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This
page is dedicated to information from 38 USC and 38 CFR, the Laws and Rules of the Department of Veterans Affairs, cases from
the CAVC and other information pertaining to Veterans Claims.
The information noted below is for informational purposes only,
if you believe you are eligible for Veterans Benefits, please contact a Veterans Service officer in the Polk County Veterans
Services office, or a Service Officer in one of the Veterans Organizations, or a Veterans Claims Agent (Independent).
All of these Officers/Agents have undergone rigorous testing to meet the standards set forth by the Department of Veterans
Affairs Office of the General Council as required by 38 USC Chapter 59.
100K eligible troops could miss stop-loss payArmy Times Click here for the full story
By Rick Maze - Staff writer Posted : Thursday Aug 5, 2010 11:19:19 EDT A key lawmaker behind the creation of a monthly $500
stop-loss allowance says the Defense Department may not be doing enough to try to locate separated service members who are
now on the brink of losing the right to apply for the money. Sen. Frank Lautenberg, D-N.J., chief Senate sponsor of
legislation that created retroactive stop-loss allowances, said only about 25,000 of the more than 145,000 eligible service
members and veterans have applied for and received payments. There is an Oct. 21 deadline to apply for payments, and
Lautenberg expects an all-out push from the military using “every available outlet” to warn people they could
be losing the money. With payments set at $500 a month for every month in which a person spent one day under stop-loss
orders since September 2001, and with 6½ months the average time spent beyond their separation date when orders were
given, more than 100,000 people would receive average payments of $3,500 — if they can be found. Army officials
launched a campaign two weeks ago to remind eligible troops and veterans of the looming deadline, but Lautenberg said he wants
the military to do more. In a letter sent Tuesday to Defense Secretary Robert Gates, Lautenberg says there is still
time to try to locate people owed money if the military and Veterans Affairs Department will work together. “I
recognize that the Department of Defense has faced many challenges in reaching the eligible population and educating them
on the application process, but the Department should use every available outlet to locate these service members, veterans,
and beneficiaries and inform them of their eligibility,” Lautenberg said in the letter. Among the ideas he suggested
are efforts to send letters to the last known address of those who were under stop-loss orders, contacting veterans organizations
for their help and advertising in mass media. In June 2009, Congress set aside $534.4 million to cover the cost of the
retroactive allowances. If the money isn’t spent, it could be available to pay for other defense programs unless Congress
rescinds the funding. Lautenberg worked with the late Rep. John Murtha, D-Pa., and Rep. Betty Sutton, D-Ohio, in creating
the stop-loss allowance as part of the 2009 emergency war funding bill.
The VA amends it's Medical Marijuana policy
for the 14 states which have legalized Medical Marijuana. Click here to read PDF Click here to see which states have legalized Medical Marijuana
The VA amends PTSD Rules, Click here to read
the Q & A PDF
Proposed Department of Veterans
Affairs Rule Change - (Request to Employer for Employment Information in Connection With Claim for Disability Benefits) Click here to read PDF Comment Request Deadline - August 23, 2010
Governor Crist Signs Veteran Legislation Into Law (from the FDVA) TALLAHASSEE
-- Gov. Charlie Crist has signed several bills into law following
the 2010 Florida Legislative Session that benefit Florida’s more than 1.6 million veterans and their families.
House Bill 5 – (PDF) Sponsored by Representatives Denise Grimsley and Kurt Kelly, and Senators Carey Baker and Charlie Dean, the bill makes 47
road, bridge and building designations throughout the state, including
the Purple Heart Highway, the Veterans Memorial Highway in Gilchrist
County, and others. House Bill 1145 – (PDF) Sponsored by Rep. Leonard Bembry and Sen. Carey Baker,
the bill creates a veteran discount at state parks. Effective July 1, 2010, honorably discharged veterans, active-duty service and reserve
members will receive a 25 percent discount on the purchase of a
Florida State Park annual pass. The discount provides a savings of $15 on an individual annual pass and $30 on a family annual pass. In addition,
honorably discharged veterans who have service connected disabilities,
and surviving spouses of military veterans who have fallen in combat, will receive a lifetime family annual entrance pass at no charge. For
more information, visit www.FloridaStateParks.org House Bill 1455 – (PDF) Sponsored by Rep. Maria Sachs and Sen. Dan Gelber, the
bill amends existing law relating to solicitation of funds by making it a felony to misrepresent military or veteran status while soliciting funds.
The legislation, which takes effect Oct. 1, 2010, prevents fraudulent
fundraising by those who dishonestly tap into the prestige and credibility
of heroic veterans for personal gain. House Bill 351 – (PDF) Sponsored by Rep. Pat Patterson and Sen. Thad Altman, the bill contains language extending the startup funding for the Florida
Veterans Foundation, a non-profit direct support organization of the Florida Department of Veterans’ Affairs. House Bill 971 – (PDF) Sponsored by Representatives Gary Aubuchon and Dave Murzin,
and Senators Carey Baker and Charlie Dean, the bill provides a voluntary
$1 contribution box on each Florida Driver License application and renewal form payable to the State Homes for Veterans Trust Fund. The
fund helps pay for the operation and maintenance of Florida’s veterans’ nursing homes and assisted living facility. In addition,
the bill authorizes the creation of a Veterans of Foreign Wars specialty license plate. Twenty percent of the annual use fee will be donated to
the Florida Veterans Foundation. House Bill 1003 – (PDF) Sponsored by Representatives Brad Drake and Kevin Ambler, and Senators Dave Aronberg and Charlie Dean, the bill removes the 10 percent
disability threshold for Service Connected Disabled Veteran-Owned
Businesses to become state certified, bringing it more in line with
federal certification requirements. For more information, visit www.osd.dms.state.fl.us and type in veteran” in the search
engine. The bill also clarifies the existing state policy of admitting eligible peacetime veterans as well as eligible wartime veterans into
Florida’s veterans’ nursing homes and assisted living facility. Furthermore, the bill provides an exemption for certain chapters and
posts of congressionally chartered veteran service organizations
from filing an annual solicitation certification form with the
Florida Department of Agriculture and Consumer Services.
Vets' Deaths Are Not Suicides or 'Overdoses' *Postmaster's Note - PFC Ryan Alderman is a fallen Iraq Veteran of Polk County who's father
is also an Air Force Veteran of Polk County* EL CAJON, Calif., May 24, 2010
/PRNewswire via COMTEX/ -- Fred A. Baughman Jr., MD today announced the results of his research into the "series"
of veterans' deaths acknowledged by the Surgeon General of the Army. Upon reading
the May 24, 2008, Charleston (WV) Gazette article "Vets Taking Post Traumatic Stress Disorder Drugs Die in Sleep,"
Baughman began to investigate why these reported deaths were "different." And, why they were likely, the "tip
of an iceberg." Andrew White, Eric Layne, Nicholas Endicott and Derek Johnson were four West Virginia veterans who died
in their sleep in early 2008. Baughman's research suggests that they did not commit suicide and did not "overdose"
leading to coma as suggested by the military. All were diagnosed with PTSD. All seemed "normal" when they went to
bed. And, all were on Seroquel (an antipsychotic) Paxil (an antidepressant) and Klonopin (a benzodiazepine). They
were not comatose and unarousable -- with pulse and respirations or pulse intact, responsive to CPR, surviving transport to
a hospital, frequently surviving. These were sudden cardiac deaths. At the time,
Stan White, father of Andrew White knew of eight such cases in Kentucky, Ohio and West Virginia. In
a February 7, 2008 interview with the Chicago Tribune, Lt. Gen. Eric B. Schoomaker,
the Army's surgeon general, said there has been "a series, a sequence of deaths" in the new "warrior transition
units." In April 2005, the FDA warned that Seroquel put elderly patients with dementia-related psychosis at increased
risk of death. On January 15, 2009, Ray et al, reported that antipsychotics double
the risk of sudden cardiac death. On March 17, 2009, Whang et al reported that antidepressants, as well, increase the rate
of sudden cardiac deaths. And yet, in an August 14, 2008 analysis of two of the four
Charleston-area deaths, the Inspector General for Veterans Affairs concluded (Report No. 08-01377-185):
"Although antipsychotic medications have been identified as possible causes of cardiac rhythm disturbances, a 2001 review...found
no association with olanzapine (Zyprexa), quetiapine (Seroquel), or risperidone (Risperdal) and Torsades de Pointes (a fatal
heart rhythm) or sudden death... we are unaware of any clinical practice guidelines recommending baseline or periodic electrocardiogram
monitoring in young, healthy patients on quetiapine (Seroquel)." However, in a literature review covering the years 2000-2007,
entitled Sudden Cardiac Death Secondary to Antidepressant and Antipsychotic Drugs: [Expert Opinion on Drug Safety; 2008, Number
2, March 2008 , pp. 181-194(14)] Sicouri and Antzelevitch conclude: (1) "A number of antipsychotic and antidepressant
drugs can increase the risk of ventricular arrhythmias and sudden cardiac death..." (2) "Antipsychotics can increase
cardiac risk even at low doses whereas antidepressants do it generally at high doses or in the setting of drug combinations,"
and (3) "These observations call for...an ECG at baseline and after drug administration." This March 2008 article
and the entire 2000-2007 medical literature it reviews was available to the Inspector General had they chosen not to ignore
it. On April 13, 2009, I wrote the Office of the Surgeon General (OTSG) pressing
him about his "sequence of deaths" statement and the existence of a definitive analysis of these sudden deaths.
Four days later the OTSG responded: "The assessment is still pending and has not been released yet." As of today,
May 24, 1010, veteran's wife, Diane VandeBurgt had "Googled" 128 (one hundred twenty eight) such veteran's deaths:
"dead in barracks," "in bed," "at work station." Dead! None in a coma. In
her article Nearly 70 soldiers died in WTUs' first 16 months by Gina Cavallaro, Army Times, February 1, 2009 -- the public
heard a major "slip of the tongue" by Army officialdom: "More than 70 soldiers have died while assigned to
one of the Army's 36 WTUs, but suicide is not the leading cause." Of those, nine (13%) were ruled suicides; six (9%)
were pending investigation; 13 (19%) were killed in accidents; and 35 (50%) were from "natural causes." "Natural
causes" in 20 year olds? "We do have warriors in transition who have died of cancer. There
have also been heart attacks," said WCTO (Warrior Transition Command) spokesman Robert Moore. How
many "heart attacks?" Neither Cavallaro or Moore returned my calls. On
April 22, 2010 I anonymously received "SIRS (Serious Incident Reports) 10/03/09-3/7/10/." In it were listed: Total
ARNG (Army National Guard) "Accident Fatalities--20; Suicide--32 (6 confirmed 12 pending); Combat--8; Illness caused--23;
Other deaths--10; Total--93. Among the listed: 10/19/09-"illness heart attack"; 10/28/09--"illness cardiac
arrest"; 11/10/09--"other found dead"; 11/14/09--"other found dead"; 11/28/09--"illness heart
attack"; 12/26/09--"illness heart attack"; 1/2/10--"illness cardiac arrest"; 2/7/10--"illness
cardiac arrest"; 2/9/10--"illness cardiac arrest"; 2/3/10--"illness cardiac arrest."; 2/10/10--"illness
cardiac arrest"; 2/21/10--"illness heart attack." Here we have 13 of 93 (14%) definite or probable sudden cardiac
deaths. Like the four Charleston-area veterans, Pfc. Ryan Alderman was also on a
never-justifiable cocktail of antipsychotic and antidepressant drugs when he was found dead in his barracks at Ft. Carson,
Colo. Sudden cardiac death was confirmed by EKG by emergency medical technicians at the scene, but reclassified as "suicide."
Why? By whom? The soldiers, veterans, their families and nation await the truth about this epidemic of antipsychotic-antidepressant,
sudden cardiac deaths in the military. Click here for the CNBC story
Department
of Veterans Affairs Proposed rule change: Hospital and Outpatient
Care for Veterans Released From Incarceration to Transitional Housing. The Department of Veterans Affairs (VA) proposes to amend its
regulations to authorize VA to provide hospital and outpatient care to a veteran in a program that provides transitional housing upon release from incarceration in a prison or jail. The
proposed rule would permit VA to work with these veterans while they are in these programs
with the goal of continuing to work with them after their release. This would assist in
preventing homelessness in this population of veterans. DATES: Comments must be received on
or before July 12, 2010. Click here to read more
ATTENTION SERVICE OFFICERS Department of Veterans Affairs Proposed Rule This proposed
rule would establish regulations concerning the Supportive Services for Veteran Families Program (SSVF Program) of the Department
of Veterans Affairs (VA). This
proposed rule is necessary to implement the provisions of section 604 of the Veterans’ Mental Health and Other Care
Improvements Act of 2008. The purpose of the SSVF Program is to provide supportive services grants to private non-profit
organizations and consumer cooperatives who would coordinate or provide supportive services to very low-income veteran families
who are residing in permanent housing, are homeless and scheduled to become residents of permanent housing within a specified
time period, or after exiting permanent housing, are seeking other housing that is responsive to such very low-income veteran
family’s needs and preferences. The new SSVF Program is within the continuum of VA’s homeless services programs. Click here to view PDF
ATTENTION Service Officers - DVA Proposed Rule change DEPARTMENT
OF VETERANS AFFAIRS [OMB
Control No. 2900–New (10–0505)] Proposed Information Collection (Health Resource Center Medical Center Payment Form) Activity: Comment Request Abstract: Data collected
on VA Form 10–0505 will be used to allow
claimants with medical care copayment debts to pay online with a credit card or Automated Clearing House transaction.
New Scholarship for the
Children of Fallen Service Members April 30, 2010
Benefit Honors Gunnery Sergeant John David Fry WASHINGTON – The children of military personnel
who died in the line of duty since Sept. 11, 2001 can apply for an educational scholarship similar to the new Post-9/11 GI
Bill. Benefits are retroactive to Aug. 1, 2009. The scholarship,
which is administered by the Department of Veterans Affairs, are named after Marine Gunnery Sergeant John David Fry, 28, a
Texas native who died in Iraq in 2006 while disarming an explosive. He was survived by three young children. “The Fry scholarship represents this nation’s solemn commitment to care for children whose
mothers and fathers paid the ultimate price for our country,” said Secretary of Veterans Affairs Eric K. Shinseki. VA begins accepting applications for the Fry scholarship on May 1, 2010. For more information
or assistance applying, call toll-free 1-888-GIBILL-1 (1-888-442-4551), or visit the VA GI Bill Website at www.gibill.va.gov. VA estimates nearly 1,500 children will receive
benefits under the Fry scholarship program in 2010. Recipients generally have 15 years to use their benefits, beginning
on their 18th birthdays. Eligible children attending institutions of higher
learning may receive payments to cover their tuition and fees up to the highest amounts charged to public, in-state students
at undergraduate institutions in each state. A monthly housing allowance and stipend for books and supplies are
also paid under this program. VA will begin paying benefits under the
Fry scholarships on Aug. 1, 2010. Eligible participants may receive benefits retroactively to August 1, 2009, the
same day the Post-9/11 GI Bill took effect. Eligible children may be married. Recipients
are entitled to 36 months of benefits at the 100 percent level. When
dependents also serve in the military, the reserves or are Veterans in their own right, eligible for education benefits under
the Montgomery GI Bill for Active Duty, the Montgomery GI Bill for Selected Reserves or the Reserve Educational Assistance
Program (REAP), then they would relinquish their eligibility under those programs to receive benefits under a Fry scholarship.
First USERRA case to go before Supreme Court
By Karen Jowers - Staff writer Posted : Thursday Apr 22, 2010 17:20:02 EDT The Supreme Court has agreed to hear its first-ever case involving an alleged violation of the Uniformed Services Employment
and Reemployment Rights Act. Army Reserve Sgt. Vincent Staub claimed that Proctor Hospital, of Peoria, Ill., violated
his rights under USERRA when it fired him from his job as an angiography technologist in April 2004. He contended that the
reasons given for the firing — insubordination, shirking and attitude problems — were a pretext for discrimination
based on his military duties. Staub won his case in the U.S. District Court for the central District of Illinois, when
the jury found that the firing was motivated at least in part by his military service. But he lost when Proctor Hospital appealed
the decision in the U.S. Court of Appeals for the 7th Circuit. In its ruling, the appeals court stated: “The question
for us is whether a reasonable jury could have concluded that Staub was fired because he was a member of the military. To
that question, the answer is no.” The Reserve Officers Association “is pleased to see this important issue
being taken up by the Supreme Court,” retired Rear Adm. Paul Kayye, ROA’s president, said in an April 22 statement
about the court’s April 19 decision to hear the case. “USERRA is a critical law for service members, their
families, and employers. It ensures America’s citizen warriors are not adversely affected by their service, and employers
have the legal support they need to employ our reservists and Guardsmen.” ROA will file a brief with the Supreme
Court in support of Staub. ROA contends the appeals court’s decision is “contrary to the Supreme Court’s
commandment to construe the reemployment statue liberally for the benefit of those who have laid aside their civilian pursuits
to serve their country,” according to the announcement. “We believe that the panel cherry-picked certain
evidence that seemed to support the employer’s arguments, rather than viewing the evidence as a whole, as the jury did
and the law requires,” said retired Navy Capt. Sam Wright, director of ROA’s Servicemembers’ Law Center,
in the announcement. In passing USERRA in 1994, Congress revamped the Veterans’ Reemployment Rights Act, which
can be traced back to 1940, ROA said. The Supreme Court heard 16 cases under VRRA.
Bill would cut on-the-job training pay for vets
Natalie Bailey - Medill News Service
Posted
: Tuesday Apr 20, 2010 17:52:51 EDT As officials watch cash-strapped employers stop using the Montgomery GI
Bill On-the-Job Training Program for veterans, it makes sense to lift the requirement that veterans in the program receive
several pay increases, said Chad Shatz, vice president of the National Association of State Approving Agencies. “We’re
looking to help people in the private sector who have suffered from the hurting economy” and want to use the program,
Shatz said, describing the proposed change as temporary. “Hopefully the economy will turn around in three to five years.” Shatz’s
organization coordinates the state approving agencies that oversee GI Bill programs. He is also director of the Missouri State
Approving Agency. As the Veterans Affairs Department program works now, employers agree to pay veterans the same as
equally qualified employees while they train in their position. Employers also agree to raise the veteran’s wages every
six months for up to two years. Veterans in the program then also collect a VA stipend, which decreases every six months as
the veteran gets raises from the employer. So as time on the job increases, the employer raises the salary while the VA payments
decrease, leaving the veteran with a stable monthly income. Click here to read more
The VA is inviting public comments on the Gulf
War Veterans’ Illnesses Task Force Draft Written Report Click here to read PDF
Please be Advised Beginning April
1, 2010, the Patient Travel Office will request that you bring in a utility bill with your name asnd current address on the
bill. This will be used to verify your address in the Patient Travel computer system. Thank you, James A Haley VA Hospital.
Department of Veterans AffairsProposed Rule Presumptions of Service Connection for Persian Gulf Service
DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AN24 AGENCY:
Department of Veterans Affairs. ACTION: Proposed rule. SUMMARY:
The Department of Veterans Affairs (VA) is proposing to amend its adjudication regulations concerning presumptive service
connection for certain diseases. This proposed amendment is necessary to implement a decision of the Secretary of Veterans
Affairs that there is a positive association between service in... Deadline for comments = May
17, 2010 Click here to read PDF
Department of Veterans AffairsProposed Rule Diseases Associated With Exposure to Certain Herbicide Agents:(Hairy
Cell Leukemia and other Chronic B Cell Leukemias, Parkinsons Disease and Ischemic Heart Disease),14391-14401 [2010-6549] DEPARTMENT
OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AN54 Diseases Associated With Exposure to Certain Herbicide Agents (Hairy Cell
Leukemia and Other Chronic B Cell Leukemias, Parkinson's Disease and Ischemic Heart Disease) AGENCY: Department of
Veterans Affairs. ACTION: Proposed rule. SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend
its adjudication regulations concerning presumptive service connection for certain diseases based upon the most recent National
Academy of... Deadline for response = April 26, 2010 Click here to read PDF
Department of Veterans AffairsNoticeMeetings:Research Advisory
Committee on Gulf War Veterans' IllnessesDEPARTMENT OF VETERANS AFFAIRS
Research Advisory Committee on Gulf War Veterans' Illnesses; Notice of Meeting The Department of Veterans Affairs (VA) gives
notice under Public Law 92-463 (Federal Advisory Committee Act) that the Research Advisory Committee on Gulf War Veterans'
Illnesses will meet on March 1-2, 2010, in room 230 at the Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington,
DC. The meeting will be open to the public and it will start at 8 a.m. each day and will... To read the PDF click here
Department of Veterans AffairsProposed Rule Payment for Inpatient and Outpatient Health Care Professional Services
at Non-Departmental Facilities, etc.
7218-7227 [2010-3042] DEPARTMENT
OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AN37 Payment for Inpatient and Outpatient Health Care Professional Services at
Non-Departmental Facilities and Other Medical Charges Associated With Non-VA Outpatient Care AGENCY: Department of Veterans
Affairs. ACTION: Proposed rule. SUMMARY: This document proposes to update the Department of Veterans Affairs (VA) medical
regulations concerning the payment methodology used to calculate VA payments for inpatient and outpatient health care... Click here to open PDF
Department of Veterans Affairs Notice Meetings: Health Services Research and
Development Service Merit Review BoardDEPARTMENT OF VETERANS AFFAIRS Health Services Research and Development Service
Merit Review Board; Notice of Meeting The Department of Veterans Affairs (VA) gives notice under Public Law 92-463
(Federal Advisory Committee Act) that a meeting of the Health Services Research and Development Service Merit Review Board
will be held March 2-4, 2010, at the Hilton Tampa Airport Westshore, 2225 North Lois Avenue, Tampa, FL. Various subcommittees
of the Board will meet. Each subcommittee meeting of... Click here to read PDF
Department of Veterans Affairs NoticeFund Availability Under the VA Homeless Providers Grant and Per Diem ProgramAGENCY: Department
of Veterans Affairs.ACTION: Notice. SUMMARY: The Department of Veterans Affairs (VA) is announcing the availability
of funds for applications for assistance under the ``Per Diem-Only'' (PDO) component of VA's Homeless Providers Grant and
Per Diem Program. This Notice contains information concerning the program, funding priorities, application process, and amount
of... Click here to read PDF
2010 VA Copayments Fact Sheet
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Department of Veterans Affairs RuleCopayments for Medications, 69283-69285 [E9-31124]DEPARTMENT OF VETERANS
AFFAIRS 38 CFR Part 17 RIN 2900-AN50 Copayments for Medications AGENCY: Department of Veterans
Affairs. ACTION: Interim final rule. SUMMARY: The Department of Veterans Affairs (VA) is taking action to
amend its medical regulations concerning the copayment required for certain medications. Under current regulations, the copayment
amount must be increased based on the prescription drug component of the Medical Consumer Price Index, and the maximum annual
copayment amount... View PDF
Department of Veterans AffairsProposed RuleState Cemetery Grants,69304-69320 [E9-30873]DEPARTMENT
OF VETERANS AFFAIRS 38 CFR Part 39 RIN 2900-AM96 State Cemetery Grants AGENCY: Department of Veterans Affairs. ACTION:
Proposed rule. SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend its regulations governing grants
to States for the establishment, expansion, and improvement of State veterans cemeteries (Establishment, Expansion, and Improvement
Projects). We propose to implement through regulation new statutory authority to provide grants for the operation and... Download PDF
Department of Veterans AffairsProposed RuleBoard of Veterans' Appeals: Remand or Referral
for Further Action; Notification of Evidence Secured by the Board and Opportunity for Response67149-67154 [E9-30094]
DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 19 and 20 RIN 2900-AN34 Board of Veterans' Appeals: Remand or
Referral for Further Action; Notification of Evidence Secured by the Board and Opportunity for Response AGENCY: Department
of Veterans Affairs. ACTION: Proposed rule. SUMMARY: The Department of Veterans Affairs (VA) proposes
to amend the Appeals Regulations of the Board of Veterans' Appeals (Board or BVA) to articulate the Board's practice of referring
unadjudicated claims to the Agency of...
Department of Veterans AffairsProposed RuleSpecially Adapted Housing and Special Home Adaptation, 67145-67149
[E9-30096] DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AN21
Specially Adapted Housing and Special Home Adaptation AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations
regarding specially adapted housing and special home adaptation grants. The proposed regulations would incorporate certain
provisions from the Veterans Benefits Act of 2003, the Veterans Benefits Improvement Act of 2004, the...
DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 [Claim-Related
Documents or Supporting Evidence Not of Record] AGENCY: Department of Veterans Affairs. ACTION:
Proposed rule. SUMMARY: The Department of
Veterans Affairs (VA) proposes to add a new section to its adjudication regulations to establish temporary VA procedures for
when claimants allege the submission of claim-related documents or evidence in support of a claim during the time period of
April 14, 2007, through October 14,... Read More via PDF Click Here Deadline for comments on this issue due by
January 11, 2010
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1821
Secretary Shinseki Announces Study of Vietnam-Era Women VeteransComprehensive Study Will Help VA Provide High-Quality Care
WASHINGTON -- Secretary of Veterans Affairs Eric K. Shinseki announced the Department of Veterans Affairs (VA) is
launching a comprehensive study of women Veterans who served in the military during the Vietnam War to explore the effects
of their military service upon their mental and physical health. “One of my top priorities is to
meet the needs of women Veterans,” said Secretary Shinseki. “Our Veterans have earned the very
best care. VA realizes that women Veterans require specialized programs, and this study will help VA provide
high-quality care for women Veterans of the Vietnam era.” The study, which begins in November
and lasts more than four years, will contact approximately 10,000 women in a mailed survey, telephone interview and a review
of their medical records. As women Vietnam
Veterans approach their mid-sixties, it is important to understand the impact of wartime deployment on health and mental outcomes
nearly 40 years later. The study will assess
the prevalence of post-traumatic stress disorder (PTSD) and other mental and physical health conditions for women Vietnam
Veterans, and explore the relationship between PTSD and other conditions. VA will study women Vietnam Veterans who may have had direct exposure to traumatic events, and for the first time,
study those who served in facilities near Vietnam. These women may have had similar, but less direct exposures.
Both women Veterans who receive their health care from VA and those who receive health
care from other providers will be contacted to determine the prevalence of a variety of health conditions. About
250,000 women Veterans served in the military during the Vietnam War and about 7,000 were in or near Vietnam. Those
who were in Vietnam, those who served elsewhere in Southeast Asia and those who served in the United States are potential
study participants.
Women Veterans Study 2/2/2/2 The study represents to date the most comprehensive examination of a group of women Vietnam Veterans, and will
be used to shape future research on women Veterans in future wars. Such an understanding will lay the groundwork
for planning and providing appropriate services for women Veterans, as well as for the aging Veteran population today. Women Veterans are one of the fastest growing segments of the Veteran population. There
are approximately 1.8 million women Veterans among the nation’s total of 23 million living Veterans. Women
comprise 7.8 percent of the total Veteran population and nearly 5.5 percent of all Veterans who use VA health care services.
VA estimates women Veterans will constitute 10.5 percent of the Veteran population by 2020 and 9.5 percent
of all VA patients. In recent years, VA has undertaken a number of initiatives to create or enhance services for
women Veterans, including the implementation of comprehensive primary care throughout the nation, staffing every VA medical
center with a women Veterans program manager, supporting a multifaceted research program on women's health, improving communication
and outreach to women Veterans, and continuing the operation of organizations like the Center for Women Veterans and the Women
Veterans Health Strategic Healthcare Group. The study, to be managed by VA’s Cooperative Studies
Program, is projected to cost $5.6 million.
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Please join the Social Security Administration on November 4 for a national webinar – “Social Security
for Wounded Warriors.” During the webinar, you can learn more about Social Security benefit programs and
the expedited processing of disability claims available to our nation’s Wounded Warriors. The expedited process
is used for military service members who become disabled while on active military service on or after October 1, 2001, regardless
of where the disability occurs. Service members,
their families and friends, and those that advocate on their behalf are all welcome to participate in this seminar for the
web to learn about: Who is eligible? When to apply? How to apply? The webinar will be hosted via
www.socialsecurity.gov on November 4, 2009, at 2:00 p.m. EST. To RSVP for the webinar, please visit: http://www.socialsecurity.gov/survey/woundedwarriorsrsvp.htm. You will have the option of submitting questions in advance of the webinar with your RSVP.
Is the VA at it again? Are they shredding
documents and losing your claims? The Office of Inspector General (OIG) conducted this audit to evaluate whether VA regional offices (VAROs) effectively
managed mailroom operations and controlled the timely and accurate processing of claim-related mail. In fiscal year (FY) 2008,
VBA processed about 20 million pieces of incoming mail and 13 million pieces of outgoing mail. Both the significant number
of claim-related documents handled by VARO mailrooms and the potential effect on the processing of veterans claims that can
occur if documents are inappropriately handled or destroyed make this a high-risk area for VBA. \n\rVARO mailrooms needed
improvements in the handling, processing, and protection of claims-related documents, as well as in meeting mailroom security
and other operational requirements. The use of amnesty periods and the extensive volume of mail recovered while taking these
proactive initiatives are strong indicators that controls over mail management in VAROs were ineffective. The audit found some claim-related documents at the four VAROs visited were inappropriately placed in shred
bins, a problem that appeared to be systemic. We also noted that VBA mail processing practices led to unnecessary
delays in establishing control of claims in VBA’s “SHARE” system after receipt, and some claim dates were
incorrectly entered into the system. In addition, VAROs do not effectively use X-ray machines to scan mail for threat objects
and improvements are needed to strengthen mailroom security plans and practices.\n\rThe Under Secretary for Benefits agreed
with our findings and recommendations and made acceptable plans to implement appropriate actions. \n\r |
View article...
Click here to View VA Directive 2009-029
Click here to view VA Directive 2008-083 (Means Test info)
Priority Group 8 Enrollment Relaxation Changes
VA eligibility rules changed on June 15, 2009, making
it easier for more Veterans to enroll in VA’s health care system. Under this new regulation, VA relaxed income restrictions
on enrollment for health benefits. While this new provision does not remove consideration of income, it does increase income
thresholds. A web–based calculator is available for Veterans to enter their income information, dependents, and zip code to assess if their income would fall
within the proposed income threshold adjustments. Veterans are encouraged to contact VA’s Health Resource Center at
1–877–222 VETS (8387) or visit the VA health eligibility website for more information.
Gulf War Veterans Display Abnormal Brain Response To Specific ChemicalsScienceDaily (Mar. 24, 2009) — A new study by UT Southwestern Medical Center researchers is the
first to pinpoint damage inside the brains of veterans suffering from Gulf War syndrome – a finding that links the illness
to chemical exposures and may lead to diagnostic tests and treatments. To read more click here
Yes You Can, A Guide to Self Care for Persons with Spinal Cord Injury created by Paralyzed Veterans expressly to help the newly injured is now available online — FREE! The newly expanded
and updated fourth edition is interactive, too.
The first few months after a spinal cord injury (SCI) are a stressful
and uncertain time. “Making vital self-help information available to millions of people with disabilities, their families
and their caregivers is a core part of our mission,” explained Randy L. Pleva, Sr., National President. “Information
is power.” Yes You Can! helps people with disabilities help themselves.
VA Open to Category 8 Veterans For the first time in six years, veterans in VA's Priority Group 8 will be allowed to access VA's health care system.
VA estimates that some 266,000 vets will be eligible. Group 8 vets include those who have no service-connected
wounds, are rated as 0% disabled or have incomes higher than VA's lowest accepted threshold. That threshold also was
raised this year to $32,342 for an unmarried veteran and increases by $2,222 for each dependent. Vets who applied
this year after Jan. 1 but were rejected because of high incomes will not have to reapply. Those who applied before then must
reapply. It is the first time Category 8 vets have been eligible since former VA Secretary Anthony Principi suspended
enrollment in 2003, VA officials said in April that regulations should be published by late June to begin the screening
and enrollment process.
Conferences and Events References for Veterans Courtesy of the Governor’s
Press Office TALLAHASSEE -- Gov.
Charlie Crist joined together in partnership May 12 with the Florida Board of Governors, Florida Department of Veterans’
Affairs, and Florida community colleges and private universities at the Capitol to launch a new statewide campaign, Boots
to Books. With the passing of the New GI Bill, or Post 9/11 GI Bill, federal resources are now available to help veterans
meet their educational and career goals. Information on the new benefits is available to veterans at http://www.flbootstobooks.org/. To read more about this story click here
Chairman of the House Committee on Veterans' Affairs Bob Filner reintroduced a bill
that would grant service connection for Parkinson's disease for Vietnam veterans. H.R. 1428 would establish a presumption of service-connection for Parkinson's disease due to exposure to Agent Orange for Vietnam
veterans afflicted with this degenerative and incurable condition. Shortly following their military service in Vietnam, some
veterans reported a variety of health problems and concerns due to exposure to Agent Orange or other herbicides and pesticides. The
bill has been referred to the House Committee on Veterans' Affairs.
Click here to view a guide from the National PTSD Center
VA Travel Pay: What is VA Travel Pay? Recently, I have
been asked by many of my clients about issues pertaining to VA Travel Pay a.k.a VHA Beneficiary Travel under 38 USC 111.
While I do not claim to know everything about the VA system, as a Veterans Claims Agent, I do find it interesting to research
issues that affect veterans and their ability to maintain a normal household just like their civilian counterparts who never
served. This article will mention specifically areas from Polk County but it applies to veterans all over. The VA is authorized to provide a benefit to
veterans while they travel to and from their home and the closest medical facility which can provide the required medical
services. Even if the veteran chooses to go to a different facility, the travel pay will not reflect the travel.
The VA will only provide travel pay to the closest VA facility which can provide the service required. Travel pay benefits
are authorized by 38 USC 111 and 38 CFR 70 along with VA Manual M-1 Part I Chapter 25. While it is true certain veterans are eligible for VA travel pay to
and from the VA hospital, I would like to go over the criteria for travel pay first. To be eligible for travel pay (to and from) the Veteran must: 1: Have a Service Connected (SC) disability rating of 30% or more, or
2: Be traveling for
treatment of a Service Connected (SC) disability, or 3: Be receiving a VA Pension (VA NSCP), or 4: Have an income which does not
exceed the Maximum Annual Pension Rate (MAPR), or 5: Be traveling for a Schedule Compensation or Pension (C&P) exam. Here are some examples of what is meant by the five noted eligibility criteria above. (1): A veteran who is 30% disabled has a VA appointment
in Tampa, and travels from Lakeland, that Veteran is eligible for travel pay even if the appointment is for something different
than the veterans SC disability. (2):
A veteran who is 10% disabled has a VA Appointment in Tampa, and travels from Lakeland, that veteran is only eligible for
travel pay if the veteran’s appointment is for his/her SC disability. (3): A veteran who is receiving a VA Non-Service Connected Pension (VA NSCP) has an appointment
in Tampa, and travels from Lakeland, for any type of medical appointment, is eligible for Travel Pay. Some people have
asked me why, because the veteran receiving a Non-Service Connected Pension is financially destitute and lives below the poverty
level established by the Geographical Means Test (GMT). (4): A veteran, who is neither receiving a VA Non-Service Connected Pension nor a SC Disability
but has an income below the MAPR, has an appointment in Tampa and travels from Lakeland, for any type of medical appointment,
are eligible for Travel pay. Some people have asked me why, this veteran is not eligible to receive a Non-Service Connected
Pension nor does the veteran have a SC Disability however, the veteran is financially destitute and lives below the poverty
level established by the GMT. (5):
A veteran has applied for a SC disability and the veteran has a schedule C&P exam in Tampa, the veteran is eligible for
travel pay only for the day the veteran is scheduled for such C&P exam. Travel Pay: Mileage Rates and Deductibles General Travel = $0.415 (41.5 cents) per
mile. Deductible =
$3.00 one way or $6.00 round trip. (38 CFR 70.31) The deductible is a certain amount of money withheld from your travel pay by the VA until you meet the maximum amount
of the deductible established by the VA’s rules, the deductible is subject to a monthly cap of $18.00. This is
equivalent to 6 one way trips or 3 round trips from Lakeland to Tampa. Some places may reach the $18.00 deductible max
faster due to the distance a veteran must travel. The deductible will also be met after 6 one way trips or 3 round trips
to the VA hospital. The deductible can be met by either a dollar amount or trip amount, it just so happens that from
the Lakeland area both are equal for the most part. Travel payments after the deductible or number of trips will be
free of the deductible; therefore the veteran will receive the full travel pay of 41.5 cents per mile. There is however a waiver of the deductible,
this can be applied for at the travel pay cashier’s office, however, the waiver of travel pay deductible should not
be used by all. This waiver is reserved for those who are having a severe financial hardship, and I don’t mean
that you over extended yourself and now you can’t pay your bills. When payment of the deductible would cause a
severe financial hardship to the veteran the deductible can be waived. The VA defines severe financial hardship as a
veteran who receives a VA NSCP or has had income for the prior year to application that does not exceed the attributed income
limit threshold or has had circumstances which the veterans present income in the year of application does not exceed the
attributed income limit. If the veteran’s 2009 annual household income has been cut by the loss of employment
or reduction of hours, re-evaluate your income, you may meet the criteria noted below. The Attributed Income Limit (AIL) for 2008 is $28,429 for single veterans with no dependants, or $34,117 for veterans with one dependant, $1,909 can be added to the $34,117 for each additional
dependant of the veteran. For example,
a veteran with 3 dependants (a family of 4) can have a AIL for 2008 of $37,935. If a veteran is below that amount of
just meets that amount the veteran may want to consider filing for a travel pay deductible waiver. If a veteran meets the AIL, the veteran may want to apply for
the Travel pay deductible waiver, however, if a veteran knowingly does not meet the criteria, the veteran should not request
the deductible, for one reason, it’s dishonest, in other words it would be a lie, and for a second
reason, the VA can recover the over payments by garnishing the veterans disability compensation. The VA also has placed
in 38 CFR 70.42 legal prosecutions for knowingly making false statements for the purpose of obtaining payments for beneficiary
travel pay. There are also other
special travel pay specialties, but for the most part most veterans do not meet the requirements, but just as an example,
Food, Lodging and Special Transportation are just some of the special travel pay reimbursements that are out there, however
most of the special pays require prior approval. It was my hope that this article clears up some of the questions pertaining to VA travel pay. Gus Garcia Veterans Claims Agent 38 USC 5904 www.PolkVeteransCouncil.org Postmaster@PolkVeteransCouncil.org
Legion to White House: Don't Bill Our Heroes WASHINGTON, DC (March 16, 2009) – The leader of the nation’s largest veterans organization says he
is “deeply disappointed and concerned” after a meeting with President Obama today to discuss a proposal to force
private insurance companies to pay for the treatment of military veterans who have suffered service-connected disabilities
and injuries. The Obama administration recently revealed a plan to require private insurance carriers to reimburse the Department
of Veterans Affairs (VA) in such cases.
“It became apparent
during our discussion today that the President intends to move forward with this unreasonable plan,” said Commander
David K. Rehbein of The American Legion. “He says he is looking to generate $540-million by this method, but refused
to hear arguments about the moral and government-avowed obligations that would be compromised by it.”
The Commander, clearly angered as he emerged from the session said, “This reimbursement plan would be inconsistent with
the mandate ‘… to care for him who shall have borne the battle…’ given that the United States government
sent members of the armed forces into harm’s way, and not private insurance companies. I say again that The American
Legion does not and will not support any plan that seeks to bill a veteran for treatment of a service connected disability
at the very agency that was created to treat the unique need of America’s veterans!”
Commander Rehbein was among a group of senior officials from veterans service organizations joining the President, White House
Chief of Staff Rahm Emmanuel, Secretary of Veterans Affairs Eric Shinseki and Steven Kosiak, the overseer of defense spending
at the Office of Management and Budget (OMB). The group’s early afternoon conversation at The White House was precipitated
by a letter of protest presented to the President earlier this month. The letter, co-signed by Commander Rehbein and the heads
of ten colleague organizations, read, in part, “ There is simply no logical explanation for billing a veteran’s
personal insurance for care that the VA has a responsibility to provide. While we understand the fiscal difficulties
this country faces right now, placing the burden of those fiscal problems on the men and women who have already sacrificed
a great deal for this country is unconscionable.”
Commander Rehbein reiterated points made last week
in testimony to both House and Senate Veterans’ Affairs Committees. It was stated then that The American Legion
believes that the reimbursement plan would be inconsistent with the mandate that VA treat service-connected injuries and disabilities
given that the United States government sends members of the armed forces into harm’s way, and not private insurance
companies. The proposed requirement for these companies to reimburse the VA would not only be unfair, says the Legion, but
would have an adverse impact on service-connected disabled veterans and their families. The Legion argues that, depending
on the severity of the medical conditions involved, maximum insurance coverage limits could be reached through treatment of
the veteran’s condition alone. That would leave the rest of the family without health care benefits. The Legion
also points out that many health insurance companies require deductibles to be paid before any benefits are covered.
Additionally, the Legion is concerned that private insurance premiums would be elevated to cover service-connected disabled
veterans and their families, especially if the veterans are self-employed or employed in small businesses unable to negotiate
more favorable across-the-board insurance policy pricing. The American Legion also believes that some employers, especially
small businesses, would be reluctant to hire veterans with service-connected disabilities due to the negative impact their
employment might have on obtaining and financing company health care benefits.
“I got the distinct impression that the only hope of this plan not being enacted,” said Commander Rehbein, “is
for an alternative plan to be developed that would generate the desired $540-million in revenue. The American Legion has long
advocated for Medicare reimbursement to VA for the treatment of veterans. This, we believe, would more easily meet the President’s
financial goal. We will present that idea in an anticipated conference call with White House Chief of Staff Rahm Emmanuel
in the near future.
“I only hope the administration will really
listen to us then. This matter has far more serious ramifications than the President is imagining,” concluded
the Commander.
| Filipino Veterans | | | | | VA
Department of Veterans Affairs
Office of
Public Affairs
Media Relations
Washington, DC 20420
(202)
461-7600
www.va.gov
News Release FOR IMMEDIATE RELEASE
February 20, 2009 Stimulus Bill Provides $198 Million for Filipino Veterans Congress Recognizes World War II Service WASHINGTON - Secretary of Veterans
Affairs Eric K. Shinseki announced a
new benefit for Filipino Veterans who aided American troops in World War II --
a cash payment authorized through the newly enacted American Recovery and Reinvestment Act.
Claims are now being accepted from Filipino
Veterans eligible for one-time payments of $9,000 for non-U.S. citizens and $15,000 for Filipino Veterans with U.S. citizenship.
The Department of Veterans Affairs (VA) is working to begin
making payments as soon as possible.
VA and the Embassy of the United States in Manila have
announced locations in the Philippines where Veterans can apply immediately. The list has been posted at http://manila.usembassy.gov.
To receive information
by mail, United States residents may call 1-800-827-1000.
Philippine residents may call 632-528-2500 (within Metro Manila) or from outside Manila at
1-800-888-5252. In addition, Filipino Veterans may
request information via email at https://iris.va.gov.
The VA Regional Office
in Manila will process all claims for this benefit. Therefore, U.S. residents should mail the application to the Department
of Veterans Affairs, Regional Office, PSC 501, FPO AP 96515-100.
Extensive outreach is planned to alert World War II Veterans throughout the Philippines. Claims must be submitted by
Feb. 16, 2010, a year after the bill's signing. The payments do not affect other benefits Veterans may be receiving. The VA regional
office in Manila currently provides approximately $15 million monthly in monetary benefits to Veterans residing in the Philippines.
About $8 million of this goes to Filipino World War II Veterans or their survivors each month. |
In 2003, VA made the difficult decision to stop enrolling new Priority Group 8 (high income) Veterans in order to
assure all Veterans are provided timely and quality medical care. New regulations have been proposed that would allow certain
Priority Group 8 Veterans to be enrolled in the VA health care system if their household income does not exceed the current
VA income thresholds (means test threshold and/or geographical means test threshold) by more than 10%. We anticipate the new regulations to take
effect in June 2009. If you have applied
for enrollment on or after January 1, 2009 and you were denied enrollment because your income exceeded the VA income threshold,
VA will determine if you are eligible under this new rule, once the new regulations take effect. You will not need to submit
another application for enrollment. If you are eligible under this new rule, we will notify you by mail. You will receive
a letter from the VA Health Eligibility Center notifying you of your eligibility for enrollment and welcoming you to the VA
health care system. Included with the letter will be instructions for getting care and how to obtain a Veterans Identification Card. If you applied for enrollment before January
1, 2009, and were denied enrollment because your income was too high, VA encourages you to take advantage of this enrollment calculator to assist you in determining if you are now eligible for enrollment under this new regulation. Whatever your enrollment determination,
VA encourages all Veterans to apply for enrollment as this will help us in our future planning and budget efforts as well
as allow us to be in a better position to identify necessary funding levels to Congress. To determine if you may be eligible under this new regulation, we have developed this enrollment calculator which will help you in determining if your income falls within the new 10% income threshold guidelines. Once you have entered
all required information below, this calculator will determine if you may be eligible for enrollment under the new rule. The
proposed changes (defined in Public Law 110-329) provide VA additional funding to allow expanded enrollment opportunity for
certain Priority 8 veterans who may have been previously denied enrollment in VA’s health care system because their
income exceeded VA’s means tests thresholds. On the effective date of the regulation, a veteran who applies for
enrollment, who does not qualify for a higher priority group and whose income exceeds VA’s means test thresholds by
10% or less will be placed in a priority group that allows the veteran to be enrolled in VA’s health care system.
Welcome Home OIF/OEF Veterans VA OIF/OEF website is now on line Welcome home and thank you for your service to our country!
VA is ready to provide health care and more to our newest veterans returning from the armed services. Here are some of the
benefits VA provides that you need to know about: http://www.oefoif.va.gov/
Click here to view 2009 VA Copay Rates in PDF
| Click to view in actual size |
|
| Click to view in actual size |
http://www.cbo.gov/ftpdocs/99xx/doc9925/12-18-HealthOptions.pdf The link above is to the Congressional Budget Office and
lists the various options for changes to the health care system. If you go to the PDF and page well down into the document
(Page 173 of their numbering)(Page 187 on the PDF),you find options 95 through
98 which if adopted would cause a considerable out of pocket cost for retirees. I am still a ways from TFL but many
are one it. It might do well to get the word out however you see best. If a lot of people notify their Senators
and Congressman up front, maybe we can prevent these options from making into the budget. Sincerely, Steve Jones Commander, CWV
Add Your Name to the Open Letter.
In the coming months, President Obama has a unique opportunity to make a series of critical decisions impacting Iraq
and Afghanistan veterans. Sign the open letter urging him to enact these four critical policies in his first 100 days: · Ensure that veterans don't have
to fight for funding for hospitals and clinics. ·
Prioritize veterans in the economic stimulus package. ·
Implement GI Bill transferability. · Aggressively
address troops’ mental health injuries.
VA to offer Health Care to previously ineligible Veterans January 8, 2009 WASHINGTON – The Department
of Veterans Affairs (VA) announced today plans to re-open enrollment in its health care system by July 2009 to about 265,000
veterans whose incomes exceed current limits. “We’re pleased
to be able to offer what has been called ‘the best care anywhere’ to many more new veterans,” said Dr. James
B. Peake, Secretary of Veterans Affairs. “We’ll be able to provide these newly enrolled veterans with
the kind of timely, high quality health care veterans who already use our system are accustomed to.” The change affects veterans whose incomes exceed the current VA means test and geographic means test
income thresholds by 10 percent or less. Congress provided funds in VA’s fiscal year 2009 budget to support
the new enrollment. In 1996, Congress established a priority-based enrollment
system for VA and a uniform package of medical benefits for all enrollees. The legislation opened enrollment in
VA’s health care system to all eligible veterans and required that each year the Secretary of Veterans Affairs assess
veterans’ demand for services and determine if the necessary resources are available to provide timely, quality care
to all enrollees. Enrollment for the lowest priority of the eight groups—veterans
who are not being compensated for a military-related disability and who have incomes above a set threshold—was suspended
on January 18, 2003, although veterans in that priority group who were already enrolled for care were permitted to remain
enrolled. VA originally suspended enrollment for Priority 8 veterans because it was
unable to provide all enrolled veterans with timely access to its health care due to a tremendous growth in the number of
veterans then seeking enrollment. VA is now plans to reopen enrollment for a portion of these veterans without
compromising the Department’s ability to provide high quality health care services to all enrolled veterans who are
eligible for care. VA’s computer systems are being modified to
accommodate the changes, and the Department is preparing communication and education materials to ensure that Congress, veterans
service organizations, and the public are aware of the coming changes. “The
rule will take effect by June 30, 2009, if the regulatory process proceeds smoothly,” Peake said. “We look forward
to welcoming these newly eligible veterans into the VA system. VA will continue to monitor wait times to ensure
the quality of care is not adversely affected.”
The U.S. Department of Veterans Affairs (VA) is announcing that it hopes to re-open enrollment to its medical benefits
package to veterans whose incomes exceed the current VA means test and geographic means test income thresholds by 10 percent
or less. If the regulatory process proceeds smoothly, the change will be implemented by June 30, 2009. These changes do not
open enrollment to all Priority 8 veterans. The proposed changes (defined in Public Law 110-329) provide VA additional
funding to allow expanded enrollment opportunity for certain Priority 8 veterans who may have been previously denied enrollment
in VA’s health care system because their income exceeded VA’s means tests thresholds. On the effective date
of the regulation, a veteran who applies for enrollment, who does not qualify for a higher priority group and whose income
exceeds VA’s means test thresholds by 10% or less will be placed in a priority group that allows the veteran to be enrolled
in VA’s health care system. Click here to go to the VA's Health Eligibility web page
Tom Philpott | December 31, 2008 CBO Eyes Military Retirees, Vets for Health Cost Cuts A new
report from the Congressional Budget Office shows why some military retirees and veterans could face higher out-of-pocket
costs if the Obama administration and Congress take bold moves to reform the U.S. health system and to make federal health programs more
efficient. Among 115 "options" presented, though not endorsed, in the CBO report, several focus on raising
TRICARE out-of-pocket costs for retirees and one for families. Others would tighten access to VA hospitals and clinics, or
raise VA health fees, for veterans with no service-connected conditions. Working-age military retirees will find here
some of those familiar cost-saving ideas endorsed by the Bush administration to raise TRICARE fees, co-payments and deductibles
for retirees under age 62 and their spouses. But other options are new and, if enacted into law, would raise health
costs for Medicare-eligible military retirees and for active duty families. One option suggests having the VA health system
disenroll millions of current users who have no service-related injuries or ailments. Every two years CBO presents daring
options for Congress and the executive branch to weigh in trying to control federal spending. The new report, "Budget
Options, Volume 1: Health Care," is unusual in that it focuses entirely health care, an Obama policy
priority, and its arrival is unscheduled. It's also significant that the CBO director who led this work was Peter
R. Orszag, President-elect Obama's nominee to be his director of the Office of Management and Budget. OMB is responsible
for assembling the president's annual budget request to Congress. How bold will his economic team be? "We are
going to go through our federal budget, as I promised during the campaign, page by page, line by line, eliminating those programs
we don't need and insisting that those that we do need operate in a sensible, cost-effective way," Obama said in
November as he announced Orszag's nomination to join his cabinet . "We're also going to focus on one of
the biggest, long-run challenges that our budget faces, namely the rising cost of health care in both the public and private
sectors," Obama continued. "This is not just a challenge but also an opportunity to improve the health care that
Americans rely on, and to bring down the costs that taxpayers, businesses and families have to pay. That is what [OMB] will
do in my administration." Obama added, "Peter doesn't need a map to tell him where the bodies are buried
in the federal budget. He knows what works and what doesn't, what's worth our precious tax dollars and what is not." Indeed,
in the CBO report's preface, Orszag gets "special thanks" for having "conceived" the report and being
"instrumental in its development." Many of its options deal with adjustments to Medicare, Medicaid, private
health insurance rules and the Federal Employees Health Benefit Plan for federal civilians. Most ideas are aimed at cutting
costs but some would enhance benefits. The 226-page report can be read online. Here are some options that would touch military people and veterans: TRICARE for Working-Age Retirees
– Fees, co-payments and deductibles would be raised for retirees under 62 to restore the relative costs paid when TRICARE
began in 1995. TRICARE Prime enrollment would be raised to $550 a year for individuals from $230. Retiree families would pay
$1100 versus $460 today. Co-pays for doctor visits would climb to $28 from $12 and users of TRICARE Standard and TRICARE Extra
would pay an annual deductible of $350 for an individual and $700 for families. Congress has declined to support such increases
for the past three years. Fees for Active Duty Families – Dependents of active duty members enrolled
in TRICARE Prime, the managed care network, would pay new fees equal to 10 percent of the cost of health services obtained
either in military treatment facilities or through civilian network providers. Total out of pocket costs would be capped,
however. To help offset these costs, dependents would receive a $500 non-taxable allowance annually. Those who elect
to use alternative health insurance, rather than TRICARE, could apply the $500 toward their health insurance premiums, co-payments
or deductibles. CBO estimates these fees would save $7 billion over 10 years and encourage Prime enrollees to "use
medical services prudently." It also would entice more spouses to enroll in employer-provided health plans instead of
TRICARE. The downside, CBO said, would be financial difficulties for some Prime enrollees despite the cap on out-of-pocket
costs. Also, CBO said, spouses induced to rely on employer health plans could see health coverage interrupted during military
assignment relocations. TRICARE-For-Life Fees – The military's health insurance supplement
to Medicare could see higher user costs. Under this option, beneficiaries would pay the first $525 of yearly medical costs
plus one half of the next $4725 of costs charged to Medicare. So the extra out-of-pocket cost for TFL users would be up to
$2887.50 a year. This amount would be indexed to rise with Medicare costs. The change would save $40 billion over 10 years.
But CBO said it also could discourage some patients from seeking preventive care or proper management of chronic conditions.
So it could negatively affect some patients' health. Tighten VA Enrollment – The VA healthcare
system would be directed to disenroll 2.3 million Priority Groups 7 and 8 -- individuals who are not poor and have no service-related
medical needs. Estimated savings would be $53 billion over 10 years but Medicare spending would rise by $26 billion in the
same period as elderly among these vets shifted to Medicare. CBO said 90 percent of these vets have other health care
coverage. But this change could leave up to 10 percent unable to find affordable care. To comment, e-mail milupdate@aol.com,
write to Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit: militaryupdate.com.
VA Providing Florida Veterans with Disability Verification
Letters for First Time December 31, 2008 For State and Local Tax
Exemptions WASHINGTON – The Department of Veterans Affairs
(VA) announced today it has sent out disability verification letters for the first time to more than 265,000 Florida veterans
and surviving spouses who may be eligible for state or local tax exemptions. “We
are working with the state of Florida to ensure veterans get the information they need to take advantage of the state’s
annual tax relief,” said St. Petersburg VA Regional Office Director Barry Barker. Some
state tax laws provide veterans and their surviving spouses with state, county or local tax relief. VA assists
veterans to receive these benefits by providing letters verifying their military service and disability evaluations. Although people can obtain these verification letters at any time by contacting their nearest VA regional
office, VA performed a special computer run to automatically generate these letters for veterans. Florida veterans do not have to make a special request to obtain
this verification. Any veteran who receives VA disability compensation, but does
not receive a letter or has any questions about the information contained in the letter should contact their local VA Regional
Office by calling VA’s toll-free number, 1-800-827-1000. VA encourages veterans and their families to check
the letters carefully and contact VA if they have any concerns. Florida veterans
and survivors are advised to contact their county property tax appraiser’s office on the Internet at http://dor.myflorida.com/dor/property/appraisers.html or tax collectors office at http://dor.myflorida.com/dor/property/taxcollectors.html with any questions about Florida state tax abatement programs. (Note: By clicking on either of these links, you
will leave the VA Web site.) Last year, VA paid nearly $2.9 billion
in compensation and pensions to eligible veterans and surviving spouses in the state. In addition to the VA regional
office in St. Petersburg, the Department operates seven major medical centers, 43 outpatient clinics, five benefits offices,
and 12 Vet Centers on behalf of Florida’s 1.8 million veterans. For more information
on VA benefit programs, go to http://www.va.gov/ or call 1-800-827-1000.
Healthcare Inspection Abdominal Aortic Aneurysm Management in VA Medical Facilities http://www.va.gov/oig/54/reports/VAOIG-07-00348-49.pdf The VA Office of Inspector General completed an evaluation to determine whether Veterans Health Administration (VHA)
medical facilities had implemented abdominal aortic aneurysm (AAA) screening policies and protocols and whether clinicians
were managing diagnosed AAAs in accordance with the United States Preventative Service Task Force (USPSTF) recommended guidelines.
VHA currently has no policy requiring AAA screening. \n\rWe found that despite the lack of VHA guidance, some of the 33 facilities
we reviewed had implemented protocols and initiated actions to screen patients for AAAs. In two facilities, radiologists were
conducting a retrospective review of abdominal ultrasound studies; in those cases where studies included the aorta, radiologists
could comment on the presence or absence of an aneurysm. This finding suggests that if providers consider the need for AAA
screening when ordering abdominal imaging studies for other reasons, and expand the scope of those studies to ensure inclusion
of the aorta, the need for additional imaging resources could be mitigated.\n\rWe recommended that VHA advise clinicians to
consider patients’ risk factors for AAA when ordering abdominal imaging studies, and when appropriate expand the scope
of studies to include the aorta; also they should develop a plan, within the context of available resources, to implement
AAA screening for male smokers 65–75 years old.\n\r
VA Urges Vets to Sign-up for Direct
Deposits WASHINGTON (December 15, 2008) -- Every month, 730,000 veterans
or survivors look for their compensation,
pension checks or educational assistance
payments in their mailboxes. Nearly all receive them, but theft and mail delays cause problems for some veterans, which can be prevented by direct deposits. The Department of Veterans Affairs (VA) is urging those veterans and family members now receiving paper checks to join nearly
3.1 million others whose VA payments
are safely deposited electronically. "VA is teaming up with the Treasury Department
in a new campaign to protect
government beneficiaries against the theft of funds and of their identities," said Secretary of Veterans Affairs Dr. James B. Peake. "Veterans earned -- and rely on -- the financial support
we send them every month.
I urge them to help VA ensure they get those funds reliably and safely by signing up for direct deposit." Peake cited several easy ways to sign up for direct deposit -- calling VA toll-free at (800) 333-1795 or enrolling online at www.GoDirect.org. Veterans,
and family members who receive VA payments, also can sign up by contacting a VA regional benefits office or their financial institution. Information about direct deposits
will be included in VA's monthly
compensation and pension envelopes throughout 2009. The VA Secretary urged
veterans to remember that direct deposits relieve worry about mail delivery being delayed by severe weather or natural disasters. The deposits also eliminate trips to banks or credit unions to deposit checks, while providing immediate
access to money at the same time
each month.
VA Comp and Pen rate page
VA Disability Compensation RatesThe following tables show the 2009 VA compensation rates for veterans
with a disability rating 10 percent or higher. These rates are effective as of 1 December, 2008. Dependents Allowance:In
addition veterans entitled to compensation whose disability is rated as 30 percent or more, shall be entitled to additional
compensation for dependents as follows (monthly amounts): Without Children:Disability Rating: 30% - 60%
Disability Rating: 70% - 100% With Children:Disability Rating: 30% - 60%
Disability Rating: 70% - 100%
10% - 20% (With or Without Dependents)
| Percentage | Rate | | 10% | $123 | | 20% | $243 |
30% - 60% Without Children
| Dependent
Status | 30 | 40 | 50 | 60 | | Veteran Alone | $376 | $541 | $770 | $974 | | Veteran with Spouse Only | $421 | $601 | $845 | $1064 | | Veteran with
Spouse & One Parent | $457 | $649 | $905 | $1136 | | Veteran with Spouse and Two Parents | $493 | $697 | $965 | $1208 | | Veteran with One Parent | $412 | $589 | $830 | $1046 | | Veteran with
Two Parents | $448 | $637 | $890 | $1118 | | Additional for A/A spouse (see footnote
b) | $40 | $54 | $68 | $81 |
70% - 100% Without Children
| Dependent Status | 70 | 80 | 90 | 100 | | Veteran
Alone | $1,228 | $1,427 | $1,604 | $2,673 | | Veteran with Spouse Only | $1,333 | $1,547 | $1,739 | $2,823 | | Veteran with Spouse & One Parent | $1,417 | $1,643 | $1,847 | $2,943 | | Veteran
with Spouse and Two Parents | $1,501 | $1,739 | $1,955 | $3,063 | | Veteran
with One Parent | $1,312 | $1,523 | $1,712 | $2,793 | | Veteran with Two Parents | $1,396 | $1,619 | $1,820 | $2,913 | | Additional for A/A spouse (see footnote b) | $95 | $108 | $122 | $136 |
30% - 60% With Children
| Dependent
Status | 30% | 40% | 50% | 60% |
|---|
| Veteran with Spouse & Child | $453 | $644 | $899 | $1129 | | Veteran with
Child Only | $406 | $581 | $820 | $1034 | | Veteran with Spouse, One Parent and Child | $489 | $692 | $959 | $1201 | | Veteran with Spouse, Two Parents and Child | $525 | $740 | $1019 | $1,273 | | Veteran with
One Parent and Child | $442 | $629 | $880 | $1106 | | Veteran with Two Parents and Child | $478 | $677 | $940 | $1178 | | Add for Each Additional Child Under Age 18 | $22 | $30 | $37 | $45 | | Each Additional Schoolchild Over Age 18 (see footnote a) | $72 | $96 | $120 | $144 | | Additional for A/A spouse (see footnote
b) | $40 | $54 | $68 | $81 |
70% - 100% With Children
| Dependent
Status | 70% | 80% | 90% | 100% |
|---|
| Veteran with Spouse & Child | $1,409 | $1,634 | $1,837 | $2,932 | | Veteran
with Child Only | $1,298 | $1,507 | $1,694 | $2,774 | | Veteran with Spouse, One Parent and Child | $1,493 | $1,730 | $1,945 | $3,052 | | Veteran with Spouse, Two Parents and Child | $1,577 | $1,826 | $2,053 | $3,172 | | Veteran
with One Parent and Child | $1,382 | $1,603 | $1,802 | $2,894 | | Veteran
with Two Parents and Child | $1,466 | $1,699 | $1,910 | $3,014 | | Add
for Each Additional Child Under Age 18 | $52 | $60 | $67 | $75 | | Each
Additional Schoolchild Over Age 18 (see footnote a) | $168 | $192 | $216 | $240 | | Additional for A/A spouse (see footnote
b) | $95 | $108 | $122 | $136 |
FOOTNOTES: - A. Rates for each school child are shown separately. They are not included with any other compensation rates. All other entries
on this chart reflecting a rate for children show the rate payable for children under 18 or helpless. To find the amount payable
to a 70% disabled veteran with a spouse and four children, one of whom is over 18 and attending school, take the 70% rate
for a veteran with a spouse and 3 children, $ 1,513, and add the rate for one school child, $168. The total amount payable
is $1,681.
- B. Where the veteran has a spouse who is determined to require Aid and Attendance (A/A), add the figure shown as "additional
for A/A spouse" to the amount shown for the proper dependency code. For example, veteran has A/A spouse and 2 minor children
and is 70% disabled. Add $90, additional for A/A spouse, to the rate for a 70% veteran with dependency code 12, $1,461. The
total amount payable is $ 1,556.
These rates were provided by the Department of Veterans Affairs. The original
copies can be found at: http://www.vba.va.gov/bln/21/Rates/comp01.htm. VA Travel ReimbursementReimbursement for mileage or public transportation may be paid to the following: - Veterans
with service-connected disabilities rated at 30% or more;
- Veterans traveling for treatment of a service-connected
condition;
- Veterans receiving a VA pension;
- Veterans traveling for scheduled compensation or pension examinations;
- Veterans whose income does not exceed the maximum VA pension rate;
In 2009 Mileage Reimbursement will
be made at the rate of 41.5 cents per mile. On January 9, 2009, these milieage deductibles will decrease to $3 for
a one way trip, $6 for a round trip, with a maximum of $18 per calendar month. However, these deductibles can be waived
if they cause a financial hardship to the veteran. The deductible is also waived for veterans traveling for scheduled
compensation or pension examinations.
Rumsfeld nemesis Shinseki to be named VA secretary WASHINGTON –
President-elect Barack Obama has chosen retired Gen. Eric K. Shinseki to be the next Veterans Affairs secretary, turning to a former Army chief of staff
once vilified by the Bush administration for questioning its Iraq war strategy. Obama will announce the selection of
Shinseki, the first Army four-star general of Japanese-American ancestry, at a news conference Sunday in Chicago. He will
be the first Asian-American to hold the post of Veterans Affairs secretary, adding to the growing diversity of Obama's
Cabinet. "I think that General Shinseki is exactly the right person who is going to be able to make sure that we
honor our troops when they come home," Obama said in an interview with NBC's "Meet the Press" to be broadcast
Sunday. NBC released a transcript of the interview after The Associated Press reported that Shinseki was Obama's
pick. Shinseki's tenure as Army chief of staff from 1999 to 2003 was marked by constant tensions with Defense Secretary
Donald Rumsfeld, which boiled over in 2003 when Shinseki testified to Congress that it might take several hundred thousand
U.S. troops to control Iraq after the invasion. Rumsfeld and his deputy, Paul
Wolfowitz, belittled the estimate as "wildly off the mark" and the army general was ousted within months.
But Shinseki's words proved prophetic after President George W. Bush in early 2007 announced a "surge"
of additional troops to Iraq after miscalculating the numbers needed to stem sectarian violence. Obama
said he selected Shinseki for the VA post because he "was right" in predicting that the U.S. will need more troops in Iraq than Rumsfeld believed at the time. "When I reflect on the sacrifices
that have been made by our veterans and I think about how so many veterans around the country are struggling even more than
those who have not served — higher unemployment rates, higher homeless rates, higher
substance abuse rates, medical care that is inadequate — it breaks my heart," Obama told NBC. Shinseki, 66,
is slated to take the helm of the government's second largest agency, which has been roundly criticized during the Bush administration for underestimating the amount of funding needed to treat thousands of injured
veterans returning from Iraq and Afghanistan. Thousands of veterans currently endure
six-month waits for disability benefits, despite promises by current VA Secretary James Peake and his predecessor, Jim Nicholson, to reduce delays. The department also is scrambling to upgrade government technology
systems before new legislation providing for millions of dollars in new GI benefits takes effect next August. Sen. Daniel Akaka, chairman of the Senate Veterans Affairs Committee, praised Shinseki as a "great choice" who will make
an excellent VA secretary. "I have great respect for General Shinseki's judgment and abilities," said
Akaka, D-Hawaii, in a statement. "I am confident that he will use his wisdom and experience to ensure that our veterans
receive the respect and care they have earned in defense of our nation. President-elect Obama
is selecting a team that reflects our nation's greatest strength, its diversity, and I applaud him." Obama's
choice of Shinseki, who grew up in Hawaii, is the latest indication that the president-elect is making good on his pledge
to have a diverse Cabinet. In Obama's eight Cabinet announcements so far, white men are the minority with two nominations
— Timothy Geithner at Treasury and Robert Gates at Defense. Three are women — Janet Napolitano
at Homeland Security, Susan Rice as United Nations ambassador and Hillary
Rodham Clinton at State. Eric Holder at the Justice Department is African
American, while Bill Richardson
at Commerce is Latino. Shinseki is a recipient of two Purple Hearts for life-threatening
injuries in Vietnam. Upon leaving his post in June 2003, Shinseki in his farewell speech
sternly warned against arrogance in leadership. "You must love those you lead before you can be an effective leader,"
he said. "You can certainly command without that sense of commitment, but you cannot lead without it. And without leadership,
command is a hollow experience, a vacuum often filled with mistrust and arrogance." Shinseki also left with the
warning: "Beware a 12-division strategy for a 10-division army."
Secretary Peake Announces Travel Reimbursement Increases for Eligible Veterans November 17, 2008 WASHINGTON – The U.S. Department of Veterans Affairs (VA)
announced today that eligible veterans will see an increase in the mileage reimbursement they receive
for travel to VA facilities for medical care. Secretary of Veterans
Affairs Dr. James B. Peake announced today that he will use his authority to raise
the mileage reimbursement from the 28.5 cents per mile to 41.5 cents per mile for all eligible veterans. “We owe it to our veterans to give them the best care possible,” said Peake. “The
increase will once again provide assistance to our veterans, especially in these difficult economic times, to help offset
gasoline costs and to assist veterans with access to the VA’s world-class health system.” Congress, which mandates such increases, recently provided funding to VA to increase the reimbursement
rate, which goes into effect on November 17, 2008. Service connected veterans, veterans receiving VA pensions, and veterans
with low incomes are eligible for the reimbursement. “As I have travelled the
country and spoken with many of our veterans, they have expressed the need for such an increase,” added Peake. “We
are pleased to be able to provide them with the increase needed and we will continue to work with our veterans to ensure they
receive the quality care they need.” While
increasing the payment, the current deductible amounts applied to certain mileage reimbursements will remain frozen at $7.77
for a one way trip, $15.54 for a round trip, and capped at a maximum of $46.62 per calendar month. On January 9,
2009, these deductibles will decrease to $3 for a one way trip, $6 for a round trip, with a maximum of $18 per calendar month. Deductibles
can be waived if they cause a financial hardship to the veteran.
Two veterans' organizations Monday filed a federal lawsuit seeking to accelerate decisions on disability claims for retired
military personnel. The lawsuit, filed by the Vietnam Veterans of America and Veterans of Modern Warfare in U.S. District
Court in Washington, seeks to force the Department of Veterans Affairs to provide an initial ruling on every veteran's
claim for disability benefits within 90 days and to resolve appeals within 180 days. The veterans' groups also are
seeking interim benefits for veterans whose claim rulings take longer than those time periods. "The failure to
expedite veterans' compensation claims creates, at best, the impression that the nation does not respect its veterans,"
John Rowan, president of the Vietnam Veterans of America, said in a written statement. "America's veterans deserve
more, and the VA's failure to fulfill its responsibilities brings dishonor to our nation and can only make the call of military service
more challenging." According to the veterans' groups, an initial decision on a typical benefits claim takes
an average of six months. Appeals of initial rulings take, on average, over four years, according to the groups. "We
have not yet seen this lawsuit, and the Department of Justice handles litigation issues in the U.S. District Court for the
VA, so we can't really comment," said Lisette Mondello, assistant secretary for public and intergovernmental affairs
for the department. "Regarding the press accounts today, we would note that the VA has made considerable improvements
in claims adjudication and continues to do so. It is a key priority for the VA." The issue of veterans' benefits
was highlighted in the recently concluded presidential campaign. President-elect Barack Obama promised, among other things,
to increase veterans' benefits to keep pace with rising costs. In June, President Bush signed
a $162 billion war funding bill that contained a new "G.I. Bill" expanding education benefits for veterans who have
served since the September 11 attacks
VA Announces Expansion Of Disability Evaluation System Pilot All Military Services Now Taking PartWASHINGTON (Nov. 7, 2008) -- Wounded service members leaving themilitary will have easier, quicker access to their veterans benefits dueto the expansion of a pilot program that will offer streamlineddisability evaluations that will reach 19 military installations,representing all military departments.The Department of Veterans Affairs (VA) announced today the expansion ofthe Disability Evaluation System (DES) pilot which started in theNational Capitol Region in coordination with Departments of Defense(DoD). The pilot is a test of a new process that eliminatesduplicative, time-consuming and often confusing elements of the twocurrent disability processes of the departments."Providing Service members going through the disability process withcomprehensive information about their benefits from both departments anddelivering their VA benefits as fast as possible is our goal. Thissingle evaluation will help us do just that," Tom Pamperin, deputydirector of VA's Compensation and Pension Service, said. "The programexpansion will allow wounded warriors a smoother and more efficienttransition to getting services from the VA."The initial phase of the expansion started on Oct 1, with Fort Meade,Md. and Fort Belvoir, Va. The remaining 17 installations will beginupon completion of site preparations and personnel orientation andtraining, during an 8-month period from November 2008 to May 2009."The decision to expand the pilot was based upon a favorable review thatfocused on whether the pilot met its timeliness, effectiveness,transparency, and customer and stakeholder satisfaction objectives,"said Sam Retherford, director, officer and enlisted personnelmanagement, Office of the Under Secretary of Defense for Personnel andReadiness. "This expansion extends beyond the national capital region,so that more diverse data from other geographic areas can be evaluated,prior to rendering a final decision on worldwide implementation."The remaining installations to begin the program are: Army: Fort Carson,Colo.; Fort Drum, N.Y.; Fort Stewart, Ga.; Fort Richardson, Alaska; FortWainwright, Alaska; Brooke Army Medical Center, Texas; and Fort Polk,La. Navy: Naval Medical Center (NMC) San Diego and Camp Pendleton,Calif.; NMC Bremerton, Wash.; NMC Jacksonville, Fla.; and Camp Lejeune,N.C. Air Force: Vance Air Force Base, Okla.; Nellis Air Force Base,Nev.; MacDill Air Force Base, Fla.; Elmendorf Air Force Base, Alaska.;and Travis Air Force Base, Calif.In November 2007 VA and DoD implemented the pilot test for disabilitycases originating at the three major military treatment facilities inthe national capitol region. To date, over 700 service members haveparticipated in the pilot over the last ten months.The single disability examination pilot is focused on recommendationsfrom the reports of the Task Force on Returning Global War on TerrorismHeroes, the Independent Review Group, the President's Commission on Carefor America's Returning Wounded Warriors (the Dole/Shalala Commission),and the Commission on Veterans' Disability Benefits.
Veterans Issues: Are All Veterans Treated Equally? Veterans
Issues - All veterans served but some veterans are more worthy than others, at least according to many members in congress. What am I talking about you ask? Congress establishes periods of war and for a homeless and destitute veteran to
receive any financial assistance from the VA; the veteran must have served during a recognized period of war. If you served on active duty in the military between July 27, 1947 and June 26, 1950, your service in dismissed by
congress. If
your service to our country was between February 1, 1955 and February 27, 1961, once more congress says your service didn't
mean squat. If
you served on active duty in the military between May 8, 1975 and August 1, 1990, again congress says too bad, so sad, you
didn't serve during a period of war and you're not eligible to the same benefits as other veterans. All veterans raised their
right hands and swore to defend and support the Constitution of the United States of America. And with that oath our veterans
were willing to give our life, limbs or minds. Why do I bring this up? Because from the end of WWII (August 15, 1945) through the collapse
of the Soviet Union (February 7, 1990) was a period known as the Cold War, a war with real deaths, real members of the military
Missing in Action (MIA), real Prisoners of War (POW) imprisoned in China and the USSR, and real service members killed in
the line of duty (KIA). Yet members of congress refuse to recognize this period as a real war. To this day, three residents from the state of Florida
have never returned home from their military service and are listed by the Department of Defense as Missing In Action (MIA)
during the Cold War, yet congress, both the house and senate ignore the sacrifices these men and women made for this country. State City Name Service Rank
Incident Date FL DELAND SMITH, LLOYD Navy AD3 01/18/53 FL MIAMI MEYER, WILLIAM Navy AT2 11/6/51 FL TAMPA TAYLOR, PAT Air Force CAPT 09/10/56 These are three
of the 165 name acknowledged by the Department of Defense as MIA during the Cold War. Congress says, so what, it's only 3 from Florida and
it's only 165 total, so what? Here's a quote from Congressman Adam Putnam of Polk County "- we should not count
the Cold War as a war by the definition laid out in the Constitution." Is there any wonder why congress has a historically low
approval rating, even worse than the president? Why do I bring this up? Because as a Veterans Claims Agent I see veterans who served
honorably, just as honorably as all the other veterans but because they served on the boarders of the Warsaw Pact in Europe
or on the DMZ in Korea or in Japan or elsewhere during those time periods noted above, congress is saying to these veterans,
your service was in vain, all veterans are worthy of care and veterans benefits but some are more worthy than others. Kind
of reminds me of George Orwell's Animal Farm, where all animals are created equal only some are more equal than others. The Veterans of the Cold War
deserve the same benefits as any other veteran. No one chooses when they are born or when they turn 18, but every veteran
who served honorably chose to serve our country. Some now have illness, and injuries which makes them unable to acquire and
maintain gainful employment. Some of these veterans are now homeless and destitute, but congress is tell these men and women,
because you served between WWII and Korea, in between Korea and Vietnam, in between Vietnam and the Persian Gulf, your service
is not worthy of a Non-Service Connected Pension, in other words, thank you for your blood, sweat, and tears, now hit the
road. That's just wrong, but for the law to change it does require congress to act. It is up to congress to edit Title
38 of the United States Code and include the Cold War as a period of war. The fact that congress never "Declared"
war on the USSR is irrelevant, congress never "declared" war on North Korea nor North Vietnam, yet the men and women
who served during those time periods, and serving in Korea or Vietnam is not a requirement, still earn the same benefits as
those of WWII and the Persian Gulf War era veterans do. Two wars were declared, and two wars were not, but all veterans served. By the way,
the Persian Gulf War era is from August 2, 1990 through date to be prescribed by Presidential proclamation or law. Neither
the President nor Congress has yet to prescribe a specific date to when the Persian Gulf War era ends, so all veterans who
served after August 2, 1990 to present are eligible for the same benefits denied to those who served during certain periods
of the Cold War. Equal justice under the law my A--, all veterans deserve to be treated equally. Many missions happened during
the Cold War, missions which are still classified and the public will not know for decades to come, but these missions were
performed by the same men and women who now need the VA's help and the VA, with the approval of congress, turns a blind
eye on these veterans. How do we fix this issue, contact your congressperson and tell them to honor all veterans, the Cold War was a war,
accept it and acknowledge the serve of the Cold War veterans by amending Title 38 of the United States Code. P.S. for those who think this
only applies to me, sorry, both my wife and I served not only during the Cold War but also during the Persian Gulf War era.
This is for all of those veterans who fall through those huge cracks congress (both Republicans and Democrats) have left in
VA Law. Gus
Garcia Veterans Claims Agent 38 U.S.C. 5904
FOR IMMEDIATE RELEASE
Enhanced VA Mortgage Options Now Available for VeteransOf Potential Benefit to Those in Financial DistressWASHINGTON (Oct.24) -- Veterans with conventional home loans now have new options for refinancing
to a Department of Veterans Affairs (VA) guaranteed home loan. These new options are available as a result
of the Veterans’ Benefits Improvement Act of 2008, which the President signed into law on October 10, 2008. “These
changes will allow VA to assist a substantial number of veterans with subprime mortgages refinance into a safer, more affordable,
VA guaranteed loan,” said Secretary of Veterans Affairs Dr. James B. Peake. “Veterans in financial
distress due to high rate subprime mortgages are potentially the greatest beneficiaries.” VA has never
guaranteed subprime loans. However, as a result of the new law VA can now help many more veterans who currently
have subprime loans. The new law makes changes to VA’s home loan refinancing program. Veterans
who wish to refinance their subprime or conventional mortgage may now do so for up to 100 percent of the value of the property.
These types of loans were previously limited to 90 percent of the value. Additionally,
Congress raised VA’s maximum loan amount for these types of refinancing loans. Previously, these
refinancing loans were capped at $144,000. With the new legislation, such loans may be made up to $729,750
depending on where the property is located. Increasing the loan-to-value ratio and raising the maximum loan amount will allow more
qualified veterans to refinance through VA, allowing for savings on interest costs or even potentially avoiding foreclosure. Originally set
to expire at the end of this month, VA’s authority to guaranty Adjustable Rate Mortgages (ARMs) and Hybrid ARMs was
also extended under this new law through September 30, 2012. Unlike conventional ARMs and hybrid ARMs,
VA limits interest rate increases on these loans from year to year, as well as over the life of the loans. Since 1944,
when home loan guaranties were offered with the original GI Bill, VA has guaranteed more than 18 million home loans worth
over $911 billion. This year, about 180,000 veterans, active duty servicemembers, and survivors received
loans valued at about $36 billion. For more information, or to obtain help from a VA Loan Specialist, veterans may call
VA at 1-877-827-3702 or visit www.homeloans.va.gov. # # #
DoD Revises Purple Heart Eligibility DoD Revises
Purple Heart Eligibility Criteria to Allow Award to POWs Who Die in Captivity
The Department of Defense announced today it has expanded the Purple Heart eligibility criteria allowing prisoners-of-war
who died in captivity to receive the award. The revised department policy presumes,
for service members who die in captivity as a qualifying prisoner-of-war, that their death was the "result of enemy action,"
or the result of wounds incurred “in action with the enemy” during capture, or as a result of wounds incurred
as a “result of enemy action” during capture, unless compelling evidence is presented to the contrary.
The revised policy allows retroactive award of the Purple Heart to qualifying prisoners-of-war since Dec. 7, 1941. Posthumous
award will be made to the deceased service member’s representative, as designated by the secretary of the military department
concerned, upon application to that military department.
Each military department will publish application procedures and ensure they are accessible by the general public. Family
members with questions may contact the services: Army: Military Awards Branch, (703) 325-8700; Navy: Navy
Personnel Command, Retired Records Section, (314) 592-1150; Air Force: Air Force Personnel Center, (800) 616-3775; Marine
Corps: Military Awards Branch, (703) 784-9340. For further information, media representatives should contact Eileen
Lainez, (703) 695-3895, eileen.lainez@osd.mil.
DEPARTMENT OF VETERANS AFFAIRSJames A. Haley Veterans'
Hospital13000 Bruce B. Downs BoulevardTampa, FL 22612September
15, 2008 In Reply Refer to:673/125Dear:The James A Haley Veterans' Hospital
Social Work Service and Chaplain Service would like to invite you to participate in a Community Resource Fair on:Friday, October 10, 200812:30-3:30pmMain Hospital AuditoriumThe
purpose of the fair is to come together as service providers from government, non-profit, and faith-based agencies to collaborate
on ways to best utilize and optimize our resources to meet the needs of our veterans. We are all seeing the
results of lost jobs, housing woes and homelessness of so many in our community. We would like to join forces to be
able to have better knowledge and understanding of what each agency can and does provide. We encourage you
to bring written materials about your agency's services, populations you serve, and locations. Space is limited,
therefore we will not be able to accommodate elaborate presentations. The following agenda is planned:11:00am
- 12:30pm: Grief & Bereavement Workshop provided by the VA Chaplain Service in the VA hospital chapel. Lunch
on your own12:30 - 1:30pm: Closed Fair to Community Agencies and VA programs to meet and greet. 1:30
- 3:30pm: Open Fair to VA Staff and veterans for networking and information gathering. Please RSVP by September
26, 2008 by sending an email or calling the contacts below:Mary B. Taylor, LCSW
Cynthia Fletcher, LCSW Donna Schnyderite, Chaplain Svc813
972-2000 x 4488 813 972-2000
x 7952 813 972-2000 x 4084Please include the following information:Name
of your AgencyName of person attendingTelephone numbersWill you be attending the Workshop
Valet parking is on a first-come-first-serve
basis. A parking tag will be mailed to you upon confirmation of attendance.We look forward to
building an on-going partnership with you.
Sincerely,
James R. Taylor
Chief, Chaplain Service
Resource Fair Coordinator
From Military.com The Montgomery GI Bill (Chapter 30) was created to help veterans of active duty military service pay for their
education and training. The guide will teach you how to make the most of this education benefit. The guide topics include
the following: - A GI Bill Benefit Overview
- Step-by-Step Application Instructions
- Related GI Bill
Programs
Your GI Bill can be used to pay for many different programs including the following: The GI Bill is currently worth up to $39,636.
This amount is based on the 2007-2008 monthly full-time student payment rate of $1101 multiplied by the 36-month limit. This
“payment rate” automatically increases on October first each year. You get the annual increase no matter when
you became eligible or begin using it. The term "36 months of benefits" refers to academic months. This
means you will have up to 8 semesters (four years) to complete a traditional academic education. Note:
Your actual benefits may be higher if you signed up for the Army, Navy or Marine Corps College Funds. GI Bill EligibilityYou qualify for the GI Bill if: - You contribute $100 a month for the first
12 months you are in active duty, or qualify under VEAP conversion.
- You have completed High School or have an equivalency
certificate before you apply for benefits.
- You have served at least 2 years on active duty.
Check out
the GI Bill Eligibility Fact Sheet for more details. Your GI Bill Payment Rate – How much you get.Your GI Bill monthly payment rate is
determined by two factors: your student status (full time, half time, or part time) and your duty status. Your school determines
your student status. In most cases you would be considered a full time student if you are taking 12 or more credits per semester. Click
here to see the current GI Bill payment rates. Note: Two-Year enlistees can qualify for a reduced GI Bill rate of $894 a month for full-time students. When
To Use The GI BillIf you are eligible for the GI Bill you can begin using your benefit after 2 years of service. In
addition it is also important to know that the GI Bill has an expiration date. You have 10 years from your last discharge
to use the GI Bill or lose it. That means that any benefit remaining after the tenth anniversary is lost and you will not
be reimbursed for the $1,200 initial contribution.
Note: Only VA representatives can answer specific questions
about your GI Bill account. You can reach them at 1-888-GIBILL-1. How to Apply - Step-by-Step Application InstructionsAlthough
the GI Bill application process can be time consuming it is relatively easy and worth the time invested. In most cases the
process will take you 4 steps, or less! Step OneFind a school that has VA approved training or education
programs. Be sure to ask the admissions counselor if the school meets the requirements to use the GI Bill. You can use
the Military.com School Finder to locate a school or institution that fits the bill. Note: Most regionally and nationally accredited
colleges and universities have VA approved programs. Step TwoComplete the Application for Education Benefits,
VA Form 22-1990. Your school's registrar's office usually has copies of the form on hand. If you are active duty you will need
to have your Education Service Officer or Command representative complete and sign Section II of the VA Form 22-1990. Tip:
You should speak to a counselor in your Voluntary Education Services Office to determine if you are eligible to participate
in the GI-Bill Buy-up program before you start using your GI Bill. It could be worth up to an extra $5,400 in benefits. Step
ThreeSend in your application. In most cases the school will take care of this step for you, by sending your
application along with their paperwork to the nearest VA regional office. This will expedite the process. However if you have
not found a school yet, you can still apply for your VA Eligibility Determination by mailing your completed VA Form 22-1990
to your VA Regional Processing Office. Within 4-8 weeks you should receive a declaration of eligibility and a letter explaining your VA GI Bill benefits.
Keep in mind that it is not uncommon to get a letter from the VA requesting more information. You will have to answer the
Department of Veteran’s Affairs requests to be determined eligible and complete the process. Step FourOnce
you begin receiving your benefit checks (Direct Deposit) you will have to complete the VA’s Web Automated Verification
of Eligibility (WAVE) process each month to continue to receive your monthly benefits payments. The WAVE is a simple
process that requires you to either log-on to the VA WAVE website or call their toll-free number at 1-888-GIBILL-1. It only
takes a couple of minutes, but you will not get your monthly payment until you do. GI Bill Related TopicsThe
GI Bill offers several programs. The following links will help you learn to get the most of the GI Bill.
Veterans Issues: MyHealtheVet Many veterans struggle with getting their
prescription medications from the pharmacy at the James A Haley Veteran’s Hospital, the long wait in line just to begin
the process. For those who are not familiar with the process, the Veteran, once a prescription is written
by the MD, must go to the Pharmacist screener, that can take between 30 to 60 minutes in itself. Once approved
by the screen, then the veteran must wait in another line for approximately another hour before s/he can receive their prescription.
However, there are some alternatives, depending on how critical the medication is. If the veteran
needs the medication PDQ, I recommend waiting at the VA for the medication, I know it can be a pain in the A--, but if you
need it, you need it, however if it is a long term medication, consider having mailed to your residence, or delivered to the
Community Based Outpatient Clinic (CBOC). Once the medication has been established to be a long term medication
consider ordering your medication on the internet. Yes the VA has moved into the 21st century.
www.myhealth.va.gov is a website established by the VA to assist veterans with some of their medical needs.
As the spouse of a Veteran on long term medication I have found this website to be an invaluable tool.
Whenever my wife will soon be running out of medication, I can hop on to myhealthevet and reorder her medication.
It arrives in the mail in approximately 10 days and we can continue on with life. Myhealthevet allows you to view and re-order prescriptions, record vital
information such as Blood Sugar levels, Blood Pressure, weight, pulse rates and more. According to the VA, soon you will also
be able to view and print parts of your medical records, labs, and scheduled appointments. For more information and registering go to www.myhealth.va.gov and start saving yourself a headache and time.
Veterans court swamped with disability claims appeals
Army Times
By Dennis Camire
Gannett News Service
Veterans appealing disability
claims and other issues may soon be waiting much longer for decisions. The U.S. Court of Appeals for Veterans Claims
case backlog has more than doubled in the past two years to 5,800. If the trend continues, veterans could be waiting more
than three years for a decision from the court, said Sen. Larry Craig, R-Idaho, chairman of the Senate Veterans Affairs Committee.
Currently, it takes a year, on average, for a case to go through the court. With thousands of wounded service members
returning from Iraq and Afghanistan, we must ensure that our veterans will receive timely decisions on their claims, Craig
said at a committee hearing on the issue. For Irving M. Levin, 83, a World War II veteran appealing a disability claim
decision by the Veterans Affairs Department to the court for the third time, time is running out. Levin, a former U.S.
Army Air Forces flight engineer who lives in Stuart, Fla., was hit by a flying chunk of metal when his B-29 bomber crash-landed
on Iwo Jima in April 1945. Levin, who originally filed his disability claim in 1988, said his injury led to a spinal problem
requiring three back surgeries. I've had nothing but grief from this thing (VA disability claim process), said Levin,
who uses a walker and a wheelchair to get around. It's got to the point that it is running my life. Each time
Levin's case has come to the appeals court, it has been sent back to the VA for more development, medical opinions and
clarifications. Each step has required months or years. Irving said it seems like the VA is waiting for him to give
up or die. But, he said, I'm not a quitter. Joe Violante, legislative director of Disabled American Veterans,
said the long processing times for cases suggest inadequate resources, the need for increased efficiency or both. Disabled
veterans who are often elderly and quite sick must wait unacceptably long periods of time for resolution of their appeals, he
said. The protracted delay creates a hardship for many. Still, Appeals Court Chief Judge William P. Greene says
he expects a trend in increased caseloads to continue. In the past two years, it's increased from 200 to more than 300
a month, outpacing the seven-judge court's ability to render decisions. In the first half of this year, the court
stepped up its decision process, handing down 1,564 decisions but still receiving 1,932 new cases. Greene said he couldn't
fully explain why the increase is taking place but attributes some of it to the VA deciding more cases and more veterans becoming
more aware of their ability to appeal VA decisions to the court. James P. Terry, chairman of the Board of Veterans Appeals
in the VA, said cases have grown more complex and increased in the number of issues to decide and the cases create much larger
records to review. The problem of backlogs will be a theme that continues into the future unless steps are taken to
reduce ... appeals or to employ an expeditious way to dispose of them, he said. Greene said the court is considering
several different ways to increase its productivity without hurting due process or limiting judicial review. We are
looking for innovative ways to best meet the demands of an increased docket, he said. One way is to recall the
court's six retired judges, who could serve up 180 days each year, to help reduce the backlog, Greene said. Another
strategy would be to have judges preside over settlement conferences, which could decide cases without going through a full
court hearing, Greene said. Other efforts are aimed at reducing the number of documents filed for each case, issuing
summary judgments without written explanations in some cases and implementing an electronic case management system.
Recent
VA News Releases
To view and download VA news release, please visit the following Internet address: http://www.va.gov/opa/pressrel
VA Announces On-Line Claims Applications
WASHINGTON (July 16, 2008) - The Department
of Veterans Affairs (VA) announced today 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 www.va.gov <http://www.va.gov/> or call our toll-free number at 1-800-827-1000.
Polk County Veterans Council - Veterans Service Officers
As a Veteran's Claims Agent,
many people ask me what does that mean.
A Veteran's Claims Agents (VCA) is private,
nonattorney individual authorized to file claims against the Department of Veterans Affairs (DVA) on behalf of veterans for
benefits earned for their military service.
VCAs are not the only individuals who can assist veterans,
most veteran's organizations have Service Officers (SO) and the each county in Florida has at least one Veteran Service
Officer (VSO). A list of VSOs can be found at the Florida Department of Veterans Affairs Web site.
Here in Polk County many of the American Legion Post, Veteran's of Foreign
Wars Post, the Disabled American Veterans, and American Veterans each have SOs. The Polk County Board of County Commissioners
(BoCC) also has four VSOs.
As of Jan. 8, 2008, there is only one VCA registered with the Department
of Veterans Affairs, Office of the General Council (OGC). 38 USCS 5902 covers the recognition of representatives
of organizations; the representative from both the BoCC and these organizations: the American Legions, VFWs, DAVs, AMVETS,
and others. A list of recognized organization can be found on the VA's OGC website.
38 USCS 5903 covers the recognition with respect to a particular claim. In other words you
do not need to be a VCA, SO, or VSO to file a claim for yourself or file one claim for a family member; however, if you are
not familiar with the VA system, it is not recommended that an individual attempt to file a claim for benefits. Unrecognized
time lines and specific written requirements can become a barrier to those who do not do their research first. Once a claim
is denied and the appeal is not filed in a timely manner the claim is final and can only be reopened with either new and material
evidence or a clear and unmistakable error.
38 USCS 5904 covers the recognition of agents and attorneys.
These are individuals who dedicate themselves to helping veterans receive the benefits they earn in military service but unlike
the SOs and VSOs, this category of representatives can charge the veteran for their assistance.
There are benefits and retractors to each category of representative. Although each representative must pass an exam administered
by the DVA OGC, and each representative will do their very best to assist each veteran they serve, the SO and the VCA are
volunteers. The SOs work for the organization and must abide by the organization rules, the VCA works directly for the Veterans
and answers only to the veteran and the OGC.
Whereas the SOs and VSOs cannot charge a veteran
for services, a VCA can, up to 20 percent of any past due amounts. While I myself do not charge the veterans I represent,
I do require payment of expenses if their case proceeds beyond Regional Office (RO) to the Board of Veterans Appeals (BVA)
and the veterans chooses to go anywhere other than the VA's only RO in Florida, St. Petersburg.
Whereas the SOs and VCAs are volunteers, this allows the SOs and VCAs to pick and choose who they want to represent. In
other words, SOs and VCAs can turn down request for assistance and deny the acceptance of being recognized as a particular
veteran's representative.
SOs and VSOs each receive continuous training either through their
respective organizations or through conventions, the VCA must search out their own continuous training.
SOs
and VCAs are volunteers, working on cases at their leisure, the VSOs are full-time, paid professional Veteran Service Officers
and an extremely valuable resource to Polk County. The crew at the Polk County Veterans Service Office is a group of dedicated
men and women, dedicated to helping ALL of Polk County's Veterans. I know if it were not for these VSOs there is no way
we could keep up with the tremendous task of helping our Veterans in Polk County. Even though each SO and I, the only VCA
in Polk County try to help as many veterans as we can, the number of veterans far exceeds our ability to continue quality
service. Florida has only one VA RO, all claims for benefits go to the RO, in St. Petersburg while
Florida also has the second largest population of veterans at 1.8 million, second only to California's 2.5 million, but
California has three ROs to process the claims faster.
If you are a veteran of a family member
of a veteran who wants to file a claim for benefits, please contact an SO, VSO, or a VCA. It's your benefits; don't
lose them because of an error in time.
This article can also be found in the Ledger's Polk Voice (On Line)
VA Reaches Out to Women Veterans Department Hosts 4th Quadrennial Summit WASHINGTON (June 19, 2008) - The Fourth National Summit on Women Veterans' Issues will take place at the
Westin Washington, D.C., City Center from June 20-22. Secretary of
Veterans Affairs Dr. James B.Peake said the three-day meeting will help ensure that
women veterans know about the benefits and health care they have earned. "With more women than ever serving in our armed forces, this
public forum will bring visibility to the issues important to women veterans of all eras," Peake said. "Today, women are important contributors to the military and valued members of the veterans community." Recognizing
the valor, service and sacrifice of America's 1.7 million women veterans, VA has
created a comprehensive array of benefits and programs. Women veterans are entitled to the same benefits and medical care as their male counterparts, including health care, disability compensation, education
assistance, work-study allowance, vocational rehabilitation, employment and counseling
services, insurance, home loan benefits, nursing home care, survivor benefits and various
burial benefits. In addition, VA also has a multitude of services
and programs that respond to
the unique needs of women veterans, including pap smears, mammography, and general reproductive
health care, substance abuse counseling, counseling for sexual trauma, and evaluation
and treatment for Post Traumatic Stress Disorder (PTSD). Today, over 200,000 women are serving in the armed forces. About 11 percent of the U.S. forces currently serving in Afghanistan and Iraq are women. According to a recent "hospital report
card" by VA, the Department's screening for breast and cervical cancer for
women in VA facilities exceeds screening in private-sector facilities, but women veterans
lag behind their male counterparts in some quality measurements. VA has already launched an aggressive program to ensure women veterans receive the highest quality of care, including $32.5 million to purchase additional
equipment to meet the health care needs of women. This includes full
field digital mammography equipment, stereotactic imaging technology, specialized ultrasound
and biopsy equipment and DEXA scanners for bone density measurements. The
status of health care for women veterans will be a major topic at the summit. There is a women veterans program manager at every VA medical center,
a women's liaison at every community based outpatient clinic and a women veterans coordinator at every VA regional office.
Pennsylvania Seeks Gulf War Vets
Courtesy
of the Pennsylvania Department of Military and Veterans Affairs
HARRISBURG, Penn. -- The Commonwealth of Pennsylvania is looking for veterans of the 1991 Persian Gulf War
who have relocated to other states.
The Persian Gulf Conflict
Veterans’ Benefit Act was signed into law in 2006. A one-time
bonus is offered to qualified Pennsylvania veterans and their
survivors. signed into law in 2006. A one-time bonus
is offered to qualified Pennsylvania veterans and their survivors.
For more information and eligibility requirements, call toll
free 1 (866) 458-9182 or go online at www.persiangulfbonus.state.pa.us
Presumed Military Service Connected Diseases; 38 CFR 3.309 covers many presumed disease for our veterans. Some diseases
have longer periods for the disease to develop than others. Some diseases are assigned as chronic diseases,
some are tropic diseases, some are radioactive diseases, some prisoner of war diseases, and some are attributed to exposure
to herbicides, such as the well known Agent Orange. If
a Veteran meets the criteria of 38 CFR 3.309 and others, the disease the veteran may have may be service connected and therefore
entitled to medical treatment for the disease. Below are some excerpts from the code of federal regulation. As with all claims for service connection to a military disability, you should seek assistance
from a Polk County Veterans Service Office (VSO), or a Veterans Organization’s Service Officer (SO), or a Veterans Claims
Agent (VCA). Filing a claim with the Department of Veterans Affairs can be very confusing and frustrating
endeavor as there are timelines which must be adhered to. Many
of the disease noted below have presumptive time periods, meaning a time frame in which the disease must manifest itself to
a certain point within a certain time frame, a VSO, SO, or VCA can identify these time limits for you.
Diseases
which may be considered service connected as chronic {38 CFR 3.309 (a)}
Anemia, primary. Arteriosclerosis;
Arthritis; Atrophy, progressive muscular; Brain hemorrhage; Brain thrombosis; Bronchiectasis; Calculi of the kidney, bladder,
or gallbladder; Cirrhosis of the liver; Coccidioidomycosis; Diabetes mellitus; Encephalitis lethargica residuals; Endocarditis.
(This term covers all forms of valvular heart disease.); Endocrinopathies; Epilepsies; Hansen's disease; Hodgkin's
disease; Leukemia; Lupus erythematosus, systemic; Myasthenia gravis; Myelitis; Myocarditis; Nephritis; Other organic diseases
of the nervous system; Osteitis deformans (Paget's disease); Osteomalacia; Palsy, bulbar; Paralysis agitans; Psychoses;
Purpura idiopathic, hemorrhagic; Raynaud's disease; Sarcoidosis; Scleroderma; Sclerosis, amyotrophic lateral; Sclerosis,
multiple; Syringomyelia; Thromboangiitis obliterans (Buerger's disease); Tuberculosis, active; Tumors, malignant, or of
the brain or spinal cord or peripheral nerves; Ulcers, peptic.
Diseases which may be considered
service connected as Tropical {38 CFR 3.309 (b)}
Amebiasis; Blackwater fever; Cholera;
Dracontiasis; Dysentery; Filariasis; Leishmaniasis, including kala-azar; Loiasis; Malaria; Onchocerciasis; Oroya fever; Pinta;
Plague; Schistosomiasis; Yaws; Yellow fever; Resultant disorders or diseases originating because of therapy administered in
connection with such diseases or as a preventative thereof.
Diseases specific
to Prisoners of War
{38 CFR 3.309 (c)}
Psychosis; Anxiety; Dysthymic disorder; Organic residuals of frostbite; Post-Traumatic Osteoarthritis; Atherosclerosis
heart disease; Hypertensive vascular disease; Stroke and it’s complications, and others.
Diseases
specific to Radiation-Exposed
Veterans {38 CFR 3.309 (d)}
Cancer of
the – Thyroid; Breast; Pharynx; Esophagus; Stomach; Small Intestine; Pancreas; Bile Ducts; Gall Bladder; Salivary Gland;
Urinary Tract; Bone; Brain; Colon; Lung; or Ovary; also Leukemia; Multiple Myeloma; Lymphomas (except Hodgkin’s Disease);
Bronchiolo-Alveolar Carcinoma.
Diseases associated with exposure to certain Herbicide Agents
{38 CFR 3.309 (e)}
Chloracne; Type 2 Diabetes; Hodgkin’s Disease; Chronic Lymphocytic Leukemia; Multiple Myeloma; Non-Hodgkin’s
Lymphoma; Acute and subacute peripheral neuropathy; Porphyria Cutaenea Tarda; Prostate Cancer; Respiratory Cancers; Soft Tissue
Sarcoma.
The information noted above
is for informational purposes only, if you believe you are eligible for Veterans Benefits, please contact a Veterans Service
officer in the Polk County Veterans Services office, or a Service Officer in one of the Veterans Organizations, or a Veterans
Claims Agent (Independent). All of these Officers/Agents have undergone rigorous testing to meet the standards
set forth by the Department of Veterans Affairs Office of the General Council as required by 38 USC Chapter 59.
Veterans Burial Benefits Polk County Veterans Council - Veterans Helping Veterans With
Memorial Day just a few weeks away many Veterans don't know that they may be entitled to burial benefits, headstones,
markers, and/or memorial flags. To be eligible, the Veteran must have been discharged from Active Duty under conditions
other than dishonorable. The Veterans spouse and dependent children may also be eligible for VA burial and memorial
benefits. Reservist and National Guard Members along with their spouse and dependent children may be eligible
if the Reservist or National Guard member was eligible for retirement pay at the time of death or would have been 60 years
old. Other exceptions for NG and Reservist may make them eligible for VA benefits also, time on active duty, not including
training, disability incurred while training, called to active duty... VA burial benefits are not absolute, according
to 38 USC 2411, Veterans who have been convicted of certain Federal and/or State Capital Crimes forfeit the right to be buried
in a national cemetery with military honors. Burial in VA National Cemeteries are available to Veterans,
their spouse, and dependants at no cost, providing they meet eligibility criteria. The VA provides the gravesite, grave
liner, opening and closing of the grave, a headstone or marker, and perpetual care as part of a national shrine. For
Veterans, the service will also include a burial flag (with a case for active duty members) and military funeral honors. Even though the VA will provide all of this for a Veteran, the VA does not usually provide transportation of the body,
preparation of the body, or any services prior to arrival at the VA Cemetery. Those usually must be taken care of by
either the Veteran prior to passing on or by the family members. The VA does however provide some reimbursement of burial
expenses, up to $2,000 if the veteran dies of a service connected disability. In such case, the VA will reimburse the
one who bore the cost also in some cases the VA will pay for transportation if the death is caused by a service connected
disability. The VA has no time limit for filing claims in service connected reimbursement death cases. The VA
will also pay $300 as a burial and funeral allowance for Veterans who at the time are eligible for pension or compensation
or would have been eligible for retirement benefits (NG/Resv). The VA also has a $300 plot allowance if the Veteran
is buried in a Non-U.S. Government cemetery IF the Veteran was discharged from active duty because
of the disability, was receiving compensation or pension benefits, or would have been eligible for military retirement pay
or the Veteran died while in VA care. Florida has 5 VA National Cemeteries; Barrancas National Cemetery
- Pensacola (Space Available) Bay Pines National Cemetery - St. Petersburg (No New Internments, Cremation Available) Florida National Cemetery - Bushnell (Space
Available)
South Florida VA National Cemetery - Lake Worth (Space Available)
St. Augustine National
Cemetery - St. Augustine (No New Internments)
The Veterans Millennium Health Care and Benefits Act of 1999 requires VA to establish six additional national
cemeteries in areas of the United States in which the need for burial space is greatest. Florida has an area in: Miami, the
South Florida VA National Cemetery which opened in 2007.
The National Cemetery Act of 2003 authorizes VA
to establish new national cemeteries to serve veterans in the areas of Jacksonville, Fla. and Sarasota County, Fla.; both
areas have veteran populations exceeding 170,000, which is the threshold the VA has established for new national cemeteries.
Surviving spouses of Veterans who died on or after January 1, 2000 do not lose eligibility for burial if they remarry,
however, burial to dependent children is limited to unmarried children under 21 years of age, or 23 if a full time student,
benefits apply to dependent children if they become physically or mentally disabled and incapable of self support BEFORE
age 21 or 23 if a full time student.
Many private cemeteries have Veterans Sections set aside exclusively for
Veterans and their family members. The VA will provide and deliver a headstone or marker anywhere in the world at no
cost to the Veteran of the family. For certain Veterans who passed on, on or after November 1, 1990, the VA may provide
a headstone or marker even if the grave is already marked with a private headstone or marker.
One local private
cemetery in Lakeland honors all of its Military Service members every year, on Memorial Day. Lakeland Funeral Home and
Memorial Gardens.
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For more information on this topic, Memorial Day Events, and
other Veterans issues, go to our website http://www.polkveteranscouncil.org/ The information noted above is for informational purposes
only, if you believe you are eligible for Veterans Benefits, please contact a Veterans Service officer in the Polk County
Veterans Services office, or a Service Officer in one of the Veterans Organizations, or a Veterans Claims Agent (Independent).
All of these Officers/Agents have undergone rigorous testing to meet the standards set forth by the Department of Veterans
Affairs, Office of the General Council as required by title 38 of the United States Code Chapter 59.
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