Editor Note:  I have ceased using the email addee raoemo@mozcom.com because spam messages at this addee have reached 150 daily. My email addee raoemo@sbcglobal.net will be the primary addee I will be monitoring after 15 SEP. I am activating raoemo1@mozcom.net as a backup in the event communications via the primary addee should become disrupted.

Editor's Note 2: I have returned to the United States and can be reached at (951) 238-1246 until further notice. 
My address is 3559 Landrew Rd., Perris CA 92571 Cell Phone: 760-532-1723

Tricare One Year Limit Update 01: Tricare officials remind overseas providers and beneficiaries that they have limited time left to file claims that have not already been processed. Tricare Management Activity (TMA) has extended a "timely filing waiver" through 31 DEC 08 for Tricare Overseas claims. The extension accommodates providers, beneficiaries and others living overseas who have not filed claims within one year of the "date of service." One year is the limit normally allowed by Tricare policy. However, according to Tricare officials, late filing overseas sometimes occurs due to local statutes, which often give healthcare professionals up to three years to file claims for reimbursement. The filing extension through 31 DEC 08 allows extra time for Tricare area offices overseas to educate providers, beneficiaries and others about Tricare's claims filing policies. To be eligible for this limited timely filing waiver, overseas Tricare service centers, military treatment facilities, remote points of contact, providers and beneficiaries who have outstanding healthcare bills with dates of service before 31 DEC 07 must submit their claims no later than 31 DEC 08 to Wisconsin Physicians Service (WPS), the overseas claims processor for Tricare. Beneficiaries can file claims by mailing a completed DD Form 2642 with a copy of the itemized bill and receipts to the appropriate WPS address found on the contact page at http://tricare4u.com If WPS initially denies a claim filed more than a year from the date of service, the filer can then request the limited timely filing waiver. However, after the 31 DECF 08 deadline, new claims will be denied if not filed within one-year from the date of service. Contact a local overseas Tricare area office for assistance or WPS overseas at 1-608-301-2310. Area office contact information is available at the beneficiary portal at http://www.tricare.mil

[Source: Tricare News release 08-117 dtd 28 Nov 08 ++]

Certificate of Creditable Coverage Update 02: A Certificate Of Creditable Coverage (CoCC) is usually required when changing from one health insurance plan to another and serves as evidence of prior health care coverage to reduce how much or how long a health care plan can exclude a person from coverage for a pre-existing health condition. The certificate shows the new insurance carrier that a beneficiary had Tricare coverage for the period noted on the certificate. Certificates identify the name of the sponsor and/or family member for whom it is issued, the dates Tricare coverage began and ended, and the certificate issue date. Those issued upon request of a beneficiary will reflect each period of continuous coverage under Tricare that ended within 24 months prior to the date of loss of eligibility. The Defense Manpower Data Center Support Office (DSO), as the custodian of the defense enrollment eligibility reporting system, is the issuing authority. They issue a certificate to sponsors and family members upon loss of eligibility, including active duty members who separate from service. An active duty member who retires does not lose eligibility and is not automatically issued a CoCC. However, when retired member needs a certificate to present to a new employer for health plan coverage, he/she should request one in writing. Examples of when certificates may be issued include:

 * Upon separation of the sponsor from active duty, a certificate will be issued to the sponsor listing all eligible family members.
 * Upon the loss of eligibility for a dependent child (age 21, or 23 if a full-time student), a certificate will be issued to dependent child.
 * Upon loss of coverage after divorce, a certificate will be issued to the former spouse.

     By law, if an individual incurs a 63-day break in coverage, all previous creditable coverage before the break is disregarded (meaning the beneficiary does not show as Tricare eligible during that 63-day period) which may reduce any future pre-existing condition exclusion period. Guard/reserve members on active duty orders for 30 days or less are not issued CoCC's because they are not Tricare eligible and that time is not considered when calculating the length of coverage. Eligible retirees or those who may have lost their certificate may submit a written request for a CoCC, which will be mailed to the sponsor or family member without charge. Certificates cannot be requested by phone from the DSO. Written requests for a CoCC must include the sponsor's name and social security number, name of person for whom the certificate is requested, reason for the request, name and address to whom and where the certificate should be sent, and signature of the requester. The mailing address for a CoCC request is: Defense Manpower Data Center Support Office (DSO), Attn: Certificate Of Creditable Coverage, 400 Gigling Road, Seaside, Ca 93955-6771. If there is an urgent need for a CoCC, a beneficiary can fax his/her request to the DSO at (831) 655-8317 or request (via mail or fax) that the DSO fax it to a particular number. Note: Tricare does not exclude preexisting conditions, so there is no need for a CoCC from a previous plan when a beneficiary becomes Tricare eligible.

     Content of CoCCs for members of the guard and reserve called to several periods of active duty depends on how long the member was mobilized, whether he/she was eligible for transitional assistance management program benefits, and whether the member had a break in health care coverage of 63 days or more. Some possible scenarios for issuance are:

 * Member mobilized for 45 days, but not eligible for TAMP (such as RC members called to active duty for special work or a similar non-contingency period of active duty). The certificate issued covers the initial 45-day period. Thirty days later, the member is mobilized for 60 days (again not eligible for TAMP), and the break in coverage is less than 63 days. The second certificate will cover the 60-day period. The member may then present these collective certificates to a health plan and receive credit for the total coverage time.

 * A guard/reserve member is mobilized for 45 days but eligible for 180 days of TAMP coverage. The certificate is issued at the end of the 225-day period, indicating continuous coverage for 225 days.

 * A guard/reserve member was covered for 18 months, which is followed by a break in coverage of 63 days or more. The 18-month period that occurred prior to the 63-day break in coverage will not be credited on the certificate of creditable coverage. By law, if an individual incurs a 63-day break in coverage, all previous creditable coverage prior to the break are disregarded (meaning you were not Tricare eligible during this period) and reduces any future preexisting condition exclusion period. Also, since rc members on active duty orders for 30 days or less are excluded, these periods of active duty service will not be considered when calculating your length of coverage.

     For questions regarding the Certificate Of Creditable Coverage, sponsors and family members may contact the DSO at (800) 538-9552. For TTY/TDD, dial (866) 363-2883. Questions also may be sent via e-mail to the Tricare Management Activity HIPAA program office at hipaamail@tma.osd.mil Additional CoCC information is available on the Tricare web site at http://www.tricare.mil/hipaa/downloads/cocc.pdf

[Source: CoCC Fact Sheet http://www.tricare.mil/Factsheets/print.cfm?id=247 17 Nov 08 ++]

Camp Lejeune Toxic Exposure Update 02: The Marine Corps is searching for at least 500,000 people who have visited Camp Lejeune, NC, and could be at risk for health problems due to the drinking water on base. Chemicals from a building used to wash clothes for dry cleaning and de-greasing were found in the water system. More than 80,000 people have registered, which is only a fraction of the veterans and visitors who could be affected. Those who have visited or lived on the base between 1957 and 1987 should register by visiting the Marine Corps' Camp Lejeune Water Study website https://clnr.hqi.usmc.mil/clsurvey/ or by calling (877) 261-9782. [Source: NAUS Weekly Update 26 Nov 08 ++]

CRDP/CRSC Option Update 02: If you are a military retiree and eligible for both CRDP and CRSC, you may elect to change which compensation you receive during the CRDP/CRSC Open Season. This annual Open Season election period is Jan. 1 thru 31 JAN 09, and allows the retiree to choose which payment is preferred. You may receive one or the other but not both. In late DEC 08, eligible retirees will be mailed a CRDP/CRSC Open Season Election Form. The retiree needs to return the form only if making a change from CRDP to CRSC or vice versa. If the retiree prefers to keep things the way they are, do nothing. The payments the retiree now receives will continue uninterrupted. To help the retiree make a more informed decision, the form will include a comparison of the CRSC and CRDP entitlement amounts as well as information about the collection actions and taxes to which each type of payment is subject. If the retiree wants to change from CRDP to CRSC or vice versa, the form must be postmarked by 31 JAN 09. If the form is dated after this date, it will not be processed and the crrent payments will continue uninterrupted. The change in the payment will be effective with the first business day of FEB 09. Due to a 30-day processing timeframe, the retiree may not receive their first payment until the first business day of MAR 09, including a retroactive adjustment for the payment that would have been paid on the first business day of February. [Source: NAUS Weekly Update for 26 Nov 08 ++]

Mobilized Reserve 25 NOV 08: The Army, Air Force and Marine Corps announced the current number of reservists on active duty as of 25 NOV 08 in support of the partial mobilization. The net collective result is 349 more reservists mobilized than last reported in the Bulletin for 15 NOV 08. At any given time, services may mobilize some units and individuals while demobilizing others, making it possible for these figures to either increase or decrease. The total number currently on active duty in support of the partial mobilization of the Army National Guard and Army Reserve is 96,345; Navy Reserve, 5,803; Air National Guard and Air Force Reserve, 10,741; Marine Corps Reserve, 6,859; and the Coast Guard Reserve, 858. This brings the total National Guard and Reserve personnel who have been mobilized to 120,606 including both units and individual augmentees. A cumulative roster of all National Guard and Reserve personnel, who are currently mobilized, can be found at http://www.defenselink.mil/news/Nov2008/d20081125ngr.pdf
[Source: DoD News Release 984-08 26 NOV 08 ++]

VA Lawsuit (Randen Harvey): The U.S. Department of Veterans Affairs is being blamed for the suicide of a 24-year-old Michigan man who served with the Marines in Iraq. A lawsuit filed 25 NOV accuses government doctors of failing to keep Randen Harvey in a hospital or commit him to a mental-health facility in 2006. Harvey died of a drug overdose at his father's home in Farmington Hills in JUN 06. The lawsuit says he suffered from post-traumatic stress disorder after two tours in Iraq. The lawsuit says Harvey was found on the roof of the VA Medical Center in Ann Arbor, three days before his death. He was discharged and told to wait for substance-abuse treatment. The lawsuit in federal court in Detroit seeks $600,000. A message seeking comment was left with the VA. The VA made a financial offer before the lawsuit was filed "but it was too low," lawyer Thomas Campbell said.
[Source: MarineCorpsTimes AP article 25 Nov 08 ++]

Medicare Enrollment w/Disability Update 01: In NOV 08 over 75 health advocacy organizations launched the Coalition to End the Two-Year Wait for Medicare, sending a letter to health leaders in the House and Senate demanding that next year's health reform efforts make a priority of covering people with disabilities who are struggling to survive as they wait for Medicare coverage. Close to 1.5 million people are stuck in this waiting period annually. "Nearly 40% of these individuals are without health insurance coverage at some point during their wait for Medicare; 24% have no health insurance during this entire period. Many cannot afford to pay COBRA premiums to maintain coverage from their former employer, and private coverage on the individual market is unavailable or too expensive for this high-cost population. The economic downturn makes it difficult for states to extend Medicaid coverage beyond the most impoverished people with disabilities," the coalition letter reads. "No one with disabilities severe enough to qualify for SSDI should be without health insurance." The coalition includes organizations such as the American Cancer Society - Cancer Action Network, Amputee Coalition of America, Alzheimer's Association, Easter Seals and the Medicare Rights Center. In 1972, when Congress expanded Medicare to include people with disabilities, it created a "waiting period" that requires people to wait 24 months from when they begin receiving their Social Security Disability Insurance (SSDI) payments before they can receive health care through Medicare. Costs for the elimination of the waiting period are estimated to be around $9 billion annually. These costs would be offset by about $4 billion in Medicaid savings. In the 110th congress Senate bill S.2102 sponsored by Senator Jeff Bingaman (D-NM), wioth 23 sponsor (including President-elect Barack Obama) and House bill H.R. 154 sponsored by Representative Gene Green (D-TX) with 103 cosponsors. This legislation would eliminate the waiting period through a ten-year phase out.

[Source: Medicare Watch 25 Nov 08 ++]

Locating Veterans Update 01: The military keeps track of folks who are currently receiving military pay. That means they know the location of individuals who are currently on active duty, in the National Guard and Reserves, and those who are retired from the military. If you're looking for someone who spent a few years in the military, and then separated, the military is not going to know where they are. Even if the people you are looking for are currently on active duty, in the Guard or Reserves, or are retired, whether or not the military will release information they do have on file is dependent upon the circumstances. For example, the military generally does not release information about individuals who are deployed. Following are some guidelines on where you can look:

Base Locators: If the person you're trying to find is currently on active duty, and you know their rank, name, and where they are stationed, finding them is pretty easy. Every military base has a "base locator." You can usually locate the military member you're looking for with a simple phone call. To contact the base locator, call long distance information, and ask them to connect you to the base operator for the military base where the member is stationed. When the base operator comes on the line, ask to be connected to the base locator. The base locator can give you the duty phone number and duty address of any active duty person stationed on that base. Unless the individual has asked to keep the information private, the locator can also give you their home phone number and home address.

World-Wide Locators: If you don't know where the member is stationed, you'll need to contact the specific service's world-wide locator service. Each military branch has their own.

 * Air Force. The Air Force World-Wide Locator is based at the Air Force Personnel Headquarters in Texas. It handles requests for Air Force active duty, Air Force reserves, the Air National Guard, and retired Air Force members. There are two types of requests: official requests and unofficial requests. Official requests are defined as requests received from any government agency and the Department of Defense. All other requests are considered unofficial. All unofficial requests must be made in writing. In order for the Air Force to properly locate the correct individual, your request must contain as much of the following information as possible: Full name to include a middle initial; Rank; Social Security number; Date of birth; Any known assignment information (places/dates). A fee of $3.50, per individual request, is required for all unofficial requests. The fee must be paid by check or money order made out to "DAO-DE RAFB." Requestors who are on active duty, National Guard, Reserves, or military retired are exempt from paying the fee. Your written request needs to include your name, address, and phone number. Put your written request in an unsealed envelope with a return address, proper postage affixed and the individual's (the person you're looking for) name in the addressee portion of the envelope. Place this envelope in a larger envelope with your check or money and mail to the locator address at: HQ AFPC/DPDXIDL, 550 C St West Ste 50, Randolph AFB, TX 78150-4752. Your request constitutes permission for the Air Force to release your name, phone number, and address to the military member.

 * Army. Due to security reasons, the Army has closed their World-Wide Locator Service to the general public. To access the Army locator, you now need an Army Knowledge Online account (that means you need to be a member of the Army, Army National Guard, Army Reserves, Army Retired member, or an Army Dependent). Other requests to locate active duty Army members are handled on a case-by-case basis. Send your written requests to: Commander, U.S. Army Enlisted Records & Evaluation Center, ATTN: Locator, 8899 East 56th Street, Fort Benjamin Harrison, IN 46249-5301 Tel:1-866-771-6357.

 * Navy. The Navy World Wide Locator helps locate individuals on active duty and those who have been recently discharged (within one year). The Navy also has a current address for retired Navy service members. Retiree addresses and addresses for those who have recently separated, however, are protected under the provisions of the Privacy Act and cannot be released. In these cases, however, the locator can forward mail. Give as much identifying information as possible about the person you wish to locate such as full name, rank (rate), last duty assignment/last known military address, service number, and Social Security number. You can call the locator service at 1-866-827-5672 or 1-901-874-3388, DSN 882-3388. Unless you are calling on official business or a family member or active duty member, the fee for researching an address is $3.50 per address made payable by check or money order to the U.S. TREASURER. Fees are retained in cases resulting in an unsuccessful search. Mail your correspondence with your fee to: Navy World Wide Locator, Navy Personnel Command, PERS 312E2, 5720 Integrity Drive Millington, TN 38055-3120.

 * Marine Corps. The Marine Corps can provide the duty station for active duty personnel and reservists. For retired individuals, the locator service can provide the city and state, but not an address. The service will provide the service member's current rank and unit address; however, due to the locator's staffing, the office cannot forward mail except in special cases. Telephonic requests to 1-703-640-3942/3943 are no charge to immediate family members and government officials calling on official business. In addition, telephonic service will be provided at no cost to any individual, business or organization, if the Marine locator decides the information would benefit the individual. Other requests cost $3.50, made payable by check or money order to the U.S. TREASURER. Send written locator requests to: Commandant of the Marine Corps, Headquarters, USMC Code MMSB-10, Quantico, VA 22134-5030.

 * Coast Guard. The Coast Guard World Wide Locator has duty stations for active duty personnel. They do not maintain listings for CG reserve or retired personnel. To locate an active duty Coast Guard member, you can send an email to:
ARL-PF-CGPCCGlocator@uscg.mil You can also write to: Coast Guard Personnel Command (CGPC-adm-3), 2100 Second St, SW.,Washington, DC 20593-0001 Tel: (202) 267-0581

 * Other: Military members are people, just like any other folks. They can often be found by employing methods you would use to try and locate anyone. For example, a private detective agency may be able to assist. They usually have access to resources and databases which can search driver's license records, utility records, mortgage and deed documents, etc. There are web sites that allow former military members and former military members to enter their contact information, so that it is available to people who wish to find them. The disadvantage is that the member will not be listed there, unless he/she specifically requested that their information be listed. Some of these web sites are:

 * http://www.militarylocator.com You have to join this site to use their locator.

 * http://www.militaryconnections.com Database with over 450,000 names.

 * http://www.gisearch.com Database with information from many current and former military members.

 * http://www.usaf-locator.com More than 32,000 email addresses of current and former Air Force members.

 * http://www.classmates.com Classmates.com has a special section for current and former military members.

You have to join in order to use their services.

[Source: About.com U.S. Military Rod Powers article Nov 08 ++]

Sam's Club Military Open House: Sam's Club announced it will host open houses for military personnel, including retired and active service members and their families, nationwide, to make their holiday brighter. Military personnel can shop and save on their holiday meals and gifts at Sam's Club without a membership. The company will also waive its 10% non-member service fee. The military open houses will be held Monday, 1 DEC and Monday, 15 DEC in 598 Sam's Club locations in the U.S., during regular club hours. For more information refer to samsclub.com. [Source: mrgrg-ms-talk 26 Nov 08 ++]

DOD Disability Eval System Update 12: Defense Secretary Robert Gates has issued a policy stating that the military will follow a new law requiring that service members being medically retired for post-traumatic stress disorder be rated at least 50% disabled, a provision of the 2008 Defense Authorization Act. But the Pentagon is ignoring another provision of the Act that requires a review board to be set up for medical evaluation cases, and has even added some pain to service members who feel they have been wronged: Decisions by the board, whenever it is formed, will not be retroactive. The Physical Disability Board of Review was mandated by Congress to check the fairness and accuracy of troops' disability cases. The Defense Department decided that the board will review only conditions found unfitting - which advocates for service members say leaves out any diagnosis that should have been included but wasn't. They say it also excludes cases in which lower-rated conditions were found unfitting while higher-rated conditions were found fitting...allowing the military to spend less money on medical separation cases. Now a new memo states that decisions of the board, which was supposed to be set up in April, will not be retroactive. The memo, posted on the Military Health System Web site, states: "Any change to the rating is effective on the date of final decision by the service secretary."
In other words, service members will not receive back pay for incorrect ratings.

     Retired Army Lt. Col. Mike Parker, who has worked as an advocate for troops going through the medical retirement system, said the situation is maddening because the longer the Defense Department takes to set up the new board, the less back pay it will have to hand out. Parker said the new memo on PTSD ratings is better news. According to the 2008 Defense Authorization Act, all the services are required to follow the rules of the Veterans Affairs Schedule for Rating Disabilities. According to those rules, anyone being medically discharged with a diagnosis of PTSD must receive a disability rating of 50% and then be re-examined six months later. In the past, according to Army documents, many soldiers with PTSD have been found unfit for service, rated 10% disabled and immediately booted out. Not long ago, rumors were rampant that defense officials soon would issue guidance stating that this was, in fact, how those cases should be handled. But after the threat of a lawsuit and calls from veterans' groups for the Pentagon to obey the letter of the law, a 14 OCT policy was incorporated into Defense Department Instruction 1332.38, stating that the military will abide by the VASRD rules. The rules state: "When a mental disorder that develops on active duty as a result of a highly stressful event is severe enough to bring about release from active military service, the rating agency shall assign an evaluation of not less than 50% and schedule an examination within the six-month period following discharge to determine whether a change in rating and disposition is warranted." The only exceptions will be those found to have a permanent and stable condition and a rating of 80% or higher, who will be permanently retired.

     The memo, signed by David Chu, undersecretary of defense for personnel and readiness and effective immediately, also states that troops in the Disability Evaluation System may request an impartial physician or other health care professional not involved in his or her case to review the medical evidence for a Medical Evaluation Board. That was also mandated by Congress in the 2008 Defense Authorization Act. The memo states: "In most cases, this impartial health professional should be the service member's primary care manager," and adds that the adviser has five days to review the evidence. The new guidance also:

 * Lays out time limits for how long each task should take to perform. For example, the entire process, from the date of the first medical summary for the Medical Evaluation Board to the final review board, excluding appeals review, "should not exceed" 70 days for active-duty members and 130 days for reserve-component members. Each appeal should take no longer than 30 days from the day the final Formal Physical Evaluation Board is completed.

 * Asks the services to create a new Medical Evaluation Board or Physical Evaluation Board to process cases if they encounter backlogs.

 * States that Physical Evaluation Board legal counselors will consult with the service members they counsel "at least one day in advance of the scheduled formal hearing." Troops have complained that their counseling came just hours before their hearings, and often took place by phone.

[Source: NavyTimes Kelly Kennedy article 22 Nov 08 ++]

DOD Disability Eval System Update 13: Marine Cpl. James Dixon was wounded twice in Iraq -- by a roadside bomb and a land mine. He suffered a traumatic brain injury, a concussion, a dislocated hip and hearing loss. He was diagnosed with post-traumatic stress disorder. Army Sgt. Lori Meshell shattered a hip and crushed her back and knees while diving for cover during a mortar attack in Iraq. She has undergone a hip replacement and knee reconstruction and needs at least three more surgeries. In each case, the Pentagon ruled that their disabilities were not combat-related. In a little-noticed regulation change in MAR 08, the military's definition of combat-related disabilities was narrowed, costing some injured veterans thousands of dollars in lost benefits -- and triggering outrage from veterans' advocacy groups. The Pentagon said the change was consistent with Congress' intent when it passed a "wounded warrior" law in January. Narrowing the combat-related definition was necessary to preserve the "special distinction for those who incur disabilities while participating in the risk of combat, in contrast with those injured otherwise," William J. Carr, deputy undersecretary of Defense, wrote in a letter to the 1.3-million-member Disabled American Veterans. The group, which has called the policy revision a "shocking level of disrespect for those who stood in harm's way," is lobbying to have the change rescinded.

     Sen. Carl Levin (D-MI), chairman of the Armed Services Committee, said the Pentagon's "more conservative definition" limited benefits for some veterans. "That was not our intent," Levin said in a statement. He added: "When the disability is the same, the impact on the service member should be the same no matter whether the disability was incurred while training for combat at Ft. Hood or participating in actual combat in Iraq or Afghanistan." Pentagon officials argue that benefits should be greater for veterans wounded in combat than for "members with disabilities incurred in other situations (e.g., simulation of war, instrumentality of war, or participation in hazardous duties, not related to combat)," Carr wrote. But veterans like Dixon and Meshell said their disabilities were a direct result of wounds suffered in combat. Dixon said he was denied at least $16,000 in benefits before he fought the Pentagon and won a reversal of his noncombat-related designation. "I was blown up twice in Iraq, and my injuries weren't combat-related?" Dixon said. "It's the most imbecile thing I've ever seen." Meshell, who is appealing her status, estimates she is losing at least $1,200 a month in benefits. Despite being injured in a combat zone during an enemy mortar attack, she said, her wounds would be considered combat-related only if she had been struck by shrapnel. Meshell said the military had suggested that at least some of her disability was caused by preexisting joint deterioration. "Before I went over there, I was fine -- I was perfectly healthy," Meshell said. "This whole thing is causing me a lot of heartache."

     Kerry Baker, associate legislative director of DAV, has accused the Pentagon of narrowing the definition of combat-related disabilities to save money. He said the change would reduce payments for tens of thousands of veterans -- those already wounded and those injured in the future. "This is going to hurt a lot of people," Baker said. "It's one of those things that when you first look at it, you think: 'Wow. How can this be?' In a letter to members of Congress, the Disabled American Veterans accused the Pentagon of "mutilating" the statutory definitions of combat-related disabilities as part of a "deliberate manipulation of the law." The January legislation was aimed at allowing troops wounded in combat and combat-related operations to collect disability severance from the military and disability compensation from the Department of Veterans Affairs. Disability severance is based on past service. Disability compensation is based on future loss of earning potential. Previously, veterans with combat-related disabilities received reduced monthly VA compensation until their severance money was recouped. That is still the case for those whose injuries are not deemed combat-related. Years ago, Congress adopted a detailed definition of combat-related disabilities. It included such criteria as hazardous service, conditions simulating war and disability caused by an "instrumentality of war." Those criteria were not altered in the January legislation. The Pentagon, in establishing an internal policy based on the legislation, in March unlawfully stripped those criteria from the legislation, the Disabled American Veterans said. "We do not view this as an oversight," Baker testified before Congress in June. "We view this as an intentional effort to conserve monetary resources at the expense of disabled veterans."

     The Pentagon changes focused on "tip of the spear" fighters, or those "in the line of duty in a combat zone," said Eileen Lainez, a Pentagon spokeswoman. They comprise "a very special, yet limited, subset of those who matriculate through the Disability Evaluation System," Lainez wrote in an e-mail response to a request for comment. In many cases, veterans say, they are not told why their disabilities are not considered combat-related. Dixon said he did not realize he had been put in a noncombat-related category until he began questioning his disability payments. It took more than six months of phone calls, letters and appeals -- plus help from the Disabled American Veterans and a member of Congress -- to overturn his designation. Navigating the Pentagon's bureaucracy was made more difficult because Dixon's brain injury resulted in short-term memory loss. He had to write everything down in notebooks and calendars. "It was a nightmare," Dixon said. "Most veterans don't know how the system works, or how to fight it. They don't realize all the obstacles they put in your way to keep you from getting what you deserve." Meshell said the military disability system was so complex that few veterans were equipped to navigate it. "I'm a college graduate. I'm not a dumb person. But honestly, I can't begin to explain some of this stuff," she said. After five years of active duty, a combat tour in Iraq and 12 years in the National Guard and Reserves, she thinks she deserves the full disability benefits authorized by Congress for veterans injured in combat. "I earned them," she said. "I went to Iraq. I was in combat. I got injured."

[Source: Los Angeles Times David Zucchino article 25 Nov 08 ++]

VA Secretary Update 07: An Army Reserve colonel and Iraq war veteran could become the next secretary of Veterans' Affairs. Anthony Brown, Maryland's lieutenant governor, is getting attention because he is on President-elect Barack Obama's transition team as co-chair of the group studying priorities for the Veterans Affairs Department - and because, like Obama, he is a Harvard Law School graduate. Brown had been a member of Veterans for Clinton, a group that supported Sen. Hillary Rodham Clinton (D-NY) for the Democratic presidential nomination.That he was named to the transition team appears to show that early support for an Obama rival has not worked against him. Brown also helped draft the 2008 Democratic Party national platform last summer. Brown's name, hotly circulating 21 NOV among people advising the Obama transition, comes after speculation had centered on two other people to take over the VA, both disabled veterans.

 * Former Sen. Max Cleland, a 67-year-old Vietnam veteran who lost both legs and an arm in that conflict, served as head of the then-Veterans Administration during the Carter administration and campaigned hard for Obama in the recent election campaign.

 * Tammy Duckworth, a 41-year-old Iraq war veteran who lost both legs when her helicopter was hit by a rocket-propelled grenade, has served as the head of the Illinois Department of Veterans Affairs since she lost a 2006 race for Congress. Duckworth, a major in the Illinois National Guard, has been mentioned as a possible successor to Obama's U.S. Senate seat, which he resigned after being elected president.

     Obama aides did not respond to questions about the VA nomination. Although there has been speculation about several Cabinet posts, no formal announcements have been made about nominees. Brown was commissioned in the Army in 1984 and spent five years on active duty as a helicopter pilot with the 4th Combat Aviation Brigade, 3rd Infantry Division. He entered law school after leaving active duty. After getting his law degree, he spent two years as a clerk for the U.S. Court of Military Appeals. Brown deployed to Iraq in 2004 as part of the 353rd Civil Affairs Command, and since 2007 has commanded the Army Reserve's Pennsylvania-based 153rd Legal Support Organization. He served as a Maryland state delegate from 1999 until his election as the state's lieutenant governor in 2006. Since then, he has worked on a variety of military and veterans projects, serving as chairman of the Maryland Veterans Behavioral Health Advisory Board that oversees efforts to provide and improve direct mental health services to returning veterans and working to expand services for veterans in rural areas."We will provide the services when they are not available to veterans," Brown said in an interview with Military Times earlier this year about Maryland's initiatives for returning veterans. When Brown and Gov. Martin O'Malley looked at what they could do for returning veterans, Brown said, "The glaring area is in mental health, . the inability of VA to care for veterans." To those who contend that this is a federal responsibility, Brown said that when he looks at someone, he doesn't see a federal worker or civilian worker, but a Maryland resident. "When they come home and take off the uniform, they are our neighbors," he said.

[Source: ArmyTimes Rick Maze article 23 nov 08 ++]

Unapproved Prescription Drugs: An Associated Press analysis of federal data has found taxpayers have shelled out at least $200 million since 2004 for medications that have never been reviewed by the government for safety and effectiveness but are still covered under Medicaid. Millions of private patients are taking such drugs, as well. The availability of unapproved prescription drugs to the public may create a dangerous false sense of security. Dozens of deaths have been linked to them. The medications date back decades, before the Food and Drug Administration tightened its review of drugs in the early 1960s. The FDA says it is trying to squeeze them from the market, but conflicting federal laws allow the Medicaid health program for low-income people to pay for them. The AP analysis found that Medicaid paid nearly $198 million from 2004 to 2007 for more than 100 unapproved drugs, mostly for common conditions such as colds and pain. Data for 2008 were not available but unapproved drugs still are being sold. The AP checked the medications against FDA databases, using agency guidelines to determine if they were unapproved. The FDA says there may be thousands of such drugs on the market. Medicaid officials acknowledge the problem, but say they need help from Congress to fix it. The FDA and Medicaid are part of the Health and Human Services Department, but the FDA has yet to compile a master list of unapproved drugs, and Medicaid - which may be the biggest purchaser - keeps paying.

     At a time when families, businesses and government are struggling with health care costs and 46 million people are uninsured, payments for questionable medications amount to an unplugged leak in the system. Sen. Charles Grassley (R-IA) has asked the HHS inspector general to investigate. That unapproved prescription drugs can be sold in the United States surprises even doctors and pharmacists. But the FDA estimates they account for 2% of all prescriptions filled by U.S. pharmacies, about 72 million scripts a year. Private insurance plans also cover them. The roots of the problem go back in time, tangled in layers of legalese. It wasn't until 1962 that Congress ordered the FDA to review all new medications for effectiveness. Thousands of drugs already on the market were also supposed to be evaluated. But some manufacturers claimed their medications were "grandfathered" under earlier laws, and even under the 1962 bill. Then, in the early 1980s, a safety scandal erupted over one of those medications. E-Ferol, a high potency vitamin E injection, was linked to serious reactions in some 100 premature babies, 40 of whom died. In response, the FDA started a program to weed out drugs it had never reviewed scientifically. Yet some medications continued to escape scrutiny. Sometimes, the medications do not help patients. In other cases, the FDA says, they have made people sicker, maybe even killed them. This year, for example, the FDA banned injectable versions of a gout drug called colchicine after receiving reports of 23 deaths. Investigators found the unapproved drug had a very narrow margin of safety, and patients easily could receive a toxic dose leading to complications such as organ failure.

     Critics say the FDA's case-by-case enforcement approach is not working. In most cases, doctors, pharmacists and patients are not aware the drugs are unapproved. Tackling the problem is made harder by confusing - and sometimes conflicting - laws, regulations and responsibilities that pertain to different government agencies. Medicaid officials said their program, which serves the poor and disabled, is allowed to pay for unapproved drugs until the FDA orders a specific medication off the market. But that can take years. Compare that with Medicare, the health care program for older people. Medicare's prescription program is not supposed to cover unapproved drugs. Medicare has purged hundreds of such medications from its coverage lists, but continues to find others. It might be easier to sort things out if the FDA compiled a master list of unapproved drugs, but the agency hasn't. FDA officials say that would be difficult because many manufacturers do not list unapproved products with the agency. Yet, the AP found many that were listed - a possible starting point for a list. Among the drugs the AP's research identified were Carbofed, for colds and flu; Hylira, a dry skin ointment; Andehist, a decongestant, and ICAR Prenatal, a vitamin tablet. Medicaid data show the program paid $7.3 million for Carbofed products from 2004 to 2007; $146,000 for Hylira; $4.8 million for Andehist products, and $900,000 for ICAR.

     FDA officials say they tell Medicaid and Medicare when the agency moves to ban an unapproved drug, so the programs can stop paying. The FDA began its latest crackdown on unapproved drugs two years ago and has taken action against nine types of medications and dozens of companies. Typically, the agency orders manufacturers to stop making and shipping drugs, and it also has seized millions of dollars' worth of medications. But federal law does not provide fines for selling unapproved drugs, and criminal prosecutions are rare. Some manufacturers of unapproved drugs say their products predate FDA regulation and are grandfathered in. The FDA is skeptical that any drugs now being sold are entitled to "grandfather" status. To qualify, they would have to be identical to medications sold decades ago in formulation and other important aspects. The agency is targeting drugs linked to fraud, ones that do not work and, above all, those with safety risks. While the crackdown has helped, it does not appear to have solved the problem. The gout drug banned by the FDA this February is not the only recent case involving safety problems. Last year, the FDA banned unapproved cough medicines containing hydrocodone, a potent narcotic. Some had directions for medicating children as young as age 2, although no hydrocodone cough products have been shown to be safe and effective for children under 6. In a 2006 case, the agency received 21 reports of children younger than 2 who died after taking unapproved cold and allergy medications containing carbinoxamine, an allergy drug that also acts as a powerful sedative. Regulators banned all products that contained carbinoxamine in combination with other cold medicines.

[Source: AP Ricardo Alonso-Zaldivar and Frank Bass article 24 Nov 08 ++]

COLA 2010: With a 5.8% COLA in the bank for 2009, the Consumer Price Index (CPI) promptly tanked to start the new fiscal year. The October CPI dropped 1.3% compared to the September number - the biggest October decline in 61 years. And because the September number, in turn, was lower than the July-to-September average that's the starting point for the 2010 COLA, we start the first month of the COLA year in a 1.5% hole. And with gas prices continuing their steep fall off into November, it looks like inflation will start off FY2009 in an even deeper hole than it did in 2007, when we ended up the year with a 2.3% COLA.
[Source: MOAA Leg Up 21 Nov 08 ++]

SBP Paid Up Provision Update 07: Retired members who have been paying SBP premiums for at least 30 years (360 months) and have reached at least age 70 on Oct. 1, were to be considered "paid-up" and have no more premiums deducted from their retired pay. NAUS and FRA have received many phone calls and emails from their members who believe they are qualified yet are still having the premiums deducted. According to the Defense Finance and Accounting Service (DFAS) an appeal process is being developed for beneficiaries who believe they qualify for "paid up" status but are still having their SBP premium deducted from their retired pay. DFAS has assured that any beneficiary who is qualified for "paid up" status and had premiums deducted from their retired pay will be provided a full refund. A reason you may not be qualified is that you lost your spouse and your account was placed on hold status until you remarried. The date you remarried is NOT the start date for resumption of SBP premiums. That does not occur until one year after the new marriage. Also any payments you may have made for the Retired Servicemembers Family Protection Program (RSFPP), the program in effect prior to SBP, do not count towards the paid-up provision. There are several other instances that may affect your account. To check on these, go to the DFAS Retiree Newsletter at
http://www.dfas.mil/rna-news/october2008/paid-uprsfppandsbpupdate.html or call DFAS at 1-800-321-1080. Be advised that your wait may be long as the phone system at DFAS has been overwhelmed lately. [Source: NAUS Weekly Update 21 Nov 08 ++]

Agent Orange & Heart Disease: Scientists studying dioxin exposure in humans - including Vietnam veterans exposed to Agent Orange - have found a correlation between the chemicals and the death rates of heart disease and cardiovascular disease. The research, presented in Environmental Health Perspectives shows that there are consistent and significant dose-related associations with heart disease and modest associations with cardiovascular disease. Researchers at the Harvard School of Public Health and the Environmental Protection Agency said they realized that most dioxin studies had centered on cancer rates, but no one had produced a review of research about cardiovascular disease. "Future studies in both animals and humans should assess whether cardiovascular effects are present at environmentally relevant doses," the authors wrote. Environmental Health Perspectives' editor, Hugh Tilson, said the report is of interest because cardiovascular disease is a leading cause of death in many countries, and dioxin exposure can be prevented. [Source: NavyTimes Kelly Kennedy article 21 Nov 08 ++]

VA Fraud Update 15: A Veterans Administration employee and 13 other people have been charged with conspiring to steal nearly $2 million in disability claims. All but one of the defendants is a veteran. Each is charged with conspiracy to defraud, as well as paying or receiving bribes, and some with money laundering. They are scheduled to appear Dec. 16 for arraignment in U.S. District Court in Louisville. Veterans Affairs service Representative Jeffrey Allan McGill and Daniel Ryan Parker, a veteran and officer with the Disabled American Veterans, were among the 14 charged 18 NOV by a federal grand jury with conspiring to defraud the U.S. of $1.9 million through the submission of false veterans' disability claims to the Department of Veterans Affairs. The indictment outlines an alleged scheme for veterans to falsely claim to have suffered from bipolar disorder, hearing loss, frostbite, back injuries and other ailments and disabilities. The indictment says veterans received lump-sum payments for back pay and then kick backed as much as two-thirds of it to Parker and McGill.

     If convicted on all charges, Parker could be sentenced to up to 90 years and fined $2.25 million; McGill, who lives in La Grange, could be imprisoned for 70 years and fined $1.75 million. "They're all veterans," U.S. Attorney David Huber said at a news conference 20 NOV. "That's what's sad about all of this." Parker, 37, of Crestwood, is free on $25,000 bond. He is also charged with stealing $47,000 from Disabled American Veterans. His attorney, Brian Butler of Louisville, said his client plans to plead not guilty. "We've been aware of the investigation for months and have cooperated with investigators," Butler said. Huber said the remaining defendants, who live in Kentucky, Illinois and West Virginia, would voluntarily surrender at arraignment. Huber said Parker and McGill received between $500,000 and $600,000 in kickbacks, with the rest of the stolen money being split among the participants.

     According to the indictment, starting in 2003 and continuing until this month, Parker and McGill recruited friends, relatives and acquaintances who were military veterans to file fraudulent claims with the VA. Parker and McGill then allegedly either altered the veterans' medical records, or created counterfeit medical records, to give the appearance that the veterans had service related disabilities. That resulted in the veterans receiving 100% disability for problems such as depression or cancer due to Agent Orange exposure during combat in Vietnam, according to the indictment. Huber said the case came to light after a tip from a confidential source. He declined to discuss how the source knew about the alleged plot. "But for that confidential source, this case may not have been known for some time, if at all," Huber said. Michael Keen, the resident agent in charge for the Department of Veterans Affairs in Louisville, said the scheme could hurt veterans who needed the funds allegedly purloined. "Obviously, the Department of Veterans Affairs doesn't have a bottomless pit of money," Keen said. Huber said prosecutors will try to recoup the money taken during the scheme.

[Source: NavyTimes AP Brett Barrouquere article 20 Nov 08 ++]

SBP Lawsuit Update 04: The government is appealing a recent decision by the U.S. Court of Federal Claims that found DoD unlawfully had withheld $150,000 combined in survivor benefit payments from three military widows. If the claims court decision stands - as advocates for the widows think it will - DoD would be forced to restore full Survivor Benefits Plan (SBP) payments worth millions of dollars to several hundred surviving spouses. The surviving spouses with a stake in the outcome all remarried after age 57, which made them eligible, under the Veterans Benefits Act of 2003 [Public Law 108-183] to have their Dependency and Indemnity Compensation (DIC) restored by the VA. But the widows argued successfully to the claims court that the same law did something more; it exempted them from the dreaded dollar-for-dollar reduction in SBP payments that occurs if they also elect to receive DIC. The widows contend that Congress made them the first group of surviving spouses eligible for "concurrent receipt" of DIC and SBP, thus taking a first step five years ago toward eventually eliminating the DIC-SBP offset for up to 44,000 surviving spouses. At the claims court last June, Judge George W. Miller ruled that the facts and the law support the widows' argument that the 2003 law "partially repealed" the SBP-DIC offset, targeting widows eligible who remarry after age 57.

Here is some background to understand the ruling.

 * Under SBP, military retirees forfeit a monthly premium so that, if they die first, their surviving spouse, or a dependent child, will continue to receive up to 55 percent of their retired pay as an SBP annuity. Some of these same survivors also qualify for DIC - monthly compensation from the VA payable to surviving spouse if a servicemember dies while on active duty or a military retiree dies of a service-related disability.

 * The long-time hitch for surviving spouses eligible for both SBP and DIC is that to elect to draw tax-free DIC, they must agree to have their SBP reduced by an equal amount. The basic DIC rate is $1,091 a month, with more added for each dependent child. Accepting DIC suspends SBP entirely for many widows.

 * Before Dec. 16, 2003, eligibility for DIC ended when a surviving spouse remarried. The Veterans Benefits Act of 2003 modified that rule, allowing DIC to continue or to be restored from that date forward, if the remarriage occurred when a surviving spouse was age 57 or older. This change made more than 12,000 widows eligible again for DIC - if they knew to apply for it.

 * Advocates for military widows said the 2003 law intentionally was worded so that widows who remarried after age 57 would be the first to receive both SBP and DIC. But DoD pay officials and lawyers interpreted the law so that all surviving spouses continued to have their SBP reduced or wiped out by their restored DIC.

 * In July 2007, three widows, backed by the Gold Star Wives of America, filed their claims court lawsuit. In June, Judge Miller ruled in their favor, saying Patricia R. Sharp, remarried widow of an Army brigadier general, was owed nearly $74,000; Margaret M. Haverkamp, remarried widow of a retired Army lieutenant colonel, was owed $46,300; and Iva Dean Rogers, remarried widow of an Army master sergeant, was owed nearly $32,400.

 * Government attorneys have said they will appeal that decision. Their appeal brief is due to the U.S. Court of Appeals for the Federal District by Nov. 21. They will argue anew that Congress didn't intend, in passing the 2003 law, to allow concurrent receipt of SBP and DIC for such a narrow class of surviving spouses, those who remarry after age 57. Even if Congress had that intention, they will argue, the law is written too ambiguously to allow concurrent receipt.

     Michael R. Franzinger, a lawyer representing the widows, says he is confident the appeals court will uphold Miller's 25-page opinion, which persuasively details how Congress intended the law to be interpreted: to shield these remarried widows from any reduction in SBP when their DIC was restored. Indeed, this columnist confirmed this intention of members and staff of the House Veterans' Affairs Committee in JAN 04. Rep. Henry E. Brown Jr. (R-S.C.), then chair of the personnel subcommittee, says: "We put a special paragraph in there to, basically, get [DoD] to do that. This was to get the camel's nose under the tent, sort of like we did with concurrent receipt" for disabled retirees. Judge Miller referred to Brown's quote in his opinion, though he relied on legal arguments for his actual opinion. "They'll wait until we die," says 83-year-old Rogers, with a laugh, when told it could take another year to get a final decision on the government's appeal. "I believe it will eventually come through. My husband fought in three wars, and he was confident I would be taken care of. . I'm not going to give up." Franzinger said the government won't restore any of the disputed SBP payments until its appeal is exhausted. But it likely will have to pay the widows interest back to the June date of Miller's original ruling.

[Spouce: MOAA News Exchange Tom Philpott article 5 Nov 08 ++]

CRDP Update 45: The concurrent retirement and disability pay (CRDP) retro payments being paid to retirees rated with "individual unemployability" (IU) by the VA are taxable in the year received. CRDP always has been taxable income, as it is a restoration of taxable military retired pay. According to the Internal Revenue Service (IRS), income is considered taxable in the year it is received. This is the case even though the retro payment is to make you whole from an earlier time. Many have asked about the ability to file an amended tax return. It is not an option. Amended returns are for correcting a past mistake, or for when you paid taxes in the past that you didn't need to pay. The CRDP retro payments for IU don't apply to either of these situations because you were paid in accordance with the laws and policies at those times. The laws changed in 2008 to make things different, so the payment is considered a current year income payment. [Source: MOAA News Exchange 18 Nov 08 ++]

USAF Return to Active Duty: The Air Force is re-invigorating its Voluntary Return to Active Duty programs. Currently, the Air Force is attempting to measure how much interest there is in individuals returning to active duty. If returning to active duty is viable, some rated officers may be given the opportunity to voluntarily return to active duty for a limited time, with some serving until they qualify for military retirement. Interested individuals can e-mail afpc.recall.ops@randolph.af.mil and provide the following information: full name, date of birth, highest rank held, date of separation/retirement date, reserve status, aircraft flown, contact e-mail, home address, phone number, and brief comments/concerns. Once the Air Force determines program viability, applicable recall program information, which includes application procedures, will be posted on the the Air Force Personnel Center's "Ask" Web. Expected timeline: Solicit interested parties starting 15 OCT 08, and start first return to active duty by 1 JAN 09. Return to Active Duty programs consist of:

(1) The Voluntary Permanent Rated Recall Program brings rated officers back on active-duty status to serve until they are eligible for retirement. Officers brought back in this program will be eligible for active component promotion boards, and will PCS and/or deploy in accordance with current policies.

(2) The Voluntary Permanent Non-Rated Recall Program brings non-rated officers back on active-duty status to serve until they are eligible for retirement. Officers brought back in this program will be eligible for active component promotion boards and will PCS and/or deploy in accordance with current policies.

(3) The Limited Period Recall Program brings officers back to serve at particular units and locations for a specific period of time. Officers brought back under this program are not authorized to PCS; they will not meet active component promotion boards and will deploy under special conditions. Officers in this program are authorized to meet the Air Force Reserve Command's promotion boards.

(4) The Retired Aviator Recall Program returns retirees to active duty in the rank last held to fill rated staff positions for a pre-determined period of service. They do not meet active duty promotion boards, are not eligible for aviation career pay and do not deploy unless they volunteer.

[Source: http://www.afpc.randolph.af.mil/library/voluntaryreturntoactiveduty.asp Nov 08 ++]

FDA Scam: The U.S. Food and Drug Administration is warning consumers about a scheme to extort money by callers who falsely identify themselves as FDA officials. The agency has received several reports of calls to entice consumers to purchase discounted prescription drugs by wiring funds to a location in the Dominican Republic. No medications are ever delivered, but an "FDA special agent" calls to say that a fine of several thousand dollars must be sent to an address in the Dominican Republic to prevent imprisonment or other legal action. The FDA suspects that the scheme began with the theft of personal information from consumers who previously purchased drugs through the Internet or by telephone or who were victims of credit card fraud. Complaints or other information about this scheme should be reported to the FDA Office of Criminal Investigations at (800) 521-5783.
[Source: Consumer Health Digest #08-47 18 Nov 08 ++]

VA Claim Shredding Update 02: House Veterans' Affairs Committee Chairman Bob Filner (D-CA) released this statement following the roundtable discussion 19 NOV on the shredding of veterans' documents by the VA:

     "Today's roundtable revealed a number of shortcomings within the VA that are hardly new and most definitely failing our nation's veterans. I am encouraged that the VA came forward and revealed that important documents were slated for the shredding bin. "I remain angry that a culture of dishonesty has led to increased mistrust of the VA within the veteran community. A systemic lack of integrity seems pervasive and that is a shame. First, I am not convinced that only 500 documents were saved from the shredding bin. This is merely a snapshot in time. The VA was unable to convince me that more documents have not been shredded in the past and I honestly do not know how many records have been destroyed and how many files lost over the past decades. Second, we have heard promises from the VA before. We have heard that the claims process will go paperless. Training will be improved. VA's latest promise is that veterans can submit statements containing information that will be used in the adjudication process in lieu of documents missing from their files. While this is an important step forward, I am skeptical that this new step will become part of the claims process. Additionally, the VA's outreach has been limited to a reliance on media reports and a message on the VA website. The VA did not report a systematic way of reaching out to veterans to alert them of new policies that may have huge implications in their claims going forward. Finally, Congress has routinely asked VA what it needs to adequately care for veterans and the response has been that it is adequately poised. This is clearly not adequate care for our veterans. Listen, this is a long-term systemic problem that will require uncomfortable changes, long hours, unprecedented cooperation, extraordinary progress, and a new system of independent oversight. Clearly, the current system of self-reporting and internal regulation is ineffective. Congress must hold the VA accountable for a job NOT WELL DONE. A complete paradigm shift is necessary and I look forward to working with new leadership to correct the problems plaguing the benefits claims system. I am pleased that veterans have begun to work on transition issues in the impending Obama Administration. I plan to work with veterans service organizations, veterans, and the VA to fundamentally change the way that the Veterans Benefits Administration conducts business."

     At the conference doubts were raised about whether the Bush administration can do anything to restore confidence in the Veterans Affairs Department following the discovery last month of key benefits claims documents in shredding bins at regional offices. But the problem, initially discovered by teams of auditors from the VA inspector general's office, didn't exactly shock the veterans' community. Veterans have complained for decades about VA losing or destroying claims documents, making an already complicated process even more difficult to deal with. Veterans' advocates attending a roundtable discussion arranged by the House Veterans Affairs Committee said VA's admission of mishandling documents is a sign of the fundamental problems that veterans have seen for years. Rick Weidman, executive director for government affairs of Vietnam Veterans of America, said the only real news is that VA now acknowledged the problem. "Shredding is not the issue," he said, calling instead for focus on "the integrity of the process."Rep. Harry Mitchell, D-Ariz., said he is worried that leaving key documents to be shredded is a sign of a larger workload problem and pressure to meet production quotas. Mitchell said it has led him to wonder whether VA officials have been completely honest when they said they had all of the resources they needed to handle claims. Retired Vice Adm. Patrick Dunne, VA's undersecretary for benefits, said the problem reflects poor document handling procedures, not an effort to prevent veterans from getting what is due them. The ultimate answer, he said, is a completely electronic filing system in which key records are scanned into a computer - although a paperless claims processing system won't be available before 2010.

     A short-term solution, which might not be fully in place before President-elect Barack Obama takes office in January, sets new document management procedures for every VA regional office - including establishing records management officers and requiring two people to review any document before shredding. Rep. Bob Filner said the fact that a review found 41 of the 57 VA regional offices had crucial documents in shredding bins is an "intolerable situation." "These actions completely shatter confidence in the whole VA system," Filner said. "This episode has further strengthened my belief that we need to have accountability in [VA] and leadership that demands accountability. These incidents and mistakes, all occurring to the detriment of our veterans and never to their benefit, remind me more of the Keystone Cops than a supportive organization dedicated to taking care of our veterans." The VA has announced special procedures for veterans who believe lost records have led to the denial or delay of a benefits claim.

[Source: AirForceTimes Rick Maze article 19 Nov 08 ++]

VA Claim Shredding Update 03: The Department of Veterans Affairs (VA) announced 17 NOV special procedures for processing claims from veterans, family members, and survivors whose applications for financial benefits from VA may have been mishandled by VA personnel. These special procedures come after an audit by VA's Inspector General found documents waiting to be shredded at some of VA's regional offices that, if disposed of, could have affected the financial benefits awarded to veterans and survivors. "I am deeply concerned that improper actions by a few VA employees could have caused any veterans to receive less than their full entitlement to benefits earned by their service to our nation," said Secretary of Veterans Affairs Dr. James B. Peake. "In rectifying this unacceptable lapse, VA will be guided by two principles - full accountability for VA staff and ensuring veterans receive the benefit of the doubt if receipt of a document by VA is in question," he added. VA worked with the six largest veterans' service organizations in developing these special new procedures. The procedures will assist veterans and survivors in establishing that an application or another document was previously submitted to VA, but was not properly acted upon by VA and was not retained in the veteran's records. The special procedures cover missing documents submitted by a veteran or other applicant for VA benefits during the 18-month period between 14 APR 07 and 14 OCT 08. VA will process any missing applications or evidence resubmitted under these special procedures as if the document had been originally submitted on the date identified by the claimant.

     Veterans and other applicants have one year, or until 17 NOV 09, to file previously submitted documents under these special procedures. Veterans not covered by these special rules who believe relevant material is missing from their files can submit additional documentation at any time. An award of benefits earlier than 14 APR 07, may be established if there is credible corroborating evidence supporting an earlier date of document submission. When this problem of mishandled documents was uncovered on 14 OCT 08, VA immediately ceased all shredding activities while it established tighter controls over all claims documents and conducted special training for all employees who process veterans' applications. All regional office shredding equipment and operations are now under the strict control of the facility records management officer. Every employee has been given a separate receptacle for papers appropriate for shredding. These receptacles are subject to review by supervisors and other officials. Before any claims document can be shredded now, it must now be reviewed by two people and the facility records management officer. VA's Inspector General is continuing to investigate a small number of cases where inappropriate shredding may be traceable to a specific employee. Legal and disciplinary action will be initiated to hold accountable any employee who has acted improperly. Veterans and others who are concerned about missing documents and want more information on the special processing procedures may call 1-800-827-1000 for assistance or go to http://www.vba.va.gov/VBA/specialprocedures_qa.asp They may also send an e-mail inquiry through IRIS@va.gov or visit their local VA regional office. VA representatives will review VA's record systems to verify receipt of applications and supporting evidence and will assist anyone desiring to file a claim under the special processing procedures for missing documents.

[Source: News Release 17 Nov 08 ++]

Gulf War Syndrome Update 05: Gulf War syndrome is real and afflicts about 25% of the 700,000 U.S. troops who served in the 1991 conflict, a U.S. report said 17 NOV. The report broke with most earlier studies acknowledging two chemical exposures consistently associated with the disorder -- one to the drug pyridostigmine bromide given to soldiers to protect against nerve gas and the other used (often overused) to protect against desert pests -- were cited as causes in the congressionally mandated report. "The extensive body of scientific research now available consistently indicates that Gulf War illness is real, that it is a result of neurotoxic exposures during Gulf War deployment, and that few veterans have recovered or substantially improved with time," according to the 450-page report presented to Secretary of Veterans Affairs James Peake. The report bolstered the hopes of thousands of U.S. and allied veterans who have struggled to have their varied neurological symptoms, including memory loss, concentration problems, rashes and widespread pain, recognized by the government. The government for years maintained that the symptoms manifested were because of stress or other unknown causes. The panel of scientists and veterans also called upon Congress to appropriate $60 million annually to conduct research into finding a cure for the disorder calling it a 'national obligation. The report, which went to Veterans Affairs Secretary James Peake on the 17th, said, "The Defense Department cut research money from $30 million in 2001 to less than $5 million in 2006. Both agencies have identified some of their research as Gulf War research even when it did not entirely focus on the issue. Substantial federal Gulf War research funding has been used for studies that have little or no relevance to the health of Gulf War veterans,' the panel concluded."

     The new report http://sph.bu.edu/insider/index.php?%20option=com_content&task=view&id=1579&Itemid=150 is the product of the Research Advisory Committee on Gulf War Veterans' Illnesses (RAC-GWVI), which was chartered by Congress because many members thought that veterans were not receiving adequate care. On the 15-member committee appointed in 2002, scientists made up about two-thirds and the rest were veterans. Some scientists were not convinced that the new report had found the long-sought smoking gun. "Even though we know that the DoD did ship pesticides, it doesn't mean that the people who were exposed to them were the ones who ended up having symptoms," said Dr. Lynn Goldman, a professor of environmental health sciences at Johns Hopkins University in Baltimore who has worked on previous reports on the illness. "We felt that there needed to be better records of where people were, what they were exposed to and their prior health status going in." Several reports had already been issued by the prestigious Institute of Medicine, an arm of the National Academy of Sciences, blaming stress and other unknown causes for the soldiers' symptoms. There's something about going to the Gulf and serving in the Gulf that has caused something bad and persistent and real, but we have not found any evidence for a specific cause," said Dr. Harold C. Sox, chairman of a 2000 institute study and editor of the journal Annals of Internal Medicine. Veterans blame the institute's reports for the difficulties they've faced in getting treatment for their problems.

     According to RAC-GWVI, at least 64 pesticides containing 37 active ingredients were used during the war. They were sprayed not only around living and dining areas, but also on tents and uniforms, White said. There was less evidence to support a link to the U.S. demolition of Iraqi munitions near Khamisiyah, which may have exposed about 100,000 troops to nerve gases stored at the facility, according to the panel. The panel said it could not rule out a link between the illness and exposure to oil well fires and multiple vaccinations. But it could find no evidence linking it to depleted uranium shells, anthrax vaccine and infectious diseases. In addition to increased rates of memory loss, fatigue and pain, Gulf War veterans have higher rates of brain cancer and amyotrophic lateral sclerosis, or Lou Gehrig's disease, the panel also noted. "The tragedy here is that there are currently no treatments," said panel chair James H. Binns, a former deputy assistant secretary of defense and a Vietnam veteran. "The tragedy here is that there are currently no treatments," said the panel's chairman, James H. Binns, a former principal deputy assistant secretary of Defense and a Vietnam veteran. Binns emphasized that the report was not written to yield recriminations about past actions. "The importance lies in what is done with it in the future," he said. "It's a blueprint for the new administration."

[Source: Los Angeles Times article 18 Nov 08 ++]

Gulf War Syndrome Update 06: On 26 NOV Dr. Michael E. Kilpatrick, deputy director of health affairs for force health protection and readiness said that DoD continues to work with the VA to resolve veterans' health issues, including maladies associated with the Gulf War, "We work very closely with the VA for those who've separated from military service. We find that the No. 1 disability that veterans have is problems with muscles, bones and joints, ankles, knees and lower back . These types of ailments also surface as the top health issues cited by active-duty troops at sick call. So, there's a relationship between service and those kinds of wear-and-tear joint problems,"Kilpatrick said Of the nearly 700,000 U.S. military members involved in the 1990-1991 Gulf War about 120,000 servicemembers returning from deployment in the Middle East reported a multitude of symptoms, including depression, tiredness, muscle and joint aches and pains, memory loss, headaches, and rashes. Servicemembers suffering from one or a combination of these maladies would later be said to have Gulf War Illness. While 80% of those 120,000 veterans received a medical assessment and treatment for their ailments, about 24,000 veterans with Gulf War Illness-related symptoms remain undiagnosed, said Kilpatrick, a former Navy physician who commanded an Army/Navy infectious disease research unit during the Gulf War.

     A congressionally-mandated report titled "Gulf War Illness and the Health of Gulf War Veterans" was released 17 NOV and presented to Veterans Affairs Secretary Dr. James Peake. The 400-plus-page report says Gulf War Illness is a genuine medical condition. The report also notes that pyridostigmine bromide pills taken by some servicemembers in theater as a prophylactic against nerve agents and the use of pesticides to ward off desert insects are possible causes of Gulf War Illness. Kilpatrick said he disagrees with the report's findings regarding causes of Gulf War Illness, especially the alleged role played by anti-nerve agent pills and pesticides. Previous tests had determined that the pills were safe for consumption by servicemembers, he said, and there's no medical evidence that pesticide use was responsible for Gulf War Illness-related maladies. Other reports conducted on Gulf War Illness over the years, he noted, failed to substantiate its existence or couldn't provide medical evidence of possible causes. Unlike today, the U.S. military did not conduct pre-deployment medical screenings of servicemembers during the Gulf War, Kilpatrick said. He suggested that some individuals reporting Gulf War Illness-related symptoms may have had pre-existing medical conditions before they deployed to the Gulf. "I think if you take a look at chronic fatigue syndrome, where people are extremely tired even after a good night's sleep; they're lethargic, they may have some short-term memory loss, some muscle pain in joints," Kilpatrick said. "That's part of that syndrome." Gulf War Illness isn't a mystery, Kilpatrick said, but it is "something we don't understand, and we need to do more work."

[Source: AFPS Gerry J. Gilmore article 26 Nov 08 ++]

WRAMC Update 13: The American Red Cross is sponsoring a national "Holiday Mail for Heroes" campaign to receive and distribute holiday cards to servicemembers and veterans both in the United States and abroad. Holiday Mail for Heroes, which began Veterans Day, is a follow-up to the 2007 effort that resulted in the collection and distribution of more than 600,000 cards to hospitalized servicemembers. This year's program will expand its reach to not only wounded servicemembers but also veterans and their families. The goal is to collect and distribute 1 million pieces of holiday mail. There have been some inquirers concerning an e-mail going around asking we send Christmas cards to Walter Reed addressed to "Recovering American Soldier". However, they are participating in the Red Cross "Holiday Mail for Heroes" effort to get cards to Soldiers and Veterans. Holiday cards should be mailed to: Holiday Mail for Heroes, P.O. Box 5456, Capitol Heights, MD. 20791-5456. All cards must be postmarked no later than 10 DEC. Cards should not be mailed or delivered to Walter Reed Army Medical Center. For more information refer to http://www.wramc.amedd.army.mil or http://www.redcross.org/holidaymail for Holiday Mail for Heroes program guidelines. Walter Reed is not accepting mail addressed to "A Recovering American Soldier."

[Source: Office of the Secretary of Vet Affairs VSO Liaison Kevin Secor note 18 Nov 08 ++]

TRS Update 10: Effective 1 JAN 09, Tricare will reduce the rates for Tricare Reserve Select (TRS). Monthly premiums for TRS individual coverage will drop 44% from $81.00 to $47.51, and TRS family coverage will drop 29% from $253.00 to $180.17. The 2009 National Defense Authorization Act (NDAA), section 704, required Tricare to analyze Reserve Select costs from 2006 and 2007, and set new rates for 2009. "Now that TRS has been in place for several years, we were able to calculate premiums for 2009 from actual cost data obtained in earlier years," said Army Maj. Gen. Elder Granger, deputy director of Tricare Management Activity. "It is important to provide high quality and affordable healthcare coverage for our National Guard and Reserve families." Established in 2005, TRS is a premium-based health plan for National Guard and Reserve personnel available for purchase by members of the Selected Reserve who are not eligible for or enrolled in Federal Employee Health Benefit plans. TRS provides a health plan option to members of the Selected Reserve and their families when they are not on active duty status. The TRS plan delivers coverage similar to Tricare Standard and Extra to eligible members who purchase the coverage and pay monthly premiums. TRS also features continuously open enrollment. For more information about TRS refer to the Tricare Web site at http://www.tricare.mil

[Source: Tricare News Release No. 08-114 dtd 19 Nov 08 ++]

VA Category 8 Care Update 08: A key lawmaker is urging President-elect Barack Obama to move slowly and cautiously on his pledge to grant all veterans medical attention at Veterans Affairs Department facilities, or else risk clogging they system and harming quality. Obama said repeatedly during the campaign that one of his first acts as president would be to sign an executive order permitting veterans with non-service-related disabilities to seek medical care within the VA system. These so-called "Priority Group 8" veterans make up the lion's share of living American veterans. Vets are designated as Priority 8 when their income exceeds a pre-set threshold, which varies from county to county based on the level of affluence in a given location. They are the most affluent category of vets, but some earn as little as $28,430 a year. Until 2003, these veterans were permitted to seek treatment at VA health facilities, but the department announced a freeze on new Priority 8 enrollments that year to alleviate a 300,000-plus patient backlog and quell a funding crisis. Chet Edwards, chairman of the House Appropriations Military Construction, Veterans' Affairs and Related Agencies Subcommittee, says that he will fight to fund VA health care for Priority 8 veterans but that he wishes to do so at a gradual pace. "Even if we had unlimited dollars, it would take time to hire all the doctors and nurses," said Edwards, D-Texas. "We don't want to double, triple, quadruple the wait times. I would urge the administration to maintain the goal but spread it out equally."

     This approach would involve continuing to raise the Priority 8 income threshold over a number of years to gradually include more and more veterans. Congress authorized $375 million in the fiscal 2009 Military Construction and Veterans Affairs spending measure (PL 110-329) to raise the Priority 8 income threshold and bring more of these veterans into health-care-eligible categories. But it is unlikely that the amount appropriated will do much to move the threshold to a significantly higher income level, according to a Senate Veterans' Affairs Committee aide. So far, the Obama presidential transition team has declined to disclose details on the implementation of his campaign promise, but it is certain to be expensive, however the new administration decides to do it. If Obama orders a plan to gradually raise the threshold to eventually cover all veterans, it would require Congress to continue to increase record funding for the VA year after year. Aides note that if he wants to make all Priority 8 veterans eligible at the same time, it would likely require an emergency supplemental spending bill that would total billions of dollars. With Congress already providing $700 billion to help bail out failing banks and other businesses, the government's capacity to provide another supplemental spending measure is questionable.

     Obama will have plenty of backers on Capitol Hill for his VA medical coverage plans. Rep. Bob Filner, chairman of the House Veterans' Affairs Committee, contends that there are actions Congress can take to bring all Priority 8 veterans into the VA health care system at once. For example, the VA currently has an inefficient system for recouping money from private health insurance companies when covered veterans go to the VA for treatment, said Filner (D-CA). Installing more effective tracking technology would reward the VA with billions of dollars, he added. "I have talked to people who have systems to do this, and they are telling me about several billion dollars, easy," Filner said. "I have seen $3 billion or $4 billion estimated." Filner also said Medicare should reimburse the department when Medicare-eligible veterans get treatment at the VA. "We are saving them money," he said. Sen. Patty Murra (D-WA), a potential chairwoman of the Veterans' Affairs Committee in the 111th Congress and a member of the Military Construction and Veterans' Affairs Appropriations Subcommittee, is also a strong proponent of giving Priority 8 veterans full VA health care eligibility. "While the VA health care system certainly has its share of problems, closing its doors to thousands of veterans who have served us is not the answer to fixing them," Murray said. "That means expanding access, but it also means providing the funding and resources to hire doctors and staff, invest in VA infrastructure, do research, and decrease the wait on benefit claims. We make a promise to all veterans when they sign up to serve that, regardless of their future income or health needs, they will receive VA medical care."

     Like Edwards, veterans' advocacy groups favor a more gradual approach. Their main concern is that opening up the VA's health facilities to at least 400,000 new patients could put the VA on the same faulty financial footing that plagued the department before 2003. They also say it is not just a matter of securing funding; they say the VA would need time to put the money to use by hiring new doctors and clinical staffers, building and leasing new facilities, and procuring new equipment. "If he just opens the gates wide open and says everyone is eligible now to enroll for VA health care, then we would find ourselves back in that same situation again," said Joseph Violante, national legislative director for Disabled American Veterans. "While the VA has gotten nice budgets the last two years, it will not be in a position to care for a large influx of new veterans," Violante said. "We would wind up getting rationed care for all the veterans that are in the system, including the service-connected disabled." Rationed care is a large concern at a time when thousands of service members are returning home from Iraq and Afghanistan with severe injuries. "We are concerned that adding more veterans into the system may take away priority for the service-connected wounded, especially the most severe service-connected," said Bob Wallace, executive director at Veterans of Foreign Wars. "They need to be taken care of before anybody else."

[Source: CQ Veterans' Affairs Matthew M. Johnson article 18 Nov 08 ++]

Census Bureau Job Recruiting: Conducting the census is a huge undertaking. Thousands of census takers are needed to update address lists and conduct interviews with community residents. Most positions require a valid driver's license and use of a vehicle. However, public transportation may be authorized in certain areas. The Bureau is recruiting temporary part-time census takers for the 2010 Census. The hours are flexible, and the work is close to home. Census takers receive competitive pay on a weekly basis. In addition, you will be reimbursed for authorized mileage and related expenses. Census taker jobs are excellent for retirees, college students, persons who want to work part-time, persons who are between jobs, or just about anyone who wants to earn extra money while performing an important service for their community. To apply call the Jobs line at 1-866-861-2010 and schedule an appointment to take the employment test. TTY users should call the Federal Relay Service at 1-800-877-8339. Or, got to http://www.census.gov/2010censusjobs/howtoapply.php and use their interactive map to find the local phone number of the Census office nearest you. Applications can be completed online and downloaded using the Documents section the website. Bring your completed application and I-9 Form to your scheduled testing session. Applicants will be hired from almost every community and are selected based on the hiring needs of each particular area. Qualified applicants are contacted to work as Census jobs become available. Most hiring will take place FEB through MAY 09. In addition to applying to be a census taker there are other jobs available in Regional Offices that you can apply for: Go to http://www.census.gov/field/www and click on the map to visit one of the 12 regional offices for details on available positions and salaries. For additional info go to http://www.census.gov/2010census and click on JOBS. [Source: http://www.census.gov/2010census/ Nov 08 ++]

GI Bill Update 31: Anticipating a tidal wave of GI Bill claims next summer when a new full-tuition benefits plan takes effect, the Department of Veterans Affairs plans to hire 400 people for its regional offices in a push that will begin1 DEC and have new staff on board to begin training by 1 MAR. The Post-9/11 GI Bill, which takes effect 1 AUG 09, is so generous compared to existing benefits that VA officials are preparing to deal with an estimated 526,000 benefits claims next year, said Keith Wilson, director of VA's education service. Testifying before a House subcommittee that is concerned about whether VA will be ready, Wilson said initial plans to use a completely automated claims process have not worked out and that most claims will be manually processed, with help from a computer program to help make sure all necessary information is available. He described manual claims processing as a "throwaway" solution that would be abandoned as soon as an automated system is ready. He expects that to take up to two years more. Wilson did not say what would happen to the 400 new hires after the automated system is available, but members of the House Veterans' Affairs Committee - who have been monitoring startup problems - said they expect the claims workers would be transferred to other duties, because VA also has a large backlog of disability benefits claims that need to be tackled.

     Implementing the Post-9/11 GI Bill is more complicated than processing claims for current educational benefits because the programs have major differences, including who gets paid. The new program will send tuition checks directly to schools, while the student will receive a living stipend and book allowance. The living stipend will be based on housing costs in the ZIP codes where the schools are located. Benefits will cover the full cost of tuition and fees for a four-year-public college or university, with a maximum rate set for each state. Trying to assure lawmakers and veterans that VA will be ready, Wilson said December will bring two significant signs of progress. First, he expects regulations spelling out the details of benefits and eligibility to be published by 1 DEC. Also, VA plans to begin contacting private schools to reach agreement on another benefit of the new GI Bill in which the government and private schools will cover some tuition costs that exceed the basic benefit limits. VA's schedule calls for agreements with private schools to be completed by 15 FEB so that a full list is available by 1 APR. "We would like veterans to have that information by spring, when they start to make decisions about where they will go to school," Wilson said.

[Source: NavyTimes Rick Maze article 18 Nov -08 ++]

VA Mileage Reimbursement Update 06: Veterans traveling to and from Department of Veterans Affairs medical facilities started being reimbursed for their travel at a higher rate effective 17 NOV. The increase, from 28.5 cents per mile to 41.5 cents per mile, was mandated by law this year, and Congress provided funding for the increase. Veterans who have service-connected disabilities, receive VA pensions or have low incomes are eligible for the reimbursement. The deductible that applies to certain mileage reimbursements will stay the same for now, at $7.77 for a one-way trip and $15.54 for a round trip, with a cap of $46.62 per month. On Jan. 9, these deductibles will decrease to $3 for a one-way trip, $6 for a round trip, with a maximum of $16 per month. [Source: NavyTimes Karen Jowers article 18 Nov 08 ++]