RAO Bulletin
1 August 2008
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THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES
== Bereavement Check Cashing ------------- (New Rules Requested)
== VA Budget 2009 [04] --------------------- (Bush Threatens Veto)
== Sole Survivor [03] ---------------------------- (House Passes Bill)
== Mobilized Reserve 30 JUL 08 ----------------- (3,789 Decrease)
== Tricare Uniform Formulary [25] ----- (JUL Recommendations)
== Senior Corps ---------------------- (Service Opportunities)
== VA Lawsuit (Lack of Care) [10] ----------------- (Appeal Filed)
== DIC+SBP [04] -------------------------------------- (Offset Impact)
== Traumatic Injury Insurance -------------- (Payments to increase)
== Military Stolen Valor [08] ------------ (Ex-Atlantic City Mayor)
== Disabled Veterans Memorial [01] ------ (Commemorative Coin)
== GI Bill [26] ------------------- (Post 911 Bill Primer)
== South Carolina Vet Cemetery [01] ----- (Fort Jackson National)
== CRSC [39] ------------------------- (Glitch Surfaces)
== Agent Orange Equity ------------------------ (H.R.6562)
== Prostate Problems [05] ---------- (Abiraterone Clinical Results)
== Will [01] --------------------------------- (Guidelines)
== Overseas Absentee Voting [02] -------------- (2008 Guidelines)
== Government Vet Expenditures ---------- (1947 High Exceeded)
== Military Stolen Valor [07] --------- (Xavier Alvarez Sentenced)
== Tricare User Fee [27] -------------------- (Woes Demand Action)
== Amyotrophic Lateral Sclerosis [04] ------- (All Vets to be Rated)
== Walking Impact on Disability Risk ------- (41% Risk Decrease)
== Windows Vista [06] -------------------- (XP Downgrade Option)
== VA Voter Registration Ban [01] --------------- (VA Still Resists)
== Medicare Prescriptions ------------------- (Electronic Prescribing)
== COLA 2009 [02] --------------------------- (5.7% YTD)
== Foreclosure [02] ---------------------- (Take it to Court)
== VA Independent Living Program [02] ---------- (High Demand)
== Contact Info for Vets -------------------------------- (Who to Call)
== Cost of Government Day ---------------------------- (16 July)
== VA Retro Pay Project [12] --------- (Recheck of 25,448 Denials)
== VA - How to File a Claim [01] ------ (Online Now Authorized)
== National Park Passports [01] ----------------- (JAN 07 Change)
== Vet Jobs [03] ------------------ (Federal Age Restrictions)
== Pay as You Drive ------------------------ (CA Bill AB 2800)
== VA Claim Backlog [18] -------------- (8,763 Vets Die Waiting)
== Medicare Reimbursement Rates 2008 [12] --- (Veto Overridden)
== Medicare Reimbursement Rates 2008 [13] ---- (Middlemen Cut)
== Death Gratuity [02] --------------------------- (More Choices)
== Blood Thinners ------------- (Possible Warfarin Replacement)
== Know Your Food ----------------------------- (Read the Label)
== Veteran Legislation Status 29 JUL 08 ------- (Where we Stand)
BEREAVEMENT CHECK CASHING: A complaint was filed with federal
regulators 30 JUL against a savings and loan that refused to waive
check-cashing procedures last month so a couple could pay for the funeral of
their son who was killed in Afghanistan. Downey Savings and Loan Association
refused to immediately cash two federal bereavement checks totaling $100,000
when they were presented at its
VA BUDGET 2009 UPDATE 04: On 30 JUL the White House Wednesday
threatened to veto a spending measure for veterans and military construction
unless Congress finds offsets in other spending bills that would amount to $2.9
billion -- the sum exceeding President Bush's fiscal 2009 budget request.
Furthermore, if Congress cannot find offsets for that measure, the White House
said it would consider a veto of the remaining 11 appropriations bills.
"If Congress determines that additional resources above the president's
request are needed, Congress must provide reductions in other appropriations
bills to offset this increase and meet the president's topline [discretionary
spending cap] of $991.6 billion," OMB said. "If Congress ... does not
offset this increase with spending reductions in other bills, the president
will veto any of the other bills that exceed his request until Congress
demonstrates a path to reach the president's top line." OMB added
veterans' spending is "104% above the level when the president took
office," and therefore "provides ample resources to ensure veterans
receive the quality care they deserve."
The House could begin debate on the bill 30 JUL. If
approved by the House, it would be the first of the 12 annual spending bills.
The White House communiqué comes as Democratic leaders have said that they do
not intend to finish work on all the spending bills, in part because of Bush's
unwillingness to negotiate on spending levels. Under the $72.7 billion fiscal
2009 Military Construction-VA Appropriations bill, the Veterans Affairs
Department would receive $47.7 billion, which is $4.6 billion above the fiscal
2008 funding level and $2.9 billion over Bush's fiscal 2009 budget request. The
overall measure is $3.4 billion more than the $69.3 billion sought by Bush.
Congress provided $63.9 billion for the measure in fiscal 2008. "This
Congress is dedicated to meeting the needs of our nation's veterans, no matter
the political maneuvering of a callous president," a Democratic aide to
the House Appropriations Committee said. "Veterans are not political
bargaining chips." Bush issued a similar threat last year, but ultimately
agreed to increases for the VA. [Source: Congress Daily Humberto Sanchez
article 30 Jul 08 ++]
SOLE SURVIVOR UPDATE 03: Jason Hubbard and his two younger brothers
all served in
MOBILIZED RESERVE 30 JUL 08: The Army, Air Force and Marine Corps
announced the current number of reservists on active duty as of 30 JUL 08 in
support of the partial mobilization. The net collective result is 3,789 fewer
reservists mobilized than last reported in the Bulletin for 15 JUL 08. At any
given time, services may mobilize some units and individuals while demobilizing
others, making it possible for these figures to either increase or decrease.
The total number currently on active duty in support of the partial mobilization
of the Army National Guard and Army Reserve is 82.075; Navy Reserve, 5,814; Air
National Guard and Air Force Reserve, 11,218; Marine Corps Reserve, 8126; and
the Coast Guard Reserve, 777. This brings the total National Guard and Reserve
personnel who have been mobilized to 108,010, including both units and
individual augmentees. A cumulative roster of all National Guard and Reserve
personnel, who are currently mobilized, can be found at http://www.defenselink.mil/news/Jul2008/d20080730ngr.pdf.
[Source: DoD News Release 644-08 30 Jul 08 ++]
TRICARE UNIFORM FORMULARY UPDATE 25: On 24 JUL the Beneficiary
Advisory Panel (BAP) met to provide comments to the Department of Defense (DoD)
Pharmacy and Therapeutics Committee's (P&T Committee) recommendations on
formulary status, pre-authorizations, and the effective date for a drug's
change from formulary to non-formulary status. Moving a drug to non-formulary
status means it will still be available to beneficiaries, but usually at a
higher price. It may also require medication authorization. Current and new
drugs were reviewed during this meeting. BAP recommendations for drugs
currently on the DoD Uniform Formulary are as follows:
Hydroxytryptamine (Triptans) drugs:
. sumatriptan (Imitrex), sumatriptan/naproxen (Treximet), eletriptan (Relpax),
rizatriptan (Maxalt), zolmitriptan (Zomig) will be classified as formulary, and
. almotriptan (Axert), frovatriptan (Frova) and naratriptan (Amerge) will be
non-formulary within a 90-day implementation period.
Osteoporosis Agents:
. alendronate (Fosamax), alendronate/vitamin D (Fosamax plus D), risedronate
(Actonel), risedronate with calcium (Actonel with calcium), ibandronate
(Boniva), raloxifene (Evista), teriparatide (Forteo), recombinant calcitonin
(Fortical) will be maintained on the Uniform Formulary, and
. salmon-calcitonin (Miacalcin) will be placed on the non-formulary status
within a 90-day implementation period.
Newly approved drugs by the Federal Drug Administration were considered by the
BAP. Those recommended to be classified as non-formulary with a 60-day
implementation period were:
. nebivolol (Bystolic) is used to treat hypertension,
. levocetirizine (Xyzal) is used to treat seasonal and perennial allergic
rhinitis and chronic idiopathic urticaria,
. zileuton extended release (Zyfol CR) is used to treat asthma, and
. olmesartan/amlodipine (Azor) is used to treat hypertension.
New drugs that were recommended for formulary status were:
. fenofibrate meltdose (Fenoglide) is used for the treatment of hyperlipidemia
and mixed dyslipidemia,
. simvastatin/niacin extended release (Simcor) is used for the treatment of
hyperlipidemia,
. birmonidine/timolol maleate (Combigan) is used to reduce the increase
intraocular pressure; aliskiren/H, and
. aliskiren/hysdrochlorothiazide (Tekturna HCT) is used for the treatment of
hypertension.
Axert was placed on non-formulary status. For additional information on the
recent BAP meeting, refer to www.tricare.mil/pharmacy/bap.
[Source: NMFA e-News 29 Jul 08 ++]
SENIOR CORPS: Americans over 55 have a lifetime of experience to share,
and the potential to make a real difference in their world. They've managed
households, been business owners and nurses, farmers and salespeople, artists
and executives. Those who now have time can put their unique talents and
expertise to work in their communities, and enrich their own lives in the
process. Senior Corps connects today's over 55s with the people and
organizations that need them most. It helps seniors to become mentors, coaches
or companions to people in need, or contribute their job skills and expertise
to community projects and organizations. Conceived during John F. Kennedy's
presidency, Senior Corps currently links more than 500,000 Americans to service
opportunities. Their contributions of skills, knowledge, and experience make a
real difference to individuals, nonprofits, and faith-based and other community
organizations throughout the
. The Foster Grandparent Program connects volunteers age 60 and over with
children and young people with exceptional needs. Volunteers mentor, support,
and help some of the most vulnerable children in the
. The Senior Companion Program brings together volunteers age 60 and over with
adults in their community who have difficulty with the simple tasks of
day-to-day living. Companions help out on a personal level by assisting with
shopping and light chores, interacting with doctors, or just making a friendly
visit. For more on this program refer to www.seniorcorps.org/about/programs/sc.asp.
. RSVP connects volunteers age 55 and over with service opportunities in their
communities that match their skills and availability. From building houses to
immunizing children, from enhancing the capacity of non-profit organizations to
improving and protecting the environment, RSVP volunteers put their unique
talents to work to make a difference. For more on this program refer to www.seniorcorps.org/about/programs/rsvp.asp.
Senior Corps is a program of the Corporation for
National and Community Service, an independent federal agency created to
connect Americans of all ages and backgrounds with opportunities to give back
to their communities and their nation. For information on joining one of the
Senior Corps programs call 1-800-424-8867, email help@joinseniorservice.org, or
visit www.getinvolved.gov. [Source:
AARP About Senior Living Sharon O'Brien article 29 Jul 08 ++]
VA LAWSUIT (LACK of CARE) UPDATE 10: As promised, the advocacy
group Veterans for Common Sense has filed an appeal in a case in which it
accuses the Veterans Affairs Department of putting veterans at risk for suicide
and mental health issues through shortfalls in care. In June, Judge Samuel
Conti of the 9th Circuit Court of Appeals in California ruled that the case was
out of his jurisdiction because Veterans for Common Sense could not prove that
the problems cited - delays in benefits, lost records, long waits for doctors'
appointments, not enough oversight and veterans turned away from hospitals with
suicidal thoughts - applied to every veteran, and were therefore not systemic.
However, Conti said in his ruling that those problems need to be tended to, and
that individual veterans could sue VA. He said the power to change the system
ultimately rests with Congress and VA. But Veterans for Common Sense, in
conjunction with Veterans United for Truth, appealed because they believe the
courts do have jurisdiction and can force change. They have requested an
expedited hearing, citing new statistics that show a veterans' suicide hotline
receives 250 calls a day from people in distress. The case brought to light
several problems within the system, including an e-mail from a woman who
oversees mental health workers at a Temple, Texas, VA facility in which she
said her center did not have the resources necessary to diagnose veterans with
post-traumatic stress disorder and advised them instead to diagnose
"adjustment disorder" - a short-term diagnosis no longer applicable
to veterans who have had symptoms for more than six months. The case also
disclosed an e-mail that showed more than 1,000 veterans in VA's care attempt
suicide every month. "For these reasons, plaintiffs believe they should
continue to fight, that their cause is valid, and that Judge Conti was
incorrect in holding that the courts are without power to grant veterans a
remedy," [Source: AirForceTimes Kelly Kennedy article posted 29 Jul 08 ++]
DIC+SBP UPDATE 04: The husband of Anne Parks-- a military policeman
exposed to the defoliant Agent Orange during two tours in Vietnam -- paid 30
years of premiums on their Defense Department Survivor Benefit Plan (SBP)
insurance policy the couple believed would allow her to pay the bills and live
comfortably after his death. When he died in 2006, Parks learned that the
law allows the government to significantly cut -- and in many cases eliminate
-- that Defense Department insurance payment if the surviving spouse elects to
receive a Veterans Affairs benefit (DIC) established to compensate for the loss
of a family member whose death was service-related. DoD refunded the Parks'
premiums, but it paid no interest on the money, which was counted as income and
taxed. Called an "offset," the dollar-for-dollar cut was created to
limit how much compensation payments cost the government. Nearly 57,000 surviving
spouses of military retirees argue that the benefits are separate. One is
insurance, bought and paid for through premiums, and the other is a federal
benefit for surviving dependents.
In most cases, surviving spouses were unaware
they wouldn't get that money after their husbands or wives died. The offset has
forced some elderly surviving spouses to live solely on the VA benefit -- with
a base rate of about $13,100 a year -- or to get a job to make the rent or
house payments. Eliminating the offset between the SBP and DIC programs is
estimated to cost between $6 billion and $8 billion over the first 10 years, an
argument used by some people who oppose eliminating the offset. "That cost
is a cost of war," said Jeanne Thompson, president of the El Paso del Norte
Chapter of the Gold Star Wives of America. "They don't mind spending
money" on equipment and operations in
government and how important it is to participate --just to call their
representatives in Congress."
Legislation has been introduced in the
past years and amendments to the NDAA have been proposed but neither has gained
the support of enough legislators to change the law. Currently S.935 in the
Senate has 50 cosponsors but even if it passes it is doubtful the House, which
has no bill on the issue, will act by the end of the 110th Congress. Thus, new
legislation will have to be introduced in the 111th Congress to keep this issue
alive. SBP, for the most part, is offered to military retirees who pay a
monthly premium of 6.5% of their retirement pay. It is supposed to provide the
surviving spouse up to 55% of that retirement pay. After the 911 terrorist
attacks, the benefit was expanded to include military members who die on active
duty. DIC is paid to surviving dependents of service members who die on
active duty and military retirees who die of a service-related condition. The
basic payment is $1,091 a month. If the surviving spouse elects to receive this
benefit, that amount is deducted from the SBP payment, in some cases wiping it
out completely. Most surviving spouses choose the VA's DIC benefit because it
is not taxed. The Defense Department annuity is.
Anne Parks' husband died of pneumonia after paying 30
years of SBP premiums. His death was considered service-connected. It
took eight months to be approved for the VA benefit, and she was paid retroactively
to the date of her husband's death. But that triggered cuts in her SBP
payments, which took her by surprise. The Defense Department paid her a lump
sum of $24,000 for the 30 years of premiums the couple had paid, and the
federal government immediately took $7,000 of that back in taxes. The cuts to
her SBP payment amounted to about $1,100 a month, she said. "It seems that
it's unfair because they give it to you and then they take it away," Parks
said. Melitta Pisarcik's husband died at the relatively young age of 57.
He had been exposed to Agent Orange. She received a refund of $5,000 for
payments to the Survivor Benefit Plan, which was taxed. "What happened to
the interest?" Pisarcik asked, adding that she was faced with living on
$833 a month. [Source: El Paso Times Chris Roberts article 27
Jul 08 ++]
TRAUMATIC INJURY INSURANCE: Traumatic injury insurance is part of
the Servicemembers' Group Life Insurance program. A monthly premium of $1 is
charged on top of the normal SGLI premium for coverage aimed at helping troops
and their families with the financial difficulties of severe injuries. More
than 1,600 severely disabled veterans could receive retroactive traumatic
injury insurance payments as a result of a newly released review of how benefits
have been paid under the 3½-year-old supplemental benefits program. The
payments, which range from $25,000 to $100,000, could be paid as early as this
fall as a result of discussions between the Department of Veterans Affairs,
which runs the program, and doctors who are treating severely wounded combat
veterans. The average retroactive payment would be $32,000, according to the
JUL dated review. About 4,400 people have received traumatic injury insurance
payments since the program was created in 2005. The estimated 1,640 people who
would receive retroactive benefits as a result of the review include some who
did not previously qualify and some who received payments but now would get
more, according to VA officials. Officials said the report offers 11 recommendations
to expand definitions of traumatic injury for insurance purposes, and all are
expected to be included in a revised regulation likely to be issued by VA this
fall. No payments can be made until final regulations are issued, but the new
definitions would apply to new injuries and also retroactively to injuries
since 7 OCT 01.
Officials said that although the recommendations are
not controversial and appear to have widespread support, the regulations that
will spell out the changes are not final. More than three-quarters of the
people due payments as a result of the review suffered a traumatic brain injury
or another traumatic injury that resulted in their being hospitalized for 15
consecutive days or more since 11 SEP 01, but did not qualify for insurance
payments under the existing criterion. Those criterion use a six-part test to
determine who can receive financial help by measuring a person's ability to
carry out daily activities: eating, bathing and using a toilet. That criterion
would still be used, but inpatient hospitalization for 15 continuous days would
be a new way to qualify. The average insurance payment would be $25,000 for
those retroactively covered by the change, the report said. Traumatic brain
injuries and similar trauma have accounted for 2,550 of the 4,400 payouts of
traumatic injury insurance. Another proposed change would extend coverage to
about 300 people who suffered limb injuries so severe that amputation was
possible but who, instead, have undergone multiple surgeries to save the limb.
VA officials said doctors at
The services, especially medical staff, are heavily
involved in the process because, for a service member to receive the benefit, a
medical professional must document the injury. One recommended change would
provide an insurance payment if a service member loses sight in both eyes for
120 days, a change from the current standard that requires total and permanent
loss of sight. The program provides $100,000 for loss of sight in both eyes and
$50,000 for the loss of sight in one eye. The definition of amputation of a
hand or foot would change to include the loss of four fingers on a hand or four
toes or more on a foot, or the loss of a thumb or big toe. The benefit would be
$50,000 for one affected hand and $100,000 if both are affected, and $25,000
for one affected foot and $50,000 if both are affected. The standard for
determining when someone is severely burned also would change. The current
standard provides payment for a third-degree burn covering at least 30 percent
of the face or body. The review recommends payment for second-degree burns
covering 20% of the face or body after military doctors said that second-degree
burns require the same rehabilitation as third-degree burns. The benefit for
severe burns is $100,000. Facial reconstruction, not currently covered, would
be added, with payments ranging from $25,000 to $75,000, depending on the
severity of the injury and the surgery required. Complete and total paralysis
of a limb also would be added as a traumatic injury, worth a payment of
$50,000. [Source: ArmyTimes Rick Maze article 28 Jul 08 ++]
MILITARY STOLEN VALOR UPDATE 08: The judge's tone was sympathetic,
bordering on sorrowful. He listened as the former mayor of
Levy stepped down as mayor in October, after admitting
his two-week absence was to attend a clinic for treatment of substance-abuse
and mental-health issues. During yesterday's hearing, Simandle said Levy
unquestionably suffers from post-traumatic stress disorder. The judge said Levy
continues to exaggerate his military service, specifically by saying he did
work for an elite pathfinder unit, which set up landing zones during the war
and made other combat preparations in enemy-controlled territory. Levy insisted
he had done several missions with the unit even though he was not a member of
it. But Simandle noted that Veterans Affairs officials interviewed commanders
and members of the special unit Levy claimed to have served with, and none
remembered him. The judge said afterward that "there's no record and no
recollection of his service [with the special unit] other than Mr.
Levy's." Yet Levy insisted that he had helped the pathfinder unit from
time to time. "Being young, 17 years old, I wanted to help and do whatever
I could for my country," Levy said. "I just volunteered and went.
There were no orders; I picked up my M-16 and my radio and went along. On
occasion, they would ask me, and I said yes. I was 17 - young, strong and dumb."
Levy is now unemployed, without an income (the
Veterans Benefits Administration has stripped him of all benefits, including
those he had been receiving for physical injuries) and still dealing with
mental health issues from the war. Simandle repeatedly praised Levy's service,
which included two tours in
DISABLED VETERANS MEMORIAL UPDATE 01: On 18 JUL President Bush
signed the American Veterans Disabled for Life Commemorative Coin Act into
law. The bill authorizes the U.S. Treasury Department to mint a coin in
2010 to honor the millions of veterans who became disabled while serving in the
U.S. Armed Forces. Proceeds from the sale of the coin will go to help construct
the American Veterans Disabled for Life Memorial. Congress has authorized
the American Veterans Disabled for Life Memorial to be placed on a site
adjacent to the National Mall. The Disabled Veterans' LIFE Memorial
Foundation describes the memorial's purpose as a way to "embody
GI Bill Update 26: The new GI Bill will be a great benefit for
service members when it goes into effect until 1 AUG 09. The new
education bill, commonly called the Post-9/11 G.I Bill, will govern payment and
reimbursement plans for veterans and servicemembers who seek to further their
education. The new plan will be open to most servicemembers who served on
active duty after 11 SEP 01. This includes people who have not been eligible
for the Montgomery G.I. Bill, such as
Tuition - The Post-9/11 G.I. Bill will cover tuition with payments sent
directly to the school. The formula for determining the amount of tuition
and fees paid will be based on the highest cost of a state-supported bachelor's
degree program. The tuition amount will be paid directly to the college.
Housing - A housing allowance will be made available to prior service members
who attend as civilian full-time students. The rate will be that of a
staff sergeant (E5) with dependents.
Books & Supplies - A maximum of $1,000 per year will be allotted to the
member to cover the costs of books and supplies needed for classes. The
stipend will be divided by terms, so if someone attends a two-term school, the
allotment will be $500 per semester, whereas the student will receive $333 if
they attend a three-semester school.
Tutoring - $100 a month for 12 months will be available for tutor programs should
the service member require extra help outside of his or her studies.
Availability - Service members can use the program up to 15 years after they
are honorably discharged or retire from the service.
Certification - An extra $2,000 is available to pay for one license or
certification test as approved by the VA.
Transferability - A portion of the tuition stipend, as well as the tutoring
allowance, may be available for service members to transfer to family
members. Details for this are still being worked out between DOD and the
VA.
[Source: NAUS Weekly Update 25 Jul 08 ++]
The cemetery will include an
administration/public information center, public restrooms, a maintenance
building and two committal service shelters. Other infrastructure will
include roadways, landscaping, utilities and irrigation. Veterans with a
discharge issued under conditions other than dishonorable, their spouses and
dependent children are eligible for burial in a national cemetery. Other
burial benefits for eligible veterans include a burial flag, a Presidential
Memorial Certificate and a government headstone or marker - even if they are
not buried in a national cemetery. VA burial benefits information can be
obtained from national cemetery offices, a VA Web site on the Internet at http://www.cem.va.gov, or by calling VA
regional offices at (800) 827-1000. For information about the
CRSC UPDATE 39: The services began processing in JUN 08
Combat-Related Special Compensation (CRSC) claims based on expanded CRSC
eligibility to members with less than 20 years of service (YOS) who were
retired for medical reasons (Chapter 61) or retired under the Temporary Early
Retirement Authority (TERA) during the 1990s force reduction. Compensation
amounts vary widely based on several key factors, including rank, years of
service, DoD and VA disability ratings, and the portion of the disability that's
the result of combat. Based on individual circumstances, retirees may receive
CRSC awards that restore part or all their longevity-based retired pay. In
certain other cases, they may see no change in their pay. A few key
factors in understanding the CRSC guidance for compensation are:
- Years of Service: the more service, the easier to qualify (more ret pay
earned by service alone -- 2.5% of pay/yr) .
- Relative VA vs. DoD disability rating: the bigger the difference, the easier
to qualify for CRSC % disability due to combat: The more due to combat, the
easier to qualify for CRSC.
- Key issue: Any retired pay above 2.5% x YOS is still subject to offset by VA
disability comp.
- Multiple factors mean results not always predictable
Thousands of retirees will benefit from the CRSC expansion. However, some with
combat-related disabilities who currently lose their entire retired pay to the
disability offset will still see no CRSC payment because of an unanticipated
glitch in the statutory payment formula. With the many factors which go into
the calculation, there's no clear cutoff to explain exactly who will get less
than expected. In general, those most likely to be affected are enlisted
members with fewer than 14 years of service who have a high VA disability percentage
but a significantly lower percentage that's due to combat. Some retired
officers are also affected. For example, MOAA has noted under the
statutory formula the CRSC award for a E-7 with 12 years active duty service
rated 100% by both DoD and VA, but only 60% is combat-related would be computed
as follows:
DoD Disability Retirement: $2,376
Less Service-Earned Retirement Pay: $950
DoD Pay for Disability would be: $1,426
Max CRSC for 60% combat related: $921
Less DoD Pay for Disability: $1,426 (formula requires this deduction even when
member doesn't actually receive any pay from DoD)
CRSC Award would be: $0
DoD and DFAS aren't the culprits here...they have to pay according to the
statutory formula. MOAA has briefed the Armed Services Committee staffs on the
problem and a potential legislative fix. Informally, service and finance
officials agree that the formula doesn't work as it should in some cases.
But for the majority it works fine as in the case of an E4 with 4 YOS and rated
100% from both DoD and VA (100% combat-related):
DoD Disability Retirement: $1,412 (75% of base pay)
Less Service Earned Retirement Pay: $188 (4 Yrs x 2.5% x pay)
DoD Pay for Disability would be: $1224
Max CRSC 100% combat related: $2527
Less DoD Pay for Disability: $1224
CRSC eligibility: $1303 cannot exceed service earned pay of $188
CRSC Award would be = $188
Best advice to combat-disabled retirees: APPLY! [Source: MOAA Leg Up 25
Jul 08 ++]
AGENT ORANGE EQUITY: On 23 JUL House Veterans' Affairs Committee Chairman
Bob Filner (D-CA) held a press conference to announce the introduction of H.R.
6562, the Agent Orange Equity Act of 2008. The bill restores equity to
all
In order to try to gain a better military vantage
point, Agent Orange, which we now know is a highly toxic cocktail of herbicide
agents, was widely sprayed for defoliation and crop destruction purposes all
over the Vietnam War Battlefield, as well as nearby nations. It was also
stored on
If enacted every service member awarded the Vietnam
Service medal, or who otherwise deployed to land, sea or air, in the
PROSTATE PROBLEMS UPDATE 05: This year, according to the American Cancer
Society, an estimated 186,000 men in the
WILL UPDATE 01: When you die state law will determine what happens to
your property if you do not make a will or use some other legal method to
transfer your property. Generally, it will go to your spouse and children or,
if you have neither, to your other closest relatives. If no relatives can be
found to inherit your property, it will go to the state. In addition, in the
absence of a will, a court will determine who will care for your young children
and their property if the other parent is unavailable or unfit to do so. If you
are part of an unmarried same-sex couple, your surviving partner will not
inherit anything unless you live in one of the few states that allow registered
domestic partners to inherit like spouses:
. The will must be signed by at least two witnesses. The witnesses must watch
you sign the will, though they don't need to read it. Your witnesses, in most
states, must be people who won't inherit anything under the will. (If your
state allows "holographic" wills, you don't need witnesses.)
. You must date and sign the will.
You do not have to have your will notarized. In many states, though, if you and
your witnesses sign an affidavit (sworn statement) before a notary public, you
can help simplify the court procedures required to prove the validity of the
will after you die. You do not have to record or file your will with any
government agency, although it can be recorded or filed in a few states. Just
keep your will in a safe, accessible place and be sure the person in charge of
winding up your affairs (your executor) knows where it is. A lawyer does not
have to write a will, and most people do not need a lawyer's help to make a
basic will -- one that leaves a home, investments, and personal items to your
loved ones, and, if you have young children, that names a guardian to take care
of them. Creating a basic will rarely involves complicated legal rules, and
most people can create their own will with the aid of a good software program
or book. But if you have questions that aren't answered by the resource you're
relying on, or your situation is unusual, it may be worth it to see a good
lawyer
Handwritten, unwitnessed wills, called
"holographic" wills, are legal in about 25 states. To be valid, a
holographic will must be written and signed in the handwriting of the person
making the will; in some states it must also be dated. Some states allow you to
use a fill-in-the-blanks form if the rest of the will is handwritten and the
will is properly dated and signed. A holographic will is better than nothing if
it's valid in your state. But a will signed in front of witnesses is better. If
a holographic will goes before a probate court, the court may be unusually
strict when examining it to be sure it's legitimate. And if you don't have
guidance -- from a good self-help resource or a good lawyer -- it's easy to
write something that turns out to be ambiguous or even contrary to what you
intended. Very few wills are ever challenged in court. When they are, it's
usually by a close relative who feels somehow cheated out of a share of the
deceased person's property. To get an entire will invalidated, someone must go
to court and prove that it suffers from a fatal flaw, the signature was forged,
you weren't of sound mind when you made the will, or you were unduly influenced
by someone.
The law protects surviving spouses from being left with
nothing. If you live in a community property state (Arizona, California, Idaho,
Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin -- or Alaska if
you have made a written community property agreement), your spouse
automatically owns half of all the property and earnings (with a few
exceptions) acquired by either of you during your marriage. You can leave your
half of the community property, and your separate property, to anyone you
choose. In all other states, a surviving spouse has a legal right to claim a
portion of your estate, no matter what your will provides. But these provisions
kick in only if your spouse goes to court and claims that share. If you don't
plan to leave at least half of your property to your spouse, either through
your will or outside it, you should consult a lawyer -- unless your spouse
willingly consents in writing to your plan. Generally, it's perfectly legal to
disinherit a child. If, however, it appears that you didn't mean to disinherit
a child -- the most common example is a child born after you made your will --
then the child has the right to claim part of your property. [Source: ACS
Manila Newsletter Jul 08 ++]
OVERSEAS ABSENTEE VOTING UPDATE 02: Overseas American citizens are
eligible to participate in presidential and state primary elections, run-off
elections and special elections that occur throughout the year, as well as the
general elections in November 2008. You are strongly encouraged to register to
vote and request your absentee ballot early! The official U.S. Government
website for overseas absentee voting assistance is the Federal Voting
Assistance Program website at www.fvap.gov.
It has a wealth of information about absentee voting including: downloadable
absentee ballot applications and write-in ballots, state specific instructions
for completing the form, links to state and local officials, and a downloadable
emergency ballot to use when requested materials fail to arrive in time. The
Basic Absentee Voting Process procedure is:
1.) Complete an application form and send it to local election officials in the
2.) The local official approves your request or contacts you for further
information.
3.) The local official sends you an absentee ballot.
4.) You vote the ballot and send it back in time to meet your state's deadline.
To register to vote and request an absentee ballot you can fill out the paper
form available at the American Citizen Services (ACS) section of the U.S.
Embassy, or download the Federal Post Card Application at http://fvap.gov/pubs/fpca.html. Fill
it out and send it in, following the guidelines for your state. Each state
establishes voting procedures, and so requirements across the country vary. It
is important to be aware of your state's deadlines for registration. Specific
information about your state's procedures and a complete 2008 election calendar
are available at http://fvap.gov. There may be
last minute changes to your state's voting calendar, procedures or deadlines.
When these occur, the Federal Voting Assistance Program (FVAP) will issue a
News Release. To add your name to the distribution list for News Releases, send
an e-mail to vote@fvap.ncr.gov.
For further information you can also contact the FVAP via Email: vote@fvap.ncr.gov. [Source: ACS
Manila Newsletter Jul 08 ++]
GOVERNMENT VET EXPENDITURES: The federal government is spending
more money on veterans than at any time in modern history, surpassing the tidal
wave of spending following World War II and the demilitarizing of millions of
troops. Expenditures hit $82 billion in 2007, because of the rising cost of
health care, the expense of caring for an aging population of mostly Vietnam
War veterans and a new crop of severely wounded troops from the wars in
Also, medical costs could climb because of
unanticipated long-term problems from wounds such as traumatic brain injuries,
which remain little understood, says Adrian Atizado, assistant legislative
director with the Disabled American Veterans. Annual costs for a severe head
injury can reach $400,000, according to a RAND Corp. study released this year.
About 1.6 million Americans have served in
MILITARY STOLEN VALOR UPDATE 07: A suburban water official who lied
about being a Marine and receiving the Medal of Honor was sentenced 21 JUL to
more than 400 hours of community service at a Veterans Affairs hospital. Xavier
Alvarez, 50, was arrested following his comments at a
TRICARE USER FEE UPDATE 27: For the third consecutive year, the
Pentagon's budget request for fiscal 2009 calls for big hikes in enrollment
fees, deductibles and pharmacy co-pays in its Tricare health insurance program
.It's not hard to see why. Military health care costs have ballooned from $19
billion in 2001 to $43 billion this year, almost 10% of the entire defense
budget. At this rate, health care will hit $65 billion by 2015. Clearly,
something must be done. But so far, the Pentagon and Congress have been talking
past each other. Defense officials say they need fee hikes to raise revenue and
to discourage people who have other health care options from using Tricare in
the first place. "Health care costs are eating us alive" Defense
Secretary Robert Gates told House lawmakers 6 FEB. "We really need to work
with the Congress." To date, however, Congress hasn't said much more than
no to fee hikes. That's like ignoring your credit card bill and hoping your
bank won't notice. Congress has sat by for more than a decade, ever cognizant
of soaring health care costs, but not once raising Tricare fees, which haven't
changed since the program's inception in 1995. Not even to adjust for
inflation.
The Pentagon's plan will be based largely on a recent
task force report that calls for beneficiary costs to double, triple and, in
some cases, quadruple. The argument is that unless costs rise significantly,
the military will be left to care for ever more people, because those with
other options will have no incentive to look elsewhere for health care. But
that position is undermined by the task force's preoccupation with appearances.
Bizarrely, one of the main concerns expressed in its report is a desire to
avoid making the military health care system seem too generous when viewed by
American taxpayers. Meanwhile, the proposed fee hikes make it look as if health
care officials set out deliberately to change that perception. For example, the
Pentagon task force proposes to increase retail pharmacy co-pays by as much as
fivefold. The aim is to push people to use on-base pharmacies or the Tricare
Mail Order Pharmacy, which are less costly for the Defense Department. But
filling a prescription on base can be far from convenient for those on remote
duty or living far from the main gate. And mail order is suitable only for
long-term maintenance drugs. Consider, then, the impact of such a change on the
spouse of a junior soldier whose kids all get sick at the same time and need
antibiotics immediately. Fees would also rise for retirees. The bulk of the
increases would fall on retirees under age 65, many of whom have access to
other health insurance through private-sector employers.
Deplorably, the Pentagon hopes to discourage these
retirees from using a benefit they earned over the course of 20 or more years
in uniform by making it financially unattractive. That's tantamount to revoking
the benefit entirely. The third piece of the task force plan is a proposed $120
annual enrollment fee for retirees over age 65. Even the task force admits this
idea runs counter to the intent of Congress when it created Tricare for Life in
2001.Together, the Pentagon hopes, these fee hikes will generate $700 million
in revenue in fiscal 2009, plus $500 million in savings associated with reduced
usage of Tricare benefits. So if lawmakers reject the proposal as they've done
twice before, they'll have to find $1.2 billion to make up the difference in
next year's budget. The Pentagon's plan is unacceptable. But it is, at least,
only the first salvo in this year's debate. Now it's up to Congress to answer
with a plan of its own. [Source: AirForceTimes Don Harribine editorial 21
Jul 08 ++]
AMYOTROPHIC LATERAL SCLEROSIS UPDATE 04: Two years of hard work came to
fruition 16 JUL in a move that could benefit thousands of veterans who suffer
from Lou Gehrig's disease. The U.S. Department of Veterans Affairs will grant a
service-connected disability, the highest category of disability, to all
veterans with ALS, or amyotrophic lateral sclerosis, a degenerative disease
that affects veterans at a rate at 1.6 times the general population. The
news came during a conference call among Dr. James Peake, secretary of Veterans
Affairs, Sen. Lindsey Graham and retired Air Force Brig. Gen. Tom Mikolajcik,
who suffers from ALS and spoke from his
There are eight categories of care in the VA system. A
catastrophic illness could give a veteran Category 4 status, Mikolajcik said,
and will provide medication and some equipment. "There's a huge
difference between Category 4 and 1," Mikolajcik said. That difference,
that could mean a disability pension, help with transportation and grants for
home modification. Why veterans are more likely to get the disease is
unknown. A voluntary registry of veterans with ALS recorded 2,117 people
from 2003-07. Those are only the veterans who knew of the registry and made the
call.. Today, only 800 of them are alive. Mikolajcik met with the
previous VA secretary in 2007, and he was told more studies were needed. In
April, the retired general met with the new secretary, Peake, when he visited
WALKING IMPACT on DISABILITY RISK: According to a new
Trudy Moore-Harrison, the lead author of the study and
a former UGA doctoral student, explained that the researchers focused their
study on low-income individuals because people with fewer financial resources
are less likely to be physically active and are more likely to have chronic
health conditions and lack health care coverage. Moore-Harrison added that
walking doesn't require any special equipment other than a pair of comfortable
shoes, which makes it a simple and low-cost way for people to become active.
She supervised the group, but the researchers said that motivated community
members could lead similar groups across the country. Getting people to stick
with exercise programs can be notoriously difficult, but the researchers found
that every single member of the group stayed with the program for its
four-month duration. The researchers measured the aerobic capacity of the
participants using a treadmill test and found that while the control group saw
an 9% decline in aerobic capacity over the four-month study period, the aerobic
capacity of the walking group increased by 19% over the same time period.
"Aerobic capacity is really the engine that we draw upon for doing the
things we want to do, whether it's cleaning up around the house or running a
marathon," Cress said. "By increasing their aerobic capacity, the
walking group was better able to perform their daily tasks and had more energy
left over for recreational activities, like going out dancing."
The researchers assessed health status and bodily pain
through questionnaires and examined disability by measuring performance on
factors such as balance and walking. Physical functioning was measured through
both questionnaires and through tests that measured how well the volunteers
performed daily activities such as climbing a flight of stairs and putting on
and removing a jacket. They found that physical function increased by 25% in
the walking exercise group, compared to a decrease of 1% in the control group.
And while the control group saw their risk of disability increase over the
four-month period, the walking exercise group saw their disability risk go from
66% to 25% - a decrease of 41% in just four months. "We know that
walking is good for you, but too many people still aren't doing it,"
Moore-Harrison said. "This study shows that just walking on a regular
basis can make a huge impact on quality of life." The research was
supported by the UGA Institute of Gerontology Seed Grant, the Northeast Georgia
Area Agency on Aging and the Georgia Gerontology Consortium Seed Grant. The
research was done in cooperation with the Athens Housing Authority.
[Source: UGA News Release 1 Jul 08 ++]
WINDOWS VISTA UPDATE 06: Windows XP officially went off the market
on 30 JUN 08, and computer vendors aren't supposed to sell new machines
configured with any version of Windows except
Questioning the nine largest PC vendors in the
. DELL has one of the most extensive and detailed policies on Windows XP of the
nine vendors investigated, but getting XP preinstalled on a machine may cost
you extra. The company outlines the situation in this blog posting, where the
company explains that though the XP downgrade program targets corporate
customers, it's an option for general consumers, too. Though the rules are
complicated, they are in line with those of most other sellers. To be eligible
for an XP downgrade, you must be purchasing a Latitude laptop, an OptiPlex
desktop, a Precision workstation, a Vostro laptop or desktop, an XPS 630
desktop, or an M1730 laptop. The machine must be specced to come with Vista
Business or Vista Ultimate, and you can downgrade only to XP Professional. You
must pay a $20 to $50 fee for the downgrade if you're buying a Vostro or XPS;
corporate clients receive the downgrade at no charge. The program is slated to
run until 31 JAN 09, but Dell says that even after that it will continue to
make some enterprise-level exceptions. Refer to http://yourblog.direct2dell.com/2008/05/12/life-after-windows-xp/
. HP offers dozens of computer models, but its policy regarding Windows XP
breaks down fairly simply: None of its consumer products are eligible for
downgrading, but all of its business products are. The machines covered include
some (but not all) desktop PCs, notebook PCs, and workstations in the Compaq
line, as well as some systems that bear the HP brand. On qualifying systems, HP
will preinstall XP and you'll receive a disc for both XP and
. ACER doesn't sell machines directly to consumers, only to resellers.
According to Acer, the company no longer sells machines with XP installed, nor
does it offer a standard XP downgrade program. Nevertheless, Acer says,
resellers can request a downgrade on any machine, and Acer will continue to
offer such services through 31 JAN 09. N their website you'll find at
least one system, the Ferrari 5000, listed as being available with Windows XP
(though that configuration option may be an oversight). Visit a few resellers,
and you'll find some Acer machines loaded with XP and some loaded with
. SONY offers two new laptop series--the VAIO BZ and VAIO SR-- with an XP
downgrade option, with XP preinstalled by Sony at the customer's request. For
the VAIO TZ or the VAIO SZ laptop configured with Vista Business, Sony will
ship it with a driver CD in the box that included everything needed to make the
laptop work with XP. However, Sony will not provide or sell the XP disc itself
so a customer would be responsible for supplying their own OS.
[Source: PC World Christopher Null article 22 Jul 08 ++]
VA VOTER REGISTRATION BAN UPDATE 01: The Department of Veterans
Affairs continues to resist efforts by lawmakers to allow voter registration
groups access to patients at hospitals and nursing homes. Secretary of Veterans
Affairs Dr. James Peake said VA will provide information to veterans about
voter registration but will not open the doors to outside groups for two
reasons: VA is not prepared to judge whether an organization is truly
nonpartisan, and involving federal workers in a partisan operation would
violate federal law. "The agency is not in a position to examine the
agenda, history and motivations of every organization that may wish to conduct
voter registration drives in our facilities," Peake said in a 15 JUL
letter to three senators, Daniel Akaka (D-HI), Dianne Feinstein (D-HI) and John
Kerry (D-MA). The Veterans Health Administration has a policy, dated 5 MAY 08
to assist patients who want to vote or register to vote, but it does not allow
voter registration drives in order to avoid involving employees in partisan
activities and disrupting medical facilities. Peake said voting and voter
educational materials are being made available to patients. Akaka, chairman of
the Senate Veterans' Affairs Committee, said he is "amazed that VA insists
on banning all voter registration drives by outside groups" and thinks VA
is reading too much into the Hatch Act, which limits the political activities
of federal workers. "If VA really cannot distinguish between nonpartisan
and partisan voter registration drives, it should just allow both and advise VA
employees not to participate if they are uncertain, since the Hatch Act is
implicated only if VA employees participate. As it stands, VA policy
"makes it unnecessarily difficult" for some veterans to vote, Akaka
said. (Source: Air Force Times Rick Maze article 21 Jul 08 ++]
MEDICARE PRESCRIPTIONS:
Medicare started paying bonuses to doctors last year
for using the Physician Quality Reporting Initiative, which collects data on
the quality of care delivered by doctors. Medicare recently paid the first
bonuses to more than 56,000 doctors, totaling more than $36 million. Payments
ranged from $600 for individual doctors to $4,700 for group practices. The new
bonuses for e-prescribing will be on top of those paid as part of the Physician
Quality Reporting Initiative and other Medicare reimbursements. Medicare
expects to save up to $156 million over the life of the e-prescribing program
in fewer adverse drug events.
Despite the advantages of e-prescribing, barriers to implementing such systems
remain. One of the largest barriers is the cost. It's estimated that it will
cost about $3,000 per doctor to initiate an e-prescribing system. It also takes
between $80 and $400 a month to maintain and operate a system, Kerry Weems,
acting administrator of the U.S. Centers for Medicare & Medicaid Services,
said during the teleconference. Other barriers include state laws that prohibit
e-prescribing across state lines, King said. And, there are areas in the
country where computer systems are slow and inefficient, he said. For more on
electronic medical records, visit the American Medical Association.
[Source:
COLA 2009 UPDATE 02: On 14 JUL, the Bureau of Labor Statistics at www.bls.gov/cpi announced the JUN 08 monthly
Consumer Price Index (CPI), which is the metric used to calculate the annual
cost-of-living adjustment (COLA) for military retired pay, VA disability
compensation, survivor annuities, and Social Security. The CPI jumped 1.1% over
May's value because of energy prices. The CPI-W for JUN is 215. 233. This
puts cumulative inflation at 5.7% since the beginning of the fiscal year in
October 07. The COLA will be even higher if inflation goes up between now and
30 SEP. A breakdown by expenditure item (i.e. food, housing, apparel, health
etc.) can be found at www.bls.gov/cpi/cpid0806.pdf.
About one in every six Americans - millions of former feds, ex-military and
people on Social Security - will get the JAN 09 COLA. It's automatic. Congress
and the White House don't have to do anything to implement it. And, because
Social Security is the dangerous third rail of American politics, Congress and
the White House know better than to touch it. The majority of federal retirees
are under the old Civil Service Retirement System. They will get the full COLA
regardless of their age. Retirees who are under the FERS retirement system get
one percentage point less than the full COLA and they don't qualify for it
until they are age 62 or older. July's consumer price indices will be
released on 14 AUG 08. [Source: MOAA Leg Up 18 Jul 08 ++]
FORECLOSURE UPDATE 02: As foreclosures continue to mount, borrowers
who have run out of options are turning to attorneys to fight back -- and
they're living mortgage-free for months in the process. Although the chances of
ultimately keeping a foreclosed home are slim, for $1,500 to $3,000 some
lawyers are offering to defend borrowers in court, causing the wheels of justice
to turn more slowly. Duking it out can add months and sometimes years to a
foreclosure process that in
While a foreclosure may seem straightforward -- a
borrower doesn't pay and the bank takes back the home -- lawyers say there are
numerous ways to fight:
- One way is forcing the lender to prove it owns the debt behind the mortgage
by producing a promissory note. A mortgage is a security instrument pledging
property as collateral for a loan if a borrower defaults, but it is not the
promissory note itself. As mortgages were bought, bundled and sold off to
investors, notes got lost in the shuffle, landing in vaults or warehouses
around the country. Physically retrieving them can be difficult and sometimes
impossible. About 80% of the time, lenders fail to attach a copy to the
lawsuit, Kingcade and others said. When lenders can't prove they own the loan,
lawyers can get cases dismissed, said Peter Ticktin of the Ticktin Law Group in
- Some lawyers also ask lenders to produce all the documents in a loan file,
transcripts of phone conversations with the borrower and copies of written
correspondence, which can take up to a year or more to compile. Several
businesses are involved, and some may have gone out of business. Kingcade said
requesting and reviewing a complete file could turn up fraud or other
inconsistencies leading to a successful defense, though ``the bank may be
entitled to its money, and 99.9% of the time the bank is absolutely right.''
Neither Kingcade nor other attorneys interviewed said seeking out such
documents was intended only to stall the process, which could be considered
unethical. Ticktin said many borrowers were duped by dishonest brokers and took
on loans they could never afford. They could have their cases successfully
mediated. Some borrowers' payments were misdirected and not properly credited
to their accounts.
Yet, for every legitimate miscommunication and misconduct by a mortgage lender,
dozens of bogus defenses are filed, clogging up the courts, some lawyers said.
A borrower can easily extend the sale date of a home by up to 90 days by
showing up at the last hearing and explaining to the judge why more time is needed.
Marc Ben-Ezra, who also files foreclosures statewide for lenders, said the
borrower who seeks to delay the inevitable can face consequences. Interest
rates and other costs continue to pile up as the process drags on. Borrowers
could be liable for the difference between what the lender recoups from the
eventual home sale and the amount owed on the loan. Plus, homeowner and condo
fees aren't being paid, which places hardships on people who are paying their
debts. [Source:
VA INDEPENDENT LIVING PROGRAM UPDATE 02: A House subcommittee was
told 17 Jul that the Department of Veterans Affairs' Independent Living Program
is failing to adequately address the needs of severely disabled veterans.
Bruce McCartney, a former soldier, told the House Veterans' Affairs economic
opportunity subcommittee that the ILP is riddled with problems related to
application delays, staffing shortages and limited spots in the program. The
ILP, created as part of VA's Vocational Rehabilitation and Employment Services,
is designed to provide severely disabled veterans with specialized medical and
mental health assistance and training in independent living skills. McCartney,
who spent 17½ years on active duty, applied for the ILP in 2003 and was taken
on what he called a "four year-nightmare." His application spent four
years going from local case managers to counselors and regional and local
headquarters until he finally began receiving assistance last year. "ILP should
service all eligible [veterans], and it should be faster," McCartney said.
"It should not take two to three years."
Part of the problem is high demand; the ILP can serve
only 2,500 veterans at one time. Veterans can stay in the program for up to 30
months. Rep. John Hall, D-N.Y., said many severely disabled veterans have
benefited from the program, but he also said he believes the cap on
participants should be modified or removed. Theresa Boyd, vocational
rehabilitation consultant for Paralyzed Veterans of America, said case managers
sometimes try to slow down the process for individual veterans to accommodate
to cap. She said VA should hire more staff and remove the cap. John Lancaster,
executive director of the National Council on Independent Living, told lawmakers
that the application process should take only about a month. "VR&E
should be the crown jewel of programs for disabled veterans," said Rep.
John Boozman (R-AR). "While I am impressed with the overall program, I
believe we must find ways to make improvements in performance assessment
methods so that VR&E can be certain it is meeting the needs of disabled
veterans." [Source: AirForceTimes Cristian Hernandez article 17 Jul 08 ++]
CONTACT INFO for VETS: Anyone in the military community who feels
the need to talk to someone regarding their situation can call or contact:
Veterans Suicide Prevention Hotline
800-273-TALK (8255) and press 1
Para obtener asistencia en español durante las 24 horas, llame al
1-888-628-9454
http://www.suicidepreventionlifeline.org/Veterans/ResourceLocator.aspx
National Suicide Prevention Hotline
800-SUICIDE (784-2433)
Para obtener asistencia en español durante las 24 horas, llame al 1-888-628-9454
http://www.suicidepreventionlifeline.org/help/
U.S Army Wounded Soldier & Family Hotline
800-984-8523
wsfsupport@conus.army.mil
Military Severely Injured Center
800-774-1361
http://www.militaryhomefront.dod.mil/portal/page/itc/MHF/MHF_HOME_1?
section_id=20.40.500.393.0.0.0.0.0
Deployment Health Clinical Center
800-796-9699
http://www.pdhealth.mil/downloads/Lets_Talk.pdf
Navy Safe Harbor-Severely Injured Support
877-746-8563
http://www.npc.navy.mil/CommandSupport/SafeHarbor/
safeharbor@navy.mil
Military One Source
800-342-9647
En español llame al: 1-877-888-0727
http://www.militaryonesource.com
[Source: EANGUS Minuteman Update 17 Jul 08 ++]
COST of GOVERNMENT DAY: Citizens Against Government Waste
(CAGW) on 16 JUL observed Cost of Government Day by expressing outrage at the
federal, state, and local governments' continued abuse of hundreds of billions
of tax dollars in outdated, ineffective, duplicative, and wasteful programs and
agencies. Cost of Government Day is the date on which the average
American worker has earned enough to pay off his or her share of tax and regulatory
burdens imposed by all levels of government, according to the Americans for Tax
Reform Foundation (www.atr.org). Americans now
work more than half of the year 197 days to pay their share of the cost of
government with 84 of those days due to federal spending alone. This
year, the average American will need to work an additional 16 days out of the
year to pay off his or her cost of government compared to 2000 and four days
compared to last year. Earlier this year, CAGW identified 11,610 pork-barrel
projects in its 2008 Congressional Pig Book totaling $17.2 billion. The book
can be reviewed online at www.cagw.org/site/PageServer?pagename=reports_pigbook2008.
Citizens Against Government Waste is a nonpartisan, nonprofit organization
dedicated to eliminating waste, fraud, abuse, and mismanagement in government.
[Source: CAGW News release 16 Jul 08 ++]
VA RETRO PAY PROJECT UPDATE 12: The Pentagon's accounting unit
agreed 16 JUL to double-check requests by more than 25,000 veterans who were
turned down for back benefits, concurring with U.S. Rep. Dennis Kucinich that
"a veteran deserves better." Kucinich, head of a domestic policy
subcommittee House panel that found flaws in the military benefits system, also
got the Pentagon's acting inspector general to order an audit. This will help
determine whether more than 60,051 veterans who were approved for back benefits
got the right amounts. The head of the Pentagon's Defense Finance and
Accounting Service (DFAS) said at a hearing that he thinks the error rate in
granting benefits was less than 1%. And an executive of a DFAS contractor,
Lockheed Martin, said past problems were caused by automation and data flaws
that are now resolved. But DFAS director Zack Gaddy also disclosed at the House
hearing that a high-level management team was sent to
The controversy stems from a decision by Congress in
2003 and 2004 to allow veterans to collect their military disability pay as
well as their veterans pensions. Previously, the amount of their disability pay
was deducted from their pensions on retirement. The change created thousands of
claims for retroactive payments -- and to what Kucinich says may have been the improper
denial of checks for more than 28,283 veterans, as well as errant payments to
many others. Gaddy put the number of denials somewhat lower, at 25,448.
Kucinich's subcommittee staff reviewed thousands of pages of records and e-mail
and determined that DFAS and Lockheed Martin only brought the backlog of
133,057 cases to date last month. After growing frustrated by numerous delays,
DFAS lent its own federal workers to help Lockheed Martin with its
In helping its contractor, DFAS also reduced its
oversight, Kucinich said, failing to double-check or audit Lockheed Martin
decisions on benefits as frequently as it should have. The problem now,
Kucinich said, is that no one knows whether the decisions on granting
retroactive pay and benefits were proper. Even the ranking Republican on the
subcommittee, Darrell Issa of
VA - HOW TO FILE A CLAIM UPDATE 01: The Department of
Veterans Affairs (VA) announced 16 JUL that on-line applications are now
accepted from veterans, survivors and other claimants filing initial
applications for disability compensation, pension, education, and vocational
rehabilitation and employment benefits without the additional requirement to
submit a signed paper copy of the application. Effective immediately, VA will
now process applications received through its on-line application website
(VONAPP) without the claimant's signature. The electronic application
will be sufficient authentication of the claimant's application for benefits.
Normal development procedures and rules of evidence will still apply to all
VONAPP applications. VONAPP (www.va.gov/onlineapps.htm)
is a Web-based system that benefits both internal and external users. Veterans,
survivors and other claimants seeking compensation, pension, education, or
vocational rehabilitation benefits can apply electronically without the
constraints of location, postage cost, and time delays in mail delivery. VONAPP
reduces the number of incomplete applications received by VA, decreasing the
need for additional development by VA claims processors. The on-line
application also provides a link to apply for VA health care benefits and much
more. Over 3.7 million veterans and beneficiaries receive compensation and
pension benefits from VA and approximately 523,000 students receive education
benefits. Approximately 90,000 disabled veterans participate in VA's
Vocational Rehabilitation and Employment program. For more information about VA
benefits, go to VA's website at http://www.va.gov/
or call 1-800-827-1000. [Source: VA News Release 16 Jul 08 ++]
NATIONAL PARK PASSPORTS UPDATE 01: The National Park Service is an
participant in the new Interagency Pass Program which was created by the
Federal Lands Recreation Enhancement Act and authorized by Congress in DEC 04.
Participating agencies include the National Park Service, U.S. Department of
Agriculture - Forest Service, Fish and Wildlife Service, Bureau of Land
Management and Bureau of Reclamation. The pass series, referred to collectively
as the
-
-
-
-
Existing Golden series passes will no longer be sold or issued,
but they will continue to be honored for as long as they are valid. The
Forest Service, National Park Service, Fish and Wildlife Service, Bureau of
Land Management, and Bureau of Reclamation will honor all three passes at sites
where Entrance or Standard Amenity Fees are charged. In addition, the Corps of
Engineers and Tennessee Valley Authority may honor the Senior and
VET JOBS UPDATE 03: A recent decision from the Merit Systems
Protection Board (MSPB) could open hundreds of law enforcement and other jobs
to veterans who previously bumped up against age restrictions during the
application process. MSPB ruled on 2 JUL that the State Department must waive
maximum entry age requirements for veterans applying to become special agents
at the Diplomatic Security Service. The case, Isabella v. Department of State,
stems from a claim filed by Robert Isabella, a preference-eligible veteran who
applied for a special agent position at the department. The job description
called for someone 37 or younger; Isabella was 36 when he applied and when he
turned 37, the agency stopped processing his application. The reasoning was
that he was too close to the cutoff age. But MSPB found that this violated
Isabella's rights under the 1944 Veterans Preference Act, the 1998 Veterans
Employment Opportunities Act, and the 1994 Uniformed Services Employment and
Reemployment Rights Act.
The ruling pointed to a section of the Veterans
Preference Act that requires federal agencies to waive maximum age rules for
preference-eligible applicants unless the age requirement is essential to the
performance of the work. The board determined that in this case the sole
purpose of the age restriction was to allow agents to enjoy a full career
before reaching the mandatory retirement age, which is normally 57, but can be
extended three years to 60 if the agency has a particular need. "Being 37
is not critical to the job," said Mathew Tully, the attorney who
represented Isabella. "[State] has special agents up to age 60, and if you
could be 60 and a special agent, it's not a critical element of the job."
MSPB ordered State to waive the age requirement for Isabella and finish
processing his application. Tully said the ruling opens up to veterans 280
federal law enforcement and firefighter jobs that used to have age
restrictions. The only other field that is not covered by the ruling is air
traffic control, which has a maximum entry age of 30. But Tully said the ruling
for law enforcement positions would make winning a second case for air traffic
control "relatively easy." "It's crucial that veterans are
knowledgeable about the laws that can help them get an edge in federal
employment," Tully said. "The more who know, the more who will become
federal employees." [Source: GocExec.com Newsletter Brittany Ballenstedt
article 15Jul 08 ++]
People who agree to tie their insurance premiums directly to miles driven are
likely to make the maximum effort to stay out of their cars. That way,
proponents say, they'll save money on gasoline and insurance, the top two costs
of owning a car.
The concept, if applied nationwide, would do a lot
more than cut insurance bills. A study by the Brookings Institution, a
Proponents, including trade groups representing most
major insurance companies, say that now is the perfect time for pay as you
drive. With gasoline prices near $5 a gallon and likely to head higher,
motorists are changing their driving patterns. Last month the U.S. Department
of Transportation reported that Americans drove 1.4 billion fewer miles in
April than they did a year earlier. But privacy advocates worry that companies
might install sophisticated GPS devices on cars that would communicate via
satellite where and when motorists travel and whether they are speeding or
driving recklessly. Insurance experts suggest that privacy concerns may have
been the undoing of a pay-as-you-drive product launched two years ago by
Poizner said he intended to explore techniques that
are less invasive than GPS. Those include using electronic monitors that check
only odometer readings, accessing maintenance records and authorizing smog
inspection stations to report mileage readings. Under
VA CLAIM BACKLOG UPDATE 18: The title of the House committee
report sums up what happened: "Die or Give Up Trying: How Poor Contractor
Performance, Government Mismanagement and the Erosion of Quality Controls
Denied Thousands of Disabled Veterans Timely and Accurate Retroactive Retired
Pay Awards." The report by the majority staff of the House Oversight and
Government Reform domestic policy panel, released Tuesday, concluded that at
least 28,283 disabled retirees were denied retroactive pay awards because
rushed efforts to clear a huge backlog of claims led program administrators to
stop doing quality assurance checks on the claims decisions. And of the
original 133,057 potentially eligible veterans, 8,763 died before their cases
could be reviewed for retroactive payments, according to the report. At issue
are the Concurrent Retirement and Disability Payments and Combat-Related
Special Compensation programs, approved by Congress in 2003 and 2004 to allow
large numbers of disabled retirees to receive full concurrent military
retirement pay and veteran's disability compensation.
For more than a century before those programs were
enacted, disabled retirees were forced to forfeit a dollar of military
retirement pay for every dollar they received in veterans' disability payments.
About 223,180 disabled veterans receive monthly CRDP payments, while another
60,155 disabled veterans receive monthly payments under CRSC. Under the
programs, many disabled veterans also became eligible for a single retroactive
payment due to changes in their disability status. As of SEP 06, the Defense
Finance and Accounting Service (DFAS) determined that 133,057 veterans
potentially were eligible for these so-called "VA Retro" payments.
Over time, another 84,237 newly retired and other veterans were added to the
list. Yet as of 1 MAR 08, more than 60,000 eligible veterans were still waiting
for reviews of their cases under the two programs. The claims processing shortfall
was raised during a February defense budget hearing; Pentagon Comptroller Tina
Jonas told the Senate Budget Committee that she had recently asked Zack Gaddy,
the director of the DFAS, to triple the number of people working on the
backlog. In FRB 08, the backlog was said to be "more than 39,000"
cases. Jonas said she had been assured that the backlog would be cleared by APR
08.
That did not happen, according to the subcommittee
report, because Lockheed Martin, the contractor hired in JUL 06 to compute the
complex retroactive pay awards, had difficulty making the computations fast
enough to eliminate the backlog quickly. The complexity of the computations
also hindered Lockheed Martin's ability to develop software to automate the
process. Two other factors played a role: The required databases did not exist,
and the Department of Veterans Affairs and the military services "were
slow to put the data in the necessary form for automation." As a result,
Lockheed Martin was forced to compute the cases manually. It did so, and with
just under half the number of workers the government had previously used for
the work - a relic of the original contract proposal, according to the report.
Lockheed Martin missed its original NOV 07 deadline and every succeeding one,
the report stated. The committee said Gaddy personally monitored the program
and "frequently complained to Lockheed about low productivity and the high
number of errors DFAS quality control auditors were detecting." Gaddy also
expressed concern that the delays were damaging the reputation of DFAS.
To ease congressional concerns and speed up the review
process, DFAS chose several "questionable approaches" - assigning
federal workers to duties covered by the contract with Lockheed Martin, and suspending
independent quality checks on Lockheed's calculations. After those measures
went into effect on 1 MAR, up to 60,051 payments were made to eligible
veterans. But the subcommittee concluded that "serious questions"
remain about the accuracy of these payments. "While the subcommittee
majority staff does not know how many erred payments were sent, we do not
believe that DFAS knows either," the report said. Under Lockheed's
operating procedures, its quality assurance team also did not verify the
accuracy of any "No Pay Due" determinations, which are sent directly
to veterans without verification, the report added. "Neither DFAS nor
Lockheed knows how many 'No Pay Due' letters could be in error," the
report states. Such letters were sent to at least 28,283 veterans. DFAS and
Lockheed Martin announced that the VA Retro backlog was finally eliminated by
the end of June, seven months after the original deadline. Lockheed Martin was
paid $18.74 million for its work on the backlog. [Source: AirForceTimes William
H. McMichael article Posted 16 Jul 08 ++]
MEDICARE REIMBURSEMENT RATES 2008 UPDATE 12: President Bush sought to
block a bill 15 JUL aimed at forestalling an 11% cut in payments to
doctors taking care of Medicare patients, but Congress quickly overrode his
veto. The House voted 383 to 41 to override the veto, while the Senate
voted 70 to 26, in both cases far more than the two-thirds necessary to block
the president's action. With organized medicine, other lobbies, and the
military community promoting the popular measure in an election year,
Republicans broke heavily from the white house. A total of 153 House
Republicans voted to defy the White House, 24 more than in a 24 JUN vote that
started the momentum toward passage of the Medicare doctors' bill. Twenty-one
Senate Republicans voted for the bill this time, including four senators who
had voted "nay" in the two previous Medicare votes. The Medicare bill
is the third, along with the recent farm bill and a water resources bill, to
become law despite Bush's veto. Overall, Bush has vetoed 12 pieces of
legislation during his presidency, including a "pocket veto" of last
year's defense authorization bill.
At issue in this bill was how the government should
respond to a planned reduction in Medicare doctors' fees, mandated by a formula
that requires the cuts if certain spending targets are not reached. Under the
formula, a 10.6% cut in fees for doctors was supposed to go into effect 1
JUL, but Congress overwhelmingly voted instead to reduce the reimbursement to
insurance companies that serve Medicare beneficiaries under its managed-care
program. Those reductions would allow the postponement of the pay cut to
doctors for 18 months, but would cost the insurers $14 billion over five years.
Bush said the cuts to insurers would harm the managed-care program, which his
administration sees as giving seniors more choices and eventually leading to
lower health costs for the federal government. "I support the
primary objective of this legislation, to forestall reductions in physician
payments," Bush said in his veto message. "Yet taking choices away
from seniors to pay physicians is wrong." He called the bill
"fiscally irresponsible" and charged that it "would undermine
the Medicare prescription drug program." But Democrats said their
legislation would prevent doctors from fleeing the traditional treatment
practices that are used by more than 8% of the mostly elderly Medicare
patients. They said private insurers were receiving too much funding in the
Medicare Advantage program. "I guess the president is voting with
them and not with America's seniors and those with disabilities when he vetoed
this bill," said House Speaker Nancy Pelosi (D-CA).
The House and Senate votes followed a large political
push by the American Medical Association -- which ran ads in home states and
districts of key Republicans -- and AARP, which held a lobbying campaign in
which 1.2 million of its activists contacted members of Congress urging the
veto override.
Health-care experts said Congress is simply moving the problem down the road,
since lawmakers will be confronted within the year with the need to take
additional steps or allow a major cut in physician fees. "This is
stopgap Medicare legislation," said Charles N. "Chip" Kahn III,
president of the Federation of American Hospitals. "It is not confronting
any of the major spending or organizational issues concerning Medicare."
Yesterday's congressional votes were not as dramatic as the maneuvering that
occurred last month over the original legislation. On 26 JUN, Senate Democrats
fell one vote short of the 60 needed to pass the measure. But on the day
of the veto vote, Sen. Edward M. Kennedy (D-MA) -- recuperating from brain
surgery to remove a cancerous tumor -- left Boston after a morning treatment of
chemotherapy and radiation at Massachusetts General Hospital to return to the
Senate for another Medicare vote. Once his vote assured Democrats of the 60
needed for passage, another nine Republicans switched sides, pushing the margin
to a veto-proof 69 votes. The bill affects the 9.2 million active and retired
military personnel and their family members who use the military's Tricare
system, because it uses payment rates set by Medicare. [Source:
Washington Post Michael Abramowitz & Paul Kane article 16Jul 08 ++]
MEDICARE REIMBURSEMENT RATES 2008 UPDATE 13: Much of the
controversy over the Medicare bill enacted 15 JUL concerned how much to pay the
insurance companies that offer private Medicare Advantage health plans. The
bill made modest adjustments to the formula that determines the subsidies these
companies receive, which will save taxpayers $45 billion over the next 10
years. The insurance lobby tried unsuccessfully to convince Congress that these
subsidy reductions would result in b