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RAO Bulletin Update
1 July 2007


THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:

-- Tricare Uniform Formulary [20] ------ (More DoD Proposals)
-- VA Data Breach [34] ----------------------- ($20 Million Budgeted)
-- VA Data Breach [35] -------------------------------- (VA IG Report)
-- Veterans Pride Initiative [01] ------------- (Wear Your Medals)
-- TMOP [07] --------------------------------------- (OTC Option)
-- VA Duty to Veterans’ Families] ------------- (Ongoing Suit)
-- VA Mileage Reimbursement [01] --------- (250% Increase)
-- Filipino Vet Inequities [02] ------- (S.0057 Passes Committee)
-- Tricare Anesthetic Coverage Expansion ----------- (Dental)
-- SSA COLA 2008 ------------------------------- (1.4% Forecast)
-- Reserve E-Mail System ----------------------- (Old System Replaced)
-- Reserve Retirement Age [11] --------------- (Window Dressing)
-- VA Category 8 Care [03] ----------------------- (S.1233 Impact)
-- Changing Military Records ----------- (Request Within 3 years)
-- Changing Military Records [01] ----- (Application Procedure)
-- Changing Military Records [02] ----------------- (Board Action)
-- Communicating With Congress [02] ------------ (800 Numbers)
-- PTSD [15] ----------------------------- (Pathway Home Program)
-- AO Compensation [Non-Vietnam] [03] ---- (SC Presumption)
-- NATO Air Force Medals --------- (Mission Involvement Awards)
-- VA Category 8 Care [02] ---------- (1.8 Million Vets Uninsured)
-- Computer Security ----------------------- (Spyware Elimination)
-- USFSPA Lawsuit [13] --------------- (Supreme Court Rejection)
-- VA Spinal Cord Injury Services ------ (New Milwaukee Facility)
-- Overseas NSO Document Request ---------- (Philippine Records)
-- TAPS ------------------------------------------ (Survivor Support)
-- Selective Service System (Draft) [04] --- (Surviving Children)
-- VA Homeless Vets [04] ----------------------- (On the Rise)
-- Vet Cemetery Florida [06] ------------- (HR 2642 Passes House)
-- SBA Vet Issues [04] -------------------- (HR 2366 Passes House)
-- VA Budget 2008 [06] ------------ (Senate Committee Approved)
-- VA Project HERO ----------------------- (Vet Groups Opposed)
-- Veteran Disinterment ----------------------- (Family Decision)
-- Credit Card Penalties ---------- (Congressional Hearing Impact)
-- Environmental Certificate Tng Program ---- (OIF/OEF/ONE Vets)
-- DoD Mental Health TF [04] ------------------ (Task Force Results)
-- Wounded Warrior Assistance [01] ----- (SASC Approves S.1606)
-- COLA 2008 [05] ----------------------- (0.8% above April's)
-- VDBC [18] ------------- (Disability Compensation Disparity)
-- Digital Camera Basics ------------------------- (How to Use)
-- Prostrate Problems [03] ------------------ (New Blood Test)
-- Texas Tuition Waiver Denials ----------- (Immigrant Vets)
-- Veteran Legislation Status 30 JUN 07 -------- (Where We Stand)


Editor’s Note:  Attached is a listing of veteran legislation with
 current cosponsor status that has been introduced in the 110th Congress.  To
 see any of these bills passed into law representatives need input from
 their veteran constituents to instruct them on how to vote.
………………………………………………………….

TRICARE UNIFORM FORMULARY UPDATE 20:  On 21 JUN, the DoD Beneficiary
 Advisory Panel (BAP) met to review DoD proposals to move certain
 cholesterol, prostate, and blood pressure medications to the third tier, or $22
 copay level.  They also re-reviewed some acid reflux drugs that were
 originally evaluated in 2005.  Proposals included:
- To move cholesterol drugs Tricor, Antara, Omacor, and Welchol to the
 third tier. Six cholesterol medications will remain on the formulary at
 $3 or $9 copays.  In order to persuade beneficiaries to use Triglide,
 a low-cost brand-name drug, DoD is proposing to lower the $9 copay to
 $3.
- To move prostate drug Avodart to the third tier, leaving the generic
 Proscar on the formulary for $3.
- Re-evaluating certain acid reflux medications that were originally
 reviewed in FEB 05.  At the time, they moved multiple drugs, including
 Nexium, to $22, based on their relative high cost.  Now, DoD has gotten a
 reduced price on Nexium and proposes to reduce its copay all the way
 down to $3, even though it's not a generic drug. However, DoD is
 proposing to put a "prior-authorization" requirement for this class of drugs,
 requiring beneficiaries to try either Nexium or Prilosec before being
 authorized to use other drugs in the same class.  Current prescriptions
 for the other acid reflux drugs would be grandfathered at $22.  But
 future prescriptions wouldn't be covered for those drugs, even for the $22
 copay, unless Tricare approves a doctor's statement that there's a
 medical necessity to prescribe them (e.g., because Prilosec and Nexium
 aren't effective or have adverse effects for the patient).
- To move hypertension and chronic heart failure drugs Avapro,
 Avalide, Benicar, and Diovan to the third tier.  This would leave Atacand,
 Cozaar, Hyzaar, and Micardis on the formulary at the lower copay.

     MOAA's CDR John Class (USN-Ret), a member of the BAP convened to
 comment on the proposed changes, took the opportunity to reiterate
 concerns that beneficiaries using the affected drugs aren't being given
 adequate notification about either the copayment change or about which
 medications are still available for the lower copay. Since DoD doesn't
 notify beneficiaries at all, and doesn't allow military associations time
 to print the notices in their magazines, most beneficiaries do not find
 out about the changes until their pharmacist starts charging them $22
 instead of the $9.  Without an education program, they usually just
 grind their teeth and pay the $22, without being made aware of lower-cost
 alternatives.  This insensitive process causes both the beneficiary and
 the government to pay far more than they need to since because the
 intended purpose of the copay increase  (i.e. to cause beneficiaries to
 choose lower-cost medications)  is unlikely to be realized. The
 beneficiary panel's concerns will be submitted to Dr. S. Ward Casscells, the new
 Assistant Secretary of Defense (Health Affairs), for final decision.
 For more information on these and other drugs, refer to the Tricare
 pharmacy web site www.tricare.mil/pharmacy/#.  [Source: MOAA Leg Up 29 Jun
 07++]
………………………………………………………….

VA DATA BREACH UPDATE 34:   The Veterans Affairs Department has set
 aside more than $20 million to respond to its latest data breach. The
 department does not expect to spend the full $20 million, but designated
 that much because the breach potentially puts the identities of nearly a
 million physicians and VA patients at risk, said Bob Howard, the
 department's chief information officer. Howard spoke at The E-Gov Institute's
 Government Health IT Conference and Exhibition in Washington. "We have
 no evidence that [information is at risk]. None whatsoever, but we
 don't take the chance," Howard said. "The attitude of the VA right now is
 if we think we've put anybody's information at risk, then we need to
 step up to the plate and try to remedy that." The breach occurred in
 January, when a hard drive went missing from a Birmingham AL VA medical
 research facility. The drive contained highly sensitive information on
 nearly all U.S. physicians and medical data for more than a half million
 VA patients. Any physician who billed Medicaid and Medicare through 2004
 could be affected.

     The hard drive has not been recovered. The VA estimates that about
 half of the 1.3 million doctors whose information was on the hard
 drive, and 254,000 veterans, are potentially at risk. This group was
 notified by mail at the end of May. The letters noted that VA is providing
 credit monitoring services through a General Services Administration
 blanket purchase agreement from the multiple award schedules program. The
 credit monitoring funds will come out of the VA's fiscal 2007 cyber
 security budget, but Congress included an extra $15 million in the recently
 passed emergency supplemental bill for funding the wars in Iraq and
 Afghanistan (H.R. 2206). Because the January data breach occurred in a
 medical research facility, the technology office tried to get health
 care-related funds reprogrammed to cover the credit monitoring, Howard
 noted, but the effort was unsuccessful. Investigators are still trying to
 locate the hard drive and the FBI has offered a $25,000 reward for
 information leading to its return.  [Source:  GOVEXEC.com Daniel Pulliam
 article 14 Jan 07 ++]
………………………………………………………….

VA DATA BREACH UPDATE 35:   The VA Inspector General’s internal report
 on  the Alabama VA hospital that lost sensitive data on more than 1.5
 million people in January reported their investigation found:
- The hospital had repeatedly failed to follow privacy regulations
 leading up to the incident. 
- The employee directly responsible for the data initially lied to
 investigators and deleted files from his computer in an effort to hide the
 magnitude of the problem.
- The vast majority of the data, including Social Security numbers and
 private health information, was not protected by passwords or computer
 encryption. It could be used to commit Medicare billing fraud or
 identity theft, the report said, and
- The employee should never have had much of it in the first place.

The report found a “dysfunctional management structure that led to an
 overall breakdown of Managers failed to provide hands-on oversight,
 improperly used non-VA e-mail and selected an insecure office location
 without properly considering data security, it said. Although VA policy
 calls for protecting data through a computer scrambling process called
 encryption, the managers decided instead to lock the external drives in
 safes. But employees often left the drives outside the safes or took them
 offsite and there was no system for monitoring who accessed the safe,
 the report said. The criminal investigation into the drive’s
 disappearance remains open, and the inspector general reported finding no
 evidence of identity theft related to the information thus far.

     The report, released 29 JUN, recommends “administrative action”
 against several employees, including the staffer, the managers of the
 program where he worked and the head of the Birmingham VA Medical Center.
 VA officials in Birmingham referred questions regarding the report to
 the national office, which did not respond to phone calls Friday
 afternoon. In a written response to the report, the department did not dispute
 the findings, management oversight, controls, and accountability” at
 the research site where the drive disappeared. The security breach
 occurred on Jan 22, when employees discovered an external computer hard
 drive missing from a satellite office that conducts specialty research on
 health care. Because the employee responsible for the drive initially
 lied about how much information was on it, the VA initially reported
 publicly that fewer than 50,000 people were affected. But investigators
 later determined that the drive contained information for more than
 250,000 veterans and about 1.3 million medical providers across the country.
 The VA, which didn’t finish sending notifications until May 22, has
 since offered free credit monitoring to nearly 900,000 people whose Social
 Security numbers appear to have been compromised. The report marks the
 latest in a series of critical assessments of VA data-security
 practices. The agency has come under scrutiny for more than a year over a
 series of lapses, including the theft last spring of data on 26.5 million
 veterans from an employee’s home in Maryland.  [Source:  Associated
 Press Ben Evans article
29 Jun 07++]     
………………………………………………………….

VETERANS PRIDE INITIATIVE UPDATE 01:  Secretary of Veterans Affairs Jim
 Nicholson is urging all veterans across the country to pin on their
 military medals this Independence Day, July 4, to show their patriotism
 and pride in their service. Nicholson said, “We want to inspire the
 American people to recognize and honor the military service of their fellow
 citizens, and to engender a greater sense of pride and satisfaction on
 the part of the veterans for what they did for our country. This
 initiative shines a bright light on millions of our fellow citizens who
 answered the needs of our nation both in peace and in war.” Nicholson
 encourages the 24 million living Americans who have served in the armed
 forces to display their medals on the Fourth of July by pinning them on
 their civilian clothing over their left breast. Nicholson first urged
 veterans to wear their military decorations last Veterans Day under a
 program called “Veterans Pride Initiative.” The Initiative asks veterans to
 wear their medals on Independence Day, Memorial Day and Veterans Day,
 and when attending other patriotic events.  Major U.S. veterans’
 organizations have endorsed the initiative. For additional information about
 the initiative refer to http://www.va.gov/veteranspride/, where veterans
 can also learn how to replace lost medals or confirm the decorations
 to which they are entitled.  [Source:  VA Press Release 29 Jun 07 ++]
…………………………………………………………

 TMOP UPDATE 07:  A two-year test authorized by the 2007 National
 Defense Authorization Act now allows Tricare beneficiaries to substitute
 over-the-counter (OTC) versions of certain prescription drugs without a
 copayment.  For now, the test includes the Tricare Mail Order Pharmacy
 (TMOP) only. Plans call for expansion to retail network pharmacies once
 program details are ironed out.  “The drugs included in this test
 initially are among the most widely prescribed— those treating
 gastro-intestinal disorders,” said Army MG Elder Granger, Deputy Director, Tricare
 Management Activity.  Known as “proton pump inhibitors,” this class of
 medications includes the prescription drugs Nexium, Prevacid, Aciphex,
 Protonix, Zegerid and Prilosec. Under the test, beneficiaries receiving a
 prescription proton pump inhibitor are eligible to receive Prilosec
 OTC, the only proton pump inhibitor available over the counter.  The
 Department of Defense Pharmacy and Therapeutic Committee found there is no
 significant clinical difference between Prilosec OTC and its
 prescription-only counterparts.  “By requesting that their doctors prescribe the
 OTC version, beneficiaries can save money on their copay, and there is
 the additional potential to save the government money as well,” said
 Granger.  OTCs are generally less expensive—by as much as 400% in some
 cases.
 
           Once the OTC test works its way to retail pharmacies,
 beneficiaries should not expect to walk into any drug store and get OTC
 products at no charge at the register, caution Tricare officials.
  Beneficiaries will still have to get a prescription from their doctor for the
 OTC drugs. Beneficiaries already taking the selected prescription proton
 pump inhibitors through the mail order pharmacy will get a letter
 telling them about the new program whenever they order medications that
 qualify them to participate in the OTC test project. Tricare encourages
 beneficiaries who haven’t used the mail order pharmacy in the past, but
 are taking medications included in the test, to get information on how to
 sign up at http://www.tricare.mil/pharmacy/tmop.cfm.  Through the mail
 order program, initially beneficiaries can get up to a 90-day supply
 and have it delivered right to their mailbox.  Medication classes under
 consideration for future testing include topical anti-fungals and
 non-sedating antihistamines. [Source: Tricare News Release 29 Jun 07 ++]
…………………………………………………………

VA DUTY TO VETERANS’ FAMILIES:  Army veteran Arvid Brown, while serving
 in Saudi Arabia during the Persian Gulf War in 1991, was bitten by
 sand flies and contracted the parasitic disease Leishmaniasis. Sand fly
  bites are the most common vector by which this infectious disease is
 transmitted to humans. Upon discharge from active duty, Mr. Brown of Flint
 was treated at Michigan VA hospitals for service related symptoms on
 over 50 visits. The VA never looked for Leishmaniasis as a cause of his
 symptoms, ignoring his service and medical history. He was finally
 diagnosed by a private physician in Michigan with Leishmaniasis in 1998.
 His wife was infected with Leishmaniasis because no one ever diagnosed
 Brown’s and told him of the infectious nature of this disease and its
 ability to be transmitted by sexual activity. Mrs. Brown gave birth to two
 children both of whom were infected with Leishmaniasis in the womb. As
 she struggled to care for her husband and look after two young
 children with cerebral palsy, her own health rapidly deteriorated. She died at
 home of cancer
     His wife and children sued the VA under the Federal Torts Claim
 Act in SEP 04 because they were infected with Leishmaniasis.  The
 Government sought to have the case dismissed claiming that the VA owed no duty
 to the Veteran’s family. The family claimed that VA doctors committed
 malpractice in not diagnosing Leishmaniasis and failing to warn the
 wife that the disease could be transmitted to her and the children. Judge
 John Corbett O’Meara of the United States District Court, Eastern
 District of Michigan, denied the Government’s Motion for Judgment on the
 Pleadings which claimed that the Government owed no duty to the family of
 a Veteran in an Order dated 18 JUN 07. The Court, relying on Michigan
 law, concluded that VA doctors do owe family members a duty to warn of
 risk when patients present with symptoms of a disease that is well known
 to be contagious. A duty of reasonable care may arise on the part of
 the Government. The case against the VA will continue and the parties
 have agreed to try the issues of liability in the fall of 2007.  [Source:
 Detroit News Paul Egan article 19 Jun 07 ++]
…………………………………………………………

VA MILEAGE REIMBURSEMENT UPDATE 01:  The VA Committee approved a Sen.
 Jon Tester [D-MT] proposal to increase the mileage reimbursement rate
 for disabled vets who have to travel for VA health care.  Previous
 attempts to increase the travel reimbursement rate never passed the VA
 Committee. Tester’s plan calls for increasing the VA’s travel reimbursement
 rate by more than 250%, from 11-cents to 28 ½ cents per mile.  The
 measure also allows the VA to increase that rate to 48 ½ cents per mile in
 the future.  It’s the first rate increase in 30 years. The VA Committee
 also approved a plan by a bipartisan trio of senators, including
 Tester, to create a $6 million grant program to give more transportation
 options to vets who live in rural areas.  It also gives the VA authority to
 create pilot projects aimed at expanding health care in rural areas.
  Tester’s health care improvements are included in S.1233, a
 comprehensive veterans’ health care improvement bill.  The bill now goes to the
 full Senate for consideration.  [Source:  Jon Tester Press Release 27 Jun
 07 ++]
…………………………………………………………

FILIPINO VET INEQUITIES UPDATE 02:  The Senate Committee on Veterans'
 Affairs on 27 JUN approved legislation authored by U.S. Senator Daniel.
 K. Inouye that corrects a wrongful action committed against Filipino
 veterans of World War II, and provides them with fair and equitable
 treatment. Under Senator Inouye's provisions that are part of the Veterans'
 Benefits Enhancement Act of 2007, Filipino veterans of World War II
 would be officially restored to full veterans status, making them eligible
 for VA benefits and healthcare services that had been denied to them.
 Here are the highlights of the Filipino equity provisions:
- Restores full veterans status to Filipino veterans of World War II
 who lost this status under the Rescission Acts of 1946. This ends a
 long-standing injustice, and fulfills our nation's promises to those who
 served.
- Pays Filipino veterans of World War II who suffer from disabilities
 incurred or aggravated by military service with service-connected
 compensation at the full rate, regardless of where they live.
- Permits Filipino veterans of World War II and survivors residing in
 the United States to receive pensions and death pensions paid at the
 same rate and under the same conditions as U.S. veterans.
- Provides Filipino veterans of World War II residing outside of the
 United States a special pension and death pension paid at a lower flat
 rate which does not require documentation of income, assets, and medical
 expenses.

The legislation has Filipino veterans and survivors residing outside of
 the United States being paid at a lower rate because pension benefits
 are not paid for disabilities related to military service.  They are
 paid to help improve the quality of life for wartime veterans and
 survivors with very low incomes. Also, virtually all elderly Filipino veterans
 of World War II are expected to have income and assets - which if
 counted under U.S. rules - would make them eligible for pensions.
  Therefore, by establishing a special pension program that is simpler and less
 costly to administer, these veterans will not have their income and
 assets counted or medical expenses deducted in determining eligibility for
 the flat rate pension. Another reason for the lower flat rate for
 Filipino veterans and survivors living outside of the United States: the
 wartime pension program requires monitoring and verification of income,
 assets, and medical expenses of pensioners.  Income is verified in the
 United States through data matches with the Social Security
 Administration and the Internal Revenue Service.  These kinds of systems are not
 available in the Philippines. The bill S.0057 now advances to the Senate
 floor for debate and vote. [Source: Senator Daniel Inouye Press Release
 29 Jun 07 ++]
…………………………………………………………

TRICARE ANESTHETIC COVERAGE EXPANSION:  Tricare will implement coverage
 for anesthesia services and associated costs for dental treatment for
 beneficiaries with developmental, mental or physical disabilities, and
 children age 5 or under beginning 1 JUL 07.  Additionally, Tricare
 encourages beneficiaries who received these services between 17 OCY 06 and
 1 JUL 07 to contact their Tricare regional contractor for help with
 reimbursement.  “Tricare will do all that is possible to ensure that
 beneficiaries receive the appropriate payment for these services received
 since 17 OCT 06” said Army Maj. Gen. Elder Granger, Tricare’s Deputy
 Director. The National Defense Authorization Act of 2007 legislated the
 change, and Tricare revised the regional contracts to expand coverage for
 the services.  The services require preauthorization through the
 regional Tricare contractors.    The change in statute does not provide
 coverage for the actual dental care services.  Coverage for dental care
 services is available through the Tricare Dental Program and the Tricare
 Retiree Dental Program. Tricare reminds beneficiaries that to avoid
 costly and extensive dental procedures requiring anesthesia, children should
 start seeing a dentist by the time their first tooth appears or by
 their first birthday; this helps to prevent tooth decay and other oral
 diseases.  “Decay is the single most common chronic childhood dental
 disease—and it’s completely preventable,” Granger said.  [Source:  Tricare
 News Release 2 Jun 07 ++]
…………………………………………………………

SSA COLA 2008:  The annual cost-of-living adjustment (COLA) for 2008
 may be one of the lowest in the history of the program.  This gloomy
 outlook is from the 2007 Social Security Trustees report dted 23 APR07 that
 recently forecast the COLA in 2008 would be just 1.4%.  For a senior
 with an average monthly benefit of $1044 in 2007 that's boost of just
 $14.60 per month next year.  The increase in Medicare Part B premiums,
 however, could take a substantial chunk, if not all of that.  But
 government experts seem unable to say just how much Part B premiums will be in
 2008.  Part B premiums pose such a problem, that Congress was told the
 estimates supplied in the 2007 Medicare Trustees report are
 substantially understated.  Under more realistic alternate projections based on
 pending legislative changes, Medicare actuaries say that monthly Part B
 premiums will increase at least $7.90, from $93.50 to about $101.40 in
 2008 for seniors with incomes under $80,000.  Actual inflation and
 legislation changes that Congress makes prior to the announcement of the
 2008 COLA and Part B premium later in the fall will affect the final
 amounts.

     To help seniors better keep pace with rising costs, two bills,
 both called "The Consumer Price Index For Elderly Consumers Act," have
 recently been introduced.  Representative Charles Gonzalez (D-TX-20)
 introduced H.R.1953 with Representative Robert Wexler (D-FL-19) as an
 original co-sponsor.  In addition Representative Peter DeFazio (D-OR-04)
 introduced H.R. 2032.  Both bills would tie Social Security COLA increases
 to the CPI for Elderly Consumers (CPI-E) that tracks the spending
 patterns of older Americans. By doing so, seniors would see much needed
 relief in their monthly checks.  For example, a senior who retired with an
 average benefit of $460 in 1984 would have received an additional
 $10,289 in benefits over the past 23 years had the government used the CPI-E
 to calculate the COLA.  Although the difference in COLAs is modest at
 first, the effect is cumulative and grows over time.  Today the senior
 who retired in 1984 with a benefit of $460 receives about $910 per
 month.  Had the government used the CPI-E however, that person would
 receive a monthly check that's $97 higher.  [Source: TSCL Newsletter Jun 07
 ++]
…………………………………………………………

RESERVE E-MAIL SYSTEM:  The Navy Reserve has brought a new e-mail
 system online that organizers hope will make it easier to communicate with
 reservists in the fleet. Lt. Adam Bashaw, spokesman for the Navy
 Reserve, said the new system allows reservists or anyone else with an interest
 in the workings of the Navy Reserve to access daily messages, media
 stories about the Navy Reserve or read other items of interest.
 Subscribers can also opt out of any category that does not interest them
 (something that the current Navy Reserve e-mail system does not allow) and can
 end their subscription whenever they wish. The system became
 operational 22 Jun 07. Navy Reserve officials hope that as many as 20,000 people
 will sign up, Bashaw said. An older Navy Reserve e-mail system has
 about 8,000 subscribers. Such a system is especially important for
 reservists because many are deployed around the world, and many of those are
 not in daily contact with their commands, he said. The new system should
 improve such communications during emergencies since it also has an
 emergency distribution list, which enables Navy Reserve officials to
 quickly reach reservists. Text messaging was often the most effective way
 for the Navy Reserve Forces Command to communicate with its sailors in
 2005 after Hurricane Katrina hit the New Orleans area, where the command
 is based.  Subscription to the e-mail system is voluntary, but the
 Navy Reserve wants as many members as it can get to sign up. People
 interested in subscribing should visit https://listserv.navyreserve.navy.mil.
  [Source: NavyTimes Chris Amos article 27 Jun 07 ++]
…………………………………………………………

RESERVE RETIREMENT AGE UPDATE 11:  A Senate proposal to provide early
 reserve retirement benefits is mostly window dressing, according to a
 report by the nonpartisan Congressional Budget Office (CBO). The plan
 approved by the Senate Armed Services Committee as part of its version of
 the 2008 defense authorization bill would allow reservists to earn
 retired pay earlier that age 60, when payments now start, for serving on
 active duty. Specifically, the plan would allow reservists who are called
 to active duty for at least 90 days to receive their retired pay three
 months earlier for every three months of service. Only time served
 after the bill becomes law would count. In a report released 24 JUN, the
 CBO estimated the provision would have “an insignificant effect” on the
 defense budget, costing as little as $35 million over the next five
 years.  The report said, “Relatively few reservists would be able to take
 advantage of this provision in the near future. As most reservists stop
 active participation in the reserves well before their 60th birthday,
 few reservists nearing retirement over the next decade will have served
 on active duty during that decade.” Despite the small impact, the
 provision — whose chief sponsor is Sen. Saxby Chambliss (R-GA) has the
 backing of the Military Coalition, an umbrella group of more than 30
 military-related organizations.  Michael Cline of the Enlisted Association of
 the National Guard of the United States (EANGUS) said, “It starts
 something. We are hoping for an amendment on the Senate floor that would,
 at least, make the benefit retroactive to cover service since Sept. 11,
 2001.”  Senator Chambliss may be trying, but what he has done has not
 made most associations very happy,” said one military association
 executive, who asked to not be identified. “Right now, this bill says to the
 600,000 or so National Guard and reserve members called up since 9/11
 that their service doesn’t count.” Senator Chambliss is also the author
 of S.0648, The National Guard and Reserve Modernization Act.  That bill
 introduced 15 FEB 07 has only gained 12 cosponsors in the Senate which
 further supports the concept of the issue being window dressing.
  [Source: NavyTimes Rick Maze article 27 Jun 07 ++]
…………………………………………………………

VA CATEGORY 8 CARE UPDATE 03:  U.S. Senator Daniel K. Akaka (D-HI),
 Chairman of the Senate Committee on Veterans’ Affairs, announced 27 JUN
 the Committee’s passage of a key provision of S. 1233, the Traumatic
 Brain Injury and Other Health Programs Enhancement Act of 2007, that would
 allow Priority 8 veterans back into the VA health care system.  The
 legislation would not modify the enrollment management provisions
 contained in the 1996 law that opened the VA system up to all veterans, but
 would merely permit the enrollment of Priority 8 veterans during Fiscal
 Year 2008 by rescinding the VA regulation that originally banned them.
 Priority 8 veterans are middle-income veterans with no service-connected
 disabilities.  For VA’s state-by-state geographical means test
 thresholds that determine Priority 8 status, go to:
 http://www.va.gov/healtheligibility/Library/pubs/GMTIncomeThresholds/

    Chairman Akaka said, “The prohibition on Priority 8 veterans
 severely affects veterans in states like Hawaii, where the cost of living is
 one of this country’s highest.  On average, a veteran making only
 $36,400 a year in Hawaii has been cut out of the VA system.  This is an
 especially unjust policy when our Nation is at war…It has long been the
 position of my Democratic colleagues and I that veterans should have
 access to VA health care services.  According to VA’s own estimates, as many
 as 1.5 million veterans have been denied care since enrollment was
 closed in 2003.  We have fought hard to see that these veterans who have
 served their country honorably get the care they deserve …In fact, many
 of these veterans will bring their own private insurance with them, and
 will continue to pay copayments for their care.  They can essentially
 contribute to the VA health care system as a whole.” S. 1233 will now
 move to the full Senate for consideration.  [Source: VA Press Release 27
 Jun 07 ++]
…………………………………………………………

CHANGING MILITARY RECORDS:  If you feel there is an error or an
 injustice in your military personnel records you can apply to your service's
 Board for the Correction of Military Records whether you are active
 duty, separated, or retired,. Any person with military records, or his or
 her heirs or legal representative, may apply to the appropriate
 service's Board. The Army, Air Force, and Coast Guard have separate boards. The
 Navy operates the Board for both Navy personnel and members of the
 United States Marine Corps. Title 10, United States Code, Section 1552, is
 the law governing correction of military records. This statute
 authorizes the Secretary of the service concerned to correct any military
 record when "necessary to correct an error or injustice." The purpose of
 this statute was to relieve the Congress from consideration of private
 bills to correct errors or injustices in military records.  The statute
 provides for the service secretaries to act through a board of appointed
 civilians in considering applications for correction of military
 records. Implementing regulations for each service are:
- AFI 36-2603, Air Force Board for Correction of Military Records,
 implements the statute within the Air Force.
- Army Regulation 15-185 implements the statute within the Army.
- The Code of Federal Regulations; Title 33, Part 52;2. implements the
 statute within the Coast Guard.
- The Navy and Marine Corps implements the statute through The Navy,
 Code of Federal Regulations; Title 32, Part 723.

You should exhaust other administrative remedies before appealing to
 your service's board. For example, you should first submit a performance
 report appeal to the appropriate appeal agency before appealing to your
 service's military records correction board.. An appeal requesting
 upgrade of discharge should normally be submitted to the service's
 Discharge Review Board under Department of Defense Directive (DoDD) 1332.28,
 Discharge Review Board (DRB) Procedures and Standards. The board will
 return your application if you have not first sought relief through the
 appropriate administrative process. You should submit your request
 within 3 years after you discover, or reasonably could have discovered, the
 error or injustice. The boards review the merits of untimely
 applications. If found to be meritorious, the timeliness is waived in the
 interest of justice. You should not assume, however, that a waiver will be
 granted. [Source: About.com: US Military Rod Powers article 25 Jun 07 ++]
…………………………………………………………

CHANGING MILITARY RECORDS UPDATE 01:  To apply for a change to your
 military records use a DD Form 149, “Application for Correction of
 Military Record” Section 1552 for submission to your service’s Board for the
 Correction of Military Records. You should complete the form very
 carefully by typing or printing the requested information. Attach copies of
 statements or records that are relevant to your case. Make sure you sign
 item 16 of the form. Mail the completed form to the appropriate
 address on the back side of the form. The Board will correct your military
 records only if you can prove that you are the victim of error or
 injustice. You do this by providing evidence, such as signed statements from
 you and other witnesses or copies of records that support your case. It
 is not enough to provide the names of witnesses. The Board will not
 contact your witnesses to obtain statements. You should contact your
 witnesses to get their signed statements with your request. Your own
 statement is important. Begin in item 9 of the DD Form 149 and continue in
 item 17, if necessary. You may also put your statement on plain paper and
 attach it to the form. Limit your statement to not more than 25 pages.
 Explain what happened and why it is an error or injustice in simple,
 direct terms.

     Normally, the best evidence is statements from persons who have
 direct knowledge or involvement. For example, statements from persons in
 your rating chain if you are contesting a performance report. Or a
 statement from the person who counseled you if you are alleging that person
 miscounseled you. Character references from community leaders and
 others who know you are helpful if you are requesting clemency based on
 post-service activities and accomplishments. This is only a general rule,
 however. You must decide what evidence will best support your case. It
 may take you some time to gather statements and records to support your
 request. You may wish to delay submission of your application until
 information gathering is complete. You should, however, submit your
 request within the 3-year time limit.

     With few exceptions, all personnel records generated by the
 military may be corrected by the Board. The Board cannot, however, change the
 verdict of a courts-martial imposed after 4 MAY 50. In these cases,
 the Board’s authority is limited to changing the sentence received on the
 basis of clemency. The Board will mail you a copy of the applicable
 service regulation at your request. Most applicants represent themselves.
 If your request is complex, you may want someone to represent you:
 Many veteran service organizations have staff members who will represent
 you in applying to the Board. You can obtain a list of these
 organizations by writing to the Board (see addresses on reverse side of DD Form
 149). You may also hire a lawyer to represent you at your own expense.
 You should name your representative on DD Form 149, item 7. The Executive
 Director of the Board must approve any representative other than a
 veteran service organization staff member or a lawyer.

      If you name a representative, the Board will normally deal with
 your representative rather than directly with you. Advice and guidance
 are available from many sources. Military Personnel specialists can
 advise you on personnel issues. Veteran service organizations will advise
 you even though you decide to represent yourself. You may discuss your
 case with a Board staff member, or you may write to the Board, and a
 staff member will respond to your questions. You may request a personal
 appearance before the Board by checking the appropriate box on DD Form
 149, item 6. The Board will decide whether a personal appearance is
 necessary to decide your case. Travel expenses are your responsibility. The
 Board grants very few personal appearances, so you should try to fully
 present your case in writing. If your request for a personal appearance
 is granted, the Board will provide you with the necessary details.

     Upon receipt of your application by the Board one or more offices
 within your military service (JAG, hospital, personnel, etc.) will
 prepare an advisory opinion on your case.  The advisory opinion will be
 sent to with your case file. If the advisory opinion recommends denial of
 your request, the Board will send it to you for comment. Remember that
 the advisory opinion is only a recommendation. The Board will make the
 decision on your case. The Board will ask for your comments on the
 advisory opinion within 30 days. You may request an additional 30 days if
 you need it. Reasonable requests are normally granted. It may be
 unnecessary for you to comment on the advisory opinion. If you have nothing
 further to say, don’t bother to respond. Failure to comment on an
 advisory opinion does not mean you agree. Nor will it prevent a full and fair
 consideration of your application. [Source: About.com: US Military Rod
 Powers article 25 Jun 07 ++]
…………………………………………………………

CHANGING MILITARY RECORDS UPDATE 02:  Each Service Secretary appoints
 high-level civilian employees who work for the military service
 concerned to serve on the Board for the Correction of Military Records.
  Service is normally an additional duty for those appointed. Usually about 47
 people serve on the Board. Members are randomly assigned to
 three-member panels for consideration of cases. Cases are randomly assigned to
 panels. Board staff members research issues and provide technical advice
 to the panel members. They do not take sides or recommend a decision to
 the panel. Panel members receive a copy of the case for study before
 they meet. They normally discuss your case in closed session before
 voting. Their decision is based on the evidence in the case file. The
 majority rules, but a dissenting member may submit a minority opinion for
 consideration by the Service Secretary or his/her designee. Following the
 vote on your case, the panel Chairperson signs a record of proceedings.
 The record of proceedings will explain the reasons for the decision on
 your case. The Service Secretary concerned has the final authority to
 accept or reject a recommendation of the Board. In most cases, it is
 accepted. When the BOC completes your case, the decision is mailed to
 you.  If relief is granted, your records will be corrected and finance
 personnel will review your case to see if you are due any monetary
 benefits. The Board is the highest level of administrative appeal and provides
 the final military decision. If your case is denied, your next step is
 to request reconsideration or file a suit in the court system. If you
 request reconsideration the Board will reconsider your case only if you
 provide newly discovered relevant evidence that was not reasonably
 available when you filed your original application. The evidence may
 pertain to the timeliness of your application or to its merits. You should
 submit your request for reconsideration within a reasonable time after
 you discover the new evidence. Re-argument of the same evidence will not
 get your case reconsidered. [Source: About.com: US Military Rod Powers
 article 25 Jun 07 ++]
…………………………………………………………

COMMUNICATING WITH CONGRESS UPDATE 02:  Calling your congressional
 representative in Washington D.C. is easier than you think.  Congress and
 the AMA have provided the following no charge numbers for constituents
 to talk to their elected officials offices located in the Capital
 Building:

1-866-272-6622 Capital Operator Direct
1-800-833-6354 AMA Grass Roots Hotline - follow prompts
1-800-828-0498 Capital Operator Direct
1-800-833-6354 AMA Grass Roots Hotline – follow prompts
1-866-340-9281 Capital Operator Direct
1-866-220-0044 Capital Operator Direct

1.  When the capitol operator answers, tell her which Senate or House
 office you want.
2.  When the office answers, tell the staffer that you are a
 constituent and that you want your Senator/Representative to vote for or against
 whichever bill you are concerned about or what other issue you have.
 For a listing of all bills refer to http://thomas.loc.gov.
3.  Provide additional information requested by the staffer
4.  Be polite and courteous, remember the staffer is simply the
 "messenger".
[Source:  MRGRG Harry Riley msg 25 Jun 07 ++]
…………………………………………………………

PTSD UPDATE 15:  Veterans returning from combat zones in Afghanistan
 and Iraq can soon opt to take part in a new post-traumatic stress
 disorder (PTSD) treatment program at the Veterans Home of California at
 Yountville. A $5.6 million private grant provided by will cover the
 fundamental costs of the program — an enterprise of San Francisco’s Tides Center
 supervised by the California Department of Veterans Affairs — and keep
 it up and running for three years, according to a press release from
 the California Department of Veterans Affairs. Called “The Pathway
 Home,” the program will counsel and treat veterans facing a range of mental
 health issues including post-traumatic stress disorder. The program
 will offer assistance from a host of professionals, including PTSD
 counselors, doctors, nurses, family therapists, physical therapists and
 dietitians. Steve Schilling, special representative for the Vets Home, said
 the program will cost approximately $1.25 million annually, adding that
 Fred Gusman of the Veterans Affairs Palo Alto Health Care System will
 direct the enterprise. The program, to be launched in AUG 07, will be
 held at Madison Hall on Vets Home grounds and can accommodate up to 40
 people at a time. Marcella McCormack, administrator of the Vets Home,
 said veterans will reside at the Vets Home for treatment from 30 to 120
 days and then return to their communities. After the completion of
 treatment, she said, veterans will keep in close contact with program
 counselors. The Veterans Home of California located at 180 California Drive
 can be contacted by mail or phone at:  P.O. Box 1200, Yountville,
 California 94599 Tel: (707) 944-4541 Fax: (707) 944-4542.  [Source: Napa
 Valley Register Natalie Hoffman article 21 Jun 07 ++]
…………………………………………………………

AO COMPENSATION [NON-VIETNAM] UPDATE 03:  As required by law, the
 Department of Veterans Affairs (VA) hereby gives notice that the Secretary
 of Veterans Affairs, under authority of the Veterans Education and
 Benefits Expansion Act of 2001, Public Law 107-103, Section 201(d), has
 determined that a presumption of service connection is not warranted (i.e.
 for conflicts other than Vietnam)  based on exposure to herbicides used
 in the Republic of Vietnam during the Vietnam Era for the following
 health outcomes:  Hepatobiliary cancers; oral, nasal, and pharyngeal
 cancer; bone and joint cancer; skin cancers (melanoma, basal, and squamous
 cell); breast cancer; female reproductive cancer (cervix, uterus, and
 ovary); testicular cancer; urinary bladder cancer; renal cancer;
 leukemia (other than chronic lymphocytic leukemia (CLL)); abnormal sperm
 characteristics and infertility; spontaneous abortion; neonatal or infant
 death and stillbirth in offspring of exposed individuals; low birth
 weight in offspring of exposed individuals; neurobehavioral disorders
 (cognitive and neuropsychiatric); movement disorders including Parkinson’s
 disease and amyotrophic lateral sclerosis (ALS); chronic peripheral
 nervous system disorders; respiratory disorders; gastrointestinal,
 metabolic, and digestive disorders (changes in liver enzymes, lipid
 abnormalities, ulcers); immune system disorders (immune suppression, autoimmunity);
 circulatory disorders; amyloid light-chain (AL) amyloidosis;
 endometriosis; effects on thyroid homeostasis; gastrointestinal tumors
 (esophagus, stomach, pancreas, colon, rectum; brain tumors; and any other
 condition for which the Secretary has not specifically determined a
 presumption of service connection is warranted.

     The Secretary’s determinations regarding individual diseases are
 based on all available evidence in a 2004 report of the National Academy
 of Sciences (NAS) and prior NAS reports. This notice generally states
 specific information only with respect to significant additional
 studies that were first reviewed by NAS in its 2004 report. Information
 regarding additional relevant studies is stated in VA’s prior notices
 following earlier NAS reports, are not repeated here. NAS reviewed scientific
 and medical articles published since the publication of its first
 report as an integral part of the process that resulted in “Veterans and
 Agent Orange: Update 2004.” The comprehensive review and evaluation of
 the available literature that NAS conducted in conjunction with its
 report has permitted VA to identify all conditions for which the current
 body of knowledge supports a finding of an association with herbicide
 exposure.  Accordingly, the Secretary has determined that there is no
 positive association between exposure to herbicides and any other condition
 for which he has not specifically determined that a presumption of
 service connection is warranted. For further information contact: Rhonda F.
 Ford, Consultant, Regulations Staff, Compensation and Pension Service,
 Veterans Benefits Administration, Department of Veterans Affairs, 810
 Vermont Avenue, NW., Washington, DC 20420, (202) 273-7210.  [Source:
 Gordon H. Mansfield, Deputy Secretary of VA notice 5 Jun 07 ++]
…………………………………………………………

NATO AIR FORCE MEDALS:   Air Force military members and civilians who
 have served 30 consecutive or accumulated days in any of four NATO
 operations may be eligible for a NATO medal. The missions are Operation
 Eagle Assist in the United States between 12 OCT 01, and 16 MAY 02;
 Operation Active Endeavor in the Mediterranean Sea that began 26 OCT 01; the
 International Security Force (ISAF) mission in the Balkans, which began
 1 JAN 03, including Bosnia-Herzegovina, the former Republic of
 Yugoslavia (including Kosovo), Croatia, Macedonia and Albania; and the ISAF
 mission in Afghanistan which began 1 JUN 03. The duty must be listed on a
 Combined Joint Statement of Requirements, and the individual must have
 a source document such as a NATO certificate, according to the Air
 Force Personnel Center. The 30-day requirement will be waived for
 individuals who were wounded or injured during the operation and had to be
 evacuated.  [Source: Armed Forces News 22 Jun 07 ++]
…………………………………………………………

VA CATEGORY 8 CARE UPDATE 02: A new study has found about 1.8 million
 U.S. veterans under age 65 lack even basic health insurance or access to
 care at Veterans Affairs hospitals.  The ranks of uninsured veterans
 have increased by 290,000 since 2000, said Stephanie J. Woolhandler, the
 Harvard Medical School professor who presented her findings yesterday
 before the House Committee on Veterans Affairs. About 12.7% of
 non-elderly veterans—or one in eight—lacked health coverage in 2004, the most
 recent year for which figures are available, she said, up from 9.9% in
 2000. Veterans 65 and older are eligible for Medicare. About 45 million
 Americans, or 15% of the population, were uninsured in 2005, the Census
 Bureau reports. Woolhandler’s findings are based on data from two
 national surveys—the Current Population Survey administered by the Census
 Bureau and the National Health Interview Survey administered by the
 Department of Health and Human Services. Veterans who said they had neither
 health insurance nor veterans or military health care were counted as
 uninsured.

     Woolhandler is a well-known advocate of guaranteeing access to
 health care for all Americans through a government-run national health
 insurance program. Republican lawmakers seized on that association to
 question whether she was trying to advance that goal with her study.
 Woolhandler said the data are sound. She has firsthand experience with the
 issue as well, she said, because as a physician she has seen uninsured
 veterans with untreated high blood pressure, diabetes and other
 conditions. The focus of the hearing was whether to open VA hospitals’ doors to
 so-called Priority 8 veterans, who have no service-connected
 disabilities and whose earnings generally are above 80% of the median income
 where they live. Doing so would add significantly to VA’s caseload and
 costs—estimates range from $366 million to $3.3 billion annually—and some
 veterans groups and lawmakers are concerned that it would make it harder
 for veterans with serious service-related health problems to get
 timely care. Only about half of the 1.8 million uninsured veterans are
 classified Priority 8, Woolhandler said. The rest may technically be
 eligible for some VA care but live too far from its facilities for it to be a
 real option, she said.

     Rep. Steve Buyer (R- IN), the committee’s ranking Republican,
 said, “Veterans Affairs should focus on its core constituent (i.e. veterans
 with service-related health problems, the indigent and those with
 catastrophic disabilities). Some say the government is obliged to provide
 essentially free health care for life to anyone who served even a year
 or two. I intend to protect the core constituency first.” But Rep. Bob
 Filner (D-CA.), the committee’s chairman, said taking care of veterans
 is a continuing cost of war. “All veterans should have access to ‘their’
 health-care system,” he said. “This is rationing health care to
 veterans, those who have served our nation. And I think it’s unacceptable for
 a nation of our wealth and our ability.”  [Source:  Washington Post
 Christopher Lee article 21 Jun 07 ++]
…………………………………………………………

COMPUTER SECURITY:  Spyware, which is a software program that installs
 itself (without your knowledge) on your computer. After it’s installed,
 the software collects information about you, and when you’re online it
 sends the information to the spyware program’s owner. Most spyware
 fits into one of two categories: Surveillance or Advertising.
  Surveillance spyware scans documents on your computer and can capture your
 keystrokes as you type. It can spy on forms you’re filling out on a Web site
 (such as your login password or your credit card number) and the text
 you enter in a chat window. Government and detective agencies have been
 known to use this type of software, as have jealous spouses. Advertising
 spyware is software that is installed when you’re installing other
 software (usually software you download from the Internet) or that is
 installed in the background while you’re visiting a Web site. It’s common
 for advertising spyware to be included (without your being told) when
 you install software that’s advertised as “No charge, if you don’t mind
 seeing advertisements when you use it.”
    One of the most pervasive distributors of spyware is software you
 download to take advantage of “peer to peer” file exchanges (for music
 and video). Advertising spyware logs information about your computer and
 about you. The information includes passwords, your Web browsing
 habits, your online buying habits, and so on.cBoth types of spyware can also
 install viruses and worms on your computer. Many of them change your
 browser settings (such as your home page), and your efforts to correct
 the changes are temporary; the spyware changes them again. One of the
 annoying features of spyware is its connection to pop-up ads. Using the
 information it has collected about you, the spyware initiates pop-up ads
 whenever you connect to a Web site.  The spyware software producer
 receives income whenever you respond to one of these pop-up ads, so the
 theory is “the more the better.” After a while, using the Internet
 becomes almost impossible because of the barrage of pop-ups. Regardless of
 your Internet Explorer controls for your children, the pop-ups often
 contain pornography.
 
     Obviously, the best way to avoid spywar intrusion is not to
 install software from the internet or use peer to peer file exchanges.  If it
 should be inadvertently installed in your computer the only way to
 remove it is to use software designed for that purpose. The following
 programs are well regarded by computer professionals to accomplish this:
 
- Spybot S&D (for Search & Destroy)
 http://www.safer-networking.org/en/download/. (No charge but donations
 requested)
- Ad-Aware from Lavasoft http://www.lavasoftusa.com.  (No charge to $40
 dependent on program desired)
- Spysweeper  http://www.spam-blockers.com/spy-sweeper.html. ($30 to
 $40 dependent on program desired)
- Windows Defender
 http://www.microsoft.com/downloads/details.aspx?FamilyId=435BFCE7-DA2B-4A6A-AFA4-F7F14E605A0D&displaylang=en
 (will not support WIN2000).  No charge.
[Source:  MRGRG Don Harribine msg 20 Jun 07 ++]
…………………………………………………………

USFSPA LAWSUIT UPDATE 13:  Twenty-six years after Congress accepted its
 invitation in the case of McCarty v. McCarty to spell out divorce
 courts’ limits for dividing veterans’ retired pay, the Supreme Court
 declined on 18 JUN 07, to review a challenge from divorced veterans that the
 resulting statute entitled the Uniform Services Former Spouses
 Protection Act (USFSPA) is unconstitutional.  Tired of unsuccessful legislative
 efforts against the statute a group of divorced veterans formed the
 USFSPA Litigation Support Group (ULSG) to challenge the law in court.
 Forty-eight divorced veterans (both men and women) affected by the law who
 served in the military’s major branches signed onto the lawsuit filed
 in 2004 in the U.S. District Court in Alexandria VA, under the title
 Adkins, et al. v.Rumsfeld, which later was renamed Adkins v.Gates, to
 reflect the replacement of the Secretary of Defense.  The lawsuit worked
 its way from the federal trial court to the U.S. Court of Appeals in
 Richmond, with both courts refusing to grant relief against the USFSPA but
 also acknowledging that the law is not airtight against attacks by
 future litigants.  The divorced veterans then petitioned the U.S. Supreme
 Court to review the USFSPA’s constitutionality.  On 18 JUN, the Supreme
 Court declined the review petition without comment.

     The USFSPA, enacted in 1982, does not give spouses a right to a
 specific amount of money in a divorce settlement. The decision whether to
 award part of retirement pay, and the amount, is up to state courts,
 and the amounts vary widely. Most pensions, including those of police
 officers and federal employees, and other occupations, are subject to
 division in divorce cases. A number of changes to the law have been made
 in the favor of former spouses, and service members need some additional
 protections. The ULSG contends that Congress may have meant well in
 enacting the USFSPA, but that the law has resulted in harsh consequences
 to divorced veterans, many of them unanticipated and unintended.  In
 this litigation, the divorced veterans asserted that among the law’s
 failings is that it does not even exempt veterans who joined the military
 before the law was ever passed. The litigants assert that this amounts
 to an unconstitutionally retroactive application of the law and
 unconstitutional taking of property, seeing that the law was passed only after
 the Supreme Court said that veterans’ retirement pay could not be
 divided in divorce court. 

     After the divorced veterans petitioned the Supreme Court to review
 USFSPA’s constitutionality, the GI-Janes and American Retirees
 Association veterans groups filed friend of the court briefs supporting the
 veterans’ petition. Signing onto the American Retirees Association’s
 brief were the Air Force Sergeants Association, the Fleet Reserve
 Association, the National Association for Uniformed Services, and the Retired
 Enlisted Association. The divorced veterans’ lead attorney, Jonathan L.
 Katz said: “The Supreme Court’s decision not to review the case does not
 reflect the Court’s view on the statute’s Constitutionality or flaws.
 The Court, having just nine justices and a mountain of annual review
 petitions, accepts only one to two percent of petitions for review. We
 look forward to future court challenges against this unjust law.” ULSG
 officer Jack Crutchfield said: “The USFSPA is unconstitutional, and this
 court challenge needed to be brought. Our legal team brought to light
 the serious flaws in this law. Thousands of divorced men and women who
 proudly served their country are victims of this unjust law and feel its
 profound financial harm daily; the law needs to be stricken.” 

     The Supreme Court judgment mirrors a long line of previous
 decisions that have upheld Congress' right to legislate changes in military
 benefits.  In the past, various groups have sued the government over laws
 that changed military retired pay adjustment methodology, deducted VA
 disability compensation from military retired pay, reduced Survivor
 Benefit Plan annuities, and charged military retirees fees for medical
 care.  In each of those cases, the Supreme Court ultimately ruled (or
 refused to return a lower court ruling) that Congress was within its
 authority to legislate the changes, and that if there are inequities in the
 laws, the way to resolve those inequities is through further legislative
 action. For further information, contact: ULSG, LLC PO Box 270337
 Tampa, FL 33688-0337 email: members@ulsg.org or http://www.ulsg.org.
  [Source: USFSPA Litigation Support Group News Release 20 Feb 07 ++]
 …………………………………………………………

VA SPINAL CORD INJURY SERVICES: In a ground-breaking ceremony 19 JUN
 for a new facility for spinal cord injuries, Secretary of Veterans
 Affairs Jim Nicholson committed the Department of Veterans Affairs (VA) to
 expand programs and open new facilities for seriously disabled veterans
 with spinal cord injuries. The new center at the Milwaukee VA Medical
 Center is a $32.5 million building and will open by 2010 to replace an
 existing converted ward in the hospital. It comes on the heels of another
 ground-breaking by Nicholson just a month ago for a new $20 million
 spinal cord injury center attached to the VA medical center in
 Minneapolis .VA is a leader in spinal cord injury health care research and
 rehabilitation, providing a coordinated lifelong continuum of services for
 eligible veterans with spinal cord injuries of all ages. VA's expertise
 in this area ranges from emergency care and surgical stabilization to
 rehabilitation, preventive care, and long-term care. The department's
 investment in spinal cord injury research is yielding practical medical
 applications such as reducing pressure ulcers and increasing the use of
 annual influenza and pneumococcal vaccinations. VA research on spinal
 cord injuries is exploring new frontiers such as nerve regeneration,
 activity-based therapies that target recovery of standing and walking
 skills and developing prosthetics that have a direct connection to the
 nervous system.

     Last year, VA spent nearly $19 million on 186 research projects
 relating to central nervous system injury and associated disorders.
 Responding to the needs of the latest generation of combat veterans, VA has
 developed a network of polytrauma rehabilitation centers that bring
 together specialists in spinal cord injury and other experts into
 multidisciplinary teams that aid injured troops with other severe disabilities
 such as traumatic brain injury, amputation, blindness, and complex
 orthopedic injuries, auditory disorders and mental health concerns. About
 80% of veterans with spinal cord injuries and disorders are at least 50
 years of age. However, many of the approximately 450 newly injured
 veterans and active-duty members who received rehabilitation at VA’s spinal
 cord injury centers last year are young adults. Treatment and
 technology have improved so that veterans with spinal cord injuries have
 increasingly longer life expectancies. Maintaining health, preventive
 medicine and early treatment of new conditions are important parts of VA’s
 lifelong care. Last year, VA provided a full range of care to nearly
 26,000 veterans with spinal cord injuries and diseases. VA's specialized
 services are delivered through 135 primary care teams or support clinics
 for spinal cord injuries at VA medical centers and through 23 regional
 spinal cord injury centers.  [Source: VA Press Release 19 Jun 07 ++]
…………………………………………………………

OVERSEAS NSO DOCUMENT REQUEST:  A person outside the Philippines can
 make a request by letter are online at
 https://www.ecensus.com.ph/Secure/frmIndex.asp to the National
 Statistics Office [NSO] for a certified copy of any document.  The fee for
 forwarding documents is $20 per document in accordance with payment options
 noted on the website.  Credit card payment on line is possible. There
 is no cancellation or refund policy. The e-Census website also contains
 a number of frequently asked questions that cover most situations.
 Additional questions can be answered by the Civil Registry Operations
 Division at L.Hufana@mail.census.gov.ph. In the initial letter or online
 request the following information must be supplied to allow NSO to locate
 the document:

Birth: Complete name of the child (first, middle, last), Complete name
 of the father, Complete maiden name of the mother, Date of birth
 (month, day, year), Place of birth (city/municipality, province), Whether or
 not registered late, If registered late, state the year when it was
 registered, Complete name and address of the requesting party,
 Relationship to the child, Number of copies needed, and Purpose of the
 certification.

Death: Complete name of the deceased person, Date of death, Place of
 death, Complete name and address of the requesting party, Number of
 copies needed, and for what purpose the certification shall be used

Marriage: Complete name of the husband, Complete name of the wife, Date
 and place of marriage, Complete name and address of the requesting
 party, Number of copies needed, and Purpose for the certification

Adoption:
1.  Information about the child prior to adoption to include: Complete
 name of the child, Complete name of the father, Complete maiden name of
 the mother, Date and place of birth,
2.  Information after adoption to include: Amended name of the child,
 Complete name of the adopting father, his occupation, religion and age
 at the time of adoption, Complete name of the adopting mother, her
 occupation, religion, and age at the time of adoption, Date when adoption
 decree was issued, Date when adoption decree became final and executory,
 Name of the court and the judge that issued the decree, Complete name
 and address of the requesting party, Number of copies needed, and
 Purpose for the certification

Legitimation: Complete name of the child, father, and mother, Date and
 place of birth, Date and place of marriage of parents, Date when the
 affidavit of legitimation was executed, Date when the affidavit of
 legitimation was registered, Complete name and address of the requesting
 party, Number of copies needed and Purpose for the certification

Dissolution of Marriage: Complete name of the husband, Complete maiden
 name of the wife, Date of marriage, Place of marriage,
Name of the court and the judge that issued the decree dissolving the
 marriage or declaring marriage void,
Address of the court, Date when the decision was issued, Date when the
 decision became final and executory, Date when the decision was
 recorded in the civil register, Complete name and address of the requesting
 party, and Purpose for the certification

No Record of Marriage:  Complete name of the person, Complete name of
 the father, Complete maiden name of the mother, Date of birth, Place of
 birth, Complete name and address of the requesting party, Number or
 copies needed, and Purpose for the certification

Others:  For certifications other than those described in this page,
 please specify the nature or contents of the certification.

     Send your letter request to Republic of the Philippines, Office of
 the Civil Registrar General, National Statistics Office, PO Box 779
 Manila Philippines or EDSA corner Times St., West Triangle, Quezon City
 1104.  Requests made through conventional postal service system are
 processed upon the receipt of payment. Online request should be submitted
 via https://www.ecensus.com.ph/Secure/frmIndex.asp. [Source: Philippine
 NSO www.census.gov.ph Jun 07 ++]
…………………………………………………………

TAPS:  Each year, hundreds of American families face the tragedy of the
 death of a loved one serving in the Armed Forces. The families left
 behind include loving parents, siblings and young spouses and school age
 children. In many cases, these families must move immediately away from
 their friends and support systems and rebuild a life that was once
 devoted to military service but is now focused on just surviving their
 traumatic loss. These families can turn to TAPS for the support that they
 deserve when they have, in the words of Abraham Lincoln, “laid so
 costly a sacrifice on the altar of freedom” The Tragedy Assistance Program
 for Survivors, Inc., is a one of a kind non-profit Veteran Service
 Organization offering hope, healing, comfort and care to thousands of
 American armed forces families facing the death of a loved one each year.
  Services available are: counseling referral, crisis information,
 caseworker assistance, and online resources.  TAPS receives no government
 funding.  Through the DoD and VA, all families faced with a death of one
 serving in the Armed Forces should be receiving information about TAPS and
 other military survivor programs.   For more info refet to
 http://www.taps.org or write/call the Tragedy Assistance Program for
 Survivors, Inc. (TAPS) National Headquarters,  910 17th Street, NW Suite
 800, Washington, DC 20006 Tel: (202) 588- 8277.  For general tnfo send
 an email to info@taps.org.  [Source: Military Report 28 May 07 ++]
…………………………………………………………

SELECTIVE SERVICE SYSTEM (DRAFT) UPDATE 04:   Contrary to popular
 belief, “only sons”, “the last son to carry the family name”, and “sole
 surviving sons” must register for the draft, they can be drafted, and they
 can serve in combat. However, they may be entitled to a peacetime
 deferment if there is a military death in the immediate family.  Provisions
 regarding the survivors of veterans were written into Selective Service
 law after World War II. Details have varied over the years, but the
 basic premise remains the same; where a family member has been lost as a
 result of military service, the remaining family members should be
 protected insofar as possible. It is important to keep in mind that the
 provisions are directly related to service-connected deaths. The mere fact
 that a man is the only child or only son does not qualify him for
 consideration - he must be the survivor of one who died as a result of
 military service.

     The present law provides a peacetime exemption for anyone whose
 parent or sibling was killed in action, died in line of duty, or died
 later as a result of disease or injury incurred in line of duty while
 serving in the armed forces of the United States.  Also included are those
 whose parent or sibling is in a captured or missing status as a result
 of service in the armed forces during any period of time. This is known
 as the “surviving son or brother” provision. A man does not have to be
 the only surviving son in order to qualify; if there are four sons in
 a family and one dies in the line of duty, the remaining three would
 qualify for surviving son or brother status under the present law. The
 surviving son or brother provision is applicable only in peacetime. It
 does not apply in time of war or national emergency declared by the
 Congress.
 
    The original law, passed in 1948, exempted the sole surviving son
 of a family where one or more sons or daughters died as a result of
 military service. No restriction existed at that time to limit the
 exemption to peacetime. The provision was intended to protect families which
 had lost a member in World War II.
In 1964, recognizing that sons of World War II veterans were reaching
 draft age, Congress changed the law to include the sole surviving son of
 a family where the father, or one or more sons or daughters, died as a
 result of military service. At this time the peacetime-only
 restriction was also added to the law. A further change was made in 1971,
 expanding the exemption to any son, not necessarily the sole surviving son, of
 a family where the father, brother or sister died as a result of
 military service. This provision was recently expanded to include mothers.
 In addition to peace-time draft deferment, the Department of Defense
 authorizes discharges for any son or daughter in a family in which the
 father or mother or one or more sons or daughters:
- Have been killed in action or have died when serving in the U.S.
 Armed Forces from wounds, accident, or disease.
- Are in a captured or missing-in-action status.
- Have a permanent 100% Service-related disability (including 100%
 mental disability), as determined by the Veterans’ Administration or one of
 the Military Services, and are not gainfully employed because of the
 disability.

Under the provisions of DOD Directive 1315.15, this is a voluntary
 separation procedure which must be initiated by the service member. It does
 not apply during times of War or National Emergency declared by
 Congress. It also does not apply to commissioned officers or warrant officers
 unless they were involuntarily drafted into the Armed Forces (as there
 is currently no draft going on, that means commissioned officers and
 warrant officers cannot be released from service under this provision).
 Additionally, service members who enlist, reenlist, or voluntarily
 extends his or her active duty period after having been notified of the
 family casualty on which the surviving status is based shall be considered
 as having waived his or her rights for separation as a surviving son
 or daughter. A member who has waived his or her right to a separation as
 a surviving son or daughter may request reinstatement of that status
 at any time. However, a request for reinstatement shall not be granted
 automatically, but shall be considered on the merits of the individual
 case.  [Source: About.com: U.S. Military Rod Powers article 15 Jun 07
 ++]
…………………………………………………………

VA HOMELESS VETS UPDATE 04:  A recently completed Congressional
 Research Service (CRS) report on homeless veterans says the wars in Iraq and
 Afghanistan have contributed to a sharp rise in the number of homeless
 military veterans.  The report shows:
- Female veterans were as much as four times more likely to become
 homeless than non-veteran women.
- Male veterans nearly twice as likely to become homeless than
 non-veterans.
- The largest group of homeless vets comes from those who enlisted
 after Vietnam.
- Although experiences in combat and Posttraumatic Stress Disorder are
 contributing factors to homelessness, studies have found no unique
 association between combat-related PTSD and homelessness.
- Since Vietnam, most veterans do not normally become homeless within
 the first 10 years of separation.  (Note: This is contradictory to a DEC
 06 Iraq Veteran Project study prepared by the Swords to Plowshares
 veterans’ advocacy group which said that troops who’ve served in Iraq and
 Afghanistan are becoming homeless sooner than their predecessors -
 seeking housing services within months after returning from Iraq.)
- There are currently five federal programs specifically designed to
 assist homeless veterans, these programs will require about $270 million
 in 2007, and future costs are on the rise. (Note: This leaves many
 veterans’ advocates concerned that the current VA budget and infrastructure
 will not be able to respond to the needs of an ever-increasing number
 of homeless and at risk veterans in the coming years.)

According to the Iraq Veteran Project report, the VA has created a list
 of factors that can help prevent homelessness, including employment
 assistance, transition assistance, rehabilitation, medical care,
 commensurate employment, compensation award and work therapy. Congress is
 taking notice.  In APR 07 Sen. Obama introduced legislation dubbed the
 “Homes for Heroes Act”, which would establish grant and voucher programs to
 encourage development of affordable housing targeted for veterans. In
 addition, Sen. Daniel Akaka (D-HI) has introduced a bill that would
 institute a program in which the VA and DoD would work together to identify
 returning members of the armed services who are at risk of
 homelessness. On the other side of the aisle, Sen. Larry Craig (R-ID), has said,
 “The number of homeless on any given night is too high and we are
 working hard on Capitol Hill to turn those numbers around.” In response to
 congressional pressure, the Pentagon recently partnered with several
 federal agencies to create an online portal called “Turbo TAP” designed to
 help veterans get the information, counseling, and access to the
 services they need to ensure a successful transition from military to
 civilian life. [Source: Military.com Terry Howell article 18 Jun 07 ++]
 …………………………………………………………

VET CEMETERY FLORIDA UPDATE 06:   On 15 JUN the U.S. House approved
 $27.8 million in federal funding to construct a national veterans cemetery
 in Sarasota County Florida.  The funding is included in the Fiscal
 Year 2008 Military Construction and Veterans Affairs Appropriations Act
 (H.R. 2642), which provides a necessary increase in federal funding to
  meet the needs of our nation’s military and honor our commitment to our
 veterans.  The Sarasota National Veterans Cemetery is currently in the
 design phase.  It will be located on 295 acres of land purchased in
 April by the Veterans Administration.  Construction is planned for May
 2008 with the first burials anticipated in OCT 08, with the entire first
 phase of the project expected to be complete in 2011.  The 60 acre site
 will provide 25,700 casket and cremation burials.   The entire property
 is expected to provide burial capacity beyond the year 2050.  The
 cemetery funding in this bill will help ensure that the nearly 400,000 area
 veterans can be placed to rest close to home and with the honor and
 dignity the deserve. [Source: Rep. Vern Buchanan Press Release 20 Jun 07
 ++]
…………………………………………………………

SBA VET ISSUES UPDATE 04:  Congressman Vern Buchanan’s (R-FL-13) bill
 to help veterans make the transition from military life to the business
 world was approved unanimously 18 JUN by the U.S. House. The “SBA
 Veterans’ Programs Act of 2007” (H.R. 2366), introduced by Buchanan last
 month,  requires the SBA to increase its outreach to veterans and
 authorizes federal funding for grants and services to help veterans start,
 manage, or grow a small business.  The SBA veterans’ programs bill
 authorizes small business grants between $75,000 and $250,000 each, provides
 online counseling and distance learning for veterans and members of the
 Armed Forces, increases coordination among organizations that assist
 veterans, and creates a marketing campaign to promote awareness regarding
 SBA programs for veterans.  The bill also requires the SBA to increase
 the number of Veterans Business Outreach Centers, which provide
 business training, counseling, technical assistance, and mentoring by at least
 four over the next two years and to establish a Women Veterans
 Business Training Resource Program to compile and disseminate information on
 resources available to women veterans for business training.  Finally,
 the bill requires an independent study to identify gaps in the
 availability of outreach centers.  Buchanan’s bill was cosponsored by 19
 bipartisan Members of Congress, including House Small Business Committee
 Chairwoman Nydia Velazquez (D-NY) and Ranking Member Steve Chabot (R-OH).
 Buchanan is a member of the House Small Business Committee, and a member
 of the House Committee on Veterans’ Affairs. The measure now goes to
 the Senate for consideration.  [Source: Buchanan Press Release 19 Jun 07
 ++]
…………………………………………………………

VA BUDGET 2008 UPDATE 06:  The Senate Appropriations Subcommittee for
 Military Construction and VA Funding approved their version of the
 fiscal year 2008 funding bill 14 JUN. The legislation will provide more than
 $87.5 billion to fund the VA. This includes $44.4 billion for
 mandatory veterans’ benefits and a record $43 billion in discretionary spending
 which is $6.5 billion above last year’s funding level. Included in the
 bill:
- $3.6 billion for medical administration.
- $4.1 billion for medical facilities.
- $500 million for medical and prosthetic research.
- $29 billion for Medical Care, with money set aside for polytrauma
 care, mental health services, and specialized treatment for TBI and PTSD.
- $1.3 billion for the Veterans Benefits Administration to allow for
 the hiring of more than 500 new disability claims processors to tackle
 the backlog of compensation claims.
- $1 billion above the President’s request for minor construction and
 nonrecurring maintenance of VA hospitals and facilities to avoid the
 same type of deterioration as at Walter Reed. 

The bill is before the full Senate Appropriations Committee, and if
 cleared there, would move to the full Senate for a vote. If approved, the
 Senate bill would then need to be matched up with the version moving
 through the House to resolve differences before presenting it to the
 President for his signature. The House version has similar funding levels.
  [Source: VFW WA Weekly 18 Jun 07 ++]
…………………………………………………………

VA PROJECT HERO:  Project HERO is a demonstration project that is being
 piloted in selected Veterans Integrated Service Networks (VISNs) to
 maximize the care VA provides directly and better manage Fee care. The
 project has the potential to reduce VA contract costs while improving
 access, accountability, care coordination, patient satisfaction and
 clinical quality. The ultimate goal of Project HERO is to ensure all care
 delivered by VA - whether through VA providers or community partners - is
 of the same quality and consistency for all veterans.  Under this
 program The Department of Veterans Affairs (DVA) can give private HMOs and
 other health networks access to a multibillion-dollar market for
 veterans’ care that the companies hope, and veterans fear, could open a new
 era of outsourcing. The nation’s major veteran’s organizations have
 fought a fierce but behind-the-scenes battle since a pilot program began to
 take shape in FEB 06.  At an industry day gathering, VA invited
 executives from dozens of private health networks to bid for contracts giving
 the government discounts in exchange for a potential bonanza.  Some
 executives say they are aggressively pursuing that business and more.
 
    Despite its flaws, the VA health care system is widely regarded as
 among the best in the nation. A nearly united front of veterans groups
 argues that the pilot project is a step toward privatizing work now
 done at VA hospitals and clinics. Nevertheless, the DVA expects to award
 five-year contracts next month that could put hundreds of thousands of
 procedures under HMOs. The contracts will cover four multistate DVA
 administrative regions that include the veterans’ haven of Florida, 11
 other mostly rural states and portions of another 12. The project
 underscores wartime strains on the VA health care system despite huge hikes in
 the department’s budget since the wars in Iraq and Afghanistan began.
 Some in Congress have chafed at the spending and support alternatives.
  Veterans complain about long waits for appointments and other problems
 they want fixed internally. Private health providers see the VA’s
 shortcomings and growing patient load as a business opportunity. The VA
 spends an estimated $2 billion to $2.5 billion a year nationwide on care
 outside its hospitals and clinics. That is mostly in cases where the VA
 lacks equipment, is up against backlogs or does not have a presence in
 rural areas.

     Project HERO, short for Healthcare Effectiveness through Resource
 Optimization, would allow spending on many outsourced procedures to
 rise by up to twice last year’s amounts. Veterans say that means the
 department plans to greatly expand its use of private care at the expense of
 equipment, staff and other needs inside the VA. VA officials in charge
 of the project declined several requests for interviews and to provide
 data supplied to private companies for use in bids due last month.
 Some companies clearly see a long-term opportunity that could be expanded
 nationally. Health care giant Humana Inc., for example, formed a new
 unit, Humana Veterans Healthcare Services, in FEB to pursue Project HERO
 and other potential outsourcing opportunities at the VA. The House and
 Senate appropriations committees in late 2005, required a program of
 this sort in a little-noticed paragraph of a report accompanying the
 fiscal 2006 spending bill. GOP lawmakers at the time were concerned about
 rapid increases in VA funding. The intent of the 2005 order was to
 better manage spending outside the VA system and achieve savings through
 contracts rather than simply paying fees. Veterans groups have advocated a
 program to accomplish that, but they say the VA has expanded this
 project far beyond better management of current outsourcing.    

     When the department released its initial proposal last summer,
 veterans groups were stunned. The plan would have allowed spending on
 procedures in the contracts to rise up to fivefold across the board and
 would have allowed the project to spill outside the four multistate
 regions designated as official demonstration zones. Veterans shelled the plan
 until the VA tabled it a month later. In January, the DVA issued a
 scaled-back proposal, which has since been amended several times but fails
 to satisfy veterans groups.. The VA asserts in available materials
 that Project HERO will remain limited to services the government system
 cannot provide. Veterans groups say the guts of the proposal suggest
 otherwise.
The House appropriations committee, which proposed this program,
 predicted it could save $400 million a year. People involved in the project,
 including corporate executives, said they have no sense of the savings
 or the ultimate government spending on private work because details of
 how Project HERO will be administered are unclear. “We see a potential
 for a lot of care going out to these contractors, swallowing up,
 getting their foot in the door and getting whatever they can,” said Joy Ilem,
 a lobbyist for Disabled American Veterans.  For more info on Project
 HERO refer to http://www.va.gov/hac/hero.  [Source: Sarasota
 Herald-Tribune Cory Reiss article 18 Jun 07 ++]
…………………………………………………………

VETERAN DISINTERMENT:   Picking up and moving a deceased family member
 is something most people do not think about. The vast majority of
 families consider the final resting place to be final.  The decision is made
 when a person’s desire to have his/her loved one nearby overcomes any
 desire to leave a grave undisturbed. Funeral and cemetery directors say
 the scenarios are complicated and endless. National veterans’
 cemeteries charge nothing for any services they provide for disinterment. The
 disinterred get a new gravesite, a free headstone and are even entitled
 to another volunteer honor guard service when the new grave is sealed.
  However, the family is responsible for the arrangements and cost of
 the movement from one gravesite to another.  The veteran cemetery
 personnel dig down to the casket. When they stop digging that is where a
 funeral home comes in. A funeral director has to be present while a vault
 company extracts either the casket or the vault it is encased in. The
 vault company loads it into a hearse or van or, if the entire vault is
 moved, onto a flatbed and drives it to the new resting place.  It unloads
 it into the new grave and seals it, again under the eye of a funeral
 director. This can cost $2500 and up dependent on where and how far the
 new gravesite is located.  The funeral director will normally take care
 of any permits required.  Veterans Affairs does not keep track of how
 much it costs them to disinter, officials said. But it can be
 time-consuming, especially in sandy Florida where it can take up to six hours to
 unbury a casket if the soil does not hold tight.  Sandra Beckley, who
 runs the new national cemetery in Georgia and the future director of
  the Florida Sarasota cemetery when it opens in the fall of 2008 said,
 “Whether it takes a couple of hours or a half-day to re-dig a grave, the
 agency considers it a service veterans are entitled to. Burial at a VA
 cemetery is a benefit for the veteran and his honorable service, and if
 the family wishes to do a disinterment, it is their right.”  [Source:
 Tampa Tribune Gretchen Parker article 17 Jun 07 ++]
…………………………………………………………

CREDIT CARD PENALTIES:   Congress has held hearings twice this year to
 grill credit card executives on their fees and billing practices and
 the added heat on plastic providers may leave you with more cold cash.
  Following are some changes that have been implemented since those
 hearings: 

- Citigroup has dropped the "universal default" penalty on all its
 cards. This clause allows card issuers to boost interest rates to as much
 as 35% if a cardholder is late paying any other, unrelated bill—such as
 a mortgage—even if the customer has never been late with a credit card
 payment. To see if your card carries a universal default penalty,
 contact your card issuer.
- Citigroup also announced it would cease its "any time for any reason"
 interest rate increases. An any time policy gives a card issuer carte
 blanche to boost interest rates without an explanation—even for
 customers who have met all payment and deadline terms. The company is
 reserving the right to raise rates and fees on existing accounts only if
 cardholders pay late, exceed the credit limit or if their payment check
 bounces.
- Chase Visa is switching its cards to daily average balance to
 calculate interest and abandoning two-cycle billing. The change will reduce
 finance charges for anyone who chooses not to pay off a new purchase in
 full.
[Source: AARP Bulletin Jun 07 ++]
…………………………………………………………

ENVIRONMENTAL CERTIFICATE TRAINING PROGRAM:   Returning military
 veterans can pursue a career in environmental restoration/conservation,
 receive a monthly stipend of $1,000, and use other education benefits such
 as their GI bill and Washington’s veteran tuition waivers, under a new
 program being co-sponsored by the Washington State Department of
 Veterans Affairs. The ten-month program will be located at Renton Technical
 College and Green River Community College as part of the Veterans
 Conservation Corps (VCC), with classes beginning in SEP 07. The program will
 be a mix of classroom work and on the job training on projects in King
 County.  The requirements for enrollment in the program include:
- A returning veteran from Operation Iraqi Freedom/Operation Enduring
 Freedom/Operation Noble Eagle.
- An interest in learning skills towards environmental
 restoration/conservation inclusive of: Erosion and sediment control techniques;  stream
 restoration;  GPS/GIS/Surveying;  Heavy equipment operation around
 environmentally sensitive areas;  Permitting, project management, small
 business contracting with natural resource agencies, storm-water
 mitigation, etc.
- A willingness to work and learn intensely for 10 months/40 hours a
 week.
- An ability to get to school every day at Renton.  (Funding may be
 available to assist qualified veterans with relocation expenses.).
- An interest in transitioning from a military mission to a personal
 mission of working to protect the environment and the future of our
 region.

Assistance may be available for veterans with housing transitions, when
 necessary, and the program will also provide other support services to
 ensure that the veteran is getting help in all areas of their life.
 The VCC also plans to assist with job placement during and after the
 program is completed. The veterans will be working and learning with each
 other most of the time, rather than mixed in the general college
 community. Arrangements for screening and enrollment can be made by contacting
 Mark Fischer or Mark Seery at (360) 725-2224 or markf@dva.wa.gov or
 marks@dva.wa.gov. For more information on veterans programs in
 Washington state, refer to  www.dva.wa.gov.  [Source:  Washington DVA News
 Release 14 Jun 07 ++]
…………………………………………………………

DOD MENTAL HEALTH TF UPDATE 04:  Secretary of Defense Robert Gates
 received the Department of Defense Task Force on Mental Health results and
 forwarded them to the Congress on 14 JUN. The department will have six
 months to develop and implement a corrective action plan. Dr. S. Ward
 Casscells, assistant secretary of defense for health affairs said, “This
 report points to significant shortfalls in achieving goals and taking
 care of our service members and their families. We will continue to
 address the need for mental health care in order to reinforce our
 commitment to providing the best care in the world to our service members and
 their families who deserve no less. Significant findings include:
- Mental health care stigma remains pervasive and is a significant
 barrier to care.
- Mental health professionals are not sufficiently accessible to
 service members and their families.
- There are significant gaps in the continuum of care for psychological
 health.
- The military system does not have enough resources, funding or
 personnel to adequately support the psychological health of service members
 and their families in peace and during conflict.

Implementation of recommendations and remedies to support our service
 members has already begun, to include:
- Military services have established dozens of deployment health
 clinics around the country.
- Mental health providers have been embedded in line units in Iraq and
 Afghanistan to perform initial treatment for combat stress and post
 -traumatic stress disorder.
- Service members are receiving additional mental health training to
 de-stigmatize when they need to reach out for help.
- The services are currently proactively exploring options to
 adequately resource their mental health care providers.

The Task Force on Mental Health was congressionally directed and
 organized in JUN 06 to assess and recommend actions for improving the
 efficacy of mental health services provided to service members and their
 families. It includes seven DoD members and seven non-DoD members. The
 report can be viewed on the health affairs Web site at
 http://www.ha.osd.mil/dhb/mhtf/MHTF-Report-Final.pdf .  [Source: DoD
 News Release 15 Jun 07 ++]
…………………………………………………………

WOUNDED WARRIOR ASSISTANCE UPDATE 01:   The Senate Armed Services
 Committee, chaired by Sen. Carl Levin (D-MI), took a major step on 14 JUN by
 unanimously approving S.1606, the "Dignified Treatment of Wounded
 Warriors Act."  This comprehensive package of initiatives proposed by Levin
 and 29 bipartisan co-sponsors would address the problems highlighted
 in media articles and subsequent government studies concerning problems
 faced by outpatients at Walter Reed and other military and VA
 facilities.  Sen. John Warner (R-VA) emphasized the need for a balanced
 perspective on Walter Reed, saying the new legislation in no way reflects
 negatively upon military medical professionals who work so hard to deliver
 quality care.  Sen. Daniel Akaka (D-HI), who chairs the Veterans Affairs
 Committee, said the legislation is important to provide a truly
 seamless transition for wounded warriors. Members of the committee offered 30
 amendments, of which 29 were approved.  Among many other changes, the
 bill would require:

- Development of a comprehensive DoD/VA policy by January on the care,
 management, and transition needs for members with combat-related
 injuries.
- Enhanced care for medically retired servicemembers and certain
 caregiver family members for combat-injured personnel in military or VA
 hospitals.
- A comprehensive DoD/VA plan for prevention, diagnosis, mitigation,
 and treatment of traumatic brain injury and post-traumatic stress
 syndrome, to include cognitive screening before and after deployment.
- A DoD/VA Interagency Program Office to develop and implement a joint
 electronic medical record.
- Additional recruitment and enhanced hiring authority to address the
 shortfall of mental health and other health professionals.
- Revision of the military disability evaluation system, to include use
 of VA standards to make disability determinations, accounting for all
 medical conditions that render a member unfit for duty, review of the
 services' recent disability separation determinations, and increased
 severance pay for certain disability separates.
- Upgrades for facilities housing military patients.
- Development of a handbook for wounded warriors containing a
 comprehensive description of compensation and other benefits’
[Source:  MOAA Leg Up 15 Jun 07 ++]
…………………………………………………………

COLA 2008 UPDATE 05:  The Bureau of Labor and Statistics announced the
 MAY 07 consumer price index, which is used to calculate the annual cost
 of living adjustment for military retired pay and annuities. The CPI
 had its sixth straight increase for FY2007 - 0.8% above April's value.
 The CPI now stands at 2.3% above its starting point at the beginning of
 the fiscal year in October 2006.  [Source:  MOAA Leg Up 15 Jun 07 ++]
…………………………………………………………

VDBC UPDATE 18:  A Center for Naval Analysis (CNA) study sparked some
 controversy at the 8 JUN meeting of the Veterans Disability Benefits
 Commission when CNA analysts told the Commission that VA disability
 compensation amounts are too low for younger severely disabled vets, but may
 be too high for those disabled later in life. To put these comments in
 perspective, the CNA study was looking at how well VA disability
 benefits succeeded in replacing lost earnings for disabled vets compared to
 non-disabled vets. The analysis highlighted that those who become
 severely disabled at younger ages face an additional financial penalty
 because their earning careers are cut short, whereas those afflicted by
 severe disabilities later in life have had an opportunity to accumulate
 larger savings from military and post-service earnings.  That means the
 earnings disparity with non-disabled vets is less for older people than
 younger people. If you look at the overall average, CNA said, VA
 disability payments just about make up the earnings differential.  But when you
 break it out by age, there are significant differences. While there
 was general acknowledgment of the particular inequity faced by younger
 disabled members, some commissioners reacted sharply to the idea that
 those disabled at later ages are overpaid. The bottom line is that
 replacing lost earnings is a major element in that equation, but not the only
 one.  A perennial source of contention is the extent to which VA
 compensation also should recognize decreased quality of life (pain,
 suffering, loss of body function, etc.).  CNA analysts said they found little
 evidence that that factor has played a major role in establishing VA
 disability payment rates.  [Source:  MOAA Leg Up 15 Jun 07 ++]
…………………………………………………………

DIGITAL CAMERA BASICS:  Digital camera use can be severely hindered if
 you don’t understand some of the workings of the digital camera. So
 here are a few simple things you need to know about digital cameras to
 help maintain your photo shooting:

Shutter Lag:  This can result in missing a shot because something
 moved. It is the pause between pressing the shutter and the onset of the
 actual exposure or picture taking. Many digital cameras have a noticeable
 shutter lag because they auto-focus after you press the shutter button.
 With most digital cameras you can get the picture you want without the
 lag by pressing the shutter button half-way down as you set up the
 picture. This will lock in the focus, and, when you press the shutter
 button down fully, the shutter lag time will be greatly lessened.
LCD Screens: Using the LCD screen is one of the biggest battery drains.
 If your digital camera has a viewfinder, as most do, you can use it
 instead of the LCD to frame your picture to conserve battery power. Using
 the viewfinder also has two other advantages — it will help reduce
 shutter lag, and it is easier to use in bright sunlight.
Memory Cards: There are a few important things to remember about using
 memory cards.
- Don’t remove the memory card while the camera is processing a photo.
- Working with a very low battery can corrupt all the pictures on your
 memory card, so be sure to keep those batteries charged.
- If you use a card reader to transfer the pictures to the computer,
 move or copy the pictures to the computer before you try to edit or
 delete them. Deleting a photo directly from a memory card can corrupt the
 card.
Digital Zoom: Digital zoom is an electronic zooming of the image. It
 can cause a noticeable degradation of the image. In fact, it is added to
 digital cameras today only because it is much cheaper than optical zoom
 and makes the camera sound more powerful. If you want to make sure
 your photos are crisp and clear when you zoom in, use only the optical
 zoom. If your camera has digital zoom, see the instructions that came with
 your camera to find out how to turn it off.
Naming Pictures: Some cameras name all of the images in sequence from
 the same starting point. So when you move a set of pictures to the
 computer the next images are given the same numerical names as the previous
 set of pictures. Many a user has moved the second set to the computer
 and inadvertently overwritten some precious memories from the first set
 of pictures. Be sure to learn how your camera names the pictures, and
 also be sure to give your photos more meaningful names once you get them
 onto your computer.
JPEG Format: Most cameras take pictures using a JPEG format (also shown
 as JPG). This is a compressed format. Each time you change and save a
 JPEG the photo is recompressed and you lose some of the details
 (clarity) of the photo. Although the degradation is not noticeable until the
 photo is resaved many times, it is always best to save a copy of the
 original photo before you start editing and changing the photo.
[Source: AARP Webletter by Sandy Berger 21 OCT 05]
…………………………………………………………

PROSTRATE PROBLEMS UPDATE 03:  The traditional two-step approach of PSA
 testing and digital rectal examination has helped doctors identify
 prostate tumors early, while the cancers can still be cured.  But PSA
 testing, like many disease-screening procedures, misses some cases of
 cancer and in other cases erroneously highlights noncancerous conditions. In
 the first clinical study of a new blood protein associated with
 prostate cancer, researchers have found that the marker, called EPCA or early
 prostate cancer antigen, can successfully detect prostate cancer in
 its earliest stages. At the same time, the marker successfully avoids the
 problem of false positive results that plagues prostate-specific
 antigen (PSA) testing.  Initial study results appeared in the 15 MAY 05
 issue of Cancer Research. Robert H. Getzenberg, Ph.D., professor of urology
 and director of research at the James Buchanan Brady Urological
 Institute at Johns Hopkins is heading the study.  Getzenberg said, “This new
 blood test, when coupled with PSA screening, may help reduce the number
 of both unnecessary biopsies and undetected prostate tumors.  In
 addition to being highly sensitive to prostate cancer, the EPCA test is also
 very specific to it, meaning that other cancers and benign prostate
 conditions are not detected, thus boosting doctors’ confidence that a
 positive EPCA test is really a sign of prostate cancer. Once this test is
 refined and approved for general use, it will have an impact on the
 detection and treatment of prostate cancer.”
     Every year about 1.6 million men with high PSA levels have
 biopsies for which about 80% turn out to be cancer-free. An updated report on
 the test in the Prostrate Cancer Winter 2007 noted in tests of more
 than 600 men, even in men where PSA has failed, EPCA-2 is almost 100%
 specific for prostate cancer, and picks up greater than 90% of the prostate
 cancer patients. Also, EPCA-2 does not appear to be elevated in
 conditions like BPH and prostatitis. And, EPCA-2 can detect the presence of
 prostate cancer in men with normal PSA levels. EPCA-2 may even be able
 to distinguish the deadliest cancers, which quickly develop the ability
 to spread beyond the prostate, from those that are less aggressive.
  More tests are needed, and EPCA-2 will soon be studied in a large,
 multicenter trial, with the goal of obtaining FDA approval for its use.
 [Source: Johns Hopkins Medicine articles 2007 ++]
…………………………………………………………

TEXAS TUITION WAIVER DENIALS:  Two Texas veterans are challenging in a
 federal lawsuit a state policy barring them from receiving college
 tuition waivers because they were legal residents but not yet U.S. citizens
 when they entered the service.  The two are honorably discharged
 veterans who served in the Gulf War and have since become U.S. citizens. The
 case focuses on the veterans’ exclusion from the Texas Hazlewood Act,
 a benefit that exempts those who were legal residents of Texas at the
 time they entered the military from paying tuition and some fees at
 state colleges. Both plaintiffs are college graduates who have exhausted
 the money from their GI bill. One, wants to obtain a master’s degree in
 education from West Texas A&M in Canyon and the other wants to seek a
 Ph.D. in finance from the University of Texas at San Antonio. Typically,
 someone in their position could depend on the Hazlewood Act to continue
 their education. But the application for the Hazlewood waiver asks
 whether the applicant was a U.S. citizen upon entering the military. If
 the answer is no, the application instructs the person not to continue
 the process.  Their attorney, Carlos Becerra contends the application
 requirement deters many veterans who otherwise would have applied for the
 Hazlewood exemption. [Source: Associated Press Anabelle Garay article
 28 Jun 07 ++]
…………………………………………………………

VETERAN LEGISLATION STATUS 30 JUN 07:  On 28 JUN, the House and Senate
 adjourned for their Independence Day recess until noon 9 JUL.  Prior to
 adjournment the Senate reached a unanimous-consent agreement to resume
 consideration of the National Defense Authorization Act (S. 1585) on 9
 JUL, following morning business.
     For a listing of Congressional bills of interest to the veteran
 community that have been introduced in the 110th Congress refer to the
 Bulletin attachment.  By clicking on the bill number you can access the
 actual legislative language of the bill and see if your representative
 has signed on as a cosponsor. Support of these bills through
 cosponsorship by other legislators is critical if they are ever going to move
 through the legislative process for a floor vote to become law.  A good
 indication on that likelihood is the number of cosponsors who have signed
 onto the bill. A cosponsor is a member of Congress who has joined one
 or more members in his/her chamber (i.e. House or Senate) to sponsor a
 bill or amendment. The member who introduces the bill is considered the
 sponsor.  Members subsequently signing on are called cosponsors. Any
 number of members may cosponsor a bill in the House or Senate. At
 http://thomas.loc.gov you can also review a copy of each bill,
 determine its current status, the committee it has been assigned to, and if
 your legislator is a sponsor or cosponsor of it.  To determine what bills,
 amendments your representative has sponsored, cosponsored, or dropped
 sponsorship on refer to http://thomas.loc.gov/bss/d110/sponlst.html.
  The key to increasing cosponsorship is letting our representatives know
 of veterans feelings on issues.  At the end of some listed bills is a
 web link that can be used to do that. Otherwise, you can locate on
 http://thomas.loc.gov who your representative is and his/her phone
 number, mailing address, or email/website to communicate with a message or
 letter of your own making.  [Source: RAO Bulletin Attachment 30 Jun 07
 ++] 
…………………………………………………………

Lt. James "EMO" Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA
 Baguio City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (760) 839-9003 when in U.S. & Cell: 0915-361-3503 when in
 Philippines.
Email: raoemo@sbcglobal.net (Primary) & raoemo@mozcom.com (Alternate)
Web: http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member

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