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RAO Bulletin Update
1 June 2007


THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:

== VA Health Care Funding [08] --- (Mandatory vice Discretionary)
== Mobilized Reserve 30 MAY 07 --------------- (Net Increase 4940)
== Red Cross Scam -------------------------------- (Phony Calls)
== GI Bill of Rights [01] --------------------- (New Legislation)
== Tattoo Laser Removal ---------------- (New Techniques Available)
== Jets for Vets ----------------- (Non- Relative Travel Option)
== AFRC Virginia Beach VA ----------------------- (Cape Henry Inn)
== Military Health Care TF [06] ----- (Fee Increase- Recommended)
== Veteran Legislation 2007 [02] ------------- (House Passes 6 Bills)
== VA Clinic Openings [04] -------------------------- (38 in 22 States)
== Gold Star Parents Annuity Act ---------- ($125 Monthly Pension)
== Passport Obtainment [01] ---------------------- (Current Situation)
== State Veterans Home Program [01] -------- (LTC New Approach)
== Tricare Uniform Formulary [19] ---------- (AUG Tier 3 Changes)
== Avandia Safety Alert ---------------- (Diabetes Type II Medicine)
== AO & Prostrate Cancer ---------------------- (PSA Tests Essential)
== VA Claim Backlog [08] ---------------------- (Increased Funding)
== VA CBI ---------------------------------- (Help-line Service)
== TMOP [06] ---------------------------------------- (Zero Copay Test)
== NDAA 2008 [02] --------------------- (House Initiatives Opposed)
== NDAA 2008 [03] ----------------------- (Amendments/Provisions)
== Reserve Retirement Age [10] ---------- (House NDAA Inclusion)
== Vet Cemetery Colorado ------------------------- (H.R.1660 Status)
== Gulf War Syndrome [03] ------------------- (Sarin Gas Exposure)
== VA Bonuses [02] ------------------------- (HR 2292 Would Block)
== Stolen SSN Usage ---------------------------- (Impact on Benefits)
== Military Unemployment Compensation --------- (Vet & Spouse)
== VA Success Questioned ------ (McClatchy Newspaper's Report)
== Veteran Legislation Status 30 MAY 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.


VA HEALTH CARE FUNDING UPDATE 08:   On the heels of Memorial Day, Rep.
Phil Hare (D-IL), a member of the House Committee on Veterans’ Affairs,
introduced the Assured Funding for Veterans Health Care Act of 2007, a
bill to make VA health care a mandatory spending item within the
federal budget. He was joined by co-sponsors of the bill and representatives
from the American Legion, the Iraq and Afghanistan Veterans of America,
the VFW, the Disabled American Veterans, the Blinded Veterans
Association, and the Disabled American Veterans. Below are his remarks, as
prepared.  Hare made a number of remarks in support of the legislation which
included wake-up calls for the following: 
- The fact that a backlog of 600,000 VA disability claims is not only
inefficient, it’s immoral.
- The fact that our nation’s vet centers are short on staff and many
veterans suffering from PTSD are going without the counseling they need.
- The fact that it’s hypocritical to say you support the troops while
our wounded soldiers are living in rat-infested rooms at Walter Reed.
- The fact that it is wrong to give senior VA officials lucrative
bonuses at the same time veterans are waiting in line to see a doctor.
- The fact that the way we budget for the needs of our veterans is
inadequate in an era of terror.
- The fact that the VA actually ran out of money the last 2
years—suffering shortfalls of $1 billion in 2005 and $2 billion in 2006.
- The fact that VA health care is currently the only major federal
health program that is not funded through mandatory appropriations.

He commented that the system is broken and said, “It is nearly
impossible to continue to meet the growing needs of our veterans through
discretionary spending. It is a 19th century solution to a 21st century
challenge”. The Assured Funding for Veterans Health Care Act of 2007 has 73
co-sponsors, including the Chairman of the House Veterans’ Affairs
Committee.  In addition, the idea of multi-year funding has bipartisan
support. Representative Smith of New Jersey, a Republican, has introduced
legislation to fund VA health care in two-year blocks. [Source:
Congressman Phil Hare Press Release 24 May 07 ++]


MOBILIZED RESERVE 30 MAY 07:  The Army, Air Force and Marine Corps
announced the current number of reservists on active duty as of 30 MAY 07
in support of the partial mobilization. The net collective result is
4940 more reservists mobilized than last reported for 9 MAY 07. At any
given time, services may mobilize some units and individuals while
demobilizing others, making it possible for these figures to either increase
or decrease. Total number currently on active duty in support of the
partial mobilization for the Army National Guard and Army Reserve is
67,769; Navy Reserve, 5,391; Air National Guard and Air Force Reserve,
6,181; Marine Corps Reserve, 6,651; and the Coast Guard Reserve, 356. This
brings the total National Guard and Reserve personnel, who have been
mobilized, to 86,348, including both units and individual augmentees.  A
cumulative roster of all National Guard and Reserve personnel, who are
currently mobilized, can be found at
http://www.defenselink.mil/news/May2007/d20070530ngr.pdf .  [Source:
DoD News Release 30 May 07 ++]


RED CROSS SCAM:   The American Red Cross has learned about a new scam
targeting military families. This scam takes the form of false
information being told to military families.  A caller (young-sounding, American
accent) calls a military spouse and identifies herself as a
representative from the Red Cross. The caller states that the spouse's husband
(not identified by name) was hurt while on duty in Iraq and was
med-evacuated to a hospital in Germany. The caller states they couldn't start
treatment until paperwork was accomplished, and that in order to start the
paperwork they needed the spouse to verify her husband's social
security number and date of birth.  American Red Cross representatives
typically do not contact military members/dependents directly and almost
always go through a commander or first sergeant channels. In addition,
American Red Cross representatives will contact military members/dependents
directly only in response to an emergency message initiated by your
family. The Red Cross does not report any type of casualty information to
family members. The Department of Defense will contact families
directly if their military member has been injured. Should any military family
member receive such a call, they are urged to report it to their local
Family Readiness Group or Military Personnel Flight.

     Military family members are urged not to give out any personal
information over the phone if contacted by unknown/unverified individuals,
to include confirmation that your spouse is deployed.  It is a federal
crime, punishable by up to 5 years in prison, for a person to falsely
or fraudulently pretend to be a member of, or an agent for, the American
National Red Cross for the purpose of soliciting, collecting, or
receiving money or material.  The American Red Cross ensures that the
American people are in touch with their family members serving in the United
States military by operating a communications network that is open
24-hours, 7 days-a-week, 365 days-a-year.  Through a network of employees
and volunteers at Red Cross national that link families during
emergencies, access to emergency financial assistance, confidential counseling,
community support headquarters, local chapters, on military
installations, and deployed with troops, the Red Cross offers a broad range of
services. Among these services, the Red Cross provides communications for
families left behind, assistance to veterans, and preparedness courses
for military personnel and their families   For more information refer
to the American Red Cross website at http://www.redcross.org/.  [Source:
Red Cross Press Release 30 May 07 ++]


GI BILL OF RIGHTS UPDATE 01:  Senator Hillary Rodham Clinton (D-NY) and
Patrick Murphy (D-PA), former U.S. Army Captain and Iraq war veteran,
announced 16 MAY that they have introduced legislation in both chambers
of Congress (H.R.2385 & S.1409) to enact a new GI Bill for the 21st
Century. The new legislation, the 21st Century GI Bill of Rights Act of
2007, will expand educational, housing and entrepreneurial opportunities
for soldiers, veterans and their families.  The Act will guarantee
eligibility to all servicemembers -- Active Duty, National Guard, and
Reserves -- who have served since September 11, 2001 and deployed overseas
in support of a combat operation. Eligibility will also be extended to
Active Duty personnel who have served a minimum of two years on Active
Duty since September 11, 2001, and National Guard and Reserve personnel
who have served a minimum aggregate of two years on Active Duty since
September 11, 2001. The Clinton-Murphy bills will:

- Increase Education Opportunities. The act will fund undergraduate
education for servicemembers - eight college semesters of tuition, fees,
books, room and board, and other educational costs (commensurate with
costs paid by non-veterans). The education grant also can be used for
specialized trade or technical training, and certification and licensing
programs for both veterans and disabled veterans. Participants will not
be required to pay into the program to receive grants.
- Increase Veterans Housing Opportunities. The act will exempt
Veterans from paying loan fees and expand opportunities for veterans to
purchase, build, repair or improve a home by increasing access to low
interest loans through the Veterans Affairs Home Loan Guaranty Loan Program
for homes valued up to $625,000. The current program requires loan fees
and is capped at the conforming loan rate of $417,000.
- Increase Veterans Entrepreneurial Opportunities. The Clinton-Murphy
bill would establish a Veterans Microloan Program, administered by the
Department of Veterans Affairs and the Small Business Administration.
The program would provide Veterans microloans for entrepreneurial
ventures up to $100,000 with interest rates capped at 2.5 percent and without
requiring collateral. The program would also direct the Department of
Veterans Affairs to provide Veterans counseling, technical assistance,
and community outreach assistance.
[Source:  Sen. Clinton Press Release 16 May 07 ++]


TATTOO LASER REMOVAL:  It is estimated that close to 10% of the U.S.
population has some sort of tattoo. Eventually, as many as 50% of them
want to have laser tattoo removal. Newer laser tattoo removal techniques
can eliminate your tattoo with minimal side effects. Here's how it
works: lasers remove tattoos by breaking up the pigment colors of the
tattoo with a high-intensity light beam. Black tattoo pigment absorbs all
laser wavelengths, making it the easiest to treat. Other colors can only
be treated by selected lasers based upon the pigment color. Because
each tattoo is unique, removal techniques must be tailored to suit each
individual case. In the past, tattoos could be removed by a wide variety
of methods but, in many cases, the scars were more unsightly than the
tattoo itself. Patients with previously treated tattoos may also be
candidates for laser therapy. Tattoos that have not been effectively
removed by other treatments or through home remedies may respond well to
laser therapy providing the prior treatments did not result in excessive
scarring.

     You want to make sure you find a reputable dermatologist or
cosmetic surgery center to ensure proper treatment and care. If possible, you
should obtain a recommendation from your family physician for a
dermatologist or skin surgery center that specializes in tattoo removal.
Depending on the size and color of your tattoo, the number of treatments
will vary. Your tattoo may be removed in two to four visits, though many
more sessions may be necessary. You should schedule a consultation,
during which time a trained professional will evaluate your personal
situation and advise you on the process. Treatment with the laser varies from
patient to patient depending on the age, size and type of tattoo
(amateur or professional). The color of the patient's skin, as well as the
depth to which the tattoo pigment extends, will also affect the removal
technique.

     In general, this is what will happen during an office visit for
tattoo removal using the newer lasers:
- Protective eye shields are placed on the patient.
- The skin's reaction to the laser is tested to determine the most
effective energy for treatment.
- The treatment itself consists of placing a hand piece against the
surface of the skin and activating the laser light. As many patients
describe it, each pulse feels like a grease splatter or the snapping of a
rubber band against the skin.
- Smaller tattoos require fewer pulses while larger ones require more.
In either case, the tattoo requires several treatments and multiple
visits. At each treatment, the tattoo should become progressively lighter.
- Immediately following treatment, an ice pack is applied to soothe the
treated area. The patient will then be asked to apply a topical
antibiotic cream or ointment. A bandage or patch will be used to protect the
site and it should likewise be covered with a sun block when out in the
sun.

 Most patients do not require any anesthesia. However, depending on the
location of the tattoo and the pain threshold for the patient, the
physician may elect to use some form of anesthesia (topical anesthesia
cream, painkiller injections at the site of the procedure). There are
minimal side effects to tattoo removal by lasers. However, you should
consider these factors in your decision:
- The tattoo removal site is at risk for infection. You may also risk
lack of complete pigment removal, and there is a slight chance that the
treatment can leave you with a permanent scar.
- You may also hypopigmentation, where the treated skin is paler than
surrounding skin, or hyperpigmentation, where the treated skin is darker
than surrounding skin.
- Cosmetic tattoos like lip liner, eyeliner and eyebrows may darken
following treatment with tattoo removal lasers. Further treatment of the
darkened tattoos usually results in fading.

Thanks to newer technology, treatment of tattoos with laser systems has
become much more effective with very little risk of scarring. Laser
treatment is often safer than many traditional methods such as excision,
dermabrasion or salabrasion (i.e. using moist gauze pads saturated with
a salt solution to abrade the tattooed area) because of its unique
ability to selectively treat pigment involved in the tattoo.
     Since tattoo removal is a personal option in most cases and is
considered a cosmetic procedure, most insurance carriers will not cover
the process unless it is medically necessary. Physicians or surgery
centers practicing tattoo removal may also require payment in full on the
day of the procedure. If you are considering tattoo removal, be sure to
discuss associated costs up front with the physician, and obtain all
charges in writing before you undergo any treatment.  Note: The
information provided here is designed to provide general information only and is
not a replacement for a physician's advice. For details pertaining to
your specific case, arrange a consultation with a physician experienced
in the use of tattoo lasers. [Source: WebMD article 25 May 07 Reviewed
by the doctors at The Cleveland Clinic, Department of Dermatology ++]


JETS FOR VETS:  Freedom Is Not Free (FINF) is sponsoring a program
called Jets for Vets in order to ease the burden of the cost of
transportation for wounded military personnel and their families.  The program
enables volunteers to make would-be empty travel seats available on
private jets to those wounded while serving.  "Non-conforming" relatives such
as fiancés, best friends, grandparents, and significant others who do
not qualify for Department of Defense travel benefits may also take
advantage of the program.  For more information or to request a flight
through the Jets for Vets Program, refer to
http://www.freedomisnotfree.com/Partnerships.aspxwebsite. FINF is an
a-political, non-partisan 501(C)3 non-profit organization registered with
the Registry of Chartiable Trusts which receives no federal, state or
governmental support or funding. [Source: NAUS Weekly Update for 25 May
07 ++]


AFRC VIRGINIA BEACH VA:  The Army recently opened the Cape Henry Inn, a
military-only resort in Virginia Beach VA. The Inn offers 120 rooms,
two swimming pools, two outside cabanas, playgrounds and outside grills. 
The Army Family and Morale, Welfare and Recreation Command plan to
expand the property over the next two years with additional rooms and
conference facilities. Those individuals who are Active Duty, Retired,
Reserve military, or DoD civilian must make reservations.  For more
information, visit the website http://www.capehenryinn.com/contact.htm or
telephone the Inn at (757) 422-8818.  [Source: NAUS Weekly Update for 25 May
07 ++]


MILITARY HEALTH CARE TF UPDATE 06:  At a briefing before the Defense
Health Board, the Task Force on the Future of Military Health Care
revealed its support for higher Tricare premiums, fees and co-pays for
military retirees under age 65.  This DoD-appointed task force will formally
release its interim report to Congress on 31 MAY.  Although the
specifics are not detailed, some of their preliminary recommendations are: 
- Reviewing TRICARE contracts to ensure they contain the flexibility
required to allow for inclusion of best business practices.
- Altering pharmacy incentives (including beneficiary copays) to
encourage use of the lower-cost mail-order system.
- Rebalancing" beneficiary fees "at or below" the share of DoD costs
they represented when TRICARE was implemented in 1996 (the co-chairs
indicated beneficiaries under 65 paid 11% of DoD costs in 1996 vs. 4%
today;  DoD leaders previously cited those figures as 27% and 14%,
respectively).
- Phasing in beneficiary fee increases over 3 to 5 years.
- Establishing a formula for regular fee increases in the future.
- Increasing the catastrophic expense cap (currently $1,000 for active
duty families and $3,000 for retiree/survivor families).
- Establishing a tiered fee structure, with members in higher grades
paying larger fees.
- Requiring independent audits to ensure TRICARE pays only after any
other insurance available to beneficiaries has paid.
 
     In announcing preliminary recommendations, Co-chair Gail Wilensky
noted the importance of increasing fees yet ensuring premiums would not
be more of a burden for retirees and families than fee levels were when
Tricare was started in 1996.  The co-chair suggested that Congress
consider a one-time boost in military pay to help soften the blow.  Some of
the other recommendations include a full review of DoD pharmaceutical
acquisition procedures, regular audits of the Defense Enrollment
Eligibility Reporting System (DEERS), and closer screening of patients by MTF
personnel for other health insurance coverage.  [Source: MOAA Leg Up 25
May 07 ++]


VETERAN LEGISLATION 2007 UPDATE 02:  The House passed six bills before
the Memorial Day recess to expand benefits and services for veterans.
The bills now move to the Senate for consideration. A brief description
is provided below:
- HR 0067 establishes a grant program for state veterans outreach
activities.
- HR 0612 extends eligibility for health care for combat service in the
Persian Gulf or future hostilities from two years to five years after
discharge or release.
- HR 1470 requires VA to provide chiropractic care and services at all
medical centers by 2011.
- HR 1660 directs the Secretary of Veterans Affairs to establish a
national cemetery for veterans in the southern Colorado region.
- HR 2199 authorizes five new research centers for the treatment of
individuals with traumatic brain injuries. It also authorizes $7.5 million
for a pilot program of mobile veterans' centers to improve access to
readjustment counseling for returning veterans.
- HR 2239 expands eligibility for vocational rehabilitation benefits to
servicemembers awaiting medical discharge.
[Source:  VFW Washington Weekly 25 May 07 ++]


VA CLINIC OPENINGS UPDATE 04:  Secretary of Veterans Affairs Jim
Nicholson on 29 MAY announced plans to open 38 new clinics in 22 states. The
new facilities, called community-based outpatient clinics, or CBOCs,
will become operational by October 2008.  Local VA officials will keep
communities and their veterans informed of milestones in the creation of
the new CBOCs. VA's Proposed Sites for the New Outpatient Clinics are:

Alabama -- Childersburg
Arkansas -- Pine Bluff
Florida -- Jackson & Putnam
Georgia – Camden County & Stockbridge City
Idaho -- North Idaho
Indiana -- Elkhart County & Knox
Iowa -- Carroll, Cedar Rapids, Marshalltown & Shenandoah
Kansas -- Hutchison
Kentucky -- Madison (Berea), Daviess & Grayson County
Maryland -- Andrews Air Force Base & Ft. Detrick
Michigan -- Alpena County & Clare County
Missouri -- Branson &Jefferson City
Montana -- Cut Bank & Lewistown
Nebraska -- Bellevue
Ohio -- Hamilton & Parma
South Carolina -- Aiken & Spartanburg
South Dakota -- Wagner & Watertown
Tennessee -- Hawkins & Madison
Utah -- Western Salt Lake Valley
Virginia -- Charlottesville
Washington -- Northwest
West Virginia -- Monongalia
[Source:  VA Press Release 29 May 07 ++]


GOLD STAR PARENTS ANNUITY ACT:  In remarks on 24 MAY to the Gold Star
Wives of America, Sen. Hillary Clinton announced that she will
reintroduce legislation in the Senate to create a special monthly pension of
$125 for Gold Star parents - surviving mothers and fathers whose sons or
daughters lost their lives while serving in the Armed Forces during a
period of war. Under the Clinton's bill, the monthly stipend would be for
life and would be in addition to any other pension or benefit to which
they may be entitled.  Clinton introduced the Gold Star Parents Annuity
Act in the 108th and 109th Congresses and co-sponsored a previous
version of the Gold Star Parents Annuity Act when that legislation was
introduced during the 107th Congress by former Senator Max Cleland. 
[Source:  Sen. Clinton Press Release 24 May 07 ++]


PASSPORT OBTAINMENT UPDATE 01:  A passport is an internationally
recognized travel document that verifies the identity and nationality of the
bearer. A valid U.S. passport is required to enter and leave most
foreign countries. Only the U.S. Department of State has the authority to
grant, issue or verify United States passports. For info on obtaining a
passport refer to
http://www.travel.state.gov/passport/passport_1738.html.  Five Things
to Know About Passports are:

1. At present a passport is not needed for land or sea travel to the
Caribbean, Bermuda, Canada or Mexico.
2. There is a lot of information available on-line at the State
Department’s consular affairs web site www.travel.state.gov -- what you need
to bring when you apply for a passport, how to check the status of your
application after it is submitted and how to send an e-mail to Passport
Services if you have additional questions or need to communicate with
them about the status of your application.
3. The State Department is receiving a very large number of telephone
calls from customers right now. To address this, they have dispatched
additional temporary staff to their call center. If you are traveling or
need your passport in order to get a visa within the next two weeks,
call 1(877) 487-2778. Representatives are available from 07-2400 M-F EST
except holidays. 
4. Routine processing time for a passport is now about ten weeks.
Expedited processing is about four weeks. The Department is doing everything
possible ina an attempt to bring those times back to their normal six
weeks and two weeks respectively.
5. There is an optional question on the passport application asking for
departure date and destination.  If filled out it  It helps to get the
passport to customers in time for their trip.
[Source:  Rep. Cathy Rodgers (R-WA-05) website May 07 ++]


STATE VETERANS HOME PROGRAM UPDATE 01:  Legislation which would allow
the U.S. Department of Veterans Affairs to take a new approach to the
long-term care needs of veterans was introduced this week by U.S. Senator
Larry Craig.  The goal of the State Veterans Home Modernization Act
(S.1441) is to transition the state home program from one focused heavily
on beds to one that offers flexibility for home and community-based
care. According to data by the Department of Veterans Affairs, at the
current rate of Congressional funding, it will take nine years to fund all
of the new state home construction projects currently on VA’s list.
Craig said, “That doesn’t include any new applications. But even as we
move to build more facilities, I fear if we don’t begin to transition to a
more non-institutional family-focused approach to care, we may find
ourselves 15 years from now, staring at thousands of empty state home beds
wondering what to do with half of them." He noted that modern
technology and newer long-term care approaches already enable people to live at
home longer and happier. "It used to be that when people reached a
certain age, the only option was a nursing home. Now the general public is
using assisted living facilities, where seniors can live in their own
apartments but have professional help nearby as needed.   Craig said,
“Americans are able to live at home using professionals who come by, once
a day or a few times a week.  We need to allow state homes to have that
same kind of options when thinking of providing care to veterans. My
legislation will allow them that flexibility."  [Source: Senate Committee
on Veteran Affairs Press Release 23 May 07 ++]


TRICARE UNIFORM FORMULARY UPDATE 19:  Selected medications are
continuing on the TRICARE Uniform Formulary and 10 others have been designated
as nonformulary (or third tier) effective 1 AUG 07, announced Army MG
Elder Granger, Tricare Management Activity deputy director. The
following drugs as reported in Update 18 will have nonformulary (or third tier)
status: Sonata, Roserem; Ambien CR, Ultram ER, Travatan, Travatan Z;
Istalol, Betimol, and Emsam. For a complete list of the status and
effective date see the TRICARE press release at
http://www.tricare.mil/pressroom/news.aspx?fid=282.  First-tier
medications (formulary generics) are available through a Tricare Retail
Pharmacy for $3 copays for up to a 30-day supply, and through the Tricare
Mail Order Pharmacy (TMOP) for $3 copays for up to a 90-day supply.
Beneficiaries may purchase second-tier medications (formulary brand-name) for
$9 for up to the same number of days through a Tricare Retail Network
Pharmacy or through the TMOP. By using TMOP, beneficiaries may save up
to 66% on prescriptions. Beneficiary cost-shares in non-network
pharmacies are higher.

     Beneficiaries taking third-tier medications may consult their
health care providers about changing to a first- or second-tier
alternative. When providers prescribe medications, beneficiaries should ask if a
generic alternative is available that would provide the same clinical
results in that drug class. Beneficiaries can also ask providers if
establishing medical necessity for the third-tier medication is appropriate.
If medical necessity is established for a third-tier medication, the
co-payment is reduced to $9. Third-tier medications are not available at
military treatment facility (MTF) pharmacies unless an MTF provider
establishes medical necessity and writes the prescription. Medical
necessity forms and criteria are available at
www.tricare.mil/pharmacy/medical-nonformulary.cfm. For a complete list of medications, their formulary
status and where they are available refer to
www.tricareformularysearch.org/dod/medicationcenter/default.aspx. For information on the Tricare
Retail Pharmacy and locations, and TMOP refer to 
www.express-scripts.com/TRICARE or call (866) 363-8779 for the retail pharmacy or (866)
363-8667 for the mail order pharmacy. For information about the Uniform
Formulary Beneficiary Advisory Panel review process, visit
http://www.tricare.mil/pharmacy/BAP. [Source: DoD MHS Press Room News 9
May 07 ++]


AVANDIA SAFETY ALERT:  The U.S. Food and Drug Administration (FDA) is
aware of a potential safety issue related to Avandia (rosiglitazone), a
drug approved to treat type 2 diabetes. Safety data from controlled
clinical trials have shown that there is a potentially significant
increase in the risk of heart attack and heart-related deaths in patients
taking Avandia. However, other published and unpublished data from
long-term clinical trials of Avandia, including an interim analysis of data
from the RECORD trial (a large, ongoing, randomized open label trial) and
unpublished reanalysis of data from DREAM (a previously conducted
placebo-controlled, randomized trial) provide contradictory evidence about
the risks in patients treated with Avandia.  Patients who are taking
Avandia, especially those who are known to have underlying heart disease
or who are at high risk of heart attack should talk to their doctor
about this new information as they evaluate the available treatment options
for their type 2 diabetes.

     FDA's analyses of all available data are ongoing. FDA has not
confirmed the clinical significance of the reported increased risk in the
context of other studies. Pending questions include whether the other
approved treatment from the same class of drugs, pioglitazone, has less,
the same or greater risks. Furthermore, there is inherent risk
associated with switching patients with diabetes from one treatment to another
even in the absence of specific risks associated with particular
treatments. For these reasons, FDA is not asking GlaxoSmithKline, the drug's
sponsor, to take any specific action at this time. FDA is providing
this emerging information to prescribers so that they, and their patients,
can make individualized treatment decisions.
 
    Avandia was approved in 1999 for treatment of type 2 diabetes, a
serious and life threatening disease that affects about 18 to 20 million
Americans. Diabetes is a leading cause of coronary heart disease,
blindness, kidney failure and limb amputation. Since the drug was approved,
FDA has been monitoring several heart-related adverse events (e.g.,
fluid retention, edema and congestive heart failure) based on signals seen
in previous controlled clinical trials of Avandia alone and in
combination with other drugs, and from postmarketing reports. FDA has updated
the product's labeling on several occasions to reflect these new data,
most recently in 2006. The most recent labeling change for Avandia also
included a new warning about a potential increase in heart attacks and
heart-related chest pain in some individuals using Avandia. This new
warning was based on the result of a controlled clinical trial in
patients with existing congestive heart failure.

     Recently, the manufacturer of Avandia provided FDA with a pooled
analysis (meta analysis) of 42 randomized, controlled clinical trials in
which Avandia was compared to either placebo or other anti-diabetic
therapies in patients with type 2 diabetes. The pooled analysis suggested
that patients receiving short-term (most studies were 6-months
duration) treatment with Avandia may have a 30-40% greater risk of heart attack
and other heart-related adverse events than patients treated with
placebo or other anti-diabetic therapy. These data, if confirmed, would be
of significant concern since patients with diabetes are already at an
increased risk of heart disease. Avandia is manufactured by
GlaxoSmithKline, which is based in Research Triangle Park, N.C.  [Source:  FDA Press
Release 21 May 07 ++]


AO & PROSTRATE CANCER:  A new study shows exposure to Agent Orange (AO)
in the Vietnam War appears to boost veterans' risk for a recurrence of
prostate cancer even after the organ is surgically removed.  And if the
cancer does return, it tends to be more aggressive among veterans
exposed to AO than in those not exposed to the chemical defoliant.  Black
veterans are especially vulnerable to these tough-to-treat recurrences.
Lead researcher Dr. Sagar Shah, a urology resident physician at the
Medical College of Georgia, will present his team’s findings at the annual
meeting of the American Urological Association, in Anaheim CA. He noted
that Vietnam veterans PSAs [prostate specific antigen levels] should be
checked regularly and that they be screened aggressively for prostate
cancer. The sooner it is identified the more treatment options are
available.

    Exposure to dioxin and AO has long been linked to increased risks
for a variety of malignancies, including leukemia’s, lymphomas, prostate
cancer and lung tumors, according to Phil Kraft, program director for
the National Veterans Services Fund, which lobbies on behalf of U.S.
veterans. AO contains dioxin, which, Shah said, "isn't really a tumor
mutagen -- it doesn't cause cancer -- but it is a tumor-promoter. So, if
the cancer is there, it makes it more prominent." In the new study,
Shah's team sought to determine if there were any differences in the rate or
type of prostate cancer recurrences seen among a group of 1,653 black
and white Vietnam veterans -- 199 of whom had been exposed to Agent
Orange. All of the veterans were treated after first being diagnosed with
prostate cancer between 1990 and 2006. Their treatment included surgical
removal of the prostate gland. Examination of biopsy samples under a
microscope showed no pathological differences between the tumors of men
exposed to Agent Orange and those who were not exposed.  Differences did
emerge, however, when the researchers compared rates of "biochemical
recurrence."

     Biochemical recurrence means that blood levels of the marker
prostate-specific antigen (produced by prostate cancer cells) rose sharply
and steadily in the months after surgery. Doctors routinely test men for
their blood levels of PSA to help spot prostate cancer. In this study,
the shorter the time it took for a man's PSA level to double, the more
aggressive his cancer appeared to be. Veterans exposed to AO had a
higher relative risk of having a biochemical recurrence than unexposed
veterans.  The researchers found the rate of post-surgical prostate cancer
recurrence among white veterans rose by 42% if they had been exposed to
AO, compared to non-exposed veterans, Black veterans exposed to the
herbicide fared even less well, with a recurrence rate that was 75% higher
than their non-exposed peers. And when prostate cancer did recur among
veterans exposed to AO, "it seemed that they had a much shorter PSA
doubling time, a surrogate for aggressiveness," Shah said. Among black men
with a cancer recurrence, PSA levels doubled in just nine months for
those exposed to AO, compared to 16 months for those unexposed to the
toxin.

     “Why might black Vietnam veterans be most vulnerable? Numerous
studies conducted among the general population have already suggested that
genetics or other factors put black American men at higher prostate
cancer risk compared to whites. In addition, black troops serving in
Vietnam were also more likely to have higher levels of exposure than whites.
They were more likely to be ground troops and less likely to be
officers away from AO exposure," Shah said.  He stressed that the study did
not look at recurrence rates for prostate cancer patients treated with
methods other than surgery -- for example, with radiation. "We just don't
know about those outcomes," he said. 

     In a separate study the June 2007 issue of Harvard Men's Health
Watch reported researchers have found that men between ages 40 and 64 who
drink an average of four to seven glasses of red wine per week are only
52% as likely to be diagnosed with prostate cancer as those who do not
drink red wine. In addition, red wine appears particularly protective
against advanced or aggressive cancers. Even low consumption amounts
seemed to help, and for every additional glass of red wine per week, the
relative risk declined by 6%. Many doctors are reluctant to recommend
drinking alcohol for health, fearing that their patients might assume
that if a little alcohol is good, a lot might be better. The Harvard Men's
Health Watch notes that men who enjoy alcohol and can drink in
moderation and responsibly may benefit from a lower risk of heart attack,
stroke, diabetes, and cardiac death. [Source: Washington Post Health Day
E.J. Mundell article 20 May 07 ++]


VA CLAIM BACKLOG UPDATE 08:  U.S. Senator Blanche Lincoln (D-AR)
announced that her proposal to help our nation's veterans receive the
benefits they have earned and deserve has been included in a final budget
agreement. Lincoln's provision provides the VA an additional $70 million to
address the growing backlog of pending disability compensation claims.
The provision addresses the growing backlog of pending disability
claims by providing $65.4 million to hire an additional 600 disability
claims processors. The amendment also provides $4.1 million to hire an
additional 32 processors for the Board of Veterans Appeals and provides the
one-year cost for increased training resources and quality measures
with $400,000 for Training and Performance Support Systems and $400,000
for Skills Certification. Last year, the backlog of pending compensation
and pension claims was 586,008. The most time-consuming and
labor-intensive claims to process are the disability claims, which require ratings
decisions. The number of disability claims received by the VA has
increased nearly 23% since 2000. Last year, the backlog of disability claims
was at 371,839. Today, it has grown to 405,536. 

     The Bush budget proposal requested 8,320 direct compensation
full-time employees (FTE), an increase of 457 FTE over last year's request.
Lincoln's provision provides an additional 600 direct compensation FTE
to allow the Board of Veterans Appeals (BVA) to more effectively
address the growing backlog of pending disability claims as well as its
current incoming workload.  As the VA receives and adjudicates more claims,
the result will be a larger number of appeals which will make it more
difficult for them to address its growing backlog of claims.  BVA staff
has decreased since 2001 in spite of the number of cases it receives
growing by 82.5%.  It is estimated to reach 40,000 at the end of 2007.
With current staffing the appeals resolution time is estimated to
increase to 700 days next year. The Bush budget proposal recommended an
increase of $2.5 million (totaling $58.5 million) to hire an additional 31
FTE to cope with the increases. The Lincoln proposal increases this to
$4.1 million to bring the BVA's FTE level to approximately 500 and would
allow the BVA to better handle its incoming caseload, improve its
timeliness, and reduce its existing backlog.  [Source:  Sen. Lincoln Press
Release 17 May 07 ++]


VA CBI:  The National Office of Compliance and Business Integrity (CBI)
and the National Center for Ethics in Health Care joined together to
celebrated National Compliance and Ethics Week, 20-26 MAY. National
Corporate Compliance and Ethics Week is an industry tradition celebrated by
health care systems across the country. The goal is to raise awareness
of Compliance and Business Integrity (CBI) and IntegratedEthics (IE)
throughout VA. CBI provides reasonable assurance that VHA’s business
operations follow all applicable laws, regulations and policies and promote
standards of excellence in business practices. CBI operates a help-line
service (866) 842-4357 where VA employees, veterans or their family
members can report alleged compliance incidents for investigation. IE
builds on VA’s reputation for quality and innovation in health care. It
paves the way for ethics quality to encompass all levels of health care
quality through a national, systematic, integrated approach to ethics in
health care.  [Source: Secretary of VA VSO Liaison article 21 May 07++]


TMOP UPDATE 06:  Rep. Gus Bilirakis (R-FL-09) wants the Pentagon to
find ways to cut its pharmacy costs without penalizing beneficiaries.  The
Defense Department has complained repeatedly that most retirees obtain
their medications through retail outlets, which is far more expensive
to the government than Tricare's mail-order pharmacy (TMOP) system.  To
date, the Pentagon's only proposal to change that behavior has been to
propose raising retail pharmacy copays by nearly 70% to try to drive
more beneficiaries to use the mail-order system. Rep. Bilirakis has
introduced H.R.2319,  a bill that would require the Pentagon to test a
positive-incentive approach.  It calls for a two-year pilot program,
starting by MAR 08, under which at least 2,000 beneficiaries who currently use
only retail pharmacies would be offered free access to the mail-order
system to refill prescriptions for their maintenance medications. 
Participants would be shown how much that would have saved them over the
previous year, and would be provided information on how to enroll in the
mail-order program to have the medications delivered to their door at no
cost. Bilirakis' bill would require DoD to work with beneficiary
associations to develop the details of this "beneficiary-friendly" program. 
The Secretary of Defense would have to report to Congress on the
results of the program, including surveys of beneficiary satisfaction and
data on cost savings of the program for beneficiaries and the government. 
If the Pentagon is serious about saving money on pharmacy costs, it
should be willing to expend a little planning effort and 41 cents in
postage to generate hundreds (or in many cases, thousands) of dollars in
savings for each participating beneficiary.  [Source:  MOAA Leg Up 18 May
07 ++]

 
NDAA 2008 UPDATE 02:  As the House of Representatives prepared to pass
its fiscal 2008 defense authorization bill, the White House urged
lawmakers to reconsider a host of costly personnel initiatives added by the
Armed Services Committee. In spite of this all were included in the
House proposal.  Initiatives opposed by the White House included:

1.) Bigger pay raises. The House voted for a 3.5% basic pay increase
for January 2008 which was 0.5% higher than proposed by the Bush
administration. The House would continue a string of annual raises set 0.5%
higher than private sector wage growth through at least 2012. The White
House’s 16 MAY OMB letter to committee leaders in a “Statement of
Administration Policy” said a 3% raise next January would be enough to keep
military pay competitive. Budget officials complained the unnecessary
extra half-percentage bump in pay would cost $265 million in 2008 and
$7.3 billion over six years. When combined with the overall military
benefit package, the President’s proposal provides a good quality of life
for servicemembers and their families. Both House Republicans and
Democrats disagreed. Rep. Thelma Drake (R-VA) offered the amendment, adopted
by the armed services committees, to stretch the string of bigger raises
out to 2012.

2.) Higher Tricare fees.  The White House was disappointed that the
House bill did not allow Defense officials to raise Tricare fees and
co-payments for retired military beneficiaries under 65 or allow
implementation of some new set of cost-containment actions expected to be
recommended soon by the DOD-appointed Task Force on the Future of Military
Health Care. The administration said fee increases are needed to sustain a
high-quality health care benefit by largely capturing the inflation
increases that have occurred since cost sharing was first established in
1996.” Blocking any such initiatives this year would add $1.86 billion
to military health costs in 2008 and more than $19 billion through 2013.
The House bill also would restore $200 million in health care spending
that Defense officials sought to remove through unspecified efficiency
wedges imposed on service medical budgets.

3.) Fair pricing.  The administration strongly opposed a provision in
the House bill to require drug manufacturers to give the Defense
Department the same price discounts on drugs dispensed through the Tricare
retail network that they provide to base pharmacies, the Tricare mail
order pharmacy and VA clinics and hospitals. The White House said market
competition, not government price control, is the most effective way to
promote discounts. Rep. Steve Buyer (R-IN), reiterated that argument on
the House floor. He said price-setting in Tricare retail pharmacies
will eliminate retail competition and, in time, endanger drug discounts
for veterans using VA health care.

4.) Reserve GI Bill. The administration opposed a provision that would
transfer oversight for the Reserve Montgomery GI Bill from the
Department of Defense to the Department of Veterans Affairs. Proponents say it
is a first step toward raising reserve GI bill benefits and increasing
them in future years in concert with VA-provided active duty GI Bill
benefits. The White House said the change would mean DOD loses control of
a critical incentive program for reserve recruiting and retention.

The House subsequently passed its version of the FY08 National Defense
Authorization Act inclusive of those items opposed by the White House
by a vote of 397-27.  The Senate Armed Services Committee will mark up
its version of the defense authorization bill is JUN. That committee is
said to be more supportive of the administration’s view that military
pay is competitive now and will stay competitive with a 3% raise in JAN
08.  The final version of the NDAA will be written in a conference
committee made up of members from the House and Senate after the Senate
passes its FY 2008 NDAA. [Source: Stars & Stripes Tom Philpott article 19
May 07 ++]


NDAA 2008 UPDATE 03:  The House of Representatives spent two days and
approved more than 40 amendments before finally passing the FY2008
Defense Authorization Bill on 17 MAY by a 397-27 vote. Some of the
amendments adopted would:

- Extend the military pay raise plus-ups (3.5% raise in 2008 and raises
that are one-half percentage point larger than the average American's
for 2009-2012) to also include uniformed members of the Coast Guard,
Public Health Service and NOAA Corps (Rep. Drake, R-VA).
- Require increased family support and mental health services for
National Guard and Reserve personnel (Rep. Braley, D-IA).
- Let employees who are family members of mobilized military personnel
use family medical leave to deal with issues arising from that call to
duty (Rep. Altmire, D-PA).
- Authorize Guard and Reserve members up to 10 years after leaving
service to use GI Bill benefits (Rep. Carney, D-PA).
- Authorize vouchers for free mail delivery [less than 10 lbs] to
military personnel in Iraq or Afghanistan or hospitalized in military
facilities. (Rep. Altmire, D-PA/Rep. Udall, D-NM).
- Bar simultaneous deployment of both military parents to a combat zone
when the military couple has minor dependents (Rep. LaHood, R-IL).
- Bar courts from changing child custody orders while a servicemember
is deployed, other than temporary orders issued in the best interest of
the child.  Original custody order to be reinstated upon the member's
redeployment (Rep. Turner, R-OH).

Other significant provisions in the Defense bill, in addition to those
already mentioned would:
- Guarantee funding for Walter Reed to protect against skimping on
facilities for this closing installation.
- Require at least 30 days advance notice, and preferably 90 days, for
Guard and Reserve members scheduled for deployment (can be waived
during times of national emergency).
- Authorize DoD to make servicemembers' Thrift Savings Account deposits
twice a month (i.e., from mid-month paycheck) rather than the current
once per month.
- Authorize the service to pay part or all of the premium to continue a
Guard/Reserve member's employer-provided health coverage when a
dependent has special health care needs that are best served by continuing
that coverage.
- Ease naturalization/visa issues for nonresident alien
spouses/children of members assigned overseas by treating such periods of overseas
assignment as residence within the United States.
- Require the Defense Finance and Accounting Service to ease stresses
on survivors of members who die of service-connected causes by
simplifying and clarifying SBP annuity recoupment and premium refund processes.
- Authorize surviving spouses that are also in receipt of the VA's
dependency and indemnity compensation (DIC) a monthly payment of $40
beginning on October 1, 2008.
- Expand eligibility to include chapter 61 (disability) retirees with
at least 15 years of service and at least a 60% combat-related
disability rating.
- Increase Army end-strength by 36,000; Marine Corps levels by 9,000;
and Army National Guard by 1,300.
- Authorize $50 million in aid to school districts impacted by military
populations, with an additional $15 million for districts affected by
base closures or other military population changes.
- Authorize the Secretary of Defense to reimburse drilling Guard and
Reserve members up to $300 per training session for travel costs to drill
locations outside commuting distance, effective Oct. 1, 2008.
- Make the Guard chief a four-star position.
[Source:  MOAA Leg Up 18 May 07 ++]


RESERVE RETIREMENT AGE UPDATE 10:  In adherence to a “pay go” rule the
House would not consider an amendment to the FY08 NDAA that would have
included Rep. Latham’s legislation, (H.R. 1428), to lower the 60 year
age for receipt of retired pay by 3 months for every aggregate 90 days
of deployment during a fiscal year. House rules would not allow the
language to be considered without offsetting deductions from other existing
military retirement benefits that would fund the projected $400 million
dollar cost of the bill.  Unless the House leadership is willing to
waive the blanket “pay go” rule that is blocking these legislative
efforts, or the bill’s sponsors can identify offsets, the House will not
proceed on this issue   Representative Saxton and the co-sponsors of of his
bill H.R. 690 to reduce the minimum age for receipt of military retired
pay for non-regular service from 60 to 55 did not seek an amendment to
the FY08 NDAA that would have included the provisions of the Saxton
bill.  Senator Chambliss’ version of the bill, S.648, still has life in
that chamber.  [Source:  NGAUS Leg Up 18 May 07 ++]


VET CEMETERY COLORADO:  On 15 MAY the House Veterans’ Affairs Committee
unanimously passed U.S. Rep. John Salazar’s (D-CO-03) national cemetery
bill H.R.1660 out of committee.  The bill creates a new national
cemetery for Southern Colorado veterans that would be located in the Pikes
Peak region. Currently, the state has the Fort Logan National Cemetery in
Denver and the Fort Lyon National Cemetery near Las Animas.  The
Department of Veterans Affairs estimates that there are approximately 150,000
veterans located in Southern Colorado.  For years, veterans groups have
listed the addition of a cemetery in Southern Colorado as one of their
top priorities. Salazar, the only military veteran in the Colorado
congressional delegation, has met with local veterans groups to build
support for this legislation. Several veterans’ organizations have endorsed
the Salazar bill including the Colorado chapters of the American
Legion, the Veterans of Foreign Wars, Paralyzed Veterans of America, and the
Association for Service Disabled Veterans.  H.R. 1660, now moves to the
House floor for consideration.  [Source:  Rep. Salazar Press Release 15
May 07 ++]


GULF WAR SYNDROME UPDATE 03:   Scientists working with the Defense
Department have found evidence that a low-level exposure to sarin nerve gas
could have caused lasting brain deficits in former service members. The
study, financed by the Department of Veterans Affairs (DVA) and the
federal Centers for Disease Control and Prevention, is the first to use
Pentagon data on potential exposure levels faced by the troops and
magnetic resonance imaging to scan the brains of military personnel in the
exposure zone. Though the results are preliminary, the study is notable
for being financed by the federal government and for being the first to
make use of a detailed analysis of sarin exposure performed by the
Pentagon, based on wind patterns and plume size.  The report, to be
published in the June issue of the journal NeuroToxicology, found apparent
changes in the brain’s connective tissue (its so-called white matter) in
soldiers exposed to the gas. The study found the extent of the brain
changes corresponded to the extent of exposure (i.e.  less white matter
and slightly larger brain cavities). White matter volume varies by
individual, but studies have shown that significant shrinkage in adulthood
can be a sign of damage.

     Previous studies had suggested that exposure affected the brain in
some neural regions, but the evidence was not convincing to many
scientists. The new report is likely to revive the long-debated question of
why so many troops returned from that war with unexplained physical
problems. Many in the scientific community have questioned whether the
so-called gulf war illnesses have a physiological basis, and far more
research will have to be done before it is known whether those illnesses can
be traced to exposure to sarin. The long-term effects of sarin on the
brain are still not well understood. But several lawmakers who were
briefed on the study say the DVA is now obligated to provide increased
neurological care to veterans who may have been exposed. Phil Budahn, a
spokesman for the DVA, said the research required further examination.
“It’s important to note that its authors describe the study as
inconclusive,” Mr. Budahn said, adding, “It was based upon a small number of
participants, who were not randomly chosen.”

     In March 1991, a few days after the end of the gulf war, American
soldiers exploded two large caches of ammunition and missiles in
Khamisiyah, Iraq. Some of the missiles contained the dangerous nerve gases
sarin and cyclosarin. Based on wind patterns and the size of the plume,
the Department of Defense has estimated that more than 100,000 American
troops may have been exposed to at least small amounts of the gases.
When the roughly 700,000 deployed troops returned home, about one in
seven began experiencing a mysterious set of ailments, often called gulf
war illnesses, with problems including persistent fatigue, chronic
headaches, joint pain and nausea.  According to the DVA those symptoms
persist today for more than 150,000 of them, , more than the number of troops
exposed to the gases. Advocates for veterans have argued for more than
a decade and a half that a link exists between many of these symptoms
and the exposure that occurred in Khamisiyah, but evidence has been
limited.  [Source: The New York Times Ian Urbina article 17 May 07 ++]


VA BONUSES UPDATE 02:  Rep. John Hall (D-NY-19), chairman of the House
Veterans’ Affairs disability assistance subcommittee has introduced the
Pay Veterans First Act H.R. 2292. It is a response to the recent
revelation that senior executive at the VA received $3.8 million in
performance bonuses in 2006. Hall said in a statement, “It is shocking and
scandalous even by the VA’s own low standards that top officials at the VA
would be getting the most lucrative performance bonuses in government
when there is a backlog of over 600,000 benefits claims. It is simply
unacceptable that veterans are waiting longer and longer for benefits they
desperately need while senior staff members in charge of bad policy are
rewarded with so-called performance bonuses. These bonuses are a deeply
flawed approach to the principle of pay for performance.”

      Congressman Jack Space (D-OH-18) sent a letter to Secretary
Nicholson outlining his disgust and lack of confidence.  In it, Space asked
for Nicholson’s immediate resignation. Documents obtained by the
Associated Press raise questions of conflicts of interest or appearances of
conflicts in connection with the bonuses since nearly two dozen
officials who received hefty performance bonuses also sat on the boards charged
with recommending the bonus payments.  According to a report provided
to Congress, one of the people receiving the biggest VA bonus last year,
$33,000, was the deputy undersecretary for benefits, who Hall said is
responsible for the system that has a backlog of more than 600,000
claims and takes an average of six months to issue an initial decision on a
claim and as long as two years to decide an appeal. Hall’s bill would
not force anyone to return bonuses already received, but would prevent
2007 bonuses from being awarded unless the claims backlog is
substantially reduced. The bill would freeze 2007 bonuses for senior Department of
Veterans Affairs employees until the backlog of veterans’ benefits
claims is reduced below 100,000. Aides to Hall said this would give the VA
until September, when performance awards are given, to make a big
improvement in the claims process.  [Source: NavyTimes Rick Maze article 15
May 07 ++]


STOLEN SSN USAGE:  Victims of identity theft can have their benefits
adversely affected a number of ways if anyone uses their social security
number for fraudulent purposes.  In addition to the risks it places on
existing credit and bank accounts, use by an illegal immigrant to
obtain work or open accounts will inflate a victim's actual income on which
many of their benefits are based.  Age and alien status are factors as
to the degree they are affected if earnings are reported under their
SSN. If it is suspected that someone has gained access or used your or a
relative's number you must act quickly to report problems, correct SSA
records and continue ongoing vigilance for new problems.  Correcting an
SSA record could take repeated attempts since some problems may not
surface until years from now. Here's just a partial listing of what to
watch out for:

-             Benefit reductions due to excess earnings.  Earnings
showing up under a victim's Social Security number could subject those
benefits to reductions.  For those still under full retirement age, Social
Security would withhold $1 in benefits for every $2 over $12,960 in
annual earnings, ($1,080 per month).
- IRS audits and taxation of Social Security benefits.  Added earnings
that appear under a number could subject from 50% to as much as 85% of
a victim's Social Security to tax if those earnings make income appear
to be over $25,000 or more (single) or if over $32,000 (joint).  Your
first indication that there's any problem could be a notice from the IRS
that you owe taxes.
- Letters saying victim's are no longer, or is not, eligible for "Extra
Help" to cover prescription drug costs.  "Extra Help" pays all or most
of the monthly drug plan premiums and deductibles, much of the
co-insurance, and provides coverage during the "doughnut hole" coverage gap for
low-income seniors.  If single and added earnings make monthly income
appear to be over $1,276 (or $1,711 if married) then one could be
mistakenly dropped from the program, or told they are not eligible.
- Notifications that victim's are no longer, or is not eligible for
"Medicare Savings Programs".  These programs cover the Medicare Part B
premium deductible and co-insurance for certain low-income seniors.  If
added earnings make monthly income appear higher than $871 (single) or
$1,l61 (joint) an individual could be mistakenly dropped from one of
these programs, or told they are not eligible.
- Notifications that a victim must pay higher "income related" Medicare
Part B premiums.  It's not uncommon for more than one illegal immigrant
to work under the same Social Security number.  In one particularly
egregious case cited by the Government Accountability Office, a single
employer used one Social Security number for 2,580 W2's filed in a single
tax year.  Should the earnings make an individual's income appear to be
over $80,000 (single) or $160,000 (couple) they could be mistakenly
notified that they would have to pay substantially higher Medicare Part B
premiums.
- Notifications that a victim is no longer eligible, or is not
eligible, for other low-income programs.  Earnings could also make your
mother's income appear too high to qualify for Medicaid, food stamps,
low-income housing subsidies, assistance to pay cooling and heating bills, in
addition to state, local and private programs from which individuals may
receive benefits.
- Reduction of VA widow pension benefit.  By law VA must take in
consideration all income, regardless of source, of a widow and offset the
pension dollar for dollar until the other income exceeds the pension.

     If you think someone is using you're a number for work purposes,
contact Social Security.  You or your relative can ask to check the
associated Social Security Statement that lists earnings posted to SSN
records.  If an error is found on a statement, contact Social Security
right away. Social Security's website, however, is not very encouraging
about fixing problems.  The publication, Identity Theft and Your Social
Security Number (Publication No. 05-10064) states, "If you have done all
you can to fix the problem and someone still is using your number, we
may assign you a new number.  We cannot guarantee that a new number will
solve your problem."  Call Social Security toll free at 1(800) 772-1213
or visit online at www.ssa.gov.  Should you continue to have problems,
contact your Congressional Representative or one of your Senators and
ask for help.  Each office has aides who handle constituent problems of
this nature. 

     Legislation has been introduced that addresses this issue.  . Sue
Wilkins Myrick (R-NC-9) on 3 MAR 07 Rep introduced the Social Security
Number Fraudulent Use Notification Act of 2007.  If signed into law the
Act would require the Social Security Commissioner to notify
individuals of improper use of their social security account numbers by amending
the Social Security Act (42 U.S.C. 405(c)(2)). Section 205(c)(2) to
include a new subparagraph that reads, "In any case in which the
Commissioner of Social Security determines that--
- (i) the Social Security account number in the wage records provided
to the Social Security Administration by an employer with respect to any
employee does not match relevant records otherwise maintained by the
Social Security Administration, or
- (ii) the Social Security account number issued to an individual has
otherwise been used by any other person in a fraudulent or otherwise
illegal manner, the Commissioner shall promptly provide the individual (if
any) to whom such Social Security account number was issued with
written notification of the Commissioner's determination.".  At present this
bill has been referred to the House Committee on Ways and Means.  With
only six cosponsors to date it will likely never reach the floor of the
House for a vote unless enough concerned citizens contact their
Congressional representative and ask for their support.  [Source:  TREA Social
Security and Medicare Advisor 16 May 07 ++]


MILITARY UNEMPLOYMENT COMPENSATION:  If you are a servicemember
separating from active duty you may qualify for unemployment compensation if
you are unable to find a new job. The Unemployment Compensation for
Ex-service members (UCX) program provides benefits for eligible ex-military
personnel. The program is administered by the States as agents of the
Federal government. You are eligible if:
- You were on active duty with a branch of the U.S. military, you may
be entitled to benefits based on that service.
- You must have been separated under honorable conditions.
- There is no payroll deduction from your wages for unemployment
insurance protection. Benefits are paid for by the various branches of the
military.

Receiving separation pay may also influence your receipt of
unemployment compensation. Retirees will almost certainly receive a lesser amount
[or no amount] since the weekly amount of retirement pay is usually
"offset" against the amount of unemployment compensation.  Your state
employment office handles unemployment compensation. Benefits vary from
state to state. Because of this, only the office where you apply will be
able to tell you the amount and duration of your entitlement. The
nearest state employment office is listed in your local telephone directory.
To receive unemployment compensation, you must apply. The best time to
do that is when you visit the Local Veterans Employment Representative
(LVER) at the state employment services office for assistance in
finding a new job. To apply for unemployment compensation, you must bring
your Certificate of Release or Discharge from Active Duty (DD Form 214),
your Social Security Card and your civilian and military job history or
resume.

     Arkansas recently became the fifteenth state to provide
eligibility for unemployment compensation for a military spouse who must
terminate employment due to a military-required location of his or her family.
The new law will take effect on 1 OCT 07. The states of South Carolina,
New Jersey, and Connecticut are currently considering similar
legislation. [Source: Military.com May 07 ++]


VA SUCCESS QUESTIONED:  Citing VA’s own independent study, a
widely-circulated article on 10 MAY by McClatchy Newspaper's writer Chris Adams
reported that the Department of Veterans Affairs has habitually
exaggerated the record of its medical system, inflating its achievements in
ways that make it appear more successful than it is. The critical report
noted that while the VA's health system has gotten very good marks for a
transformation it's undertaken over the past decade, the department
also has a habit of overselling its progress in ways that assure Congress
and others that the agency has enough resources to care for the
nation's soldiers. Although VA has boosted preventive care in a growing
network of outpatient clinics and received glowing news coverage for the
transformation, other data contradict the agency's statements on key issues
of access, satisfaction and quality of care..... The article says that
while experts inside and outside the VA point to studies showing the
agency does a good job. McClatchy also found top VA officials buffing up
those respectable results in ways that the evidence doesn't support.
Among several discrepancies cited between VA assertions and
substantiating evidence is Secretary Nicholson's statement to Congress in February
describing VA's 'exceptional performance' in getting veterans in to see
doctors. However, evidence from the VA itself indicates the record
might be inflated.
      On 14 May the Miami Herald, among others, reported Secretary
Nicholson's response to the McClatchy article. Nicholson writes, "Re the
May 10 story VA gets mixed record on aftercare: The historic
transformation of the Department of Veterans Affairs' healthcare system has been
lauded by the healthcare industry, professional journals, members of
Congress, the media, foreign governments and veterans themselves.... The
story makes a valid case that we need to be more careful with our numbers
and public statements, but it does not challenge the basic truth about
VA that our healthcare is a constant and shining emblem of how to
reform a system for excellence. The McClatchy (5/10, Adams) article cited in
the Secretary's letter charged that VA has "habitually exaggerated its
record" and "inflat[ed] its achievements."  [Source:  Office of the
Secretary of Veterans Affairs liaison VA News 15 May 07 ++]


VETERAN LEGISLATION STATUS 30 MAY 07:  Congress is on recess for the
Memorial Day Holiday.  The House will reconvene at 1400 on 5 June and the
Senate will reconvene at 1430 on 4 June. During the recess, a variety
of committees hold field hearings on law enforcement information
sharing, rural veterans’ issues, Chinese lumber, and sustainable water
programs. 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.  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 first member to sign onto a 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 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. 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.


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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