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RAO Bulletin Update
1 May 2007
 
   
THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:

== VA Veterans Pride Initiative ----------- (Wear Your Medals)
== DFAS Website (01) ----------------------------------- (Change)
== Tricare Telephone Survey ----------------- (Input Requested)
== GWOT Returning Heroes TF (01) ------ (Recommendations)
== GWOT Returning Heroes TF (02) --- (Implementation Order)
== Health Care Broken Promise (03) -------- (New Legislation)
== Mobilized Reserve 25 APR 07 ---------- (Net Decrease 707)
== Tricare End-Stage Renal Support ------- (Demo Enrollment)
== Indiana RC Deployment Grants ----- (Annual up to $2,000)
== Nebraska Family Military Leave Act ------- (Up to 15 days)
== VA Fee-Basis Care -------------------------- (Who is Eligible)
== Wiccan Pentacle Lawsuit ------------------ (Now Authorized)
== Amyotrophic Lateral Sclerosis (03) --- (VA Disability Issue)
== VetDogs ----------------------------- (Disabled/Blind Vet Aids)
== War Dog Memorial -------- (Utah Veterans Memorial Park)
== GI Bill (13) ---------------------------- (H.R.1969 Fee Waiver)
== VA MRSA Testing ------------------------ (Initiated 15 MAR)
== AHLTA Warrior ----------------------- (TMIP-J 5th Upgrade)
== Vet Cemetery CA (01) ------------(124th National Cemetery)
== Disposal of Electronic Products ----------------- (What to Do)
== VA Claim Backlog (06) --------- (Washington DC the Worst)
== VDBC (16) --------------------------- (Research Question #19)
== VA Home Loan (07) --------------------------------- (Reminder)
== VA Data Breach (32) ------------------------ ($25,000 Reward)
== DoD/VA Seamless Transition (01) ---- (Huge Step Forward)
== SBP DIC Offset (10) -------------------- (New Bill Introduced)
== VA Category 8 Care (01) -------------- (Bills to Restore Care)
== Agriculture Dept. Data Breach -------- (Ongoing Since 1996)
== Elderly Blood Pressure & Mortality -------- (Survival Rates)
== VA Patient Stats ---------------------------- (Why Care Sought)
== VA Vet Centers ----------------------------- (Walk-ins Double)
== Military Disability Retirement ------------------- (Policy Shift)
== Military Disability Retirement (01) --- (One Soldier's Plight)
== Reserve GI Bill (06) ----------------------------------- (Changes)
== Retiree OCONUS Survey --------------- (Navy/Marine Corps)
== VA Claim Backlog (05) ----------- (Proposed Fixes Rejected)
== National Volunteer Week ------------ (88,000 VA Volunteers)
== Military Health Care TF (05) --------- (TMOP Copay Impact)
== DFAS Payroll ---------------------------- ($3 billion + Monthly)
== Reserve Retirement Age (09) -------------- (S.0648 Objective)
== VA Hefner Medical Center ------------------------ (Assessment)
== VA Rural Access ------------------------------------ (Assessment)
== NARHA Veterans Program ---------------- (Horses for Heroes)
== WWII Merchant Marine Bill -------------- (Equity Questioned)
== Depleted Uranium (03) ----------- (Controversial Health Issue)
== Talking Book Program -------------------- (Available Overseas)
== Military Divorce Study --------------- (No Significant Increase)
== Cool Blue Listerine Recall ---------- (Found to be Inadequate)
== Filipino Vet Inequities (01) ------------- (Opposition to S.0057)
== IRS Data Breach ------------------- (Number Affected Unknown)
== SSA Data Breach ---------------- (Another Government Breach)
== Canes for Veterans (01) --------------- (WWII/Korean War Vets)
== PTSD (13) ---------------------------------- (Effective Sleep Drug)
== Memorial Day Visit Sites ---------------------------- (In Country)
== Veteran Legislation Status 30 APR 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 guide them on how to vote.


VA VETERANS PRIDE INITIATIVE:  Wearing earned medals reflects the deep
pride veterans have in their military service and reminds all American
citizens of the sacrifices our veterans have made. Veterans are again
being encouraged to wear their wear their medals or miniature replicas
on Memorial Day 28 MAY, the Fourth of July, and Veterans Day 11 NOV. 
Information about the Veterans Pride initiative is available on the VA
Web site at www.va.gov/opa/veteranspride , as well as where veterans can
obtain information about how to replace lost or mislaid medals, how to
confirm the decorations to which they are entitled, the manner in which
they should be displayed, and the precedence by service of how they
should be worn.  [Source:  NAUS Weekly Update 27 Apr 07 ++]


DFAS WEBSITE UPDATE 01:  THE Defense Finance and Accounting Service
(DFAS) is returning to its original World Wide Web location on 1 MAY.  The
DFAS Web site will shift to http://www.dfas.mil from its current
location within the Department of Defense domain at http://www.dod.mil/dfas
DFAS officials believe the change will make the Web site easier to find
for its customers and partners.  The information available on the site,
which includes topics such as military and civilian pay, retiree and
annuitant pay, and vendor pay will remain current and relevant for the
site’s visitors. Visitors who have bookmarked the old site address at
http://www.dod.mil/dfas to access the DFAS site should update their Web
browser bookmarks with the new address.  Anyone using the old address
will be redirected to the new address automatically.  This redirect
service will be available for the foreseeable future.  This change affects
the DFAS public Web site only.  Other DFAS-sponsored online
applications, such as myPay at https://mypay.dfas.mil, remain unaffected and can
be accessed at their current online address.

     According to the DFAS, questions concerning specific pay account
information should be directed to the servicing payroll office or to
your normal customer service representative.  Additional phone numbers and
websites for sending email  to redirect your specific pay inquiry are:

- Military Retirees: 1(888) 321-1080 or
https://ca.dtic.mil/dfas/s-retired/ret-pay.htm.
- Annuitants: 1(888) 321-1080 (US) or (216) 522-5955 (Outside US) or
https://ca.dtic.mil/dfas/s-retired/ret-pay.htm.
- Military Former Spouses: 1-888-332-7411 or
https://ca.dtic.mil/dfas/s-garnish/garnishinquiry.htm.
- Air Force Active - Local finance office, 1(888) 332-7411 or Ask
Military Pay at https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
- Air Force Reserve - Local Reserve center finance office, 1(888)
332-7411 or Ask Military Pay at
https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
- Army Active - Servicing defense military pay office, finance
battalion or Ask Military Pay at
https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
- Army Reserves - Local administration unit, 1(888) 332-7411 or Ask
Military Pay at https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
- Army National Guard - Local administration unit, 1(888) 332-7411 or
Ask Military Pay at https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
- Army Separatees - 1(888) 332-7411 or Ask Military Pay at
https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
- Marine Corps Active - Local administration office.
- Marine Corps Reserves - Local administration office.
- Navy Active: Local personnel support Det, 1(888) 332-7411 or Ask
Military Pay at https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
- Navy Reserves - Local Reserve personnel support Det, 1(888) 332-7411
or Ask Military Pay at https://corpweb1.dfas.mil/askDFAS/askMilPay.jsp.
[Source: AF Retiree News 26 Apr 07 ++]


TRICARE TELEPHONE SURVEY:  Tricare Management Activity is sponsoring a
survey of ill or injured service members beginning 1 MAY to examine
post-deployment health care experiences. The survey is in response to a
request from Defense Secretary Robert M. Gates. “This will be a timely
and effective way to get the feedback the military health system needs to
better respond to the post-deployment needs of our  service members,”
said Ms. Ellen P. Embrey, deputy assistant secretary of defense for
force health protection and readiness. Officials will use the data to
assess service members’ health care satisfaction levels with their access to
care, administrative and personnel support, assistance for family
members and their health status.

     Findings from the survey will help officials formulate policies
and programs to improve meeting the needs of ill and injured service
members, including support to family members and as the sponsor goes
through the recovery, rehabilitation and reintegration process. Ms. Embrey
urges all service members who have returned from deployment to use the
survey tool to share their experiences about the accessibility,
timeliness and quality of health care services they received since returning
from  deployment. Officials will keep all responses confidential. For more
information, service members may call the Deployment Health Hotline at
1(800) 497-6261 between 0730-1700 EST M-F. The survey also is available
at http://fhp.osd.mil/healthSurvey.jsp.  [Source:  NGAUS Noted 27 Apr
07 ++]


GWOT RETURNING HEROES TF UPDATE 01:  On 19 APR 07 Secretary of Veterans
Affairs Jim Nicholson submitted the report of The Interagency Task
Force On Returning Global War On Terror Heroes to the President.  The Task
Force identified and examined existing Federal services provided to
returning Global War on Terror service members, identified gaps in those
services, and sought recommendations from appropriate Federal agencies
on ways to fill those gaps quickly and effectively. The report includes
recommendations to improve delivery of federal services to returning
military men and women.  The government-wide action plan contains steps
for individual Department or Agency commitment and incorporates
cooperative interaction among those providing complimentary services.
Recommendations focus on improving the process for receiving services and
increased awareness of available benefits among service members and their
families.  Recommendations involve collaborative efforts among several
federal entities to improve the timeliness, ease of application, and
delivery of services and benefits to those who earned them.  The task force
report is available on VA's Website at
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1327.  The 25
recommendations are:

Health Care
1.  Develop a system of co-management and case management for returning
service members to facilitate ease of transfer from DoD care to VA
care.
2.  Screen all GWOT veterans seen in VA health care facilities for mild
to moderate Traumatic Brain Injury (TBI)
3.  Assist the VA enrollment process by modifying the VA 1010EZ form
for GWOT service members, enhance the on-line benefits package to allow a
GWOT service member to self-identify, and expand the use of DoD’s
military service information to establish eligibility for health care
benefits.
4.  VA will require each Medical Center Director and Network Director
to provide full support at Post-Deployment Health Reassessment for Guard
and Reserve members to enroll eligible members and schedule
appointments.
5.  Standardize VA Liaison agreements across all Military Treatment
Facilities (MTFs).
6.  Expand VA access to DoD records to coordinate an improved transfer
of a service member’s medical care through patient “hand-off”.
7.  Enhance the Computerized Patient Record System (CPRS) to more
specifically track GWOT service members.
o  Develop a Veterans Tracking Application and identifiers to improve
monitoring of returning GWOT service members.
o  Create a Polytrauma identifier to increase recognition of additional
needs of those injured service members.
o  Create a Traumatic Brain Injury (TBI) database to track patients who
have experienced TBI.
o  Create a DoD/VA interface for health care providers to have access
to data on combat theater injured service members.
8.  Create an embedded fragment surveillance center to monitor
returning service members who have possibly retained fragments of materials in
order to provide early medical intervention.
9.  Enhance capacity for GWOT service members to receive dental care in
the private sector as VA continues to improve their capacity for dental
services at their facilities.
10.  Enhance Information Technology interoperability between VA and HHS
Indian Health Service.
11.  VA and HHS will collaborate to improve access to returning service
members in remote or rural areas.

Benefits
12.  Develop a joint DoD/VA process for disability benefit
determinations by establishing a cooperative Medical and Physical Evaluation Board
process within the military service branches and VA care system.
13.  Extend VA’s Vocational Rehabilitation Evaluation Determination
Time Limit of the Vocational Rehabilitation and Employment program beyond
12 months to allow additional time for returning service members to
better understand their rehabilitation needs.
14.  Expedite handling of adapted housing and special home adaptation
grant claims by notifying the returning GWOT applicant within 48 hours
of rating decision.

Jobs, Education & Housing
15.  Expand eligibility of the Small Business Administration Patriot
Express Loan to provide full range of lending, business counseling and
procurement programs to veterans, service-disabled veterans, reservists
and families if the desire for a returning service member or family is
to obtain self-employment.
16.  DoD and the Department of Labor will collaborate to improve
Civilian Workforce Credentialing and Certification allowing for greater
exposure of a service member’s military experience to civilian
opportunities.
17.  The Department of Labor will work with DoD to develop a Wounded
Veterans Intern Program to gain valuable work experience while they serve
on medical hold and are transitioning to departure from military
service.
18.  The Department of Housing and Urban Development will expand access
to the National Housing Locator (NHL) to be used by service members and
veterans through DoD and VA.  The NHL was initially launched as a
response to needs for victims of Hurricane Katrina.  By expanding its use,
returning service members will have a resource that provides safe,
disability accessible if needed, and affordable housing to ease in the
potential re-location to a new area.

Communicating Available Benefits & Services
19.  Increase attendance at the Transition Assistance and Disable
Transition Assistance Programs (TAP / DTAP) for active duty, guard and
reserve.
20.  The Department of Education in cooperation with the Department of
Labor will participate in DoD job fairs to provide returning service
members and their families with an awareness of the post-secondary
education benefits available.
21.  The Department of Labor, through the Veterans’ Employment and
Training Service (VETS), will participate in the Workforce Investment
System in every state and territory and partner with over 120 private and
public sector job fairs to expand the number of employers involved in
active veteran recruitment.
22.  The Department of Labor and DoD will promote awareness of the
Uniformed Services Employment and Re-employment Rights Act (USERRA) rights
to improve active duty, Guard, and Reservists understanding of their
rights at entry to, during, and exiting from military service.
23.  The Department of Education will provide education benefits
training to the 211 Transition Assistance Program sites which service more
than 150,000 transitioning service members annually.
24.  The Office of Personnel Management will expand their military
treatment facility outreach to promote the availability of federal
employment and veterans’ preference rights.
25.   The VA Global War on Terrorism newsletter, mailed quarterly to
returning service members, will be modified to provide consistent
summaries and awareness of available federal services and benefits.
[Source:  VA Press Release 24 Apr 07 ++]


GWOT RETURNING HEROES TF UPDATE 02:  President Bush has ordered the
Defense and Veterans Affairs departments to carry out key recommendations
from an interagency task force, including developing a common
disability rating system that would make it easier for injured combat veterans
to receive benefits. In a statement 25 APR Bush said he has given
Secretary of Veterans Affairs R. James Nicholson 45 days to report back on
how the task force recommendations can be implemented. The report also
recommends the screening of all Iraq and Afghanistan war veterans for
possible traumatic brain injuries, better coordination between the VA and
Defense Department for patients being transferred between the agencies
and better treatment options for veterans in remote areas far from
government facilities. The task force also recommended improvements in
separation counseling, especially for National Guard and reserve members,
and expanded programs to help veterans find post-service employment.

     Formed in the wake of the Walter Reed Army Medical Center scandal
over the treatment of outpatient combat veterans, the interagency group
was charged with finding low- or no-cost ways to improve federal
programs that would not require congressional action. Two other government
commissions are looking at the same problems without the cost and
jurisdictional restrictions and Congress is working on its own ideas,
including putting more money into the 2007 emergency supplemental
appropriations bill to improve health care and disability claims processing for Iraq
and Afghanistan war veterans. Rep. Steve Buyer (R-N) the former
chairman and now senior Republican on the House Veterans’ Affairs Committee,
said he hopes the Defense Department moves on some of the task force’s
recommendations involving the transition from active-duty to veteran
status. “For a decade, VA has worked to ensure seamless transition,
usually without commensurate efforts by the Pentagon,” Buyer said. “We need
look no further than stonewalling from DoD’s personnel and readiness
bureaucracy for the failures of seamless transition: incomplete electronic
health records, lack of an electronic DD-214 and duplicative DoD and VA
medical exams.”

     Buyer said he hopes that Defense Secretary Robert Gates “exerts a
sense of accountability for the total welfare of troops transitioning
into the VA system; DoD must no longer foist its responsibilities onto
VA.”
“I applaud the task force’s work and the earnest faith VA Secretary Jim
Nicholson places in their report,” Buyer said, but added that a report
isn’t the same as progress. “When we see federal agencies — principally
the Pentagon and VA working hand-in-glove for the benefit of veterans,
then we can talk about real progress,” he said. Rep. Bob Filner (D-CA),
the current House veterans’ committee chairman, had no immediate
reaction to the task force report, but aides said the committee would hold a
hearing soon to look at the recommendations in detail.

     The House of Representatives on 20 MAR March 29 passed a
comprehensive bill to improve care and benefits and try to smooth bumps in the
transition to veterans’ status, but the bill has yet to be taken up by
the Senate. Aides said instead of passing a separate bill, Senate
leaders are planning to include their ideas for improving the treatment of
combat veterans in the 2008 defense authorization bill, which the Senate
Armed Services Committee will start writing later this month. A House
Republican aide, who asked not to be identified because he did not want
to appear critical of the Bush plan, said he was unimpressed with the
interagency task force report, calling the recommendations “uninspiring”
and “nothing we haven’t heard before.” Sen. Larry Craig (R-ID), the
former chairman and now senior Republican on the Senate Veterans’ Affairs
Committee, said tackling the disability ratings system is a daunting
but important issue. “This one action to unify the disability rating
process will help cut the red tape for injured service members, and that
should lead to an improved benefits delivery system,” Craig said. “I
believe this will be a major step forward for future generations of
military personnel.”  [Source:  NavyTimes Rick Maze article 25 Apr 07 ++]


HEALTH CARE BROKEN PROMISE UPDATE 03:  From WWII until the early 1990's
personnel in positions of authority acting as agents of the United
States Government promised the active duty military that if they served for
20 years in the military and retired they would receive free medical
care for themselves and their eligible dependents at military treatment
facilities for as long as they lived. That promise has been broken. On
16 JUL 96 Colonel George E. Day filed a lawsuit in the Federal Court in
Pensacola, FL, to regain the medical care that had been promised. (i.e.
http://mrgrg-ms.org/cag- hist.html). In the process of arguing the
promised medical care case Colonel Day proved the military retirees
allegations that the Armed Forces did make the medical care promise and we had
a contract. On 8 FEB 01, a three judge panel of the United States Court
of Appeals for the Federal Circuit made this unanimous decision… “The
retirees entered active duty in the armed forces and completed at least
twenty years service on the good faith belief that the government would
fulfill its promises. The terms of the contract were set when the
retirees entered the service and fulfilled their obligation. The government
cannot unilaterally amend the contract terms now. In contracts
involving the government, as with all contractual relationships, rights vest
and contract terms become binding when, after arms length negotiation,
all parties to the contract agree to exchange real obligations for real
benefits” However, the government would not let this decision stand and
they appealed.
 
     In a 18 NOV 02 conclusion the full court of the United States
Court of Appeals for the Federal Circuit, in a nine for and four against
decision, said, "We cannot readily imagine more sympathetic plaintiffs
than the retired officers of the World War II and Korean War era involved
in this case. They served their country for at least 20 years with the
understanding that when they retired they and their dependents would
receive full free health care for life. The promise of such health care
was made in good faith and relied upon. Again, however, because no
authority existed to make such promises in the first place, and because
Congress has never ratified or acquiesced to this promise, we have no
alternative but to uphold the judgment against the retirees'
breach-of-contract claim." (i.e. http://mrgrg-ms.org/f99-1402.html#conclusion). The
court went on to say, "Perhaps Congress will consider using its legal
power to address the moral claims raised by Schism and Reinlie on their
own behalf, and indirectly for other affected retirees." Military
Retirees are waiting for the Congress to act on the court's recommendation.
The words of the court say that they proved their case, but in the end
they lost because on 2 JUN 03 the Supreme Court refused to hear the case.

     On 28 FEB 07 Representatives Chris Van Hollen (D-MD), Chet Edwards
(D-TX), Jeff Miller (R-FL) and Walter Jones (R-NC) introduced two bills
in Congress: a revised version of the Keep Our Promise to America’s
Military Retirees Act - HR1222, and a new bill, the Keeping Faith with the
Greatest Generation Military Retirees Act - HR 1223. Retirees are asked
to contact their representatives and request they review and cosponsor
these bills to enable their passage.  For additional info on the Broken
Promise issue refer to http://mrgrg-ms.org.  [Source:  Veteran Advocate
Floyd Sears msg. 25 Apr 07 ++]


MOBILIZED RESERVE 25 APR 07:  The Army, Navy, Air Force, Marine Corps
and Coast Guard announced the current number of reservists on active
duty as of 25 APR 07 in support of the partial mobilization. The net
collective result is 707 fewer reservists mobilized than last reported for
28 MAR 07. Total number currently on active duty in support of the
partial mobilization for the Army National Guard and Army Reserve is 63,266;
Navy Reserve 6,249; Air National Guard and Air Force Reserve 5,058;
Marine Corps Reserve 5,416; and the Coast Guard Reserve 302.  This brings
the total National Guard and Reserve personnel, who have been
mobilized, to 80,291, including both units and individual augmentees. 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. A cumulative roster of all National Guard and Reserve
personnel, who are currently mobilized, can be found at
http://www.defenselink.mil/news/Apr2007/d20070425ngr.pdf. [Source: DoD
News Release 25 Apr 07 ++]


TRICARE END-STAGE RENAL SUPPORT:  The Tricare Management Activity (TMA)
is coordinating benefits with Medicare to make it easier for
beneficiaries with end-stage renal disease to participate in three Medicare
demonstrations.  Medicare is offering patients with end-stage renal disease
the opportunity to enroll in three demonstrations in multiple counties
in Alabama, Arizona, California, Connecticut, Georgia, Massachusetts,
Pennsylvania, Tennessee and Texas.  Tricare is acting as second payer
for Tricare covered services for beneficiaries participating in these
demonstrations.  These demonstrations will increase the opportunity for
Medicare beneficiaries with end-stage renal disease to receive integrated
disease management services.  The demonstrations will test the
effectiveness of disease management models to increase quality of care for
these patients while ensuring they receive care more effectively and
efficiently.  At the same time, Medicare will assess alternatives for paying
for services these beneficiaries receive. Beneficiaries who would like
to participate in a demonstration for end-stage renal disease should
speak with a representative at their dialysis center to learn if one is
available in their area. [Source: Tricare News Release 25 Apr 07 ++]


INDIANA RC DEPLOYMENT GRANTS:   Indiana National Guard and Selected
Reserve families who are experiencing financial difficulties because of
deployment can receive grants from the state. The Military Family Relief
Fund, signed into law by Governor Mitch Daniels, is ready to accept
applications.  The applicant, who, in most cases will be the spouse of the
service member, must be able to show the service member has been
deployed for more than 30 days and financial difficulty is a result of
deployment. The fund is financed through the sale of the “Support Our Troops”
and “Hoosier Veteran” license plates. Annual grants of up to $2,000 are
available for items such as food, housing, utilities, medical services
and transportation. Applications are available from county veterans’
service officers and www.in.gov/veteran.  For more information, call the
State Military Family Relief Fund Coordinator at 1(317) 232-3922 or
email cphillip@dva.in.gov.  [Source: Marion Chronicle Tribune article 8
Apr 07 ++]


NEBRASKA FAMILY MILITARY LEAVE ACT:  Nebraska State Senator Tom White
(D-8th) has won Senate support for his bill that would require employers
to grant unpaid leave to spouses and parents of military members
deployed for more than 179 days.  He introduced the bill to help families
while soldiers are gone, and to help them rebuild ties with military
members when they return home. LB497, The Family Military Leave Act would
require businesses with 15 to 50 employees to permit up to 15 days of
unpaid leave. Businesses with more than 50 employees would be required to
grant up to 30 days of unpaid leave. The bill is aimed mainly at
families of National Guard members but does not exclude U.S. armed forces
personnel. The bill must be signed by the governor to become law. [Source:
Associated Press article 31 Mar 07 ++]


VA FEE-BASIS CARE:  Fee-basis care may be authorized to treat
service-connected disabilities when VA has determined that available VA
facilities do not have the necessary services required for treatment; the
veteran is not able to access VA health care facilities based on geographic
constraints or due to medical emergencies; or when it is economically
advantageous to provide treatment using fee basis. These determinations
are left to local management because they are in the position to best
apply these considerations. All fee requests are reviewed individually
to determine the entitlement of veterans in accordance with established
Veterans Health Administration guidelines and to determine clinical
urgency. You may be eligible for a fee basis ID card if:
- You have a service connected disability;
- You will need medical services for an extended period of time; or
- There are no VA health care facilities in your area.

If you have a fee basis ID card, you may choose any doctor that is
listed on your card to treat you for the condition. If the doctor accepts
you as a patient and bills the VA for services, the doctor must accept
the VA's payment as payment in full. The doctor may not bill either you
or Medicare for any charges. If your doctor doesn't accept the fee
basis ID card, you will need to file a claim with the VA yourself. The VA
will pay the approved amount to either you or your doctor. Should a
veteran's request for fee basis be denied, the veteran may seek
reconsideration of the decision through the local Patient Advocate's Office. VA
has outlined this appeal process through issuance of VHA Directive
2006-057 "VHA Clinical Appeals."  [Source:  Washington Times Sgt Shaft 23 Apr
07 ++]


WICCAN PENTACLE LAWSUIT: Facing lawsuits by veterans and their
families, the Bush administration on 23 APR relented and agreed to allow the
Wiccan pentacle, a five-pointed star inside a circle, on tombstones at
Arlington National Cemetery and other U.S. military burial grounds. The
Department of Veterans Affairs previously had given veterans a choice of
38 religious symbols, including numerous forms of the Christian cross,
as well as the Jewish Star of David, the Muslim crescent, the Buddhist
wheel and an atomic symbol for atheism. For nearly a decade, the
department had refused to act on requests for the pentacle, without a clear
reason. VA spokesman Matt Burns said that approximately 10 applications
were pending from adherents of Wicca, a blend of witchcraft and nature
worship that is one of the country's fastest-growing religions. Though
the roots of the pre-Christian practice involve "magick" or
witchcraft, Wiccan’s stress that their practice has no ties to Satanism
or black witchcraft.  Those who identify themselves as Wiccans say the
pentacle symbol represents earth, air, fire, water and spirit.  It is
estimated that at least 1,800 practicing Wiccans serve in the U.S.
military.

     The case hinged on the practice of the Defense Department begun in
the '90s that allows soldiers to state their Wiccan belief on dog tags
and to hold services on military installations. In the legal
settlement, the VA agreed to grant all the pending requests within two weeks and
to approve new ones on an expedited basis for 30 days. The department
will also pay $225,000 to the plaintiffs for attorneys' fees. Lawyers
familiar with the case said some documents suggested that the VA had
political motives for rejecting the pentacle. During his first campaign for
president, then-Texas Gov. George W. Bush told ABC's Good Morning
America in 1999 that he opposed Wiccan soldiers practicing their faith at
Fort Hood TX . He said "I don't think witchcraft is a religion, and I
wish the military would take another look at this and decide against it". 
Allegedly references to Bush's remarks appeared in memos and e-mails
within the VA.  [Source: The Washington Post Alan Cooperman article 24
Apr 07 ++]


AMYOTROPHIC LATERAL SCLEROSIS UPDATE 03:  As a national support group
gears up for ALS Awareness Month in May, a retired Air Force general is
asking the Veterans Administration to give a service-connected
disability to any veteran diagnosed with amyotrophic lateral sclerosis (ALS)
commonly known as Lou Gehrig’s Disease.  Since 2001, the VA has
automatically granted a disability to all veterans of the Persian Gulf War
because studies found that those who served there have a 2% higher incident
rate of ALS than the general population. But Retired Brig. Gen. Thomas
R. Mikolajcik of Mount Pleasant, SC said all veterans have a 1.6%
incident rate than the general population. “How do you differentiate between
a 1.6 and 2.0 incident rate?” Mikolajcik told Air Force Times on April
23. “All veterans with ALS should get a service-connected disability
and get help before they die.”

     Jim Benson, a spokesman for the Veterans Administration, said the
VA is looking at an ALS study compiled by the National Academies’
Institute of Medicine, and two House committees are reviewing the
information, as well. “It’s an issue being discussed and looked at here at the
VA,” Benson said, “but there’s no decision at this point regarding any
extension of those benefits yet” to veterans who did not serve in the
Persian Gulf. According to the ALS Association, a national group based in
California, people with the disease typically die between two and five
years after they’re diagnosed. The association has designated May as
ALS Awareness Month. In a March 23 letter to the VA, Mikolajcik cited a
finding by the National Academies Institute of Medicine that says
“military service in general, not confined to exposures specific to the Gulf
War, is related to the development of ALS.” Mikolajcik said that if the
institute’s conclusion is accurate, then the VA is granting benefits to
only a portion of all service members exposed to whatever triggers ALS.

     Mikolajcik, a Gulf War vet diagnosed with the illness in OCT 03
who has lost the use of his arms and legs, was in Washington, D.C., last
year to push for more funding and research into ALS. Mikolajcik said,
“Though congressmen said there would be hearings on it, nothing has been
scheduled. Things move slowly unless you’re right there [in
Washington]. But some things move quickly. Since the VA began a national registry
of veterans with ALS, 1,877 have registered; of that number, “only 954
of us are still alive. That tells you the rapidity of the disease and
the relentlessness of it”.  Mikolajcik commanded the 437th Airlift Wing
at Charleston Air Force Base, S.C., before he retired in 1996. During
the Gulf War, as commander of the 435th Tactical Airlift Wing at
Rhein-Main Air Base, Germany, he made trips into the theater to visit airmen
deployed there.  [Source:  Air Force Times Bryant Jordan article 23 Apr
07 ++]


VETDOGS:  According to federal officials the VA is debating whether
service dogs are effective and if they should be provided at the
government's cost to vets.  At present veterans injured in combat often have to
wait months for service dogs.  Disabled and blind vets must have their
guide dogs donated by organizations like VetDogs because the VA does
not cover the cost of obtaining and training these animals. It does cover
veterinarian expenses and harnesses. VetDogs origin is from the Guide
Dog Foundation for the Blind founded in 1946.  Part of its mission was
to provide guide dogs, free of charge, to wounded soldiers returning
from World War II. Demand for guide dogs has grown as rehabilitation
therapists realize older veterans with age-related sight impairment can
benefit from these animals. Not only does a guide or service dog provide
assistance for daily living, the dog serves as an ice breaker, a bridge
to conversation and acceptance because it lets people focus on the dog,
not the veteran’s disability. VetDogs provides guide dogs for visually
impaired veterans and service dogs for those with other special needs,
and the training to help them lead active, independent lives again.

     California Assembly member Lloyd Levine has authored Assembly Bill
1634 titled the “Healthy Pets Act”. The bill mandates all dogs and cats
must be neutered at four months of age, with few exemptions. And the
remaining pure bred animals with exemptions would be taxed and regulated
by a newly created government bureaucracy.  The legislation even
threatens criminal penalties. If enacted it could put the future of
California’s police K-9 department’s police dogs in jeopardy and also eliminate
many guide dogs for the blind and service dogs for the disabled. Nearly
all working police dogs were once somebody's pet dog. They are bought
as young pups, placed with families, and then if they pass all the
working and health tests, eventually they may end up with a police
department.

     Through the Guide Dog Foundation an innovative new device called
Trekker is available for blinded veterans. Trekker uses a handheld PDA,
GPS technology, and a tactile overlay to help a visually impaired
person navigate unfamiliar territory.  As a person walks with Trekker, he or
she can access information about approaching intersections, street
names, and points of interest, and establish and follow routes. After
entering a location, the Trekker will “speak” the directions; the user can
then give instructions to his dog. This service is available to all
veterans who are guide dog users, even if they have a dog from another dog
guide school. For additional info on this organization refer to
www.guidedog.org/vetdogs.htm.  [Source: South Florida Sun-Sentinel Diane Lade
article 22 Apr 07 ++]


WAR DOG MEMORIAL:  Dogs have served faithfully alongside America’s
fighting men and women but rarely has there been any public recognition for
man’s best friend in a world where a man most needs a friend. Alan
Cunningham appreciates the roles dogs have played during wartime and is
hoping others will take notice. This month, the American Fork veterinarian
unveiled a memorial at Utah Veterans Memorial Park near Camp Williams,
honoring America’s four-legged service members. Near the entrance to
the visitors’ center, a bronze German shepherd sits majestically over a
plaque that reads “In honor of canine war heroes and forgotten service
animals.” The War Dog Memorial Fund in Corona, Calif., estimates that
4,900 dogs served the U.S. in Vietnam. In the field, they would take the
point in front of their handlers, warning troops of enemy soldiers and
trip wires. In firefights, the dogs were known to shield troops with
their bodies and drag the wounded to safety, Cunningham said. In the
troops’ down time, the dogs served as much-needed companions. Maurice
Johnson of the War Dog Memorial Fund said those dogs are credited with
saving 10,000 American lives in a war that claimed 58,000. The War Dog
Memorial Fund hopes to erect a national war dog memorial at the Vietnam
Veterans Memorial in Washington, D.C.

     Cunningham is working not only to honor the dogs’ service but to
memorialize the lives that were lost. When the U.S. pulled its combat
troops from Vietnam, he said, the government considered the dogs to be
equipment. Most were euthanized. “It really was disheartening to a lot of
the soldiers. To this day, a lot of them still grieve the untimely,
unnecessary loss of those animals,” Cunningham said. “So this is a way to
help them get reconciliation.” Dogs are not the only animals that have
served America during wartime, and the plaque on the memorial honors
those other service animals, as well. Horses carried troops into battle.
Passenger pigeons were used to send notes from the battlefield. During
the 2003 invasion of Iraq, dolphins helped the military detect mines in
the waters of the Persian Gulf. Cunningham is pleased that his dream of
a war dog memorial is finally a reality, but he is not stopping there.
He has petitions in veterinary clinics calling for a commemorative
stamp for the animals, and has sent about 6,000 signatures to the
postmaster general. He is also publishing “Silent Voices,” a book about the war
dogs he said he hopes to release this summer. [Source: Associated Press
article 23 Apr 07 ++]


GI BILL UPDATE 13: The $1,200 enrollment fee for GI Bill benefits would
be waived for junior enlisted members and everyone in the military
would get a second chance to enroll in the education benefits program under
a bill introduced by Rep. Lee Terry (R-NE).  Terry is not the first
lawmaker to propose waiving the fee, but his proposal is slightly
different because it targets only troops in pay grades E-5 and below. His
second chance at enrollment also is aimed, primarily, at junior enlisted
members who could take advantage of no longer having to pay for the
benefits program. His bill, HR 1969, is called the Montgomery GI Bill
Improvement Act of 2007. It was referred to two House committees — armed
services and veterans’ affairs — that are both looking at updating the GI
Bill, with waiver of the fee one of the actions being considered. The
$1,200 fee, established when the Montgomery GI Bill was created in 1985,
is paid in $100 installments during the first year of service for most
people. Some reservists who completed two or more years of active-duty
service can enroll in the program later in their careers, but other
service members are required to make an irrevocable decision about
enrolling during their initial military training.

     “The $100 per month enrollment fee required for participation in
the GI Bill sets up an unnecessary barrier to educational opportunities
for enlisted military families trying to make ends meet and care for
their children.  Current and former military members, public housing
organizations and groups advocating on behalf of military families have
called for eliminating the fee”, said Terry. One of the reasons the fee
has remained in place, despite some misgivings about the idea of having
to pay for a veterans’ benefit, is that more than 90% of enlisted
recruits sign up for the GI Bill during basic training, which seems to show
that the charge is not a big discouragement. But Terry said having the
fee works against service members with families who struggle to meet
their basic needs and the needs of their children. The second chance to
sign up for GI Bill benefits proposed by Terry would have no penalty and
no enrollment fee for E-5s and below.
[Source: NavyTimes Rick Maze article 23 Apr 07 ++]


VA MRSA TESTING:  Drug-resistant bacteria that were rare just six years
ago now are the most common cause of skin and soft-tissue infections
treated in emergency rooms at 11 hospitals across the nation. 
Researchers at UCLA and the Centers for Disease Control and Prevention found that
methicillin-resistant Staphylococcus aureus, or MRSA, accounted for 59%
of skin infections overall, from 15% at a hospital in New York to 74%
at one in Kansas City, Mo. MRSA has long been known as an infection
associated with hospitals, where patients are already sick and vulnerable.
MRSA skin infections can cause painful lesions or sores. A newer strain
of MRSA known as "community associated" has emerged outside hospitals
and is causing severe infections in previously healthy children and
adults.  Now some hospitals are starting aggressive programs to keep the
bug at bay. Known as "search and destroy," the programs are relatively
untested in the U.S., so they can be seen as an expensive gamble. At
Evanston Northwestern health care outside Chicago, all incoming patients
are tested, and if they are found to carry MRSA, they are isolated and
treated, says epidemiologist Ari Robiscek. Everyone who enters their
rooms wears gloves and a gown. People can carry MRSA bacteria, usually in
their noses or on their skin, without being sick. But they can pass the
bug to uninfected patients and health workers.

     Standard tests take 48 hours to yield results, but newer ones cut
that down to one to two hours. But they're more expensive; $25,000 to
$35,000 or more for a base unit that runs individual tests that cost
about $25 each. Robiscek says the MRSA program at his hospital costs
$600,000 to $1 million a year to test about 40,000 patients but has cut the
number of MRSA infections from more than 100 a year to about 50. Each
infection adds about $30,000 to the cost of treatment, he says, "so our
hospital administration feels in addition to the human cost, there has
been a financial benefit." After seeing similar results at an MRSA
prevention program at the VA Pittsburgh health care System, the Veterans
Administration ordered all its 139 hospitals to begin, as of 15 MAR,
phasing in MRSA prevention programs. Under the VA plan, patients are tested
on admission, again when moved to a different unit in the hospital, and
on discharge. MRSA carriers are isolated, and precautions are required.
Rajiv Jain, chief of staff at the Pittsburgh VA, who also leads the
national program, says results in Pittsburgh have been "dramatic. There
has been a 50% to 60% reduction in infection rates." [Source: USA Today
Anita Manning article 15 Mar 07 ++]

 
AHLTA WARRIOR:  The Theater Medical Information Program-Joint (TMIP-J)
has released a fifth groundbreaking upgrade to its medical software
suite. The new capability, known as AHLTA Warrior, will allow doctors on
the battlefield to view a patient’s complete electronic health record
that is stored stateside in the AHLTA Clinical Data Repository.   Some
other new features that will be welcome additions to the software suite
include, “wildcard” patient search functions, updated medical
dictionaries and new medical and disease classification codes. The “wildcard”
patient search will allow providers to quickly locate patient records
using the first few letters of a last name and a special character. The
updated codes will streamline documenting and reporting duties resulting
in an overall improvement in efficiency and data quality.

     TMIP-J is an integrated suite of software that supports complete
clinical care documentation, medical supply and equipment tracking,
patient movement visibility, and health surveillance in an austere
communications environment. As part of the Military Health System, TMIP-J
provides medical information management technology to support the U.S.
Military’s deployed medical business practice. It also serves as the medical
component for both the Global Combat Support System and the Global
Command and Control System. TMIP-J is being used successfully by the Marine
Corps in Operation Iraqi Freedom, the Air Force in Balad and Bagram
hospitals, the Navy in Kuwait and the Army in over 100 units, including 50
medical units and 12 combat support hospitals. TMIP provides a total
medical information management solution for the medical business practice
in theater. For more information, refer to
www.tricare.osd.mil/peo/tmip. [Source: TMA Press Release  7-22 dtd 20 Apr 07 ++]


VET CEMETERY CA UPDATE 01:  The Department of Veterans Affairs (VA)
held a dedication ceremony 22 APR to officially open VA’s 124th national
cemetery, the Sacramento Valley VA National Cemetery, located in Dixon
CA. The ceremony included remarks by VA Under Secretary for Memorial
Affairs William Tuerk and local elected officials.  The dedication plaque
was unveiled and full military honors were performed with a flyover
from Travis Air Force Base of C-17, C-5 and KC-10 aircraft.  The ceremony
was concluded with the playing of Taps. The 561-acre site is located in
Solano County, approximately 27 miles southwest of Sacramento along
Interstate 80 between Dixon and Vacaville.  Nearly 346,000 veterans and
their families live within the service radius of the national cemetery.
Burials began in October 2006, in an area of approximately 14 acres,
which includes one committal shelter and three burial sections.  That area
has capacity for 8,466 gravesites, consisting of 3,070 pre-placed
crypts and 1,642 standard gravesites, as well as 3,754 in-ground cremation
gravesites. Although the cemetery is open for burials, construction will
continue until JUL 09. 

     When the initial 110-acre construction project is completed, the
cemetery will have 17,200 full-casket gravesites, 12,000 pre-placed
crypts, a 3,000-unit columbarium for cremated remains, and 765 sites for
in-ground cremated remains.  Veterans with a discharge other than
dishonorable, their spouses and eligible dependent children can be buried in a
national cemetery.  Other burial benefits available for all eligible
veterans, regardless of whether they are buried in a national cemetery or
a private cemetery, include a burial flag, a Presidential Memorial
Certificate and a government headstone or marker. In the midst of the
largest cemetery expansion since the Civil War, VA operates 125 national
cemeteries in 39 states and Puerto Rico, and 33 soldiers' lots and
monument sites.  More than three million Americans, including veterans of
every war and conflict are buried in VA’s national cemeteries on more than
16,000 acres of land. Information on VA burial benefits can be obtained
from national cemetery offices, from the Internet at
http://www.cem.va.gov or by calling VA regional offices at 1(800)
827-1000. For information on the Sacramento Valley VA National Cemetery,
call the cemetery office at (707) 693-2460.   [Source: VA Press Release 22
Apr 07 ++]


DISPOSAL OF ELECTRONIC PRODUCTS:  On average, the original owner keeps
a laptop computer for only three years and will discard their cell
phone after only 24 months. However, many televisions, computers, computer
monitors, mobile phones and other electronics are still in good working
condition and can be recycled, refurbished or donated to schools and
charities. Numerous companies have created and are participating in
programs designed to assist consumers in recycling used electronics
products. These programs help place your electronics products into the
recycling stream by refurbishing the device or giving it back to the community,
either to schools, charities, economically disadvantaged or disabled
citizens of your community. You can even get tax deductions for donating
your working electronics to schools or charities. These efforts benefit
both the environment and your community. Following are two disposal
options applicable to almost every American household:

- Computer Disposal:   The Electronic Industries Alliance www.eiae.org
has a handy state-by-state lookup you can use to find both disposal and
recycling facilities in your area. To locate a disposal point closest
to you click on your state shown on the site to find reuse, recycling,
and donation programs across the country for your electronic products. 
If you aren't sure what to look for in a recycler and/or would like to
determine if your devices will be handled properly refer to the series
of  questions to ask at www.eiae.org/faqs.php. Never throw an old
computer in a dumpster as it is hazardous waste in our landfills. Before
disposing of your computer, it is a good idea to make sure your personal
or confidential data is removed from the machine. A simple method is to
use a disk eraser that will not only delete the data, but overwrite it
with special patterns that render the information unrecoverable. The
most popular of these tools is called Eraser available through
http://www.heidi.ie/eraser at no charge. As with all programs, only
install something if you actually need it. It is recommended that you
simply bookmark the above site, for later access when actually disposing of
your computer.
- Rechargeable Battery Disposal:   The Rechargeable Battery Recycling
Corporation (RBRC) can help you recycle your used portable rechargeable
batteries and old cell phones. Rechargeable batteries are commonly
found in cordless power tools, cellular and cordless phones, laptop
computers, camcorders, digital cameras, and remote control toys. RBRC recycles
the following battery chemistries: Nickel Cadmium (Ni-Cd), Nickel Metal
Hydride (Ni-MH), Lithium Ion (Li-ion) and Small Sealed Lead* (Pb). RBRC
is dedicated to keeping rechargeable batteries and cell phones out of
our nation’s solid waste stream and preserving natural resources. To
Locate a collection site closest to you call up
www.rbrc.org/call2recycle/dropoff/index.php and enter your zip code.
[Source:  Tips & Topics 22 Apr 07 ++]


VA CLAIM BACKLOG UPDATE 06:  The worst city in which to file a
veterans’ benefits claim is Washington, where 63% of claims take longer than
six months to resolve, according to a major veterans’ service
organization. AMVETS, a 60-year-old group that helps veterans with about 24,000
claims a year, says a survey has shown veterans in Fargo, N.D.; Boise,
Idaho; and Providence, R.I., have the fastest service, with only 6 to 7%
of claims taking longer than six months to resolve. Washington may be
the worst, but other major cities also are slow. AMVETS national service
officer and Navy veteran Luz Rebollar said in Chicago, Detroit,
Pittsburgh, New Orleans and Montgomery AL about 40% of the claims take longer
than six months to process.  One reason for the differences is that the
number of people assigned to process claims in some VA regions does not
match the claims caseloads in those areas. For example, VA workers in
Hartford CT handle 92 cases a year, while workers in Augusta ME handle
57 cases a year.

     The Bush administration has proposed hiring 450 additional claims
processors to try to reduce the backlog, but AMVETS officials have
warned that more people will not solve the problem and, unless the
caseloads are more evenly spread, will not eliminate delays for some people.
AMVETS is pushing the idea of allowing electronic claims filing and other
efforts to use technology to help process claims. “The backlog issue is
not going to go away until the federal government rolls up its sleeves
and takes a serious look at expediting the resolution of claims,”
Rebollar said. “Until that happens, young veterans just returning from
service in Iraq and Afghanistan are going to continue to be frustrated with
our government and with a system they believe is failing to fulfill the
promises that were made to them when they entered the service.” To
review the delay time in your city refer to
www.navytimes.com/projects/pages/042007vastats. [Source:  NavyTimes Rick Maze article 20 Apr 07 ++]


VDBC UPDATE 16:  VA claims terminate at the time of the veteran’s death
when dependents remain.  Under current policy in accordance with
judicial interpretation of the statutory scheme governing veterans’ benefits,
a veteran’s claim for VA disability benefits is considered closed with
the veteran’s death.  After death, VA solicits a claim for accrued
benefits if there is evidence of spouse or children or parents, in that
order. These dependents must file the accrued benefits claim within one
year after the veteran’s death. However, the claim for accrued benefits
is based on the evidence of record as of the date of the veteran’s
death.   This raises the issue of whether or not survivors should be able to
continue the veteran’s claim and introduce new evidence? Accrued
benefits are benefits due the veteran but were not paid to the veteran prior
to his death. The Veterans’ Disability Benefits Commission is examining
this issue in order to determine the appropriateness of current VA
benefits provided for injuries and disabilities resulting from military
service.

     This is a work in progress (i.e. Research Question #19) and no
final decision has been made by the commission.  A draft report was issued
on 22 FEB and a final report is to be considered at the APR 07 meeting.
There is still considerable disagreement over the appropriateness of
the current law. Those opposed argue that it unfairly punishes veterans’
survivors (includes spouse, minor, school or helpless children and
dependent parents. for circumstances beyond their control. In particular,
considering all available evidence in a veteran’s case might be more
equitable to the veteran and his/her survivors. Those in favor of the
current rule argue that the consistency of court rulings indicates a clear
legislative intent in agreement with the current rule, and that the
availability of an accrued benefits claim solves many of the arguments
against the current rule. There has been no recent legislative action
regarding this issue. The courts have only addressed the interpretation of
the existing statutory scheme, not the equity of the laws. Options to
be considered by the commission are:
1. Endorse the current policy of closing the veteran’s pending claim at
the time of his/her death and allow the veteran’s survivors to apply
for the veteran’s due but unpaid benefits.
2. Endorse a policy of, if all documents (i.e. claim, medical records –
service and private and lay statements) have been received by VA and
the claim is in the process of a decision, VA should continue the
decision process even in the event of the veteran’s death. Additionally, if an
appeal is before BVA or an appeals court; BVA or the court should
continue their review and render a decision even in the case of the
veteran’s death.
3. Endorse allowing the veteran’s survivors, but not a creditor, to
pursue the veteran’s due but unpaid benefits and any additional benefits
by continuing the claim which was pending when the veteran died,
including presenting new evidence not in VA’s possession at the time of death. 
[Source: www.vetscommission.org Apr 07 ++]


VA HOME LOAN UPDATE 07:  Since its implementation in 2004, many
veterans have misunderstood the VA Home Loan Increased Entitlement.  The
Veterans Benefits Act of 2004 increased VA home loan eligibility.  Veterans
who qualify for the home loan benefit may obtain a no down payment home
loan of up to $417,000.  Qualified veterans purchasing a home in the
high cost areas of Alaska, Guam, Hawaii and the U.S. Virgin Islands may
obtain a no down payment home loan of up to $625,500.  There are five
easy steps to a VA loan: 
1.      Apply for a Certificate of Eligibility (COE)
http://www.homeloans.va.gov/
2.      Decide on a home and sign a purchase agreement. 
3.      Order an appraisal from VA. (this is done by the lender.)
Ordering an appraisal can be done via the Internet using TAS (The Appraisal
System) at http://vip.vba.va.gov/
4.      Apply to a mortgage lender for the loan. 
5.      Close the loan and move in. 
[Source:  American Legion Weekly Update 10 Apr 07 ++]


VA DATA BREACH UPDATE 32:  On 10 FEB 07 VA reported they had learned of
a portable hard drive used by an employee in Birmingham, Alabama to be
missing and may have been stolen (Refer to Update 31). The data files
on the government-owned hard drive their employee was working on may
have included sensitive VA-related information on approximately 535,000
individuals.  The investigation subsequently determined that information
on approximately 1.3 million non-VA physicians – both living and
deceased – could have been stored on the missing hard drive.  It is believed
though, that most of the physician information is readily available to
the public.  Some of the files, however, may contain sensitive
information. The Federal Bureau of Investigations is offering a $25,000 reward
for the return of the missing VA hard drive.

     On 22 MAR 07 DVA announced that it had mailed more than 254,000
warning letters to people whose personal information was on the missing
computer hard drive.  The letters recommended that the veterans contact
a credit monitoring service to check for signs of fraud or identity
theft. Following is a list of steps provided by the Federal Trade
Commission that you should take if you learn your personal and/or financial
information has been lost or stolen.

1.  Contact Major Credit Bureaus IMMEDIATELY and place a 90-day fraud
alert on your credit file, and obtain a free copy of your credit report.
Major credit bureaus include:
-- Equifax at 1-800-525-6285 or www.equifax.com or P.O. Box 740250,
Atlanta, GA. 30374
-- Experian at 1-888-397-3742 or www.experian.com or P.O. Box 9532,
Allen, Tex. 705013
-- TransUnion at 1-800-680-7289 or www.transunion.com or Fraud Victim
Assistance Division, P.O. Box 6790, Fullerton, Calif.

2.  Get Organized: In dealing with the police and financial companies,
keep a record of all conversation including the names of people you
spoke with on the phone, dates, and phone numbers.
3.  Put it in Writing: Follow up in writing with all contacts you've
made on the phone or in person.  Use certified mail, return receipt
requested, and keep copies of all letters and documents.  Form letters and
charts to help you track your correspondence are available at the
Federal Trade Commission ID Theft Website 
www.ftc.gov/bcp/edu/microsites/idtheft.  Note the time you spent and any expenses incurred in case you
are able to seek restitution in a later judgment or conviction against
the thief.  You may be able to obtain tax deductions for theft-related
expenses.
4.  Keep Old Files. Keep old files even if you believe your case is
closed.  Once resolved, most cases stay resolved, but problems can crop
up.
[Source:  Congressman Bud Cramer website 20 Apr 07 ++]


DOD/VA SEAMLESS TRANSITION UPDATE 01:  An effort by DoD and VA to
provide a smoother, seamless transition from active duty to veteran status
has taken a huge step. As of 23 APR medical staff at all 154 hospitals
and the roughly 800 clinics run by the DVA should be able to access the
Department of Defense medical records of servicemembers returning from
Afghanistan and Iraq. “This is great news. An integrated electronic
record system between the DoD and VA is something we in Congress have been
insisting upon. I’m very pleased with this progress and I applaud both
agencies for making this happen,” said Sen. Larry Craig, the top
Republican on the U.S.  Senate Committee on Veterans’ Affairs. The Idaho
Republican has been advocating for the integration since visiting Iraq
several years ago with the Secretary of Veterans Affairs Jim Nicholson.

      Medical staff at several VA facilities gained access to the DoD’s
Joint Patient Tracking Application (JPtA) last year, but that access
was shut off by DoD officials amid medical privacy concerns.  Within days
Senator Craig and Senator Daniel Akaka, the Chairman of the Senate
Committee on Veterans’ Affairs, issued a joint letter calling for a change
in military policy. A few days later, staff at four VA medical centers
had their access restored. Craig said, “What is significant now is that
every VA facility will have access to these important medical records.
Knowing exactly what other doctors have recorded will help with
treatment and could, in fact, save lives”.  [Source: Sebate committee n
Veteran Affairs Press Release 20 Apr 07 ++]


SBP DIC OFFSET UPDATE 10:  On 17 APR, Rep. Solomon Ortiz (D-TX)
introduced a new bill “The Military Retiree Survivor Equity Act” H.R.1927 that
would end deduction of VA survivor benefits from SBP and accelerate
implementation of 30-year paid-up SBP coverage.  H.R.1927 is identical to
Sen. Bill Nelson's S. 935.  Survivors of active duty and retired
members who die of service-connected causes now have DIC ($1,067 per month)
deducted from SBP.  Veteran advocates believe that, if military service
caused a retired member's death, DIC should be added to the SBP benefit
the retiree paid for, not substituted for it. There are about 61,000
survivors affected by the DIC offset. The paid-up SBP initiative would
affect 172,000 Greatest Generation retirees. At present there are two
other House bills addressing the SBP issue.  Rep. Henry Brown's H.R. 1589
(SBP-DIC) and Rep. Jim Saxton's H.R. 784 (paid-up SBP).  [Source: MOAA
Leg Up 20 Apr 07 ++]


VA CATEGORY 8 CARE UPDATE 01:  A key senator has joined forces with a
New Jersey congressman in trying to re-open enrollment for veterans’
medical care to veterans with moderate incomes and no service-connected
disabilities. The bill, introduced in the House and Senate, would restore
eligibility to veterans’ health care to about 242,000 people. Sen.
Patty Murray (D-WA) a member of the Senate veterans’ affairs and
appropriations committees, has joined Rep. Steve Rothman (D-NJ) in sponsoring the
Honor Our Commitment to Veterans Act, which would reverse a Bush
administration decision four years ago to bar new enrollments in the VA
health plan for those in Priority 8, the lowest category on VA’s health care
priority list. Priority 8 includes veterans who either have no
service-connected disability or a zero percent disability rating, with incomes
above a threshold based on family size. The thresholds range from
$27,790 for a veteran with no dependents to $38,948 for a veteran with four
dependents, with an additional $1,866 in income to allow for each
additional dependent.

    The enrollment ban took effect on 17 JAN 03, and was done to cut
costs. VA officials said that most of the veterans who are in Priority 8
either have or could get other medical coverage. “When it comes to
veterans' healthcare, caveats and exceptions are not acceptable,” Murray
said. Her bill, S 1147, is similar to a measure introduced in January by
Rothman, a member of the House Appropriations Committee who has been
trying to get enrollment reopened for Priority 8 veterans since 2004. “My
legislation demands that the federal government fully fund VA health
care services so that no veteran in need is turned away,” Rothman said.
Rothman’s bill, HR 463, has 37 cosponsors. Murray didn’t have any
original cosponsors for her bill.
Both bills take the same approach by requiring the VA to allow
enrollment for any veteran who applies, which would terminate the enrollment
freeze.

     The cost of restoring the eligibility of Priority 8 veterans for
VA health care is a matter of some dispute. Murray’s office estimates it
would cost $519 million to provide coverage today and $2.3 billion to
provide coverage through 2012. Murray said the Bush administration cut
off enrollment for new Priority 8 veterans in the face of budgetary
problems and growing backlogs for patients when there were other options.
“Instead of confronting the VA’s shortfall head on by asking for the
resources necessary to address them, this administration cut off care to
veterans of modest means,” she said. Rothman said the enrollment ban is
particularly hard on people in high-cost areas, like the New Jersey
counties he represents. That is because they generally earn more money,
making them more likely to exceed the income thresholds — but their cost
of living is higher as well.  [Source:  NavyTimes Rick Maze article 19
Apr 07 ++]


AGRICULTURE DEPARTMENT DATA BREACH:  The Social Security numbers of
63,000 people who received Agriculture Department grants have been posted
on a government Web site since 1996, but were taken down last week.
Free credit monitoring is being offered to those affected. The Agriculture
data that included Social Security numbers were removed from the Web on
13 APR and similar data from 32 other agencies were taken down 17 APR
as a precaution, said Agriculture spokeswoman Terri Teuber.
A review has determined that none of the other 32 agencies had a
similar problem, said Sean Kevelighan, spokesman for the Office of Management
and Budget (OMB). “There is no evidence that this information has been
misused,” Teuber added. “However, due to the potential that this
information was downloaded prior to being removed, USDA will provide the
additional monitoring service.”

     The breach was discovered by Marsha Bergmeier, president of Mohr
Family Farms in Fairmount IL while Googling when she could not sleep.
The next morning (13 APR) she contacted the Agriculture Department, her
congressman, Rep. Tim Johnson, the private Web site and the Census
Bureau and was surprised by how quickly they removed the personal
information. “If somebody downloaded it, it’s still out there in the world,” she
said. “That will never be a private number again.” Chris Hoofnagle,
senior attorney at the University of California at Berkeley law school
clinic on technology, said the only federal law violated by such a breach
is the Privacy Act, but the Supreme Court had ruled last year that
victims could only collect damages for measurable losses to ID thieves, not
merely for anxiety. Nevertheless, the incident is likely to spur
passage of a federal law requiring notification of potential victims when
personally identifiable information is disclosed or stolen electronically,
Hoofnagle predicted. Already 35 states have such a law.
 
    The disclosure comes six months after a congressional report found
federal workers at 19 agencies had lost personal information affecting
thousands of employees and the public, raising concerns about the
government’s ability to protect sensitive information. In all, the House
Government Reform Committee reported 788 incidents involving the loss or
compromise of sensitive personal information since 1 JAN 03. That was in
addition to the hundreds of security and privacy incidents at the
Department of Veterans Affairs, according to a report the committee issued
in October. To avoid revealing information that could increase the
vulnerability of this private data, Teuber said Agriculture was not
releasing more details, including the Web address, of the government site where
this information was disclosed until all potentially compromised
recipients have been notified. The Agriculture Department is sending
registered mail notifications to 150,000 recipients identified as having been
part of the public database since 1981, but Teuber said some people are
on the list more than once.  At an estimated taxpayer cost of $4
million, Agriculture is offering each of them free credit monitoring for one
year.

     USDA funding recipients who wish to take advantage of the credit
monitoring offer will receive instructions on how to register. Any USDA
funding recipient with questions can 1(800) 333-4636) or visit
http://USA.gov. The call center operates from 08-2000 EDT, M-F. Under
supervision of the Office of Management and Budget, the grant numbers
posted by the other 32 agencies were taken down and reviewed to see if
any included Social Security numbers. “We are sure no other agencies ...
were impacted by similar problems,” said OMB’s Kevelighan. He
attributed the quick response to government-wide safeguards set up after the
Veterans Affairs Department problems last year.  Teuber said an unknown
number of private Web sites had downloaded and reposted the information,
but she said at least one of them, OMB Watch, had also removed the
identifying grant numbers.  OMB Watch director Gary D. Bass said Bergmeier
contacted his group April 13 after finding her number on the Web site
of his public interest group. The group referred her to Agriculture and
Census, where it got the data.  Veterans seeking protection against
government’s inability to protect their personal data should review the
availability of personal identity theft insurance on their search engine.
[Source: Associated Press writer Michael J. Sniffen 20 Apr 07 ++]


ELDERLY BLOOD PRESSURE & MORTALITY:  Aggressive treatment of high blood
pressure (hypertension) in patients who are 80 years or older is
associated with lower five-year survival rates than their counterparts with
blood pressure levels at or higher than treatment target levels,
researchers report.  Physicians should therefore "use caution in their
approach to blood pressure-lowering in this age group," they advise in the
Journal of the American Geriatric Society. Dr. Daniel J. Oates of the
Boston Medical Center and his co-workers evaluated five years of data from
10 Veterans Affairs sites and Social Security files.  The study group
involved 4,071 ambulatory patients 80 years or older with hypertension.
The researchers found that patients with normal or higher blood
pressures were less likely to die during follow-up than those with lower blood
pressures. Specifically, for each 10-point increase in blood pressure,
the researchers estimated that the mortality risk increased by about
17%. This effect was seen up to a systolic blood pressure of 139 mmHg
(the top number) and a diastolic blood pressure of 89 mmHg (the bottom
number). However, in patients with uncontrolled hypertension, defined as
systolic pressure of 140 mmHg or higher and diastolic pressure of 90
mmHg or higher, there was no significant association between survival and
blood pressure levels. These findings suggest that overly aggressive
control of blood pressure might be harmful in this age group. 
Investigators cite other studies that also show higher blood pressures are
protective in older patients. Older patients with low blood pressure need to
be monitored for fainting, which would put them at risk of falls, the
team notes. This group should also be watched for nonspecific symptoms,
such as weakness, weight loss and memory loss.  [Source:  Journal of
the American Geriatric Society Mar 07 ++]


VA PATIENT STATS:  New statistics show Iraq and Afghanistan combat
veterans no longer in the military are most likely to seek care for
musculoskeletal diseases, mental health disorders, and symptoms without an
immediate known cause, such as rashes or dizziness. The numbers, provided
to the GAO by the DVA, include 229,015 service members who served in
Iraq or Afghanistan since 2003 who have left the military and had a
medical appointment at a VA facility. A total of 636,306 service members who
have served in Iraq or Afghanistan have left the military. The numbers
show that 5% of those who served in combat and left the military were
reserve or National Guard troops, but they represented 51% of those who
sought care.  A breakdown by service of those who visited a VA facility
is 66% Army, 12% Air Force, 12% Marines, and 10% Navy.  The numbers
also show that more veterans requested treatment for PTSD in specific
geographic areas. For example, 1,026 veterans asked for help for PTSD
symptoms in upstate New York compared to 49 in Grand Junction, Colo. Those
numbers are important because even as the VA struggles to get mental
health care to rural areas, its resources are stressed in other regions. A
total of 39,243 veterans asked for treatment for PTSD. The statistics
also show that 88% of those seeking treatment were male, 97% were
outpatients and 92% were enlisted. Veterans of the Iraq and Afghanistan wars
represented 4% of the total number of vets using VA health care, which
is more than 5 million. The top reasons for seeking treatment were 37%
for mental disorders, 43% for musculoskeletal injuries — usually back
or joint problems — and 34% for symptoms without an immediate known
cause.  [Source: Army Times Kelly Kennedy article 20 Apr 07 ++]


VA VET CENTERS:  The number of returning Iraq and Afghanistan combat
veterans visiting Department of Veterans Affairs walk-in clinics has more
than doubled since 2004, while the clinics’ staff has increased by less
than 10%, agency records show. The clinics, known as Vet Centers, are
meant to make it easier for combat veterans to receive help. Last year,
21,681 Iraq and Afghanistan veterans visited the centers, up from 8,965
in 2004. The number of clinic staff members rose from 992 to 1,063
during the same period, according to the VA records. A VA survey of clinic
team leaders that the agency provided to USA Today shows that 114 of
the 209 Vet Centers need at least one extra psychologist or therapist to
help with the influx of veterans. The VA is only slated to add 61 new
staff members. Al Batres, the national director of Vet Center
operations, said he will fill those additional slots over time. In addition, he
said he has the budget to open 23 new centers across the country by SEP
08, the end of the next budget year. He said the new centers will help
serve the growing number of Iraq and Afghanistan veterans. “My task is
to try to direct the right kind of services at the right time to the
right place,” Batres said.

     The VA has consistently underestimated the needs of many Iraq and
Afghanistan veterans, said Joe Davis, a spokesman for the Veterans of
Foreign Wars.  “The Vet Centers are on the front lines. Every one of the
200-plus Vet Centers are providing a vital service, but our greatest
concern is five years from now when more veterans and their families
enter the system”, Davis said. The Vet Centers are small, storefront
operations with a staff of four to five people each. The centers were created
in 1979 to help Vietnam War veterans readjust to society. Services
include combat stress counseling, marriage therapy, job assistance and
medical referrals. Five of the clinics in the VA survey said they have
people waiting in line for service. An informal survey last year by House
Democratic staffers of 60 centers found that all of them reported
significant increases in demand and about 10 reported using group therapy
sessions, rather than individual counseling, to handle the increase. In
the VA survey, only two of the clinics said shortages led them to
substitute group therapy for more appropriate individual counseling. Among the
findings in the VA survey:
• 26 centers said it takes longer to help veterans because of the
increased workload.
• 22 centers reported they cannot provide family counseling when
necessary.
• 54 centers said more sexual trauma treatment is needed.

     Batres has hired 100 Iraq and Afghanistan veterans to help educate
new veterans about services. Unlike clinic visits, which involve
veterans meeting individually with staff members, many outreach efforts
involve staffers speaking to groups of veterans. Veterans of several wars
use the centers, VA records show. In 2004, 125,737 veterans visited the
centers or were contacted through outreach efforts; that number rose to
228,612 in 2006. Last year, the White House proposed cutting $47
million from the $3.3 billion budget for veterans’ readjustment benefits. Two
congressional committees agreed, but the Republican-controlled Congress
didn’t pass a final spending bill. This year, Congress passed a
resolution that keeps spending at the 2006 levels.  [Source: ArmyTimes reprint
of USA Today Gregg Zoroya article 20 Apr 97 ++]


MILITARY DISABILITY RETIREMENT:  Wary of rising disability retirement
costs, the DoD under then-secretary Caspar Weinberger quietly sought and
received an internal legal opinion that, to this day, tamps down the
number of wounded or ill service members awarded military disability
retirement.
The 25 MAR 85 memo from the DoD office of general counsel, which only
recently came to light, gave Defense health officials a green light to
restrain military disability ratings without a change in law. They did
so by directing the services to stop setting disability awards based on
all service-connected ailments found during medical evaluations, and
start basing them only on conditions that leave members unfit for duty.
The policy change took effect in FEB 86 with a revised DoD instruction
to services. Its impact can be profound on individuals, particularly in
wartime. The Veterans’ Disability Benefits Commission is studying the
effects and its chairman this month sounded an alarm.

     The advantages of receiving disability retirement, which requires
a 30% or higher disability rating, are great for members with less than
20 years in service. Beside an immediate annuity, disabled retirees and
their families gain lifetime access to Tricare, to base shopping
privileges and to a host of other perks tied to “retiree” status. Veterans
with disability ratings of 0 to 20% receive only a lump-sum severance
payment upon discharge. They can apply to the Department of Veterans
Affairs for a higher rating and will often get one, which can mean monthly
VA compensation and improved access to medical care. But VA care isn’t
available to families and VA doesn’t offer base-like support services.
Injured war veterans of Iraq and Afghanistan are becoming more aware of
the critical 30% threshold. Some credit for that goes to retired Army
Lt. Gen. James Terry Scott, chairman of the Veterans' Disability
Benefits Commission.  Scott spotlighted the value of 30% ratings, and ruffled
feathers of DoD officials, before a Senate hearing in mid-APR 07 when
he said the higher cost of disability retirement, versus severance pay,
gives DoD “a strong incentive” to award 20%or less.

     No service does it more often than the Army, according to fresh
service data released by Scott. From 2000 through 2006, the Army gave
ratings of 30% or higher to only 13% of soldiers deemed disabled. By
comparison, the Navy awarded disability retirement to 36% of its disabled
members. The Air Force number was 27% and the Marines Corps 18%.  More
troubling, Scott suggested, was data showing Army awarded a 0% rating to
13,646 soldiers that it found unfit for duty. The Navy, Marine Corps
and Air Force had assigned 0 ratings only to 400 apiece. Scott said he
wasn’t speaking for the commission which won’t finish its report until
fall. But he urged Defense officials to allow the services to begin
setting disability awards based on all service-connected disabilities found.
To ease rating disparities across the services, and between DoD and VA,
he recommended that the VA alone conduct all medical evaluations and
set all disability ratings before members leave service.

     Col. Andy Buchanan, deputy commander of the Army’s Physical
Disability Agency (PDA), said he would quibble with some of the commission’s
data but clearly there are troubling disparities in ratings between
services that can’t be explained by “mission differences” alone. “I know
where we’re different right now, but I have to find out why,” said
Buchanan. He has recommended an independent audit of service disability
awards to identify the factors creating the service disparities. But
Buchanan, in an interview, denied that the PDA or individual evaluation
boards operate with any concern for how rating decisions  impact Army
budgets. The Army does not follow VA criteria to rate every condition. For
example, the VA rates some sleep apnea as 50% disabling, higher than the
loss of a limb, Buchanan said. Also, unlike the VA, the Army does not
presume that every medical condition that surfaces while in service is
service-connected. “We’re pretty rigid – and that may be why we’re
perceived as stingy -- about following the rules, looking for evidence,”
Buchanan said.  [Source:  Military.com Headlines Tom Philipott article 20
Apr 07 ++]


MILITARY DISABILITY RETIREMENT UPDATE 01:  The experience of Army
National Guard Spc. Kenneth Parham, 47, shows the impact of the 1986 policy
shift on disability awards today.  In APR 05, Parham was in the gun
turret of a Humvee when it drove over a bomb buried beneath a road outside
Kirkuk, Iraq. The explosion tossed his Humvee high into the air. It was
Parham’s third contact with an improvised explosive device in five
months. This one collapsed a lung, fractured ribs and damaged discs in his
neck and back. Today, the once vigorous Parham, who as a civilian drove
a moving van and lifted up to 5000 pounds of household goods a day,
needs a motorized cart to shop in stores. He has chronic neck and back
pain. He must walk slowly, sit frequently and can’t lift more than 20
pounds. Because he can't wear a helmet or carry a rucksack, the Army has
found the former Marine unfit for duty. It plans to discharge Parham with
a 20% rating and about $40,000 in severance. In late APR, he will
travel from his home in Lewiston ID, to Fort Lewis WA to appeal that rating
decision before a physical evaluation board.  His wife, Cheryl, said a
20% rating is so unjust, given how her husband’s quality of life and
job prospects have plummeted. “How’s he going to support himself the rest
of his life,” she asked. Service-connected ailments that the Army
ignored in setting the 20% figure, she said, include post traumatic stress
disorder with nightmares, a weakened leg, the sleep apnea, high-blood
pressure and arthritis. [Source:  Military.com Headlines Tom Philipott
article 20 Apr 07 ++]


RESERVE GI BILL UPDATE 06:  A recent Defense Department policy change
widens the eligibility window for some Reserve-component troops who want
to use their Montgomery G.I. Bill education benefits. The DoD policy
now aligns with Department of Veterans Affairs rules, which say National
Guard members and reservists are eligible to receive Montgomery G.I.
Bill education benefits for the period covering the amount of time they
served on active duty, plus four months, said Tom Bush, principal
director for manpower and personnel within the Office of the Assistant
Secretary of Defense for Reserve Affairs.  After studying the matter over the
past few months, DoD agreed to align its policy with the VA’s, Bush
said.  DoD’s previous policy only recognized the amount of active-duty
time as applied to the G.I. Bill coverage period for reserve component
members but still required the member to continue to serve in the Selected
Reserve. 

     The change, from the DoD perspective, is that the benefit now can
be used by somebody that leaves the selected reserve for the amount of
time that they’ve served on active duty, plus four months.   Guard and
reserve members who attend regular drill training and meetings are
considered part of the selected reserve.  The total amount of G.I. Bill
coverage for reservists is still 36 months, Bush said. “So, if you’ve used
part of that (G.I. Bill benefit) it may eat into that 36 months. 
Reservists normally have 14 years to use their Montgomery G.I. Bill
benefits. However, that time might also be extended by the amount of time Guard
or Reserve members serve on active duty, plus four months. Senior Guard
and Reserve officials, as well as demobilization sites, have been
alerted to the policy change.”

     About 370,000 Guard and Reserve members on drill or active-duty
status have signed up to use Montgomery G.I. Bill benefits since the
Sept. 11, 2001, terrorist attacks on the United States.  The Reserve
Education Assistance Program, established by the 2005 National Defense
Authorization Act, is another DoD education initiative for members of the
Guard and Reserve.  To be eligible, servicemembers must have served at
least 90 consecutive days of active service after Sept. 11, 2001, in
response to a Presidential or Congressional call-up of military forces for
wartime or other emergency service. Guard and Reserve members who served
for two continuous years on active duty in support of a contingency
operation would qualify for both the Montgomery G.I. Bill and REAP and
could select which program they want to use, Servicemembers can determine
if they qualify for the Montgomery G.I. Bill and REAP by contacting
their local education office.  [Source:  NAUS Weekly Update 20 Apr 07 ++]


RETIREE OCONUS SURVEY:  To learn more about the unique issues facing
Navy and Marine Corps retirees who live overseas (OCONUS), the SECNAV
Retiree Council has recommended that OCONUS retirees be surveyed to
identify and resolve, where possible, these issues. If you are an OCONUS
retiree and would like your voice to be heard, registration at
https://www.nprstsurveys.com/retiree/register.htm is the first step.
For the purposes of this survey, OCONUS refers to those who live
overseas, outside the United Sates. It does not include those residing in
Hawaii or Alaska.  In early MAY 07 email survey invitations will be sent  to
all confirmed retirees who register on this page. The information below
will ONLY be used by Navy Personnel Research, Studies, and Technology
(NPRST) to confirm your eligibility for the survey and to send the
survey notification email. This information will not be shared with anyone
except the research staff working on this project. For additional info
refer to MILL_NPRSTsurveys@navy.mil. [Source:
https://www.nprstsurveys.com/retiree/register.htm Apr 07 ++]


VA CLAIM BACKLOG UPDATE 05:  On 17 APR the Department of Veterans
Affairs responded negatively to the four bills pending before Congress to
reduce the 600,000-case backlog of veterans’ benefits claims.
- H.R.0067, sponsored by Rep. Mike McIntyre (D-NC), that would allocate
$25 million a year — about $1 for each living veteran — to improve
veterans’ outreach programs, and would give grants to states to pay for
education and training programs for state and local veterans’ agencies.
- H.R.1435, sponsored by Rep. Joe Baca (D-CA) that orders a three-year,
five-state test in which benefits claims that are not complete would be
referred to a county or municipal office for help developing the claim.
- H.R.1444, would provide a $500 monthly stipend to any veteran who
appeals a benefits decision and it takes more than 180 days for a final
decision. Sponsored by Rep. John Hall (D-NY), the proposal would allow a
veteran whose claim is denied to keep the accumulated payments. A
veteran whose claim is approved for a benefit of more than $500 a month
would receive the difference, said Hall, chairman of the House Veterans’
Affairs disability assistance and memorial affairs subcommittee where the
four bills are pending.
- H.R.1490, sponsored by Reps. Joe Donnelly (D-IN) and Fred Upton
(R-MI) which would automatically grant disability benefits claims filed by
combat veterans as long as they met minimal requirements, with payments
set at the median level for the disability.

Rep. Upton said, “The current system is more than broken, it is
shameful. On average, it takes the VA 177 days to process an original claim
and 657 days to process an appeal. This delay deprives many veterans of
Iraq and Afghanistan of much-needed income at a time in their lives when
they are not only learning to cope with a disability but also
transitioning into civilian life.” Ronald Augment, the VA’s deputy
undersecretary for benefits, said, “The VA opposes the four bills, even though the
agency shares many of the bills’ goals. Augment said:

- Hall’s bill H.R.1444 to provide a $500 stipend for delayed benefits
would create an incentive to submit claims of dubious merit.  And, for
veterans whose claims are questionable, it creates a reason for the
veterans to delay supplying information and evidence so they can get more
money. A claimant’s cooperation with VA can reduce the time it takes to
resolve a remand claim. Inversely, a claimant’s lack of cooperation can
delay the resolution of a claim.”
- The Donnelly-Upton bill H.R.1490 presents a similar problem. VA is
concerned that a presumption of service connection creates an incentive
to file invalid claims, especially when benefits would be paid without
appropriate claim development. Even if the VA audited 25% of all file
claims, an unscrupulous claimant would still have excellent odds of
obtaining and retaining benefits.
- The VA opposes the bill H.R.0067 giving grants for veterans’ outreach
programs because it doesn’t give enough flexibility to reach veterans
in small, rural communities, and because the VA is expanding its
existing outreach program.
- Paying county and local veterans agencies to help process claims, the
idea in H.R.1435, would take money that ought to be spend by the
federal government and apply it to local programs while raising questions
about who, ultimately, is responsible for the claim.

The VA was not alone in opposing the bills. Some of the same issues
raised by Augment were also noted by Veterans of Foreign Wars and
Paralyzed Veterans of America in their testimony before the disability
assistance subcommittee.  [Source:  Military Times Rick Maze article 17 Apr 07
++]


NATIONAL VOLUNTEER WEEK:  More than 88,000 volunteers at Department of
Veterans Affairs (VA) medical facilities – who worked 12.5 million
hours last year – were recognized across the country in conjunction with
National Volunteer Week, April 15-21 by VA Secretary Jim Nicholson.  VA
has the largest volunteer program in the government and one of the
largest in the country. Using a formula developed by a coalition
representing hundreds of charities and non-profits, it is estimated that in 2006,
VA would have needed more than 6,000 full-time employees to replace the
time donated by volunteers. VA estimates the time volunteered to VA
equates to nearly $225 million annually. In addition, VA volunteers and
their organizations contributed an estimated $54 million in gifts and
donations last year. More than 350 national and community organizations
support VA’s Voluntary Service program, organized in 1946

     Nicholson traveled to Baltimore on 16 APR to present the
President’s Volunteer Service Lifetime Achievement Award to Clifford Stoffel, a
veteran who contributed more than 4,000 hours of service in the VA
Maryland Health Care System as a volunteer with the Disabled American
Veterans transportation network at the Glen Burnie, Md., VA Outpatient
Clinic. Nicholson also gave awards to other volunteers who have served at
the Baltimore VA Rehabilitation and Extended Care Center and regional
outpatient clinics. For several years, President Bush has proclaimed
National Volunteer Week as a time to thank volunteers for their service and
to call the public's attention to what volunteers can do to improve
communities. National Volunteer Week is sponsored by the Points of Light
Foundation. For information on how to volunteer at a VA facility,
contact your local VA hospital or visit www.va.gov. [Source: TREA Washington
Update 20 Apr 07 ++]


MILITARY HEALTH CARE TF UPDATE 05:  On 18 APR the Task Force on the
Future of Military Health Care held its latest public meeting. The
witnesses were the Comptroller of the United States (who heads the GAO),
executives from MEDCO and Express Scripts and representatives from the
United Mine Workers of America’s Health and Retirement Funds. During a full
day hearing the witnesses spoke on many subjects. But they were all
asked about the effect of co-pays on moving beneficiaries toward using
generic drugs and home delivery (mail order). All the witnesses stated
that it was the differential between the tiers and distribution points.
All of them said that Tricare’s differentials were too small to cause
movement. It is looking more and more likely that the Task Force will
recommend some change in the pharmacy co-pays and structure. This could
affect every Tricare Pharmacy beneficiary who is not using an MTF
Pharmacy.  [Source: TREA Washington Update 20 Apr 07 ++]


DFAS PAYROLL:   On 17 APR the Director of Defense Finance and
Accounting Service’s (DFAS) Retired and Annuitant Pay section met with
representatives of 5 Veterans and Military Organizations to discuss operations
and the future. His presentation noted that his office sends retired pay
to 709,943 retirees from the Air Force, 740,133 from the Army, 122,496
from the Marine Corps and 536,435 from the Navy. The oldest Air Force
retiree receiving pay is 105.8 years old, the oldest Army retiree is
108.0 years old, the oldest Marine Corp retiree is 100.4 years old, and
the oldest Navy retiree is 107.4 years old. Monthly, they also pay
344,676 Annuitants; 17,837 VSI (Voluntary Separation Incentives); 87,007
former spouses; 804 RSSPs (Reserve Special Separation Payment); and 27 VOSs
(Victims of Abuse).  Its payroll payment per month is over $3 billion!
There are presently 54,920 retirees receiving CRSC (Combat Related
Special Compensation) 14,374 from the Air Force; 32,479 from the Army;
3,953 from the Marine Corps; and 4,114 from the Navy. There are 200,176
retirees receiving CRDP (Concurrent Receipt Disability Pay) 63,601 from
the Air Force; 83,643 from the Army, 12,057 from the Marine Corps; and
40,875 from the Navy.  [Source: TREA Washington Update 20 Apr 07 ++]


RESERVE RETIREMENT AGE UPDATE 09:  On 18 APR the Senate Armed Services
Subcommittees on Personnel, Readiness and Management held a joint
hearing on the readiness impact of quality of life and family support
programs to assist families of active duty, National Guard, and reserve
military personnel.  During the course of this hearing, the committee
discussed retirement benefits for members of the National Guard and Reserve
and Senator Saxby Chambliss (R-GA) provided a statement on his bill,
S.0648, The National Guard and Reserve Modernization Act.  During his
statement, Senator Chambliss noted that “Since September 11, 2001, an
annual average of about 60 million duty days have been performed by Reserve
Component members – the equivalent of adding over 164,000 personnel to
the active strength each year…this represents almost a five-fold
increase since the 1990s…”  Referring to the cash bonuses now in place to
enhance retention, Senator Chambliss said that, despite the effectiveness
of these bonuses, he would “much rather motivate behavior over the
long-term by providing an early retirement benefit based on continuous
service and deployments.”  Given that “Guard and Reserve members are the
only federal retirees who must wait until age 60 to collect retirement
pay,” Senator Chambliss’ bill will reduce the age for receipt of
retirement pay by three months for every 90 days a Guard member spends on
active duty in support of a contingency operation or while responding to a
national emergency since September 11, 2001.  Senator Chambliss said
that the bill is the right thing to do because Guard members who are
called away to duty are “sacrificing their civilian careers, including their
retirement benefits.”  Senator Lindsey Graham (R-SC) agreed, calling
the bill “a great idea” and further stating that “now is the time to look
at the retirement system of the Guard and Reserve.”  [Source: NGAUS Leg
Up 20 Apr 07 ++]


VA HEFNER MEDICAL CENTER:  Responding to reports of inadequacies in
surgical services at a North Carolina Veterans Affairs (VA) Medical
Center, a Subcommittee on Oversight and Investigations oversight hearing on
19 APR found systemic procedural problems in patient safety and other
components of health care management.  Many of these problems have since
been corrected; others are still a matter of concern.  In SEP 04 VA’s
Office of Inspector General (IG), because it was working at full
capacity, asked the department’s Office of the Medical Inspector (OMI) to
investigate an allegation of suspicious deaths in the surgical service at
the Hefner VA Medical Center in Salisbury NC.  The allegations, made on
VA’s hotline that August, alleged that more than 12 deaths of surgical
patients had occurred in the last two years.  The OMI issued its report
in MAR 05, finding serious mishandling of numerous cases and a litany
of medical issues not addressed or solutions implemented. The OMI report
made 18 recommendations, all accepted by VA’s health under secretary.   

     In SEP 06, the department’s assistant inspector general, Dr. John
Daigh, issued a combined assessment program review of Salisbury, but
the team doing the review wasn’t aware of the 2005 OMI report, reducing
its effectiveness.  Daigh found that improvements had been made, a
conclusion shared by Melvin Watt (D-NC) the congressman whose district
includes the Salisbury medical center. (Daigh has since ensured that IG
staff have full access to OMI reports and refer to them.) Yet, while the
problems at Salisbury, largely attributed by both Watt and Salisbury’s
current chief of staff to former facility management have been largely
corrected, systemic problems persist.  Veterans’ Committee Chairman Bob
Filner (D-CA) pointedly asked witnesses how VA employees are held
accountable.  “We’re talking about the deaths of human beings,” he said,
decrying a bureaucratic system that impedes critical information from
reaching those who have a right to know, such as patient family members, and
those who can implement remedies. Aggravating the problem, VA’s “peer
review” system, which is supposed to facilitate the critique of
clinicians by their peers, seems to be hobbled by fear.  When asked if nurses
feared that revealing problems with the performance of doctors could
cost them their jobs, Daigh admitted the existence of such problems in
some VA locations.  The lack of information to patients and to the general
public in the wake of such reviews appears to be a systemic weakness
within the department.  Subcommittee member Brian Bilbray (R-CA),
expressing concern shared by many in the subcommittee, urged VA to do a better
job of providing information as quickly as possible. [Source: House
Committee on Veterans’ Affairs Press Release 19 Apr 07 ++]


VA RURAL ACCESS:  The House Committee on Veterans’ Affairs Subcommittee
on Health held a hearing 18 APR on veterans’ access to health care. 
Testimony focused on the ability of veterans to access care through
Department of Veterans Affairs (VA) community-based outpatient clinics
(CBOCs) and in rural communities.  “Rural has always responded to our
nation’s call for military service.  Unfortunately, as these veterans return
home, they too often experience difficulty accessing VA care because
they must travel long distances to VA facilities,” said subcommittee
member Jerry Moran (R-KS). “These veterans should not be penalized because
of where they live.  We must provide rural veterans the health care
benefits they have earned.” The National Rural Health Association,
Disabled American Veterans and The American Legion provided testimony
supporting the use of CBOCs as a way to provide care in non-metropolitan areas. 
Dr. Gerald Cross, acting principal deputy under secretary for health,
told the subcommittee that VA’s telehealth programs are being used as a
way to bring care closer to veterans.  Specifically, Cross’ testimony
stated, “Care coordination/home telehealth programs are well established
in all 21 Veterans Integrated Service Networks and currently care for
24,921 patients.”  Public Law 109-461 required the creation of an Office
of Rural Health within VA.  Cross said the “mission of the office is to
promulgate policies, best practices and innovations to improve services
who reside in rural areas of the U.S.” The subcommittee also heard
testimony from Dr. Marcia Brand, associate administrator for rural health
policy for the Health Resources Services Administration of the U.S
Department of Health and Human Services.  Brand urged collaboration between
VA and community health centers, as “effective coordination is
especially critical in rural communities, where services and providers are
limited and resources are scarce.”  [Source: House Committee on Veterans’
Affairs Press Release 19 Apr 07 ++]


NARHA VETERANS PROGRAM:  The North American Riding for the Handicapped
Association, Inc. (NARHA) plans to develop a nationwide program for
America’s wounded service personnel and veterans. At a 1 APR meeting of
the organization’s board of trustees, committees and membership
representatives NARHA established Horses For Heroes. A task force was formed to
develop the program, pilot the methods to be used, educate member
instructors, and monitor any services provided through NARHA’s nationwide
centers. NARHA promotes equine assisted activities at more than 700
member centers in the U.S. and Canada, helping individuals with special
needs gain greater independence through their involvement with horses.
Based on the success of recent pilot programs at Ft. Hood TX, and Ft. Myer
VA where the United State Army’s 3rd Infantry Regiment Caisson Platoon
is headquartered, NARHA wants to use the lessons learned to prepare
local centers for these service personnel as they return to their home
communities. The Horses For Heroes task force will oversee and facilitate
the orderly development of appropriate equine assisted activities, such
as therapeutic riding and driving, as well as equine facilitated
psychotherapy, tailored specifically to the needs of service personnel and
veterans.

     NARHA’s Chief Executive Officer, Sheila Kemper Dietrich, met
recently with many program heads at the Department of Veterans Affairs (DVA)
in Washington, DC, after Secretary R. James Nicholson personally
visited with the program conducted with the Caisson Platoon. NARHA’s national
leadership in Horses For Heroes will create a primary point of contact
for therapeutic riding centers, potential veteran or service personnel
clients, interested health service providers, and for developing the
financial resources to support the program. Kemper Dietrich is already
negotiating with the DVA to create a Memorandum of Understanding between
the two organizations. Despite the overwhelming desire of many NARHA
centers to help, Horses For Heroes will need to be properly funded, and
it is hoped that it will ultimately be furnished with a DVA
reimbursement code, just as for other forms of treatment.  [Source: The HorseTV
Channel News, http://www.horsetv.com Apr 07 ++]


WWII MERCHANT MARINE BILL:  The ranking member of the House Committee
on Veterans’ Affairs, Steve Buyer (R-IN), made the following remarks on
18 APR during a legislative committee hearing on H.R.0023, the Belated
Thank You to the Merchant Mariners of World War II Act of 2007.  The
bill would provide a benefit of $1,000 per month to World War II veterans
of the U.S. Merchant Marine and their surviving spouses.  Supporters of
this bill argue that the payment compensates these veterans for their
inability to use G.I. Bill benefits in the years after the war.  His
remarks provide a good summary of actions to date on compensating mariners
who contributed so much to the war effort:

“We are here today to discuss a question of equity: whether it is
equitable to pay Merchant Marine veterans of World War II a “thank-you”
payment for their service during the war. Anyone with even a passing
acquaintance with the contributions of these mariners to the war effort
cannot doubt their bravery. During the early war years, through 1942, more
allied merchant ships were being sunk than built; yet they sailed on and
their cargoes helped keep our allies fighting while America prepared to
exert its full and irresistible force. The law recognizes two groups of
Merchant Mariners; those who served before the Japanese surrender in
August 1945, and those who joined after that date. As of 17 JAN 88,
Merchant Mariners who served between the start of the war on 7 DEC 4, and
the surrender of Japan on 15 AUG 45, receive full veterans’ benefits and
status.  The granting of veterans status was made possible by the G.I.
Bill Improvement Act of 1977, Public Law 95-202.

     The law also created an administrative process by which civilian
or contract employees could apply to the Secretary of Defense for
veteran status to obtain VA benefits.  The Secretary in turn designated the
Secretary of the Air Force to be DoD’s executive agent to administer the
process. The first group of Merchant Mariners have access to VA health
care.  They also have access to disability compensation and pension,
loan guarantee, education, insurance, and burial and death benefits. On
10 OCT 98, the House passed H.R. 4110, the Veterans Programs
Enhancements Act of 1998, which was signed into law on 11 NOV 98. This bipartisan
bill gave limited benefits to the post-surrender group of Merchant
Mariners who served between 16 AUG 45, and 31 DEC 46.  The bill provided
eligibility for burial benefits and interment in a national cemetery.

     Before us today is the discussion of H.R. 23, which is entitled a
“Belated Thank You to the Merchant Mariners of World War II.” This bill
would give $1,000 per month, tax free, to Merchant Mariners [including
those whose service occurred between 16 AUG 45, and 31 DEC 46] and
their surviving spouses.  Mr. Chairman, this equates to giving these
veterans a non service-connected pension regardless of their income,
something we do not do for other veterans with one exception. The only other
group of veterans who receive such a pension are recipients of the Medal
of Honor. I must point out that H.R.0023 has no provision to pay for
the benefits offered under the bill.  That means this bill cannot pass
unless this committee finds the offsets or Chairman Spratt of the Budget
Committee provides new funding.  Yesterday, CBO estimated the bill at a
cost of $40 million the first years and $2.9 billion over ten years.

     In short, thank-you funds for Merchant Mariners do not exist.  And
if equity is truly your objective, I am curious why we are not also -
following your line of reasoning - discussing similar payments to the 32
other World War I and II civilian groups that received veterans status
under P.L. 95-202. Consider the Women’s Airforce Service Pilots, the
Women’s Army Auxiliary Corps, the famed Flying Tigers and all the other
groups which gained their status decades after their service.  They
served loyally, selflessly, and courageously.  Their service contributed
directly to victory in 1945.  Yet this bill does nothing for them. The
2006 edition of Federal Benefits for Veterans and Dependents contains a
complete list of these groups beginning on page 64. Mr. Chairman, you
have also promised to pay certain Filipino veterans of World War II
hundreds of millions of dollars from a 2008 budget reserve that in fact has
no money in it.  Yet, these honorable, aging veterans of the war in the
Pacific, as well as their wives, believe in good faith they will
shortly receive thousands of dollars each. But will they?”  [Source: Rep.
Steve Buyer Press Release 18 Apr 07 ++]


Depleted Uranium Update 03:  The use of Depleted Uranium (DU) in our
instruments of war continues to be a controversial issue for many
Americans.  Health and environmental effects of depleted uranium are currently
at the heart of scientific studies, a lawsuit in the New York courts
and legislative bills in more than a dozen states.  While the military
continues to deny the connection of depleted uranium to sicknesses
plaguing returning servicemen and women, a newly mandated study is just
getting under way. This started with a House amendment authored and
introduced by Rep. Jim McDermott (D-WA.) ordering a comprehensive Study with a
report due in one year on possible adverse health effects on U.S.
soldiers from the U.S. military's use of DU.  A Senate companion bill backed
by Joe Lieberman of Conn., also supported the need for a study allowing
passage of the bill which the president to signed into law OCT 06. 

     The new study which began in MAR 07 follows several that have been
completed by the military into depleted uranium, a byproduct left when
enriched uranium is separated out for use in nuclear power and atomic
weapons. The Department of Energy gives it to arms makers, where its
extreme density is valuable in the manufacture of armor and casings.  When
used shell casings vaporize on impact and spread a uranium dust that
some veterans of recent wars suspect has left them with cancers,
respiratory disease or kidney problems.  A 1996 U.N. resolution opposed its use
because of discovery of health problems after the first Gulf War.
However, the military studies have concluded there was no evidence that
exposure to the metal caused illnesses.

     To the military, the effectiveness of weapons and armor made with
depleted uranium is a valuable asset. Their bottom line: Depleted
uranium saves soldiers’ lives in combat. Robert Holloway, president of
Nevada Technical Associates Inc., a firm that specializes in radiation
safety training, disputes any concern over DU use. Holloway and others who
believe depleted uranium is safe to use say the best authority in the
scientific community would be individuals connected to the Health Physics
Society (HPS) http://hps.org.  Doug Craig of Ponce Inlet, a retired
radiation biophysics scientist, is such a person. He doesn’t believe low
doses of radiation from depleted uranium are a problem. “Uranium occurs
in a lot of places,” Craig said, “and man has been exposed to low
concentrations of uranium for a long time.” The position of HPS is that DU
emits a short-range radiation that can penetrate the protective layer of
the skin and has the potential to cause some skin damage if the
exposure continues for extended periods of time (months or years). It would be
unacceptable to wear jewelry or make tokens or coins from uranium metal
because of the possible extended exposure of the skin or lens of the
eye to beta radiation from pure metallic uranium.

     Despite a precedent that prevents military personnel from suing
the government for injuries resulting from their service, eight National
Guard veterans have won the right to be heard at a trial in New York,
about their depleted uranium exposure. Many think there will not be
enough known until a sufficient number of soldiers are tested for exposure.
The National Academies in 2000 studied depleted uranium and Gulf War
veterans and said there was insufficient evidence to link it to lymphatic
or bone cancer, noncancerous respiratory disease, and illnesses of the
nervous system and liver. But the academies recommended more study.  In
addition to the ongoing federal study more than a dozen states have
introduced legislation to track veterans who have DU exposure. Connecticut
was the first to pass a bill aimed at helping their National Guard
personnel returning from Iraq.  The most recent action in this area was on
5 APR when a Minnesota Senate panel approved a proposal to spend $1
million to test more than 800 of their veterans for exposure. The
Minnesota state House is advancing a similar proposal to fund sophisticated
testing of veterans who feel they are suffering health problems resulting
from exposure.  [Source:  Daytona Beach News Journal Audrey Parente
article 15 Apr 07 ++]


TALKING BOOK PROGRAM:  The talking book program is a library service
available to U.S. residents, or American citizens living abroad, who have
low vision, blindness, or a physical disability that makes reading a
standard printed page difficult. Through a national network of regional
libraries, the National Library Service (NLS) mails books and magazines
in Braille and on cassette, along with audio playback equipment,
directly to enrollees at no cost. In the lending of books, recordings,
playback equipment, musical scores, instructional texts, and other
specialized materials, preference shall be given at all times to the needs of the
blind and other physically handicapped persons who have been honorably
discharged from the armed forces of the United States.  The reading
materials and playback equipment for the use of blind and physically
handicapped persons may be loaned to individuals who qualify, to
institutions such as nursing homes and hospitals, and to schools for the blind or
physically handicapped for the use by such persons only. The reading
materials and playback equipment may also be used in public or private
schools where handicapped students are enrolled; however, the students in
public or private schools must be certified as eligible on an
individual basis and must be the direct and only recipients of the materials and
equipment.

     By enabling people to read independently, the program has become a
lifeline to many vision-impaired readers, including seniors with vision
difficulties due to age-related conditions such as macular degeneration
and glaucoma. Talking book clubs, offered through NLS regional and
sub-regional libraries, provide patrons with the opportunity to discuss the
books they have read and to share their love of reading with others.
Talking book clubs are open to readers of all ages. Many of the 132
cooperating libraries across the U.S. host summer reading clubs for young
patrons and participate in NLS’s national “102 Talking-Book Club,” which
honors people age 100+ for their lifelong devotion to reading. Readers
who are unable to attend NLS talking book club meetings can often
participate by telephone or computer. Online-only clubs are also available,
allowing NLS patrons nationwide to connect with other sighted and
visually impaired book lovers—without leaving home. Talking book clubs
expose patrons to new materials, broadening their appetites for literature,
expanding their imaginations and encouraging them to pursue new
pastimes with a collection of more than 400,000 titles, including the latest
bestsellers, classics, biographies, romances, mysteries, and westerns.

The following persons are eligible for service:
- Blind persons whose visual acuity, as determined by competent
authority, is 20/200 or less in the better eye with correcting lenses, or