophylactic against nerve agents and the use of pesticides to
 ward off desert insects are possible causes of Gulf War Illness.
 Kilpatrick said he disagrees with the report's findings regarding causes of
 Gulf War Illness, especially the alleged role played by anti-nerve agent
 pills and pesticides. Previous tests had determined that the pills were
 safe for consumption by servicemembers, he said, and there's no
 medical evidence that pesticide use was responsible for Gulf War
 Illness-related maladies. Other reports conducted on Gulf War Illness over the
 years, he noted, failed to substantiate its existence or couldn't provide
 medical evidence of possible causes. Unlike today, the U.S. military did
 not conduct pre-deployment medical screenings of servicemembers during
 the Gulf War, Kilpatrick said. He suggested that some individuals
 reporting Gulf War Illness-related symptoms may have had pre-existing
 medical conditions before they deployed to the Gulf. "I think if you take a
 look at chronic fatigue syndrome, where people are extremely tired even
 after a good night's sleep; they're lethargic, they may have some
 short-term memory loss, some muscle pain in joints," Kilpatrick said.
 "That's part of that syndrome." Gulf War Illness isn't a mystery, Kilpatrick
 said, but it is "something we don't understand, and we need to do more
 work." [Source: AFPS Gerry J. Gilmore article 26 Nov 08 ++]

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

WRAMC UPDATE 13:    The American Red Cross is sponsoring a national
 "Holiday Mail for Heroes" campaign to receive and distribute holiday cards
 to servicemembers and veterans both in the United States and abroad.
 Holiday Mail for Heroes, which began Veterans Day, is a follow-up to the
 2007 effort that resulted in the collection and distribution of more
 than 600,000 cards to hospitalized servicemembers. This year's program
 will expand its reach to not only wounded servicemembers but also
 veterans and their families. The goal is to collect and distribute 1 million
 pieces of holiday mail.  There have been some inquirers concerning an
 e-mail going around asking we send Christmas cards to Walter Reed
 addressed to “Recovering American Soldier”.  However, they are participating
 in the Red Cross "Holiday Mail for Heroes" effort to get cards to
 Soldiers and Veterans. Holiday cards should be mailed to: Holiday Mail for
 Heroes, P.O. Box 5456, Capitol Heights, MD. 20791-5456. All cards must
 be postmarked no later than 10 DEC. Cards should not be mailed or
 delivered to Walter Reed Army Medical Center. For more information refer to
 www.wramc.amedd.army.mil or www.redcross.org/holidaymail for Holiday
 Mail for Heroes program guidelines.  Walter Reed is not accepting mail
 addressed to "A Recovering American Soldier." [Source:  Office of the
 Secretary of Vet Affairs VSO Liaison Kevin Secor note 18 Nov 08 ++]

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

TRS UPDATE 10:    Effective 1 JAN 09, Tricare will reduce the rates for
 Tricare Reserve Select (TRS). Monthly premiums for TRS individual
 coverage will drop 44% from $81.00 to $47.51, and TRS family coverage will
 drop 29% from $253.00 to $180.17. The 2009 National Defense
 Authorization Act (NDAA), section 704, required Tricare to analyze Reserve Select
 costs from 2006 and 2007, and set new rates for 2009. “Now that TRS has
 been in place for several years, we were able to calculate premiums
 for 2009 from actual cost data obtained in earlier years,” said Army Maj.
 Gen. Elder Granger, deputy director of Tricare Management Activity.
 “It is important to provide high quality and affordable healthcare
 coverage for our National Guard and Reserve families.” Established in 2005,
 TRS is a premium-based health plan for National Guard and Reserve
 personnel available for purchase by members of the Selected Reserve who are
 not eligible for or enrolled in Federal Employee Health Benefit plans.
 TRS provides a health plan option to members of the Selected Reserve and
 their families when they are not on active duty status. The TRS plan
 delivers coverage similar to Tricare Standard and Extra to eligible
 members who purchase the coverage and pay monthly premiums. TRS also
 features continuously open enrollment. For more information about TRS refer
 to the Tricare Web site at http://www.tricare.mil.  [Source: Tricare
 News Release No. 08-114 dtd 19 Nov 08 ++]

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

VA CATEGORY 8 CARE UPDATE 08:    A key lawmaker is urging
 President-elect Barack Obama to move slowly and cautiously on his pledge to grant
 all veterans medical attention at Veterans Affairs Department facilities,
 or else risk clogging they system and harming quality. Obama said
 repeatedly during the campaign that one of his first acts as president
 would be to sign an executive order permitting veterans with
 non-service-related disabilities to seek medical care within the VA system. These
 so-called “Priority Group 8” veterans make up the lion’s share of living
 American veterans. Vets are designated as Priority 8 when their income
 exceeds a pre-set threshold, which varies from county to county based on
 the level of affluence in a given location. They are the most affluent
 category of vets, but some earn as little as $28,430 a year. Until
 2003, these veterans were permitted to seek treatment at VA health
 facilities, but the department announced a freeze on new Priority 8
 enrollments that year to alleviate a 300,000-plus patient backlog and quell a
 funding crisis. Chet Edwards, chairman of the House Appropriations
 Military Construction, Veterans’ Affairs and Related Agencies Subcommittee,
 says that he will fight to fund VA health care for Priority 8 veterans
 but that he wishes to do so at a gradual pace. “Even if we had unlimited
 dollars, it would take time to hire all the doctors and nurses,” said
 Edwards, D-Texas. “We don’t want to double, triple, quadruple the wait
 times. I would urge the administration to maintain the goal but spread
 it out equally.”

     This approach would involve continuing to raise the Priority 8
 income threshold over a number of years to gradually include more and more
 veterans. Congress authorized $375 million in the fiscal 2009 Military
 Construction and Veterans Affairs spending measure (PL 110-329) to
 raise the Priority 8 income threshold and bring more of these veterans
 into health-care-eligible categories. But it is unlikely that the amount
 appropriated will do much to move the threshold to a significantly
 higher income level, according to a Senate Veterans’ Affairs Committee aide.
 So far, the Obama presidential transition team has declined to
 disclose details on the implementation of his campaign promise, but it is
 certain to be expensive, however the new administration decides to do it.
 If Obama orders a plan to gradually raise the threshold to eventually
 cover all veterans, it would require Congress to continue to increase
 record funding for the VA year after year. Aides note that if he wants to
 make all Priority 8 veterans eligible at the same time, it would likely
 require an emergency supplemental spending bill that would total
 billions of dollars. With Congress already providing $700 billion to help
 bail out failing banks and other businesses, the government’s capacity to
 provide another supplemental spending measure is questionable.

     Obama will have plenty of backers on Capitol Hill for his VA
 medical coverage plans. Rep. Bob Filner, chairman of the House Veterans’
 Affairs Committee, contends that there are actions Congress can take to
 bring all Priority 8 veterans into the VA health care system at once. For
 example, the VA currently has an inefficient system for recouping
 money from private health insurance companies when covered veterans go to
 the VA for treatment, said Filner (D-CA). Installing more effective
 tracking technology would reward the VA with billions of dollars, he added.
 “I have talked to people who have systems to do this, and they are
 telling me about several billion dollars, easy,” Filner said. “I have seen
 $3 billion or $4 billion estimated.” Filner also said Medicare should
 reimburse the department when Medicare-eligible veterans get treatment
 at the VA. “We are saving them money,” he said. Sen. Patty Murra
 (D-WA), a potential chairwoman of the Veterans’ Affairs Committee in the
 111th Congress and a member of the Military Construction and Veterans’
 Affairs Appropriations Subcommittee, is also a strong proponent of giving
 Priority 8 veterans full VA health care eligibility. “While the VA
 health care system certainly has its share of problems, closing its doors to
 thousands of veterans who have served us is not the answer to fixing
 them,” Murray said. “That means expanding access, but it also means
 providing the funding and resources to hire doctors and staff, invest in VA
 infrastructure, do research, and decrease the wait on benefit claims.
 We make a promise to all veterans when they sign up to serve that,
 regardless of their future income or health needs, they will receive VA
 medical care.”

     Like Edwards, veterans’ advocacy groups favor a more gradual
 approach. Their main concern is that opening up the VA’s health facilities
 to at least 400,000 new patients could put the VA on the same faulty
 financial footing that plagued the department before 2003. They also say
 it is not just a matter of securing funding; they say the VA would need
 time to put the money to use by hiring new doctors and clinical
 staffers, building and leasing new facilities, and procuring new equipment.
 “If he just opens the gates wide open and says everyone is eligible now
 to enroll for VA health care, then we would find ourselves back in that
 same situation again,” said Joseph Violante, national legislative
 director for Disabled American Veterans. "While the VA has gotten nice
 budgets the last two years, it will not be in a position to care for a large
 influx of new veterans,” Violante said. “We would wind up getting
 rationed care for all the veterans that are in the system, including the
 service-connected disabled.” Rationed care is a large concern at a time
 when thousands of service members are returning home from Iraq and
 Afghanistan with severe injuries. “We are concerned that adding more
 veterans into the system may take away priority for the service-connected
 wounded, especially the most severe service-connected,” said Bob Wallace,
 executive director at Veterans of Foreign Wars. “They need to be taken
 care of before anybody else.” [Source: CQ  Veterans' Affairs Matthew M.
 Johnson article 18 Nov 08 ++]

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

CENSUS BUREAU JOB RECRUITING:    Conducting the census is a huge
 undertaking. Thousands of census takers are needed to update address lists
 and conduct interviews with community residents. Most positions require a
 valid driver's license and use of a vehicle. However, public
 transportation may be authorized in certain areas. The Bureau is recruiting
 temporary part-time census takers for the 2010 Census. The hours are
 flexible, and the work is close to home. Census takers receive competitive
 pay on a weekly basis. In addition, you will be reimbursed for authorized
 mileage and related expenses. Census taker jobs are excellent for
 retirees, college students, persons who want to work part-time, persons who
 are between jobs, or just about anyone who wants to earn extra money
 while performing an important service for their community.  To apply
 call the Jobs line at 1-866-861-2010 and schedule an appointment to take
 the employment test. TTY users should call the Federal Relay Service at
 1-800-877-8339. Or, got to
 http://www.census.gov/2010censusjobs/howtoapply.php and use their
 interactive map to find the local phone number of the Census office nearest
 you. Applications can be completed online and downloaded using the
 Documents section the website. Bring your completed application and I-9
 Form to your scheduled testing session. Applicants will be hired from
 almost every community and are selected based on the hiring needs of each
 particular area. Qualified applicants are contacted to work as Census
 jobs become available. Most hiring will take place FEB through MAY 09.
  In addition to applying to be a census taker there are other jobs
 available in Regional Offices that you can apply for: Go to
 http://www.census.gov/field/www  and click on the map to visit one of
 the 12 regional offices for details on available positions and salaries.
 For additional info go to www.census.gov/2010census and click on JOBS.
 [Source: www.census.gov/2010census/ Nov 08 ++]

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

GI BILL UPDATE 31:   Anticipating a tidal wave of GI Bill claims next
 summer when a new full-tuition benefits plan takes effect, the
 Department of Veterans Affairs plans to hire 400 people for its regional offices
 in a push that will begin1 DEC and have new staff on board to begin
 training by 1 MAR. The Post-9/11 GI Bill, which takes effect 1 AUG 09, is
 so generous compared to existing benefits that VA officials are
 preparing to deal with an estimated 526,000 benefits claims next year, said
 Keith Wilson, director of VA’s education service. Testifying before a
 House subcommittee that is concerned about whether VA will be ready,
 Wilson said initial plans to use a completely automated claims process have
 not worked out and that most claims will be manually processed, with
 help from a computer program to help make sure all necessary information
 is available. He described manual claims processing as a “throwaway”
 solution that would be abandoned as soon as an automated system is
 ready. He expects that to take up to two years more. Wilson did not say what
 would happen to the 400 new hires after the automated system is
 available, but members of the House Veterans’ Affairs Committee — who have
 been monitoring startup problems — said they expect the claims workers
 would be transferred to other duties, because VA also has a large backlog
 of disability benefits claims that need to be tackled.

     Implementing the Post-9/11 GI Bill is more complicated than
 processing claims for current educational benefits because the programs have
 major differences, including who gets paid. The new program will send
 tuition checks directly to schools, while the student will receive a
 living stipend and book allowance. The living stipend will be based on
 housing costs in the ZIP codes where the schools are located. Benefits
 will cover the full cost of tuition and fees for a four-year-public
 college or university, with a maximum rate set for each state. Trying to
 assure lawmakers and veterans that VA will be ready, Wilson said December
 will bring two significant signs of progress. First, he expects
 regulations spelling out the details of benefits and eligibility to be
 published by 1 DEC. Also, VA plans to begin contacting private schools to reach
 agreement on another benefit of the new GI Bill in which the
 government and private schools will cover some tuition costs that exceed the
 basic benefit limits. VA’s schedule calls for agreements with private
 schools to be completed by 15 FEB so that a full list is available by 1
 APR. “We would like veterans to have that information by spring, when they
 start to make decisions about where they will go to school,” Wilson
 said. [Source: NavyTimes Rick Maze article 18 Nov -08 ++]

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

VA MILEAGE REIMBURSEMENT UPDATE 06:   Veterans traveling to and from
 Department of Veterans Affairs medical facilities started being
 reimbursed for their travel at a higher rate effective 17 NOV. The increase,
 from 28.5 cents per mile to 41.5 cents per mile, was mandated by law this
 year, and Congress provided funding for the increase. Veterans who have
 service-connected disabilities, receive VA pensions or have low
 incomes are eligible for the reimbursement. The deductible that applies to
 certain mileage reimbursements will stay the same for now, at $7.77 for a
 one-way trip and $15.54 for a round trip, with a cap of $46.62 per
 month. On Jan. 9, these deductibles will decrease to $3 for a one-way
 trip, $6 for a round trip, with a maximum of $16 per month. [Source:
 NavyTimes Karen Jowers article 18 Nov 08 ++]

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

GIFT CARDS:   Under the current economic situation there are numerous
 retail outlets cutting back operations and/or closing stores in the
 upcoming months.  Veterans might want to take this into consideration if
 they plan to purchase Gift Cards as presents for the holiday season.
 Also, don't forget that those lifetime warranty replacements are only as
 good as the lifetime of the company that provides them, NOT your
 lifetime. There is no law preventing them from doing this. On the contrary, it
 is referred to as Bankruptcy
Planning. A partial list of announcements so far follows:

• Ann Taylor: A company spokeswoman said Ann Taylor will be closing 117
 stores nationwide  The company hasn't revealed which stores will be
 shuttered but will let the stores that will close this fiscal year know
 over the next month.
• Bombay: CLOSED
• Cache: Women's retailer Cache announced that it is closing 20 to 23
 stores this year.
• Circuit City: Has filed chapter 11 bankruptcy re-organization.
• CompUSA: CLOSED. They have clarified in their details on store
 closings that any extended warranties purchased for products through CompUSA
 will be honored by third-party provider, Assuring Solutions. Gift
 cards, rain checks, and rebates purchased prior to 12 DEC can be redeemed at
 any time during the final sale. For those who have a gadget currently
 in for service with CompUSA, the repair will be completed and the
 gadget will be returned to owners.
• DHL: Don't plan on sending those gifts via DHL. The German owned
 company, is pulling out of the US market in NOV 08 laying off 14,900 of its
 18,000 U.S. employees.
• Dillard's: Dillard's Inc. said it will continue to focus on closing
 underperforming stores, reducing expenses and improving its merchandise
 in 2008. At the company's annual shareholder meeting, CEO William
 Dillard II said the company will close another six underperforming stores
 this year.
• Disney Store: The Walt Disney Company announced it acquired about 220
 Disney Stores from subsidiaries of The Children's Place Retail Stores.
 The exact number of stores acquired will depend on negotiations with
 landlords. Those subsidiaries of The Children's Place filed for
 bankruptcy protection in late MAR. Walt Disney In the news release said it has
 also obtained the right to close about 98 Disney Stores in the U.S. The
 press release didn't list those stores.
• Eddie Bauer: Eddie Bauer has already Closed 27 shops in the first
 quarter and plans to close up to two more outlet stores by the end of the
 year.
• Ethan Allen Interiors: J.C. Penney, Lowe's and Office Depot are
 scaling back Ethan Allen Interiors: The company announced plans to close 12
 of 300+stores in an effort to cut costs.
• Foot Locker: To close 140 stores. In the company press release and
 during its conference call with analysts,, it did not specify where the
 future store closures (all planned in fiscal 2008) will be.  The company
 could not be immediately reached for comment.
• Gap Inc.: Closing 85 stores. In addition to its namesake chain, Gap
 also owns Old Navy and Banana Republic .The company said the closures
 (all planned For fiscal 2008) will be weighted toward the Gap brand.
• Home Depot: Nearly 7+ months after its chief executive said there
 were no plans to cut the number of its core retail stores, The Home Depot
 Inc. announced 13 NOV that it is shuttering 15 of them amid a slumping
 U.S. economy and Housing market.  The move will affect 1,300 employees.
 It is the first time the world's largest home improvement store chain
 has ever closed a flagship Store for performance reasons. Its shares
 rose almost 5%. The Atlanta-based company said the underperforming U.S.
 stores being closed represent less than 1% of its existing stores . They
 will be shuttered within the next two months.
• J. Jill: see Talbot’s
• KB Toys: Has posted a list of 356 stores that it is closing around
 the United States as part of its bankruptcy reorganization. To see the
 list of store closings, go to the KB Toys Information web site, and click
 on Press Information
• Lane Bryant, Fashion Bug, Catherine's: Spokeswoman Brooke Perry said
 the owner of retailers Lane Bryant, Fashion Bug, Catherine's Plus Sizes
 will close about 150 underperforming stores this year.  The company
 hasn't provided a list of specific store closures and can't say when it
 will be offered.
• Levitz: The furniture retailer is going out of business. Levitz first
 announced it was going out of business and closing all 76 of Its
 stores in DEC 08. The retailer dates back to 1910 when Richard Levitz opened
 his first furniture store in Lebanon PA. In the 1960s, the
 warehouse/showroom concept brought Levitz to the forefront of the furniture
 industry. The local Levitz closures will follow the shutdown of Bombay.
• Linens & Things: Under liquidation and closing all stores by year
 end.
• Lowe’s: Will close some stores.
• Macy's: Will close 9 stores. 
• Mervyn’s: Closing all stores
• Movie Gallery: Will close 160 stores as part of reorganization plan
 to exit bankruptcy. The video rental company plans to close 400 of 3,500
 Movie Gallery and Hollywood Video stores in addition to the 520
 locations the video rental chain closed last fall.
• Pacific Sun Wear:  Will close its 154 Demo stores after a review of
 strategic alternatives for the urban-apparel brand. Seventy-four
 underperforming Demo stores closed last May.
• Piercing Pagoda: see Zale’s
• Sharper Image: The Company recently filed for bankruptcy protection
 and announced that 90 of its 184 stores are closing. The retailer will
 still operate 94 stores to pay off debts, but 90 of these stores have
 performed poorly and also may close.
• Sprint Nextel: New Sprint Nextel CEO Dan Hesse appears to have
 inherited a company bleeding subscribers by the thousands, and will now
 officially be dropping the ax on 4,000 employees and 125 retail locations.
 Amid the loss of 639,000 postpaid customers in the fourth quarter,
 Sprint will be cutting a total of 6.7%of its work force (following the 5,000
 layoffs last year) and 8% of company-owned brick-and-mortar stores,
 while remaining mute on other rumors that it will consolidate its
 headquarters in Kansas . Sprint Nextel shares are  down $2.89, or nearly 25%,
 at the time of this writing.
• Talbot's: About a month ago, Talbot's announced that it will be
 shuttering all 78 of its kids and men's stores. Now the company says it will
 close Another 22 underperforming stores. The 22 stores will be a mix
 of Talbot's women's and J. Jill another chain it owns. The closures will
 occur this fiscal year, according to a company press release.
• Whitehall: Closing all stores
• Wickes: Wickes Furniture is going out of business and closing all of
 its stores.  Wickes, a 37-year-old retailer that targets middle-income
 customers, filed for bankruptcy protection last month.
• Wilson's the Leather Experts: Closing 158 stores
• Zale’s: The owner of Zale’s and Piercing Pagoda previously said it
 plans to close 82 stores by 31 JUL 09. Now, it announced that it is
 closing another 23 underperforming stores. The company said it's not
 providing a list of specific store closures. Of the 105 locations planned for
 closure, 50 are kiosks and 55 are stores.
[Source:  Veteran Council Florida Michael T. Isam article 18 Nov 08 ++]

===============================
 
TRICARE PHYSICIAN AVAILABILITY:    Nearly half the respondents in a
 survey of U.S. primary care physicians said that they would seriously
 consider getting out of the medical business within the next three years if
 they had an alternative, The survey, released in m id-NOV by the
 Physicians' Foundation, which promotes better doctor-patient relationships,
 sought to find the reasons for an identified exodus among family
 doctors and internists, widely known as the backbone of the health industry.
 A U.S. shortage of 35,000 to 40,000 primary care physicians by 2025 was
 predicted at last week's American Medical Association annual meeting.
 In the survey, the foundation sent questionnaires to more than 270,000
 primary care doctors and more than 50,000 specialists nationwide. Of
 the 12,000 respondents, 49% said they'd consider leaving medicine. Many
 said they are overwhelmed with their practices, not because they have
 too many patients, but because there's too much red tape generated from
 insurance companies and government agencies. And if that many physicians
 stopped practicing, that could be devastating to the health care
 industry and the military retiree's Tricare benefit.  "We couldn't survive
 that," says Dr. Walker Ray, vice president of the Physicians Foundation.
 "We are only producing in this country a thousand to two thousand
 primary doctors to replace them. Medical students are not choosing primary
 care."

     Dr. Alan Pocinki has been practicing medicine for 17 years. He
 began his career around the same time insurance companies were turning to
 the PPO and HMO models. So he was a little shocked when he began
 spending more time on paperwork than patients and found he was running a
 small business, instead of a practice. He says it's frustrating. "I had no
 business training, as far as how to run a business, or how to evaluate
 different plans," Pocinki says. "It was a whole brave new world and I
 had to sort of learn on the fly." To manage their daily work schedules,
 many survey respondents reported making changes. With lower
 reimbursement from insurance companies and the cost of malpractice insurance
 skyrocketing, these health professionals say it's not worth running a
 practice and are changing careers. Others say they're going into so-called
 boutique medicine, in which they charge patients a yearly fee up front
 and don't take insurance. And some like Pocinki are limiting the type of
 insurance they'll take and the number of patients on Medicare and
 Medicaid. According to the foundation's report, over a third of those
 surveyed have closed their practices to Medicaid patients and 12% have closed
 their practices to Medicare (i.e Tricare) patients That can leave a
 lot of patients looking for a doctor. And as Ray mentioned, med school
 students are shying away from family medicine. In a survey published in
 the Journal of the American Medical Association in September, only 2% of
 current medical students plan to take up primary care. That's because
 these students are wary of the same complaints that are causing
 existing doctors to flee primary care: hectic clinics, burdensome paperwork
 and systems that do a poor job of managing patients with chronic illness.

     So what to do? Physicians don't have a lot of answers. But doctors
 say it's time to make some changes, not only in the health care field
 but also with the insurance industry. And they're looking to the new
 administration for guidance.  One of President-elect Barack Obama's
 health care promises is to provide a primary care physician for every
 American. But some health experts, including Pocinki, are skeptical. "People
 who have insurance can't find a doctor, so suddenly we are going to
 give insurance to a whole bunch of people who haven't had it, without
 increasing the number of physicians?" he says. "It's going to be a
 problem." [Source: CNN Medical Producer Val Willingham article 18 Nov 08 ++]

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

MEDICARE PART D DOUGHNUT HOLE:    A survey of Medicare Part D enrollees
 showed that most of them do not fully understand the coverage gap, or
 "doughnut hole," under which they must pay full cost for their
 prescription drugs. The survey showed that out of 1,000 chosen survey
 respondents, 62% said they did not fully understand the concept, and 28% said
 they didn't know what it was or didn't understand it at all. More than
 two-thirds of respondents in the coverage gap were not able to identify
 the spending that counts toward the gap. For the year 2008, once a
 patient's drug costs reach $2,510, they must pay full cost for their
 medications on their own until their spending reaches $3,850. At that point,
 their coverage resumes. The size and limits of the gap increase each
 year, but according to the survey, many patients don't know how that
 spending is calculated: the amount patients pay on their own is counted
 toward the gap, but so is the spending by their health plan.  Once the
 patient is in the gap, he or she is responsible for all spending on drugs
 covered by Medicare Part D. In 2008, coverage resumes after the patient
 has spent $3,850 out of pocket. "At this point the majority of members
 do know that there's a gap in their coverage but they don't understand
 how they arrive there, and there's a few different points of confusion
 there," said Woody Eisenberg, chief medical officer at Medco. "People
 know there's a gap but there's still lots of confusion about how they
 get there." He said the gap in coverage is an "unusual" feature that was
 expected to cause confusion after the Medicare Part D benefit went into
 effect in 2006. While Eisenberg feels the Center for Medicare and
 Medicaid Services has done a fair job of explaining the gap, individual
 patients don't always know how it applies to them specifically. In the
 survey, 39% of patients who were in the gap said they received enough
 information about the gap and felt fully aware of it. But 26% said they
 received no information, and 27% said they found the materials about the
 gap confusing. The rest received the details but didn't fully review
 them. More than three-quarters of the patients who had already reached the
 doughnut hole were being treated for at least one chronic ailment.
 Direct Analytics conducted the random telephone survey with funding from
 Medco, a pharmacy benefits manager based in Franklin Lakes, N.J.
 [Source: AP Marley Seaman article 18 Nov 08 ++]

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

MEDICARE PART B OPEN ENROLLMENT UPDATE 01:    If you're one of
 America's more than 36 million seniors, it's time to prepare and compare for
 your 2009 Medicare coverage. Medicare is health insurance for most people
 65 and older who do not have other sources of coverage. The program
 also applies to younger people with certain disabilities and permanent
 kidney failure and is mandatory for military retirees under Tricare to
 obtain TFL upon turning 65. It covers many services and supplies in
 hospitals, physician offices and other health care settings. Now is the time
 to join, switch or drop Medicare. Open enrollment began 15 NOV. Your
 deadline is Dec. 31, but make your decisions by early December —
 especially for those enrolling for the first time or making changes — to avoid
 conflicts with coverage in JAN 09. You must make two major decisions.
 There are monthly premiums, co-payments and deductibles associated with
 both major choices.

- The first decision is to choose original Medicare or a private
 insurance (HMO or PPO) to cover hospital and doctor visits.
- The second concerns prescription drug coverage. Savvy seniors might
 be able to find new prescription plans that save money.

"There are opportunities to go in and find different health plans under
 the approved Medicare Part D that would result in savings," said James
 R. Langabeer II, an associate professor of management at the
 University of Texas School of Public Health in Houston. "Several plans this year
 did drop their overall cost. That's what consumers have to look for."
 He also suggests asking your doctor whether generic alternatives to
 your name-brand drugs might work for you.  Some tips on how to proceed:

- Getting Started: Gather your Medicare card and a list of your current
 medications. Collect any mail you have received from Medicare, Social
 Security or your current drug plan.
- Visit Medicare Online: www.medicare.gov.
- Make It Personal: Personalize your search for what's best for you by
 visiting www.MyMedicare.gov, a site that allows you to decide based on
 your individual Medicare information. If you are new to Medicare, use
 the www.MyMedicare.gov password and instructions Medicare mailed to you.
- No Internet Access?: Call 800-633-4227 (800-MEDICARE).
- Get Help: Enlist relatives and other trusted people for input as you
 decide. Remember: The right plan for one spouse may not be best for the
 other.
- More Help: Call 800-252-9240.
- Choose A Plan: Confirm that your medications are covered and that
 your doctor and other providers will accept the plan.
- Be Careful: Only deal with reputable people to protect yourself from
 theft and identity fraud.
- The Full Guide: You should already have received the Medicare & You
 2009 handbook in the mail. It is also available at
 www.medicare.gov/Publications/Pubs/pdf/10050.pdf.

Coverage plans for you to consider or review are:

- Original Medicare - Part A: Covers hospital services. Most people
 receive this automatically. You usually don't pay a monthly premium if you
 or your spouse paid Medicare taxes while working.
- Original Medicare - Part B: Medical insurance for doctor visits,
 outpatient care and some preventive services. Most people will pay the
 standard premium, $96.40 a month in 2009. If you don't sign up when you are
 first eligible, the premium may be higher. Cost varies for those in
 the Medicare Advantage Plan or with other health insurance. Part B
 enrollment rights can be affected if you have coverage through an employer or
 union and you or your spouse still work.
- Supplemental Insurance: Known as a Medigap policy and sold by private
 insurance companies; can help pay co-payments, co-insurance and
 deductibles not covered by Original Medicare.
- Medicare Advantage Plan - Part C: Private insurance that includes
 Parts A & B. If you have this coverage, you don't need a Medigap policy
 and cannot use it to pay for expenses under this plan.
- Prescription Drug Coverage - Part D: Medicare Rx is a prescription
 drug benefit with a monthly fee. Those with Original Medicare must choose
 and join a Medicare prescription drug plan run by private companies
 and approved by Medicare. People with limited income and resources may
 qualify for help paying for medications.
Source: Centers for Medicare and Medicaid Services Nov 08 ++]

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

NATIONAL RESOURCE DIRECTORY:   The Department of Defense in NOV
 launched the National Resource Directory, a collaborative effort between the
 departments of Defense, Labor and Veterans Affairs. The directory is a
 Web-based network of care coordinators, providers and support partners
 with resources for wounded, ill and injured service members, veterans,
 their families, families of the fallen and those who support them.
 Located at http://www.nationalresourcedirectory.org , the directory offers
 more than 10,000 medical and non-medical services and resources to help
 service members and veterans achieve personal and professional goals
 along their journey from recovery through rehabilitation to community
 reintegration. It is organized into six major categories: Benefits and
 Compensation; Education, Training and Employment; Family and Caregiver
 Support; Health; Housing and Transportation; and Services and Resources.
 It also provides helpful checklists, Frequently Asked Questions, and
 connections to peer support groups. All information on the Web site can be
 found through a general or state and local search tool. Inaugural
 comments regarding the directory were:

•  “The directory is the visible demonstration of our national will and
 commitment to make the journey from ‘survive to thrive’ a reality for
 those who have given so much. As new links are added each day by
 providers and partners, coverage from coast to coast will grow even greater
 ensuring that no part of that journey will ever be made alone,” said
 Lynda C. Davis, Ph.D., deputy under secretary of defense for military
 community and family policy.
•  “The VA is extremely proud to be a partner in this innovative
 resource. This combination of federal, state, and community-based resources
 will serve as a tremendous asset for all service members, veterans,
 their families and those who care for them. The community is essential to
 the successful reintegration of our veterans, and these groups greatly
 enhance the directory’s scope,” said Karen S. Guice, M.D., executive
 director, federal recovery care coordination program at the Department of
 Veterans Affairs.
•  “The National Resource Directory will prove to be a valuable tool
 for wounded, ill, and injured service members and their families as they
 wind their way through the maze of benefits and services available to
 them in their transition to civilian life. The Department of Labor is
 pleased to have the opportunity to work with our partners at DoD,” said
 Charles S. Ciccolella, the assistant secretary of labor for the
 veterans’ employment and training service.
[Source:  DoD News release No. 962-08 17 Nov 08 ++]

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

PERSONALITY DISORDER' SEPARATIONS:    Under pressure from Congress and
 following the Army’s lead, the DoD has imposed a more rigorous
 screening process on the services for separating troubled members due to
 “personality disorder.” The intent is to ensure that, in the future, no
 members who suffer from wartime stress get tagged with having a pre-existing
 personality disorder which leaves them ineligible for service
 disability compensation. Since the attacks of 9/11, more than 22,600 service
 members have been discharged for personality disorder.  Nearly 3400 of
 them, or 15%, had served in combat or imminent danger zones. Advocates
 for these veterans contend that at least some of them were suffering from
 Post-Traumatic Stress Disorder (PTSD) or traumatic brain injury but it
 was easier and less costly to separate them for personality disorder.
  By definition, personality disorders existed before a member entered
 service so they do not deemed a service-related disability rating.  A
 disability rating of 30% or higher, which most PTSD sufferers receive,
 can mean lifelong access to military health care and on-base shopping.

     Over the last 18 months, lawmakers and advocates for veterans have
 criticized Defense and service officials for relying too often on
 personality disorder separations to release member who deployed to Iraq,
 Afghanistan or other another areas of tension in the Global War on
 Terrorism. A revised DoD instruction (No. 1332.14), which took effect without
 public announcement 28 AUG 08, responds to that criticism.  It only
 allows separation for personality disorder for members currently or
 formerly deployed to imminent danger areas if:
1) The diagnosis by a psychiatrist or a PhD-level psychologist is
 corroborated by a peer or higher-level mental health professional;
2) If the diagnosis is endorsed by the surgeon general of the service,
 and
3) If the diagnosis took into account a possible tie or “co-morbidity”
 with symptoms of PTSD or war-related mental injury or illness.

Sam Retherford, director of officer and enlisted personnel management
 in the Office of the Secretary of Defense, said adding “rigor and
 discipline” to the process when separating deployed members for personality
 disorder is “very important,” considering what is at stake for the
 member. Last year several congressional hearings focused on overuse of
 personality disorder separation after The Nation magazine exposed apparent
 abuses in a MAR 07 article.  It described the experience of Army
 Specialist Jon Town.  In OCT 04, while Town stood in the doorway of his
 battalion's headquarters in Ramadi, Iraq, an enemy rocket exploded into the
 wall above his head, knocking him unconscious. When he came to, Town was
 numb all over, bleeding from his ears, and had shrapnel wounds in his
 neck.  For two years he struggled with deafness, loss of memory and
 depression before the Army, in SEP 06, separated Town after seven years’
 service.  He was separated for a pre-existing personality disorder and
 without disability benefits. Writer Joshua Kors suggested there might be
 thousands of veterans like Town, separated administratively to save
 the services billions of dollars in benefits.

     Last year, moved by this story and others, the Senate adopted an
 amendment to the fiscal 2008 defense authorization bill from now
 president-elect Barack Obama (D-IL), Kit Bond (R-MO) and Joseph Liberman
 (IND-CT).  It directed Defense officials to report on service use of
 personality disorder separations, and the GAO to study how well the services
 follow DoD’s rules for processing such separations. The Army meanwhile
 reviewed its own use of personality disorder separations for more than
 800 soldiers who had wartime deployments.  That review quickly found
 some “appalling” lapses, said an official, including incomplete files and
 missing counseling statements.  A few months ago the Army tightened its
 own rules for using personality disorder separations. In JUN, the
 Defense Department reported to Congress that it would add rigor to its
 personality disorder separation policy, previewing the changes implemented
 in late AUG.  The Navy strongly had opposed the changes because it
 frequently uses personality disorder separations to remove sailors found
 too immature or undisciplined to cope with life at sea. Requiring their
 surgeon general to review every personality disorder separation from
 ships deployed in combat theaters would be too burdensome, the Navy
 argued.  But Defense officials insisted on the changes.

     The DoD report in JUN showed the Navy led all services in
 personality disorder separations.  For fiscal years 2002 through 2007, the Navy
 total was 7554 versus 5923 for the Air Force, 5652 for the Army and
 3527 for the Marine Corps.  The Army led in personality disorder
 separations to members who had wartime deployments, with a total of 1480 over
 six years. The Navy total was 1155, the Marine Corps 455 and the Air
 Force 282. DoD said it found no indication that personality disorder
 diagnoses of deployed members were prone to systematic or widespread error.
  Nor did internal studies show a strong correlation between
 personality disorder separations and PTSD, brain injury or other mental
 disorders. “Still, the Department shares Congress’ concern regarding the
 possible use of personality disorder as the basis for administratively
 separating this class of service member,” the report said. In late OCT, GAO
 released its findings based on a review of service jackets for 312
 members separated for personality disorder from four military installations.
 It said the services were not reliably compliant even with the pre-AUG
 regulation governing separations.  For example, only 40 to 78% of
 enlisted member separated for personality disorder had documents in their
 files showing that a psychiatrist or qualified psychologist determined
 that their disorder affected their ability to function in service.
 [Source: Stars & Stripes Tom Philpott article 14 Nov 08 ++]

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

CELLPHONE *77:    There is an eRumor on the internet of the story of a
 young college woman who was suspicious about an unmarked patrol car
 attempting to pull her over.  She remembered her parents' advice to
 proceed to a safe or populated place before stopping and also contacted the
 authorities on her cell by by using #77.  Other patrol cars were sent to
 her location; the person in the unmarked car was arrested and turned
 out to be a convicted rapist.  Some Canadian versions of the story say
 the number to call is #677. Whether this particular story is real is
 unknown but the information it conveys is apparently sound.
 TruthOrFiction.com talked with law enforcement agencies on both the East and West
 Coasts. The consensus was that if you are suspicious about a patrol car
 wanting to pull you over, especially in an isolated area or at night,
 it's prudent to proceed to a place where would feel safer. The problem is
 that the law says you are to obey an officer who says to pull over so
 if you do decide to continue, do so in a way that makes it clear you are
 not trying to evade him or her.

     If you have a cell phone, call your local emergency number,
 usually 911, and you can be connected to a dispatcher who can help decide
 whether the car attempting to pull you over is legitimate.  Also, you can
 inform the dispatcher that it is your intention to comply, but only
 after you get to the next off ramp, gas station, populated areas, etc.
 Even though 911 is the most common number to use in an emergency, there
 are many states that have established other numbers as well for cell
 phone users, especially to report highway emergencies. The #77 number is
 one of them.  Some states use *77 or even #55.  One of the reasons for
 other numbers is that the 911 calls from a cell phone go to different
 kinds of agencies depending on where the phone call is being made. In some
 areas, dialing 911 on a cell phone may go to a city or county
 emergency dispatcher.  In other  areas, the call may go to a state highway law
 enforcement agency such as the highway patrol or state troopers. In the
 states with the "77" numbers, cell phone users will usually get
 connected directly with a highway law enforcement agency.  For that reason,
 you will frequently see signs posted along some freeways, expressways,
 or toll ways suggesting use of a number other than 911 if you're using a
 cell phone.  [Source: www.truthorfiction.com Nov 08 ++]

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

RESERVE LEAVE BENEFITS:   The Labor Department has written new rules to
 expand Family and Medical Leave Act benefits that represent a dramatic
 change in how National Guard and reserve members and caregivers
 responsible for seriously injured troops will be treated by employers. One
 benefit, which applies immediately, allows up to 26 weeks of unpaid time
 off without fear of losing a civilian job for spouses, parents,
 siblings, children or other blood relatives taking care of seriously injured
 or disabled service members. The one catch is that it only applies while
 the injured service member is still in the military, and ends after
 separation or discharge. A second benefit, which employers have 60 days
 to implement, allows families of mobilized Guard and reserve members up
 to 12 weeks of unpaid leave, with their job fully protected, for a
 variety of deployment-related reasons, including attending military
 briefings, handling legal or financial issues, emergency child care
 arrangements and even taking a vacation of up to five days if the service member
 gets mid-deployment rest and recuperation leave. Families of
 active-duty members are not eligible for the deployment-related time off because
 Congress did not authorize it, Labor Department officials said.

     Joy Dunlap of the Military Officers Association of America said
 the two additions to the Family and Medical Leave Act, known as FMLA,
 will be a great boon to families who are struggling with the demands of
 ongoing military operations. But blocking active-duty families from the
 deployment leave is something her association plans to challenge, she
 said. “They included a wide variety of things, and I think this is going
 to be very positive for the family members of those covered,” Dunlap
 said. “This will help them to take care of important household matters
 and help them protect marriages, and will help retention of service
 members.” Dunlap also cautioned that Family and Medical Leave Act benefits
 are not available to everyone. Generally, benefits are provided only to
 workers at companies with 50 or more employees who are full-time
 workers with at least a year on the job, she said. Victoria Lipnic, assistant
 labor secretary for employment standards, said the rules attempt to be
 as generous as possible under limitations of the law but acknowledged
 there are restrictions. “We were as generous as we could be,” she said.
 Caregiver leave has been authorized under FMLA since January, but
 regulations explaining how companies are supposed to apply it have only now
 been finalized, Lipnic said. Under the rules, a caregiver can take up
 to 26 weeks of unpaid leave over one year, with the clock beginning on
 the first day of leave. The policy allows leave to be taken only once
 per injury, but more than one person in a family might be qualified. If
 there is a second injury or a subsequent diagnosis of a new problem,
 such as post-traumatic stress disorder, the benefit could be used again,
 Lipnic said. While FMLA applies to a limited group of immediate family
 members, military caregiver leave has a broader definition under which
 spouses, siblings, parents, children and next-of-kin — the nearest
 blood relative — could qualify. In extended families, more than one blood
 relative could receive the leave, Lipnic said.

    The deployment leave program, which applies to Guard and reserve
 families, is aimed at people whose lives are “turned upside down” and who
 “have a lot of issues to deal with,” Lipnic said. There are several
 broad categories in which the leave can be used, she said. For example,
 unpaid leave could be taken if the Guard or reserve member must deploy
 with less than seven days’ notice; attend military-related events like
 briefings; accommodate school activities or emergency child care; make
 financial or legal arrangements; attend counseling, which would not
 necessarily have to be provided by a health care provider; ot attend
 post-deployment events, such as arrival ceremonies and briefings. Regulations
 also have a catch-all clause that allows time off for other events not
 covered if the employer and employee agree, Lipnic said. In what may
 become one of the more controversial aspects of the new rules, unpaid
 leave could be used for up to five days of vacation if the service member
 received rest and recuperation leave while deployed. The five-day
 leave would be provided each time the service member receives R&R. Lipnic
 said the deployment leave provisions were worked out after discussions
 with military associations and the Defense Department. While regulations
 are being published now, employers technically do not have to provide
 deployment leave until JAN because they have 60 days to implement the
 regulations, she said. A key reason the rules are being expanded for
 military families was 2007 testimony before a House subcommittee by the
 wife of an injured Army sergeant. Sarah Wade, the wife of Army Sgt.
 Edward Wade, told a House panel that after her husband was injured by a
 roadside bomb in Iraq, she tried to hold on to her restaurant job in Chapel
 Hill, N.C., while making three trips a week to visit her husband, who
 was being treated 250 miles away at Walter Reed Army Medical Center in
 Washington, D.C. Wade said she was fired after about 15 months for
 being away from work too much and also was forced to drop out of college.
 [Source: ArmyTimes Rick Maze article 14 Nov 08 ++]

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

VA CLAIM BACKDATING:     A high-ranking U.S. Department of Veterans
 Affairs administrator from Guilderland NY has been placed on paid leave in
 the wake of an investigation into his office.  Joseph Collorafi was
 suspended last month as chief of veterans affairs at the New York City
 regional VA office, said Keith Thompson, acting director of the office.
 The investigation revealed that someone in the regional office
 intentionally entered claim documents from veterans with incorrect dates —
 called "backdating" — into an internal database, VA spokeswoman Alison
 Aikele said Wednesday. "They would make it look like they were processing
 claims faster than they really were," said Aikele, who works in
 Washington, D.C. Changing the dates made it appear that the management was not
 "severely underperforming," according to Aikele. She said the leadership
 of the office in Manhattan was replaced and the individuals who left
 would not be returning. She maintained that no veterans were affected by
 the backdating.  The VA office in New York City serves 800,000
 veterans living in 31 counties.

     Collorafi, 62, commuted on Amtrak from his home in Guilderland to
 his job, which pays about $135,000 a year. James O'Neill, the VA's
 assistant inspector general for investigations, said a subsequent
 investigation revealed the shredding of documents. "We're looking at a couple of
 facilities to determine whether the shredding that occurred was
 intentional or not," O'Neill said. Destroying or altering federal documents
 could be a criminal offense. O'Neill did not confirm nor deny whether
 Collorafi's leave was linked to that probe. Collorafi declined repeated
 requests for comment on this story. His attorney, Peter Noone, said the
 investigation was not related to Collorafi. "I'm not sure that has
 anything to do with him," Noone said.

     This week, two veterans groups filed a lawsuit in District of
 Columbia federal court claiming the VA takes too long to process disability
 claims by veterans. The agency averages at least six months per claim,
 the process can stretch to a year and appeals take up to four years on
 average, according to the suit filed Monday by the Vietnam Veterans of
 America and the Veterans of Modern Warfare. In recent weeks, 41 of 57
 regional VA offices across the country have come under scrutiny over
 the possible shredding of supporting evidence in claims filed by
 veterans. Next week, the Democratic chairman of the House Committee on
 Veterans' Affairs, U.S. Rep. Bob Filner of California, will hold a hearing on
 the destruction of the records. In 1987, when he was a lieutenant
 colonel in the National Guard, Collorafi was investigated by the FBI amid
 accusations that Collorafi and another officer, William F. McIntosh, filed
 requests for training pay for training they did not receive. The
 alleged incident, which involved a total of $1,500, occurred when Collorafi
 was director of the New York Guard's recruitment program, a post he
 held from 1980-85. The outcome of that case was not immediately known.
 O'Neill said the investigation into shredding at the New York regional
 office in Manhattan could take months. [Source: Albany Times Union Scott
 Waldman article 13 Nov 08 ++]

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

VET SUPPORT FROM STATES UPDATE 01:    Old soldiers never die — they
 just move to Florida. It is a durable trend reflected in great numbers
 after World War II, recently reinforced by the military men and women who
 served in Afghanistan and Iraq and who are again marching home to the
 state. Florida's intrinsic amenities and expanded veterans' services are
 magnets that have boosted the state past Texas for the second-largest
 veteran population at 1.75 million, according to the latest tally. Only
 California is home to more veterans, with 2.1 million. But the
 Sunshine State is the hot draw. Even as the nation's veteran population
 withered 16.5% since 1980, Florida increased its ranks by nearly 400,000.
 Forecasters predict the state will surpass California within 20 years.
 "The Southeast, and Florida in particular, is an attractive region for
 military veterans and retirees," said Jay Agg, national communications
 director for AMVETS, noting that the state has one of the organization's
 fastest-growing and most active departments. "Florida is already
 renowned as a friendly and hospitable retiree destination, but it is also a
 draw for veterans and military retirees because of its significant
 military community," Agg said.
     Adding to that allure, say advocates for veterans, has been the
 lack of a state income tax, a generally strong economy and mild winters.
 Across Central Florida, veteran tallies eclipse 1980 totals: Orange
 County, for example, now boasts 77,947 veterans, up from 68,100 in 1980;
 Seminole has 38,802 veterans, up from 28,670; and Volusia is home to
 57,809 vets, up from 41,139. Many World War II veterans headed south after
 the war. It was a migration pattern mirrored in the 1980 and 1990 U.S.
 censuses, with retiring vets favoring the amenities of the Pacific
 Northwest and Sun Belt states, according to one study. Last year, America
 was home to 9.3 million veterans 65 and older. In Florida, almost half
 of the state's veterans -- 760,000 -- are more than 65 years old. But
 younger veterans — there were 1.9 million in the U.S. younger than 35 in
 2007 — also are responding to the lure of the South. "The demographics
 of Florida 's veteran population are changing due to the passing of
 our older World War II-era population and the addition of younger
 veterans who claim Florida as their home state," said Steven Murray, a retired
 Air Force lieutenant colonel and current communications director for
 the Florida Department of Veterans Affairs. About 160,000 veterans who
 served in Iraq and Afghanistan call Florida home, he said.
     The unrelenting southerly shift has increased demand for veterans'
 health care in the Sun Belt. In response, the VA has opened new
 outpatient clinics throughout Florida and OK'd new hospitals, including one
 scheduled to open in Orlando in 2012. Already, state VA officials are
 seeing the first waves of younger veterans who are settling here and
 needing services. Last year, 14,338 Florida veterans sought VA treatment,
 including 2,250 in Orlando. Murray said the state is well-situated to
 handle that burden. "Our biggest challenge is reaching out to our state's
 veterans," he said. "There are many federal, state and local agencies
 available to assist veterans and their families as they transition out
 of the military." He recommends veterans begin by contacting their
 county veteran-service office. Staff members can inform them of benefits
 "earned by virtue of their military service," he said. Such services
 include health care, job opportunities, housing and financial assistance.
 Timothy W. Liezert, director of the Orlando VA Medical Center, is
 confident that Central Florida can support the sure-to-swell numbers of
 recent veterans who will call Florida home. One team has been hired to deal
 directly with veterans of Iraq and Afghanistan, he said. "With the new
 medical center coming to the Lake Nona area," Liezert said, "they may
 see this as an opportunity to get the best care in the world and an
 opportunity for jobs as well."  [Source: Orlando Sentinel Darryl E. Owens
 article 9 Nov 08 ++]

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

BURN PIT TOXIC EMISSIONS:    The Disabled American Veterans (DAV)
 organization has issued a call to all service members and veterans who think
 they may have illnesses related to burn pits in Afghanistan and Iraq:
 “Anyone out there who thinks they may have had a long-term health
 effect ... needs to file a complaint” with the Department of Veterans
 Affairs, said Kerry Baker, DAV’s associate national legislative director.
 They should also Contact DAV so they can collect data and look for trends.
 Noting that it took Vietnam veterans 20 years to gain benefits for
 exposure to the defoliant Agent Orange, Baker said, “We don’t want to see
 these guys have to wait 20 years. We want to see Congress act right
 away.” Service members/veterans should be alert for respiratory-related
 problems, such as allergies, sleep apnea, trouble breathing, asthma and
 lymphocytic leukemia, as well as skin diseases. Of the 300 to 400
 disability cases Baker said he has personally reviewed since the wars in Iraq
 and Afghanistan began, he said 30%t potentially could be linked to the
 burn pits. He said he’s amazed by the numbers of troops reporting
 sleep apnea.

     Sen. Russ Feingold (D-WI) also has demanded an investigation in a
 31 OCT letter to Army Gen. David Petraeus, the new chief of U.S.
 Central Command. “After years of helping veterans of the Vietnam and Gulf
 Wars cope with the health effects of toxic battlefields, we have learned
 that we must take exposures to toxins seriously,” Feingold wrote. He
 asked Petraeus to inform him of pending investigations into the
 “prevalence of health care conditions among those potentially exposed to toxins
 and particulates,” as well as why more incinerators are not taking the
 place of burn pits in Iraq. Pentagon officials say no long-term
 illnesses are associated with the burn pits. But Military Times has received
 more than 50 letters from troops responding to a 3 NOV story, expressing
 concern about the time they spent near the billowing black clouds
 emitted by open pits where the military has burned its waste — everything
 from plastic bottles, which emit dioxins when burned at low temperatures,
 to petroleum products that emit benzene.

     One Air Force bioenvironmental engineer, Lt. Col. Darrin Curtis,
 was so worried by the chemicals he thought were being released into
 service members’ living and work spaces at Joint Base Balad, Iraq, that he
 warned: “In my professional opinion, the known carcinogens and
 respiratory sensitizers released into the atmosphere by the burn pit present
 both an acute and chronic health hazard to our troops and the local
 population.” Troops say they coughed their way through their deployments;
 several said respiratory problems and headaches continued long after
 their deployments ended. Air Force officials say they had cleaned up the
 Balad burn pit as of JUN 08 by using two incinerators and recycling
 plastic bottles. A report shows that tests in 2007 reflected an “acceptable
 risk” for cancer-causing and other poisonous toxins from the pit. “It’s
 a fantastic before-and-after story,” said Army Capt. Lynn Thompson,
 waste management officer for Balad from March to October. “The contractor
 who runs the place is planning to build a tennis court about 100
 meters west of the trenches.” The burn pits are now “trench burners,” which
 burn hotter and produce less smoke. Still, he said, “Trench burners are
 no substitute for zero-emission incinerators. They are not intended to
 be a permanent solution. It is the best we can do with the funding
 available.” While that’s good news for troops on future deployments, the
 burn pits in Balad and across Iraq and Afghanistan have burned since the
 beginning of the wars — initially managed by troops working directly
 inside the pits to keep them burning.

     Service members told Military Times that they have asthma that was
 diagnosed after they left Balad; that they have allergy-like symptoms
 for the first time in their lives; that an unusual number of people in
 their units have developed cancer; that they are failing the runs on
 their physical fitness tests because of breathing problems; and that
 their headaches still haven’t gone away months after returning home. One
 Army officer reported a brain tumor. “The fact that DoD says it’s safe
 just makes no sense at all,” Baker said. “Dioxin was used in herbicides
 in Vietnam. Now it’s a byproduct of the burn pits. But you don’t just
 have dioxin — you have a list of other chemicals. We need to look at the
 combined effect of all these chemicals.” John Bradley, a legislative
 consultant for DAV, said the group can look to see whether there is a
 positive association between a deployment and disease, and that can lead
 VA to presume those diseases were caused by this war. The proof
 shouldn’t rest on the veteran, he said.

    Army Staff Sgt. Danielle Nienajadlo said her time in Balad led to a
 nightmare that will haunt her for the rest of her life. As a vehicle
 mechanic, she spent much of her time at the motor pool near the burn
 pit. Her living quarters, she said, were within a couple of miles of the
 pit, and when they ran for physical fitness training, they inhaled the
 fumes as they passed the plume. She said the smoke constantly hung over
 her living quarters. “We were always covered in ash and dirt,” she
 said. “People got bloody noses and headaches.” Before she arrived, she had
 a full physical, including a blood workup, because she wanted to become
 a helicopter pilot. But upon arrival at Balad, she started coughing
 and blowing out black stuff. Soon, she lost her appetite. She felt
 nauseated, was constantly tired and had trouble breathing. She went to sick
 call several times, only to be told she might be stressed out. One
 night, she stayed up all night with hot sweats and a fever; she went to the
 emergency room and begged doctors to draw her blood. They did. Her
 white blood cell count was over the top: She had leukemia. She believes the
 burn pit served as a catalyst for her cancer. “I know I got it out
 there,” she said. The cancer took over her lungs, and she couldn’t
 breathe. After a full course of chemotherapy at Walter Reed Army Medical
 Center, Washington, D.C., where she remains, she said she’s doing better,
 though she will be checked every three weeks for the next five years to
 make sure it doesn’t come back. “I’m in remission,” she said. “I know
 I’m blessed. If I’d waited another day, I would’ve died.” [Source:
 NavyTimes Kelly Kennedy article 14 Nov 08 ++]

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

BURN PIT TOXIC EMISSIONS UPDATE 01:    A soldier concerned about his
 tour at Forward Operating Base Hammer near Balad, Iraq, this year sent
 Military Times a report showing high levels of particulate matter and low
 levels of manganese, possibly due to materials destroyed in a burn
 pit. “The high risk estimate is due to the average (particulate matter)
 level being at a concentration the U.S. Environmental Protection Agency
 considers ‘hazardous,’ and is likely to affect the health of all
 troops,” wrote Jeffrey Kirkpatrick, director of health risk assessment for the
 U.S. Army Center for Health Promotion and Preventive Medicine.
 “Manganese was also detected above its one-year military exposure guidelines.”
 It was sent to the command surgeon general’s office for U.S. Central
 Command. Particulate matter can lead to coughing, difficulty breathing,
 decreased lung function, aggravated asthma, chronic bronchitis,
 irregular heartbeat, nonfatal heart attacks and premature death in people with
 heart or lung disease, according to the EPA. Long-term levels of high
 exposure to manganese can lead to problems in the central nervous
 system, such as slow visual reaction time, inability to keep the hands
 steady, and poor eye-hand coordination. It can also lead to feelings of
 weakness, tremors, a mask-like face and psychological effects. It can also
 lead to impotence and loss of libido, according to the EPA.

     “I just returned from a 15-month deployment from Iraq with 3rd
 Brigade, 3rd Infantry Division to FOB Hammer, and some of us found a
 document saying that the level of a certain type of metal in the air was
 above military standards and to expect soldiers to become ill,” wrote the
 soldier, who asked not to be named for fear of repercussions. “There
 were burn pits there, and our base was located less than two miles from
 an Iraqi brick factory.” The soldier is one of about 100 service members
 who have contacted Military Times because they are worried about their
 exposure to the burn pits in Iraq and Afghanistan. Military officials
 say they’ve worked to get the situation under control by setting up
 incinerators at bases such as Joint Base Balad, also in Iraq, as of JUN
 08. FOB Hammer was built in MAR 07. The report, dated AUG 07, comes from
 Kirkpatrick’s office, and, thus far, distribution has been “limited to
 U.S. Government Agencies only.” It states

• That the risk for particulate matter less than 10 microns in diameter
 and metals is high, and that the manganese levels are expected to not
 be “consistently above the (military exposure guidelines) for one year.
 Therefore, the (occupational and environmental health risk) estimate
 for manganese in the ambient air is considered low.”
• It was indicated that the winds are especially high at this location
 and that the dust in the air is so bad that it is said to be
 ‘overwhelming. A conservative assumption is that personnel inhale the ambient air
 for 24 hours a day for 365 days. In addition, it is assumed that
 control measures and/or personal protective equipment are not used.
• In generally healthy troops, there will be more medical visits and
 respiratory infections because of the particulate matter, and that heavy
 aerobic activity may increase those effects.
• The hazard severity of the particulates was considered “marginal.”
 However, one sample was six-and-a-half times higher than the recommended
 military standard.
• Most people are equally exposed to the air at the base, and the
 exposure to rates higher than those recommended would be considered
 “frequent.”
• The possible effects of manganese were negligible, stating that
 though the average concentration was higher than military standards, it was
 partially because one of two samples was “atypically high” making the
 average seem high.
• The concentration range for which actual effects (such as
 dementia/neurological changes or liver disease) have been observed in workers
 after repeated chronic exposures is ... 100 times greater than the
 [military standard]. Therefore, no health effects are anticipated and the
 hazard severity is considered negligible.
•  Lead levels were also above recommended levels in one of the
 samples. However, the report also states risk estimate and confidence in the
 samples is low because only two were taken.
• Taking samples at least every six days for the rest of the
 deployment, and informing preventive medicine and medical personnel of potential
 health effects of the particulate matter and heavy metals is
 recommended.
• limiting outdoor physical activities when there are visibly high
 levels of particulate matters is recommended.
[Source: NavyTimes Kelly Kennedy article 20 Nov 08 ++]

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

DOD PDBR UPDATE 03:    You cannot file with both the Physical
 Disability Board of Review (PDBR) and Board for Correction of Military (or
 Naval) Records (BCMR/BCNR) asking both to review the issue of whether you
 should have received a higher rating. Assuming you do file in both places
 at the same time, the BCMR/BCNR case may be placed in administrative
 hold until the PDBR application is decided. When a case is placed on
 administrative hold, the case is not closed, but no action is taken on the
 case. The applicant will be notified in writing when the case is
 placed in this status. If you ask the PDBR to review that rating you may not
 subsequently ask your service BCMR to review that rating, but you can
 ask your service BCMR/ to review other issues such as whether you
 should have been rated for additional medical conditions. If you do not go
 to the PDBR, you can ask the BCMR/BCNR to consider all of the issues
 relevant to your separation including the rating awarded for your unfit
 condition.

     As an example assume you were found unfit for a back problem and
 separated at 10% for this condition. You also had asthma problems but
 they were not found to be unfitting and thus were not part of your
 disability rating. You may only ask the PDBR to re-evaluate your back injury
 rating. In contrast, you could ask a BCMR/BCNR to change your record to
 show you were found unfit for both conditions. If you do not go to the
 PDBR, you could ask the BCMR/BCNR to do both; if you have been to the
 PDBR, the BCMR/BCNR will not review the rating for the back, but will
 consider whether you should have been found unfit (and received an
 additional rating) for the asthma or any other medical condition.
 
    There is no easy or clear-cut answer as to which one to choose. Nor
 is there any government organization available to help you make the
 choice and the government will not pay for an attorney to assist you in
 your decision.. The choice is important and highly dependent upon the
 facts and circumstances of your case. The applicant should weigh all the
 factors and make a choice only after careful consideration.  You can
 contact your local veterans’ service organizations several of which
 provide excellent advice and service on these issues. If you filed with the
 BCMR/BCNR prior to 27 JUN 08 (effective date of the DoDI), you will not
 have to choose between the BCMR/BCNR and the PDBR review. You should
 understand there are several differences between the scope and the
 consequences of the two rating reviews. These differences are:

• Panel Composition:  BCMR/BCNR panel is 3 civilians in grade of GS-15
 and above wheras PDBR panel consist of 3 military officers in grade of
 05/06 (or civilian equivalents); Board president 06 or civilian
 equivalent.
• Review Authority:  Veteran may apply to BCMR/BCNR  for review of
 military record within three years of error/injustice (may be waived in the
 interest of justice) whereas with PDBR veteran can only apply with a
  medical separation 20% or less where member did not retire finalized
 between 11 SEP 01 and 31 DEC 09.
• Review Process:  With BCMR/BCNR once application is submitted,
 medical, personnel or legal advisories are prepared and served on applicant
 who has a chance to comment before panel review and vote wheras with
 PDBR once application is submitted the case is summarized by PDBR medical
 member (or other experts) for presentation to PDBR before vote.
 Applicant can submit records from non DOD sources. Thus, the PDBR is a much
 more limited review than a BCMR/BCNR review.
• Panel Outcome:  With BCMR/BCNR you receive a recommendation or
 decision whereas with PDBR you receive a recommendation only.
• Decision Authority: With BCMR/BCNR Director, Review Boards Agencies
 (Army, Air Force, Assistant Secretary of the Navy (M&RA) or Assistant
 General Counsel (M&RA) (Navy) whereas with PDBR Director, Review Boards
 Agencies (Army, Air Force), Assistant Secretary of the Navy (M&RA) or
 Assistant General Counsel (M&RA) (Navy).
• Burden of Proof:  With BCMR/BCNR veteran has the burden of proof to
 establish error or injustice. There is a presumption of regularity
 whereas with PDBR veteran need not allege anything, review is accomplished
 upon request.
• Effective Date of Correction and Benefits Computation: With BCMR/BCNR
 benefits are retroactive to date of separation whereas with PDBR
 benefits forward only as of date of final decision.
• Standards: With BCMR/BCNR panel will correct errors in records and/or
 remove an injustice whereas with PDBR your rating is reviewed for
 fairness and accuracy only.
• Impact of Subsequent VA Rating: With BCMR/BCNR within discretion of
 the Board Will whereas the PDBR will compare VA rating with particular
 attention to one given within 12 months of separation.
[Source:  DoD Military Health System News 3 Nov 08 ++]

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

VA PRESUMPTIVE VIETNAM VET DISEASES:   The Department of Veterans
 Affairs presumes that specific disabilities diagnosed in certain veterans
 were caused by their military service. If one of these conditions is
 diagnosed in Vietnam Vet, VA presumes that the circumstances of his/her
 service (i.e. exposure to Agent Orange) caused the condition, and
 disability compensation can be awarded. This includes DIC education and CHAMPVA
 for spouses of veterans rated 100% or surviving spouses late-veterans
 that died from discussed medical problems. The following disabilities
 may be presumed for those who served in the Republic of Vietnam between
 1/9/62 and 5/7/75:

• chloracne or other acneform disease similar to chloracne*
• porphyria cutanea tarda*
• soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma,
 Kaposi's sarcoma or mesothelioma)
• Hodgkin's disease
• multiple myeloma
• respiratory cancers (lung, bronchus, larynx, trachea)
• non-Hodgkin's lymphoma
• prostate cancer
• acute and subacute peripheral neuropathy*
• type 2 diabetes
• chronic lymphocytic leukemia
Note*: Must become manifest to a degree of 10% or more within a year
 after the last date on which the veteran was exposed to an herbicide
 agent during active military, naval, or air service.
[Source: County of Humboldt Veterans Service office 12 Oct 08 ++]

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

HAVE YOU HEARD:   Well, A Girl Potato and Boy Potato had eyes for each
 other, and finally they got married, and had a little sweet potato,
 which they called 'Yam.' Of course, they wanted the best for Yam. When it
 was time, they told her about the facts of life. They warned her about
 going out and getting half-baked, so she wouldn't get accidentally
 mashed, and get a bad name for herself like 'Hot Potato,' and end up with a
 bunch of Tater Tots. Yam said not to worry; no Spud would get her into
 the sack and make a rotten potato out of her! But on the other hand
 she wouldn't stay home and become a Couch Potato either. She would get
 plenty of exercise so as not to be skinny like her Shoestring cousins.
 When she went off  to Europe, Mr and Mrs. Potato told Yam to watch out
 for the hard-boiled guys from Ireland. And the greasy guys from France
 called the French Fries. And when she went out west, to watch out for the
 Indians so she wouldn't get scalloped. Yam said she would stay on the
 straight and narrow and wouldn't associate with those high class Yukon
 Golds, or the ones from the other side of the tracks who advertise
 their trade on all the trucks that say, 'Frito Lay.' Mr. and Mrs. Potato
 sent Yam to Idaho P.U. (that's Potato University) so that when she
 graduated she'd really be in the Chips. But in spite of all they did for her,
 one-day Yam came home and announced she was going to marry Tom Brokaw.
 Tom Brokaw! Mr. and Mrs. Potato were very upset. They told Yam she
 couldn't possibly marry Tom Brokaw because he's just......A COMMONTATER

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

VETERAN LEGISLATION STATUS 29 NOV 08:   All bills introduced in the
 110th Congress that have not been passed into law are void unless they are
 reintroduced into the 111th Congress.  Congress will convene the 111th
 Congress on JAN 09. 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 Nov 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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