RAO BULLETIN
15 July 2010
THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES
==ISP’s Blocking RAO Bulletin [06] --- (Change to PDF format)
== VA Hiring [04] (Obama Signs Memorandum)
== VA Prosthetics [05] (New Vet Tax)
== U.S. Savings Bonds [07] (DFAS Allotments to Stop)
== VA HIV Testing (New Routine Medical Care)
== Researching Your Doctor (California)
== Vet Toxic Exposure ~ Malathion (Operation Flyswatter)
== VA Pension [02] (H.R.4541 & S.3352)
== Consular Fees (JUL 2010 Changes)
== Nat Comm on Fiscal Responsibility & Reform (Jun Mtg)
==DBIDS [01] (What you need to know)
== Military Discounts [03] (Blue Star Museums)
==Fit but Unsuitable Discharge (Oxymoronic)
== HVAC [12] (DAMA 1 JUL Hearing)
== Mobilized Reserve 06 JUL 2010 (2,393 Decrease)
== Passport Obtainment ~ U.S. [04] (Philippines)
==VA Women Vet Programs [12] (Forum Registration)
== Vietnam Veterans Memorial [07] (Restoration Complete)
== VA Service Dogs (VA Not Exercising Authority)
== VA Lawsuit ~ Disability Claim Rejections (COA)
== Aid & Attendance [04] (Deceptive Marketing)
== PTSD [50] (Proof Rule Modification)
== VA Presumptive VN Vet Diseases [08] (Criteria)
== Vet Jobs [20] (SHRM Study Disclosures)
==Fisher House Expansion [05] (2010)
== Louisiana Vet Cemeteries (New State Cemetery)
== Heat Exhaustion/Stroke (Seniors)
== VA Prostate Cancer Program [07] (Lawsuits)
== Money Transfer (Xoom.com)
== Flag Presentation [03] (History)
== Arlington National Cemetery [12] (Disinterments)
== VA Office of the General Counsel (Challenges)
== VA Treatment Access (Fudging Performance Grades)
== VAMC St. Louis MO [01] (Investigations Scheduled)
== Virginia Vet Legislation (Newly Approved)
== VA Women Vet Programs [1 1] (S.1237 Blocked)
== Tricare Uniform Formulary [33] (New Search Tool)
== National Cemetery Administration [02] --- (Biannual Meeting)
== Tricare Supplemental Insurance [04] (Pre-tax Benefit)
== HVAC [11] (DAMA Reviews 5 Bills)
== COLA 2011 [03] (May 0.1% Increase)
== TSA Guidance for Passengers --- (International Flights to U.S.)
== Debt Collector's Rules (Tactics not Allowed)
== Medicare Fraud [43] (1-14 Jul 2010)
== Medicad Fraud [17] (1-14 Jul 2010)
== State Veteran's Benefits (Arizona)
== Military History (The Day Japan Bombed Oregon)
== Military History Anniversaries (Jul 16-31 Summary)
== Military Trivia 08 (Number 8)
== Tax Burden for New York Retirees (2009)
== Congressional Alphalist (Index D)
== Veteran Legislation Status 12 JUL 2010 ---- (Where we stand) == Have You
Heard? (Military Lingo) Attachment - Arizona State Veteran's Benefits
Attachment - Veteran Legislation
Attachment - U.S. Passport Renewal Requirements Checklist Attachment - New
Consular Fees 13 JUL 2010
ISP’s Blocking RAO Bulletin Update 06: I am changing how I transmit the RAO
Bulletin
because too many subscribers (over 500) cannot receive it using Word
attachments. As a test I sent it to these subscribers who had previously
informed me they could not receive or open Word attachments using PD F
attachments. Only 12 of those could not open the PD F attachments. I have sent
this Bulletin to all 80,000+ subscribers in PDF format to find out how many
cannot receive/open it in PDF format. If the number is small I plan to continue
to use PDF attachments for future Bulletin transmissions. In the interim I will
continue to maintain an
―Old format‖ directory to transmit in straight text format to those who cannot
open any type of attachment. Those who cannot receive or open either format have
the option of going to the website to read/download the Bulletin. Request you
NOT send me any messages that state your preference for the PDF format. However,
if you are unable to open the PDF attachments I need to know so I can add you to
the Old format directory. Hopefully this change will help reduce the number of
subscribers who are currently not being allowed access to the Bulletin by their
ISP’s. [Source: RAO Bulletin Editor/Publisher 14 Jul 2010 ++]
VA Hiring Update 04: On 11 MAY 2010, President Barack Obama signed a memorandum
calling on executive departments and agencies to transform federal government
recruitment and hiring practices. The required reforms will enable VA to hire
the employees needed to deliver on President Obama’s pledge to transform the
Department for the 21st century. The memorandum calls for the elimination of
lengthy application processes, including essay-style questions for initial
applicants; a reduction in the time it takes to hire mission-critical and
commonly filled positions; and greater involvement by managers in the hiring
process. The VA Hiring Reform Taskforce, led by Annie Spiczak, Associate Deputy
Assistant Secretary for Human Resources Policy and Planning, is leading
implementation of this mandate and includes Human Resources (HR) professionals
and line managers
representing all of VA. Teams of HR professionals are working to make job
announcements shorter and easier to understand; streamline and automate the
hiring process; and train hiring managers in workforce and succession planning.
For managers, the reform will put the focus on partnering with HR practitioners
to develop staffing plans, with the overall aim of reducing hiring timelines and
providing access to the highest-quality candidates. [Source: VA Secy Vet Group
Liason Officer Kevin Secor article 13 Jul 2010 ++]
VA Prosthetics Update 05: The Disabled American Veterans (DAV) is pleased that
President Barack Obama's administration has vowed that veterans and
servicemembers would continue to receive prosthetic devices from the Department
of Veterans Affairs or TRICARE at no cost. The White House announcement last
week dispelled unfounded rumors that disabled veterans and servicemembers would
face a new tax on prosthetic limbs and other vital medical services under the
Affordable Care Act. While the health care law does impose a new tax on big
medical device manufactures, the tax will not be passed on to veterans and
servicemembers. "The President's statement should help put to rest unfounded
rumors that have been spread among our nation's disabled veterans and
servicemembers," said DAV National Commander Roberto "Bobby" Barrera. "Our
veterans and servicemembers were suddenly struck by these rumors, and many
feared that our government was abandoning them to pay for their own disability."
Prices and reimbursements for medical devices will continue to be negotiated
between manufacturers and insurance companies, retail establishments and, in the
case of the federal government, for veterans and servicemembers. The full cost
of prosthetic devices for veterans will continue to be borne by the government.
[Source: DAV msg.13 Jul 2010 ++]
U.S. Savings Bonds Update 07: The Defense Finance and Accounting Service (DFAS)
will stop all current Savings Bonds allotments processed for military personnel
and military retirees effective 31 JUL. Allotments for federal civilian
employees will end A29 AUG. This comes following the U.S. Treasury's decision to
convert electronic transactions through www.TreasuryDirect.gov . DFAS customers
who wish to continue purchasing savings bonds through payroll deduction will
need to establish an online account with TreasuryDirect. Once they have an
account with TreasuryDirect, they can a new allotment using the TreasuryDirect
account number through their normal pay system. Information on purchasing
Treasury securities is available on the DFAS website. [Source: Military.com
Military report 12 Jul 2010 ++]
VA HIV Testing: On 12 JUL the Department of Veterans Affairs launched a major
effort to both increase HIV testing in Veterans and to make it part of routine
medical care. HIV test results will not affect your VA care or your eligibility
for VA benefits. You have the right to refuse HIV testing without losing medical
benefits or any right to care. The test is designed to determine whether you
have been infected. HIV is the virus that causes AIDS. When you get infected
your body produces cells and particles to fight the virus. These particles are
called
antibodies. The test can detect antibodies to HIV in your body. (The HIV
antibodies are different from antibodies for the flu, a cold, or other
infections.) If you have HIV antibodies, then you have been infected. The test
does not tell you if you have AIDS, how long you have been infected, or how sick
you might be. Veterans who will be taking this test should be aware of the
following:
What the test involves. It requires a sample of blood or fluid from inside the
mouth. For the blood test, blood is drawn either from the arm or from the finger
with a needlestick. Results from oral-fluid or blood tests usually take 1
to 2 weeks. For the oral-fluid test (called OraSure), a probe sits in your mouth
between your cheek and gums for 2-5 minutes. However, there are now rapid tests
for both oral fluid and blood that give results in less than 30 minutes. Rapid
tests require special handling, and not every VA medical center or clinic offers
them. What's more, positive results from rapid tests must be confirmed by
another, more sensitive, test--and getting those results can take 1-2 weeks. A
negative result from the rapid test does not need to be confirmed. (For more
information, see HIV Rapid Oral Test brochure).
Window period. This is the time it takes for your body to produce HIV antibodies
after you have been infected by the virus. In most people, this period is
between 2 and 12 weeks. In a very small number of people, the process takes up
to 6 months. During the window period, you might be infected with HIV yet still
test HIV-negative. Here's how that can happen. Let's say you have unprotected
sex on Saturday night and become infected with HIV. On Monday, you get an HIV
test. The test almost certainly will come back negative, because your body has
not yet had a chance to make antibodies, which are what the HIV test is looking
for. Even if you go for an HIV test 1 or 2 months later, your results might be
negative because your body still has not produced antibodies. It may take 3
months after exposure for the test results to be 97% accurate, and 6 months to
be absolutely certain. If you think you have been exposed to HIV, and your test
results are negative, be sure to get retested in 3 to 6 months--just to be sure.
Should you get tested? Yes, public health experts now recommend that all adults
should be routinely tested for HIV infection. In the past, doctors and other
health care providers usually only tested for HIV if patients had symptoms that
might indicate an immune deficiency or if there was something in the their
medical history that suggested they might be at increased risk for the virus.
Since mid-August 2009 the VA changed its policies and is now recommending that
voluntary HIV testing be provided to all patients who receive medical care in
VA. The reason for this change is to make HIV testing more "routine" so that
persons who are infected can be diagnosed early on and receive life-saving care.
Like many other diseases, it is better to diagnose and treat HIV early rather
than late. Today we are fortunate that there are many effective treatments to
offer persons who are found to be infected. Veterans with identified risk
factors should get tested for HIV at least once a year. Medical clues to
increased risk include a past or current history of a sexually transmitted
disease like gonorrhea or syphilis, having unprotected sex (having sex without
using a condom), especially with more than one partner, and sharing needles and
syringes to inject drugs. Even if you do not think you are "at risk" you should
talk to your doctor about taking the HIV test. A recent electronic survey
conducted at 129 VA medical facilities showed that in 2009, fewer than one out
of every ten Veterans in care had eveer received an HIV test and only one in
every forty had been tested for HIV in 2009.
Getting diagnosed and treated early can keep you healthier longer. It can even
save your life. So, if your doctor doesn't bring up the subject of HIV testing,
you should!
Getting it done? You may or may not need an appointment to get tested at your
local VA Medical Center, as different sites may have different practices. In VA,
all testing for HIV requires the verbal informed consent of the veteran. Your
provider will need to provide educational material to give you basic information
about HIV testing and to answer any questions that you may have about HIV or the
test itself. The health care provider may want to discuss your sexual or drug
use history with you. This can help you better assess your risk for HIV and
provide you with some recommendations on how to reduce your risk for HIV or for
transmitting HIV to others. If you test positive, your spouse is informed of
your HIV status only if it is clear that you have not told your spouse, and your
provider has determined that you are unlikely to do so. Then your provider may
notify your spouse or may use a partner counseling and notification service
through a local health department. As part of the testing process in VA, you
will receive written educational materials and a health care provider will
answer your questions about HIV. The provider also can answer questions and
offer advice about reducing your risk for HIV. At your return appointment, a
health care provider will provide you with your test result and answer any
questions that you may have. If your test result is positive, the provider will
help you with a referral for medical evaluation and treatment in VA. The
provider can also provide assistance with getting a referral for mental health
or substance abuse care in VA if you want. If your result is negative, you will
learn about ways to protect yourself against HIV. The results are entered in
your
medical record. There are strict laws in VA to protect the confidentiality of
your results. Anonymous testing is used which means you are referred to by an
identification number so that you do not have to give your name. Only you can
match your number with your test result. If you want more information about
where you can be tested anonymously, call 1-800-CDC-INFO.
Testing negative. This can be a huge relief. Remember, though, it can take up to
6 months to test positive for HIV after being exposed. To be completely sure
that you do not have HIV, you should get tested again in 3 to 6 months, and
continue to protect yourself in the meantime. Testing negative for HIV does not
mean that you are immune to the virus, so it is important to continue protecting
yourself. Don't get discouraged or give up if you slip (by having unsafe sex or
sharing needles). There are several things you can do to keep protecting your
health, now that you know you are negative: If you do not already see a doctor
regularly, start now. It is always a good idea to have regular checkups, and
your doctor will have a medical history of your health to refer to if you get
sick. Ask for support in staying HIV negative. There are support services that
can help you stick to your decision to stay safe. Your health care provider
and/or the clinic social worker should have a list of such service providers.
[Source: http://www.hiv.va.gov Jul 2010 ++]
Researching Your Doctor: Want to know if your doctor has been accused of
wrongdoing by state regulators? Has he settled a string of malpractice cases?
Been convicted of a recent felony? Been ordered by a court to pay up for
malpractice? Ask you state's Medical board. In California all of that – and more
– is available at www.sacbee.com/2010/06/18/2833341/database-search-md-discipline.html
, the website of the Medical Board of California, a state agency funded by
largely by the fees doctors pay when they renew their licenses to practice.
While consumer advocates and others who watch the medical board closely say it
should move more quickly and reveal more, they say it's still a good starting
point for patients and their families. 'It's very useful' for people choosing a
doctor, said Julie D'Angelo Fellmeth, an attorney with the Center for Public
Interest Law in San Diego. 'You have to be an assertive patient,' she said. 'You
are putting the health and lives of your family in their hands. It doesn't hurt
to invest five minutes in checking this person out in all of the places that you
can.'
In addition to checking the medical board database, people might also want to
ask what hospitals a doctor has privileges at, and decide how they feel about
those hospitals, said Betsy Imholz, an attorney for Consumers Union in San
Francisco. With the federal health care law's emphasis on both the quality and
affordability of medical treatment, 'the era of transparency is here,' she said.
There are other ways to check out doctors, although many cost more or are less
complete. HealthGrades at www.healthgrades.com makes consumer surveys and
doctors' descriptions of their practice available at no charge, but charges a
one-time fee to see if a doctor has had malpractice or disciplinary problems.
Angie's List at www.angieslist.com charges a monthly fee to see consumer
ratings. Very few of California's 100,000 doctors ever run afoul of the state
medical board. Over the past two fiscal years, the board has revoked or accepted
the surrender of fewer than 200 medical licenses. More commonly, the board
issues public reprimands, puts a doctor's license on probation, or revokes the
license but then suspends the revocation while the doctor takes classes or works
under restrictions.
Public Citizen (www.citizen.org) says California has one of the worst rates in
the country for taking serious disciplinary action against doctors, even though
it has one of the best websites for consumers. Of the 6,000-plus complaints the
medical board has gotten annually in the past two years, it has opened
investigations into about one- sixth of them. It rejected the rest after
deciding that they lacked merit or the board lacked jurisdiction. It issues
formal accusations against around 240 doctors each year. Fellmeth, who has spent
24 years monitoring regulatory boards in California, including the medical
board, recalls that 'when I first started looking at it, that board was owned
by, dominated by and listened only to the California Medical Association.'
Today, she said, it defers less to doctors, moves slightly faster, and has
dramatically improved how much information it releases to consumers. What
is harder to determine, she added, is whether it is policing doctors any more
effectively than it did years ago. "You have to be pretty bad" in California to
face a formal accusation from the medical board, Fellmeth said. Once accused,
she added, "if the doctor shows up at the hearing, unless there is a history of
prior violations, it's very rare to see the medical board revoke a license
outright."
Every case is different, but things that can cost a doctor his or her license to
practice include sexual misconduct, mental or physical illness, substance abuse
and insurance fraud, said board executive Whitney. Things that more commonly
result in lesser penalties include record-keeping problems and some ethical
issues, she said. The California Medical Association wishes the medical board
would not release its formal accusations, and instead make records public only
when it takes final action against a doctor, said Dr. Dev GnanaDev, the
association's immediate past president. Other than that, he said, the
association and the board agree on most issues. "The medical board is there for
public protection. We all know that," GnanaDev said. [Source: Sacramento Bee
Medical news Carrie Peyton Dahlberg article 12 Jul 2010 ++]
Vet Toxic Exposure ~ Malathion: The Vietnam Veterans Association Agent
Orange/Dioxin Committee released its report on Malathion. This is the name of an
organophosphate insecticide used in Vietnam to combat mosquitoes.
Organophosphates were first developed in the late 1930s by Nazi Germany as
chemical warfare agents (nerve gas). VX nerve gas and Sarin gas are well-known
examples. Organophosphates operate on humans and insects in a similar fashion by
attacking the nervous systems. During the Vietnam War, large numbers of troops
came down with malaria. To kill the mosquitoes that carried the disease, the
Department of Defense converted aircraft that were spraying Agent Orange to the
spraying of Malathion. This was the start of Operation Flyswatter. Many Vietnam
veterans recall the non-camouflaged aircraft flying over their positions—shortly
after dawn or just before dusk—covering them with a mist. Three silver ―Bug
Birds‖ were used in Operation Flyswatter. Many connected those flights with the
spraying of Agent Orange. It is now known that, in those cases, veterans were
subjected to Malathion and its more potent form, Malaoxon. These were not just
one-time missions. Every nine to eleven days, weather permitting, the planes
re-sprayed the areas. The spray operation created recurring chemical exposures
for Vietnam veterans.
What are the health risks of these spray operations and what are the combined
and synergic effects of Malathion with other exposures such as Agent Orange?
These questions have not been addressed. We know that a MAR 08 study shows that
organophosphates including Malathion significantly increase the risk of
Parkinson’s disease. Knowing that organophosphates work on the nervous systems,
the diseases of the central and peripheral nervous system become prime areas of
concern. This is a fresh chemical exposure area for Vietnam veterans to explore
as they seek answers to their many health issues. The VVA Agent Orange/Dioxin
and Other Toxic Substances Committee also will be researching this area. You can
read their full report on this operation at www.scientificjournals.com/sj/espr/Pdf/aId/10482
If you have additional questions about malathion or the health effects from
spraying, contact the New York State Department of Health's Environmental Health
Information Line at 1(800) 458-1158, extension 27530.
The Vietnam Veterans Association Agent Orange/Dioxin Committee is tasked with
accumulating and disseminating information regarding Agent Orange and Dioxin and
actively pursuing the recognition of presumptive disabilities from exposure to
Agent Orange and Dioxin by the Department of Veterans Affairs. The Committee
shall provides assistance to State Councils, Chapters, and service programs in
the handling of Agent Orange related problems. The Committee shall encourage and
foster the sponsorship of legislation to help the victims of Agent Orange and
Dioxin, and encourage scientific and medical research in the field of
dioxin-related ailments." [Source: VVA National Committee Chair Alan Oates
article Nov/Dec 09 ++]
VA Pension Update 02: A Navy veteran whose VA pension was canceled because he
received an insurance settlement after he and his service dog were hit by a
truck is the poster child for legislation to change eligibility rules regarding
pensions for low-income veterans. Kerry Scriber of West Palm Beach, Fla., said
in an interview that he and his dog were injured and his VA-provided wheelchair
damaged when he was struck while crossing the street in March 2008. Scriber, a
former petty officer second class who served from 1974 to 1979, said the dog
received minor injuries and quickly recovered, but he suffered broken bones in
his face and pelvis. The wheelchair he needed to get around because of his
muscular dystrophy was destroyed. Scriber said he received two checks from the
driver’s insurance company, one covering the cost of the wheelchair and a second
for $10,000 that covered pain and suffering and miscellaneous expenses. He
turned over the check for the wheelchair to the Veterans Affairs Department,
which provided him with another chair. He also reported receiving the $10,000
settlement, as he was required to do as a recipient of a pension provided to
low-income veterans. Although his disability is not connected to his military
service, he was receiving the pension because he is totally disabled and his
income was less than $11,000 a year. Two days after he notified VA of receiving
the insurance payment, Scriber was informed his pension was being terminated
because the settlement put his annual income over the eligibility threshold. It
took more than a year for Scriber to re-qualify for the pension, a process he
said could have taken much longer had he not asked his congressman, Rep. Alcee
Hastings, D-Fla., for help. ―I know of other people who lost their eligibility
and it took four or five years to reapply,‖ Scriber said.
In response Rep. Alcee Hastings (D-FL) introduced the Veterans' Pensions
Protection Act (H.R.4541) to exempt reimbursement of expenses related to
accidents, theft, loss or casualty from being counted as income when determining
if a veteran qualifies for pensions that are provided to those living below the
poverty line who are not eligible for veterans’ disability compensation. The
bill would require VA to determine whether insurance payments exceed the cost of
medical care and either the fair market value or reasonable replacement value of
lost or damaged items, and to come up with a way to decide on a case-by-case
basis how much of a settlement or court award for pain and suffering should not
count as income. ―There is clearly something wrong with a law that cancels
veterans’ pensions for a whole year following the award of an insurance payment,
which was only intended to cover exceptional medical expenses,‖ Hastings said1
JUL when his bill was considered by the House Veterans’ Affairs Committee’s
disability assistance panel. Similar legislation is pending before the Senate
Veterans’ Affairs Committee.
The Senate bill, S.3352, is sponsored by Sen. Jon Tester (D-MT). Tester’s office
issued a statement saying the senator’s interest in the bill came after he was
contacted by someone facing the loss of a veterans’ pension if they received a
settlement from a malpractice claim resulting from treatment provided by a VA
doctor. Tester’s aides declined to provide more details on the veteran, citing
privacy concerns. A statement from Tester, issued 12 MAY, as he introduced his
bill, said, ―It’s a matter of fairness that veterans shouldn’t be forced to
choose between their pensions or compensation for wrongful injuries. These folks
have earned their health benefits by putting their lives on the line for our
country. It’s the right thing to do to make sure their pensions aren’t
threatened through no fault of their own.‖
Passage of the Hastings’ and Tester’s legislation is not a sure thing, because
while some veterans service organizations support the change, there is
opposition. Rick Weidman of Vietnam Veterans of America says the legislation is
a good idea. ―The VA practice of including all funds received from any sources,
including one-time restitution of property for theft or fire, as income for
those on nonservice-connected pension from VA was never a particularly wise one,
and was often seen as just plain perverse and mean-spirited,‖ Weidman said. VA
doesn’t mind that the legislation would exempt reimbursement of actual expenses
from being counted as income but it doesn’t want payments for pain and suffering
to be excluded. Thomas Pamperin, VA’s associate deputy undersecretary for policy
and program management, said at the 1 JUL hearing on Hastings’ bill that the
whole idea of pensions for low-
income veterans was to provide help to those in need. Payments for pain and
suffering are available for veterans to spend, he said.
Veterans of Foreign Wars are concerned about the details. Eric Hilleman, VFW’s
national legislative service director, said VA lacks the expertise to determine
the proper value of damaged or lost items, which would be part of the required
calculations. Trying to figure out the right amount would ―further delay and
complicate a relatively simple benefit,‖ Hilleman said. Veterans’ pensions go to
those with limited incomes who are either permanently and totally disabled, or
are 65 and older. How much they receive is based on how much money they have and
their number of dependents. For example, single veterans with no dependents are
eligible if they have less than $11,830 in annual income, with several
exclusions for what counts as income. If they receive less than $11,830, VA
provides a monthly pension that brings their total pay to that level. The income
caps rise for those with dependents and for those who need aid and attendance
for daily activities, such as dressing, eating and bathing. Exclusions for
certain types of income already exist in current law, including veterans
education benefits, Social Security disability benefits, and insurance payments
that directly reimburse medical expenses. [Source: ArmyTimes Rick Maze article 9
Jul 2010 ++]
Consular Fees: In order to cover increasing costs of providing highest-quality
service for American Citizen’s Services and Immigrant Visa applications, the
U.S. Department of State changed certain fees worldwide beginning 13 JUL 2010.
The revised fees will cover actual operating expenses for the 301 overseas
consular posts, 23 domestic passport agencies and other centers that provide
these consular services to U.S. and foreign citizens. The 27 adjusted fees are
based on a Cost of Service Study completed by the Bureau of Consular Affairs in
June 2009. The study, which was the most detailed and exhaustive ever conducted
by the U.S. Department of State, established the true cost of providing these
consular services, which the Department recovers through the collection of fees.
Six of the fees decreased but the remainder increased from 10% and 593%.
Embassies will immediately begin collecting the new fees for appointments made
for July 13 or later. The Department of State published its new Schedule of Fees
for Consular Services in the Federal Register on 28 JUN 2010. The changes to the
schedule, which include fees for the passport, immigrant visa and other consular
services, were implemented on 13 JUL 2010. For a complete listing of the new
fees refer to the attachment to this Bulletin or at www.travel .state.gov.
[Source: Office of the Spokesman Washington, DC 1 Jul 2010 ++]
National Commission on Fiscal Responsibility & Reform: More than 90 "public
comment" witnesses were invited to appear 30 JUN before the National Commission
on Fiscal Responsibility and Reform. They came from a variety of interest groups
and think tanks, liberal and conservative. Many were economists and policy
experts but private citizens also testified. Each got four minutes unless their
comments sparked a dialogue with commissioners. Most of the focus was on
controlling Medicare, Medicaid and Social Security costs, and whether and how to
raise taxes. ―There’s a fundamental difference between social insurance programs
open to every American and military benefits earned by decades of service and
sacrifice,‖ Steve Strobridge, director of government relations for the Military
Officers Association of America, told the commission. Carl Blake, legislative
director for Paralyzed Veterans of America, conceded the country ―faces a very
harsh reality‖ of rapid federal spending growth that ―appears unsustainable. And
yet PVA is here today to emphasize why continued growth in federal spending for
(veterans) is imperative.‖ Not every witness was keen on maintaining the status
quo for military retirees or veterans.
• Will Marshall, president of the Progressive Policy Institute, in his written
statement said
―no program
should be exempted from new constraints of fiscal discipline, including
defense.‖ He referred to
Congressional Budget Office options that included higher ―military health care
premiums and deductibles‖ that would save $6 billion to $8 billion annually.
• Maya MacGuineas, president of another non-profit, the Committee for a
Responsible Federal Budget, endorsed a revised method of calculating
cost-of-living adjustments for federal entitlements. The so-called ―superlative‖
Consumer Price Index would end what some economists contend is an upward bias to
the current CPI that allows COLAs to exceed annual inflation.
• The most heated exchange occurred between retired Sen. Alan Simpson (R-WY) the
commission’s co- chair, and Grover Norquist, president of Americans for Tax
Reform. This organization, Simpson noted, threatens politicians with brief
careers if they don’t sign a pledge not to raise taxes. But Simpson pointed out
that Norquist’s ―idol,‖ Ronald Reagan, had signed into law cumulative tax
increases of $132.7 billion during his eight years as president. Because Reagan,
above all, was a realist, said Simpson.
Erskine Bowles, the Commission's other Co-Chairman and former Chief of Staff to
President Clinton, said the commission sought any ideas that might support the
president’s goal of ending deficit spending, except for interest payments on the
rising national debt, by the year 2015. Meeting that target will require finding
$250 billion in deficit savings for just that budget year alone. ―President
Obama made it clear that no one should be surprised next year when he brings
forward recommendations that have real budget cuts in them,‖ Bowles said. ―I
expect we will make those recommendations to him (to) reduce the cost of
entitlements and help restore our nation’s long-term fiscal
strength.‖ No recommended spending cuts or tax increases would occur before
fiscal 2012, Bowles said. But solutions must be found and adopted to the stem
the rising tide of red ink that threatens disaster for future generations. ―If
we don’t restore some fiscal sanity around here,‖ Bowles said, ―we are going to
go broke. I know that’s not a word people like to use but it happens to be true.
We face the most predictable economic crisis in history. And if we stay on
automatic pilot, the debt we are accumulating will be like a cancer, and it will
definitely destroy this country from within.‖
Simpson had served on a previous commission on entitlement reform, in 1993-94,
and he co-sponsored a bill to apply a means test to entitlement COLAs, including
for military retirees. Only those retirees drawing the lowest 30% in income
would have gotten a full COLA each year under Simpson’s bill, which never passed
the Congress. Means testing military retiree COLAs, Strobridge argued before the
new commission, ―would be a counter-productive performance penalty‖ because it
would hurt those who had won promotion or served long careers. Strobridge
acknowledged a period of rapid growth in military personnel costs aimed at
addressing a pay gap, repairing a misguided cut in retirement for new entrants
after July 1986 and restoring lost health care benefits to older military
retirees. That time of rapid growth ―is behind us, and we won’t see major new
fixes in the years ahead,‖ Strobridge said. ―MOAA isn’t saying that (military)
health fees should never be increased,‖ Strobridge said. ―But comparing only
military versus civilian cash fees ignores that military people pay far higher
premiums than any civilian — but they pay them up front and in kind through
decades of service and sacrifice. MOAA believes that should be acknowledged by
limiting the percentage fee increase in any year to the percentage growth in
pay.‖
President Obama created the bipartisan National Commission on Fiscal
Responsibility and Reform to address our nation's fiscal challenges. The
Commission is charged with identifying policies to improve the fiscal situation
in the medium term and to achieve fiscal sustainability over the long run.
Specifically, the Commission shall propose recommendations designed to balance
the budget, excluding interest payments on the debt, by 2015. In addition, the
Commission shall propose recommendations that meaningfully improve the long-run
fiscal outlook, including changes to address the growth of entitlement spending
and the gap between the projected revenues and expenditures of the Federal
Government. The Commission meets as a whole once a month while Congress is in
session. They will vote on a final report containing a set of recommendations to
achieve its mission no later than 1 DEC 2010. The final report will require the
approval of at least 14 of the Commission's 18 members. [Source: Jacksonville
Daily News Tom Philpott article 9 Jul 2010 ++]
DBIDS Update 01: The Defense Biometric Identification System (DBIDS) is a
physical access control system that is used by the Department of Defense (DOD)
to manage personnel, property and installation access. The Coast Guard does not
use DBI DS to manage access to Coast Guard facilities; however, you may be
required to register in DBIDS if you access one of the DOD installations that do
use it. The DBIDS program registers and maintains a database of ALL Department
of Defense identification card or common access card holders requiring access to
an installation and is currently installed at 27 DOD installations in the
continental United States. ALL personnel will include active duty, reservists,
civilians, contractors, dependents, retirees, and visitors. During registration,
D BIDS will capture and store your digital photograph and biometrics. Once you
are registered, a hand¬held device that scans the bar code on the Department of
Defense identification card or common access card will allow the gate guard to
view personal identifying information and whether or not you are authorized to
enter the base. If you are required to register in the DBIDS program at an
installation, you will be told where to go to register by the gate guard.
Additional information:
• The Civilian Retiree ID card cannot currently be used for registration and
access because the card does not have the bar code required. A DBIDS card will
be issued for eligible Civilian retirees.
• Some installations using DBIDS have experienced difficulties registering some
of the older Teslin cards (blue retiree, red reserve, etc) because of the way
the data in the barcode was stored. If you are required to register in DB IDS
and have one of these older cards, you may need to have a new Teslin ID card
issued. The RAPIDS Site Locator can be used to find the RAPIDS ID card issuing
facility closest to your location . http://www.dmdc.osd.mil/rsl/owa/home
• Children under the age of 10 that have not yet been issued a DOD dependent ID
card may be issued a DBIDS card if required by the installation.
• Questions regarding DBIDS requirements should be directed to the local
installation (Visitor Center, Pass & ID Office, etc).
[Source: The Coast Guard/NOAA Retirees’ Newsletter Issue 3/2010 Jul 2010 ++]
Military Discounts Update 03: Blue Star Museums is a partnership among Blue Star
Families, the National Endowment for the Arts, and more than 750 museums in all
50 states to offer admission at no charge to military personnel and their
families from Memorial Day, 31 MAY thru Labor Day 6 SEP 2010. The admission
program is available to any bearer of a Geneva Convention common access card (CAC),
a DD Form 1173 ID card, or a DD Form 1173-1 ID card, which includes active duty
military (Army, Navy, Air Force, Marines, Coast Guard), National Guard and
Reserve members and up to five immediate family members. For a listing of
museums, what they have to exhibit, contact info, hours of operation, and
locations refer to www.arts.gov/national/bluestarmuseums/index.php. [Source:
NAUS Weekly Update 9 Jul 2010 ++]
Fit but Unsuitable Discharge: One would think that when a physical evaluation
board (PEB) examines a servicemember’s medical condition and deems him or her
―fit for duty,‖ the meaning of that term would be self-evident. One also would
think that, several years in the wake of media exposure of grievous treatment of
wounded warriors and low-balled disability ratings that resulted in separation
of severely injured servicemembers with no retirement or medical benefits, that
wouldn’t be happening anymore. However, all too often, MOAA learns of cases in
which soldiers, sailors, airmen, and Marines with significant, service-connected
medical conditions are
evaluated by PEBs and found fit for duty — only to be administratively separated
or barred from reenlistment as ―unsuitable‖ for continued service based on the
same medical condition. According to DoD regulations, there are certain
specified medical conditions that warrant separation for unsuitability —
enuresis, incapacitating fear of
flying, personality or adjustment disorders, substance-abuse disorders,
etcetera. But the services have expanded use of this provision far beyond what’s
authorized in DoD regulations, separating servicemembers for far more serious
medical conditions that are compensable under VA disability ratings, which the
services are supposed to be using to assess disability versus fitness for duty.
In many cases, a servicemember’s administrative separation is based on his or
her limited deployability as a result of the medical condition. In other cases,
the separation documents simply assert the medical condition renders the
servicemember ―unsuitable‖ for service — even though the PEB evaluated the same
condition (including deployability limitations) and found that servicemember fit
for duty. In many instances, a separated servicemember has been awarded a very
high disability rating by the VA for the same condition immediately after
separation. MOAA strongly believes this process is a gross miscarriage of
justice. If a person has a seriously disabling medical condition (warranting a
30% or higher disability rating under VA rules), then the person should be
medically retired. If a PEB evaluates a condition (including deployability
limits) and finds it doesn’t render the person unfit for duty, then he or she
shouldn’t be subject to administrative separation for the same medical
condition. This practice was highlighted by MOAA to the House and Senate Armed
Services committees who were urged to take action to stop it. Subsequently, the
House committee demanded a DoD report on the issue, asserting it is
―fundamentally unfair and inconsistent with the disability evaluation system
reforms that have been enacted in recent years.‖ The Senate committee went
further, putting a provision in its version of the FY 2011 Defense Authorization
Act that would bar the services from administratively separating servicemembers
for medical conditions other than those explicitly authorized by DoD
regulations. [Source: MOAA Leg Up Steve Strobridge article 9 Jul 2010]
HVAC Update 12: At a 1 JUL House Veterans' Affairs Subcommittee hearing,
Chairman John Hall (D- NY) and Ranking Member Doug Lamborn (R-CO) endorsed Rep.
Tim Walz' bill (H.R.3787) to accord veteran status to Guard and Reserve retirees
who were never called to active federal service during their military careers.
Although entitled to military retired pay, TRICARE (at age 60) and a number of
veterans' benefits, career reservists are not veterans under the law unless they
have been activated under federal orders. Rep. Walz is the highest- ranking
enlisted soldier ever to serve in Congress. He attained the rank of Command
Sergeant Major during his National Guard career and was deployed. Members of the
Military Coalition TMC) offered testimony at the hearing strongly supporting the
bill. A VA government witness testified that an amended version of the bill
would not qualify the reserve retiree cohort to any unearned veterans' benefits.
But the witness fretted that the government still objected to the bill because
it would change the concept that only federal active duty should count for
veteran status. As more and more members of the Guard and Reserve prepare for
call-ups and continue to perform homeland defense missions in non-federal status
- securing ground zero in Manhattan and at the Pentagon on Sept. 11, 2001,
conducting counter-drug and border security missions, responding to Katrina and
the BP oil spill, and preparing forces for deployment. TMC maintains that all
who served a full Guard or Reserve career should be declared veterans of our
nation's Armed Forces. The Disability Assistance and Memorial Affairs (DAMA)
panel also took testimony on other legislation that would:
• Protect veteran pension payments from being offset by private insurance
settlements related to accidents, theft, other losses and medical expenses from
such causes (H .R.4541)
• Increase aid and attendance rates for severely injured veterans, qualify
severely burned veterans for adaptive housing and auto grants, expand aid and
attendance for veterans with traumatic brain injury, and increase the Medal of
Honor service pension (H.R.3407)
• Permit a waiver of the 120-day timeline to file with the Board of Veterans'
Appeals in exceptional circumstances (H .R.5064)
• Allow veterans with fully developed claims to waive the lengthy VA
"development period" and receive an earlier decision (H.R.5549) [Source: MOAA
Leg Up 9 Jul 2010]
Mobilized Reserve 06 JUL 2010: The Department of Defense announced the current
number of reservists on active duty as of 6 JUL 2010. The net collective result
is 2,393 fewer reservists mobilized than last reported in the 1 JUL 2010 RAO
Bulletin. At any given time, services may activate some units and individuals
while deactivating others, making it possible for these figures to either
increase or decrease. The total number currently on active duty from the Army
National Guard and Army Reserve is 90,999; Navy Reserve, 6,354; Air National
Guard and Air Force Reserve, 17,111; Marine Corps Reserve, 5,223; and the Coast
Guard Reserve, 790. This brings the total National Guard and Reserve personnel
who have been activated to 120,477 including both units and individual
augmentees. A cumulative roster of all National Guard and Reserve personnel who
are currently activated may be found at http://www.defense.gov/news/d20100706ngr.pdf
. [Source: DoD News Release No. 585-10 dtd 7 Jul 2010 ++]
Passport Obtainment ~ U.S. Update 04: The Citizenship and Passport unit of the
Manila
Embassy’s Consular Section provides services for first time passport (with proof
of U.S. citizenship), renewal,
replacement passport, additional pages; and application for Consular Report of
Birth Abroad and citizenship.
Obtainment options are:
• The U.S. Embassy has partnered with a local courier Air21/FedEx to provide
blank forms, to pick up completed forms and documents (and deliver them the
Embassy), and to deliver completed passports to most locations in the
Philippines for a nominal fee. To receive blank application forms and a list of
requirements, you may contact Air21/FedEx Courier Service at Tel: (02) 879-4747
between 7:30 a.m. and 4:30 p.m., Mondays through Fridays, except American and
Philippine holidays. Forms are also available at the Embassy (American Citizen
Services Section) or can be downloaded via the U.S. Embassy website:
manila.usembassy.gov.
• Alternatively, completed application forms may be submitted via regular mail
to: Citizenship and Passport Unit, American Citizen Services, Consular Section,
U.S. Embassy, 1201 Roxas Blvd., Manila . Once the application and supporting
documents are received at the Embassy, the Embassy will advise the applicant
when to come to the Embassy for a personal interview appointment.
• Application for a renewal of U.S. passport may also be filed personally (as
walk-in) at the U.S. Embassy in Manila (between 7:30 a.m. and 8:30 a.m. ONLY,
Monday through Friday - no walk-ins on every last working day of the month) or
American Consular Agency in Cebu (basement of Waterfront Hotel – Lahug City –
between 9:00 a.m. and 11:00 a.m. Monday through Friday, except holidays).
All passport applications are reviewed and processed only at the U.S. Embassy in
Manila. For applicants seen at the American Consular Agency in Cebu, it may
still be possible for them to be invited to the U.S. Embassy in Manila , for
further interview, if necessary. Please note that walk-in applicants at the U.S.
Embassy in Manila may have to wait longer before they can be seen by the
consular officer. Priority is given to those with pre-scheduled appointments.
The payment for passport should be made after the application is received at the
Embassy and/or after notification from the passport processor of the case from
the U.S. Embassy. U.S. passport fee payments may be made by the applicant, or
his/her representative, at the U.S. Embassy in Manila, Window D, American
Citizen Services, between 7:30 a.m. and 11:00 a.m., Monday through Friday,
except on U.S. and Philippine holidays or at the American Consular Agency in
Cebu (basement of Waterfront Hotel – Lahug City – between 9:00 a.m. and 11:00
a.m. Monday through Friday, except holidays). Cash payments mailed directly to
the Citizenship and Passport Unit, American Citizen Services, Consular Section,
U.S. Embassy, 1201 Roxas Blvd. 1000 Manila, will be accepted. Unfortunately, the
U.S. Embassy cannot assume any responsibility for payments sent to them.
Payments may be made in cash (in person at the Embassy or via mail) or via
credit card with visa, mastercard and AmEx logos (in person only at the
Embassy). U.S. Traveler’s cheque (should be at least 60% of the amount to be
paid) is also acceptable. Note that the actual conversion rate of dollar to peso
will be determined at the US Embassy in Manila . The attached U.S. Passport
Renewal Requirements Checklist is provided for your reference. [Source:
Citizenship and Passport Unit, American Citizen Services, U.S. embassy Manila
Philippines Jul 2010 ++]
VA Women Vet Programs Update 12: The Department of Veterans Affairs opened
registration on 8 JUL for a women Veterans forum that will address the quality
of VA health care, the provision of benefits for women, and ways for VA to
continue improving access to the care and benefits for women Veterans. "The VA
forum will bring advocates for women Veterans together to learn about VA
services and to share valuable information with each other," said Secretary of
Veterans Affairs Eric K. Shinseki. "The forum will also give Veterans' advocates
the tools they need to help build women Veterans networks and communities
throughout VA." Shinseki and VA department heads will attend the forum on 28 JUL
at the Women's Memorial in Arlington, Va. Because of anticipated demand,
available seats will be filled on a first-come, first-served basis, and
confirmed registrants will be notified by email once registration is filled.
Registration-through the Center for Women Veterans by e-mail at 00W@va.gov --
closes when either all seats are filled or no later than 16 JUL.
The Forum will run from 07-1500, with morning presentations and an afternoon
information marketplace in which participants are invited to move through the
gallery and gather resources and materials provided by VA program offices,
Veterans Service Organizations and advocacy organizations. There will also be an
afternoon screening of the updated "Lioness" documentary film. VA's women
Veterans health conference held earlier in the month will help inform the Forum
with the most up-to-date information available from VA's health care system.
Presentations from the event will be made available online. Feedback about this
event and announcements on future events will be available to Forum
participants. For more information contact the Center for Women Veterans at
(202) 461-6193 or by e-mail at 00W@va.gov. VA has undertaken major initiatives
to transform the department to meet the unique health care needs of women
Veterans and provide the best quality care at every VA medical center. In
addition, the agency is working to shorten the delays for claims processing,
improve access to VA health services for minority and rural Veterans, end
Veteran homelessness, and ease the transition back to civilian life. There are
about 1.8 million women Veterans among the nation's total of 23 million living
Veterans. VA estimates women Veterans will comprise 10.5% of the Veteran
population by 2020. [Source: VA News Release 8 Jul 2010 ++]
Vietnam Veterans Memorial Update 07: The newly refurbished Three Servicemen
Statue at
the Vietnam Veterans Memorial was unveiled 8 JUL after six weeks of restoration.
"This is a very noteworthy event," said Jan Scruggs, founder and president of
the Vietnam Veterans Memorial Fund. "It's very noteworthy for the history of the
Vietnam Veterans Memorial, [and] it's really a notable event for our nation's
Mall and the maintenance and preservation of our nation's Mall." The statue was
created by sculptor Frederick Hart. Nearly 26
years after its original unveiling in 1984, weather damage and age had taken a
toll on the statue. Parts of the uniforms, weapons, hands and noses of the
statue sustained some corrosion and deterioration. The restoration was done in
place, and it repaired oxidation damage and added a new patina coating and wax.
During restoration, the statue was protected by a wooden enclosure with three
seven-foot-tall windows that allowed tourists to view progress. "Almost 26 years
later, we're here to rededicate the statue and pledge our continued care," said
Scruggs, a Vietnam War veteran.
The statue sits on the Vietnam Veterans Memorial site about 200 feet away from
and facing the Vietnam War Memorial Wall. It depicts three servicemembers – one
Hispanic, one black and one white - and represents the more than 58,000 fallen
servicemembers memorialized on the wall, Scruggs said. "There's a sense of
artistic and dynamic tension as the servicemen gaze at the sea of names on the
wall," Scruggs said. "Over the years, people have noted that it seems almost as
if the servicemen are looking to see if their own names or the names of their
friends are on the wall." Hart's widow, Lindy, was recognized at the ceremony
for her husband's work. Hart was the only person "who had the extraordinary
talent we were looking for and who would design the statue in such a way as to
complement the memorial," Scruggs said. Hart often is referred to in the
artistic community as America's Michelangelo, Scruggs said, noting his other
famous work, the Creation sculptures on the west façade of the Washington
National Cathedral. "It is really not an exaggeration to refer to him in that
manner," Scruggs said. "He was really that good, ... as good as any of the
masters in sculpture throughout the history of the world."
One of Hart's models for the Three Servicemen Statue, William Smith, 50, of
Virginia, was present and recognized at the ceremony. Smith's likeness was
captured in the Cuban-American servicemember on the right side of the statue,
carrying a .60-caliber machine gun over his shoulder. Smith was the only model
who didn't serve in the military. The other two were members of the Marine Corps
Honor Guard and, at the time, were stationed at Henderson Hall Marine Barracks
in Arlington, Va. Although Smith never served, he said, he's honored that his
likeness helps to represent "some of the greatest Americans to ever serve.
Retired Army Brig. Gen. George Price, an advocate for the statue's creation in
the early 1980s, and John Piltzecker, National Mall and Memorial Parks
superintendent, also attended the ceremony. "The National Park Service is
certainly pleased that the Three Servicemen Statue has been restored to reflect
the artist's intent," Piltzecker said. "We will continue to work with our
partner, the Vietnam Veterans Memorial Fund, to maintain the statue for all to
enjoy."
The restoration project cost about $25,000. The funds were raised by a National
Park Service share grant and an in- home fundraiser by Lindy Hart. Individual
contributions also were made. New Arts Foundry of Baltimore did the restoration
work. The project is part of a maintenance and restoration program by the
Vietnam Veterans Memorial Fund to assist the National Park Service in site
upkeep. [Source: AFPS Michael J. Carden article 8 Jul 2010 ++]
VA Service Dogs: A new report by the Veterans Affairs Department Inspector
General says VA should be doing more for veterans whose lives could be improved
with help from service dogs. Eight years after receiving approval to help pay
for dogs to assist veterans with mobility problems, seizure disorders or other
disabilities, a report released 7 JUL says VA has approved only eight requests.
VA officials, speaking on the condition of anonymity, said VA supports providing
service dogs for veterans with physical and hearing issues, and does so on a
case-by-case basis. Relaxed policies that might make service dogs more widely
available are under review, but rule changes take time, officials said. ―It is
unacceptable not to exercise the authority given to them to improve the quality
of veterans’ lives,‖ said Christina Roof of AmVets, a group that has been
pushing the issue for years. When service dog benefits are provided, VA does not
pay for the dog nor its training, but veterinary bills, vaccinations and
treatments for fleas and ticks are covered by VA. In some cases, a veteran can
be reimbursed for food if a dog is on a medically ordered diet.
The eight service dog requests were approved, all in the last two years, only
after VA conducted three research projects. Another project is just getting
under way to determine if a veteran with post-traumatic stress or some other
mental disorder might benefit from having a canine assistant. The report from
the VA inspector general says officials do not expect a decision based on that
study before JUL 2011. It is not known how many veterans might have been helped
if VA had moved faster, but it is clear that the agency’s policy has — at least
until recently — been one of denying requests for benefits unless all other
options are first considered. Roof said VA seems to assume that few veterans are
interested in the benefit, but the IG report shows at least 72 veterans received
service dogs on their own, without VA’s help. Service dogs are different from
trained guide dogs. Service dogs are taught to help a disabled owner carry out
specific tasks, like pulling a wheelchair, picking up objects or alerting him
when a seizure is about to happen.
Since late last year, VA has tried to be more accommodating to requests, the
report said, and has been spreading the word among health care workers and
veterans service organizations that service dog benefits are available — but
this does not seem to be very effective. ―We found that knowledge and use of
service dogs at VA medical centers was still incomplete and inconsistent,‖ the
report says. ―Interviews with VA medical center staff found that these recent
efforts had not completely filtered down to all staff.‖ The IG report notes
inconsistencies, saying it dfound that a veteran with epilepsy received benefits
in January for a seizure alert dog when officials and the Indianapolis VA
Medical Center determined this was a ―reasonable treatment option.‖ But another
veteran in Washington, D.C., with the same condition was denied an alert dog
during the same month because his request was deemed to ―not meet criteria for
VA support,‖ the report says. [Source: ArmyTimes rick Maze article 7 Jul 2010
++]
VA Lawsuit ~ Disability Claim Rejections: A Louisiana veterans advocate 6 JUL
accused the
Court of Appeals for Veterans Claims of rejecting many valid disability claims.
"Veterans are not being treated fairly," said Paul Labbe, who heads the
Louisiana Veterans Advocacy Group of Lake Charles. He also said he fears that a
civil rights lawsuit alleging improper treatment by a doctor at the VA
Alexandria Medical Center in Pineville will be thrown out if a federal judge
accepts the arguments of Veterans Affairs lawyers. A filing by government
lawyers argues that the suit doesn't meet the criteria for a civil rights case
and shouldn't be allowed to continue to trial. Members of Congress have been
looking at the issue of rejected disability claims after Assistant U.S.
Solicitor General Anthony Yang admitted during a Supreme Court hearing in FEB
2010 that between 50% and 60% of veterans disability cases are mishandled by the
Department of Veterans Affairs. Chief Justice John Roberts was surprised by the
admission. "Well, that's really startling, isn't it?" Roberts said. "In
litigating with veterans, the government more often than not takes a position
that is substantially unjustified?" Labbe said the Court of Appeals for Veterans
Claims continues what he called the injustice of rejecting the vast majority of
appeals by veterans denied disability benefits by the VA. "Veterans aren't
getting any justice at this court," Labbe said at a news conference outside the
court's Washington, D.C., headquarters.
In 2007, a Harvard University study said it takes the Department of Veterans
Affairs an average of six months to process a disability claim, and the appeals
process takes a little less than two years. Because many veterans applying for
disability benefits are elderly, many die before a final decision is rendered,
the study said. The House Veterans Affairs Committee heard testimony last week
about legislation that would give veterans more time to file appeals. Rep. John
Adler (D-NJ) discussed the case of Korean War veteran David Henderson, a
diagnosed schizophrenic, who was denied a hearing because his appeal was filed
15 days past the 120-day deadline set by the court. His disability, Henderson
said, made it impossible for him to get the papers together in time to meet the
court's deadline. "The veterans' claims process is extremely difficult to
navigate, especially when doing so without the aid of an attorney or while
suffering from a mental disability," Adler said. Rep. Alcee Hastings (D-FL) said
he was distressed to hear about a veteran in his state who was cut off from his
veterans' pension for a year, two days after he
voluntarily disclosed that insurance was paying some medical costs resulting
from an accident in which an automobile struck his wheelchair, knocking him head
first against the pavement. Given that it takes many months to qualify for
benefits, Hastings said he found it disturbing that someone could be cut off
benefits in just two days. "This means that the law effectively punishes
veterans when they suffer from such an accident or theft," Hastings said.
[Source: Times-Picayune Bruce Alpert article 6 Jul 2010 ++]
Aid & Attendance Update 04: A health care company has agreed to pay back nearly
$70,000 to local veterans and their families in connection with a civil
settlement with the Massachusetts State Attorney General’s office. Complaints
about heavy-handed and deceptive marketing tactics by Homewatch Caregivers arose
in 2007 initiating an investigation, culminating recently in the restitution
agreement. However, a public relations consultant for the local company said the
West Springfield entity simply used a marketing plan pitched by their national
parent company, which bought into a format by Horizon Care, also a national
vendor. The local company feigned being an arm of the U.S. Veterans
Administration and offered local veterans a middle man to access ―Aid and
Attendance‖ benefits to which they are already qualified. The benefit allows for
ailing vets and their spouses to receive home-based care to assist in eating,
bathing, dressing and similar needs. In some cases, Homewatch assisted consumers
in getting those services but would at times collect too much or represent that
veterans needed to go in to their own pockets for Homewatch’s services. The
company will not face criminal charges, Attorney General Martha M. Coakley said.
―We believe their marketing was unfair and deceptive but not necessarily
criminal,‖ she said, adding that 18 consumers will receive settlements ranging
from $500 to $14,000.
Peter and Judy Yaffe, owners of the company, issued a prepared statement in
response to a press release by Coakley’s office. ―We regret that some of the
information supplied to us by Horizon Care Coordinators, consultants to the
parent company Homewatch International, and shared with area veterans by our
office staff was inaccurate. P.J. Care of Western Massachusetts (Homewatch
Caregivers) has been in business since 2002 providing exceptional home care to
hundreds of area residents in the area of senior, post surgical and chronic
condition care. We remain committed to high quality home care provided by
experienced and trained caregivers in helping people in Western
Massachusetts.‖ The statement continued, ―Information about (the Aid and
Attendance) program was supplied by our national franchiser, Homewatch
International and Horizon Care Coordinators ... As a result of this, in 2007,
P.J. Care joined with Homewatch International and 14 other national franchisees
in successfully suing Horizon Care Coordinators for the misleading and false
information they provided and that we, and their national franchisees,
unwittingly shared with area veterans.‖ Coakley said her office has focused on
Internet insurance card scams and similar fraud since state-mandated health
insurance was initiated. Veterans can check their eligibility for the Department
of Veterans Affairs Aid & Attendance program at www.vba.va.gov/bln/21/pension/vetpen.htm#3
. [Source: www.Mass.live.com Stephanie Barry article 8 Jul 2010 ++]
PTSD Update 50: The government is preparing to issue new rules that will make it
substantially easier for veterans who have been found to have post-traumatic
stress disorder to receive disability benefits, a change that could affect
hundreds of thousands of veterans from the wars in Iraq, Afghanistan and
Vietnam. The regulations from the Department of Veterans Affairs, which will
take effect as early as 5 JUL and cost as much as $5 billion over several years
according to Congressional analysts, will essentially eliminate a requirement
that veterans document specific events like bomb blasts, firefights or mortar
attacks that might have caused PTSD., an illness characterized by emotional
numbness, irritability and flashbacks. For decades, veterans have complained
that finding such records was extremely time consuming and sometimes impossible.
And in the wars in Afghanistan and
Iraq, veterans groups assert that the current rules discriminate against tens of
thousands of service members — many of them women — who did not serve in combat
roles but nevertheless suffered traumatic experiences.
Under the new rule, which applies to veterans of all wars, the department will
grant compensation to those with PTSD. if they can simply show that they served
in a war zone and in a job consistent with the events that they say caused their
conditions. They would not have to prove, for instance, that they came under
fire, served in a front-line unit or saw a friend killed. The new rule would
also allow compensation for service members who had good reason to fear
traumatic events, known as stressors, even if they did not actually experience
them. There are concerns that the change will open the door to a flood of
fraudulent claims. But supporters of the rule say the veterans department will
still review all claims and thus be able to weed out the baseless ones. ―This
nation has a solemn obligation to the men and women who have honorably served
this country and suffer from the emotional and often devastating hidden wounds
of war,‖ the secretary of veterans affairs, Eric K. Shinseki, said in a
statement to The New York Times. ―This final regulation goes a long way to
ensure that veterans receive the benefits and services they need.‖
Though widely applauded by veterans’ groups, the new rule is generating
criticism from some quarters because of its cost. Some mental health experts
also believe it will lead to economic dependency among younger veterans whose
conditions might be treatable. Disability benefits include no-cost physical and
mental health care and monthly checks ranging from a few hundred dollars to more
than $2,000, depending on the severity of the condition. ―I can’t imagine anyone
more worthy of public largess than a veteran,‖ said Dr. Sally Satel, a
psychiatrist and fellow at the American Enterprise Institute, a conservative
policy group, who has written on PTSD. ―But as a clinician, it is destructive to
give someone total and permanent disability when they are in fact capable of
working, even if it is not at full capacity. A job is the most therapeutic thing
there is.‖ But Rick Weidman, executive director for policy and government
affairs at Vietnam Veterans of America, said most veterans applied for
disability not for the monthly checks but because they wanted access to free
health care. ―I know guys who are rated 100 percent disabled who keep coming
back for treatment not because they are worried about losing their compensation,
but because they want their life back,‖ Mr. Weidman said.
Mr. Weidman and other veterans’ advocates said they were disappointed by one
provision of the new rule: It will require a final determination on a veteran’s
case to be made by a psychiatrist or psychologist who works for the veterans
department. The advocates assert that the rule will allow the department to
sharply limit approvals. They argue that private physicians should be allowed to
make those determinations as well. But Tom Pamperin, associate deputy under
secretary for policy and programs at the veterans department, said the agency
wanted to ensure that standards were consistent for the assessments. ―VA and VA
contract clinicians go through a certification process,‖ Mr. Pamperin said.
―They are well familiar with military life and can make an assessment of whether
the stressor is consistent with the veterans’ duties and place of service.‖
More than two million service members have deployed to Iraq or Afghanistan since
2001, and by some estimates 20% or more of them will develop PTSD. More than
150,000 cases of PTSD. have been diagnosed by the veterans health system among
veterans of the two wars, while thousands more have received diagnoses from
private doctors, said Paul Sullivan, executive director of Veterans for Common
Sense, an advocacy group. But Mr. Sullivan said records showed that the veterans
department had approved PTSD. disability claims for only 78,000 veterans. That
suggests, he said, that many veterans with the disorder are having their
compensation claims rejected by claims processors. ―Those statistics show a very
serious problem in how V.A. handles PTSD claims,‖ Mr. Sullivan said.
Representative John Hall (D-NY), and sponsor of legislation similar to the new
rule, said his office had handled dozens of cases involving veterans who had
trouble receiving disability compensation for PTSD, including a Navy veteran
from World War II who twice served on ships that sank in the Pacific. ―It
doesn’t matter whether you are an infantryman or a cook or a truck driver,‖ Mr.
Hall said. ―Anyone is potentially at risk for post-traumatic stress.‖ [Source:
New York Times James Dao article 7 Jul 2010 ++]
VA Presumptive VN Vet Diseases Update 08: The Secretary of Veterans Affairs said
during
a brief visit 6 JUL to Salt Lake City said, "The federal government did not
address military members’ exposure to Agent Orange during the Vietnam War ―the
way that might have been and the way that should have been.‖ Thousands of
Vietnam veterans waited for decades before medical conditions they acquired
during the war were connected to exposure to the toxic defoliant. And that meant
that many went without the medical care and compensation they deserved while
suffering from debilitating diseases caused by their service. But as evidence
mounts suggesting that many of the nation’s latest generation of veterans have
been sickened by service in Iraq and Afghanistan, Secretary Eric Shinseki
defended a century-old standard requiring scientific proof before veterans can
be compensated for their suffering. Thirty-five years after the end of the
Vietnam War, the V.A. is still slowly adding to the list of conditions
recognized as related to Agent Orange exposure, including three illnesses —
Parkinson’s disease, ischemic heart disease, and B cell leukemias — that have
been added to the list under Shinseki’s watch. The former Army general, himself
a combat-wounded veteran of the Vietnam War, said ―nothing‖ was done to
immediately respond to veterans who grew inexplicably sick after returning home
from Vietnam. Shinseki said his department was working tirelessly to help
veterans establish proof sooner. ―What we’re trying to change is the opportunity
to establish the connection,‖ he said, noting that millions of federal dollars
have been poured into research into military members who have been exposed to
open-air burn pits — one of the probable culprits in a variety of medical
conditions suffered by veterans, including cancer, skin conditions and blood
disease. But in the meantime, the secretary said, the standard requiring medical
proof of a disease’s cause is ―the law.‖ [Source: Salt Lake Tribune Matthew D.
LaPlante article 6 Jul 2010 ++]
Vet Jobs Update 20: In today's economic climate, transitioning from the military
to the civilian world will mean entering an unyielding job market and period of
unemployment for most veterans. In fact, the unemployment rate for former
servicemembers from Iraq and Afghanistan conflicts rose from 10% in MAY to 11.5%
in JUN 2010, according to the Bureau of Labor Statistics. But, a tight job
market is only part of the veteran unemployment problem. A recent study from the
Society of Human Resource Management (SHRM) revealed that veterans face two
major hurdles when finding civilian employment: translating their military
experience into civilian skills; and hiring managers' lack of knowledge about
policies designed to help veterans get employment. The SH RM study titled,
"Employment Military Personnel and Recruiting Veterans-Attitudes and Practices,"
randomly polled 429 employers. SH RM's study is part of an initiative to help
address the high unemployment rate among veterans, and aims to connect them to
gainful employment. It is committed to working with federal agencies, such as
the Department of Labor and civilian HR professionals to create initiatives to
get veterans hired. The results of their study found that:
• 60% of hiring professionals said that many veterans report having difficulty
writing resumes, interviewing, and adapting to workplace culture, in addition to
not being able to explain their military skills to employers effectively.
• Even though 50% of employers surveyed report making a specific effort to hire
veterans, a high amount hiring managers were unaware of the Department of
Labor's veteran employment initiatives- 68% were unaware of the Local Veterans'
Employment Representative; 70% were unfamiliar with the Disabled Veterans
Outreach Program.
• 46% of hiring managers thought post traumatic stress issues, as well as other
combat-sustained brain injuries, would present a problem for veteran employment.
However, only 13% of employers reported actually having issues with veterans who
suffered from PTSD in the civilian workplace.
Laurence G. O'Neil, president and CEO of SHRM, in a company-issued statement
said, "The high unemployment rate of military veterans is startling." According
to the study, when asked what tools and resources "would help a lot" with the
military-to-civilian workforce transition, 39% of employers responded with
programs to train veterans with additional skills for the workplace; 36% said
programs to help veterans translate military experience into civilian skills
sets; and 32% said programs and initiatives to help find and reach out to
qualified veterans to fill open positions. Veterans seeking employment are
encouraged to check out www.military.com/Careers/Home/0,13373,,00.html where job
listings, resume writing assistance, and career fairs locations are provided.
[Source: Military.com | Veteran Careers Kelly Johnson article Jul 2010 ++]
Fisher House Expansion Update 05: There is at least one Fisher House at every
major military medical center to assist families in need and to ensure that they
are provided with the comforts of home in a supportive environment. Annually,
the Fisher House program serves more than 10,000 families, and have made
available nearly three million days of lodging to family members since the
program originated in 1990. By law, there is no charge for any family to stay at
a Fisher House operated by the Department of Veterans Affairs; and Fisher House
Foundation uses donations to reimburse the individual Fisher Houses operated by
the Army, Navy, and Air Force. Fisher Houses ease financial burden and stress.
They look like houses and the atmosphere is a more comfortable alternative for
veterans' families. This year seven more houses will open, representing the most
new ones opened in a single year in the organization's 20-year history. The
current Fisher Houses are located on 18
military installations and near 15 VA medical centers. Fisher House opened a
facility near the Illinois VA hospital in MAR. It was the most recently opened
of 45 houses across the country that offer lodging at no cost to veterans and
their families who have to travel more than 50 miles to get treatment at
government-run Veterans Affairs hospitals.
Fisher House plans to open a facility at the VA hospital in Boston this month
and in St. Louis in AUG. In the fall it plans to open a house at Dover Air Force
Base in Delaware for families traveling to pick up the bodies of servicemembers
killed in combat. A Fisher House was built near the VA hospital in Dallas last
year. The hospital provides care for veterans from North Texas and parts of
Oklahoma and Louisiana. Fundraising efforts are underway to build Fisher Houses
in at least 15 other cities. A volunteer group is in the process of raising
money for a Fisher House that would be built next to the Alvin C. York VA
Medical Center in Murfreesboro TN giving temporary lodging to patients who have
to travel for treatment at VA hospitals there or in Nashville. President Obama
donation of $250,000 from his Nobel Peace Prize award to will go in its entirety
directly to supporting the Fisher Houses being built at Bethesda Naval Hospital
and Dover Air Force Base. Of all other donations ninety-six cents of every
dollar goes directly towards program costs. For additional info on the Fisher
House foundation refer to www.fisherhouse.org. [Source: USA Today Clay Carey
article 5 Jul 2010 ++]
Louisiana Vet Cemeteries: Central Louisiana finally will get its long-awaited
Veterans Cemetery sometime this fall, but a Louisiana Department of Veterans
Affairs spokeswoman says it could be years before northeastern Louisiana
veterans and their families have their own burial ground. The News Star reported
on 5 JUL that a bid will be awarded July 15 to build the Veterans Cemetery in
Leesville near Fort Polk, with construction to be completed later this year.
Though a site in Richland Parish was chosen four years ago for a Veterans
Cemetery in northeastern Louisiana, the project is no closer to reality because
of diminished funding available from the U.S. Department of Veterans Affairs,
which pays 100% of the cost. The military service requirement for burial in
Louisiana state veterans cemeteries must be in accordance with the eligibility
standards set by the U.S. Department of Veterans Affairs, National Cemetery
Administration; at a minimum, one must meet one of the following:
. Veteran was discharged from active duty under other than dishonorable
conditions,
• Veteran died while on active duty
• Veteran served at least 20 years in the National Guard or Reserves and
qualified for military retirement pay (or would have qualified, except death
occurred before age 60)
Spouses and dependent children of veterans who were eligible for burial may also
be interred in state veterans cemeteries. Burial benefits may include the
following: gravesites for casket or cremation remains, headstones or markers,
opening and closing of the graves, and continued perpetual care. Burial of an
eligible veteran is at no cost to the veteran. A fee is charged at the time of
interment for spouses and dependent children of eligible veterans. At present
veterans can obtain burial services at the state’s Northwest LA Veterans
Cemetery, 7970 Mike Clark Road, Keithville, LA 71047 Tel: (318) 925-0612/5521F
or Email: nlvc@vetaffairs.la.gov. In addition there are three federal cemeteries
located at:
• Alexandria National Cemetery, 209 East Shamrock Ave., Pineville, LA 71360
• Baton Rouge National Cemetery (No new interments), 220 North 19th Street,
Baton Rouge, LA 70806
• Port Hudson National Cemetery, 20978 Port Hickey Road, Zachary, LA 70791 Tel:
(225) 654-3767 [Source: The News-Star AP article 5 Jul 2010 ++]
Heat Exhaustion/Stroke: Summer means outdoor fun -- from hiking and swimming to
music festivals and county fairs to dancing in the street--but summer fun can
quickly turn tragic if you or someone you care about ends up with heat
exhaustion or heat stroke. As temperatures rise, so does the risk that your
body's natural cooling system will malfunction or shut down if you fail to take
proper precautions. Although heat exhaustion and heat stroke (sometimes called
sun stroke) can affect anyone, seniors are more prone to heat stress than
younger people for a variety of reasons. In general, seniors do not adjust as
easily or as well to sudden temperature changes, and they may have chronic
medical conditions or take prescription drugs that interfere with their bodies'
ability to regulate heat. As part of your preparation for summer you should know
how to recognize the symptoms of heat exhaustion and heat stroke plus what to do
if you see someone with either of these dangerous conditions. The following will
assist you in this:
Who Can be affected. As summer temperatures climb in some parts of the U.S.,
more people are vulnerable to heat exhaustion and heat stroke. The Centers for
Disease Control (CDC) report that approximately 400 people die each year from
excessive natural heat, and that these deaths are preventable. And while seniors
are more likely to be affected by high temperatures and heat-related problems
than younger people, heat exhaustion and heat stroke can affect anyone if the
conditions are right. This includes animals. Be sure to provide shade and plenty
of cool, fresh drinking water for your pets, and never leave a pet, child or
elderly person in a locked car on hot days.
Heat Exhaustion. Heat exhaustion is a milder form of heat-related illness that
can develop after several days of exposure to high temperatures, along with
dehydration caused by inadequate or unbalanced replacement of fluids.
Heat Exhaustion symptoms. People respond to heat exhaustion in different ways,
but the CDC reports that common symptoms include: Heavy sweating; Paleness;
Muscle cramps; Tiredness; Weakness; Dizziness; Headache; Nausea or vomiting;
Fainting; Skin: may be cool and moist; Pulse rate: fast and weak Breathing: fast
and shallow
Heat Stroke. The CDC reports that heat stroke is the most serious heat-related
illness. Heat stroke occurs when the body is exposed to an excessive amount of
heat and becomes unable dissipate the heat through sweating. When heat stroke
happens, the body’s temperature rises rapidly, the body loses its ability to
sweat, and it is unable to cool down. Body temperature can rise to 106°F or
higher within 10 to 15 minutes, and at 106°F brain death begins. If emergency
treatment is not provided, heat stroke can cause death or permanent disability
in humans and animals.
Heat Stroke Symptoms. The CDC advises that warning signs can vary among
individuals, but common signs of heat stroke may include: An extremely high body
temperature (above 103°F); Red, hot, and dry skin (no sweating); Rapid, strong
pulse; Throbbing headache; Dizziness; Nausea.
Prevention. Heat exhaustion and heat stroke can be avoided if you protect
yourself from heat-related stress by follow these prevention tips from the CDC:
• Drink cool, non-alcoholic, non-caffei nated beverages. The CDC recommends that
if your doctor generally limits the amount of fluid you drink or prescribes
water pills for you, ask him or her how much you should drink when the weather
is hot. It's best to avoid extremely cold liquids because they can cause stomach
cramps.
• Drink water regularly throughout the day, even if you don't feel thirsty. Once
you recognize the feeling of thirst, dehydration is already taking place.
• Be aware that some medications can make you more vulnerable to heat
exhaustion. For example, painkillers can mask some of the symptoms of heat
exhaustion, and laxatives can increase the risk of dehydration. If you have any
questions about prescription or over-the-counter medications, check with your
doctor or pharmacist.
• Rest, often. If you need an excuse to be a couch potato, hot days are just the
ticket.
• Take a cool shower, bath, or sponge bath.
• If possible, seek an air-conditioned environment. If you don't have air
conditioning, consider visiting an air- conditioned shopping mall or public
library to cool off.
• Wear lightweight clothing.
• If possible, remain indoors during the hottest parts of the day.
• Do not engage in strenuous activities.
Helping Seniors Cope with Hot Weather. If you have elderly friends, relatives or
neighbors, you can help them protect themselves from heat-related stress:
• Visit older adults at risk at least twice a day and watch them for signs of
heat exhaustion or heat stroke.
• Make sure they are keeping themselves hydrated by drinking plenty of cool
water.
• Encourage them to avoid beverages with caffeine or alcohol. Alcohol, in
particular, increases dehydration.
• Take them to air-conditioned locations if they have transportation problems.
• Make sure older adults have access to an electric fan whenever possible.
What to Do If You See Someone With Heat Exhaustion or Heat Stroke. Keep in mind
that if you see any signs of severe heat stress, you may be dealing with a
life-threatening emergency. Have someone call for immediate medical assistance
while you begin cooling the affected person. The CDC recommends get the person
to a shady area and cool the person rapidly, using whatever methods you can, for
example:
• Immerse the person in a tub of cool water
• Place the person in a cool shower
• Spray the person with cool water from a garden hose
• Sponge the person with cool water
• If the humidity is low, wrap the person in a cool, wet sheet and fan him or
her vigorously
• Monitor body temperature and continue cooling efforts until the body
temperature drops to 101°-102°F.
• If emergency medical personnel are delayed, call the hospital emergency room
for further instructions.
• Do not give the person alcohol to drink.
• Get medical assistance as soon as possible.
[Source: About.com | Senior Living Sharon O'Brien 1 Jul 2010 ++]
VA Prostate Cancer Program Update 07: Over the past year, the Philadelphia VA
Medical
Center has taken most of the public heat for a prostate cancer treatment program
that went astray for six years, giving incorrect radiation doses to 97 out of
114 veterans. Now the University of Pennsylvania - which designed, staffed, and
supervised the radiation program - is feeling the heat. Five veterans who
received substandard therapy have filed federal lawsuits against various
university entities, including its hospital and health system. That number may
well grow because veterans who have sought compensation from the VA can file a
federal lawsuit six month later, or anytime after a claim is denied. So far, the
VA has rejected 12 of 38 claims seeking $71 million in damages. Donna Lee Jones,
a Philadelphia attorney representing three of the veterans suing in federal
court, predicted "there's going to be a battle" with Penn over whether it should
be part of the case. Added her partner, attorney Michael Barrett, "We think
there will be plenty of finger-pointing between the VA and Penn trustees. But
Penn's fingerprints are all over everything."
Penn spokeswoman Susan Phillips said 2 JUL the university could not comment on
pending litigation. For the past year, she had said Penn could not comment on
the various federal and Congressional inquiries that were underway. Penn, which
uses the VA Medical Center as a teaching hospital for its medical students,
contracted with the VA to run the prostate cancer treatment program, called
brachytherapy. It involves implanting dozens of tiny radioactive seeds into the
prostate gland to kill cancer cells over several months. Brachytherapy is
effective when done properly, but if too many seeds are misplaced, the cancer
may be spared, or healthy surrounding tissues may be damaged - or both. Penn
assigned radiation oncologist Gary Kao to head the VA brachytherapy program.
Kao, who performed most of the improper seed implants, is also named in the
federal lawsuits, along with the Department of Veterans Affairs.The five
veterans who are suing Penn are Richard Mitchell, James Armstrong, John Berry,
Barry Lackro, all of Philadelphia, and Donald Pepper of Smyrna, Del. Lackro's
cancer has recurred and become incurable, while Berry has signs of recurrence,
according to their court filings. All five men claim to suffer from radiation
damage to their bladder, rectum or other organs, as well as severe emotional
distress.
Their lawsuits contend Penn is liable for their injuries based on two
established legal precedents: Hospitals are "vicariously" responsible for the
medical negligence of doctors they employ. And hospitals that have inadequate
policies, procedures, equipment and oversight can be found guilty of "corporate
negligence." Still, there are gray areas. For example, Lackro's attorney,
Mitchell Paul, said he agreed to drop Penn's Board of Trustees from the lawsuit
after Penn attorneys argued that the trustees are overseers who don't get
involved in managing doctors. Attornies Barrett and Jones, in contrast, said
they will not drop the trustees from their three clients' suits. There is
similar disagreement over whether Penn's School of Medicine should be a
defendant. Up to now, Penn's integral role in the VA brachytherapy program has
been recognized, but not penalized.
In May, the Nuclear Regulatory Commission, which oversees medical radiation
usage levied a $227,500 fine against the Philadelphia VA - the NRC's
second-largest fine ever - citing a "total breakdown" in the program, safety
procedures, and management. In a separate report last month, the Department of
Veterans Affairs Inspector
General's office said the Philadelphia VA's contract with Penn was non-existent
or inadequate during the six years of the program. It also said the VA ended up
overpaying for Penn's services. Public documents and testimony at hearings have
shown that it was Penn who hired, appointed - and in some case, trained - the
radiation oncologists, urologists, physicists, technicians, and radiation safety
committee chair who worked at the VA. "We think it was primarily the Hospital of
the University of Pennsylvania running the show, and the VA was just the shell,"
Jones said. [Source: Philadelphia Inquirer Marie McCullough article 2 Jul 2010
++]
Money Transfer: Need to transfer money overseas quickly from the United States?
One option is www.zoom.com . This site enables individuals to send money from
any Internet-enabled computer. You can send up to $2999 (maximum of only $2000
to 4 of 30 countries listed) and pay with a banking account. You can also pay
with a major credit or debit card but the fees are considerably higher.
Regardless of payment method the fees in most cases are considerably less than
Western Union. On the Zoom website is a conversion table for the currency the
money will be transferred in. Fees vary by the country selected. For example:
• To transfer $2999 to the Philippines using your bank account the fee is $4.99
and using Zoom’s 5 JUL dollar to peso rate of $1 = P45.8008 they would be
receiving P137,356.58. Your bank account would be charged $3,003.99. Using a
major credit or debit card it would be charged $3,058.99.
• To transfer $2999 to Germany using your bank account the fee is $4.99 and
using Zoom’s 5 JUL dollar to Euro rate of $1 =EUR 0.7845 they would be receiving
EUR 2,352.66 Your bank account would be charged $3,003.99. Using a major credit
or debit card it would be charged $3,148.99.
• To transfer $2999 to Costa Rica using your bank account the fee is $24.99 and
they would be receiving $2999. Your bank account would be charged $3,023.89.
Using a major credit or debit card it would be charged $3,084.99.
Recipients do not need a bank account or Internet connection to receive funds.
For the delivery of funds you can select receiving options of cash pickup, bank
deposit, or in some geographic areas home delivery. Location options for cash
pickup and home delivery vary with the country selected. A 100 character message
to the recipient can be included. You will be sent a series of email
notifications informing you of the status of your transaction. The first is sent
shortly after you submit a Xoom transaction. The second when your payment has
cleared and Xoom transfers your transaction to their partner in the recipient's
country. Upon completion of the transaction, Zoom sends another email telling
you that your recipient has received the funds. Cancellation of the money
transfer is possible (if it has not been delivered) following the online
guidelines. The service is not available residents of Wyoming, West Virginia and
Vermont. Xoom Corporation was founded in 2001 in San Francisco and is backed by
leading venture firms Sequoia Capital, New Enterprise Associates and Fidelity
Ventures. [Source: zoom.com Jul 2010 ++]
Flag Presentation Update 03: Prior to Flag Day, 14 JUN 1923, neither the federal
government nor the states had official guidelines governing the display of the
United States’ flag. On 14 JUN 1923, the National Flag Code was constructed by
representatives of over 68 organizations, under the auspices of the National
Americanism Commission of The American Legion. The code drafted by that
conference was printed by the national organization of The American Legion and
given nationwide distribution. On 22 JUN 1942, the Code became Public Law
77-623; chapter 435. Little had changed in the code since the Flag Day 1924
Conference. The most notable change was the removal of the Bellamy salute due to
its similarities to the Hitler salute. Additional modifications were:
• The Freedom to Display the American Flag Act of 2005 prohibits real estate
management organizations
from restricting homeowners from displaying the Flag of the United States on
their own property.
• The Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007
added a provision to fly the flag at half-staff upon the death of a member of
the Armed Forces from any State, territory, or possession who died while serving
on active duty. It also gave the mayor of the District of Columbia the authority
to direct that the flag be flown at half-staff. Federal facilties in the area
covered by the governor or mayor of the District of Columbia will also fly the
flag at half-staff as directed.[1 1]
• The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Sec. 595.) allows the military salute for the flag during the national anthem
by members of the Armed Forces not in uniform and by veterans.
[Source: http://en.wikipedia.org/wiki/United_States_Flag_Code Jul 2010 ++]
Arlington National Cemetery Update 12: The secretary of the Army said 30 JUN
that officials
were prepared to dig up graves, open caskets and take DNA samples from the
deceased if it is necessary to sort out the record-keeping chaos at Arlington
National Cemetery. "If we are so authorized and if it is necessary, we have not
ruled out the possibility of actually opening caskets," said Army Secretary John
McHugh, noting that it would be
an extreme measure, ". . . and should it thereafter become necessary for DNA . .
. that would be something we would contemplate." McHugh spoke at a hearing of
the House Armed Services Committee called to look into recent revelations of
mismanagement, mishandling of remains and extensive record foul-ups at the
nation's most hallowed cemetery. A probe by the Army inspector general, unveiled
June 10, found a wide array of long-standing problems at the cemetery. Among
other problems, the Army found 211 discrepancies between burial maps and grave
sites and cases in which funeral urns were inadvertently dug up and dumped in a
dirt pile.
McHugh said investigators already are digging into some of the 117 sites without
tombstones or burial cards that are marked as occupied on cemetery maps to see
whether anyone is buried there. No names were associated with the map sites.
Five have been examined so far, an Army spokesman said. In each case "the map
was in error," McHugh said. "There were no remains in those graves, and those
graves will be reclaimed and reused for appropriate purposes and a fallen hero
sometime in the future." The Army also found 94 graves that had tombstones and
burial cards but were not listed on cemetery maps. Twenty-two of those sites
have been probed so far and found to be occupied, a cemetery spokeswoman said.
Committee Chairman Ike Skelton (D-Mo.) said he thinks a complete survey of
graves at the cemetery should be conducted to check for burial mistakes. Skelton
said the Army 's recent investigation into mistakes at the cemetery was so
"limited" that it probably revealed "only a fraction of the problem. We must be
prepared that a 100% survey of the cemetery and all its operations, which I
believe must now be undertaken, will yield a larger number of problems that must
be addressed." The Army has focused, so far, on only three of the cemetery's 70
sections.
McHugh said a complete cemetery survey was possible but would be difficult. "To
do that for 330,000 [graves] is going to take a better system of
record-keeping," he said. As soon as the cemetery's antiquated records system is
improved, "we will begin checking and cross-checking those records for all of
those graves." In addition to the record-keeping problems, the inspector general
found a dysfunctional management system and a poisonous relationship between
cemetery Superintendent John C. Metzler Jr. and Deputy Superintendent Thurman
Higginbotham. The two men had been at odds as far back as 1992, the year after
Metzler took over at the age of 39, said Lt. Gen. R. Steven Whitcomb, the Army's
inspector general, who also testified at the hearing. "It appears that they
struck some kind of accommodation where they kept in separate lanes," Whitcomb
said. "Although what we found and what contributed to the unhealthy work
environment was those lanes tended to overlap." Metzler, who had grown up at the
cemetery while his father served as superintendent from 1951 to 1972, was issued
a severe reprimand by the Army. He is retiring 2 JUL. Higginbotham has been on
paid administrative leave pending a disciplinary review.
"I cannot understand how the Army has allowed the problem to fester for years,"
Skelton said. "There is clear evidence that in 1992 the Army was aware of a
level of leadership discord at Arlington that would not have been tolerated at
any other organization," he said. "The situation cried out for intervention, but
the Army's response was to further withdraw from Arlington Cemetery operations,"
he said. Also at the hearing officials disclosed that the Defense Department's
probe of the 2008 firing of cemetery public affairs officer Gina Gray did not
find that firing constituted reprisal because cemetery officials did not know of
her whistleblowing when they decided to fire her. But the firing of Gray, whose
later revelations helped spark the current cemetery investigation, was an
"obvious failure to exercise sound personnel management," according to a
one-page summary of the probe made public after the hearing. The department
recommended that the Army take "corrective action" against the responsible
cemetery
officials and find an "appropriate remedy" for Gray. In an e-mail, Gray said
cemetery officials "knew very well" of her whistleblowing when they fired her.
"It's hard to imagine how the Defense Department is ignoring those facts now,"
she wrote. "But nothing is surprising me about this scandal, since it's what
I've been saying for years." [Source: Washington Post Michael E. Ruane article 1
Jul 2010 ++]
VA Office of the General Counsel: Will Gunn, the general counsel for the
Department of Veterans Affairs told House members on 30 JUN that, despite a
backlog of cases, his office's attorneys are ethical and high performing. The
House Committee on Veterans Affairs Subcommittee on Oversight and Investigation
held a hearing that morning to discuss challenges faced by the VA's Office of
the General Counsel (OGC), such as extensive backlog of cases, incomplete or
false contracting information and allegations of legal malpractice by some of
its attorneys. Chairman Harry Mitchell (D-AZ) says these issues are especially
troubling given VA OCG's 9.2% budget increase in fiscal 2010 and its requested
9.6% increase for fiscal 2011. "The bottom line here is that we make certain the
resources Congress provides the VA are being allocated properly in order to
provide the most benefit for Veterans and the American public," Mitchell says.
Some of the issues are recurring. Mitchell says the subcommittee has reviewed
many cases in recent years regarding insufficient or inaccurate counsel and
support of contract management. Other VA OGC deficiencies, he adds, include poor
relations between contract managers and VA attorneys, extensive case backlogs,
and delayed health directives. Gunn acknowledged these concerns but says the
recent budget increase has allowed VA OGC to increase its staff and start
addressing those issues.
The subcommittee also heard testimony from Matthew Tulley, a partner at Tulley,
Rinckney PPLC, a firm that represents VA employees in suits against VA. Tulley
says VA OGC attorneys, especially those in the office's employment law division,
continually violate the ethical standards laid out by the Supreme Court and
state bar associations. He says "a few bad apples" with inappropriately close
ties to VA managers are harming Veterans, VA employees, and attorneys who
represent them. According to Tulley, violations include witness badgering, delay
tactics known as mooting, threats of punitive action in the workplace, and
document falsification. These produce a chilling effect directly on VA employees
who want to file suit against the department and indirectly on attorneys who
might represent them by making legal proceedings too costly and time consuming,
he says.
Tul ley recommends creating an independent office of professional responsibility
with the ethical standards used by the Department of Justice. He says this would
both discourage attorneys from acting improperly as well as create a structure
for ethical oversight that currently does not exist. Gunn, who has been general
counsel for just over a year, says he has never heard allegations of unethical
practices before today's hearing. He does say, however, that he has instructed
his office to create an internal process for reviewing complaints of
unprofessional conduct by their attorneys. "I am committed to providing service
that is based in excellence and integrity. As an Airforce Officer I live by
certain core values. Those values are integrity first, service to others before
self, and excellence in all that I do. I am committed to instilling those
principles throughout the OCG," he says. [Source: Federal News Radio Meg Beasley
article 30 Jun 2010 ++]
VA Treatment Access: The VA Inspector General and a number of veterans'
advocates have been claiming since the early days of the Iraq War, when soldiers
returning from OEF began flooding VA facilities, that the Veterans Health
Administration (VHA) systematically delays and denies sick veterans medical care
and masks it with bogus documentation. Now an internal department memo, posted
30 JUN on VA Watchdog website www.vawatchdog.org , lends credence to these
charges. The 26 APR memo from William Schoenhard, Deputy Undersecretary for
Health Operations and Management, alerts supervisors overseeing scheduling that
he has learned of unacceptable practices. VA facilities have adopted what he
calls ―gaming strategies‖ in order to improve scores
on various access measures by diminishing patient access to treatment. An
eight-page attachment identifies 24 practices detected so far, but Schoenhard
says there may be more. Some of those identified in the memo include:
• Using fine-print rules to cancel patients' appointments. Here, a patient
arrives on time for an appointment only to be told he has no appointment. When
the patient shows the employee his/her appointment form, the employee shows the
patient the fine print on the form, which says that patients who do not come 10
(sometimes 15) minutes early to check in risk cancellation.
• Employees enter into the computer a later date (often by months) than the
doctor has specified for a return visit.
• Recording a patient's initial request to be treated in a paper log, not the
computer system, then calling them in months or a full year later (law requires
they be seen within 30 days) and recording that date as their first request to
be seen.
• Booking several patients in the same time slot for the same doctor or
provider, leaving patients to wait for hours to be seen, sometimes for something
as simple as a monthly prescription renewal, which, due to frustration or
obligation, they sometimes leave without.
Schoenhard told CNN he had no personal knowledge of any VA facility using the
inappropriate scheduling practices, but issued the memo to avoid future
problems. Yet, in his memo outlining medical appointment gaming, Schoenhard
says: "It has come to my attention that in order to improve scores on assorted
access measures, certain facilities have adopted use of inappropriate scheduling
practices sometimes referred to as gaming strategies." The memo is available for
viewing at www.vawatchdog.org/10/nf10/nfjun10/jun10files/gamingthesysystem.pdf .
Paul Sullivan, director of the veterans’ advocacy group, Veterans for Common
Sense (VCS), told AlterNet he believes Schoenhard's memo "forces a key
leadership test upon VA Secretary Eric Shinseki" to end the shenanigans and
solve the underlying problems." [Source: AlterNet Nora Eisenberg article 30 Jun
2010 ++]
VAMC St. Louis MO Update 01: The Veterans Administration said 1 JUL that the
chief of dental services at the St. Louis VA Medical Center has been placed on
administrative leave after the hospital urged nearly 2,000 veterans to return
for blood tests because inadequately sterilized equipment may have exposed them
to viral infections during dental procedures. An independent board will also
investigate how employees failed to properly sterilize the dental equipment that
potentially exposed veterans to infections including hepatitis and HIV, the
administration said. "The mistakes made at the St. Louis VA Medical Center are
unacceptable, and steps have been and continue to be taken to correct this
situation and assure the safety of our veterans," VA Secretary Eric Shinseki
said. The VA sent letters out Monday to 1,812 veterans who had dental procedures
at the St. Louis center from Feb. 1, 2009, through March 11 of this year, saying
reviews determined that some sterilization steps in preparing dental instruments
were not in compliance with standards.
Officials say the infection risk is extremely low, and no illnesses have been
uncovered so far out of some 100 veterans who have come in for blood work that
will screen for hepatitis B, hepatitis C and HIV. The VA said 184 people had
signed up to be tested as of 1 JUL. VA Under Secretary for Health Dr. Robert
Petzel said Thursday the problem arose because workers prewashing dental
equipment failed to use a detergent before the equipment was sterilized. He said
that failure allowed for a "phenomenally remote" chance that sterilization might
not have been effective. Petzel said he found there was a need for an
independent review by the national Administrative Investigation Board "to
determine the reasons for failure to follow correct procedures." He said expects
the investigation to begin next week and take 60 days at most. Rep. Russ
Carnahan (D-MO) said the House Veterans' Affairs Committee also said they will
investigate what happened at the center and planned to hold a hearing in St.
Louis. The announced investigations follow demands for action by several
lawmakers from Missouri and Illinois — the St. Louis region's five VA facilities
serve veterans in both states. No date has been set for the Veterans' Affairs
Committee hearing in St. Louis. Two Missouri congressmen, Republican Blaine
Luetkemeyer and Democrat William Lacy Clay, also asked the House Oversight and
Government Reform Committee to investigate. Both serve on that committee.
Danny L. Turner, chief of dental services at the Cochran VAMC, "says he welcomes
investigations into the handling of dental equipment at the hospital and blamed
politics for distorting the controversy. 'I have a lot of information that
proves we were doing things correctly,'" Turner "said in an interview after he
had been put on administrative leave." Lawmakers also want to know why it took
so long for the VA to inform the veterans about the mistakes. The problem was
uncovered in March and letters went out 28 JUN. Marcena Gunter, a spokeswoman
for the St. Louis center, said the delay was because officials were evaluating
the risk posed to veterans. The VA said patients who have had dental procedures
since 11 MAR are not at risk because procedures were corrected. Shinseki said
that over the past 18 months, VA has implemented more stringent safety oversight
at its medical facilities, and that oversight led to the identification of
problems at the St. Louis facility. Barry Searle, director of the Veterans
Affairs and Rehabilitation Division for the American Legion, testified before
Congress in May about quality concerns at VA medical facilities." Searle "said
in a phone interview that the VA health care system is strong overall, but that
frequent turnover caused problems like the one that happened in St. Louis."
VA centers around the country have had problems in recent years. In 2007, Walter
Reed Army Medical Center in Washington came under scrutiny over concerns about
conditions at the hospital and treatment of veterans. At the time, St. Louis VA
officials said they were working to fix similar problems. That same year, a
surgeon at the VA hospital in Marion, Ill., resigned after a patient bled to
death following gall bladder surgery. All inpatient surgeries were suspended.
The VA found at least nine deaths between OCT 06 and MAR 07 resulted from
substandard care at the Marion hospital, and another 10 patients died after
receiving questionable care that complicated their health. [Source: AP Jim
Salter article 1 Jul 2010 ++]
Virginia Vet Legislation: The following bills have passed both chambers of the
Virginia Congress and were approved by the Governor for enactment with an
effective date of 1 JUL 2010:
• HB.262 & SB.455: Exempts veterans from paying the Department of Business
Assistance's handling fee when establishing a small business through the
one-stop small business permitting program.
• HJ.33 & SJ. 13 : Constitutional amendment for property tax exemption for
certain veterans. Directs the General Assembly to exempt from taxation real
property that is the principal residence of a veteran (or widow or widower of a
veteran) if the veteran has been determined by the United States Department of
Veterans Affairs or its successor agency pursuant to federal law to have a 100%
service-connected, permanent, and total disability.
• HJ. 137: Designates the Honor and Remember Flag as the Commonwealth's emblem
of service and sacrifice by the brave men and women of the United States Armed
Forces who have given their lives in the line of duty.
[Source: http://leg1.state.va.us Jul 2010 ++]
VA Women Vet Programs Update 11: On 29 JUN, U.S. Senator Patty Murray (D-WA)
spoke
on the Senate floor to request immediate passage of the Homeless Women Veterans
and Homeless Veterans With Children Act. The bill was introduced in JUN 09 and
passed the Senate Veterans' Affairs Committee on 28 JAN 2010 with strong
bi-partisan support. Republican Senator Mitch McConnell objected to the
legislation on the Senate floor on behalf of Senator Tom Coburn, preventing it
from passing. "I am deeply disappointed that Senate
Republicans continued to put politics above people and blocked my bill that
would provide support for homeless women veterans and their families," said Sen.
Murray. "This is a bipartisan, common-sense bill that would support veterans in
my home state of Washington and across the country. I am going to continue
fighting for it to pass. And I urge Senate Republicans to end their obstruction
and allow homeless women veterans across the country to get the support they
have earned." S.1237 would expand assistance for homeless women veterans and
homeless veterans with children and would increase funding and extend federal
grant programs to address the unique challenges faced by these veterans. Female
veterans are between two and four times as likely to be homeless than their
civilian counterparts---and they have unique needs and often require specialized
services. [Source: Vietnam Veterans of America News release 1 Jul 2010 ++]
Tricare Uniform Formulary Update 33: Beneficiaries and providers can use the new
Tricare
formulary search tool to find the most up-to-date information about prescription
medications. Located at http://pec.ha.osd.mil/formulary search.php, the new
formulary search tool allows beneficiaries to easily find which medicines are in
the uniform formulary. These are available at all full-service military
treatment facilities and covered by Tricare. Once a user has identified if a
drug is available, they can use the search tool to get information on a drug,
such as restriction on use. The tool also shows if the medication is Tier One
(with a $3 copay,) Tier Two (with a $9 copay) or non-formulary (requiring a $22
copay.) It also shows when a generic equivalent is required. As an added
benefit, the new Tricare formulary search tool has integrated the prior
authorization and medical necessity forms and criteria into a search engine
while still maintaining a page with a complete list of all criteria and forms.
Any restrictions such as quantity or age limits are displayed in one location.
"This should make it easier to find all relevant information about a specific
drug instead of trying to click on different links to other Web pages and sort
through vast amounts of information," said Jeremy Briggs, a pharmacy operations
center official and search tool designer. "The idea is to have all that
information available with one search, but still link back to pages for in-depth
information." The search tool's functionalities will increase and become more
refined, based on feedback provided by patients and providers. "The new Tricare
formulary search tool is adaptable to meet the ever changing needs of our
beneficiaries and we are planning to meet those needs," Mr. Briggs said.
[Source: Tricare News Release 30 Jun 2010 ++]
National Cemetery Administration Update 02: On 29 JUN the National Cemetery
Administration (NCA) held their biannual meeting to discuss their budget,
construction schedule and new services. Of note were:
• New Medallion Benefit. Upon request, the VA will provide a medallion to be
affixed to an existing privately purchased headstone or marker to signify the
deceased’s status as a veteran. The medallion is provided in the place of a
government headstone or marker for veterans who died on or after November 1,
1990 AND who have a grave in a private cemetery with a privately purchased
headstone or marker. It comes in 3 sizes: 5‖, 3‖, 1-1/2‖. It has Veteran across
the top and the branch of service at the bottom. Adhesive, instructions and
hardware are also provided.
1-1/2" Medallion 3" & 5" Medallion
• New national grave locator, available both on their website http://gravelocator.cem.va.gov/j2ee/servlet/NGL
v1 and on smart phones, that allows you to locate any grave in a VA National
Cemetery, state veterans cemeteries, various other military and Department of
Interior cemeteries, and for veterans buried in private cemeteries when the
grave is marked with a government grave marker. This includes Arlington National
Cemetery. The smart phone application will allow you to look up the grave of a
loved one while you are in the cemetery, a useful feature.
• New policy to determine when a new cemetery in a given region is needed. The
previous policy stated that there needed to be one cemetery for every 1 70,000
veterans in a given geographical area, now the standard is one cemetery for
every 80,000 veterans. While 1 0% of veterans still do not have access to a
veteran’s cemetery, defined as being within 75 miles of their home, this is two
percent better than in 2005, and NCA aims for 94% of veterans to have access to
national or state veteran cemeteries within four years.
For more information or to request a Burial Flag, Government Headstone or
Marker, Private Grave Medallion, or a Presidential Memorial Certificate, go to
http://www.cem.va.gov/. [Source: TREA Washington Update 2 Jul 201 0 ++]
Tricare Supplemental Insurance Update 04: In the FY2007 National Defense
Authorization
Act Congress included a provision that was designed to prevent non-military
employers from offering improper incentives to TRICARE beneficiaries not to
enroll in the employer provided group health plan. However, in passing the law,
their prohibition resulted in penalties being imposed on TRICARE beneficiaries
unrelated to the stated intention of the legislation. One of the provisions in
the law no longer allowed TRICARE beneficiaries to have their TRICARE
supplement, co-pays and deductibles paid for on a pre-tax basis through their
companies’ authorized cafeteria plans. As a result, these employees no longer
had the tax benefit other employees have and they had to pay TRICARE premiums on
an after tax basis. Because of this many employees gave up their TRICARE
Standard policies and elected to use TRICARE Prime. This, in turn, increased the
costs to DoD since TRICARE Prime costs the government about 1 9% more than does
TRICARE Standard. Secretary of Defense has the authority to make an exception to
allow payment through tax advantaged plans, and he finally did so in APR 2010.
Under a final rule published by DoD, starting 18 JUN non-military employers can
now offer a TRICARE Standard supplement plan with their cafeteria-style health
insurance options so TRICARE Standard beneficiaries can buy coverage with
pre¬tax dollars. [Source: TREA Washington Update 2 Jul 2010 ++]
HVAC Update 11: On 29 JUN a hearing was held by the House Veterans Affairs
Subcommittee on Disability Assistance and Memorial Affairs on five new bills of
importance to veterans. The hearing was the first opportunity for a
Congressional committee to review each bill and receive testimony about them
from veterans groups and the Department of Veterans Affairs. The bills were:
• HR3407, the Severely Injured Veterans Benefit Improvement Act of 2009: Would
increase aid and attendance for severely injured veterans, qualify severely
burned veterans adaptive grants, increase pension for housebound veterans,
expand aid and attendance to cover veterans with traumatic brain injury (TBI),
and increase the service pension for Congressional Medal of Honor recipients.
• HR3787, the Honor America's Guard and Reserve Retirees Act: Would grant
veterans status to members of the Reserve components who serve for at least
twenty years, thus becoming military retirees, but who never served on active
duty long enough to qualify for veterans status as currently defined by law.
There would be no new federal benefits conferred upon these individuals, but
they would have the honor of being officially recognized as veterans.
• HR4541, the Veterans Pensions Protection Act of 2010: Would protect pension
payments from including insurance settlements of any kind from the calculation
amount in determining pensions. Further, the bill would require the VA to make
determinations on the fair market value and replacement value of any assets
claimed for exclusion under the insurance settlement.
• HR5064, the Fair Access to Veterans Benefits Act of 2010: Would provide some
flexibility in the equitable tolling of timeliness for the Board of Veterans'
Appeals, and for other purposes. (Equitable tolling is a doctrine or principle
of tort law: a statute of limitations will not bar a claim if despite use of due
diligence the plaintiff did not or could not discover the injury until after the
expiration of the limitations period.)
• HR5549, the Rating and Processing Individuals’ Disability Claims Act or the
Rapid Claims Act: Would provide VA a mechanism for identifying and expediting
claims that are "ready-to-rate" by granting the Secretary the authority to wave
the mandatory 60-day development period with the written permission of the
veteran. If a veteran submits a statement which indicates the veteran's intent
to submit a fully developed claim, the veteran would have one year from the date
of submission to provide the Secretary with a fully developed claim and access
to the expeditious treatment of their claim. If the Secretary determines the
claim is not fully developed, the VA will notify the veteran within 30 days of
the evidence and information required to rate the case.
[Source: TREA Washington Update 2 Jul 2010 ++]
COLA 2011 Update 03: The Bureau of Labor Statistics announced the May 2010 CPI-W
of 214.1 which is an increase of 0.1% from the March CPI-W of 213.9. The May
CPI-W of 214.1 is now down .6% from the 2008 COLA base of 215.5. The 2008 COLA
base will be used to calculate the 2010 COLA since there was no 2009 COLA as a
result of negative inflation from the third quarter of 2008 to the third quarter
of 2009. [Source: MOAA News Exchange 30 Jun 2010 ++]
TSA Guidance for Passengers: In order to meet new security procedures the
Transportation Security Administration (TSA) encourages all international
passengers on flights to the U.S. to use the following guidance which will help
make their passage through the airport as efficient and comfortable as possible.
Pack Smart
• Pack an organized carry-on bag using layers. A layer of clothes, then
electronic, more clothes, and then any heavier items. This will help
transportation security officers see what's in your bag. Innocent items can
actually appear to be potential threats in an X-ray image, simply by the way
they're packed.
• Do not pack oversized electronics (laptops, full-size video game consoles, DVD
players and video cameras that use cassettes) in your checked baggage when
possible. However, be advised that you will be required to remove these items
from your carry-on bag and submit them separately for x-ray screening. Small
electronics, such as iPods, can remain in your carry-on. For more information on
laptop bag procedures, refer to
• http://www.tsa.gov/press/happenings/simplifying_laptop_bag_procedures.shtm .
• Prepare your 1 quart-sized, clear, plastic, zip-top bag of liquids before
arriving at the airport. For more information on liquid rules refer to http://www.tsa.gov/311/
• Pack all your coats and jackets in your checked baggage when possible. All
coats and jackets must go through the X-ray machine for inspection.
• Do not wrap gifts. If a security officer needs to inspect a package, they may
have to unwrap your gift. Wait until you've reached your final destination to
wrap gifts.
• Film. Undeveloped film should go in your carry-on bag. You will able to
declare film that is faster than 800-speed to a transportation security officer
for physical inspection to avoid being X-rayed.
• When in doubt, leave it out. If you're not sure about whether you can bring an
item through the checkpoint, put it in your checked bag or leave it at home. For
a list of prohibited items refer to http://www.tsa.gov/travelers/airtravel/prohibited/permitted-prohibited-items.shtm.
Dress the Part
• Transportation security officers have to identify any metal that is detected
at the checkpoint. If the metal detector alarms when you pass through, you will
be required to undergo additional screening. This includes a hand-wand and
pat-down inspection. Items that might set off an alarm on the metal detector
include:
1. Keys, loose change, mobile phones, pagers, and personal data assistants (PDAs).
2. Heavy jewelry (including pins, necklaces, bracelets, rings, watches,
earrings, body piercings, cuff links, lanyards or bolo ties).
3. Clothing with metal buttons, snaps or studs. Also, belt buckles and
Under-wire bras
4. Metal hair barrettes or other hair decoration.
5. Body Piercings. Certain metal body piercings may cause you to alarm at the
metal detector, which will result in you getting additional screening. If
additional screening is required, you may ask to remove your body piercing in
private as an alternative to the pat-down search.
• Head Coverings. You are permitted to wear head coverings and religious
garments during the screening process. You may be directed to additional
screening if your headwear or clothing (religious or other-wise) is loose
fitting or large enough to hide prohibited items. For more information refer tp
http://www.tsa.gov/travelers/airtravel/assistant/editorial_1037.shtm.
• Shoes. Travelers are required to remove their shoes before entering the
walk-through metal detector at all U.S. airports and put them through the x-ray
machine for inspection. This allows officers to see if the shoes have been
tampered with in any way.
Acceptable Documents - The items you'll need to present to a Transportation
Security Officer at the checkpoint are:
• Boarding pass.
• Identification (see www.tsa.gov/assets/pdf/apis_documents.pdf )
Note: Each adult traveler should keep his/her airline boarding pass and
government-issued photo ID available until exiting the security checkpoint
(children are not required to show identification). If you do not have
identification (i.e.it lost, stolen, etc.), you will be required to provide the
document checking officer with some information to help verify your identity.
This will slow down your screening process and will result in additional
screening.
Hassle-Free Security Tips
• Arrive on time. Arrival time recommendations vary by airline and day of
travel, so check with your carrier. Remember to give yourself adequate time to
check your baggage and move through security.
• Wear slip-on shoes. This will allow you to take them off and put them back on
quickly, without having to sit down.
• Remove all animals from their carrying cases and send the case through the
X-ray machine. Hold your pet in your arms and proceed through the metal
detector.
• Children. Take your infants and children out of baby carriers and strollers
and take them through the metal detector with you. Strollers and baby carriers
go through the X-ray machine with your bags. If possible, collapse your stroller
before you get to the metal detector. For more information about traveling with
children refer to http://www.tsa.gov/travelers/airtravel/children/index.shtm
• Think before you speak. Belligerent behavior, inappropriate jokes and threats
will not be tolerated. They will result in delays and possibly missing your
flight. Local law enforcement may be called as necessary.
• Helpful Videos. Make your screening experience as smooth as possible. Select a
video at www.tsa,gov to help you understand the screening process.
[Source: U.S. Embassy Manila ACS Newsletter Jun 2010 ++]
Debt Collector's Rules: Debt collectors are infamous for some of their
underhanded tactics used to collect debts from consumers. Many collectors get
away with these tricks because consumers are not aware of the laws dictating how
collectors can – and how they cannot – deal with consumers when collecting a
debt. The Fair Debt Collection Practices Act, better known as the FDCPA, is a
federal law that governs the actions of parties acting as debt collectors for
personal debts. Auto loans, home loans, medical bills, and credit card accounts
are all considered personal debts. Whenever one of your creditors uses a
third-party to collect a debt, that third-party is obligated to follow the rules
of the FDCPA. If your rights under the FDCPA have been violated, you have one
year from the date of the violation to file a lawsuit against the debt
collector. You could receive up to $1,000 in addition to actual damages and
attorney fees. There are several things that a debt collector cannot do under
the FDCPA. They cannot:
• Call you before 8am or after 9pm
• Call you at work, provided the debt collector is aware your employer does
doesn’t approve of these phone calls
• Harass, oppress, or abuse you
• Lie to you or falsely imply that you have committed a crime
• Use unfair practices in an attempt to collect a debt
• Conceal his or her identity on the phone
• Disregard a written request from you to cease further contact
The law also dictates how the debt collector must act when communicating with a
person other than the debt collector.
• The collector is prohibited from giving out information pertaining to your
debt to anyone but you or your spouse (or your parent if you're a minor).
• Debt collectors are not allowed to communicate via post card or use any kind
of symbol or language on an envelope that indicates they are a debt collector.
Once the debt collector learns you are represented by an attorney – and has the
contact information for the attorney – the debt collector can only communicate
with the attorney.
• Debt collectors are prohibited from using any form of harassment or abuse
while attempting to collect. They cannot threaten violence against the debtor,
their reputation, or their property. In addition, debt collectors cannot use
obscene or profane language when communicating with the debtor via phone or
through mail. Collection agencies and their collectors cannot publish any kind
of listing of consumers that have not paid debt, except to a consumer bureau.
[Source: About.com Credit/Debt Management LaToya Irby article 22 May 2010 ++]
Medicare Fraud Update 43:
• Tennessee - Benchmark Physical Therapy has entered into a settlement with the
federal government and the state of Tennessee to pay over $1.8 million resolving
allegations that it improperly billed the Medicare and TennCare/Medicaid
programs for physical therapy services. Benchmark violated the federal False
Claims Act and the Tennessee Medicaid False Claims Act by submitting claims to
the TennCare program for physical therapy that were not reimbursable.
Specifically, the government's claim was that between 2001 and 2006, Benchmark
submitted claims representing that it had provided therapeutic exercise for
TennCare patients when medical records indicated that the patients had instead
received aquatic therapy, a service subject to reimbursement restrictions. It
was also alleged that Benchmark submitted claims through the Medicare program
for physical therapy services which did not qualify for payment or were not
medically necessary.
• Chicago IL - A group of doctors at Rush University Medical Center's
prestigious orthopedic department routinely overbooked their schedules and
relied heavily on residents to perform surgeries, violating federal Medicare
billing rules, according to a newly unsealed whistle-blower lawsuit filed in
U.S. District Court in Chicago. The suit alleges that in one instance, a surgeon
never entered the operating room to supervise a procedure. In others, a surgeon
monitored residents performing operations via video feed while simultaneously
performing his own operations in nearby rooms.The lawsuit, filed by another Rush
surgeon, Dr. Robert Goldberg, along with a former hospital executive, portrays
Rush's orthopedic center as a business focused on quantity over quality, risking
patient health in pursuit of "monetary rewards and celebrity status." To do
that, doctors sidestepped specific Medicare billing rules that require teaching
physicians to be present during critical portions of procedures, the suit said.
Six surgeons are named as defendants; the lawsuit mainly focuses on procedures
performed in 2004 and 2005.Whistle-blower lawsuits relate to claims in which the
government is victimized, and plaintiffs stand to share in a portion of any
monetary awards. In this case, some of the plaintiffs' accusations, related to
the use of office space in return for patient referrals, have been settled by
the Justice Department, with the medical center agreeing to pay more than $1.5
million but not admit wrongdoing. After that settlement in March, the other
accusations relating to surgical practices were unsealed.
• Orange Cnty CA - A heart monitoring Services Company has agreed to pay $3.6
million to resolve allegations it defrauded government health care programs. The
settlement was finalized 8 JUL with National Cardio Labs L LC, the company's
manager Adrienne Stanman and her husband and former manager Robert Parsons. A
lawsuit accused the company of submitting false health care claims to Medicare,
TRICARE and health insurance carriers contracted through the Federal Employee
Health Benefits Program between JAN 98 and FEB 04. The defendants paid the
United States nearly $2.3 million in late May, forfeited $584,000 in assets and
will pay the remaining $720,000 by 21 JUL.
• Dearborn MI - Ali Makki, M.D pleaded guilty 8 JUL to health care fraud,
falsifying an immigration form for a patient, and underreporting income taxes.
From JUL 04 through SEP 09, he admitted to knowingly submitting false claims to
Medicare about X-rays provided to his Medicare patients. He obtained $113,777 in
false claims, he said. Makki, 50, also said he falsified an immigration form for
a patient applying for naturalization in an effort to exempt his patient from
certain requirements necessary for naturalization and failed to report cash
receipts on his 2003 federal income tax return. Under his plea agreement, he
faces up to 30 months in federal prison. Under the False Claims Act, Makki also
forfeited commercial real property with an appraised value of more than $4.7
million in Canton and Dearborn, and some $76,000 in cash.
[Source: Fraud News Daily reports 1-14 Jul 2010 ++]
Medicad Fraud Update 17:
• Medi-Cal - California Medi-Cal officials paid $273,000 from JAN 07 thru JUN 08
to health providers who claimed to have rendered care to 35 patients who were
already dead at the purported time of the service, raising questions about the
agency’s accounting and potential health provider fraud. In a response to
auditors, California officials said they would send money back to federal
funders to cover their half of the claims paid for dead people, since half of
the Medi-Cal program's funding comes from federal dollars and half from state
funds. Medi-Cal leaders said they had systems in place to stop payment for care
rendered to dead people and had sent letters demanding health providers to send
back $7,300. But the Department of Health Care Services, which operates Medi-Cal,
noted there were potential delays in updating their data files that enabled the
payments in question. Doctors and other health providers tend to render services
to patients, such as a prostate exam or psychotherapy, and bill Medi-Cal later.
In the future the state plans to cut off Medi-Cal payment to caregivers who bill
more than $50,000 for services to the dead.
• Woburn MA - A Woburn-based clinical testing laboratory has been indicted for
allegedly orchestrating an extensive Medicaid Fraud and kickback scheme using
―straw companies‖ and overcharging the state’s Medicaid program. A Middlesex
Grand Jury returned 42 indictments yesterday against Callow Laboratories, Inc.
(―Calloway‖), two of its principals, and two employees of a sober house. The
indictments allege that Calloway, Chief Executive Officer Arthur Levitan, and
Chief Operating Officer Patrick Cavanaugh, engaged in a pervasive kickback
scheme involving two straw companies which funneled kickbacks to sober houses,
as well as paid middlemen and a medical office to illegally obtain urine drug
screening business paid by MassHealth, the Commonwealth’s Medicaid program. The
Commonwealth alleges that MassHealth paid in excess of $10.6 million for urine
drug screen business obtained by Calloway as a result of these illegal
kickbacks. Other indictments returned 6 JUN allege submission of false claims to
MassHealth, Larceny Over $250, and Corruption of a Witness.
• Las Vegas NV - Nelida Calina, 55, pleaded guilty to a felony offense after
submitting false claims regarding care for Medicaid patients through her
company, ABC Home Care Services, officials said. Information suggesting that
personal care aid services were not being provided to Medicaid recipients
prompted the investigation in 2007, officials said. The investigation revealed
Calina was submitting false claims to Medicaid about providing home health
services to Medicaid recipients. Calina was not at patients’ homes during the
times she claimed to be providing services, according to the attorney general.
District Court Judge Valerie Adair on 9 JUL suspended a jail sentence for Calina
but ordered her to perform 16 hours of community service each month she is
unemployed and pay $44,000 in restitution, penalties and costs, in addition to 5
years probation.
[Source: Fraud News Daily reports 1-14 Jul 2010 ++]
State Veteran's Benefits: The state of Arizona provides several benefits to
veterans. To obtain information on these refer to this Bulletin’s Attachment for
an overview of those listed below. Benefits are available to veterans who are
residents of the state. For a more detailed explanation of each click on ―Learn
more about ...‖ wording highlighted in blue on the attachment.
• Housing Benefits
• Financial Assistance Benefits
• Employment Benefits
• Education Benefits
• Other State Veteran Benefits
[Source: www.military.com/benefits/veteran-benefits/arizona-state-veterans-benefits
Jul 2010 ++]
Military History: The only plane ever to drop a bomb on the United States during
WWII was a submarine based Glen float plane on September 9, 1942. On that day
its carrier, an I-25 class Japanese submarine, was cruising in an easterly
direction raising its periscope occasionally as it neared the United States
Coastline. Japan had attacked Pearl Harbor less than a year ago and the Captain
of the attack submarine knew that Americans were watching their coast line for
ships and aircraft that might attack our country. Dawn was approaching; the
first rays of the sun were flickering off the periscopes lens. Pilot Chief
Warrant Officer Nobuo Fujita and his crewman Petty Officer Shoji Okuda were
making last minute checks of their charts making sure they matched those of the
submarine’s navigator. Their mission; attack the west coast with incendiary
bombs in hopes of starting a devastating forest fire. If this test run were
successful, Japan had hopes of using their huge submarine fleet to attack the
eastern end of the Panama Canal to slow down shipping from the Atlantic to the
Pacific. The Japanese Navy had a large number of I-400 submarines under
construction, each capable of carrying three aircraft.
Aboard the submarine the Captain’s voice boomed over the PA system, ―Prepare to
surface, aircrew report to your stations, wait for the open hatch signal‖ During
training runs several subs were lost when hangar door were opened too soon and
sea water rushed into the hangars and sank the boat with all hands lost. You
could hear the change of sound as the bow of the I-25 broke from the depths,
nosed over for its run on the surface. A loud bell signaled the ―All Clear.‖ The
assigned crew for the single engine Yokosuki E14Ys floats equipped observation
and light attack aircraft sprang into action. They rolled the plane out its
hangar built next to the conning tower. The wings and tail were unfolded, and
several 176 pound incendiary bombs were attached to the hard points under the
wings. This was a small two passenger float plane with a nine cylinder 340 hp
radial engine. It was full daylight when the Captain ordered the aircraft to be
placed on the catapult. Warrant Officer Fujita started the engine, let it warm
up, checked the magnetos and oil pressure. There was a slight breeze blowing and
the seas were calm. A perfect day to attack the United States of America. When
the gauges were in the green the pilot signaled and the catapult launched the
aircraft. After a short climb to altitude the pilot turned on a heading for the
Oregon coast.
The small Japanese float plane had climbed to several thousand feet of altitude
for better visibility and to get above the coastal fog. The pilot had calculated
land fall in a few minutes and right on schedule he could see the breakers
flashing white as they hit the Oregon shores. The pilot of the aircraft checked
his course and alerted his observer to be on the lookout for a fire tower which
was on the edge of the wooded area where they were supposed to drop their bombs.
These airplanes carried very little fuel and all flights were in and out without
any loitering. The plane reached the shore line and the pilot made a course
correction 20 degrees to the north. The huge trees were easy to spot and
certainly easy to hit with the bombs. The fog was very wispy by this time. The
pilot activated the release locks so that when he could see a drop site the
bombs would release. His instructions were simple, fly at 500 feet, drop the
bombs into the trees and circle once to see if they had started any fires and
then head back to the submarine.
The bombs tumbled from the small seaplane and impacted the forests, the pilot
circled once and spotted fire around the impact point. He executed an 180 degree
turn and headed back to the submarine. There was no air activity, the skies were
clear. The small float plane lined up with the surfaced submarine and landed
gently on the ocean, then taxied to the sub. A long boom swung out from the
stern. His crewman caught the cable and hooked it into the pickup attached to
the roll over cage between the cockpits. The plane was swung onto the deck, The
plane’s crew folded the wings and tail, pushed it into its hangar and secured
the water tight doors. The I-25 submerged and headed back to Japan.
This event, which caused no damage, marked the only time during World War II
that an enemy plane had dropped bombs on the United States mainland. What the
Japanese didn’t count on was coastal fog, mist and heavy doses of rain made the
forests so wet they simply would not catch fire. Fifty years later the Japanese
pilot, who survived the war, would return to Oregon to help dedicate a
historical plaque at the exact spot where his two bombs had impacted. The
elderly pilot then donated his ceremonial sword as a gesture of peace and
closure of the bombing of Oregon in 1942.
• Refer to www.historynet.com/japan-bombs-the-west-coast-november-98-aviation-history-feature.htm
for a more detailed account if this event.
• For pictures of the plane, Warrant Officer Fuj ita, and the Oregon memorial
plaque refer to www.eugeneleeslover.com/Japanese bomb Oregon.html .
• For photos of the I-14 class Japanese submarine capable of carrying two
aircraft refer to www.eugeneleeslover.com/AMMUNITION/SUB-RAIDERS-OF-TOMORROW.html.
• For an audio narrative and videos on Japanese Balloon bombs refer to
www.eugeneleeslover.com/VIDEOS/Japanese_Balloon_Bomb.html.
[Source: www.eugeneleeslover.com/Japanese_bomb_Oregon.html Gene Slovers U.S.
Navy Pages Norm Goyer article Jun 2010 ++]
Military History Anniversaries:
• Jul 16 1779 - Revolutionary War: American troops capture Stony Point, N.Y.
• Jul 16 1945 - WWII: The United States detonates the first atomic bomb in a
test at Alamogordo, N. M.
• Jul 17 1898 - Spanish-American War: U.S. troops take Santiago de Cuba.
• Jul 17 1966 - Vietnam: Ho Chi Minh orders a partial mobilization of to defend
against American airstrikes.
• Jul 18 1915 - WWI: 2nd Battle of Isonzo begins & ends with loss of 280,000 men
• Jul 18 1942 - WWII: German Me-262, the first jet-propelled aircraft to fly in
combat, makes its first flight.
• Jul 18 1971 - Vietnam: New Zealand and Australia announce they will pull their
troops out of Vietnam.
• Jul 19 1942 - WWII: German U-boats are withdrawn from positions off the U.S.
Atlantic coast due to American anti-submarine countermeasures.
• Jul 20 1917 - WWI: Draft lottery held; #258 is 1st drawn
• Jul 20 1944 - WWII: Adolf Hitler is wounded in an assassination attempt by
German Army officers.
• Jul 20 1950 - Korean War: The U.S. Army’s Task Force Smith is pushed back by
superior forces.
• Jul 21 1861 - Civil War: In the first major battle of the War, Confederate
forces defeat the Union Army along Bull Run near Manassas Junction, Virginia.
The battle becomes known as Manassas by the Confederates, while the Union calls
it Bull Run
• Jul 21 1944 - WWII: U.S. Army and Marine forces land on Guam in the Marianas.
• Jul 21 1954 - Vietnam: The French sign an armistice with the Viet Minh that
ends the war but divides Vietnam into two countries.
• Jul 22 1775 - Revolutionary War: George Washington took command of the
Continental Army.
• Jul 22 1814 - Five Indian tribes in Ohio make peace with the United States and
declare war on Britain.
• Jul 22 1966 - Vietnam: B-52 bombers hit the DMZ between North and South
Vietnam for the first time.
• Jul 22 1987 - Gulf War: US began escorting re-flagged Kuwaiti tankers in
Persian Gulf
• Jul 23 1944 - WWII: US forces invade Japanese-held Tinian.
• Jul 23 1962 - The Geneva Conference on Laos forbids the United States to
invade eastern Laos.
• Jul 24 1990 - Gulf War: U.S. warships in Persian Gulf placed on alert after
Iraq masses nearly 30,000 troops near its border with Kuwait
• Jul 25 1944 - WWII: Allied forces begin the breakthrough of German lines in
Normandy.
• Jul 25 1990 - Gulf War: U.S. Ambassador tells Iraq, US won't take sides in
Iraq-Kuwait dispute.
• Jul 27 1861 - Civil War: Confederate troops occupy Fort Fillmore, New Mexico
• Jul 27 1944 - WWII: U.S. troops complete the liberation of Guam.
• Jul 27 1953 - Korea: Representatives of the United Nations, Korea and China
sign an armistice at Panmunjon ending the war.
• Jul 27 1964 - Vietnam: President Lyndon Johnson sends an additional 5,000
advisers to South Vietnam.
• Jul 28 1914 - WWI: War begins when Austria-Hungary declared war on Serbia
followed by Germany declaring war on France (3 AUG). On 4 AUG Germany invaded
Belgium, Britain declared war on Germany, and President Woodrow Wilson declared
policy of U.S. neutrality.
• Jul 28 1945 - A B-25 bomber crashes into the Empire State Building in New York
City, killing 13 people.
• Jul 28 1965 - Vietnam: LBJ sends 50,000 more soldiers to Vietnam (total of
125,000)
• Jul 29 1915 - U.S. Marines land at Port-au-Prince to protect American
interests in Haiti.
• Jul 29 1967 - Fire aboard carrier USS Forrestal in Gulf of Tonkin kills 134.
$100 million damage
• Jul 30 1942 - FDR signs bill creating women's Navy auxiliary agency (WAVES)
• Jul 30 1944 - US 30th division reaches suburbs of St-Lo Normandy
• Jul 30 1945 - WWII: After delivering parts of the first atomic bomb the U.S.
cruiser Indianapolis is torpedoed/sinks, 880 die.
• Jul 31 1813 - Revolutionary War: British invade Plattsburgh NY
• Jul 31 1991 - Senate votes to allow women to fly combat aircraft
[Source: Various Jul 2010 ++]
=
Military Trivia 08:
• What auto maker built the first armored tanks used by U.S. troops in battle?
A: Renault. The French-made tanks first saw service in the Battle of St. Mibiel
on September 12, 1918. No American-made tanks were used in World War I.
• What baseball Hall of Famer was court-martialed for refusing to take a seat in
the back of a U.S. Army bus?
A: Jackie Robinson, in 1944, while a second lieutenant. He was acquitted.
• Which controversial hero graduated at the bottom of his West Point class in
1861?
A: Gen. George Armstrong Custer.
• What twentieth-century American general had a grandfather who was a
confederate brigadier general in the Civil War, and a great
-great-great-grandfather who was a general in the Revolutionary War? A: George
S. Patton.
• What was the name of Adolph Hitler's favorite dog--the Alsatian he used to
make sure his cyanide capsules were lethal?
A: Blondi. Hitler used the cyanide to commit suicide after seeing that it worked
on Blondi.
• What childhood name was shared by Gen. George A. Custer and Chief Crazy Horse,
the Oglala Sioux leader he faced at the Battle of the Little Bighorn?
A: Curly.
• How long did it take Napoleon to send a message from Rome to Paris--almost 700
miles--using a semaphore system to signal from mountaintop to mountaintop?
A: Four hours.
• The walls of what structure--made entirely of natural material--stand up
better to modern artillery than a concrete barricade, according to tests
conducted by the Swedish army?
A: The igloo. Not only do its walls absorb an artillery blast, but they are
almost invisible from the air and can't be spotted by the infrared sensors that
guide today's missiles.
• What film was based on the Civil War exploits of the 54th Massachusetts
Infantry Regiment? A: Glory. The 54th was one of two black regiments formed by
Massachusetts in 1862. Massachusetts was the first state to have blacks in its
organized militia.
• Where did Napoleon Bonaparte bid farewell to his imperial guard in 1814?
A: In the courtyard at Fontainebleau Palace which is now known as the Adieux
Courtyard. In French, adieux means "farewell."
• In World War II Navy slang, what was an airdale?
A: A naval aviation recruit.
• What was the daily ration of hard liquor for soldiers in the Continental Army
during the Revolutionary War?
A: Four ounces--when available.
• During World War II, what wearing apparel were American women encouraged to
turn in for use in making parachutes?
A: Their nylon stockings--which were melted down and turned into parachute
fabric.
• What army did the Greeks defeat at the battle of Marathon in 490 B.C.?
A: The Persian army. The marathon race commemorates the run a Greek courier made
from the battlefield to Athens to deliver news of the victory before collapsing
and dying of exhaustion.
• How many members of Lt. Col. George Armstrong Custer's family were killed at
the Battle of Little Big Horn?
A: Five, counting Custer. Those who died with him were his half-brothers, Tom
and Boston; nephew, Harry Armstrong Reed; and a brother-in-law; James Calhoun.
• A pin-up photo of what actress adorned the first test bomb dropped on Bikini
atoll in the Marshall Islands in July 1946?
A: Rita Hayworth.
[Source: www.triviafool.com/page93.htm Jul 2010 ++]
Tax Burden for New York Retirees: Many people planning to retire use the
presence or absence of a state income tax as a litmus test for a retirement
destination. This is a serious miscalculation since higher sales and property
taxes can more than offset the lack of a state income tax. The lack of a state
income tax doesn’t necessarily ensure a low total tax burden. Following are the
taxes you can expect to pay if you retire in New York:
State Sales Tax: 4.0% (food, prescription and non-prescription drugs exempt);
Other taxing entities may add up to 5.00% in additional sales tax.
Gasoline Tax: 44.6 cents/gallon
Diesel Fuel Tax: 43.8 cents/gallon
Cigarette Tax $2.75 per pack of 20; New York City adds an additional $1.50.
Personal Income Taxes
Tax Rate Range: Low - 4.0%; High - 8.97%. The state has enacted two new
temporary income tax rates in its 2010 budget levied on the highest-income
filers. For households with taxable income above $500,000, regardless of filing
status, the tax rate rises to 8.97% from 6.85%; for those with taxable income
below $500,000 but above $200,000 for single individuals, $250,000 for heads of
households, and $300,000 for married couples filing joint returns, the rate
increases to 7.85% from 6.85%.
Income Brackets: 5: Lowest - $8,000; Highest - $500,000 (For joint returns, the
taxes are twice the tax imposed on half the income.)
Personal Exemptions: Single - $0; Married - $0; Dependents - $1,000
Standard Deduction: Single - $7,500; Married filing jointly - $15,000
Medical/Dental Deduction: Federal amount
Federal Income Tax Deduction: None
Retirement Income:
Retirement Income Taxes: Social Security, military, civil service, New York
state/local government pensions are exempt. Also, up to $20,000 of qualified
private pensions for those 591/2 and older. Out-of-state government pensions can
be deducted as part of the $20,000 exemption. For more information on senior
citizen and retiree benefits refer to www.tax.state.ny.us/pdf/publications/income/pub36.pdf
.
Retired Military Pay: Exempt from taxes.
Military Disability Retired Pay: Disability Portion -- Length of Service Pay:
Member on September 24, 1975 -- No tax; Not Member on September 24, 1975 --
Taxed, unless combat incurred. Retired Pay -- Based solely on disability. member
on September 24, 1975 -- No tax. Not Member on September 24, 1975 -- Taxed,
unless all pay based on disability, and disability resulted from armed conflict,
extra-hazardous service, simulated war, or an instrumentality of war. For
information on taxes for military personnel in New York State refer to
www.tax.state.ny.us/pit/military_page.htm.
VA Disability Dependency and Indemnity Compensation: VA benefits are not taxable
because they generally are for disabilities and are not subject to federal or
state taxes.
Military SBP/SSBP/RCSBP/RSFPP: Generally subject to state taxes for those states
with income tax. Check with state department of revenue office.
Property Taxes
Property taxation is limited to real property. New York State law gives local
governments and public school districts the option of granting a reduction on
the amount of property taxes paid by qualifying senior citizens. This is
accomplished by reducing the assessed value of residential property owned by
seniors by 50%. To qualify, seniors must be 65 years of age or older and meet
certain income limitations and other requirements. For the 59% exemption, the
law allows each county, city, town, village or school district to set the
maximum income limit at any figure between $3,000 and $24,000. Localities have
the further option of granting an exemption of less than 50% to senior citizens
whose incomes exceed the local income limit by less than $1,000 in three income
ranges or $900 in six other income ranges. For example, in a community that has
taken this "sliding-scale" option and has adopted the $21,500 income maximum, an
eligible resident whose income is more than $21,500 but less than $22,500, is
entitled to a 45% exemption. If a person's income is more than $29,000 but less
than $32,400, the exemption is 5%.
There is no general, statewide homestead property tax exemption. However, a
taxpayer's primary residence may be partially exempted from school taxes under
the state's School Tax Relief Program (STAR) program. Seniors can take advantage
of this program that provides a partial exemption from school property taxes.
All New Yorkers who own and live in their one-, two-, or three-family home,
condominium, cooperative apartment, manufactured home, or farm dwelling are
eligible for a STAR exemption on their primary residence.
There are three parts to the STAR program:
The Basic STAR exemption is available for owner-occupied, primary residences
regardless of the owners' ages or incomes. Basic STAR works by exempting the
first $30,000 of the full value of a home from school taxes.
The Middle Class STAR Rebate program has been repealed for 2009. No rebates will
be issued.
The Enhanced STAR exemption is available for the primary residences of senior
citizens (age 65 and older) with yearly household incomes not exceeding the
statewide standard. For qualifying senior citizens, the Enhanced STAR program
works by exempting the first $60,100 of the full value of their home from school
property taxes. For property owned by a husband and wife, or by siblings, only
one of them must be at least 65 years of age as of
December 31 of the year in which the exemption will begin to qualify for the
Enhanced exemption. Their combined annual income, however, must not exceed the
STAR income standard. Call 877-678-2769 for details.
For general information on senior citizen and retiree benefits in New York refer
to www.tax.state.ny.us/pdf/publications/income/pub36.pdf.
Inheritance and Estate Taxes - There is no inheritance tax. Regarding the estate
tax, if the date of death is on or after January 1, 2004, the estate must file a
New York State estate tax return if any one of the following conditions are met:
(1) The decedent was domiciled in New York State at the time of death and the
total of the federal gross estate, federal taxable gifts and specific exemption
exceeds $1 million; (2) The decedent was not domiciled in New York State at the
time of death and the estate includes real or tangible personal property with a
situs in New York State, and the total of the federal gross estate, federal
taxable gifts and specific exemption exceeds $1million; or (3) The decedent was
neither a resident nor a citizen of the United States, the estate includes real
or tangible personal property with a situs in New York State, and the estate is
required to file a federal estate tax return.
For further information, visit the New York Department of Taxation and Finance
site www.tax.state.ny.us . [Source: www.retirementliving.com Jul 2010 ++]
Congressional Alphalist: To better understand what is happening to veteran
legislation as it proceeds through Congress it is useful to know the language
used by our representatives as they conduct business. Following are some of the
words or expressions you will see while reading about or listening to House and
Senate sessions:
• DEAR COLLEAGUE LETTER. Refers to a mass-produced letter sent by one member to
all fellow members. They usually describe a new bill and ask for cosponsors or
ask for a member's vote on an issue.
• DELEGATE. A member of the House from Samoa, Guam, Puerto Rico, Virgin Islands,
or Washington, D.C. The Constitution prohibits delegates from voting on the
House floor, but permits them to vote in Committee.
• DEMONSTRATION PROJECT. A project funded by the federal government in order to
test new technology or policies. It is intended to demonstrate the feasibility
of technology which might not find private funding.
• THE DESK. Refers to the rostrum where the presiding officer and the various
clerks of the chamber sit.
• DILATORY ACTION. A parliamentary motion used not for its intended purpose, but
to delay proceedings by using up floor time. Motions often used for dilatory
purposes include those to adjourn, to reconsider, to table, and to call for
unnecessary votes. The minority party most often uses dilatory strategies as
leverage for negotiations with the majority party.
• DISAPPEARING QUORUM. This is when senators leave the floor and refuse to
answer a quorum call. Disappearing quorums are planned to force the Senate to
adjourn. In the absence of a quorum, the Senate
may not conduct legislative business. Instead, the Senate must either adjourn or
leaders may continue to make motions to obtain a quorum.
• DISCHARGE PETITION. Starts a process to force a bill out of committee. A
successful petition requires the signatures of 218 members, which is a majority
of the House.
• DISCRETIONARY SPENDING. Refers to spending set by annual appropriation levels
made by decision of Congress. This spending is optional, and in contrast to
entitlement programs for which funding is mandatory.
• DISTRICT. The geographical area in a state represented by a House member, with
about 600,000 citizens. Members have one or more district offices depending on
the size of the area they represent.
• DISTRICT WORK PERIOD. The time set for House members to work in their district
away from Washington. During these periods, the House is not in session. Some
members use part of the time to travel.
• DIVISION VOTE - HOUSE. Requires members to stand and be counted. The chair
first counts the ayes, then the nays. The numbers are announced, but names are
not recorded. It is used mostly when the results of a voice vote is in doubt.
• DIVISION VOTE - SENATE. Requires Senators to either stand or raise their hands
to be counted. The chair first counts the ayes, then the nays. The numbers are
not announced nor are the names recorded. A division vote is used when the
results of a voice vote are in doubt.
[Source: C-SPAN Congressional Glossary Jul 2010 ++]
Veteran Legislation Status 12 JUL 2010: Senator Robert Byrd (D-WV), the Senate's
longest
serving member, died early morning of 28 JUN, at the age of 92. Senate rules
state that no business may be conducted whenever a member is lying in state on
the Senate floor. Therefore, the Senate adjourned late on 28 JUN and reconvened
at 2 p.m. on 12 JUL 2010. The House adjourned the evening of 1 JUL and
reconvened on 13 July 2010. Thus, little legislation was acted on until they
were in adjournment. For or a listing of Congressional bills of interest to the
veteran community that have been introduced in the 111th Congress refer to the
Bulletin’s Veteran Legislation attachment. Support of these bills through
cosponsorship by other legislators is critical if they are ever going to move
through the legislative process for a floor vote to become law. A good
indication on that likelihood is the number of cosponsors who have signed onto
the bill. Any number of members may cosponsor a bill in the House or Senate. At
http://thomas.loc.gov you can review a copy of each bill’s content, determine
its current status, the committee it has been assigned to, and if your
legislator is a sponsor or cosponsor of it. To determine what bills, amendments
your representative has sponsored, cosponsored, or dropped sponsorship on refer
to http://thomas.loc.gov/bss/d111/sponlst.html.
Grassroots lobbying is perhaps the most effective way to let your Representative
and Senators know your opinion. Whether you are calling into a local or
Washington, D.C. office; sending a letter or e-mail; signing a petition; or
making a personal visit, Members of Congress are the most receptive and open to
suggestions from their constituents. The key to increasing cosponsorship on
veteran related bills and subsequent passage into law is letting legislators
know of veteran’s feelings on issues. You can reach their Washington office via
the Capital Operator direct at (866) 272-6622, (800) 828-0498, or (866) 340-9281
to express your views. Otherwise, you can locate on http://thomas.loc.gov your
legislator’s phone number, mailing address, or email/website to communicate with
a message or letter of your own making. Refer to http://www.thecapitol.net/FAQ/cong
_schedule.html for dates that you can access your legislators on their home
turf. [Source: RAO Bulletin Attachment 28 Jun 2010 ++]
Have You Heard? Military Lingo
In today’s joint environment, it’s important to speak the ―language‖ of the
other armed services. Here’s a list of common expressions for each service:
NAVY/USMC ~ ARMY ~ AIR FORCE
Head ~ Latrine ~ Powder Room
Rack ~ Bunk ~ Single with ruffle and duvet
Mess Deck ~ Chow Hall ~ Dining Facility/Cafe' "Cookie" ~ Mess Cook ~ Contract
Chef
Coffee/Mud ~ Cup of Joe ~ Vanilla Latte'
Bug Juice ~ Kool-Aid ~ Shirley Temple
Utilities ~ BDU's ~ Casual Wear
Seaman/Private ~ Private ~ Bobby or Jimmy
Chief/Gunny ~ Sergeant ~ Bob or Jim
Captain/Skipper ~ Colonel ~ Robert or James Captain's Mast ~ Article 15 ~ Time
Out
Berthing/Barracks ~ Barracks ~ Apartment
Skivvies / U-Trau ~ Underwear ~ Tee Shirt & Panties Thrown in the Brig ~ Put in
confinement ~ Grounded Zoom ~ Bag ~ Flight Suit ~ Business Casual
Cover ~ Beret ~ Optional
NEX or MCXPX ~ PX ~ Shopping Mall
TAD ~ TDY ~ Working vacation
Cruise / Afloat ~ Deploy ~ Huh?
Ground Grabbers ~ Athletic Shoes ~ Flip-Flops Boondockers ~ Jump Boots ~
Berkenstocks
Low Quarters ~ Low Quarters ~ Patent Leather Pumps SEAL ~ Special Forces ~ High
Altitude Recon Hoo-Rah ! ~ Hoo-Ah ! ~ Uh-Oh !
MRE ~ MRE ~ Happy Meal
Grinder ~ Drill Field ~ What?
"It does not take a majority to prevail ... but rather an irate, tireless
minority, keen on setting brushfires of freedom in the minds of men."
-- Samuel Adams (1722 – 1803)
Lt. James ―EMO‖ Tichacek, USN (Ret)
Associate Director, Retiree Assistance Office, U.S. Embassy Warden & IRS VITA
Baguio City RP PSC 517 Box RCB, FPO AP 96517
Tel: (951) 238-1246 in U.S. or Cell: 0915-361-3503 in the Philippines.
Email: raoemo@sbcglobal .net Web:
http://post_119_gulfport_ms.tripod.com/rao1.html AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USD
R/VFW/VVA/CG33/D D890/AD37 member