The Polk County Veterans Council

Veterans Claims Issues

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Veterans and their Homes

Are you a veteran or the surviving spouse and are you in a home which is about to be foreclosed on?

The VA Home Loan program may be able to help you, there are alternatives to foreclosure.

The VA may be able to provide assistance to Veterans with a VA-Guaranteed home loan and/or a veteran with a Non-VA-Guaranteed home loan.

If you need assistance call 1.877.827.3702

Are you a Medically Separated Vet?

http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2211 VA Publishes Final Regulation on Clothing Allowance Eligibility November 16, 2011 VA Publishes Final Regulation on Clothing Allowance Eligibility Expands Criteria for Veterans with Multiple Qualifying Prosthetic and Orthopedic Devices or Skin Condition Medications   WASHINGTON – Secretary of Veterans Affairs Eric K. Shinseki today announced the publication of a final regulation in the Federal Register on clothing allowance that expands the eligibility criteria for Veterans with multiple prosthetic and orthopedic devices or skin conditions caused by prescribed medications. “Veterans whose service-connected disabilities require prosthetic appliances and skin medications deserve financial assistance for the extra clothing they have to purchase,” said Shinseki. “A federal appeals court has ruled that Veterans may be entitled to more than one clothing allowance, and we are adjusting our regulations to make sure Veterans get the benefit of that decision.” The new regulation provides the criteria for more than one annual clothing allowance in situations where distinct garments are affected, and ensures Veterans are adequately compensated for any damage to clothing. Veterans, who because of a service-connected disability, wear or use a prosthetic or orthopedic appliance that tends to wear out or tear clothing, are eligible for payment of an annual clothing allowance. Examples of appliances include an artificial limb, rigid extremity brace, rigid spinal or cervical brace, wheelchair, crutches or other devices prescribed for the Veteran’s service-connected disability. Veterans, who because of a service-connected skin condition use a medication that caused irreparable damage or stains to outer garments, are also eligible for payment of annual clothing allowance. The change makes VA’s clothing allowance regulations consistent with the U.S. Court of Appeals for the Federal Circuit’s holding in the case of Sursely v. Peake. The application period for an annual clothing allowance is August 1 through July 31 of each calendar year. Payment of more than one clothing allowance to qualifying Veterans will occur in calendar year 2012. VA is in the process of revising VA Form 10-8678, Application For Annual Clothing Allowance, to accommodate application for more than one annual clothing allowance. Currently, the single annual clothing allowance is $716. In the meantime, if a Veteran wishes to claim more than one allowance, the Veteran may continue to download and complete the current forms at http://www.va.gov/vaforms/medical/pdf/10-8678-fill%204-08.pdf and http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf, to indicate that he or she desires consideration for more than one annual clothing allowance. Veterans are also encouraged to visit VA’s web portal eBenefits - Compensation for information on the clothing allowance and other VA benefits. Veterans can also contact their nearest VA regional office at 1-800-827-1000 for more information about applying for more than one clothing allowance. # # #

http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2187

Draft Gulf War Task Force Report Is Released

Report Redefines How Care and Services Are Provided

to Gulf War Veterans

WASHINGTON – Today, Secretary of Veterans Affairs Eric K. Shinseki announced that the Department’s Gulf War Veterans’ Illnesses Task Force has completed the draft of a comprehensive report that will outline how the Department of Veterans Affairs (VA) addresses the concerns of Veterans who deployed during the Gulf War in 1990 and 1991.

“This report provides a roadmap for our continued enhancements in our care and services we provide to Gulf War Veterans,” said Shinseki. “We will be applying lessons learned from this report to Veterans of all eras.”

Notification of the draft written report is published in the Federal Register, and the draft written report addresses seven areas where VA provides services for this group of Veterans.

Over the past year, the task force has examined, evaluated, designated and adjusted the initial roadmap outlined in last year’s report. VA has designated steps to improve care and services to Gulf War I Veterans and these improvements are becoming a part of our culture and operations.

This year’s report focuses on improvements in the delivery of health care for Gulf War Veterans. One of the most substantial additions is modifications to clinical care models used for Gulf War Veterans, which is the most critical point of service VA provides. There are better linkages between specialty knowledge and services at the basic point of care. Clinical research and development is significantly contributing new concepts and methods to clinical practice and clinical education throughout VA.

Two new positions were established in the Office of Research and Development for deployment and Desert Shield and Desert Storm health-related issues. Both positions have been filled and are enhancing research efforts for Gulf War Veterans and will continue to do so in the coming years.

VA is also strengthening partnerships and medical surveillance to address the potential health impacts on Veterans from the environmental exposures on today's battlefield. Additionally, VA continues to use social media to improve communication with Gulf War Veterans.

The Chairman of the Gulf War Veterans’ Illnesses Task Force is John R. Gingrich, chief of staff at VA, a retired Army officer who also served in the Gulf War.

“To ensure we are tracking the needs of our Veterans, we want to get feedback from Gulf War Veterans on this draft report,” said Gingrich. “Their feedback is critical to our efforts to understand and serve their specific needs. Therefore, we hope they take advantage of one of the different opportunities to provide feedback that we have created for them.”

As a first step, VA is seeking public comments on the draft written report before final publication. The public notice and instructions for how to submit electronic and comments via postal mail will be posted at www.regulations.gov, and the draft written report will be open for comment for 30 days. In addition, VA recognizes that a great number of Gulf War Veterans use the Internet on a daily basis to share their ideas and concerns, so VA has also created a public discussion board on the seven recommendations at: http://vagulfwartaskforce.uservoice.com/. To view the report without making recommendations, please visit VA’s website at http://www.va.gov/opa/publications/Draft_2011_GWVI-TF_Report.pdf.

http://www.blogs.va.gov/VAntage/4486/ships-added-to-list-for-agent-orange-presumptives/

Last year, VA added ischemic heart disease, hairy cell leukemia and other chronic B-cell leukemias, and Parkinson’s disease to the list of diseases presumed to be related to exposure to Agent Orange in Vietnam. It was a long time coming for Veterans who have been debilitated by diseases they may have contracted as a result of their combat deployment. So far, over $2.2 billion has been paid to 89,000 Vietnam Vets and survivors who have filed claims.

Today, VA is recognizing many Vets who may have been exposed to Agent Orange by contact from operations on and off their Naval and Coast Guard vessels. An updated list of ships that navigated inland waterways, docked on shore, or had crewmembers sent ashore in Vietnam between January 9, 1962, and May 7, 1975 are listed alphabetically here.

If you served aboard any of those ships and have a disease linked to Agent Orange, you should file a claim immediately. You can file online through eBenefits after setting up a premium account. To get that, create a basic account instantly, and then head to your VA regional office. Make sure to bring a government-issued ID, proof of address and your DD-214.

VA recognizes the enormous sacrifices borne by our Vietnam Veterans and I hope everyone eligible take steps to receive what they rightfully deserve.

FOR IMMEDIATE RELEASE

August 30, 2011

VA Launches Open Source Custodian

Open Source Electronic Health Record Agent Begins Operations WASHINGTON – The Department of Veterans Affairs (VA) today announced it has completed an important milestone on its joint path with the Department of Defense (DoD) to create a single electronic health record system for servicemembers and Veterans.  OSEHRA, the Open Source Electronic Health Record Agent, has begun operations and will serve as the central governing body of a new open source Electronic Health Record (EHR) community. "We developed our open source strategy to engage the public and private sectors in the rapid advancement of our EHR software, which is central to the care we deliver to Veterans and servicemembers and to our joint EHR collaboration with the Department of Defense,” said Secretary of Veterans Affairs Eric K. Shinseki. “With the launch of OSEHRA, we begin the implementation of our strategy and we look forward to the creation of a vibrant open source EHR community.” As part of the initiation of OSEHRA operations, VA has contributed its current EHR, known as VistA (Veterans Integrated System Technology Architecture), to seed the effort. OSEHRA will oversee the community of EHR users, developers, and service providers that will deploy, use, and enhance the EHR software.

Individuals and organizations interested in participating in OSEHRA (www.osehra.org) are invited to join through the community website.  Established as an independent non-profit corporation during its initial phase of operation, OSEHRA is putting in place the framework and the tools that will enable the public sector, private industry, and academia to collaborate to advance EHR technology.

- More -
OSEHRA  2/2/2/2 Draft documents describing key framework components, such as the design of its code repository and the definition of its software quality certification process, are available on the OSEHRA community website. Community feedback is welcome as the OSEHRA team finalizes these designs in preparation for launch of full technical operations this fall.

The design of OSEHRA is being led by The Informatics Application Group (tiag) under a contract awarded by VA in June 2011.

Moving to an open source model invites innovation from the public and private sectors. It is an important element of VA’s strategy to ensure that VA clinicians have the best tools possible, and that Veterans receive the best health care possible.

#  #  # 

About OSEHRA

OSEHRA (Open Source Electronic Health Record Agent) governs an open, collaborative community of users, developers, and researchers engaged in advancing electronic health record technology. For more information, visit www.osehra.org.   

PCVC WEBMASTERS NOTE: 

Please remind your sons and daughters to get a hard copy of their Service Medical Records and their Service Records BEFORE they are  discharged from their Military Service.  Records have a tendency to get lost in the most inopportune times.

Environmental Epidemiology: Gulf War Longitudinal Health Study

A new 2011 scientific article, Longitudinal Health Study of US 1991 Gulf War Veterans: Changes in Health Status at 10-Year Follow-Up,* finds that Gulf War Veterans’ health has worsened over time compared to the health of Gulf War-era Veterans who served elsewhere.

Deployed Gulf War Veterans reported not only higher rates in the new onset of disease, but previously reported health problems lasted longer. These Veterans were more likely to experience new onset of arthritis, hypertension and coronary heart disease than their military peers. They also reported higher rates of ongoing unexplained multi-symptom illness, post-traumatic stress disorder, and chronic fatigue syndrome-like illness, along with higher health care utilization, including frequent clinic visits and recurrent hospitalization.

Researchers evaluated health data from 5,469 Gulf War-deployed Veterans and 3,353 Veterans who served elsewhere during the Gulf War. These Veterans participated in a baseline survey in 1995 and a follow-up survey in 2005.

Click here to read more.

The Department of Veterans Affairs proposes a change in the Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities

Click here to read the PDF

http://www.gopetition.com/petition/40998.html

A call for veterans to help veterans. My name is Morris Sapp Jr., I am a Life Member of the DAV. I, as some other veterans, reside abroad. We disabled veterans need your help. There is a proposed amendment for the Department of Veterans Affairs’ (VA) Foreign Medical Program (FMP), 38 U.S.C. 1724, sitting at the Veterans Health Administration (VHA). According to the VA it is “stuck between the VHA and the Office of Management & Budget (OMB).” In the FMP’s current form it only allows for medical treatment of adjudicated service-connected disabilities at medical facilities overseas. The term “Adjudicated” too, denies other service origin disabilities.

This amendment to the FMP is for Disabled Veterans who TRAVEL & RESIDE ABROAD to use local overseas facilities for medical care for both service and non-service-connected disabilities. Can you please sign our petition to the Honorable Senator Daniel Akaka, Chairman of the Senate Veterans Affairs Committee, and the Honorable Congressman Jeff Miller, House Veterans Affair Committee, to create a bill that will take the Proposal to Amend 38 U.S.C 1724 out of the VHA and put it on the legislative agenda. We need signatures of veterans and non-veterans (American citizens, 18 years old and above). You can access this petition through the link below:

http://www.gopetition.com/petition/40998.html

BACKGROUND

Phillip A. Williams, a disabled veteran, received a correspondence dated

01/06/2008 from the VA’s Health Administration Center (HAC), under the auspices of its Director, Ms. Mary Beth Saldin, stating “A legislative proposal to amend 38 U.S.C. 1724 has been drafted to provide all-inclusive medical services to FMP veterans who have been adjudicated by the VA as 100% disabled. This proposal will be submitted for inclusion consideration on the VA’s

2009 Legislative Agenda.”

The latter having not occurred during 2009 I wrote Secretary Eric Shinseki a couple of times, receiving no response from him or his office. I even wrote the VHA and OMB and received no response.  Finally I received a response, dated 11/05/2009, from Mary Beth Saldin, the Director of HAC on the part of the Secretary and was told, “At this time the legislative proposal to allow 100% P&T Veterans who reside and travel abroad health care coverage for both service-connected and non service-connected condition has not advanced as part of the VA legislative agenda. Moreover the legislative process involves an extensive amount of coordination within the VHA and OMB to address the priorities and assesses the need of each proposal.”

To date, late 2010, this issue has not been corrected. And, why the OMB?

This amendment will not cost the government any additional funds or give us any additional benefits. We would only be using the funds, which are allocated for our treatment, in the VA’s Annual Budget, and this would likely save the VA some money.  We would use local overseas medical facilities that are cheaper.

We disabled veterans need help. We need our medical coverage. We are talking medical here.

Postmaster's Notes:  As a Veterans Claims Agent I agree that the Foreign Medical Program (FMP) does discriminate against Veterans who not only reside abroad but also those who travel abroad.  Please keep in mind, travel abroad does not just apply to lands far away, Canada and Mexico are also considered abroad, so just going to Quebec, Canada or Cancun, Mexico is travel abroad and veterans who are rated 50% or above can only have their adjudicated service connected disabilities covered.  For example, let's say you are a Veteran rated 60% for COPD (Chronic Obstructive Pulmonary Disorder), you are entitled to all of your health-care SC and NSC to be covered by the VA, mainly because you will not be covered by a private medical insurance company, and let's say you went on a cruise to Cancun Mexico, you are now on a foreign soil and the FMP applies.  While on your tour in Cancun Mexico you walk around town shopping and all of the sudden you have an episode of difficulty breathing, while trying to breath you have an episode of syncope (Fainting), you slip and break you arm, because the breakage is not an adjudicated Service Connected Disability, the VA WILL NOT assist you in payment of your medical bill even though your syncope episode was caused by the COPD SC Disability.

Because Syncope was not an adjudicated SC Disability, you are on your own, but if this happened in the USA it would be covered.

This type of petition is not normally placed on the PCVC website, but because this is an issue which does affect thousands of veterans, both here and abroad, the PCVC Postmaster has determined it does have valid Veterans Claims issues and warrants posting.

Proposed Department of Veterans Affairs Rule Change - (Request to Employer for Employment Information in Connection With Claim for Disability Benefits)

The Department of Veterans Affairs wants to extend a program where they can ask your employer about your VA disability.

This program may cause an unwanted intrusion into your privacy as many Veterans do not tell their employers about their VA Disability.

Click on the PDF to read the VA notice in the Federal Register.

This is TIME SENSITIVE - Please let the VA know your thought No Later Than September 30, 2010

E-mail denise.mclamb@va.gov and place OMB Control No. 2900-0066 in the subject line.

Please understand it is not Ms. McLamb who makes the decision so be cordial in your e-mail.

100K eligible troops could miss stop-loss pay

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

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

New Scholarship for the Children of Fallen Service Members

First USERRA case to go before Supreme Court

Bill would cut on-the-job training pay for vets

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 Affairs

Notice

Meetings:

Research Advisory Committee on Gulf War Veterans' Illnesses

DEPARTMENT 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.

Department of Veterans Affairs Notice

Meetings:  Health Services Research and Development Service Merit Review Board

DEPARTMENT 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

2010 VA Copayments Fact Sheet 16-1

Click here for PDF version

Right click to view ion larger format

Right click to print

Department of Veterans Affairs Rule

Copayments 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 Affairs

Proposed Rule

State 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 Affairs

Proposed Rule

Specially 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...

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http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1821

SOCIAL SECURITY

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?

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 Chemicals

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.

http://www.gibill.va.gov/

Starting May 1, 2009, the Department of Veterans Affairs will begin accepting applications for the Post-9/11 GI Bill.  The application form is available online. 

The form requires that individuals currently eligible for another education benefit make an irrevocable election from their existing program to the Post-9/11 GI Bill. Typically individuals who are eligible for more than one benefit may use a combined total of 48 months of entitlement.  Therefore, for those individuals eligible for the Montgomery GI Bill (MGIB) program, please be advised that if you have entitlement remaining under the MGIB, the number of months of Post-9/11 GI Bill entitlement you will be eligible for will be equal to the number of months remaining under MGIB.  However, if you exhaust all of your MGIB entitlement, then you may be entitled to a maximum of 12 additional months of entitlement under the Post-9/11 GI Bill.

Starting May 1, 2009 VA will begin processing applications for Post-9/11 GI Bill benefits and  you will receive a letter explaining VA’s decision regarding your eligibility for the program.  Payments for the Post-9/11 GI Bill will not be processed until August 1, 2009.

Click here to access the application form which includes instructions for submitting completed applications.

Click here to view a guide from the National PTSD Center

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:

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.

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.

Changes to the Priority Group 8 Enrollment Restriction

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.

Denied Enrollment On or After January 1, 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.

Denied Enrollment Before January 1, 2009

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.

Determine if You May Be Eligible

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

From the IAVA (Iraq & Afghanistan Veterans of America)  

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.”

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

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 Comp and Pen rate page

Rumsfeld nemesis Shinseki to be named VA secretary

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

FOR IMMEDIATE RELEASE        

Enhanced VA Mortgage Options Now Available for Veterans

Of Potential Benefit to Those in Financial Distress

WASHINGTON (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.

#   #   #

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 21^st 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

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