Check with your National Service Officer of the Veteran's Organization you belong to for detailed information on all articles below, and how they pertain to your situation. Your NSO will have the lastest and most complete information
15 November 2009
THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES
== FPO/APO Mail Delivery Policy [02] ------ (Overseas Exclusion)
== VA Lawsuit (Randen Harvey) [01] ------- ($218,500 Settlement)
== VA Family Caregiver Assistance --------------------------- (S.1963)
== Tricare User Fee [43] ------------------------- (Chain E-mail Claim)
== TriWest Lung Health Service -------------------------------- (COPD)
== VA Claims Backlog [30] ------------------------- (Progress Report)
== VA Claims Backlog [31] ------------------- (TVC $400,000 Grant)
== Vet Jobs [11] ------------------------------------------------- (H.R.4058)
== Medicare Fraud [26] ------------------------------------- (1-15 Nov 09)
== Medicaid Fraud [02] ------------------------------------ (1-15 Nov 09)
== Veteran Statistics [01] ----------------------- (Public Opinion Polls)
== Tricare OTC Demonstration Project [01] --------------- (Extended)
== Veteran's Federal Employment [06] ------------- (Executive Order)
== TFL Cost Matrix --------------------------------------------- (FY 2010)
== FPO/APO Charity Policy ----------------------- (Humanitarian Aid)
== Texas Veteran Tuition [01] ------------------------ (Hazlewood Act)
== California DVA Audit ------------------------ (Delivery of Services)
== PTSD [32] ----------------------- (Groundbreaking Court Decision)
== PTSD [33] ------------------------------------ (Treatment Assessment)
== Selective Service System [06] --------------------- (Current Status)
== Cold War Medal [03] ----------------------------------------- (S.2743)
== NPRC Military Records [03] ------ (Request Policy Clarification)
== TRDP [07] ---------------------------------------------- (Rate Changes)
== Independent Budget FY 2011----------------------- (Critical Issues)
== Legislation of Interest [12] ------------- (House Vet Bill Approvals)
== Health Care Reform [15] ------------------------ (Vet Impact Myths)
== Layaway --------------------------------------------------- (BBB Advise)
== VA Homeless Vets [12] -------------------------------- (5 Year Plan)
== Heart Bypass Surgery ---------------------------- (VA Study Results)
== VA Lawsuit - Spine Surgery] --------------------- ($4.34M Award)
== Tricare Pharmacy Policy [04] ----- (Mail-Order/Retail Contacts)
== Charity Solicitations ------------------------------ (Questions to ask)
== Enlistment [03] -------------------------------- (Dependent Criteria)
== VA Disability Benefits------------------------------ (Rating Impact)
== MIA DNA -------------------------------------- (ID Samples Needed)
== SNAP ------------------------------------------------ (Food Assistance)
== Still Tasty ------------------------------------------ (Keep it or Toss it)
== VA Life Insurance ----------------------------------------- (Summary)
== SBP DIC Offset [21] ----------------------- (S.535 Support Needed)
== TSP [24] ------------------------------------------- (OCT 09 Slippage)
== TSP [25] ---------------------------------------- (Mutual Fund option)
== Medication Memory Aid ---------------------------- (Taking Pills)
== Military History Anniversaries ----------- (Nov 16-30 Summary)
== Tax Burden for Iowa Retirees ------------------------------ (2009)
== Veteran Legislation Status 13 Nov 09 ------- (Where we stand)
== Have You Heard ------------------------------- (Sublime Wisdom)
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FPO/APO MAIL DELIVERY POLICY Update 02: The state Department has given notice to 4,800 military retirees and their survivors living overseas who use APO and FPO addresses at U.S. embassies and consulates that their mailing privilege will cease 31 DEC 09. The Military Coalition (TMC), a consortium of nationally prominent military and veterans associations representing 5.5 million active, Guard, Reserve, retired and former members of the uniform services, plus their families and survivors, is asking you to urge the Secretary of State to rescind the State Department’s policy initiative that will eliminate embassy mail privileges for American uniformed service retirees overseas by 31 DEC 09. This is a critical issue for our retirees living overseas and receiving their Tricare medications via the U.S. Postal system. To contact the State Department Secretary use:
· Mail: U.S. Department of State, 2201 C Street NW, Washington, DC 20520
· Tel: Main Switchboard: 202-647-4000
· Email: Website for emailing: www.state.gov
In the interim the Military Coalition sent to Secretary of State Hillary Clinton the following letter:
The Honorable Hillary Clinton
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Dear Madam Secretary,
The Military Coalition (TMC), a consortium of nationally prominent military and veterans associations representing 5.5 million active, Guard, Reserve, retired and former members of the uniform services, plus their families and survivors, is writing to urge you to rescind the State Department’s policy initiative that will eliminate embassy mail privileges for American uniformed service retirees overseas by Dec. 31, 2009.
As you know, the State Department and the Department of Defense are in the process of shifting mail delivery to State Department facilities overseas from the traditional APO/FPO addresses to a new designation as Diplomatic Post Offices. This change will eliminate mail privileges to close to 4,800 military retirees, forcing them to use foreign mail systems that in some parts of the world can be slow, unreliable or expensive.
Further, timely mail delivery is of the utmost importance for those retirees who rely on the embassy mail privileges to receive their TRICARE Mail-Order Pharmacy prescriptions. They also receive their military retirement and Social Security checks via mail and could possibly become targets for theft and/or fraud.
It is our hope that possible alternatives can be realized before further implementation of this initiative so as to not penalize military retirees for choosing to live abroad. We thank you for your thoughtful consideration of this matter.
Sincerely,
The Military Coalition
[Source: AFSA eNewsletter & TREA Update 13 Nov 09 ++]
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VA LAWSUIT (RANDEN HARVEY) Update 01: The federal government has agreed to pay $218,500 to settle a $600,000 lawsuit over the fatal drug overdose of a young Michigan veteran who served as a U.S. Marine in Iraq. Randen Harvey died in 2006 at his father's home. His family had accused the Department of Veterans Affairs of failing to keep him in a hospital or commit him to a mental health facility. The 24-year-old Harvey served two tours in Iraq. He was honorably discharged as a lance corporal in NOV 05. Five months later, according to the lawsuit, he was diagnosed with post-traumatic stress disorder. Assistant U.S. Attorney Steven Croley said the government considered the settlement a 'reasonable resolution' given the cost of a trial. It admitted no liability. [Source: New York Times AP article 10 Nov 09 ++]
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VA FAMILY CAREGIVER ASSISTANCE: The Caregivers and Veterans Omnibus Health Services Act of 2009 (S.1963) was introduced by Sen. Daniel K. Akaka [D-HI], chairman of the Senate Veterans Affairs Committee, on 29 OCT 09. It would upon the joint application of an eligible veteran and a family member of such veteran (or other individual designated by such veteran), furnish to such family member (or designee) family caregiver assistance as part of home health services provided by the Veteran Affairs Department. The purpose of providing family caregiver assistance under the bill is to reduce the number of veterans who are receiving institutional care, or who are in need of institutional care, whose personal care service needs could be substantially satisfied with the provision of such services by a family member (or designee); and to provide eligible veterans with additional options so that they can choose the setting for the receipt of personal care services that best suits their needs. Those selected for participation in the program would be provided basic or additional instruction, preparation, and training as necessary with the goal of that individual becoming qualified and being approved by the VA as a personal care attendant for the veteran. Eligibility to participate in the program would extend to veterans (or member of the Armed Forces undergoing medical discharge from the Armed Forces) who:
· Have a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service on or after 11 SEP 01; and
· The Secretary determines, in consultation with the Secretary of Defense as necessary, is in need of personal care services because of an inability to perform one or more independent activities of daily living; a need for supervision or protection based on symptoms or residuals of neurological or other impairment or injury; or such other matters as the Secretary shall establish in consultation with the Secretary of Defense as appropriate.
The bill presently has no cosponsors and on 10 NOV Sen. Tom Coburn (R-OK) said he objected to the bill because its five-year, $3.7 billion cost was not offset. Subsequently, Senate Democratic leaders reached a tentative agreement with Sen. Coburn that averted the necessity of filing cloture on a veterans' health care omnibus measure and could lead to passage of the bill early next week. A spokesman for Sen. Akaka said the senator had not yet received the text of an amendment Coburn wishes to offer, but would take Coburn's word that one is coming and would put off seeking unanimous consent on the floor to bring up the bill (S.1963). Earlier in the day, Majority Leader Harry Reid (D-NV) said he would file for cloture on the omnibus measure if Republicans continued to block efforts to bring the bill up and pass it quickly." Approval of S.1963 would provide an array of vitally needed support services for family caregivers, such as respite care, financial compensation, vocational counseling, basic health care, relationship, marriage and family counseling and mental health care. [Source: Congressional Quarterly Oliveri article 11 Nov 09 ++]
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TRICARE USER FEE Update 43: Variations of a "Heads Up" chain e-mail message is being circulated on the internet claiming that Tricare is in jeopardy for retirees and that Tricare for Life deductibles and co-pays will increase up to $6,301 the first year with future years being indexed to increase with inflation. For authenticity it cites a CBO report and implies that the Air Force Association and BG Bob Clement are in agreement with its content. This email and variations of it have been debunked by such groups as the The Retired Enlisted Association (TREA) and the Military Officers Association of America (MOAA) three separate times. The White House has also tried to combat the claim that efforts to overhaul health care include limiting or eliminating coverage for veterans. However, the RAO continues to receive inquiries asking what, if any truth there is to it. To answer the question, "Would health care overhaul efforts eliminate Tricare health coverage for members of the military and military retirees?", the answer is NO. This claim in the e-mail is false. Neither Congress nor President Obama has proposed legislation to that effect. The facts are:
· The nonpartisan Congressional Budget Office is responsible for a number of things, but drafting and proposing legislation are not among them. So contrary to what these widely forwarded e-mails claim, the CBO has not "drafted proposed legislation" that would reduce benefits for those who receive health care coverage through Tricare or Tricare for Life.
· What the CBO did in December of last year was present a list of 115 options to the House and Senate Committees on the Budget for "reducing (or, in some cases, increasing) federal spending on health care, altering federal health care programs, and making substantive changes to the nation’s health insurance system." The CBO issues a list of such recommendations on federal spending to every Congress. The first volume of last year’s list included Option No. 96, Introduce Minimum Out-of-Pocket Requirements Under Tricare For Life.
· Tricare is the health care program that provides coverage for active members of the military, retirees, their survivors and their dependents. In 2001, that coverage was extended to Medicare-eligible military retirees and their spouses and dependents through a program called Tricare for Life (TFL). The program provides supplemental Medicare coverage to Tricare beneficiaries who are enrolled in Medicare Parts A and B.
· According to the CBO, TFL pays "nearly all medical costs not covered by Medicare and requires few out-of-pocket fees." By limiting the amount of expenses covered by Tricare for Life (such as not paying the first $525 of an enrollee’s cost-sharing liabilities for calendar year 2011 and limiting coverage to 50 percent of the next $4,725 in Medicare cost sharing), the federal government could save roughly $14 billion and $40 billion through 2014 and 2019, respectively, according to the CBO.
· The CBO report doesn’t contain "a strong recommendation to eventually eliminate" the Tricare for Life program because "it is too expensive," as the e-mail claims. The CBO didn’t advocate that Congress actually go through with any of the options it listed in its report. Instead, the agency emphasized that "in keeping with CBO’s mandate to provide objective, impartial analysis, this report makes no recommendations." Accordingly, the report lists advantages and disadvantages for all of the options.
It’s also false that health care overhaul bills in Congress would roll back coverage for those who benefit from the Tricare programs. The e-mail claims that "this is true" and says that it appears on pages 77, 172, 218 and 434. There’s no reference to a particular bill, but a word search of the bills fund that the word "Tricare" does appear on pages 77, 172, 218 and 434 of "America’s Affordable Health Choices Act of 2009" (H.R.3200), which was introduced in the House in JUL 09. But nowhere on those pages, or anywhere else in the legislation, does it say that beneficiaries "would lose the Medicare for life benefit and would have to pay," or "would lose Tricare as a total care package." Some veterans’ organizations, including the American Legion, wrote letters to House Speaker Nancy Pelosi in July voicing concern that the legislation could impact health care for veterans. But the House Committee on Energy and Commerce said that the bill wouldn’t impact Tricare beneficiaries.
Furthermore, there are no proposed cuts to Tricare programs in the recently passed "Affordable Health Care for America Act of 2009" (H.R.3962), which combines three different House health care bills into one. And there is also no language in either the Senate Finance Committee or Senate Health, Education, Labor and Pensions Committee health care bills that discusses eliminating coverage under Tricare or Tricare for Life. In fact, section 1922 of the Senate Finance Committee bill specifically states that "...nothing in this Act shall be construed to prohibit, limit, or otherwise penalize eligible beneficiaries from receiving timely access to quality health care in any military medical treatment facility or under the Tricare program." The e-mail also claims that "a heavy assault has begun on Veterans’/Retirees’ benefits to pay for other programs our President promised during the campaign. And it is a high priority of the Obama administration." But the president has said repeatedly that he actually wants to expand coverage for veterans — not limit it. The White House has also responded to claims that health care overhaul bills would jeopardize veterans’ benefits, including Tricare and Tricare for Life, through its Reality Check Web site www.whitehouse.gov/realitycheck. [Source: www.FastCheck.org D’Angelo Gore article 10 Nov 09 ++]
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TriWest LUNG HEALTH SERVICE: TriWest Healthcare Alliance is offering a new lung health service to West Region TRICARE beneficiaries eligible for its Disease Management programs. Beneficiaries suffering from chronic obstructive pulmonary disease (COPD) can receive extra help through TriWest Healthcare Alliance, which manages the TRICARE military healthcare entitlement on behalf of the Department of Defense for 21 western States. Chronic obstructive pulmonary disease, or COPD, is a group of diseases that causes breathing-related problems. It includes emphysema, chronic bronchitis, and in some cases asthma. COPD is a leading cause of death, illness, and disability in the United States. Each year, more than 120,000 Americans die from it. Additionally, millions of hospital emergency room visits are due to people with COPD. In the United States, tobacco is a key factor in the development and spread of COPD, but asthma, exposure to air pollutants in the home and workplace, genetic factors, and respiratory infections also play a role. In the developing world, indoor air quality is thought to play a larger role in the development and progression of COPD than it does in the United States. Avoiding tobacco smoke, home and workplace air pollutants, and respiratory infections are key to preventing the initial development of COPD.
Treatment of COPD requires a careful and thorough evaluation by a doctor. The most important part of treatment is avoiding tobacco smoke and removing other air pollutants from your home or workplace. Symptoms such as coughing or wheezing can be treated with medication. Respiratory infections may be treated with antibiotics, if appropriate. Patients who have low blood oxygen levels in their blood are often given supplemental oxygen. The COPD program, launched by TriWest in September, is a no-cost entitlement for those who are eligible. Eligibility is determined by TRICARE and is based on claims history. Once a beneficiary is identified as eligible to participate in the program, DoD refers the beneficiary to TriWest, which in turn contact the beneficiary. The COPD Disease Management Program has a number of services to help beneficiaries manage their chronic lung diseases. The beneficiary can also access smoking cessation, exercise and nutrition help from their TriWest health coach. Beneficiaries can find additional resources on TriWest’s Condition Management Pagen www.triwest.com/beneficiary/healthy_living/condition/copd.aspx, www.TRICARE.Mil, or at www.ucanquit2.org, an online smoking cessation resource developed by DoD for U.S. service members. [Source: NAUS Weekly Update 13 Nov 09 ++]
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VA CLAIMS BACKLOG Update 30: NAUS reported on the progress the Veterans Benefits Administration (VBA) is making on reducing the number of ratings claims they have. In FY 2009, which ended on 30 SEP, the VBA made decisions on over 977,000 claims and received more than 1,013,000 new claims. Starting FY 2010 VBA had approximately 416,000 claims in progress. As of 7 NOV 09, VBA has 466,173 cases pending, of which 163,907, or 36% were over 125 days old. This is significant as the stated goal for processing is 125 days. Currently the average processing time is down to 156 days from a high earlier in the year of 161 days. These figures are only for Compensation and Pension cases and do not cover education benefits. [Source: NAUS Weekly Update 13 Nov 09 ++]
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VA CLAIMS BACKLOG Update 31: Texas Gov. Rick Perry on 12 NOV announced his office will fund a team of veterans counselors tasked with helping the Department of Veterans Affairs reduce the growing backlog of benefits claims pending in Houston and statewide. “For entirely too many Texas veterans, awaiting a response from the Department of Veterans Affairs has not been, I think, a good use of their time,” Perry said at a news conference inside American Legion Post 490 near Houston's Ellington Field. “It's taking too long. So what we're doing is working together to fix that.” The governor acknowledged he has no jurisdiction over the VA, a federal agency. But “Texas can no longer sit on the sidelines, vainly hoping things get better,” he said. The state's veterans are among the hardest hit by the VA's record claims backlog, which is approaching 1 million nationwide, Perry said. More than 39,000 applications are pending in Houston and Waco, the state's two VA regional offices. Perry said he's particularly disturbed by the fact that 41% of claims at the Houston VA Regional Office have been pending more than four months. “To veterans and their families, that could mean nearly half a year of untreated pain, unpaid bills and unresolved anxiety about the future,” Perry said. “Our veterans have fought bravely in faraway lands. They should not have to come home and do battle with their own government's bureaucracy.”
Perry said his office will provide a $400,000 grant to the Texas Veterans Commission (TVC) to create a new Claims Processing Assistance Team. The grant will enable the commission to hire up to 12 veterans counselors to cut through red tape and reduce delays associated with VA paperwork, he said. The counselors will work with the VA, but remain commission employees. They will not be authorized to adjudicate claims. “Through this team, TVC counselors will streamline, and hopefully accelerate the claims process, by identifying applications that are complete and ready for expedited review by the VA, and obtaining missing evidence when necessary,” Perry said. The VA appreciates the support from the governor's office, said Jessica Jacobsen, a VA spokeswoman. “VA has a long history working with the TVC and finds the support given from the individuals already onsite at our Houston and Waco VA Regional Offices invaluable,” Jacobsen said in a statement
Korean War veteran R.J. Ritter, 73, is a member of the American Legion Post that hosted Perry's news conference said he hopes the governor's initiative will enable veterans to get the help they need in a more timely manner. “It's not fair for the veteran to come home and have to wait six to eight months for the kind of medical care and benefits he really needs to have,” Ritter said. After nearly a decade of armed conflict and two wars, the VA is simply overwhelmed, said Edward Reyes, 54, a disabled Air Force veteran and service officer with the American Legion. “We honestly feel the VA is doing best they can to adjudicate claims, but I think that it's going to take some serious intervention to be able to cope with the excess workload they have,” Reyes said. What the VA really needs is more claims processors, said Michael Lacey, a 38-year-old disabled Army veteran of Desert Storm and American Legion service officer. “The VA says it takes two years to train a new employee to process claims,” Lacey said. “We've been in these conflicts for eight years and they haven't done anything about this.” [Source:
Houston Chronicle Lindsay Wise article 12 Nov 09 ++]
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VET JOBS Update 11: Representative Adam Smith (D-WA-09) on 6 NOV introduced H.R.4058, "Veterans to Work Pilot Program Act of 2009," which would require the Secretary of Defense to establish the Veterans to Work pilot program. The Act would be in effect from fiscal years 2011 through 2015, and would designate not less than 20 military construction projects in localities where veterans could be enrolled in qualified apprenticeship programs. The apprenticeship programs would be subject to agreements that would ensure, to the maximum extent feasible, apprentices are employed on that military construction project; and that, to the maximum extent feasible, apprentices shall be veterans. The bill has been referred to the House Committee on Armed Services. [Source: NGAUS Leg Up 13 Nov 09 ++]
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MEDICARE FRAUD Update 26:
· Miami FL: A Miami man arrested in June on charges he laundered money in a scheme to defraud Medicare was sentenced on 30 OCT to four years behind bars. Ihosvanny Anaya Martinez, 42, of Miami-Dade is alleged to have laundered more than $1.2 million in proceeds through various bank accounts between 2006 and 2008. The scheme was operated through BJB Pharmacy, which submitted more than $5.6 million in fraudulent claims for reimbursement to Medicare, mostly for durable medical equipment claims. Martinez, who was president of Marbe Distribution corp. and Padrino Services, withdrew more than half of that money – $683,780– in cash through more than 200 transactions, according to a news release from the acting U.S. attorney’s office. In addition to prison, Martinez also is subject to a money judgment of $1,226,784.
· Detroit MI: Miami resident Daisy Martinez pleaded guilty to one count of conspiracy to defraud the Medicare program 30 OCT in U.S. District Court in Detroit. At her sentencing she faces a maximum penalty of 10 years in prison and a $250,000 fine. In her guilty plea, she admitted that in MAR 06, she devised a scheme with co-conspirator Jose Rosario to open a clinic that purported to specialize in infusion and injection therapy services with the sole purpose to defraud Medicare. Martinez and her co-conspirators opened Sacred Hope Medical Center Inc. in Southfield, MI. They recruited various co-conspirators into their scheme, including an office manager to help run the clinic; a physician, purportedly to treat patients at the clinic; and recruiters/drivers who were in charge of bringing Medicare beneficiaries to the clinic. Martinez admitted in her guilty plea that during the time SHMC was open, it routinely billed the Medicare program for services that were medically unnecessary or were never provided and that patients were prescribed medications at the clinic based not on medical need, but on what medications were likely to generate Medicare reimbursements. Martinez, along with Rosario, admitted to helping falsify medical files maintained by the clinic to make the treatments purportedly being given there appear legitimate, when in fact they were not. Medicare beneficiaries were not referred to Sacred Hope by their primary care physicians, or for any other legitimate medical purpose, but rather were recruited to come to the clinic through the payment of kickbacks. In exchange for those kickbacks, beneficiaries would visit the clinic and sign documents indicating that they had received the services billed to Medicare. Between MAR 06 and MAR 07 she and her co-conspirators caused the submission of approximately $15,312,000 in false and fraudulent claims. Medicare paid approximately $10,765,000on those claims.
· New Orleans LA: Dr. Gregory Khoury, a resident of Oklahoma City, Oklahoma, was indicted 12 NOV by a federal grand jury in a 48-count indictment with over $1 million in health care fraud. According to the indictment, between 1999, until about JUN 06 he defrauded Medicare, the Federal Employee Health Benefit Plan (FEHBP) and its associated health care benefit providers, Blue Cross and Blue Shield (BCBS), Tricare, and Travelers Insurance Company, who processed worker’s compensation claims. Specifically, the indictment alleges Khoury fraudulently submitted claims to Medicare, FEHBP, BCBS, Tricare and Travelers for patients who were not physically present in his office. Part of the scheme was that his billing often represented that he was spending well over eight hours with one patient at a time. Instead, the indictment alleges that he discussed the absent patient’s condition with a family member or other related or interested person. Additionally, according to the indictment, he also met with an interested person or family member instead of the patient and falsely billed Medicare, FEHBP, BCBS, Tricare and Travelers for services he claimed to have performed for the absent patient. At the same time, he falsely billed the insurers for services he claimed he performed for the person while he was speaking about the absent patient. It is charged that Khoury then submitted fraudulent claims as if those services had been rendered to the absent patient. As a result of the alleged fraud, he was paid approximately $1,357,618.14 he was not entitled to receive. The U.S. reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
[Source: Fraud News Daily reports 1-15 Nov 09 ++]
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MEDICAID FRAUD Update 02:
· Washington D.C.: The head of a now-defunct D.C. medical supplies company has been indicted for health care fraud and is accused of falsely billing the government for hundreds of thousands of dollars for deluxe power scooters or high-end wheelchairs while giving Medicaid recipients cheaper wheelchairs or walkers. A federal grand jury indicted Donna Carney-Barry of Northwest Washington on five counts of health care fraud. She faces more than 20 years in prison. Carney-Barry was the head of Doors of Hope Medical Supplies, a short-lived company that sold canes, walkers, hospital beds and wheelchairs. It maintained offices on the first floor of the Greater Southeast Hospital in D.C. She is accused of billing the system by "upcoding," providing a patient a cheaper piece of equipment, then billing Medicaid for a higher-priced item. Prosecutors said from 2003 to 2005, Doors of Hope submitted about $575,000 in Medicaid claims to the District of Columbia. More than half the claims were for power wheelchairs. Prosecutors said Carney-Barry turned in fraudulent claims that contained bogus diagnoses of the patients using the names of actual area doctors. The bills falsely claimed that a patient, for example, required a high-end electric wheelchair, such as the Jazzy 1420 power wheelchair for $14,000 or the Cruiser Bariatric Powerbase Chair for $11,000. Instead of ordering the high-end wheelchair, Carney-Barry would provide a walker or much cheaper piece of equipment, charging documents said.
· Omnicare: On 3 NOV Omnicare agreed to pay nearly $100 million to settle a series of complaints with the Justice Department for paying and receiving kickbacks. According to the government, Omnicare allegedly "solicited and received" kickbacks from health care giant Johnson & Johnson in exchange for "agreeing to recommend that physicians prescribe" the company's anti-psychotic drug Risperdal. And the government alleged Omnicare solicited and received $8 million in kickbacks from drug manufacturer IVAX in exchange for Omnicare's agreement to purchase $50 million in drugs from IVAX. "Omnicare is a company that has a lot of ethical problems," said Patrick Burns of the group Taxpayers Against Fraud. "This is not the first it has been nailed for fraud by the U.S. government. It is a repeat player in the fraud game." Omnicare allegedly also paid kickbacks, in one case shelling out $50 million to two nursing home chains in order to keep the chain's pharmacy business worth hundreds of millions of dollars. As is typical in these cases, Omnicare denied any wrongdoing. But the company was willing to swallow a nearly $100 million pill to make this headache go away. [Source: CBS News.com Armen Keteyian rticle 3 Nov 09]
· Jackson MS: A Jackson doctor is among five people to plead not guilty to conspiracy to defraud Medicare and Medicaid. Dr. Cassandra Thomas and four others were in U.S. District Court in Hattiesburg 4 OCT. A total of seven people are charged but two others had their arraignments delayed until 10 OCT. An indictment alleges Statewide Physical Medicine Group, Inc. billed Medicare and Medicaid for more than $39 million dollars in services in Mississippi from 2000 to 2005. The government agencies paid out $18 million dollars. All five were released on $50,000 dollars unsecured bond.
· Minneapolis-St. Paul MN: The owner of a Brooklyn Park personal care firm and two workers were charged 4 NOV in federal court with fraudulently getting more than $89,000 from Medicaid. The indictment is against Patrick Daniel Osei, the owner of Advance Home Health, as well as care assistants Crecida Marie Cade and Sabrina Marie Peterson. The three are accused of conspiring to defraud Medicaid through false claims to the state Department of Human Services for in-home personal care for two clients. Also, according to the indictment, they caused payments to Medicaid recipients in exchange for the firm billing for services that weren't provided. The fraud included claims for one client of 5,352 hours of care from OCT 07 to late SEP 09 when less than five hours were provided. Medicaid paid Advance $84,497.54 for the claim. That client was allegedly paid $800. Osei, 49, of Brooklyn Park, is charged with 15 counts of health care fraud and four counts of illegal remuneration, according to the U.S. attorney's office. Cade, 47, of Fridley, is charged with one count of conspiracy and six counts of health care fraud. Peterson, 38, of Minneapolis, is charged with one count of conspiracy and nine counts of health care fraud.
[Source: Fraud News Daily reports 1-15 Nov 09 ++]
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VETERAN STATISTICS Update 01: Following are the results of a number of public opinion surveys/polls related to how current day vets fair versus those from prior conflicts. The source Rasmussen Reports at www.rasmussenreports.com is an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information:
· Twenty-eight percent (28%) of adults nationwide believe that veterans of today’s conflicts in Iraq and Afghanistan face more challenges when they return home than veterans of the Vietnam War. However, the latest Rasmussen Reports national telephone survey finds that another 24% believe veterans of today’s conflicts face fewer challenges when they arrive home compared to those who served in Vietnam. The plurality (42%) believes the challenges veterans from both eras have faced are about the same.
· Of those who have served in the military 27% say today’s veterans have it worse, while nearly the same number (28%) say they face fewer challenges than those who fought in Vietnam.
· Polling during the summer of 2007 showed that 47% of voters believed the War in Iraq is similar to the War in Vietnam from the perspective of the United States, but another 44% disagreed and said the wars are not similar.
· Sixty-one percent (61%) of all adults now believe veterans should receive preferential treatment when applying for a home or a job, while 21% disagree. Another 18% are undecided.
· Sixty-seven percent (67%) of veterans say those who serve in the military should receive preferential treatment in these matters, compared to 60% of non-veterans.
· Slightly more Republicans than Democrats believe veterans should be given higher priority when it comes to applying for jobs and homes. Sixty-one percent (61%) of voters not affiliated with either party agree.
· In May 09, only 46% of Americans said military veterans should receive preferential treatment in hiring or promotion, while 29% disagreed.
· Sixty-three percent (63%) say National Guard members whose jobs were eliminated while they were on active duty should receive special preference in hiring for other jobs.
· Voter confidence in America’s conduct in the War on Terror is at its lowest level in nearly three years. But 52% of voters support no firm timetable when it comes to bringing troops home from Afghanistan.
[Source: Rasmussen Reports Recent Polls 9 Nov 09 ++
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TRICARE OTC DEMONSTRATION PROJECT Update 01: Tricare’s over-the-counter (OTC) medication demonstration project has been extended by one year. The program allows Tricare beneficiaries to substitute over-the-counter (OTC) versions of certain prescription drugs. The program, which was scheduled to end 4 NOV 09 as Tricare’s new pharmacy contract starts, will continue. However, it will now offer beneficiaries certain OTC medications for a $3 copayment. The program previously did not require any copayment. “We have decided to modify this demonstration and extend it for another year before evaluating the success of offering OTC drugs through our pharmacy benefit program,” said Public Health Service Rear Adm. Thomas McGinnis, chief of the Tricare Pharmaceutical Operations Directorate. “We hope beneficiaries will continue to use the program as the $3 copay remains far below the average out-of-pocket price of approximately $15 for these products if they were not covered by Tricare.” Examples of OTC medications available through the program include the allergy medications cetirizine and loratadine, and heartburn medications (proton-pump inhibitors) Prilosec OTC and its generic form omeprazole. As before, beneficiaries cannot just walk into a pharmacy and get OTC medications for $3. To use the program they still need a prescription from their health care provider for the OTC drug. For more information about the Tricare Pharmacy Program refer to www.tricare.mil/mybenefit/home/Prescriptions. [Source: Tricare Press Release 5 Nov 09 ++]
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VETERAN'S FEDERAL EMPLOYMENT Update 06: On 9 NOV President Obama signed an executive order designed to boost the number of veterans in the federal workforce. The directive creates Veterans Employment Program offices in federal agencies, to match veterans with job openings and help them navigate the application process. The offices also will give veterans guidance on how to adjust to civilian life after they are hired. "This initiative is about more than repaying our debt for their courageous service and selfless sacrifice," Obama said. "It's also about continuing to fill the ranks of federal employees with men and women who possess the skills, dedication and sense of duty that Americans deserve from their public servants. And few embody those qualities like our nation's veterans." In addition, the executive order establishes a Council on Veterans Employment, to be chaired by the secretaries of Labor and Veterans Affairs. It requires the Office of Personnel Management to develop a strategic plan in consultation with other agencies, such as the Defense, Homeland Security, Labor and Veterans Affairs departments. The order comes as the number of military members re-entering civilian life is ballooning.
OPM Director John Berry has emphasized the hiring of veterans, saying government should take a more proactive role in recruiting former military members and preserve veterans preference during the selection process. "We are going to honor our veterans and increase their employment in our domestic agencies," Berry said during Government Executive's Excellence in Government conference in July. The percentage of veterans in the federal workforce has increased just slightly in recent years. According to the Office of Personnel Management's most recent report, it rose 0.5 points from 25% in fiscal 2003 to 25.5% in fiscal 2007. Veterans groups and some managers praised Obama's order. "The federal government is really no different than any business when it comes to hiring quality people," said Joe Davis, spokesman for Veterans of Foreign Wars. "They want educated, responsible and motivated people who are loyal to the company and to each other. With the boomer generation beginning to retire en masse, it just makes good business sense for the federal government to do whatever it can to recognize and recruit this talented pool of job-ready employees." Pat Niehaus, Federal Managers Association chapter president and labor relations officer at Travis Air Force Base in California, said having an agency contact could be valuable to veterans re-entering civilian life. "In so many agencies, [the hiring process] is so computerized," Niehaus said. "If they had someone to help, I think it would be very beneficial to them. The civilian world is significantly different from the military world." [Source: GovExec Today Alex M. Parker article 10 Nov 09 ++]
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TFL COST MATRIX: The 2009 Tricare For Life Cost Matrix has been updated to reflect the Tricare FY 2010 rates (changes are in blue). Note that during a fiscal year (1 OCT - 30 SEP), the most you will spend out-of-pocket for Tricare-covered services and supplies is your catastrophic cap ($1,000 for active duty family members/$3,000 for other than active duty family members). If you meet your fiscal year catastrophic cap, Tricare will pay the allowable amount in full for medically necessary covered services and supplies for the remainder of the fiscal year. A copy is included as a Bulletin attachment.. The matrix may also be found in the Source Documents tab of the Customer Service Community Web site http://www.tricare.mil/customerservicecommunity. [Source: TMA C&CS msg 30 Sep 09 ++]
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FPO/APO CHARITY POLICY: With the holiday mail season approaching, the Military Postal Service Agency is reminding organizations and troops that shipping anything that can be considered humanitarian aid to APO or FPO addresses violates Defense Department regulations. “We understand that there’s a lot of caring in our service members,” MPSA policy analyst Peter Graeve said. “Military mail is not the right avenue.” In a recent news release, Army officials in Europe suggest those who want to send these sorts of materials should contact the International Red Cross or other charitable groups, rather than going through a service member. The Military Postal System “is funded by taxpayers for military mail delivered to authorized U.S. and allied recipients,” said Keith Jones, postal operations chief for the Army’s installation command in Europe. “Delivering parcels to nonauthorized recipients drains manpower and resources, and can delay delivery of parcels intended for our troops.” Graeve said such efforts could backfire if, for example, a local provincial leader in Iraq has been negotiating for humanitarian aid through official channels and is unaware of the troops’ efforts. “If one of those efforts goes the wrong way, and local leadership is embarrassed ... we’re trying to eliminate that possibility,” he said.
Army Chief Warrant Officer 5 Paul Holton got the message loud and clear, he said, when the Pentagon sent him a “cease and desist” letter about his efforts to help Iraqi children. “They said it was unlawful to get and receive items that weren’t for yourself, and that it was unlawful to solicit,” Holton said. The letter came during his tour in Iraq with the Utah National Guard in 2003-04, after he had received thousands of boxes of toys and needed items at his APO address in Iraq, which he gave out to Iraqi children in hospitals, orphanages and elsewhere. When Holton was getting toys through his APO address in Iraq, military mail was his only option. “Since then, we’ve come up with other options,” he said. He founded a nonprofit group, Operation Give, when he got back from Iraq in 2004. The group has shipped 75 40-foot containers overseas at $6,000 each, sending everything from toys and school supplies to wheelchairs, tools and sewing machines. The group also pays to airlift humanitarian supplies to Afghanistan.
The Defense Department has written internal news stories and releases extolling troops' efforts to help local communities where they are deployed. A story in February on the Pentagon's Web site details the efforts of an Army major whose friends and co-workers in Illinois sent him boxes of toys for children in an Iraqi school. "We've seen some of the same stories," Graeve said. "We're trying to put the word out there's a right way and a wrong way." He said officials do not have a good sense of how much of this mail is in the system or whether it has been increasing. [Source: MarineCorpsTimes Karen Jowers article 9 Nov 09 ++]
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TEXAS VETERAN TUITION Update 01: The Hazlewood Act provides qualified veterans, spouses, and children with an education benefit of up to 150 hours of tuition and fee exemptions at state supported colleges or universities. Effective with the fall 2009 term/semester, in order to be eligible to receive a Hazlewood Act Exemption, a veteran must:
· Have been a Texas resident upon entry into the military, entered the service in the State of Texas, or declared Texas as his or her home of record;
· Have a military discharge of honorable or general, under honorable conditions;
· Served at least 181 days of active duty service (excluding training);
· Not be in default on an education loan made or guaranteed by the State of Texas and not in default on a federal loan if that default is the reason the student cannot use his or her federal veterans’ benefits.
For Additional information and requirements refer to Hazlewood Act: Frequently Asked Questions at http://www.tvc.state.tx.us/BROCHURES/2009-Hazlewood_FAQ-Sept-2009.pdf. The awards are available only for use at a Texas public college or university. To access listings of Texas public colleges and universities, refer to the Texas Institutions of Higher Education site http://collegeforalltexans.com/index.cfm?ObjectID=D57D0AC5-AB2D-EFB0-FC201080B528442A and select any of the schools listed under the Texas Public Institutions. Note that the schools listed under Independent Institutions do NOT qualify for Hazlewood Exemptions. Effective 19 JUN 09 Senate Bill 93 of the 81st Texas Legislative authorized new provisions which remove certain residency restrictions, extend eligibility to spouses, and permit eligible veterans to assign their unused hours to their child. These new provisions are known as the "Hazelwood Legacy Act". To be eligible, the child must:
· Be a Texas resident,
· Be the biological child, stepchild, adopted child, or claimed as a dependent in the current or previous tax year,
· Be 25 years or younger on the first day of the semester or term for which the exemption is claimed (unless granted an extension due to a qualifying illness or debilitating condition), and
· Make satisfactory academic progress in a degree, certificate, or continuing education program as determined by the institution.
· If a child to whom hours have been delegated fails to use all of the assigned hours, a veteran may re-assign the unused hours that are available to another dependent child.
Eligible veterans, their children and spouses may receive an exemption from the payment of all tuition, dues, fees, and other required charges, including fees for correspondence courses, but excluding deposit fees, student service fees, and any fees or charges for books, lodging, board, or clothing for up to 150 semester credit hours. Funds may be used to pay tuition for continuing education classes for which the college receives no state tax support only if the governing board has approved this benefit. To use Hazlewood benefits or to transfer unused benefits to an eligible child, applicants must complete an application/release form and turn it into your college's Financial Aid Office or Veterans Services Office. Forms are available on-line at "College for All Texans: Exemptions for Texas Veterans" http://collegeforalltexans.com. Forms that you will need to complete, as applicable to your situation are:
· HE-V App Packet for Veterans Who Have Never Used the Exemption
· HE-D App Packet for Eligible Children and Spouses Who Have Never Used the Exemption
· HE-P App Packet for Previous Exemption Recipients (Veterans, Children, and Spouses)
· TUHH App Packet for the Transfer of Unused Hours to Eligible Child
· HE-T App Packet for A Child Who Has Received Transferred Hours
Your application (and your child's form) must be accomplished by the following items:
· Veterans must provide proof (DD214) from the Department of Defense regarding their military service and nature of discharge.
· Both veterans and dependents must also provide proof of eligibility or ineligibility for GI/Montgomery benefits (Chapter 33/Post 911) by requesting an education benefits letter from the VA office in Muskogee, OK at (888)-442-4551 or www.gibill.va.gov.
· Most recent Federal income tax return as proof that your child is claimed as a dependent of yours.
· Dependents must provide proof from Dept of Defense or from Veterans Administration regarding parent's death or disability related to service.
· Both groups should contact their college financial aid office regarding their status on prior federal student loans made or guaranteed by the State of Texas. [Source: Texas Veterans Commission www.tvc.state.tx.us/Hazlewood.html Nov 09 ++]
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CALIFORNIA DVA AUDIT: A new audit report issued by California's Independent State Auditor Elaine Howle found that the California Department of Veterans Affairs isn't delivering services as well as it should to the two million veterans living in the state. The report by the California Bureau of State Audits revealed that although it has begun to increase its Outreach efforts and to coordinate with other entities, the CalVet Home Loan Program is not designed to address the housing needs of some veterans and the department needs to improve its strategic planning process. It recommends that the California Department of Veterans' Affairs develops measurable goals and objectives that are directly aligned with the needs of the veteran community, based on a formal assessment of veterans' needs. A summary of the audit report is available at www.bsa.ca.gov/reports/summary/2009-108. The full audit report is available at www.bsa.ca.gov/pdfs/reports/2009-108.pdf. Highlights of the audit were:
· The department sees its role as providing few direct services to address issues California's veterans face, such as homelessness and mental illness. Instead, it relies on other entities to provide such services and its Veterans Services division (Veterans Services) is responsible for collaborating with these different entities.
· The department has only recently shifted its attention from its primary focus on veterans homes, deciding that Veterans Services should take a more active role in informing veterans about available benefits and coordinating with other entities.
· One of the department's primary goals for Veterans Services is to increase veterans' participation in federal disability compensation and pension benefits (C&P benefits). However, its ability to meet this goal is hampered by various barriers, including veterans' lack of awareness of the benefits, the complexity of the claims process, and delays at the federal level in processing these claims.
· Both Veterans Services and the County Veterans Service Officer programs (CVSOs) assist veterans to obtain C&P benefits. However, better coordination with the CVSOs and the use of additional data may enhance Veterans Services' ability to increase veterans' participation in these benefits.
· The department did not formally assess veterans' needs or include key stakeholders such as the CVSOs in its strategic planning process, nor did it effectively measure its progress toward meeting the goals and objectives identified in its strategic plan.
· As of MAR 09 the CalVet Home Loan program served 12,500 veterans. However, the program is generally not designed to serve homeless veterans or veterans in need of multifamily or transitional housing.
[Source: Military.com Veterans Report 2 Nov 09 ++]
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PTSD Update 32: A groundbreaking verdict for accused veterans with Post-Traumatic Stress Disorder (PTSD) was decided recently in Canyon City, Ore. when former Soldier Jesse Bratcher, on trial for murder, was found guilty by reason of insanity. Bratcher, a veteran of Iraq who was rated 100% by the VA for PTSD killed the alleged rapist of his pregnant girlfriend. For more information on the case refer to www.nvf.org/blog/item/50 . It appears to be the first trial in the U.S. where a veteran's post-traumatic stress disorder (PTSD) was successfully considered to mitigate the circumstances of a crime. [Source: Military.com Veterans Report 2 Nov 09 ++]
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PTSD Update 33: The Veterans Affairs Department wants to develop a Web-based system for tracking and analyzing clinical data about the treatment that veterans receive for post traumatic stress disorder (PTSD). The VA has said previously that it has expanded care for the large number of soldiers returning from service in Iraq and Afghanistan who suffer from the condition. The department now wants to be able to assess its treatment and outcomes. VA published a request for proposals from vendors for the PTSD treatment monitoring tool on the Federal Business Opportunities Web site 28 OCT. The software will run alongside VA’s VistA computerized patient record system and extract data on veterans’ PTSD care, according to the notice. The system will then generate reports for VA healthcare program managers.
Once the system is deployed, the program manager will be able to view a set of patients grouped by their providers and the patients’ summary of treatment. The system will let the program manager evaluate “how treatments are being applied across diverse clinics with convenience and efficiency,” the notice said. The PTSD software will use historical and current patient and appointment data, prescription information and assessments from a separate mental health assistant software tool that is incorporated in the patient record system. The vendor will apply a Java program to transform and analyze the data. For instance, prescription information could be converted into average dose with a start and end date, according to the notice. VA said it will apply information privacy and security safeguards, including controlled access to the program. The contract will be for one year. Vendors must respond by 13 NOV. The notice is online. [Source: Government HealthIT Mary Mosquera article 4 Nov 09 ++]
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SELECTIVE SERVICE SYSTEM Update 06: With America deeply involved in two wars and with our troops spread all over the world, is it time to dust off the idea of a military draft? Soldiers, sailors, and airmen and women are being sent back time and again to Middle East danger zones, with an increasing number of suicides attributed to the stress of these constant rotations. All this is unfolding despite the existence of a massive list of possible replacements – the 14 million names collected and tracked by the U.S. Selective Service System (SSS). Finding replacements through the Selective Service would mean reviving the draft, an idea that now sounds more like a distant echo of the 1960s than a real tool of U.S. policy. Yet taxpayers are paying $24 million per year to keep the Selective Service System, and its 2000 draft boards around the country, at the ready in case of a draft. When billions and trillions of dollars are the stuff of daily headlines, $24 million may not seem like much. But is there any reason for the continued existence of the Selective Service System?
President Richard Nixon formally ended the draft in 1972 at the height of the anti-war movement, but registration for a possible draft was reinstated in 1980 by President Jimmy Carter in response to the Soviet Union’s 1979 incursion into Afghanistan. Nevertheless, since the Nixon era, the entire United States Armed Forces has been an All-Volunteer Force (AVF). The AVF, to all extents and purposes, is the U.S. military today, augmented only by members of the National Guard Units and from the reserves of the Army, Navy, Marines, and the Air Force. Except for draft registration, which is mandated by law, most Americans have a fleeting, at most, relationship with military service. By law, every male born after 1980 must register with the Selective Service System at the age of eighteen and remain “active” on the agency’s list until the age of twenty-five. Avoiding registration is a crime, and those who don’t send in their paperwork can end up in jail for up to five years and be subject to significant fines. A draft – in which anyone on the list can be called up for service – can be initiated by Congress and the President if deemed necessary. This means that the Selective Service System is a stand-by agency.
Headquartered in Arlington, Virginia, the Selective Service is essentially one large database consisting of 14 million names. The agency’s operating structure is divided into three national regions: Region I (HQ: North Chicago, Illinois); Region II (HQ: Smyrna, Georgia); Region III (HQ: Denver, Colorado). The agency’s master data management center is located in Palestine, Illinois. With a modest operating budget of $24 million and 130 employees, the SSS is devoted, as Acting Director Ernest E. Garcia explains, to “identifying young men when they turn eighteen and registering them as mandated by federal law.” Registrants stay on the list until they’re 25 “in the event that conscription is authorized by the Congress and directed by the President of the United States.” To handle the demands of a possible draft, the SSS has 10,000 draft board members who would roll into action if universal conscription were to be reinstated. According to Acting Director Garcia, at the heart of any possible draft is another word straight out of the 1960s – the lottery. Garcia notes that “we have that same system in place today – and ready – so that if and when” there is a military event requiring a draft “we’re able to respond to the direction of the president of the United States.” After a lottery, draftees would be vetted by draft boards, which assess draftees to decide who should receive deferments, postponements, or exemptions from military service based on federal guidelines. Those who do not receive deferments enter one of the armed services.
Oversight of the Selective Service is carried out by U.S. House of Representatives Subcommittee on Military Personnel. The subcommittee is chaired Rep. Susan Davis (D-CA), with Rep. Joe Wilson (R-SC) as the ranking member. Matt Daack, military legislative fellow to Rep. Wilson (R-S.C.), argues that the draft isn’t needed because the All-Volunteer Force works. “The bottom line is that an all-volunteer force is an important key to the success of the military,” he said. Daack, a major in the U.S. Air Force, says that AVF members “have chosen to sacrifice for our nation” and achieve “high unit morale and high unit effectiveness” because they have chosen to do so voluntarily. If so, why, still, is the United States spending millions of dollars to house the names of 14 million potential draftees? “You can note from history,” said Daack, “that the federal government has chosen to institute a draft in the past, and I suspect that’s why they keep the database – in case we find ourselves in the position where we have to institute a draft in the future.” But according to Daack, “that’s not something that the federal government would like to do or foresees doing in any conflict in the near future.” Military conscription is such a nonstarter that even President Bush’s first secretary of defense Donald Rumsfeld stated, during the height of the Iraq War, that a draft was not needed.
But a draft was never seriously considered, and according to Matt Daack, there isn’t any likelihood that the SSS, under Congressional and presidential direction, would initiate one. Andrew J. Bacevich, professor of history and international relations at Boston University and author, most recently, of The Limits of Power: the End of American Exceptionalism says, "There is zero political support for resuming conscription. That is the simple answer. The generals don’t want it. The eighteen, nineteen year-olds don’t want it. The parents of eighteen, nineteen year-olds don’t want it. The Congress doesn’t want it.” Bacevich, a former Army officer who served in Vietnam and whose son died serving in Iraq, believes that the army’s generals are entirely wedded to the AVF concept: When Nixon ended the draft, he did it over the objections of the Joint Chiefs of Staff. At that point in the early 1970s, the generals believed that without conscription they wouldn’t be able to adequately man the force, but the experience of subsequent decades has ended up persuading the officer corps that the military’s own interest is best served by relying on long-service volunteers. “The generals,” Bacevich explained, think that “draftees would be more trouble than they are worth.” Bacevich doesn’t think there is a rational explanation for why registration continues and the $24 million budget of the selective service system is just enough below the fiscal radar screen not to warrant scrutiny or debate. [Source: http://understandinggov.org/2009/11/03/on-permanent-standby-the-selective-service-system/#more-5113 Norman Kelly article 3 Nov 09 ++]
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COLD WAR MEDAL Update 03: U.S. Senators Olympia J. Snowe (R-ME), Jim Webb (D-VA), Blanche Lincoln (D-AR), and Mary Landrieu (D-LA) on 5 NOV introduced the Cold War Service Medals Act of 2009 (S.2743), bipartisan legislation to authorize the secretaries of the military departments to award Cold War Service Medals to American veterans. To date, no medal exists to honor the men and women who served and defended the United States during the Cold War. Comments from the Senators who introduced the bill were:
· Senator Snowe: “From the end of World War II to dissolution of the Soviet Union in 1991, the Cold War veterans were in the vanguard of the Nation’s defenses. Although long overdue, this legislation will honor and recognize the American patriots who for nearly half-a-century defended the Nation against the advance of communist ideology in the form of the Cold War Service Medal. The commitment, motivation, and fortitude of these brave service members was second to none and their actions should be recognized in a long-standing military custom befitting their patriotism and service.”
· Senator Webb: “The millions of Americans who served in uniform in the armed forces during the Cold War, spanning more than four decades, were the living embodiment of our nation’s strategy of deterrence. In their efforts to preserve peace, hundreds died during isolated armed confrontations when the Cold War flashed hot at remote locations around the world. This legislation will appropriately honor those who served in an effort that resulted in the largest single expansion in the number of democratically elected governments in world history.”
· Senator Lincoln: “America’s Cold War veterans deserve every honor we can bestow upon them for their hard work and dedication to keeping our nation safe. The Cold War Service Medal would allow military service members, veterans, and their families to receive the recognition and honor they rightfully deserve. I will continue to work with my colleagues to ensure our veterans receive the support and care they and their families need. It’s the least we can do as a grateful nation.”
· Senator Landrieu: “For 46 years, we were engaged in a worldwide battle against communism. During that time, there were countless heroes, who served in our nation’s Armed Forces and played a critical role in America’s triumph. These men and women, who sacrificed so much for so many, deserve to be awarded the Cold War Service Medal in recognized of their faithful service to their country and tireless defense of freedom around the world.”
Specifically, the Cold War Service Medal Act of 2009 would allow the Defense Department to issue a Cold War Service Medal to any honorably discharged veteran who served on active duty for not less than two years or was deployed for thirty days or more during the period from 2 SEP 45 to 26 DEC 91. In the case of those veterans who are now deceased, the medal could be issued to their family or representative, as determined by the Defense Department. The bill would also express the sense of Congress that the Secretary of Defense should expedite the design of the medal and expedite the establishment and implementation mechanisms to facilitate the issuance of the Cold War Service Medal. The award of the Cold War Service Medal is supported by the American Cold War Veterans, the American Legion, the Veterans of Foreign Wars, and other veterans’ services organizations. [Source:
Sen. Blanche Lincoln News release 5 Nov 09 ++]
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NPRC MILITARY RECORDS Update 03: The National Personnel Records Center responds to over 1.4 million requests annually for copies of military personnel and/or medical records. Their goal is to provide timely responses in an efficient manner, so that veterans and their families obtain the information needed to qualify for benefits and entitlements. Nearly half of all requesters seek only a copy of the separation document, which is the necessary document required for veteran benefits. However, about ten percent of the requests received ask for a copy of a file. Since the 1970s, the standard procedure for replying to requests for entire files has been to provide only copies of key documents and extracts of vital information, rather than a copy of every document in a personnel and/or medical file. This approach avoids costly delays in reviewing and copying some documents -- such as leave papers, identification card applications, and clothing issuances – that are not normally needed for benefit claim purposes. As a result, NPRC is able to respond to more requesters, faster, and at less cost to the taxpayers. Exceptions to this procedure are files more than 62 years old, US Marine Corps files, all certified legal cases, and all requests from the Department of Veterans Affairs. In these instances, all documents are provided. This extract contains copies of all essential documents to certify entitlement to most rights and benefits associated with military service, to identify key events in a military career, and to identify significant events in health care. Personal data pertaining to third parties is redacted from the file, pursuant to Privacy Act provisions.
When only key documents and extracts are provided from the Official Military Personnel File and the Medical Record, the response package contains a copy of all separation documents and all of the following information if it is in the file:
· Military Services Dates
· Character of Service
· Promotions and Reductions
· Duty Stations and Assignments
· Foreign or Sea Service
· Military Schooling and Training
· Awards and Letters of Commendation
· Disciplinary Actions
· Lost Time
· Enlistments Contracts
· Entry and Separation Physical Exams
· Immunizations
· Dental Examinations
· Clinical Summaries/Cover Sheets
If, after receiving an extract of a file, a requester submits a follow-up request for additional information or documents, NPRC will automatically send copies of all the other documents in the file. Until recently this policy was not explained when responding to requesters. As of 28 SEP 09, all responses that contain file extracts include an explanation of the policy. If you have questions about this policy, they should be directed to: Tom Mills
Assistant Archivist for Regional Records Services. Thus, if a veteran/retiree needs or wants a COMPLETE copy of their military personnel record, they should submit a 2nd request which clearly states “This is a 2nd request for a complete copy – provide copies of ALL documents.” The purpose of a request should be “Benefits”. The best way to submit a request is online at: https://vetrecs.archives.gov. [Source: www.archives.gov/veterans/military-service-records/special-notice.html Nov 09 ++]
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TRDP Update 07: A Tricare retiree dental Program (TRDP) premium rate change took effect on 1 OCT 09 and will be effective through 30 SEP 10. Subsequent premium changes for the next two years will be effective 1 OCT 10 & 1 OCT 11. This annual premium adjustment is automatic and will be reflected in the allotment from your retired pay or, if you are billed directly, in your payment coupons or EFT (electronic funds transfer) debit applicable to your 1 OCT payment. Premium rates for the Enhanced TRDP vary depending on your location and zip code. For instance the new rates for 92571 (Perris CA) are single $42.52, two persons $82.52, and family (3 or more) $137.58. New enrollees have to pay a onetime prepayment amount upon enrollment of double these figures. To find out the new premium rates for your region, use the online premium search at www.trdp.org/pro/premiumSrch.html. [Source: VFW Washington Weekly 6 Nov 09 ++]
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INDEPENDENT BUDGET FY 2011: The Independent Budget (IB) critical issues report for fiscal year 2011 is available on-line at http://www.independentbudget.org/2011/CI_2011.pdf. The critical issues report is designed to alert Congress VA and the Administration as to issues veterans organizations believe need special scrutiny and attention. The FY2011 IB will be released in FEB 2010 concurrent with the release of the President's proposed budget for VA. Co-authored by the VFW, AMVETS, Disabled American Veterans and Paralyzed Veterans of America, the IB is a comprehensive recommendation of what VA truly needs to provide healthcare, benefits and services to veterans. The following Critical Issues are addressed in this year’s report:
· Sufficient, Timely, and Predictable Funding for VA Health Care
· The Continuing Challenge of Caring for War Veterans
· Claims Process Improvements Needed
· Human Resources Needs Continue to Challenge the Department of Veterans Affairs
· Seamless Transition from the DOD to VA
· Maintaining VA’s Critical Infrastructure
· Education, Employment, and Training
[Source: VFW Washington Weekly 6 Nov 09 ++]
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LEGISLATION of INTEREST Update 12: Looking toward Veterans Day, the House of Representatives passed several bills 5 NOV that would help veterans throughout the country. They are:
· H.R.1168, as amended, the Veterans’ Retraining Act of 2009, would provide a housing stipend to unemployed veterans enrolled in a Department of Labor job training program. The bill also would provide financial assistance to help newly-trained veterans relocate to geographic locations with a high demand for their acquired skills. H.R.1168 passed the house by a vote of 356-0.
· S.475 – to amend the Servicemembers Civil Relief Act to guarantee the equity of spouses of military personnel with regard to matters of residency, passed by voice vote;
· H. Res. 773 – Expressing the sense of the House of Representatives with respect to the United States Submarine Force, passed by voice vote;
· H. Res. 828 – To recognize October 24, 2009, the 20th chartered flight of World War II veterans through Louisiana HonorAir, as “Louisiana HonorAir Day,” and to honor the invaluable service and dedication of the World War II veterans to our Nation, passed by voice vote;
· H. Res. 461 – Honoring Sentinels of Freedom and commending the dedication, commitment, and extraordinary work of the organization, passed by voice vote;
· H.R.174 – to direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in the southern Colorado region, passed by voice vote;
· H. Res. 89 – Supporting and encouraging greater support for Veterans Day each year, passed by voice vote;
· H. Res. 291 – - recognizing the crucial role of assistance dogs in helping wounded veterans live more independent lives, passed 351 to 0; and,
· S. 509– to authorize a major medical facility project at the Department of Veterans Affairs Medical Center, Walla Walla, Washington, passed 352-0.
[Source: TREA Washington update 6 Nov 09 ++]
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HEALTH CARE REFORM Update 15: Health insurance reform opponents continue to spread myths – now about the recently introduced Affordable Health Care for America Act, including saying that health insurance reform will undermine the health care that veterans and military families have now. But the facts continue to knock these myths down.
MYTH: "Enactment of the House health insurance reform bill would undermine the health care that veterans and military families are receiving now."
FACT: Veterans´ health care and Tricare for military families would not be impacted by passage of the Affordable Health Care for America Act. Nothing in the bill would affect, change, or undermine the health care that veterans enrolled in VA health care and military families enrolled in Tricare are currently receiving. --- Further language has been included in the Affordable Health Care for America Act that makes clear that the Department of Veterans Affairs and the Department of Defense retain full authority to operate the VA health care system and Tricare without interference from any new organizations, agencies, or commissions established by the legislation. In addition, specific language has been included to exempt Tricare from the requirements of the essential benefits package and other insurance requirements.
MYTH: "Veterans and military families enrolled in VA health care and Tricare will be penalized for not having acceptable coverage – being forced to pay the penalty of 2.5% of adjusted income."
FACT: The Affordable Health Care for American Act recognizes VA health care and Tricare as acceptable minimum coverage, so enrollees are already meeting the shared responsibility requirement and will face no fee or penalty. --- Specifically, the bill contains a section that states that 1) individuals enrolled in the veterans´ health care program; and 2) individuals and dependents enrolled in Tricare will be considered as having acceptable minimum coverage – meaning they have met the bill´s shared responsibility requirement for individuals to purchase insurance if they can afford it. In other words, individuals enrolled in VA health care or Tricare will never be subject to the bill´s 2.5% fee for those who choose not to purchase affordable health insurance.
MYTH: "Enactment of the House health insurance reform bill would limit the choices that veterans, service members, and their dependents have for their health care."
FACT: The Affordable Health Care for America Act contains provisions that explicitly allow veterans receiving VA health care or service members and their families receiving Tricare to also enroll in an insurance plan through the bill´s Health Insurance Exchange. This would provide veterans and service members the opportunity to obtain additional coverage for themselves and their dependents if they desire. --- This had been a key concern of many veterans´ organizations. For example, the Disabled American Veterans had written: "Any national health care reform legislation must make certain all veterans, including those enrolled in VA health care, remain eligible to enroll in any exchange-participating health benefits plan offered under [the bill] through the Health Insurance Exchange, or in any other public or cooperative health insurance program." This key objective of veterans´ organizations is fully addressed in this bill.
MYTH: "Enactment of the House health insurance reform bill would undermine the Tricare For Life program (health care for military retirees)."
FACT: Just as the Affordable Health Care for America Act fully protects the current VA health care and Tricare systems, it also fully protects the Tricare For Life program. --- There is a chain e-mail currently going around the Internet that states that the efforts of the Obama Administration and Congressional Democrats on health insurance reform will result in undermining the benefits in the Tricare For Life program for military retirees. Once again, these charges are not true. (The Tricare For Life program was introduced in 2002 as a supplement to Medicare for military retirees. It covers many medical costs not covered by Medicare.) Just as the Affordable Health Care for America Act does nothing to affect the Tricare program, it also has no provisions that affect the Tricare For Life program. The health care benefits of military retirees are fully protected.
[Source: American Chronicle Daily Mythbuster 4 Nov 09 ++]
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LAYAWAY: As more families struggle in the tough economy, retailers are trying to make paying for holiday gifts more flexible by offering layaway options. Many businesses are shaking the dust off their layaway programs for today’s beleaguered consumer. Kmart's layaway program saw double-digit increases in customers and sales in 2008 and, according to the company, the word “layaway” had more than double the interest among U.S. web searchers in AUG 09 than it had in AUG 08. According to The Record newspaper in New Jersey, consumers even used layaway to purchase school supplies and clothes—rather than just big-ticket items like TVs. “It is a sign of our rough economic times that consumers are turning to layaway to purchase the basics, rather than just luxury items,” said Alison Southwick, BBB spokesperson. “For many families this holiday season, it’s not just gifts and decorations that will be purchased on layaway, but also the basic items needed to get by in everyday life.”
Buying items on layaway is different from putting them on a credit card because the buyer isn’t charged interest on the purchase and can’t take the item home until it is paid off. When purchasing items on layaway, the buyer must typically make a down payment of 10 to 20% and pay any service or plan fees for the store to hold the item for them. The customer then has typically 30 to 90 days to make periodic payments to pay off the balance. Once it is paid off, the customer can take the items home. As a complement to in-store layaway, some stores provide online layaway services for purchasing items through the retailer’s Web site. Additionally, third-party businesses have sprung up for the purpose of setting up layaway plans online between customers and retailers that don’t already have a layaway program. Customers make periodic payments to the third-party layaway service provider. Once the item is fully paid for, the business then buys the item from the retailer and ships it to the customer. With layaway experiencing a comeback, your Better Business Bureau offers the following guidance on how to use this old fashioned payment plan in lieu of credit cards. When buying items on layaway get everything in writing and make sure you are aware of or ask the the following questions:
· How much time do I have to pay off the item?
· When are the payments due?
· How much do I have to put down?
· Are there any storage or service plan fees?
· What happens if I miss a payment? Are there penalties? Does the item return to inventory?
· Can I get a refund or store credit if I no longer want the item after making a few payments?
· What happens if the item goes on sale after I’ve put it on layaway?
· Does the retailer or third-party layaway service have a good BBB rating? BBB provides BBB Reliability Reports on nearly four million businesses across North America. BBB Reliability Reports offer BBB’s unbiased evaluation and include a rating and customer complaint history. Consumers can check out the reputation of online merchants and brick-and-mortar stores at www.bbb.org.
[Source: www.bbb.org 2 Nov 09 ++]
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VA HOMELESS VETS Update 12: At the VA National Summit Ending Homelessness Among Veterans on 3 NOV Secretary of Veterans Affairs Eric K. Shinseki unveiled the department's comprehensive plan to end homelessness among Veterans by marshalling the resources of government, business and the private sector. Shinseki said, "President Obama and I are personally committed to ending homelessness among Veterans within the next five years. Those who have served this nation as Veterans should never find themselves on the streets, living without care and without hope." Shinseki's comprehensive plan to end homelessness includes preventive measures like discharge planning for incarcerated Veterans re-entering society, supportive services for low-income Veterans and their families and a national referral center to link Veterans to local service providers. Additionally, the plan calls for expanded efforts for education, jobs, health care and housing. “Our plan enlarges the scope of VA's efforts to combat homelessness. In the past, VA focused largely on getting homeless Veterans off the streets. Our five-year plan aims also at preventing them from ever ending up homeless.", Shinseki said.
Other features of the plan outlined by the secretary include:
· The new Post-9/11 GI Bill provides a powerful option for qualified Veterans to pursue a fully funded degree program at a state college or university. It is a major component of the fight against Veteran homelessness.
· VA is collaborating with the Small Business Administration and the General Services Administration to certify Veteran-owned small businesses and service-disabled Veteran-owned small businesses for listing on the Federal Supply Register, which enhances their visibility and competitiveness - creating jobs for Veterans.
· VA will spend $3.2 billion next year to prevent and reduce homelessness among Veterans. That includes $2.7 billion on medical services and more than $500 million on specific homeless programs.
· VA aggressively diagnoses and treats the unseen wounds of war that often lead to homelessness - severe isolation, dysfunctional behaviors, depression and substance abuse. Last week, VA and the Defense Department cosponsored a national summit on mental health that will help both agencies better coordinate mental health efforts.
· VA partners with more than 600 community organizations to provide transitional housing to 20,000 Veterans. It also works with 240 public housing authorities to provide permanent housing to homeless Veterans and their families under a partnership with the Department of Housing and Urban Development. The VA/HUD partnership will provide permanent housing to more than 20,000 Veterans and their families.
Over the duration of the conference it is expected that over 1,200 homeless service providers from federal and state agencies, the business community, and faith-based and community providers will attend and participate in the summit. "This is not a summit on homelessness among Veterans," added Shinseki "It's a summit on ending homelessness among Veterans." [Source: VA News Release 3 Sep 09 ++]
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HEART BYPASS SURGERY: For decades, bypass surgery, in which surgeons improve blood flow to the heart by sewing new blood vessels to get around blocked ones, was done the same way. The heart was stopped while blood was pumped through a heart-lung machine to do the heart’s work. But doctors increasingly worried that the machine, the “pump,” might sometimes lead to strokes or memory problems or personality changes. Some privately called patients with those difficulties “pumpheads.” And so, in the last seven years, many surgeons began offering and patients increasingly demanded an alternative: off-pump surgery in which the machine was not used and doctors operated on a still-beating heart. Now, a large and rigorous study finds the old way is best.
In the study, published 5 NOV in the New England Journal of Medicine, 2,203 patients were randomly assigned to have their bypass surgery on pump or off. Because the study was sponsored by the Department of Veterans Affairs, the patients were mostly men. A year later, those who had had off-pump surgery had poorer outcomes. Fewer bypasses stayed open and patients were more likely to have needed a repeat operation or to have had a heart attack or to have died. They were no less likely to have had strokes or difficulty thinking. “This is a big one,” said Dr. Eric Peterson, a Duke cardiologist who wrote an editorial accompanying the paper. “It’s a good study and the fact that it did not find superiority was key,” he added. Dr. Peterson added that he, like many cardiologists, expected off-pump procedures to be superior. Dr. Michael Lauer, director of cardiovascular sciences at the National Heart, Lung and Blood Institute, said he anticipated and hoped that the new study would dampen enthusiasm for off-pump surgery. “Bypass surgery is one of the most common operations in the world,” Dr. Lauer said, “As many as 20% of bypasses in the U.S. are being done off pump. This affects a lot of people.”
Dr. Frederick L. Grover, the principal investigator for the study and a heart surgeon at the University of Colorado at Denver and the Denver V.A., said his group was analyzing the costs of the two types of operations. He said if there was a difference, it was slight. Patients who had their surgery off pump had fewer blood transfusions but spent slightly longer in the operating room. There were no significant differences between the two groups of patients in the time they spent in intensive care after their surgery or how long they spent on a ventilator or how long they spent in the hospital. Some surgeons who made off-pump surgery their specialty said they were not going to change. The results do not apply to them, they say, because they have extraordinary expertise. But others less invested in the technique said they would be doing less off-pump surgery. And that includes Dr. Grover. About 20% of the 225,000 to 250,000 people who have bypass surgery each year have it off pump.
Off-pump surgery began to take off around 2002 when instrument makers began selling devices making the surgery seem feasible and animal studies indicated that heart-lung machines had the potential to cause problems. When they use a heart-lung machine, doctors clamp blood vessels closed, draining the heart of blood. They inject a near-freezing fluid into the heart. They redirect blood through tubes that can create tiny bubbles or small fragments of debris that might get into the brain. At first, it was not easy to do heart surgery without the pump. How, for example, do you hold part of a beating heart still while you work on it? Some surgeons improvised, using modified kitchen spoons and forks to hold the heart steady. And how do you sew blood vessels onto the back of the heart? Surgeons had to lift the heart to get to the back and then blood pressure would drop. Instrument makers soon provided special tools that made it easier to steady specific parts of the heart while surgeons worked. Some, like Dr. Aubrey C. Galloway, who is chairman of the department of cardiothoracic surgery at New York University Langone Medical Center, said he felt compelled to learn off-pump surgery and to do it primarily in high-risk patients. “There was a lot of market pressure and momentum behind this off-pump stuff,” Dr. Galloway said. “A lot of surgeons were pressured to do it in everyone. Patients were coming in and saying, ‘I’m worried about cognitive dysfunction.’ ” Now, he said, “the idea that people should go somewhere to get off-pump surgery is pretty much killed by this publication.”
Dr. Nirav Patel, a heart surgeon at Lenox Hill Hospital in New York, said he does off-pump surgery in 95% of his patients and he is not going to change. He said that even with the new equipment, off-pump surgery was difficult and that it had taken 100 cases before he got really good at it. He estimated that he had now done more than 1,400 off-pump operations and questioned whether the surgeons in the study had the necessary expertise. “I am an off-pump surgeon,” Dr. Patel said. “I am a big proponent of it.” It may be, Dr. Lauer said, that surgeons like Dr. Patel are so expert at the procedure that their results are different from those reported in the study. But, he adds, “from a policy point of view, what we really care about is how well will the procedure work in the hands of a typical surgeon.” The study involved typical patients and typical surgeons. Very few surgeons, Dr. Lauer said, “have achieved exceedingly high levels of expertise.” And, he added, the study shows that for all the reasoning about why off pump is generally better, “just because something makes sense doesn’t necessarily make it so.” [Source: New York Times Gina Kolata article 4 Nov 09 ++]
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VA LAWSUIT - SPINE SURGERY: A 66-year old California man who is now confined to a wheelchair as a result of spinal surgery errors involving the use of Surgifoam at the Veterans Administration (VA) Medical Center in West Los Angeles, was awarded $4.34 million in a medical malpractice lawsuit. U.S. District Court Judge Gary Allen Feess ruled in favor of the plaintiff, Alvin Johnson, in a complaint brought against the government over the actions of two VA surgeons, Antonio DeSalle and Donald Shields, who performed the OCT 05 spine surgery. According to the VA medical malpractice lawsuit, Johnson went to the VA medical center to have surgery on a ruptured disc in his back. During the surgery, the lawsuit alleges that DeSalle and Shields injected him with Surgifoam, which is used to absorb excess fluids in the area of the surgery. Some of the foam, which should have been removed, was left in Johnson’s back and expanded, pressing against his spinal cord. This resulted in permanent spinal damage that now requires Johnson to use a wheelchair. Judge Feess said in his verdict that DeSalle and Shields were told by another doctor who took an MRI of Johnson’s back that his spine was compressed. However, Judge Feess said, the two doctors took no action to correct the problem. The government was found liable for Johnson’s botched spine surgery, and he was awarded $4.34 million in damages. According to a report by Courthouse News Service, Johnson now depends on others for daily car and only has limited control of his arms and legs. [Source: AboutLawsuits.com article 4 Nov 09 ++]
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TRICARE PHARMACY POLICY Update 04: The Tricare Management Activity is introducing significant new enhancements to beneficiaries as it combines its mail-order and retail pharmacy contracts into one new Tricare Pharmacy contract. The improvements to the Tricare Pharmacy program include the Specialty Medication Care Management program in the mail-order pharmacy; expansion of the Member Choice Center providing assistance to help beneficiaries switch their military treatment facility (MTF) prescriptions to mail-order; and one call center phone number: 1-877-363-1303. The Specialty Medication Care Management program is for beneficiaries using the mail-order pharmacy for their specialty medications. It is structured to improve their health through continuous health evaluation, ongoing monitoring, assessment of education needs, and management of medication use.
The Tricare Pharmacy Program provides outpatient prescription drugs to 9.5 million beneficiaries. Tricare selected Express Scripts, Inc. to provide beneficiaries with mail-order, retail and specialty pharmacy services. Express Scripts currently handles millions of prescriptions each year through mail-order and retail pharmacies. “The fact that Express Scripts won the new contract while holding its two predecessor contracts should assist with a seamless transition into the new program,” said Rear Adm. Thomas McGinnis, Tricare Management Activity chief pharmacy officer. “Tricare beneficiaries will be pleased to know that to receive the improved benefit they don’t have to do anything. No calls, no paperwork. Beneficiaries don’t have to re-enroll, all co-pays stay the same and the network remains essentially unchanged.” The decision to combine mail-order and retail contracts resulted from observations that commercial insurance companies were doing the same thing with positive results. Combined call centers and claims processing will help control Department of Defense pharmacy costs. “The Department of Defense provides a world-class pharmacy benefit through Tricare to all eligible uniformed service members, retirees, and family members, including beneficiaries age 65 and older,” McGinnis said. “As always, we try to control costs in order to sustain this great benefit.”
The Tricare Pharmacy Program is designed to provide the medications beneficiaries need in a safe, convenient and cost-effective manner. The program has three objectives:
· Provide a uniform, effective and efficient benefit. Tricare provides beneficiaries with four high-quality pharmacy options: MTF pharmacies; the mail-order pharmacy; the Tricare Retail Pharmacy network; and non-network retail pharmacies.
· Encourage mail-order pharmacy use. The mail-order pharmacy is the least expensive option when not using a MTF pharmacy. Beneficiaries receive up to a 90-day supply of maintenance medications delivered directly to their home. The mail-order pharmacy now offers a program providing enhanced education to promote safe use of specialty medications requiring special handling and administration; frequent dose changes; and possible benefits from additional clinical monitoring. The Member Choice Center is available at 1-877-363-1433 to help beneficiaries switch prescriptions to the convenient, cost-effective mail-order pharmacy.
· Promote patient safety. All prescriptions dispensed to beneficiaries through MTFs, the mail-order pharmacy and retail network pharmacies are rigorously checked for accuracy and potential drug interactions by referencing new prescriptions against a beneficiary’s prescription history.
The Tricare Retail Pharmacy network includes all major national chains, more than 100 regional chains and more than 20,000 independent community pharmacies. Beneficiaries who are concerned about their current pharmacy’s participation in the Tricare retail network should ask their pharmacist if they are in the Tricare network For more information refer to www.tricare.mil/pharmacy or www.express-scripts.com/Tricare, or call 1-877-363-1303. [Source: TMA Karen James article 3 Nov 09 ++]
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CHARITY SOLICITATIONS: Most charities rely heavily on the goodwill of individual donors during the holiday season to fund their activities throughout the coming year. Last year, charity contributions totaled $307.65 billion: 75% of this total came from individuals, according to the Giving USA Foundation. BBB Wise Giving Alliance advises donors to research a charity prior to giving and provides five questions to ask when vetting where to contribute this holiday season. “The holidays are all about giving, not only to friends and family, but also to those in need,” said H. Art Taylor, President & CEO, BBB Wise Giving Alliance, “When donating to a charity, give wisely by vetting the organization fully; this will ensure your dollar goes as far as it can to help those less fortunate.” BBB recommends asking the following questions before choosing to donate to a specific charity this holiday season. For more advice on giving over the holidays and to view reports on charities refer to www.bbb.org/charity:
· Is this a charity I can trust? Look at the appeal carefully; some charities’ names sound the same. Don't be fooled by names that look impressive or that closely resemble the name of a well-known organization. Check with your appropriate state government authorities (this is usually a division of the state’s office of the attorney general) to verify the charity is registered to solicit in your state. Also, visit the Web site of the BBB Wise Giving Alliance (www.bbb.org/charity) to find out whether a national charity meets the 20 BBB charity standards that address charity governance, finances, fund raising, donor privacy, and other accountability issues. For assistance with local charity appeals, contact the BBB serving your area (www.bbb.org).
· How will the charity use my donation? Ask questions about how your donation will be used. Beware of appeals that bring tears to your eyes but tell you little about what the charity is doing about the problem it describes so well. For example, if the charity says it’s helping the homeless, do they explain how (shelter, food, medical care) and where this is taking place?
· Watch out for statements such as "all proceeds will go to the charity." This can mean that only the money left after expenses, such as the cost of written materials and fund raising efforts, will go to the charity. These expenses can be high, so check carefully.
· Is my donation tax deductible? If you want to take a charitable deduction for federal income tax purposes, make sure the organization is tax exempt as a charity under section 501(c)(3) of the Internal Revenue Code. A charity appeal will usually include a reference to this. To verify a charity’s tax status, access an IRS database of organizations by viewing Publication 78 on the IRS website at www.irs.gov.
· Can the charity actually use what I’m donating? All charities welcome the receipt of monetary donations, but some also solicit in-kind donations such as clothing, food, and toys. If you’re planning to donate items to a worthy cause, make sure you know the in-kind contributions your charity prefers. For example, a food bank may prefer food items that are not perishable such as canned goods, and a toy drive may be seeking new and not used toys.
· Am I feeling pressured to give? Don't succumb to pressure to give money on the spot, either immediately over the phone via credit card or by allowing a "runner" to pick up a contribution. Take the time to research the charity fully; the charity that needs your money today will welcome it just as much tomorrow.
[Source: Better Business Bureau Notice 2 Nov 09 ++]
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ENLISTMENT Update 03: The military has regulations that actually require you to provide adequate financial support for your dependents. Because of this, the military limits the number of dependents an applicant can have. Those who exceed the stated number of dependents require a waiver. Before a dependency waiver is granted for any of the services, the recruiting service will conduct a financial eligibility determination (i.e., they will look closely at your household bills and the income of your spouse). The requirements for each service are:
· Navy: A waiver for any applicant with more than one dependent (including the spouse).
· Marine Corps: A waiver is required if an applicant has any dependent under the age of 18.
· Air Force: The Air Force will do a financial eligibility determination if the member has any dependents at all.
· Army: A waiver if the applicant has two or more dependents (in addition to the spouse).
· Coast Guard: A waiver if there is more than one dependent (other than spouse), unless the applicant is enlisting in the grade of E-4 or above, when the limit is two dependents (other than spouse).
For enlistment purposes, a "dependent" is defined as:
· A spouse, to include a common law spouse if the state recognizes such; or
· Any natural child (legitimate or illegitimate) or child adopted by the applicant, if the child is under 18 years of age and unmarried, regardless of whether or not the applicant has custody of the child. The term natural child includes any illegitimate child when: the applicant claims the child as theirs, or the applicant's name is listed on the birth certificate as the parent, or a court order establishes paternity; or if any person makes an allegation of paternity that has not been finally adjudicated by a court; or
· A stepchild of the applicant who resides with the applicant if the stepchild is under 18 years of age; or
· Any parent or other person(s) who is/are, in fact, dependent on the applicant for more than one-half of their support.
In general, for enlistment purposes, an applicant is considered to be without a spouse (unmarried), if:
· Common law marriage has not been recognized by a civil court, or state law.
· Spouse incarcerated.
· Spouse deceased.
· Spouse has deserted the applicant.
· Spouse legally separated from the applicant. (For the Army, separation by "mutual consent" is sufficient.)
· Applicant or spouse has filed for divorce. (Note: If the divorce action is "contested," the service may deny enlistment until after the dispute is resolved in family court).
[Source: About.com: U.S. Military Rod Powers article 19 Sep 09 ++]
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VA DISABILITY BENEFITS
Federal
1. Commissary - 100% rating other than a temporary IU & SC. 100% qualifies you for a commissary letter from VA to obtain a Military ID for admission.
2. DVA fee basis outpatient medical card - applicable for any compensable SC disability if the situation warrants. Issuance is up to the local VA medical center.
3. Dental treatment - IU & SC 100% qualifies for all dental services. Others less than 100% do qualify in some circumstances
4. CHAMPVA medical card for dependents - IU & SC 100% qualifies.
5. Rating of 30% or more qualifies for additional compensation for dependents.
6. Rating of 30% or more qualifies for Aid and Attendance allowance for disabled spouse.
7. Rating of 50% or more qualifies for Treatment for any condition other than the one you are receiving disability for.
8. Annual clothing allowance (prosthetic/wheelchair/skin condition) - any SC condition that requires it.
9. Special adaptive home modification allowance - dependent on the actual disability such as loss or loss of use of both lower extremities, blindness in both eyes, loss of one lower extremity plus some other condition that impacts on balance or propulsion.
10. HISA grant for home modification - depends on the type of disability. SC are eligible up to $4100 and NSC veterans are eligible for up to $1200.
11. Auto purchase allowance (one time) - type of SC disability matters more than%age. Loss or loss of use of one or both hands or feet qualifies. Loss of vision in both eyes to a certain degree.
12. Auto adaptive modification allowance - same as above plus SC ankylosis of one or both knees, one or both hips also qualifies.
13. Service-Disabled Veteran's Insurance (S-DVI) – 0% or more for any service connected disability. You have two years to apply from date rating was granted. An increase in an existing service-connected disability or the granting of individual unemployability of a previous rated condition does not entitle a veteran to this insurance.
14. Waiver of VA insurance premium - IU &SC 100% could qualify under certain conditions.
15. Home mortgage life insurance - must have a specially adapted house.
16. Vocational rehabilitation educational training for the veteran - a SC disability that causes an employment handicap to potentially qualify. 10% need serious employment handicap, 20%+ only need employment handicaps.
17. Withdrawal from SBP (after 5 or 10 years) - IU & SC 100% would qualify but with no futures.
18. DVA sponsored education for dependents - IU & SC100% will qualify as long as there are no future VA examinations scheduled.
19. Civil service employment (veteran/spouse) 10-point preference.
20. Lifetime Golden access pass for federal parks - any rating as long as vet can show an ID card and paperwork identifying him as a disabled vet at the gate entrance to the park. The pass covers the fee for the vehicle and all parties therein.
21. Eligibility to compete for admission to military academies.
22. FPO/APO mail privileges for 100% rated if residing overseas.
23. Service-Related Death - up to $2,000 toward burial expenses for deaths on or after September 11, 2001. VA will pay up to $1,500 for deaths prior to September 10, 2001. If the veteran is buried in a VA national cemetery, some or all of the cost of transporting the deceased may be reimbursed.
State - Vets should check with their local VARO to see if any of the below state benefits are available to them:
1. Waiver of home disability insurance (CAL-Vet)
2. Property tax exemptions - In California call the LA County Tax Office (213) 974-3399 and ask for the "Veterans Exemption for Property Tax" and the forms to apply for the exemption.
3. DMV fee exemption and parking decal.
4. State EDC for dependents.
5. Waiver of registration fees at State colleges/universities (for vet/dependents).
6. State park permit.
7. Basic sport fishing license.
[Source: Various Nov 09]
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MIA DNA: There are 88,000 missing and unaccounted-for American servicemen from World War II and subsequent wars, yet many MIA families have not provided a family reference sample to assist in DNA identifications. Currently, 68% of Korean War families have provided samples, 66% of Vietnam War families and 63% of Cold War families. However, only 0.01% of WWII families have provided samples. The government identifies about 75 MIAs annually, but many more could be identified - and quicker - if reference samples were on file. Families should provide a blood sample to help establish a comprehensive family database. At http://www.dtic.mil/dpmo/family_support_info/possible_donors.htm can be found a chart of possible maternal donors. To provide a blood sample, families should contact the appropriate service casualty office for details.
Each Military Department maintains an office. The Department of State does the same for civilians. The officials in these offices serve as the primary liaisons for families concerning personnel recovery and accounting. Full-time civilians who have worked this issue for many years and are experienced and knowledgeable help answer family member questions. Military officials also assist and help explain the methods used to account for families' missing loved ones. Each office dedicates for family use the following addresses and telephone numbers:
· Air Force: USAF Missing Persons Branch, 550 C Street West, Suite 15, Randolph AFB, TX 78150-4716 Tel: 1 (800) 531-5501 http://www.afpc.randolph.af.mil/library/airforcepowmias.asp
· Army: Department of the Army, U.S. Army Human Resources Command, Attn: AHRC-PDC-R, 200 Stovall Street, Alexandria, VA 22332-0482 Tel: 1 (800) 892-2490 https://www.hrc.army.mil/site/active/TAGD/CMAOC/NavigationPages/nav_RFAD.htm
· Marine Corps: Headquarters U. S. Marine Corps, Manpower and Reserve Affairs (MRC), Personal and Family Readiness Division, 3280 Russell Road, Quantico, VA 22134-5103 Tel: 1 (800) 847-1597 http://www.usmc.mil
· Navy: Navy Personnel Command, Casualty Assistance Division, POW/MIA Branch (PERS-624), 5720 Integrity Drive, Millington, TN 38055-6210 Tel: 1 (800) 443-9298 http://www.npc.navy.mil/CommandSupport/CasualtyAssistance/POW+MIA+BRANCH.htm
· Department of State: Overseas Citizens Services, U.S. Department of State, 4th Floor, 2201 Pennsylvania Ave, NW, Washington, DC 20037 Tel: Phone: (202) 647-5470
[Source: Defense POW/Missing Personnel Office http://www.dtic.mil/dpmo/family_support_info/dna.htm Nov 09]
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SNAP: The USDA’s Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, renders service to up to 28 million needy families every month. Food stamps have become a life blood for countless low-income families struggling to put food on the table. SNAP can provide you a specific amount for you to buy nutritious food from participating supermarkets. You will be given an Electronic Benefits (EBT) Transfer Card which will be pre-loaded with an amount specified by your state office to claim your SNAP benefits. The EBT Card is similar to an ATM or a debit card which can be used to purchase groceries at participating supermarkets. Eligible households may purchase food items such as fruits and vegetable; breads and cereals; meats, fish and poultry; and dairy products. SNAP cards may also be used to purchase plants and seeds that could produce food for the family. Restaurants in some parts of the country may also accept SNAP payment in exchange for low-cost meals to certain individuals like the homeless, elderly and disabled. SNAP cannot be used to purchase alcoholic beverages, tobacco products, vitamins and medicines, domestic supplies, pet foods and toiletries.
SNAP provides a specific budget allocation per eligible family. The food allowance will depend on the family's
income and household size, plus other factors to determine what specific amount will be allocated to your family by your state. Each eligible family should fill out a State application form available in Local/State offices detailing the eligibly requirements. A complete listing of contact information plus eligibility requirements for every state can also be found at http://familyfinancialhelpusa.com/category/food-stamps/. You can access these listings by filling in your name, email addee, city and state. SNAP benefactors who are able-bodied adults without dependents between 18 to 50 years of age may only receive benefits from SNAP for 3 months in a 36-month period if they do not work or participate in an employment or training program. In other cases, able-bodied individuals from 16 to 60 should be employed or participate in an employment or training program referred to them by their local office. Benefactors who do not comply with this agreement could be disqualified from the program.
The amount of monthly benefit is determined by the net income of a qualifying household. That amount will be multiplied by 0.3 (studies show that families spend 30% of their income on food), and the resulting amount will then be subtracted from the Maximum Monthly Allotment per family member to determine the SNAP family budget. For example: A two member eligible household with a net monthly income of $1167 could receive $367 monthly. Households have to meet the Food and Nutrition Services (FNS) income tests unless all members are currently receiving assistance from the TANF or SSI. Both net and gross income would be considered unless the household has an elderly or disabled member currently receiving disability benefits. A prescreening tool to help you determine your eligibility can be found at www.snap-step1.usda.gov/fns/. Note that this is not an application. At www.fns.usda.gov/fsp/contact_info/hotlines.htm can be found a list of telephone numbers to get information on SNAP benefit questions in the States and areas of States listed. [Source: www.fns.usda.gov/fsp/Default.htm Nov 09 ++]
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STILL TASTY: Your Ultimate Shelf Life Guide located at http://stilltasty.com will allow you to save money, eat better, and help the environment. This site lists all kind of foods and how to keep them fresh longer as well as when to get rid of them. Available is a search engine where you can type in a food type and get answers to the following:
· Keep it or Toss it: How long will your favorite food or beverage stay safe and tasty? What's the best way to store it?
· Expiration Dates: Should you pay attention? Can you safely consume/use after date expiration?
· Defrosting: Best ways to defrost food safely.
· Fruit Ripening: The secret to keeping fruits fresh and tasty through storage and refrigeration.
· Sell-By Date: Can you safely consume/use after date expiration?
[Source: http://stilltasty.com Oct 09 ++]
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VA LIFE INSURANCE: The following life insurance policies are available to veterans through the Veterans Administration who can meet the appropriate criteria. For detailed information about all VA benefits and services, refer to www.va.gov:
· SGLI: Servicemembers’ Group Life Insurance provides coverage up to $400,000 for servicemembers. Coverage ends 120 days after discharge, but can be extended for up to two years if the member is totally disabled.
· TSGLI: Servicemembers’ Group Life Insurance Traumatic Injury Protection is an automatic feature of SGLI that provides payments of up to $100,000 for servicemembers who suffer losses such as amputations, blindness, and paraplegia, due to traumatic injuries.
· VGLI: Veterans Group Life Insurance allows servicemembers to convert their SGLI to lifetime renewable term coverage. VGLI must be applied for within one year and 120 days of discharge. If applied for within 120 days of discharge, there are no good health requirements.
· S-DVI: Service-Disabled Veterans Insurance provides up to $10,000 of coverage for serviceconnected veterans. If totally disabled, they are eligible for an additional $20, 000. Veterans must apply within two years of being rated service connected for a new condition.
· VMLI: Veterans’ Mortgage Life Insurance Provides coverage of up to $90,000 for severely disabled Veterans and servicemembers who have received a specially adapted housing grant from VA.
· NSLI: National Service Life Insurance policy were available from 1940 to 1951 only. Premiums of this policy are capped at the age-70 rates. Once you turned 70, your premiums never increased. Since September 2000, a capped NSLI term policy will receive a termination dividend if the policy lapses, or if the policyholder voluntarily cancels their policy.
[Source: VA Pamphlet 21-00-1 JUL 09 ++]
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SBP DIC OFFSET Update 21: Repeal of the SBP/DIC widows tax was deleted by the 2010 NDAA Joint Committee. The SBP DIC Offset Elimination bill S.535 introduced 5 MAR 09 by Sen. Bill Nelson would repeal the SBP/DIC offset which impacts some 61,000 widows whose military spouse died of service connected causes. According to the latest available data from the Dept of Defense Actuary on the Military Retirement System, these offset survivors receive and average of $1145/month DIC which offsets their average $892/month SBP. Unused SBP premiums, although paid by the disabled vet over many years, are returned to widows as a lump sum and incur a greater tax burden on the survivor because they then count as taxable income in the year it was refunded. Disabled retiree’s/veteran’s support is solicited to contact their senators and urge them to pass this bill and eliminate the offset. S.535 completes the cycle begun in 2004 with the repeal of the Social Security Offset, which was completely restored in April 2008. The bill has these additional provisions:
· Prohibits retroactive benefits.
· Prohibits recoupment of certain amounts previously refunded to SBP recipients.
· Repeals authority for optional annuity for dependent children.
· Restores eligibility for previously eligible spouses who elected to transfer their SBP to a surviving child or children.
A preformatted editable message accessible at http://capwiz.com/usdr/issues/alert/?alertid=14275496&queueid=[capwiz:queue_id] can be used to accomplish this. The message can be sent automatically to your senators as is or edited accordingly to fit your veteran status. At http://capwiz.com/usdr/issues/alert/?alertid=12541746 similar action can be taken on the companion House bill H.R.775, the Military Surviving Spouses Equity Act, which currently has only 298 cosponsors. [Source: USDR Action Alert 2 Nov 09 ++]
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TSP Update 24: After several months of steady growth, eight of the 10 Thrift Savings Plan funds posted losses in October.
· The S Fund, which invests in small- and mid-size companies and tracks the Dow Jones Wilshire 4500 Index, had the steepest losses in October after posting the biggest gains in September. The fund's value declined 5.51%. Since the beginning of 2009, however, the S Fund's value is still up 21.83%, and its worth has risen 13.34% since this time last year.
· The I Fund, invested in overseas companies, fell 2.41%, the second-largest loss among the funds in October. The fund had posted substantial gains since January and during the last 12 months; it was up 24.27% since the first of the year and 24.8% since November 2008.
· The C Fund, which invests in common stocks of large companies on the Standard & Poor's 500 Index, dipped 1.86%. The fund's value increased 17.23% since January 2009, and 9.98% overall during the past 12 months.
· Both the F Fund, which invests in fixed-income bonds, and the G Fund (government securities), posted small October gains. The G Fund rose 2.26%, and is up 2.46 in 2009, and 3.02% since November 2008. The F Fund gained 0.51% last month and is up 6.29% this year, and 13.89% during the past 12 months.
All the life-cycle funds, which are designed to move participants from riskier to safer investment balances as they near retirement, suffered small losses in October. The L 2040 Fund dropped 2.15%; the L 2030 Fund declined 1.81%; the L 2020 Fund fell 1.39%; the L 2010 Fund dipped 0.38%; and the L Income Fund decreased 0.26%. All those funds have managed to gain value since the beginning of 2009. The L 2040 Fund is up 17.9% since January; the L 2030 Fund has gained 16.13%; the L 2020 Fund grew 13.96%; the L 2010 Fund climbed 7.69%; and the L Income Fund is up 6.58%. Those funds also have experienced a boost in value during the past 12 months. During this time, the L 2040 Fund increased 15.03%; the L 2030 Fund gained 13.95%; the L 2020 Fund rose 12.59%; the L 2010 Fund grew 7.74%; and the L Income Fund climbed 6.97%. [Source: GovExec.com Alyssa Rosenberg article 1 Oct 09 ++]
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TSP Update 25: Lawmakers and union representatives on 3 NOV questioned the proposed mutual fund window for the Thrift Savings Plan, claiming it could subject participants to unnecessary risk. "I find it hard to understand why such a change would be advantageous for federal employees," said Rep. Gerry Connolly (D-VA) during a congressional hearing. The 2009 Family Smoking Prevention and Tobacco Control Act includes a provision that could enable federal employees to invest their retirement money into mutual funds of their choice, in addition to the broad offerings currently available through the plan. Congress allowed, but did not mandate, that the TSP board create such an option; TSP administrators have said they haven't decided yet whether to implement it, and likely will wait until other upgrades are completed. If the TSP board decides to implement the change, they likely will face more questions, if the 3 NOV hearing is any indication. Reaction to the new option was mixed:
· The Employee Thrift Advisory Council, which includes several employee groups, is divided on the issue, as is the Federal Retirement Thrift Investment Board, the TSP's governing body.
· The American Federation of Government Employees opposes the idea. "We believe that in almost every case, federal employees who would choose to utilize this mutual fund window would lower their overall rate of return on their savings, not only by exposing themselves to unnecessary risk, but also by paying the large fees and load charges that mutual funds impose on investors," said J. David Cox, an AFGE representative, at the hearing.
· The National Treasury Employee Union expressed ambivalence. "In the abstract, the NTEU thinks it's a good idea," said union President Colleen Kelley, who also noted the risk to TSP enrollees. "NTEU's bottom line is what is in the best interest of our members."
TSP Executive Director Greg Long defended the mutual fund window option as a way to meet the demands of a small group of participants without changing the overall nature of the TSP. He noted that he had no plans to implement it until the ETAC and FRTIB agreed to the plan. "There are a small number of participants who will always say, 'We should have a gold fund, a real estate fund, a socially conscious fund.' There's an unending list of 'whatever' funds, fill in the blank," Long said. He noted the law requires anyone who uses the mutual fund option to pay for its implementation so no one else is subject to the fee. While skeptical, Rep. Stephen Lynch (D-MA), chairman of the House Oversight and Government Reform subcommittee on the federal workforce, said he hopes a compromise is possible -- for instance, limiting the type of mutual funds available to TSP enrollees. "I know some of this sounds paternalistic," Lynch said. "But it's not just participants moving out through the window, it's retirees being bombarded with marketing information that's more driven by profit." Lynch said he would move forward on another issue affecting the TSP: allowing participants to invest unused annual leave toward their account. President Barack Obama supported the move during a recent radio address; TSP attorneys have determined that a change in the law would be necessary to accomplish this. [Source: GOVExec.com Alex M. Parker article 3 Nov 09 ++]
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MEDICATION MEMORY AID: Have you ever taken a pill--vitamin or medication--and immediately forgotten that you took it? Forgetting if you took your pills is fairly common. If not, researchers at Washington University in St. Louis wouldn't have done a study about it. The study revealed that older adults who have to do something every day--like taking a pill, for example--often have no trouble remembering to do it. They just can't remember if they did it. Forgetting can lead to taking another pill--and the dangers of overmedication. In the study, "Repetition Errors in Habitual Prospective Memory: Elimination of Age Differences via Complex Actions or Appropriate Resource Allocation," Dr. Mark McDaniel and the team discovered that when older adults combined pill taking with physical movement--like patting their heads, or tapping the counter--it was easier for them to remember if they took the pill or not. Another thing you may try is to place your daily dose of pills in a dish. When the dish is empty you know you took them. [Source: About.com Senior Living 28 OCT 09 ++]
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MILITARY HISTORY ANNIVERSARIES:
[Source: Various Oct 09 ++]
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TAX BURDEN for IOWA 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 Iowa:
State Sales Tax: 6% (food and prescription drugs exempt); local option taxes can add up to another 2%.
Fuel & Cigarette Tax:
· Gasoline Tax: 22.0 cents/gallon
· Diesel Fuel Tax: 23.5 cents/gallon
· Cigarette Tax: $1.36/pack of 20
Personal Income
Taxes
Tax Rate Range:
Low - 0.36%; High - 8.98%
Income Brackets:
9;
Lowest - $1,407;
Highest - $63,315
Personal Tax Credits: Single - $40;
Married filing jointly - $80; Dependents - $40; 65 years and older - $20
Standard Deduction: (2008) Single -
$1,780; Married filing jointly - $4,390
Medical/Dental Deduction: Federal amount
Federal Income Tax Deduction: Full
Retirement Income
Taxes:
If you receive a pension, annuity, self-employed retirement plan, deferred
compensation, IRA or other retirement plan benefits, you may be eligible to
exclude from Iowa income tax a portion of the retirement income that is taxable
on your Federal return. The exclusion can be up to $6,000 for individuals and
up to $12,000 for married taxpayers. For details refer to
www.iowa.gov/tax/1040EI/Line/08Line21.html
. Social Security benefits are not included. Iowa does not tax Social Security
benefits in the same manner as the IRS. In calculating the taxable amount of
Social Security, single persons can exclude $25,000, married and filling jointly
can exclude $32,000. The state is implementing a gradual phase-out of the tax
on Social Security income. For details refer to
www.iowa.gov/tax/1040EI/Line/08Line13.html.
For tax year 2008 the phase-out is 32%. To qualify for the exclusion you must
be either age 55 or older on 31 DEC, disabled or a surviving spouse or a
survivor having an insurable interest in an individual who would have qualified
for the exclusion during the year. Out-of-state government pensions qualify for
exemptions.
Retired Military Pay: Up to $12,000 can be excluded for joint filers and
up to $6,000 for all other filing statuses for those 55 and older, disabled or
surviving spouse of qualifying person.
Military Disability Retired Pay:
Retirees who entered the military before Sept. 24, 1975, and members receiving
disability retirements based on combat injuries or who could receive disability
payments from the VA are covered by laws giving disability broad exemption from
federal income tax. Most military retired pay based on service-related
disabilities also is free from federal income tax, but there is no guarantee of
total protection.
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
Iowa has more than 2,000 taxing authorities. All property is assessed at 100%
of market value. Most property is taxed by more than one taxing authority.
The tax rate differs in each locality and is a composite of county, city, school
district and special levies. A property tax credit is available to residents
whose total household income is less than $19,503 and are age 65 or older,
totally disabled or are a surviving spouse (not remarried) and born before
1934. A homestead tax credit is given to residents who live in the state for at
least six months of each year and actually live on the property 1 JUL. Once a
person qualifies, the credit continues. The current credit is the first $4,850
of the actual value. Property taxes may be suspended or reduced if the property
owner receives Supplemental Security Income or lives in a nursing home and the
Department of Human Services is paying part or all of the costs. The suspended
taxes will have to be paid when a property is sold or transferred. For more
details refer to
www.iowa.gov/tax/educate/78573.html.
Inheritance and
Estate Taxes
The Iowa inheritance tax ranges from 1% to 15% depending on the amount of the
inheritance and the relationship of the recipient to the decedent. If all the
property of the estate has a value of less than $25,000, no tax is due. The
surviving spouse's share, regardless of the amount, is not subject to tax.
Currently annual gifts in the amount of $12,000 or less are not taxable. For
details refer to
www.iowa.gov/tax/educate/78517.html.
Iowa estate tax is not applicable for deaths on or after 1 JAN 05 due to changes
in the IRS Code which replaced the state death tax credit with a state death tax
deduction.
For further
information, visit the Iowa Department of Revenue site
www.iowa.gov/tax/index.html
or
call 515-281-3114.
[Source:
www.retirementliving.com
Oct 09 ++]
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VETERAN LEGISLATION STATUS 13 NOV 09: 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 30 Oct 09 ++]
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HAVE YOU HEARD: Sublime Wisdom
· If the enemy is in range, so are you. - Infantry Journal
· It is generally inadvisable to eject directly over the area you just bombed - US. Air Force Manual
· Whoever said the pen is mightier than the sword obviously never encountered automatic weapons - General Douglas MacArthur
· You, you, and you ... Panic. The rest of you, come with me - U.S. Marine Corp Gunnery Sgt.
· 'Tracers work both ways.' - U.S. Army Ordnance
· 'Five second fuses only last three seconds.' - Infantry Journal
· Any ship can be a minesweeper. Once.
· 'Never tell the Platoon Sergeant you have nothing to do' - Unknown Marine Recruit
· 'If you see a bomb technician running, try to keep up with him.' - USAF Ammo Troop
· 'Though I Fly Through the Valley of Death , I Shall Fear No Evil. For I am at 50,000 Feet and Climbing.'
· 'You've never been lost until you've been lost at Mach 3.' - Paul F. Crickmore (test pilot)
· 'The only time you have too much fuel is when you're on fire.'
· 'If the wings are traveling faster than the fuselage, it's probably a helicopter -- and therefore, unsafe.'
· 'When one engine fails on a twin-engine airplane you always have enough power left to get you to the scene of the crash.'
· 'Even with ammunition, the U.S. Air Force is just another expensive flying club.'
· 'What is the similarity between air traffic controllers and pilots? If a pilot screws up, the pilot dies; If ATC screws up, the pilot dies.'
· 'Never trade luck for skill.'
· The three most common expressions (or famous last words), in aviation are: 'Why is it doing that?' , 'Where are we?' , and ...'Oh S...!'
· 'Airspeed, altitude and brains. Two are always needed to successfully complete the flight.'
· 'Mankind has a perfect record in aviation; we have never left one up there!'
· 'Flying the airplane is more important than radioing your plight to a person on the ground incapable of understanding or doing anything about it.'
· 'The Piper Cub is the safest airplane in the world; it can just barely kill you.' - Attributed to Max Stanley (Northrop test pilot)
· Airman, maintain thy air speed, lest the earth rise up and smite you!
· There is no reason to fly through a thunderstorm in peacetime - Sign over the Squadron Ops. Desk at Davis-Monthan AFB, AZ, 1970
· If something hasn't broken on your helicopter, it's about to.
· You know that your landing gear is up and locked when it takes full power to taxi to the terminal.
[Source: Veterans’ Corner w/Michael Isam 4 Nov 09 ++]
1 November 2009
THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES
== Veterans Day Specials 2009 -- (Complimentary & discounted)
== Colds vs. Flu -------------------------------------------- (Symptoms)
== NDAA 2010 [04] ---------------------- (Public Law No: 111-84)
== Tricare Regional Contracts [03] ------- (GAO upholds appeal)
== SBP Lawsuit [06] -------------------------------- (DoD concedes)
== VA Claim Retroactive Payment ---------- (After death receipt)
== VA Mental Health Care [03] ----------------- (Summit OCT 09)
== VA Pain Management ------------------------- (Male vs. female)
== VA Fraud Waste & Abuse [26] ---------------------- (Waco TX)
== Wisconsin Vet Homes [01] ----- (Unauthorized expenditures)
== VA Burial Benefit [06] ------------- (H.R.761 Parental burial)
== VA Burial Benefit [07] ---------------- (Hmong & Laotian Vets)
== Medicare Reimbursement Rates 2010 [01] ----- (S.1776 Fails)
== VA Health Care Funding [22] -------------- (Obama signs bill)
== Bariatric Surgery [02] ----------------- (Super obese death risk)
== Stop-loss Pay [01] -------------- (Applications being accepted)
== Vietnam Memorial Wall [04] -------------------- (Repair work)
== PTSD [31] ----------------------------------------- (Surgery risks)
== Vet Benefit Funding -------------------- (Bitter budgets ahead)
== Personality Disorder Discharge [01] ------ (Report requested)
== Vet Grave Locator [02] --------------------- (What’s available)
== Board of Veterans' Appeals [01] ---------------- -- (Expansion)
== We Care for Veterans Program --------------- (Caregiver offer)
== Hugo Salutes Our Veterans -------------------- (Canes for vets)
== Medicare Fraud [25] ---------------------------- (Detroit $2.8M)
== Medicare Fraud [26] ----------------------- (Los Angeles $25M)
== Tricare Flu Shots ------------- (Referral/authorization waived)
== Texas Veteran Lottery ---------------------------- (Starts 9 NOV)
== U.S. Savings Bonds [04] ------------------ (Ownership lawsuit)
== Military Holiday Mailing --------------------- (Deadlines 2009)
== DoD to VA Transition [11] -------- (Far-sighted partnership)
== GI Bill [61] --------------------------- (Blame shared for delays)
== GI Bill [62] -------------------------------- (Telephone outreach)
== GI Bill [63] -------------------------------- (Contractor support)
== Data Breach Blue Cross/Shield ---------------- (Stolen laptop)
== Manila VARO & OPC ------------------------------- (Overview)
== Utah Property Tax Interpretation ------- (Disabled vets irked)
== FPO Mail Delivery Policy [01] ---- (Overseas retiree service)
== SBP DIC Offset [20] ------------------------- ($14 Billon bribe)
== Tricare Overseas Program [02] ----------------- (New contract)
== VA Lawsuit - Leishmaniasis ------------------- (Plaintiffs lose)
== SSA Projections [01] --------------------------------------- (2010)
== USCG/NOAA Personnel Locator --------------------- (Retiree)
== Disabled Retiree Back Tax [02] ----- (USCG/NOAA refunds)
== Long Term Care FLTCIP [05] ----- (Misleading promotion)
== VA Health Care Billing -------------- (Inappropriate charges)
== State of the VA ------------------- (Shinseki HVAC Testimony)
== SSA COLA 2010 [02] ------------------- (Obama wants $250)
== SSA COLA 2010 [03] ----------------------- ($250 Opposition)
== VA VistA [04] ------------------------- (Modernization needed)
== VA Fraud Waste & Abuse [26] --------------------- (Waco TX)
== Camp Lejeune Toxic Water Exposure [08] ---------- (History)
== Vet Toxic Exposure Legislation [02] ----------------- (S.1779)
== Vet Toxic Exposure Basra [01] ------------- (Exposees sought)
== Vet Toxic Exposure Vieques --------------------- (Puerto Rico)
== Vet Toxic Exposure Atsuki ---------------- (VA report to SVAC)
== Enlistment [02] ----------------------------- (Citizenship criteria)
== Military History Anniversaries ------------ (Nov 1-15 Summary)
== Tax Burden for Indiana Retirees --------------------------- (2009)
== Veteran Legislation Status 30 Oct 09 ------- (Where we stand)
== Have You Heard ------------------------------- (Last names only)
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VETERANS DAY SPECIALS 2009: Following are some Veteran Day specials for 2009. In addition to this list many companies, restaurants, and recreational sites offer military discounts which are not well advertised. When making purchases it is always a good idea to first ask if a military discount is available for your veteran status:
Additional discounts are available to active duty and retirees at the following:
[Source: Various OCT 09 ++]
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COLDS vs. FLU: With flu season upon us, and with the increasing number of H1N1 flu cases being reported, more people are making the trip to the doctor. So how can you tell if it’s a cold, seasonal flu or H1N1? According to Fred Sutton, MD, executive vice president and chief medical officer, Harris County Hospital District Texas, “The flu is usually much worse than the common cold. Colds will generally last a few days, while the flu normally lasts much longer. Complications from colds are relatively minor, but seasonal flu and H1N1 can both lead to pneumonia and hospitalizations. If you have symptoms, it’s important to see your doctor.” The common cold and flu are both contagious viral infections. Because these two types of illnesses have similar symptoms, it can be difficult to tell the difference between them based on symptoms alone. Whether a person has typical seasonal flu or H1N1 flu, the symptoms are also similar. H1N1 is also associated with vomiting and diarrhea. There are multiple viruses and colds causing similar symptoms circulating during the fall and winter season. Here are some ways to decide the difference.
· Fever: Fever is rare with a cold whereas fever is usually present with the flu in up to 80% of all flu cases. A temperature of 100°F or higher for 3 to 4 days is associated with the flu.
· Coughing: A hacking, productive (mucus- producing) cough is often present with a cold whereas a non-productive (non-mucus producing) cough is usually present with the flu (sometimes referred to as dry cough).
· Aches: Slight body aches and pains can be part of a cold whereas severe aches and pains are common with the flu.
· Stuffy Nose: Stuffy nose is commonly present with a cold and typically resolves spontaneously within a week whereas stuffy nose is not commonly present with the flu.
· Chills: Chills are uncommon with a cold wherteas 60% of people who have the flu experience chills.
· Tiredness: Tiredness is fairly mild with a cold whereas tiredness is moderate to severe with the flu.
· Sneezing: Sneezing is commonly present with a cold whereas neezing is not common with the flu.
· Sudden Symptoms: Cold symptoms tend to develop over a few days whereas the flu has a rapid onset within 3-6 hours. The flu hits hard and includes sudden symptoms like high fever, aches and pains.
· Headache: A headache is fairly uncommon with a cold whreas a headache is very common with the flu, present in 80% of flu cases.
· Sore Throat: Sore throat is commonly present with a cold whreas sore throat is not commonly present with the flu.
· Chest Discomfort: Chest discomfort is mild to moderate with a cold whereas chest discomfort is often severe with the flu.
[Source: Various Oct 09 ++]
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NDAA 2010 Update 04: On 28 OCT the President signed the National Defense Authorization Act (NDAA) which authorizes $550.2 billion for FY 2010 Department of Defense programs, and $130 billion to support overseas military operations. Some highlights include:
· No proposed Tricare fee increases.
· A 3.4% pay raise for active duty, Guard and Reserve members.
· Authorizing premium-based Tricare coverage for "gray area" Reserve retirees who are under age 60.
· Authorizing special compensation on behalf of caregivers of severely wounded warriors while on active duty.
· Requiring a medical examination before administrative separations of members affected by traumatic brain injury or PTSD.
· Protecting absentee voting rights for military members and families.
· Expanding active-duty Tricare eligibility for activating Guard/Reserve members and their families.
The complete Conference Report of what Congress passed and signed into law can be found at http://armedservices.house.gov. A summary of what is contained in that report is provided in an attachment to this Bulletin. [Source: VFW Washington Weekly 30 Oct 09 ++]
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TRICARE REGIONAL CONTRACTS Update 03: TRICARE South Region contractor Humana Military Healthcare Services and the Government Accountability Office (GAO) are reporting that the GAO has upheld Humana's protest of the Defense Department’s award of the new South Region contract to UnitedHealth Military & Veterans Services. The current contract, covering 3 million beneficiaries, is set to expire as of 31 MAR 10. Details of the GAO determination have not yet been made public, but its upholding of the protest indicates the initial contract award to UnitedHealth didn't comply with laws and regulations governing the award. The obvious question for the South Region beneficiaries is, "What happens now?" We won't know that until GAO releases its full report. It's possible that GAO will recommend reopening the contract bid. In rare cases, it could recommend outright award of the contract to a losing bidder. The decision raises the prospect that the current Humana contract might be extended pending any possible contract rebid process. GAO can only recommend action, but DoD failure to comply with a GAO recommendation on such a high-profile contract would certainly invite congressional scrutiny. The GAO also is expected to issue a decision soon on Health Net Federal Services' protest of the Pentagon's award of the TRICARE North Region contract to Aetna, Inc. While the two protests are completely independent, the upholding of one of them at least raises some uncertainty whether the other might be upheld. More to come. [Source: MOAA Leg Up 30 Oct 09 ++]
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SBP LAWSUIT Update 06: On 22 OCT the Defense Department announced it will not appeal the AUG 09 ruling of the U.S. Court of Appeals in the case of three widows who sued the government to keep both their VA survivor benefits and their military Survivor Benefit Plan annuities. At issue is a 2004 law that restored DIC payments to veterans' surviving spouses who remarry after their 57th birthday. Before the law change, survivors lost DIC upon remarriage at any age. In JUL 07 three widows filed a lawsuit claiming that the unique wording of the 2004 law entitled widows who remarry after age 57 to receive both Survivor Benefit Plan (SBP) annuities from DoD and VA Dependency and Indemnity Compensation (DIC), without any offset between the two. Defense Department lawyers argued that was a flawed interpretation, arguing that the 2004 law's language barring offset for any other "veteran's benefit" didn't apply to SBP, because SBP is a DoD benefit, not a VA benefit. After the U.S. Court of Federal Claims ruled in favor of the widows, the government filed an appeal. But the U.S. Court of Appeals issued a strong rejection of the government's appeal, and the Pentagon's decision not to appeal the case to the U.S. Supreme Court ends the discussion.
The Defense Department has issued guidance to the services and Defense Finance and Accounting Service to identify all SBP annuitants who are eligible for DIC and who remarried after their 57th birthday. Qualifying survivors will be eligible to receive both payments in full, retroactive to 1 JAN 04 or the date of their remarriage, whichever is later. Payments will be reduced by the amount of any previous SBP premium refund and by the amount of any Special Survivor Indemnity Allowance payments the survivor may have received. Although the number of survivors affected is relatively small, this decision gives us yet another equity argument to change the law for all remaining SBP-DIC widows. It simply doesn’t make sense to have two separate standards in the law, one that allows payment of full SBP and DIC for survivors who remarry after age 57 and another that forces a dollar-for-dollar offset between the two benefits for all others. [Source: MOAA Leg Up 30 Oct 09 ++]
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VA CLAIM RETROACTIVE PAYMENT: Veterans who submit claims to the VA for disability compensation which are subsequently approved receive retroactive payment back to the date of claim submission. The amount of payment is based on the monthly compensation they are entitled to for the percentile rating they are awarded times the number of months since the claim submission. This is normally a lump sum check after which they start receiving monthly checks. However, if the veteran has died in the interim, federal law mandates the money be reclaimed by the government if the recipient has died. If the veteran has a wife or children, they could petition the VA to get that money returned to his estate. If the veteran is single the VA will reclaim the money from his estate depriving other relatives from benefiting from it and allowing the deceased veterans debts to go unpaid.
Case in point is Vietnam veteran Daniel Hoeck, a Purple Heart recipient, who died at age 62 when a burglar stabbed him to death. Before he was killed and at the urging of family, Hoeck sought medical help from the Department of Veterans Affairs in Baltimore and applied for benefits. About 18 months later, a lump sum retroactive payment finally came in the mail for him and monthly checks were soon to follow, but the problem was, Hoeck was dead. At the advice of an attorney, Hoeck's sister deposited the check of $13,694 in an estate account for him at First Mariner Bank. Hoeck never married or had children, so Davidson was considered his legal and personal representative. While she didn't indicate she thought that monthly benefits should be sent to a deceased person, her issue was the retroactive lump sum payment, which would help cover her brother's debts. "They just never managed the affairs to get him the money," she said. The estate attorney Gina Shaffer said, "It was something that was owed to him prior to his death, and whether it was payable to him individually or his estate, it was owed,"
But Veterans Affairs officials saw the case very differently. Soon after learning from the family that Hoeck had been killed, they took the benefits check back, demanding First Mariner return the money to the U.S. Treasury Department. No notice was given to the family by the VA who learned of the action via a letter from the bank. After a local TV News team investigated the issue and made an inquiry to the VA, they agreed to pay Davidson more than $2,700 to cover expenses related to Hoeck's death, but they made it clear that it was a one-time payout. Bernard Edelman of the Vietnam Veterans of America (VVA) group said that part of the blame goes to the 18 months Hoeck had to wait before the VA determined his benefit eligibility. Long waits can be common, but not if veterans get help from service representatives who can act as a veteran's advocate that organizations like the VVA offer. Veterans’ submitting claims are encouraged to contact the VVA, DAV, VFW, American Legion, and other fraternal military organizations who have trained personnel to act in their behalf. They can ensure that claims are properly filled out with supporting documents to avoid unnecessary delays in processing. [Source: WBAL-TV 11 Baltimore report 26 Oct 09 ++]
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VA MENTAL HEALTH CARE Update 03: The Department of Veterans Affairs (VA) and the Department of Defense (DoD) are hosting a first-of-its-kind national summit to address the mental health care needs of America's military personnel, families and Veterans, harnessing the programs, resources and expertise of both departments to deal with the aftermath of the battlefield. The summit, which opened 26 OCT at the Capital Hilton in Washington, D.C., invited mental health experts from both departments, Congress, the president's cabinet and more than 57 non-government organizations to discuss an innovative, wide-ranging public health model for enhancing mental health for returning service members, Veterans, and their families. Striking down the stigma associated with the mental health risks of service in a combat zone is among the priorities of the joint VA-DoD campaign on mental health for service members, Veterans and families.
Various studies show a large incidence of post-traumatic stress disorder occurs during the lifetime of many combat Veterans. A final report following the summit will summarize policies, programs and practices that show promise for enhancing the well-being and care for individual service members, Veterans, and their families. VA and DoD view mental health in returning service members and Veterans as a matter of public health and an opportunity to engage in a broad response throughout America. VA operates the largest mental health program in the nation. VA has bolstered its mental health capacity to serve combat Veterans by adding thousands of new professionals to its rolls in the last four years. The department also has established a suicide prevention hotline (1-800-273-TALK) and Web site available for online chat at www.suicidepreventionlifeline.org/Veterans. [Source: VA Press Release 26 Oct 09 ++]
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VA PAIN MANAGEMENT: In the first study to look at sex-specific pain prevalence in Operation Enduring Freedom/Operation Iraqi Freedom (OEF/OIF) Veterans, researchers from the VA Connecticut Healthcare System and the Yale University School of Medicine found women Veterans had a lower prevalence of pain than male counterparts returning from the conflicts. Approximately 60% of OEF/OIF Veterans were assessed with pain during the study period. Full details of the study appear in the OCT 09 issue of Pain Medicine, a journal published by Wiley-Blackwell on behalf of the American Academy of Pain Medicine, the Faculty of Pain Medicine of the Australian and New Zealand College of Anaesthetists and the International Spine Intervention Society. Sally Haskell, M.D. and colleagues set out to evaluate the difference in the prevalence of overall pain, moderate-severe pain, and persistent pain between male and female Veterans. The study sample was derived from U.S. military personnel listed on the Veterans Administration (VA) OEF/OIF roster who were discharged between 1 OCT 01 and 30 NOV 07. Researchers limited the sample to 153,212 Veterans (18,481 female; 134,731 male) who had 1 year of observation after their last deployment.
Results indicate that for those Veterans evaluated for pain, 43.3% reported any pain, 63.2% of those with pain reported moderate-severe pain, and over 20% of those with pain scores recorded over 3 months time reported persistent pain. Researchers found no significant difference in the probability of pain assessment by sex. According to the study, female Veterans were less likely to report any pain (38.1% F vs. 44.0% M). In Veterans with any pain, researchers found female Veterans were more likely to report moderate-severe pain (68.0% vs. 62.6%) and less likely to report having persistent pain (18.0% vs. 21.2%) than male colleagues. "We were surprised by the lower pain prevalence in women Veterans which is contrary to studies conducted in civilian populations," noted Dr. Haskell. Past studies in civilian populations indicate women more commonly report specific pain syndromes including migraine headaches, oral-facial pain, fibromyalgia and abdominal pain. Women also report more severe and longer lasting pain than men.
Researchers hypothesize that the lower pain prevalence in women Veterans may reflect differences in exposure to combat trauma and injury between male and female soldiers. Though women do not serve in direct combat roles, they have supportive roles that may put them in harms way making it difficult to assess the true injury risk for female Veterans. Related studies also indicate women are more reluctant to seek VA treatment and report more barriers to seeking treatment which could result in lower rates of reported pain in female Veterans. In 2008 the Department of Defense listed 1.4 million active duty military personnel with 200,337 of those women. The number of women in armed service is expected to continue to increase. "As the VA plans care for the increasing numbers of female personnel a better understanding of the prevalence of pain, as well as sex-specific variations in the experience and treatment of pain, is important for policy makers and providers who seek to improve identification and management of diverse pain disorders, "concluded Dr. Haskell "The VA national office of Women Veterans Health recognizes the pain management needs of women Veterans. This office is working with the VA national office of Pain Management to build a research program that informs both the development of clinical services for women with chronic pain conditions and the training needs of providers," says Pain Medicine Co-Guest Editor Robert Kerns, who is also a co-author of the paper. [Source: ScienceDaily (22 Oct 09 ++]
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VA FRAUD WASTE & ABUSE Update 26: Jimmy Doyle Jenkins, of Waco, was sentenced to five years probation on 21 OCT after he admitted he misappropriated almost $50,000 in veteran's benefits from the U.S. Government. Doyle was ordered to repay the $49,520 in benefits he received but he told Federal District Judge Walter Smith he was unable to do so because his wife had taken all the money. Court documents indicate Karen Jane Jenkins was indicted by a federal grand jury for an aggravated felony assault causing serious bodily injury after she allegedly tried to poison her husband. She was to be arraigned 22 OCT on that charge in federal magistrate court. The case background summary states Jimmy Jenkins applied for and accepted veteran's benefits without disclosing other income that would have disqualified him from those payments. He admitted in court on Wednesday his wrongdoing and told the judge he would pay the funds back but his wife, Karen, had taken those funds from his bank account and he would now be unable to do so. The charging document for Karen Jenkins states while Jimmy Jenkins was a patient at an area VA hospital, she placed a "toxic chemical substance" in his drinking water in an effort to poison him. [Source: KWTX.com report 23 Oct 09 ++]
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WISCONSIN VETERANS HOMES Update 01: A panel of state lawmakers has voted to go ahead with an audit of Wisconsin's Department of Veterans Affairs. The audit comes as the Department of Justice is investigating $743,000 worth of spending by the agency that was not authorized by the legislature. Green Bay Republican Senator Robert Cowles says it's the legislature's duty to protect the integrity of the veterans’ agency. He says something will have to be cut in the veterans’ agency to meet the budget, they won’t be able to come to the legislature and find more money. Cowles and others directed the state's audit bureau to focus on Wisconsin's veterans homes in King and Union Grove. The commandant of the King Home was recently replaced. [Slource: Wisconsin Public Radio Shawn Johnson report 22 Oct 09 ++]
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VA BURIAL BENEFIT Update 06: The Disability Assistance and Memorial Affairs Subcommittee of the House Veterans Affairs Committee voted 21 OCT in favor of legislation that would allow parents of certain deceased veterans to be buried with their loved ones in U.S. military cemeteries. The bill, the Corey Shea Act (H.R.761), was introduced earlier this year by Congressman Barney Frank in response to a request made by Denise Anderson of Mansfield, whose son Army Specialist Corey Shea was killed in Mosul, Iraq during NOV 08. Congressman John Hall, chairman of the Disability Assistance and Memorial Affairs Subcommittee, moved the legislation forward quickly, holding a hearing 8 OCT, and putting the bill to a vote 21 OCT. The legislation passed the subcommittee by a unanimous vote. “I am grateful to Chairman Filner and Subcommittee Chairman Hall for moving this legislation quickly,” said Frank. “I will work with leadership to help bring this bill to a vote on the House floor. This legislation is a testament to the devotion of Mrs. Anderson, whose personal commitment will help veterans’ families across the country.”
According to current law, only spouses or minor children of deceased veterans may be buried in the same plot as their loved ones in national military cemeteries, unless special permission is granted by the United States Department of Veterans Affairs. Shea lost his life at the age of 21, leaving behind no surviving spouse or minor children. The U.S. Department of Veterans Affairs denied the request of Shea’s mother to be allowed to be buried with her son in Bourne national cemetery. Anderson asked Frank if he would help change the law to allow parents of deceased veterans to be interred with their adult children if the veteran has no living spouse or minor children. Earlier this month, Anderson traveled to Washington, D.C. to testify in favor of the bill before the Veterans Affairs Subcommittee. The bill passed by the subcommittee grants parents of deceased veterans the right to be buried with their children if the veteran has no living spouse or minor children. The legislation stipulates this does not cause any veteran to be displaced. The bill covers veterans who died in battle or in preparation for battle, and it includes either biological or adoptive parents. The legislation will next come before the full Veterans Committee for a vote and, if the bill passes, will move to the House floor. [Source: Mansfield News and Enterprise staff report 21 Oct 09 ++]
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VA BURIAL BENEFIT Update 07: Hmong and Laotian war veterans could secure treasured burial spots in U.S. national cemeteries under legislation now being drafted by California San Joaquin Valley lawmakers. Prompted by the natives of Laos who fought side by side with U.S. Special Forces and CIA officers during the Vietnam War, the region's House members are seeking support for the burial benefit. Supporters call this fair compensation for those who sacrificed much. "We helped the United States fight that war," said Wangyee Vang, president of the Fresno-based Lao Veterans of America. "We deserve to have this." In a letter circulating among congressional colleagues, Reps. Jim Costa, D-Fresno, George Radanovich, R-Mariposa, Devin Nunes, R-Visalia, Jerry McNerney, D-Pleasanton, and Dennis Cardoza, D-Merced, are rallying additional support for the Hmong burial bill. The bill will be introduced once more co-sponsors are gathered. "This bill is written narrowly enough so as not to grant these individuals full veterans status, just internment benefits in national cemeteries, which they so richly deserve," states the letter, initiated by Costa's office.
Traditionally, the Hmong have resided in the mountains of Laos. Beginning in the early 1960s, Vang and others were recruited by U.S. personnel to assist in a largely covert theater of the broader war in Southeast Asia. Tens of thousands of Hmong and Lao are estimated to have died. After the war, with Laos fallen into communist hands, many emigrated to this country. Presently, an estimated 130,000 Hmong and Lao live in California, with many in the San Joaquin Valley. Along with the lowland Lao, the Hmong have lobbied in recent years for various immigration and other benefits. Until now, though, they have not explicitly sought burial rights in U.S. national cemeteries. Politically, it is easier to ask for one benefit at a time rather than an outright declaration of veteran status. Steve Robertson, legislative affairs director for the American Legion, said 28 OCT that extending the burial benefits to Hmong and Lao veterans is "in the realm of possibility," though the veterans advocacy organization has not taken a formal position. "In general, we've been very, very supportive of assisting that group of veterans," Robertson said. Still, it's rare for anyone other than U.S. military veterans and their immediate family members to win burial rights
in one of the 130 Veterans Administration national cemeteries.
The closest parallel to the Hmong's request came several years ago when Congress extended the cemetery benefits to Filipino soldiers and guerrilla fighters from World War II. A few other groups have likewise won national cemetery burial rights, including World War II merchant mariners and officers with the Public Health Service and the National Oceanic and Atmospheric Administration. The available burial areas overseen by the VA's National Cemetery Administration range from the 322-acre San Joaquin Valley National Cemetery in Santa Nella to the four-acre Sitka National Cemetery in Alaska. Separately, the Department of the Army oversees the world famous Arlington National Cemetery. Many facilities have been swamped with demand, particularly as veterans from the World War II and Korean War generation age. "We've got a lot of cemeteries that are already maxed out," Robertson noted. Verification of service is one potential hurdle, accentuated because of the covert nature of the war in Laos. Unlike U.S. military veterans, the Hmong were not provided a DD-214 form that attests to their service. Previous bills aiding the Hmong typically required proof such as affidavits signed by superior officers. The Hmong burial benefits bill will leave verification standards up to the Department of Veterans Affairs. [Source: McClatchy Newspapers Michael Doyle article 28 Oct 09 ++]
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MEDICARE REIMBURSEMENT RATES 2010 Update 01: Despite a strong push from The Military Coalition (TMC), the American Medical Association (AMA) and others, the Senate failed to muster enough votes this week to repeal the flawed statutory formula that will impose a 21% cut in Medicare and Tricare payments to doctors this coming January unless the law is changed. Earlier this week on 20 OCT, Military Officers Association of America (MOAA) President VADM Norb Ryan Jr. (USN-Ret) was one of three major association leaders invited by Sen. Debbie Stabenow (D-MI) to speak at a press conference in the U.S. Capitol building to highlight the importance of passing Stabenow's bill to protect against repeated cuts in 2010 and subsequent years. Speaking at the press conference Ryan said, "The current flawed formula for Medicare doctor payments puts every military beneficiary at risk, because military Tricare payments are tied to Medicare's. Access to health care already is the single biggest problem for military beneficiaries of all ages. The 21% cut to Medicare and Tricare payments called for under current law would make that problem exponentially worse by causing large numbers of doctors to stop seeing elderly and military patients. The last thing troops in combat should have to worry about is whether their sick spouse or child can find a doctor to treat them." Ryan noted that MOAA members had generated more than 16,000 messages in the space of four days urging their legislators to support Stabenow's legislation.
Current law requires not only a 21% payment cut in 2010, but a cumulative 40% cut over the next six years. Stabenow said she introduced her bill "Medicare Physician Fairness Act" (S.1776) to get Congress "to rethink how we look at physician care and physician payments. She said Congress has acted to stop such cuts seven times in the past, but most have only been one-year fixes that necessitated reversing even bigger cuts the following year. "We need to stop the band-aid approach, be honest about [future budgets], and lay a foundation for real physician payment reform." Ryan signed MOAA letters to every senator on 20 OCT, urging them to vote for S. 1776, but the vote failed after several senators expressed concern about how to pay for the bill, which would cost $250 billion over the next 10 years. After the failed vote, Senate leaders pledged to find a way to approve and fund at least a one-year fix before the end of December to ensure the 21% cut in Medicare and Tricare payments won't go into effect. The problem with this approach is that current law requires compounding annual cuts - forcing a 26% payment cut in JAN 2011 - so putting off a permanent fix only increases the cost of doing that later.
On 30 OCT House Democrats introduced H.R.3961, the Medicare Physician Payment Reform Act of 2009, which would repeal Medicare’s ineffective Sustained Growth Rate (SGR) formula and replace it with a more reliable system. The SGR is used to determine physician reimbursement rates for doctors providing services in Medicare and TRICARE programs. First established in 1997 to constrain healthcare costs, the SGR sets spending caps for the entire Medicare program each year, and if overall spending exceeds that level (which it has, every year, since 2002), physician reimbursement rates are cut to bring expenditures in line with established targets. [Source: MOAA Leg Up 23 Oct 09 ++]
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VA HEALTH CARE FUNDING Update 22: President Barack Obama signed the Veterans Health Care Budget Reform and Transparency Act in a ceremony at the White House. The new law requires advance funding for the VA health-care system. “We have made the biggest commitment to veterans with the largest percent increase in the VA budget in more than 30 years” Obama said. “So we’re keeping our promise to make real progress for our vets.” In short the president said VA advance funding “promotes accountability at the VA, it ensures oversight by Congress ... And it ensures that veterans health care will no longer be held hostage to the annual budget battles in Washington.” The president made his remarks in the East Room of the White House joined by VA Secretary Eric Shinseki and Sen. Daniel Akaka, chairman of the Senate Veterans’ Affairs Committee and the bill’s sponsor.
Representatives from veterans service organizations and members of Congress who played key roles in passing the legislation were part of the crowd that witnessed the signing. “No longer will VA and the veterans in its care have to suffer from the ‘check’s in the mail’ syndrome”, American Legion National Commander Clarence Hill said. “Now the VA will know a year in advance what resources will be available to it so plans can be made accordingly. Advance appropriations will go a long way toward minimizing compromises in the delivery of the high-quality VA health care our veterans expect and deserve.”
Obama thanked several members of Congress for their efforts in getting the advance funding bill passed noting that it was an example of what Democrats and Republicans can do when they join forces to do right by our veterans. " Let me say that I take special pride in this legislation”, Obama said. “Because as a senator, I was a proud co-sponsor of this legislation, I served on the Veterans’ Affairs Committee, and in the campaign last year you all remember I had promised to pass it and today as president I’m fulfilling that promise.” Obama told the audience that with the new legislation veterans medical care will be funded one year in advance. “For VA this means timely, sufficient, and predictable funding from year to year. Most of all for our veterans it will mean better access to doctors and nurses and the medical care that they need.” Akaka introduced the VA advance funding bill in Congress on 12 FEB, guided it through committee hearings, and gathered 56 co-sponsors. On 13 OCT the Senate approved the legislation unanimously. [Source: American Legion Online Update 22 Oct 09 ++]
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BARIATRIC SURGERY Update 02: Veterans classified as super obese and those with a higher chronic disease burden appear more likely to die within a year of having bariatric surgery, according to a report in the OCT issue of Archives of Surgery, one of the JAMA/Archives journals. Currently, 165,000 veterans who use Veterans Affairs (VA) medical facilities have class III obesity, defined as a body mass index (BMI) of 40 or greater, according to background information in the article. Evidence suggests bariatric surgery is one of the few interventions that can help morbidly obese individuals lose enough weight to significantly improve their health and quality of life. The risk of death associated with bariatric surgery is thought to be low, but most previous studies have involved younger women rather than the older male population that typically uses VA facilities. The number of bariatric procedures performed in approved VA medical facilities more than tripled between 2000 and 2006; however, the surgery is being performed on only approximately 0.1% of all veterans who meet BMI criteria. "Whether the volume of the VA bariatric surgery program should be expanded in the coming years largely depends on the impact such operations have on long-term health outcomes," the authors write.
David Arterburn, M.D., M.P.H., of Group Health Research Institute, Seattle, and colleagues examined patient factors associated with the risk of death among 856 veterans who underwent bariatric surgery in any of 12 VA bariatric centers from 2000 to 2006. The patients had an average BMI of 48.7 and an average age of 54 years; 73% were men. Overall, a total of 54 patients (6.3%) died during the follow-up period; 1.3% of the patients died 30 days after surgery, 2.1% died 90 days after surgery and 3.4% had died after one year. In statistical models performed by the researchers, the patients who were classified as super obese (having a BMI of 50 or higher; 36% of the sample) and those with a higher score on a measure of costs related to co-occurring diseases (8% of the sample) had an increased risk of death. Super obese patients (who accounted for 30 deaths) had 30-day, 90-day and one-year death rates of 2%, 3.6% and 5.2%, whereas those with a higher comorbidity (i.e.presence of one or more disorders/diseases in addition to a primary disease or disorder) cost score had rates of 1.5%, 5.8%and 10.1%.
Several possible explanations exist for the increased risk of death among the super obese, the authors note. Bariatric procedures are technically more difficult in these patients because of their abdominal fat; they may be at greater risk for wound complications and blood clotting; and they are likely to have more obesity-related illnesses. "The results of this study should inform discussions with patients with regard to the potential risks and benefits of bariatric surgery," the authors conclude. "These findings also suggest that the risks of bariatric surgery in patients with significant comorbidities, such as congestive heart failure, complicated diabetes and chronic obstructive pulmonary disease, should be carefully weighed against potential benefits in older male patients and those with super obesity." [Source: ScienceDaily Journal article 21 Oct 09 ++]
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STOP-LOSS PAY Update 01: The Defense Department said 21 OCT that it would begin paying retroactive compensation to troops who were prevented from leaving the military under the contentious policy known as stop-loss. The new payments apply to about 185,000 troops who, in the years after SEP 01, were not allowed to retire or be discharged on time because of stop-loss, an involuntary extension of active service that officials said was necessary to ensure that there were enough officers, skilled personnel and combat enlisted men for two wars, in Iraq and Afghanistan. Secretary of Defense Robert M. Gates said in MAR 09 that the Pentagon would phase out stop-loss, a highly unpopular policy, by early 2011, when the last unit with stop-lossed troops is to return home. Under the new payment policy, which was mandated by Congress, the department will give each eligible service member or veteran $500, which is in addition to regular pay, for every month served under stop-loss. Families of troops who died while on stop-loss are also eligible for compensation, of the same amount. There are now 5,200 troops still serving under stop-loss. They are already receiving $500 a month in extra pay.
Paul Rieckhoff, executive director of Iraq and Afghanistan Veterans of America, said that the compensation was long overdue and that he hoped its cost would keep the Pentagon “from abusing this policy as often as it has done in the past.” Samuel B. Retherford, director of officer and enlisted personnel management at the Pentagon, said in an interview with Armed Forces News Service, “We’re doing everything we can to discontinue the use of this authority.” Of the 185,000 troops at issue, the Army had a vast majority, 136,000 soldiers, who served an average of seven extra months, said Lt. Col. Les A. Melnyk, a Defense Department spokesman. The Air Force had the second-largest number, 39,000, followed by the Marine Corps, with 9,600. The Navy had the fewest cases of stop-loss, 250, but the extension of duty for those sailors averaged 15 months. Congress allocated $534.4 million to the program in JUN 09, but the Defense Department may need about $600 million to make all the payouts. Applicants have one year or until 21 Oct 2010 to apply for retroactive payment and must provide a servicemember’s DD-214, a copy of their contract, and proof that the individual was stop-lossed. Current and former service personnel, as well as surviving spouses, can apply for the compensation. Each service branch has set up a Web site or e-mail addresses for military personnel or families to apply for the compensation as indicated:
· Army: www.stoplosspay.army.mil/Default.aspx
· Navy: NXAG_N132C@navy.mil
· Air Force: www.afpc.randolph.af.mil/stoploss/index.asp
· Marines: www.manpower.usmc.mil/stoploss
[Source: New York Times James Dao article 22 Oct 09 ++]
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VIETNAM MEMORIAL WALL Update 04: Repair work was under way 21 OCT at the Vietnam Veterans Memorial on the National Mall as a private memorial fund took over landscaping and maintenance of 13 acres from the National Park Service. Over the next two weeks, workers are restoring the flagpole’s bronze finish and its decorative base with five military branch insignias. They will also restore the bronze finish for five stands that hold directories that help people find names on famous V-shaped memorial wall, which draws millions of visitors each year. The Vietnam Veterans Memorial Fund, which built the memorial, also has repaired an irrigation system and is reseeding and sodding the grass. Last month, the group announced plans to pay for maintenance at the site because of scarce funding from the federal government. They plan to raise more than $1 million to care for the memorial and grounds, including $500,000 to buy replacement granite if sections of the wall need to be replaced in the future. “Everybody has the same goal: We want it to look good,” said fund spokeswoman Lisa Gough. “We want it to shine.” The memorial’s bronze fixtures — including the flagpole and a statue of three soldiers — will be restored for the first time since they were installed more than 25 years ago, said James Cummings, who was part of the memorial’s original architecture team the project. The fund is working to raise $100,000 to restore the statue in the next year. The bronze is worn down and has turned green on the soldiers’ noses and arms, Cummings said. The weather caused some of the damage, along with the hands of many visitors. “No one expected the memorial itself would have such an impact with the culture,” said Cummings. “There’s a plan now to take care of it.” [Source: MarineCorpsTimes Brett Zongker article 21 Oct -09 ++]
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PTSD Update 31: Veterans with post-traumatic stress disorder face an increased risk for dying after surgery, even if the surgery is performed years after they have completed their service, according to a U.S. study. Researchers analyzed data on 1,792 male veterans who had major non-cardiac, non-emergency surgeries between 1998 and 2008. Of that group, 129 (7.8%) had been diagnosed with post-traumatic stress disorder (PTSD) before their surgery. Men with PTSD were an average of seven years younger than those without PTSD -- 59 versus 66 years old -- but were much more likely to have cardiac risk factors, the study noted. One year after surgery, the death rate among men with PTSD was 25% higher than for those without PTSD -- 8.5% versus 6.8%. After the researchers adjusted for age and preexisting medical conditions -- including heart disease, high blood pressure, diabetes, high cholesterol, smoking and depression -- they found that veterans with PTSD were 2.2 times more likely to die within a year of surgery than those without PTSD.
The findings were scheduled to be presented at the annual meeting of the American Society of Anesthesiologists 17-21 OCT in New Orleans. "This study is the first of its kind, with groundbreaking findings," the study's lead author, Dr. Marek Brzezinski, of the San Francisco VA Medical Center and University of California, San Francisco, said in a news release from the society. "The magnitude of the detrimental effect of PTSD diagnosis on postoperative mortality is unexpectedly large -- greater than that of diabetes, which is an established risk factor for patients undergoing surgery." The results highlight "the need to consider potential treatments to help reduce risk in the veteran PTSD population, "Brzezinski said. "The number of veterans returning from our current conflicts with PTSD who require surgical treatment is expected to increase in the future." PTSD affects 15 to 31% of Vietnam veterans and 20% of veterans returning from Iraq and Afghanistan, according to background information in the news release. For more info on PTSD refer to The U.S. National Institute of Mental Health site www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd/index.shtml. [Source: American Society of Anesthesiologists news release 17 Oct 09 ++]
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VET BENEFIT FUNDING: MOAA's Director of Government Relations and co-chair of The Military Coalition Col. Steven P. Strobridge, USAF-Ret., wrote the following commentary in the MOAA News Exchange on anticipated future Budget Battles which will impact on veteran benefits. A good read on what to expect:
As I See It — Bitter Budget Winds Ahead
If you’re going to be in the military personnel and compensation lobbying business for any length of time, you’d better be an optimistic person. By that, I mean you have to believe the U.S. system of government — as flawed as it usually is in the short term — eventually does the right thing. But in the short term, you can expect some serious disappointments and periods of very tough sledding. One particularly bitter disappointment this year was Congress’ failure to provide any concurrent-receipt relief to severely disabled military retirees forced into medical retirement for noncombat injuries. Under current law, a 20-year retiree with a 10% combat-related disability gets to keep his or her retired pay and VA disability compensation for the combat-related injury. But someone forced into medical retirement with a 100% disabling noncombat injury has to fund his or her own VA disability compensation out of earned retired pay. When President Obama proposed a fix for that in the FY 2010 defense budget — the first president of either party ever to support a concurrent receipt plan — MOAA thought at long last this terrible inequity would be fixed. House Armed Services Committee Chair Ike Skelton (D-MO) put his personal prestige on the line to find budget offsets to fund the president’s proposal and won the fix in the House. So we were shocked to learn last week it had been dropped from the final defense bill “for lack of sufficient budget offsets.” What happened? The answer offers a bitter lesson in congressional budget politics and a sobering assessment of the budget environment the country faces for 2010 and beyond.
Under congressional budget rules, any proposed increase in mandatory spending — a category that includes military retired pay, survivor benefits, and Tricare For Life (TFL) — must be offset by an equal reduction in other mandatory spending or an equivalent increase in tax or other revenue. The savings have to fully offset the one-year, five-year, and 10-year costs of the initiative. And the congressional committee that proposes the plus-up has to come up with the offsetting savings within its own jurisdiction, get leadership approval to take it from some other committee’s jurisdiction, or get congressional agreement to borrow the money/increase the deficit. According to MOAA’s sources, the problem on this year’s concurrent-receipt initiative was most of the savings identified were in the first year and came from jurisdiction other than the Armed Services committees’. House leaders had signed off on the deal, but at least one Senate committee with jurisdiction over the proposed offsets wouldn’t agree, and efforts to identify alternative offsets failed. On an issue-specific level, using budget hardball rules to stymie relatively low-cost relief ($160 million in 2010) for totally disabled military retirees is maddening when Congress regularly has waived the offset rules to approve trillions of dollars in stimulus packages, bailouts, and more (including — to be fair — tax cuts, the new GI Bill, and military home owner tax relief).
From a bigger-picture standpoint, this strenuous battle over a relatively tiny budget offset offers an ominous portent for the future. Dropping concurrent receipt is not something Hill leaders wanted to do or took lightly. After all, this was a personal initiative by a new Democratic president, and House and Senate leaders (already on record as endorsing concurrent receipt) wanted to support the president. If they couldn’t come up with the necessary $160 million, they had some reasons. And if I’m right on speculating about those reasons, it doesn’t bode well for the next few years:
· First, and most obviously, the Armed Services committees don’t have any offsets to offer. They’re not going to cut TFL or survivor benefits to fund concurrent receipt.
· Second, Congress has much bigger fish to fry (e.g., national health care reform) that are consuming almost all possible budget offsets.
· Third, Congress’ past approval of massive spending packages has driven the deficit to unprecedented levels that seem to be forcing tighter budget rules for “nonessential” issues.
How bad is it? The 2009 deficit will be about $1.4 trillion — with a “T.” That’s 10% of the value of total U.S. national output of goods and services — a truly staggering figure. Meanwhile, Congress faces huge challenges to extend health care coverage to all Americans, find a way to keep Medicare and Social Security from going broke with the coming retirement of the baby boomers, and fight two wars, while trying to continue national recovery from a massive economic and employment slump. In the words of an old Bob Dylan song, “You don’t have to be a weatherman to know which way the wind blows.” I remain an optimist for the long term. But the country — and the military, wars or no wars — faces some extremely trying budget years ahead. I don’t think the real magnitude of that has sunk in for most Americans yet. If you think we’ve had some tough budget battles in recent years, “You ain’t seen nothin’ yet.” [Source: MOAA News Exchange 21 Oct 09 ++]
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PERSONALITY DISORDER DISCHARGE Update 01: In the Senate, Barack Obama fought for better mental-health care for troops returning from Iraq and Afghanistan. Now that he's president, some of his former colleagues want him to pick up the gauntlet once more and make sure troops are getting the benefits they deserve. "In 2007, we were partners in the fight against the military's misuse of personality disorder discharges", four senators Blanche Lincoln (D-AR), Charles Grassley (R-IA), Kit Bond (R-MO) and Sam Brownback (R-KS) wrote in an OCT letter asking Obama for a report to Congress on the current use of the discharges. "Today we urge you to renew your commitment to address this critical issue facing thousands of returning service members." Because the military views personality disorders as a pre-existing condition, many service members returning from the wars in Iraq and Afghanistan with mental health problems have been unable to receive health benefits. There have been questions, however, about how scrupulous the military has been in making sure that the personality disorder discharges were proper. A Pentagon spokeswoman said the department would have no immediate comment.
Obama was the junior Democratic senator from Illinois two years ago when he and other lawmakers asked the military to examine how it treated troops who came home with mental disorders. Failing to get a response from the Pentagon, several senators, including Bond, Obama and Democrat Claire McCaskill of Missouri, asked the Government Accountability Office to investigate. They were concerned about the rising number of troops who were returning from Iraq and Afghanistan suffering from post-traumatic stress disorder and other mental health conditions. Many were diagnosed with personality disorders. "In many instances, service members discharged with 'personality disorders' are forced to repay thousands of dollars to the federal government in re-enlistment bonuses they deserved while serving in hazardous combat conditions," the senators said in their letter this week to the president.
In a report last year, the GAO studied troops who'd been discharged with personality disorders from 2001 to 2007 and found that the Pentagon often failed to meet all the necessary criteria. Compliance, for instance, with mandatory counseling requirements ranged from 40% of the time to 99%. The Pentagon "does not have reasonable assurance that its key personality disorder-separation requirements have been followed," the GAO concluded. It said military officials "could not explain why these separations were approved." In the wake of the report, the military established a system to ensure that all the proper discharge steps were followed. Bond, Brownback, Lincoln and Grassley want Obama to make sure that they are. Paul Sullivan, the executive director of Veterans for Common Sense, a nonprofit activist group, said the Defense Department hadn't done a good job of ensuring that veterans with mental health disorders were being diagnosed correctly. "We urge them to fix the problem now and share the information with Congress and veterans groups," he said. [Source: McClatchy Newspapers David Goldstein article 20 Oct 09 ++]
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VET GRAVE LOCATOR Update 02: The Nationwide Graveside Locator service is available on handheld devices with Internet capability. The service provides locations and driving directions to both national cemeteries and private burial grounds. "This innovative program continues VA's commitment to use the latest technology to provide veterans and their families with information they need," VA Secretary Eric Shinseki said. "It will simplify and enhance the experience of many who visit our national cemeteries." The VA introduced an Internet-based nationwide gravesite locator in 2004. It is linked to electronic burial records to help people find the cemeteries where their relatives are buried. For veterans and eligible family members buried in national cemeteries, or whose graves are marked with a government headstone, the location of the graves can be found on your personal computer and at national cemetery kiosks.
The Web site http://gravelocator.cem.va.gov/j2ee/servlet/NGL_v1 allows for searches by name and by cemetery, if the location is known. A search will provide a grave location, a link to a Google map and driving directions, and a link to the cemetery map if available. The locator includes burial records from many sources. These sources provide varied data; some searches may contain less information than others. Information on veterans buried in private cemeteries was collected for the purpose of furnishing government grave markers, and the locator does not have information available for burials prior to 1997. Erroneous information can be corrected, but there is no capability to add to the information contained in the existing record. If your search returns incorrect information about a veteran or family member buried in a national cemetery, contact the cemetery directly to discuss your findings. To report incorrect information about a veteran buried in a private cemetery go to https://iris.va.gov/scripts/iris.cfg/php.exe/enduser/home.php and submit an input. Names cannot be added to the listing if a government grave marker was not furnished for the grave, or if the existing government grave marker was furnished prior to 1997. For more complete information concerning individual records, we suggest you contact the cemetery or local officials. The VA adds about 1,000 new records to the database each day.
The American Battle Monuments Commission (www.abmc.gov ) provides information on service members buried in overseas cemeteries. If you cannot locate the person you are searching for, provide the following information on each individual:
· Full name, including any alternate spellings
· Date and place of birth
· Date and place of death
· State from which the individual entered active duty
· Military service branch
Most requests take approximately four weeks for a reply. Be sure to include your return mailing address, phone number or Internet e-mail address with your request and send it to: U.S. Department of Veterans Affairs, National Cemetery Administration (41C1), Burial Location Request, 810 Vermont Ave., NW, Washington, DC 20420. [Source: Federal Computer week Alice Lipowicz article 19 Oct 09 ++]
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BOARD OF VETERANS' APPEALS Update 01: Secretary of Veterans Affairs Eric K. Shinseki announced the addition of four new Veterans Law Judges to the Board of Veterans' Appeals (BVA), which will enable the board to increase the number of cases being decided. “Veterans have earned the right to prompt, exhaustive and professional review of their claims for benefits,” Secretary Shinseki said. “This expansion of BVA will enable Veterans to receive more expeditious decisions on their appeals.” BVA is an appeals body to which Veterans, their dependents or their survivors can go when they are not satisfied with decisions about claims for benefits administered by the Department of Veterans Affairs (VA). BVA reviews decisions on benefit claims made by local VA offices and issues decisions on appeals. The board currently has 60 Veterans Law Judges. These law judges are attorneys experienced in Veterans law and in reviewing benefit claims. They are the only ones who can issue BVA decisions. Staff attorneys, also trained in Veterans law, review the facts of each appeal and assist the board members.
In fiscal year 2008, the board decided 43,757 appeals and handled 48,804 cases in fiscal year 2009. Most of the cases involve claims for disability compensation and pensions. “We must foster a responsive approach when we consider Veterans,” Shinseki said. “Reducing the backlog of benefits decisions and waiting times are essential to providing our Veterans and their families with the service they deserve.” VA provides a pamphlet entitled, How Do I Appeal, to anyone who is not satisfied with the results of a benefits claim that was decided by a VA regional office, medical center or another local VA office. The pamphlet explains the steps involved in filing an appeal. For more information about BVA or to download a copy of VA Pamphlet 01-02-02A, April 2002 refer to www.va.gov/vbs/bva. [Source: VA Press release 21 Oct 09 ++]
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WE CARE FOR VETERANS PROGRAM: Homewatch CareGivers is offering up to 20 hours of free in-home care to a disabled or injured U.S. military veteran in honor of their service and sacrifice through the We Care for Veterans Program. They feel the best way to pitch in and show their support is by providing their services to those who have sacrificed so much for our nation. If eligible sign up at 1-800-777-9770 or contact your area location to apply. You can find a list of nationwide locations by entering your zip code at www.homewatchcaregivers.com/Blog.aspx# . Promotion Rules are:
· The offering is available only in participating Homewatch CareGivers locations.
· The promotion is available to one Disabled U.S. Military Veteran per participating location, issued on a first come, first serve basis.
· Applicants must live within the service area of a participating Homewatch CareGivers location.
· Care can be purposed for any use that falls within the parameters of Homewatch CareGivers existing service offering.
· The 20 hours of free care can be used in increments determined by the Homewatch location.
· Applicants must be signed up for the We Care for Veterans promotion by November 30th.
Homewatch CareGivers gives back to the community through its Veterans Outreach Program, which provides guidance and education about the Aid and Attendance Benefit to veterans as well as surviving spouses. Homewatch CareGivers make every effort to put potential claimants together with service offices from groups like Legion and Purple Heart who will represent the claimant before the VA for no charge. Contact your area location for more information. [Source: www.homewatchcaregivers.com 21 Oct 09 ++]
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HUGO SALUTES OUR VETERANS: A national program will provide 25,000 canes at no charge to veterans of the United States Armed Forces in need of mobility assistance to honor them for their incredible contributions to our country. The program "Hugo Salutes Our Veterans" will be launched Veterans Day, 11 NOV 09 and will provide Hugo Folding Canes at all Sam's Club locations nationwide, while supplies last. Sam's Club Membership is not required. Proof of U.S. military service may be required in order to be eligible. AMG Medical Inc., headquartered in Alpharetta, Georgia, first launched the Veterans program in 2007, giving away 5,000 canes. The program was to honor the parents and relatives of its employees who served in the U.S. military and to give back to those who graciously gave so much to America. This year, with the backing of Sam's Club, Procter and Gamble, Novartis, Wyeth, Johnson & Johnson, US Nutrition, First Quality, Schiff Nutrition and AMG Medical, the program has been greatly expanded.
The Hugo Folding Cane to be given out on Veterans Day, which retails for about $29.99, is a beautiful metallic blue with an ergonomic comfort grip handle, appropriate for both left and right handed users. Sturdy, functional and stylish, it has multiple height settings to comfortably meet the needs of most people. The Hugo Cane easily unfolds and locks into position for use. To store, the cane conveniently folds into four sections and also includes a handle safety strap for extra confidence. The cane can be viewed at www.hugosalutes.com.
Philip delBuey, Global President of AMG Medical Inc., said, "The Veterans have helped to secure the prosperity that many of us now enjoy. Were it not for the selfless service of our Vets, companies such as ours would probably not exist. All of us at AMG Medical want to celebrate our success with those who directly or indirectly made it possible. Our company mission is all about helping people stay active and connected to family, friends and the community." Christopher Scheer, Public Affairs Supervisor at the Department of Veterans Affairs said, "The Hugo Salutes our Veterans Program which is of an incredibly generous scale, is indicative of the appreciation and respect for our Veterans that both private citizens and corporations have. We deeply appreciate AMG Medical, Sam's Club and all the sponsors who support our Veterans." For additional information about The Hugo Salutes Our Veterans program, refer to www.hugosalutes.com. [Source: VVA msg 20 Oct 09 ++]
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MEDICARE FRAUD Update 25: Solomon Nathaniel of Sterling Heights, Mich., pleaded guilty 19 OCT in U.S. District Court in Detroit to participating in a conspiracy to defraud the Medicare program. In his guilty plea today, Nathaniel, 51, a licensed physical therapist, admitted that he worked as a contract therapist for Suresh Chand, a co-conspirator who pleaded guilty to similar charges on 29 SEP 09. Chand owned and controlled several companies operating in the Detroit area that purported to provide physical and occupational therapy services to Medicare beneficiaries. Nathaniel admitted that he, Chand and others created fictitious therapy files appearing to document physical and occupational therapy services provided to Medicare beneficiaries, when in fact no such services had been provided. According to court documents, the fictitious services reflected in the files were billed to Medicare through sham Medicare providers controlled by Chand and other co-conspirators.
According to plea documents, Chand acknowledged that in order to create the fictitious therapy files, he and his co-conspirators paid cash kickbacks and other inducements to Medicare beneficiaries in exchange for the beneficiaries' Medicare numbers and signatures on documents falsely indicating that they had received physical or occupational therapy. Nathaniel admitted that:
· He was among the licensed physical or occupational therapists from whom Chand obtained signatures on fictitious "progress notes" and other documents falsely indicating that the therapists had provided services to the Medicare beneficiaries.
· During the course of the scheme, he signed approximately 1,250 fictitious physical therapy files indicating that he had provided physical therapy services to Medicare beneficiaries, when in fact he had not.
· Between approximately DEC 03 and JUL 06 he falsified physical therapy files that supported claims to the Medicare program totaling approximately $6,250,000. Medicare actually paid approximately $2,875,000 on those claims.
· During his participation in the scheme, he was aware that Medicare was being billed for services he falsely represented he had performed.
The case was brought as part of the Medicare Fraud Strike Force. Since their inception in MAR 07, Strike Force operations in four districts have resulted in indictments of 310 individuals who collectively have falsely
billed the Medicare program for more than $680 million. In addition, HHS' Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers. To learn more about the Health Care Fraud Prevention and Enforcement Action
Team (HEAT), refer to www.stopmedicarefraud.gov. [Source: Reuters PRNewswire-USNewswire article 19 Oct 09 ++]
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MEDICARE FRAUD Update 26: Eighteen defendants, most of them residing in the Los Angeles area, have been charged in five indictments for allegedly participating in Medicare fraud schemes that resulted in approximately $25 million in fraudulent bills to the Medicare program. Federal and state agents arrested five of the defendants on 21 OCT and seven others were taken into custody the prior week as the result of an investigation by the Medicare Fraud Strike Force that targeted fraudulent durable medical equipment (DME) providers. The cases involve DME company owners and marketers who are accused of engaging in a variety of schemes that defrauded the Medicare program through fraudulent bills which total approximately $25.5 million. The five charging documents outline criminal schemes involving the fraudulent ordering of power wheelchairs, orthotics (devices designed to assist with orthopedic problems) and hospital beds. In addition to the arrests, federal agents today executed search warrants at four locations in Los Angeles County.
Michael Martinez, 30, of Long Beach, Calif., and six other defendants were charged with conspiracy to commit health care fraud and for making false statements to the government. Martinez allegedly recruited relatives and individuals linked to the Santa Ana-based Brook Street Gang to act as straw owners for four fraudulent DME companies. The six other defendants -- Angel Michel, 36, of San Diego; Guadalupe Alcaraz, 30, of Corona, Calif.; Theresa Padilla, 23, of Moreno Valley, Calif.; Pedro Franco, 28, of Torrance, Calif.; Ricardo Navarro, 49, of Corona; and Martin Padilla, 42, of Moreno Valley -- allegedly each received approximately $5,000 from a Martinez associate to act as the nominal owners of the fraudulent DME companies. In this way, they could deceive Medicare by concealing the true identities of those who actually owned the companies. The indictment alleges that as part of the conspiracy, the fraudulent DME companies -- Mercy Medical Supplies Inc.; Chatsworth Medical Equipment Inc.; All Your Needs Healthcare Products Inc.; and Global Meridian Management Inc. -- submitted approximately $11.2 million in fraudulent Medicare claims for medically unnecessary power wheelchairs and orthotic devices. If convicted on all counts in the indictment, Martinez faces a maximum statutory penalty of 75 years in federal prison, and the other six defendants each face maximum sentences of 15 years in prison.
The owners of four DME companies and two of their employees were arrested on 15 OCT after being indicted for allegedly submitting more than $12 million in false claims to Medicare for power wheelchairs, orthotics and other medical equipment that the conspirators either did not supply, supplied to beneficiaries who did not need the equipment, or allegedly supplied to deceased beneficiaries. Christopher Iruke, 57, of Los Angeles, the owner of Pascon Medical Supply, and employee Darawn Vasquez, 25, of Inglewood, Calif., are alleged to have acquired fraudulent prescriptions and documents from individuals who recruited Medicare beneficiaries or were associated with fraudulent medical clinics. Iruke, Vasquez and Iruke's wife, Connie Ikpoh, 47, also of Los Angeles; as well as Jummal Joy Ibrahim, 54, of Las Vegas; and Asia Fowler, 38, of Pacoima, Calif.; who were the alleged owners of Horizon Medical Equipment and Supply Inc., Contempo Medical Equipment Inc., and Ladera Medical Equipment Inc., are alleged to have used the fraudulent prescriptions and documents Iruke and Vasquez acquired to submit approximately $12.1 million in false claims to Medicare. The indictment charges a sixth defendant, Aura Marroquin, 28, of Los Angeles, with participating in the scheme. If convicted on the charges alleged in the indictment, the six defendants face maximum possible sentences ranging from 50 years to 180 years in federal prison. A trial in this case has been scheduled for November 24. [Source: DOJ release to PR Newswire 21 Oct 09 ++]
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TRICARE FLU SHOTS: Tricare covers the following vaccines for the seasonal flu:
· Flu shot: an inactivated vaccine containing a killed virus and given with a needle. This form of the vaccine may be used in all age groups.
· Flu mist: nasal-spray flu vaccine made with live, weakened flu viruses. This form of the vaccine is limited for use in people who are between the ages of 2 and 49 years, and who are not pregnant at the time they receive the vaccination.
Tricare covers the Seasonal and H1N1 flu vaccines as long as the vaccine is obtained from a Tricare-authorized provider. Understand that pharmacists are not recognized by Tricare as authorized providers to administer immunizations. Certain people should get vaccinated each year because they are at high risk of serious flu-related complications or because they live with or care for high-risk persons. According to the Centers for Disease Control and Prevention (CDC), the following people should be vaccinated each year:
· All children aged six months to 18 years
· Adults aged 50 years and older
· Persons with underlying chronic medical conditions
· All women who are be pregnant during the influenza season
· Health care workers involved in direct patient care
· Child care and elderly care workers
· Persons at high risk of severe complications from influenza
The CDC has determined that the H1N1 virus is contagious and spreading from human to human. The vaccine is expected to be available in OCT/NOV 09 and beneficiaries are strongly encouraged to get vaccinated. To ensure Tricare Prime enrollees can receive the vaccine as quickly as possible, Tricare is suspending requirement for them to have a referral and authorization from their primary care manager allowing them to receive the H1N1 vaccine from any Tricare-authorized provider, including non-network providers. The requirement is suspended from 1 OCT 09 thru 30 APR 10. This will allow Tricare Prime enrollees to receive the H1N1 vaccine from any Tricare-authorized provider without being subject to point-of-service charges for visiting a non-network provider. Again, understand that pharmacists are not recognized by Tricare as authorized providers to administer immunizations. For more information about the seasonal and H1N1 flu and to learn about preventing the flu, refer to the Tricare Flu Resources Page www.tricare.mil/flu. [Source: Tricare Medical http://tricare.mil/mybenefit/home/Medical?
Covered Services 20 Oct 09 ++]
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TEXAS VETERAN LOTTERY: The Texas Lottery Commission on 9 NOV (two days before Veterans Day) will start selling the first scratch-off ticket dedicated to a cause other than public education. The Veterans Cash scratch-off ticket is predicted to pour $9 million a year into veterans' services when fully operational, and $5 million through the end of next August. The tickets will cost $2 each, with a top prize of $20,000. Officials said the lottery commission has printed more than 8.1 million of the scratch-offs, comparable to other $2 games. Sen. Leticia Van de Putte, D-San Antonio, and Rep. Chris Turner, D-Burleson, said 19 OCT the dedicated ticket, backed by veterans' groups and created under a new state law, was a tough sell. “I found out quickly that there's a reason we've had a lottery for nearly 20 years in Texas and no one has ever managed to pass a bill to create a dedicated game like this,” said Turner. The lawmakers said they assured colleagues that, based on the experience of other states with similar games dedicated to veterans, the new approach would not siphon money from education. Backers said they expect that people who normally may not play the lottery will buy the vet tickets, as well as others. Veterans groups plan a push to let their members know about the new game. John Miterko of the Vietnam Veterans of America called it “veterans helping veterans.” After the usual deduction for prizes and other costs, 23% of ticket proceeds will go to the Permanent Fund for Veterans' Assistance. The fund was created by the Legislature in 2007 to be funded by grants and gifts. The money will be used for such services as transportation to veterans' hospitals, counseling and housing for homeless veterans. [Source: Houston Chronicle Peggy Fikac article 19 OCT 09 ++]
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U.S. SAVINGS BONDS Update 04: The federal government is facing a lawsuit over billions in unclaimed bonds that date back to the patriotic fundraising efforts of World War II, leading to a showdown between states who say they should be given the money and a Treasury Department that claims ownership. World War II sparked an unprecedented bond buying campaign, spurred on by one of the largest advertising campaigns ever seen — a drive wrapped in dutiful pleas from celebrities, politicians and cartoon characters alike. Most American families bought at least one bond at the time and many never cashed them in — thanks in part to a 40-year maturity in the bonds. And those same "Series E" war bonds continued to be sold by the federal government until 1980. More than $16 billion worth of the bonds are unclaimed, either lost or forgotten about with the death of the original purchasers. The state attorneys general suing the Treasury Department charge that the federal government made no effort to find those people. They want the money given to the states, who have a legal system in place for finding the owners of unclaimed funds. "It's better for the millions of American who are the rightful owners to have it returned to the states, because the states will make a real effort to find them," said David Bishop, a partner at Kirby McInerney who is representing the states in the suit. "And if after searching for them they can't find them, the money can go to work in the communities where the bonds were purchased."
The Treasury Department counters that it indeed tries to find owners of the unclaimed bonds, and says it has a Web site (www.savingsbonds.gov/indiv/tools/tools_treasuryhunt.htm ) where people can simply type in their Social Security number to see if they have one. And it points out that the money is not just laying around somewhere. "One of the misunderstandings out there is that there is a lot of cash sitting somewhere in a drawer. Money from savings bonds was used to run the daily operating expenses of the government," said Joyce Harris, with the Bureau of the Public Debt. "These are obligations of the federal government, not the states. There is no pot of gold out there just waiting for someone to grab it." The Treasury also points out that most of the unclaimed bonds are far more recent than the original World War II era bonds. And overall, 99% of people claim their bonds. And those who don't cash them often choose to do so for tax reasons, or perhaps out of a sense of patriotism, Harris said. "Quite frankly, people are aware of the bonds," she said. "A majority, when you contact them, are aware of the bonds."
It's not like the states will get the money free of obligation, about $55 million in the case of Montana. The states would be obligated to pay bondholders no matter if it takes them decades or longer to show up. In the meantime, though, states usually earmark the interest earned on such unclaimed money for schools or other purposes. Steve Bullock, the attorney general for Montana, said states, not the federal government, have legally been granted the right to deal with unclaimed money. "First and foremost I think it is the right thing to do. I think it is money that should be with Montanans," Bullock said. "It's an important action to bring just to protect the state's interest. The complaint was first filed in Federal court in New Jersey in 2004 with New Jersey and North Carolina as the plaintiffs. Montana, Kentucky, Oklahoma and Missouri later joined the case. All states would benefit if the lawsuit is successful. The case will come down to constitutional arguments. Attorneys for the federal government are arguing the states don't have standing on what they see as a contract issue between the original purchasers and the Treasury Department. The states expect arguments in the case to be made later this year on a motion from the federal government to dismiss the case. [Source: Associated Press Writer Matt Gouras 18 Oct 09 ++]
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MILITARY HOLIDAY MAILING: The 2009 Christmas holiday mailing deadlines for APO/FPO mail is as indicated below:
Destination Zip Express 1st Class Priority PAL SAM Parcel Post
APO/FPO AE 090-092 18 Dec 11 Dec 11 Dec 04 Dec 27 Nov 13 Nov
APO/FPO AE 093 N/A 04 Dec 04 Dec 01 Dec 20 Nov 13 Nov
APO/FPO AE 094-098 18 Dec 11 Dec 11 Dec 04 Dec 27 Nov 13 Nov
APO/FPO AA 340 18 Dec 11 Dec 11 Dec 04 Dec 27 Nov 13 Nov
APO/FPO AP 962-966 18 Dec 11 Dec 11 Dec 04 Dec 27 Nov 13 Nov
EMMS: Express Mail Military Service is available to selected military post offices. Check with your local Post Office to determine if this service is available to your APO/FPO of address.
PAL: PAL is a service that provides air transportation for parcels on a space-available basis. It is available for Parcel Post items not exceeding 30 pounds in weight or 60 inches in length and girth combined. The applicable PAL fee must be paid in addition to the regular surface rate of postage for each addressed piece sent by PAL service.
SAM: SAM parcels are paid at Parcel Post postage rate of postage with maximum weight and size limits of 15 pounds and 60 inches in length and girth combined. SAM parcels are first transported domestically by surface and then to overseas destinations by air on a space-available basis.
[Source: Military Postal Service Agency http://hqdainet.army.mil/mpsa/xmas.htm 19 Oct 09 ++]
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DOD to VA TRANSITION Update 11: An innovative, far-sighted partnership between the Department of Veterans Affairs (VA) and the Department of Defense (DoD) will improve the health care system for Veterans and dramatically change the way health care is delivered to all Americans, according to Deputy Secretary of Veterans Affairs W. Scott Gould. "The future will see VA and DoD working even closer together," said Gould, "as we fulfill the President's requirement for a single Virtual Lifetime Electronic Record that will support Veterans from their day of induction to their day of interment." Gould spoke 15 OCT at the second annual DoD "Breakthrough Convention" devoted to improving business practices in the nation's largest government agency. Noting that VA's budget requirements are substantially affected by DoD's strategic decisions and operations, he reassured the audience that the President's proposed 2010 budget for VA addresses the issue and builds on increases Congress added to the Department's budget in the last two years. VA's 2010 budget request for $113 billion would fund increased education benefits for post-9/11 Veterans, health care for some Veterans who were previously ineligible, more mental health and cognitive-injury services -- especially in rural areas -- and upgraded technology for data transmission and records. Gould said the long-term solution for correcting procedural delays that affect Veterans is to redesign business processes and improve information technology. VA's new strategic plan, he said, is focused on Veterans, with whom VA has an ongoing -- sometimes, life-long -- relationship. Employees have a natural desire to achieve client satisfaction, but their ability to act on the desire can be diminished by poor systems, policies or lack of training, Gould said. VA's second-ranking executive credited Secretary of Veterans Affairs Eric K. Shinseki with providing the leadership to create an organizational culture of performance on behalf of Veterans. [Source: Stars and Stripes Tom Philpott article 17 Oct 09 ++]
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GI BILL Update 61: Veterans Affairs Secretary Eric Shinseki got a bipartisan hug from the House Veterans Affairs Committee on 14 OCT as lawmakers accepted his plan to fix Post-9/11 GI Bill payment delays, and blamed their own rush to enact the complex education benefit last year for some of the challenges VA now faces. Many veterans using new GI Bill benefits for fall classes had not received their monthly living allowance or lump sum book stipend by early October. In response, Shinseki authorized emergency payments of up to $3,000, supplied through VA’s 57 regional offices or by registering for the payment online. Within two days of the 2 OCT start of emergency payments, 25,000 students either had received checks or expected them soon by mail. A number of complications caused the payment delays, Shinseki explained. One factor was VA officials underestimated the number of claim processors they needed by the 3 AUG start date. Early estimates were based on processing time under the Montgomery GI Bill program, he said. But processing Montgomery GI Bill payments involves two to three steps and takes an average of 15 minutes versus nine steps and more than an hour to process a Post-9/11 GI Bill application, Shinseki explained. Unlike Montgomery GI Bill benefits, Post-9/11 payments vary by school location and other unique factors.
Though processors get an assist from computers, they review applications manually. By mid-November, Shinseki said, an upgrade should speed the process enough to clear the current backlog and avoid payment delays in the spring semester. Another factor is that some colleges have been slow in sending certificates of enrollment for students using the GI Bill to the VA. VA needs the certificates before reimbursing schools for tuition and fees or paying living allowances and book stipends directly to students. Shinseki said he liked an idea, raised by Rep. Steve Buyer (R-IN) ranking member on the committee, to modify the law so that future payments to students are handled separately from school reimbursements. Committee leaders exchanged congratulations with Shinseki on working together on a bill the president will sign this month that allows Congress, starting next year, to fund VA health care budgets a year in advance, thus ending annual funding delays for VA facilities tied to politics. More kind words were exchanged with Shinseki over his cooperation on a 2010 VA budget that surpasses last year’s budget by $14.5 billion, and will exceed for a third straight year the “Independent Budget” proposed annually for VA by major veterans’ service organizations. Both Rep. Bob Filner (D-CA) committee chairman, and Buyer praised Shinseki for integrity and candor in promptly revealing and addressing problems that have surfaced at VA since he took charge last February. “We think you’re doing a great job,” said Filner. “I know you were called a soldier’s soldier when you were in the Army. And now I’m calling you a veteran’s veteran.”
Shinseki listed the major challenges and mistakes of recent months in his opening statement. Besides a rough start launching the new GI Bill, they include a rising backlog of veterans’ benefit claims, lapses at several VA medical centers in disinfecting endoscopes and other reusable VA medical equipment; and a mailing to 1,800 veterans advising them erroneously that they had been diagnosed with ALS, or Lou Gehrig’s disease. As if encouraging Shinseki to remain as secretary despite the challenges, lawmaker after lawmaker said Congress must share the blame for GI Bill payment delays that generated plenty of phone calls and e-mails to their offices from student veterans in financial binds. “Congress should accept some of the blame for creating such a complex and difficult benefit to administer,” said Buyer. “I will acknowledge we created this challenge and the burden lies upon you to supervise and find a way to prevent the delays that are causing the financial difficulties.” “The great thing about a good organization is when you don’t get the assumptions right, you react,” Shinseki said, explaining that it took only a week for program officials to put the emergency payment plan together.
He praised Veterans’ Benefits Administration employees for working hard to implement the program as best they could with too small a staff and with computer technology that couldn’t be upgraded in a timely way. “We do have some problems. It’s not the VA’s fault. You guys have been working very, very hard,” said Rep. John Boozman, (R-AR). Rep. Vic Snyder (D-AR) recalled a conversation he had with Rep. Stephanie Herseth Sandlin, D-S.D., who chairs a subcommittee that oversees VA education benefits, on the House floor last year as the new GI Bill was passed. “She said to me, ‘It’s not ready yet. … We’ve got some technical issues that we need to work out. It’s going to cause problems when we try to implement it,’?” Snyder recalled. “Of course, in the legislative process, sometimes you have to go when it’s time to go and get the bill passed.” [Source: Stars & Stripes Tom Philpott article 17 Oct 09 ++]
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GI BILL Update 62: Representatives of the Department of Veterans Affairs (VA) will be telephoning Veterans across the country to explain their education benefits under the new Post-911 GI Bill and ensure beneficiaries are able to receive payments due them. "The Post-9/11 GI Bill is one of our highest priorities," said Secretary of Veterans Affairs Eric K. Shinseki. "Instead of making people wait to hear from us, we're reaching out to Veterans, so they can get the money they need to stay in school." The Department is conducting this telephone outreach in response to the large numbers of Veterans who have applied for education benefits for the fall 2009 semester. The calls are scheduled to go to Veterans who have applied for benefits under the new educational assistance program. Those who registered for advanced payments will be called, too, in ensure they received their benefits. To protect the personal identity of Veterans, VA representatives making calls will not ask for any personal information, such as birthdates, bank account or social security numbers, but they may ask family members for information to contact Veterans who are away at school. "Our procedures and policies to provide advanced payments remain in effect," Shinseki said. "Meanwhile, we're completing the on-time development of our automated processing system that will ensure timely delivery of checks in the future." [VA News Release 19 Oct 09 ++]
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GI BILL Update 63: On 28 OCT the Department of Veterans Affairs (VA) issued a solicitation for temporary contractor support to assist in processing the increased volume of education claims received since implementing the new Post-9/11 GI Bill. "This contract will assist VA in delivering education benefits to our Veterans as quickly as possible," said Under Secretary for Benefits Patrick W. Dunne. "Veterans are depending on VA to provide the benefits they earned through their service to our nation. We will do everything in our power to minimize delays for our Veteran-students." The Post-9/11 GI Bill, which went into effect on 1 AUG has generated an unprecedented number of new applications. When combined with the standard high volume of school enrollment claims in August and September (normally, the busiest months for education claims), the number of claims has exceeded anticipated levels. The contractor will provide its own work site and personnel to perform claims processing tasks. Contract staff will validate enrollment information provided by schools and provide recommendations on claim status to VA personnel, who will finalize claims decisions and generate payments (if applicable). All work will be reviewed and authorized by VA personnel. VA will provide training on security and claims processing procedures. The contract personnel will assist in handling the least complex cases, which allows for rapid implementation of this initiative. Information about the Post-9/11 GI Bill, as well as VA's other educational benefit programs, is available at VA's Web site www.gibill.va.gov or by calling 1-888-442-4551. [Source: VA News Release 21 OCT 09 ++]
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DATA BREACH BLUE CROSS/SHIELD: A computer belonging to an employee of the Blue Cross Blue Shield Association got filched from a vandalized car in August, the Chicago Tribune reports. On the laptop: personal info on hundreds of thousands of doctors and their practices, including, in some cases, such details as Social Security numbers and ID numbers used by insurers to pay docs. Nearly all practicing docs in the country, or about 800,000, have been warned about the breach. A spokesman for the insurance group told the Tribune the info shouldn't have been transferred to the employee's personal computer and wouldn't say what happened to the worker. So far, there haven't been any reports of identity theft or fraud as a result of the theft. Still, the association is offering credit monitoring services to people whose Social Security numbers were exposed. Unfortunately, this is just the latest instance of a wayward PC potentially compromising confidential data. A laptop stolen from the trunk of an National Institutes of Health scientist's car last year carried confidential information on 2,500 patients in a clinical study. And earlier this year, another laptop theft put at risk confidential information for than 14,000 patients of Moses Cone Health System in North Carolina. [Source: NPR Health Blog Scott Hensley article 15 Oct 09 ++]
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MANILA VARO & OPC: The VA Regional Office (VARO) & Outpatient Clinic (OPC), Manila is the only VA activity located in a foreign country. A VA office has been in operation in the Philippines continuously since the U.S. Veterans Bureau was opened in 1922 (except during the Japanese occupation of WW II), and it is an integral part of the United States mission to the Republic of the Philippines. The VARO is located within the U.S. Embassy Compound at 1131 Roxas Blvd., Ermita, 0930 Manila, PI 96440 Tel: 632-528-2500 or Fax: 632-523-1224. Callers within the Philippines but outside of Manila can use 1-800-1-888-5252 without any long distance charges. It is currently staffed by 8 Americans and 137 Filipinos. The Regional Office administers compensation, pension, Vocational Rehabilitation and Employment and education benefits to 18,600 beneficiaries. Monthly disbursement is approximately $17.5 million to 16,600 beneficiaries. VA also administers the U.S. Social Security Administration (SSA) in the Philippines. About $8 million is disbursed monthly to 18,400 SSA beneficiaries. Effective 2 JAN 09 the Department of Veterans Affair Manila Regional Office (VA) implemented an appointment system for all visitors to their public contact section. They will no longer entertain walk-in visitors; all visitors will be required to have an appointment before they are admitted to the Embassy.
The VA OPC, Manila is a part of the VA Sierra Pacific Network (VISN 21), which also includes facilities throughout the Pacific Islands, northern California, and northern Nevada. The VA OPC, Manila consists of a stand alone ambulatory care leased facility, which is located about 2 miles south of the U.S. Embassy, where the VARO is located. The OPC offers health care services to eligible persons throughout the Philippines. The OPC provides ambulatory care to service-connected U.S. military veterans for their service-connected and non service-connected disabilities and conducts compensation and pension examinations for eligibility purposes. The criteria for care in the Philippines are different than what a veteran may receive in the United States. Veterans residing in the Philippines, veterans planning to travel to the Philippines, and VA Health Care providers should contact the Clinic Manager concerning specific eligibility criteria. Health care services are provided at the OPC by primary care staff physicians utilizing the primary care concept and by contracted specialist consultants. Most specialties are available in house or by contract Outpatient services which include general medicine; internal medicine with subspecialties in cardiology, pulmonary, renal and nephrology; psychiatry and mental health; neurology; dermatology; ENT; audiology; and orthopedics. Ancillary services include nursing, radiology, social work, pharmacy, laboratory, prosthetics and a number of other professional and support services. Inpatient care and fee basis services are limited to treatment of service-connected conditions. The OPC is located at 2201 Roxas Blvd., Pasay City, PI 1300 Tel: 632-833-4566 or Fax 632-831-4454. Callers outside Manila but within the Philippines can reach the OPC via 1-800-1-888-8782. It is staffed by 2 Americans and 82 Filipinos.
All e-mail inquiries for the Manila VA Regional Office and the Manila VA Clinic can be sent via VA's main inquiry website at: https://iris.va.gov. Use the “Ask a Question” section to ask questions or submit compliments, and suggestions. It provides answers to 368 frequently asked questions. If the information you are seeking is not there you have the option of filling out an IRIS Customer Entry form which contains a section for you to type in your question. All inquiries should be responded to within five business days. If you are experiencing a medical emergency or in need of immediate crisis counseling, go to your nearest medical facility Emergency Room or call 911. This web site is not intended to provide medical diagnosis or emergency care. [Source: http://www2.va.gov/directory/guide/facility.asp?ID=682 Sep 09 ++] Note: Corrected phone number for calling the VARO from outside Manila.
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UTAH PROPERTY TAX INTERPRETATION: Thousands of disabled military veterans are being asked to prove their U.S. citizenship to qualify for a property-tax break in Salt Lake County UT, a side effect of a new stricter state immigration law that is generating criticism. According to the county, disabled veterans aren't exempt from the law passed earlier this year by the Utah Legislature that requires governments to verify that those receiving a "public benefit" are living in the country legally. The treasurer's office has sent notices to more than 3,500 wounded or ill veterans requiring them to attest to their citizenship or provide paperwork proving their legal status to qualify for the tax break. County Treasurer Larry Richardson argues he simply followed the law. The district attorney's office advised him that property-tax relief — even for disabled vets — is a public benefit. "It was clear that those receiving benefits needed to prove residency," District Attorney Lohra Miller said. "As ridiculous as the result might be, that was the intent. It was not ambiguous."
Terry Schow, executive director of the Utah Department of Veteran Affairs, said he knows of no other Utah counties taking such an approach to the new law. Rep. Mike Noel, R-Kanab, calls it a gross misinterpretation of the law, which he co-sponsored. The intent, he says, was to ensure that undocumented immigrants aren't accessing public benefits such as food stamps, not to pile paperwork on veterans. "That is absolutely appalling," Noel said. "What in the world were they thinking?" But the trouble, county officials say, is the law leaves room for interpretation. County Council Chairman Joe Hatch characterized the $3,300 mass mailing as an "enormous waste of government dollars" that placed an undue burden on veterans. So far, officials have found no disabled vets in the county who are in the U.S. unlawfully. The military doesn't recruit people who aren't citizens or legal residents. [Source: ArmyTimes AP article 17 Oct 09 ++]
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FPO MAIL DELIVERY POLICY Update 01: The flow of mail - including prescription drugs sent through the Tricare Mail-Order Pharmacy program - is about to slam to a halt for about 4,800 military retirees and their survivors living overseas who use APO and FPO addresses at U.S. embassies and consulates. Neither State Department nor Defense Department officials would confirm a date when mail will stop, but other sources said the effective date at the moment is 31 DEC. The change will not affect others with APO or FPO mail privileges on overseas military installations, including about 20,000 military retirees who have such addresses because of some other connection to the military community - having a Defense Department civilian job, or being married to an active-duty member assigned overseas, for example. Nor will it affect Defense Department personnel, both military and civilian officially assigned to embassies and consulates.
The change will limit affected retirees to using foreign mail systems that in some parts of the world can be slow, unreliable or expensive. "Eliminating embassy mail privileges for American military retirees overseas was a poor decision on a number of levels," said Joe Davis, a spokesman for Veterans of Foreign Wars. "Not only will the U.S. government have to pay higher postage rates, they will no longer be able to guarantee delivery once it enters a foreign postal system." Some retirees who have received APO/FPO mail through embassies and consulates are particularly concerned about the effect on Tricare Mail-Order Pharmacy prescriptions. "Congress needs to get involved immediately," Davis said. Tricare will continue to process prescriptions through 1 DEC to allow time for delivery before the mail service ends, said spokeswoman Bonnie Powell. Tricare will begin sending out letters to affected retirees in the next few weeks to let them know of the change and their prescription options, she said.
The core issue is a change in mail delivery responsibility for embassies and consulates, said a government official who spoke on the condition of anonymity. For about two years, officials from the State Department and Pentagon have been working to shift mail delivery to State Department facilities overseas from the traditional APO/FPO addresses to a new designation to be known as DPO, for Diplomatic Post Offices. Under the current system, the Defense Department covers the cost of getting APO/FPO mail from the U.S. port of embarkation to overseas locations, which is the most expensive part of the process. The State Department covers similar costs for diplomatic mail. The sender - whether Tricare, the Defense Finance and Accounting Service, the Veterans Affairs Department, or a relative or friend of a retiree - pays only regular domestic rates to get the mail to the postal facility at the U.S. port of embarkation where APO/FPO mail is processed for overseas delivery. As part of the initiative to separate State Department and military mail, State has said it cannot be responsible for the costs of mail going to military retirees at embassies and consulates. Although no firm cost estimates are available, sources said the cost is considerable. State Department retirees living in overseas areas have never been authorized to receive APO/FPO mail, nor will they be authorized to receive DPO mail, the source said.
Complicating the issue further, the Defense Department, by law, cannot pay the State Department for delivery of military retiree mail, the source said. Defense and service officials reportedly are considering whether to pursue legislation that would allow the Defense Department to pay for military retiree mail to embassies and consulates, but cost is part of that decision. The source said there has been "significant emotional discussion" about the fact that if retirees and their survivors are not notified in time to make alternate plans for getting their medications through Tricare, their health and even lives could be in jeopardy. The source said this only applies to post offices that will be converted to DPOs, and they will not be converted before this issue has been resolved.
The largest number of affected retirees are in Panama. Retired Air Force Master Sgt. Jose Claudio, commander of the Latin America/Caribbean chapter of the VFW, said about 900 military retirees are registered with the U.S. Consulate in Panama for mail purposes. "It's a mess for a lot of people living in Panama, especially the widows," Claudio said. "This will have a big impact on the veterans, widows and children," said retired Air Force Chief Master Sgt. Floyd Skoubo, who handles Tricare issues for the VFW in Panama. Many retirees also get Social Security, military retirement and disability benefit checks through embassy and consulate post offices, Skoubo said. Using local foreign mail, those checks would become lucrative targets for theft, he said. In addition, he said, veterans living abroad must also file U.S. tax returns, and mail in their payments for taxes. "These could also be lost in local postal offices and mail forwarders," he said. [Source: ArmyTimes Karen Jowers article 17 Oct 09 ++]
Editors Note: Conversion of existing State Department Embassy and Consulate mail handling facilities to Diplomatic Post Offices (DPO) is indicated as the criteria under which retirees will lose FPO service. In this era of tightening budgets the state Department obviously wants to reduce their mail handling expense. In the Philippines we have our own FPO zip (96517) funded by DoD whereas the Embassy uses a DPO zip 96515 for their mail. Because of this the State Department is not directly involved with handling or issuing retiree mail nor would they be as long as the zip 96517 remains active. Word from the Philippine FPO Postal Officer is that this change does not affect us at this time as he has not been told to close zip 96517. He has been recording volume data for our location and reporting it to D.C. in recent months. Bottom line it is not anticipated we will lose our service in the Philippines. Official word has been promulgated to retirees in Portugal that their FPO service will terminated 31 DEC 09.
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SBP DIC OFFSET Update 20: The President has requested authorization for a one time stimulus payment of $250 to seniors in lieu of Social Security COLA. The National Association of Uniformed Services (NAUS) and many others consider this proposal to be a bribe. A “cash for clunker seniors” is another limited-benefit waste of taxpayer money. Consider the arithmetic: $250 divided by 365 days per year is $0.69 per day. That might buy a plain cup of coffee! Assuming the average Social Security Payment is $1000 per month that $250 represents 2.1% of the annual total of $12,000. Approximately 57 million seniors and disabled veterans would qualify for this payment. That $250 for 57 million people represents an outlay of $14 billion. Where is that money coming from? A more appropriate use of the $14 billion should be considered. One such use is correcting the injustice to our veterans and widows on SBP and CRDP. Included in the initial 2010 National Defense Authorization Act (NDAA) but rejected because offsetting funds could not be located were:
· SBP/DIC Widows – Eligible widows were again excluded from the benefit their spouses had paid for. They suffer loss SBP due to offset by VA DIC. 61,000 widow’s SBP benefit offset by $1000 per month DIC comes to $732 Million annually ... that $14 Billion would restore SBP+DIC for 19 years.
· Full Restoration of Concurrent Receipt -- 500,000 disabled military retirees were again excluded from restoration of their retired pay as offset by VA disability compensation because they have less than 50% service connected disability or were retired for medical disability with less than 20 years of service. Full restoration of concurrent disability retirement pay to this group is $1.3 billion per year … that $14 Billion would carry that program for 10 years.
· Alternatively, $14 billion would carry the combination of SBP/DIC and Full Concurrent Receipt for 7 years!
Thus, looking at these numbers, the Congress and the Administration have again deprived our veterans and widows from their earned and purchased benefits ... we could have restored both SBC/DIC widows and the 500,000 disabled military retirees with that $14 billion that President Obama wants to squander. If Congress could not find funds for our disabled veterans and their widows, where are they going to find funds for the President’s proposal? NAUS has provided an Action Alert preformatted editable message for you to let your legislators know how you feel on this issue. Anyone wanting to contact their legislators and send them a message can go to http://capwiz.com/usdr/issues/alert/?alertid=14192481&queueid=[capwiz:queue_id] to review or edit it accordingly and forward it to their legislators. [Source: NAUS Action Alert 17 Oct 09 ++]
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TRICARE OVERSEAS PROGRAM Update 02: International SOS Assistance, Inc., Trevose, Pa., has been selected by Tricare Management Activity (TMA) as the contractor for the Tricare Overseas Program (TOP) in locations outside the 50 United States and the District of Columbia. International SOS Assistance will provide Department of Defense (DoD) beneficiaries with comprehensive health care support services for operating an integrated health care delivery system, incorporating positive changes for beneficiary satisfaction. The total potential contract value, including the transition/base period with five one-year option periods is estimated at $269,052,427 plus the actual cost of health care. The TOP contract will lead to more comprehensive, patient centered and customer-focused service for nearly half a million beneficiaries overseas. “In addition to preserving the host nation relationships that have supported and served us so well, the new overseas contract establishes host nation provider networks with military treatment facilities at their center.” said Ellen Embrey, who is the acting director of TMA and also performing the duties of the Assistant Secretary of Defense (Health Affairs). “Tricare is keeping the best of the present system by continuing to offer top quality health care coverage in MTF and remote locations to active duty service members and their command-sponsored family members, as well as other Tricare Prime-eligible beneficiaries living overseas,” Embrey said.
The Tricare contract consolidates several current overseas contracts, including those for overseas enrollment, Tricare Service Center operations, Tricare Global Remote Overseas, Tricare Puerto Rico and overseas claims processing. There are no significant changes for retirees under TOP. Retirees are still eligible for Tricare Standard. Retirees will be able to contact the call center to get a list of providers that accept Tricare, or to get information on their Standard benefits. Rear Adm. Christine Hunter, deputy director, Tricare Management Activity said, “A government transition management team is in place and functioning already. The team will oversee all contractor start-up tasks and ensure a smooth transition. We look forward to working in partnership with military leaders and International SOS Assistance to provide this more comprehensive level of service to our nearly half million beneficiaries overseas.” A ten-month transition period will ensure outstanding customer service remains in place. Health care delivery under TOP is scheduled to begin 31 AUG 10. Some Tricare Service Center and call center numbers will likely change, but new numbers will be made available during the transition. The Tricare Overseas Program contractor will maintain call centers available 24/7 with extensive translation capability. For more information and to stay up-to-date on the Tricare Overseas Program go to http://www.tricare.mil/TOPcontract. [Source: Tricare Press release 09-64 dtd 16 Oct 09 ++]
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VA LAWSUIT - LEISHMANIASIS: The family of an Army veteran who claims the government failed to diagnose an illness that spread to his wife and two children lost the case 15 OCT at a federal appeals court, ending five years of litigation. The 6th U.S. Circuit Court of Appeals said there is insufficient evidence that doctors at the Department of Veterans Affairs should have known that Arvid Brown Jr. had symptoms of the parasitic disease leishmaniasis after serving in Saudi Arabia in 1991. Because of that, the three-judge panel said, the VA cannot be held liable for failing to warn that the disease might spread to Brown’s family. Its decision affirmed a 2008 ruling by a federal judge in Detroit. The court “just continues the pervasive and ongoing effort of the Department of Veterans Affairs to ignore those who have been injured in the first Gulf War,” said the family’s attorney, Robert Walsh. A VA representative did not immediately return a message seeking comment. Leishmaniasis (pronounced LEASH’-ma-NYE’-a-sis) is spread by the bite of infected sand flies. Symptoms include weight loss, fever and an enlarged liver. For seven years, Brown, a Swartz Creek resident, received medical care from the VA for various problems but blood tests were negative for leishmaniasis. Private tests, however, revealed a different result. Brown’s wife, Janyce, and two children were plaintiffs in a lawsuit that sought millions of dollars. It said leishmaniasis was passed to Brown’s wife through sexual contact and then again to the children before their birth. During the litigation, Janyce Brown died of liver cancer in 2005, although there was no definite link to leishmaniasis. [Source: AP writer Ed White article 15 Oct 09 ++]
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SSA PROJECTIONS Update 01: The lack of a COLA for 2010 triggers several provisions in law. Among them, the amount of wages subject to Social Security payroll taxes will remain unchanged. The first $106,800 of a worker's earned income is currently subject to the tax. Also Medicare Part B premiums for the vast majority of Social Security recipients will remain frozen at 2009 levels, thanks to a “hold harmless” provision in the law. Those not covered, some 11 million Americans, are newly enrolled in Medicare, do not have their Part B premiums withheld from their Social Security checks or pay a higher Part B premium based on their higher income (over $85,000 for singles, $170,000 for couples). Also, premiums for the Medicare prescription drug program, known as Part D, will increase.” In late SEP, the House passed H.R.3631, the “Medicare Premium Fairness Act,” which would eliminate the scheduled monthly premium increases for everyone on Social Security Part B next year including the two groups noted. The Senate has yet to take action on the bill. [Source: NAUS Weekly Update 16 Oct 09 ++]
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USCG/NOAA PERSONNEL LOCATOR: If you are searching for a Coast Guard/NOAA retired individual, place your personal correspondence to that individual in a sealed envelope, making sure to include how they can get in touch with you. On the outside of that envelope, address it to them with their full name and rank/rate (for military). Write your return address and attach a stamp on the envelope. Then, place that envelope in a larger envelope and address it to: Commanding Officer (RAS), USCG Pay & Personnel Center, 444 SE Quincy Street, Topeka, KS 66683-3591.Retiree & Annuitant Services (RAS) will complete the person’s address and place it in the mail. [Source: USCG/NOAA Retiree Newsletter Oct-Dec 09 ++]
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DISABLED RETIREE BACK TAX Update 02: If you retired from the USCG or NOAA based on years of service and are later given a retroactive service connected disability rating by the VA, your retirement pay for the retroactive period is excluded from taxable income up to the amount of VA disability benefits that you would have been entitled to receive. The form 1099R reports the entire distribution because the income, when paid, was taxable under the law. A corrected form 1099R which could support the decrease in taxable income will not be issued by the PPC (Pay and Personnel Center). This policy is contained in the DOD Financial Management Regulations, VOL 7B and also is stated in the IRS instructions for form 1099R, which directs that the entire income distribution will be reported if a part is taxable and a part is not taxable. When preparing your 1040A/1040 you should provide copies of the Form 1099R and the VA Award Letter to claim a refund of taxes paid on the excludable amount. You may also claim a refund of any taxes paid on an excludable amount in previous years by filing an amended return on Form 1040X, subject to Statute of Limitations. If in doubt on how to proceed consult a tax preparer for assistance. [Source: USCG/NOAA Retiree Newsletter Oct-Dec 09 ++]
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LONG TERM CARE FLTCIP Update 05: Republicans and Democrats found common ground 14 OCT blasting premium increases in the Federal Long-Term Care Insurance Program (FLTCIP). "If seniors are ripped off, they're not interested in politics. ...They're interested in results," said Sen. Ron Wyden (D-OR) during a joint hearing of the Senate Special Committee on Aging and a Senate Homeland Security and Governmental Affairs subcommittee on the federal workforce. In May 09, the Office of Personnel Management announced that a new seven-year contract with John Hancock Life and Health Insurance Co. for long-term care insurance would result in premium hikes of up to 25% for certain enrollees with the automatic compound inflation option -- even though many of those policyholders thought they had locked in a permanent rate. Some senators suggested that the government and John Hancock should work to ensure policyholders don't pay the increase. "This is a typical example of the large print giveth, and the small print taketh away," said Sen. George LeMieux (R-FL) "If we got it wrong in the government, it's not [policyholders'] fault. They shouldn't have to pay it." Sen. Roland Burris (D-IL) proposed legislation to ensure that current enrollees are grandfathered in to the new policy without a rate increase. He asked that the legislation be added as an amendment to a bill (S.1177) from Sen. Herb Kohl (D-WI), to increase oversight of long-term care programs.
John Hancock and OPM officials acknowledged that promotional materials advertising the automatic compound inflation option as way to guard against future rate hikes were misleading because they didn't explain that an increase was possible with a new contract. "I do think that it caused a lot of confusion, and I do regret that," said Marianne Harrison, president and general manager of long-term care insurance for John Hancock. "It wasn't up to our standards," said Daniel Green, deputy associate director for employee and family support policy at OPM. But Sen. Susan Collins (R-ME) accused Harrison of continuing to provide misleading information by stating in testimony that policyholders could avoid the rate increase without a cut in current benefits, by agreeing to coverage that includes 4% annual benefit increases instead of 5%. A difference of 1 percentage point might seem small, but over the long term it could add up to a significant loss of benefits, Collins noted. "I think that is extraordinarily misleading," she said. Green and Harrison said the premium increase was necessary because of changes in the economy and increased costs of care. "We believe it would be irresponsible not to increase premiums at this time," Green said.
National Active and Retired Federal Employees Association (NARFE) President Margaret L. Baptiste testified that the increase could have been mitigated had earlier warning signs been heeded. "Lower-than-expected lapsed rates, which increase the number of individuals likely to submit claims, and low interest rates, which reduce the expected return on investments, were already an industry problem in 2003, according to the nonpartisan Government Accountability Office," Baptiste said. "We have to ask: 'when did these shortfalls become apparent in the FLTCIP' and 'when did Long Term Care Partners [the program's third party administrator] and the Office of Personnel Management (OPM) consider whether rates should be adjusted in response?'" Baptiste testified that Congress must take steps to restore confidence in the program. "It is our understanding that fewer insurance carriers competed for the FLTCIP contract this year. Many of us are concerned that the downturn in the industry and further consolidation could make matters worse in 2016 when the contract is re-bid. Consolidation means there is less competitive pressure on carriers to offer the best possible product. For that reason, now may be the time for Congress to consider whether the FLTCIP should self-insure," she remarked.
Also testifying during the hearing was Chester Joy, a former Government Accountability Office employee who paid $60,000 in premiums since enrolling in the program in 2002 , believing that the rate had been locked in. "What's really galling to me is that, as current and former federal employees, what tipped the balance in favor of this program was that OPM was behind it," said Joy, adding that had he known all of the details of the plan, he likely wouldn't have signed up for it. "We could trust them." At Kohl's request, Green said he would consider giving enrollees more time to consider their options under the new contract and to change their benefits to avoid a rate hike. The current deadline for making a decision is 14 DEC, and employees who do not make an election will remain at their current coverage level and be charged any accompanying premium increases in JAN 2010. Harrison said there was a "silent grace period" for enrollees to make changes after the deadline, although she didn't say how long this period was. Collins and Sen. Bob Corker (R-TN) both chided OPM Director John Berry for not appearing at the hearing, which was well-attended both by the public and by legislators. [Source: GOVExec.com Alex M. Parker article 14 Oct 09 ++]
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VA HEALTH CARE BILLING: On 15 OCT, the Subcommittee on Health of the House Committee on Veterans Affairs (HVAC) held an oversight hearing on Department of Veterans Affairs’ (VA) billing practices to identify why, in certain instances, it is inappropriately billing veterans for health care. VA is authorized to collect reasonable charges from veterans’ health insurance companies to offset the cost of treatment for non service-connected conditions. However, the Subcommittee has been informed by veterans’ service organizations that VA is billing veterans and their insurers for care provided for conditions directly related to the service-connected disabilities. Subcommittee Ranking Member Henry Brown, Jr. (R-SC) expressed concern that service-connected veterans are being saddled with inappropriate bills, and sought to find out what steps VA has taken to address the issue and ensure no further occurrences take place. “It is the solemn mission of VA and the federal government to care for the men and women in uniform who sustain injuries and illnesses as a result of their service to our nation,” Brown said. “Therefore, I find it deeply troubling to hear about veterans being inappropriately billed for copayments for medical care and medications to treat service-connected conditions. It is unacceptable for VA not to have and put in force policies and procedures to ensure that veterans are not frustrated and burdened by receiving inappropriate and multiple billing statements.” [Source: TREA Washington Update 16 Oct 09 ++]
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STATE of the VA: VA Secretary Eric Shinseki delivered his "State of the VA" address 14 OCT to the House Veterans' Affairs Committee (HVAC). He addressed three major areas of concern: the disability claims backlog, accessibility to VA health care, and solving the homeless veteran issue. The testimony was a nine-month progress report since his previous appearance before the HVAC in Feb 09. It addressed where the VA was in pursuing the President's two goals for the VA. Namely, transforming VA into a 21st-Century organization and ensuring that the VA provides timely access to benefits and high quality care to our veterans over their lifetimes, from the day they first take their oaths of allegiance, until the day they are laid to rest. The complete text of Shinseki's written statement can be found at http://veterans.house.gov/hearings/hearing.aspx?newsid=472. It is also included as an attachment to this RAO Bulletin. [Source: VA News Release 14 OCT -09 ++]
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SSA COLA 2010 Update 02: President Barack Obama called on Congress 14 OCT to approve $250 payments to more than 50 million seniors to make up for no increase in Social Security next year. The Social Security Administration is scheduled to announce that there will be no cost of living increase next year. By law, increases are pegged to inflation, which has been negative this year. It would mark the first year without an increase in Social Security payments since automatic adjustments were adopted in 1975. Obama's proposal is similar to several bills in Congress. The $250 payments would also go to those receiving veterans’ benefits, disability benefits, railroad retirees and retired public employees who don't receive Social Security. The plan would apply only to citizens living in the United States, Puerto Rico or Guam. An estimated 2 million veterans would be eligible for the payments, not including those among the 49 million Social Security beneficiaries who could receive checks. Recipients would be limited to one payment, even if they qualified for more. The White House put the cost at $13 billion. Obama said he would not allow the payments to come out of the Social Security trust funds, further eroding the finances of the retirement program. Social Security already is projected to pay out more in benefits than it collects in taxes in each of the next two years. However, Obama did not offer any alternatives to finance the payments. A senior administration official said Obama was open to borrowing the money, increasing the federal budget deficit. The official, who requested anonymity, was not authorized to speak on the record.
The $250 payments would match the ones issued to seniors earlier this year as part of the massive economic recovery package enacted in February. Several key members of Congress have said they are open to providing relief to seniors to make up for no increase in Social Security payments. "We're looking at a way to address it," said Sen. Max Baucus (D-MT), chairman of the Senate Finance Committee, which oversees Social Security. "I'm not sure what the exact answer is yet, but we're looking at ways to address that." Senate Majority Leader Harry Reid (D-NV) said he supports the $250 payments, as did Rep. Charles Rangel (D-NY), chairman of the Ways and Means Committee, which has jurisdiction over Social Security in the House. Sen. Bernie Sanders, an independent from Vermont, has introduced a bill calling for similar payments. "I think that the Obama administration and many members of Congress understand that we simply can't turn our backs on senior citizens," Sanders said. Other lawmakers said seniors shouldn't get the extra payments because the formula doesn't call for it. "I think it would be inappropriate," said Sen. Judd Gregg (R-NH). "The reason we set up this process was to have the Social Security reimbursement reflect the cost of living."
Social Security payments increased by 5.8% in JAN 09 (the largest increase since 1982). The big increase was largely because of a spike in energy costs in 2008. Inflation has been negative this year largely because energy prices have fallen. Gasoline prices have dropped 30% over the past year while overall energy costs have dropped 23%, according to the Bureau of Labor Statistics. Social Security payments, however, cannot go down. The average monthly Social Security payment for retirees is $1,160. Advocacy groups said the payment will be welcomed by seniors hit hard by falling home values and shrinking investment portfolios. "The likelihood of losing an average annual COLA increase of about $200 to $300 in 2010 may sound like no big deal to some, but for millions of seniors who've already seen a third of their Social Security eaten up by health care costs, this proposed COLA relief could truly make the difference" said Barbara B. Kennelly, a former Democratic member of Congress from Connecticut who now heads the National Committee to Preserve Social Security and Medicare. AARP CEO A. Barry Rand said, "For nearly 35 years, millions of Americans have counted on an annual increase in their monthly Social Security checks to make ends meet." [Source: Associated Press Writer Stephen Ohlemacher article 14 Oct 09 ++]
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SSA COLA 2010 Update 03: President Barack Obama's plan to give $250 checks to Social Security recipients next year is being criticized by some congressional Democrats worried that it could swell the deficit. The Obama Administration is considering a payment of $250 to seniors to ease the burden of the recession. The proposal came a day after the Social Security Administration said there wouldn't be a cost-of-living increase in payments for 2010 because consumer prices declined this year. The Obama administration has said the extra $250 is needed to help 57 million seniors, veterans and disabled people weather the recession, and could help stimulate the economy at a time of rising joblessness. The $13 billion plan, announced by the White House, would require congressional approval and enjoys broad support among Democratic lawmakers. Some fiscally conservative Democrats and Republicans will likely oppose it, but it can be politically risky to buck measures that favor seniors, members of both parties say.
House Majority Leader Steny Hoyer has been among the plan's most vocal opponents. The Maryland Democrat has been working to rein in rising entitlement costs, which he sees as a danger to the nation's fiscal health. Mr. Hoyer is among a growing number of Democrats who argue that measures to help those hit by the economic downturn should include the means to pay for them without adding to the deficit. "Seniors at the beginning of this year got a 5.8% [cost-of-living] adjustment. They also got a $250 payment in the Recovery and Reinvestment Act. So it is not as if the Congress has forgotten seniors," Mr. Hoyer said after the plan was announced. Other fiscally conservative Democrats privately agreed, but expressed reluctance to voice their views publicly, for fear of angering seniors. The White House said officials are willing to work with lawmakers to find a way to offset the plan's cost. Both Democrats and Republicans have voiced growing concern about the federal deficit, which totaled $1.4 trillion for the fiscal year ended 30 SEP. An aide to Mr. Hoyer said that Democrats don't yet have the votes necessary to defeat the proposal.
Mr. Obama has said the $250 would be equivalent to a 2% increase over 2009 for the average retiree receiving Social Security payments. Administration officials have said they envision a one-time payment. But budget-watchdog groups worry that the program could be continued at least through 2011, since the cost of living isn't projected to rise significantly next year either. Lawmakers face midterm elections in 2010, and some critics say the administration would likely extend the payments for another year. "This is an issue where [budget watchdog] groups on all ends of the political spectrum all happen to agree," said Maya MacGuineas, president of the bipartisan think tank Committee for a Responsible Federal Budget. To budget watchers, the payment proposal represents "the horrible realization that policy makers are going to keep making this situation worse," she said. The committee's board members include Paul Volcker, chairman of the president's Economic Recovery Advisory Board. The Senior Citizens League (TSCL), a nonpartisan group dedicated to protecting seniors' benefits, said $250 wouldn't go far enough for many elderly people struggling with high health-care costs. The group wants an emergency cost-of-living increase of 3%, rather than the White House's one-time payment. [Source: Wall Street Journal Elizabeth Williamson/Henry J. Pulizzi article 22 Oct 09 ++]
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VA VistA Update 04: The Industry Advisory Council (IAC), a blue-chip group of information technology (IT) companies, met on 14 OCT to consider the work required to modernize a decades-old Federal electronic health record system that stores the medical files for millions of veterans and their families, with the underlying implication the system could become a platform for the national health record network President Obama envisions. The council, a 550-member group of technology companies that works to foster dialogue with Federal agencies about IT solutions and procurement, invited executives from about 40 high-tech corporations to form the VistA working group. VistA stands for the Veterans Health Information System and Technology Architecture, an electronic health record system that the Veterans Affairs Department has operated for two decades. IAC, which includes technology giants AT&T, Cisco, Dell, IBM, Oracle, Unisys and Verizon, met behind closed doors in Tysons Corner, Va., to discuss the possibility of upgrading the system, which might include using open source code, a move that would make a relatively cheap electronic health records alternative to clinicians nationwide.
The agenda for the meeting, which an invitation described as one of the most significant projects IAC has ever undertaken, has staggering implications for the IT industry if VistA could become a platform for a national heath care IT standard, said an industry source who declined to be identified because of the sensitive nature of the discussions. High-tech conglomerates are investing millions of dollars in developing electronic health records systems businesses, hoping to cash in on the billions of dollars that hospitals and doctors' offices will spend deploying the systems. The stimulus package that Obama signed into law in February includes about $20 billion for electr