posted 12-05-2000 **************************
CANADIAN LOTTERY
Two Maine citizens within the last few weeks lost large sums of money to scam artists operating out of Canada. One was convinced to send $1,500 to Westmont, Quebec after he was told he needed to pay the "taxes" on a large lottery he had won. Another Maine citizen sent in $1,000 to a firm called "McKinley and Associates," supposedly located in Montreal, Canada. She had been convinced by their call that she had won a $100,000 lottery and that a courier was on her way to Maine to deliver the money. Why did she pay $1,000? Because the courier could not carry such a large amount of money unless bonded. They told her the lottery check was due to expire in a day or two and she had to act quickly. The consumer wired the $1,000 through Western Union. Of course, there was no courier and no lottery check and when she tried to contact the business a recorded message said it had moved.
Attorney General Ketterer said that this is but another example of "cross border fraud" and that the callers were very skilled in making consumers believe that they had won a lottery and that they had to act quickly in order to receive the money. "Claims you have won a foreign lottery should never be believed," said Attorney General Ketterer. If you have lost money through a Canadian lottery scheme, contact Project Phone Busters in Ontario, Canada
This is REAL It has happened to intelligent people!
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Phenylpropopanolamine Warning: FDA has issued a public health advisory
concerning the risk of hemorrhagic stroke, or bleeding into the brain,
associated with phenylpropanolamine hydrochloride. Phenylpropanolamine is
an ingredient used in many over-the-counter (OTC) and prescription cough
and cold medications as a decongestant and in OTC weight loss
products. Most of these are identified below. The increased risk of
hemorrhagic stroke was detected among women using the drug for weight
control, and for nasal decongestion, in the 3 days after starting use of
the medication. Men may also be at risk. The Nonprescription Drugs Advisory
Committee met on October 19 to discuss safety issues related to
phenylpropanolamine use. The committee reviewed Yale's Hemorrhagic Stroke
Project results and concluded that phenylpropanolamine cannot be considered
to be safe for continued use. Consumers are urged to discuss alternative
over-the-counter and prescription products with their health care providers
or pharmacists. Unused quantities of these products purchased from AAFES
may be returned for full refund:
ALKA-SELTZER PLUS
TAVIST-D
TRIAMINIC TRIAMINICOL
CONTACT SEVERE COLD 16 CT
COMTREX DEEP CHEST 24 CT
DEXATRIM XS W/VIT C
DEXATRIM EXT DURATION (PHASE-OUT STATUS)
ACCUTRIM MAXIMUM STRENGTH
DIMETAPP DM COUGH/COLD
DIMETAPP ELIXER
ALKA SELTZER PLUS COLD LIQUID
ALKA SELTZER PLUS NIGHT TIME (PHASE OUT STATUS)
ALKA SELTZER PLUS ORANGE
ALKA SELTZER PLUS TABS
ALKA SELTZER PLUS NIGHT TIME TABS
AAFES TUSSIN CF COUGH FORMULA 4 OZ.
AAFES DIMAPHEN ELIXIR 4 OZ.
AAFES EFFERVESCENT COLD RELIEF 36 COUNT
AAFES DIET CAPLETS
PERMATHENE-16
ROBITUSSIN CF COUGH SYRUP
COMTREX MULTI SYMPTOM
SINE OFF SINUS
[Source: FDA Public Health Warning issued 6 NOV 00
www.fda.gov/cder/drug/infopage/ppa/default.htm/cder/drug/infopage/ppa/]
Lt. James "EMO" Tichacek USN (Ret)
**************************
HEART ATTACK Survival When Alone: For the last year an email has been
circulated on the Internet entitled "How to Survive a Heart Attack When
Alone." The source of information for this article was attributed to
ViaHealth Rochester General Hospital. This article recommended a procedure
to survive a heart attack in which the victim, among other things, is
advised to repeatedly cough at regular intervals until help arrives. The
source of information for this article was attributed to ViaHealth
Rochester General Hospital. There is no record that an article even
resembling this was produced by Rochester General Hospital within the last
20 years. Furthermore, the medical information listed in the article can
not be verified by current medical literature and is in no way condoned by
that hospital's medical staff. Also, both The Mended Hearts, Inc.
[email protected] , a support organization for heart patients, and the
American Heart Association have said that this information should not be
forwarded or used by anyone.
If you are alone and think you are having a heart attack things you
can do are:
-- Stop all physical activity and sit and rest
-- Contact your physician's office immediately to report symptoms and
receive further instruction
-- If there is any delay in contacting your physician, and your pain
persists, call 911 and proceed immediately by ambulance to the nearest
hospital for evaluation and treatment.
-- If you have known coronary artery disease and experience chest pain,
sit and rest, place one nitroglycerin under your tongue and then call your
physician's office.
-- Wait 5 minutes and take another nitroglycerin if you still have chest pain.
-- Follow your physician's instructions. If there is any delay in
receiving instructions and you have taken three nitroglycerin tablets five
minutes apart and still have chest pain, call 911 and proceed immediately
by ambulance to the nearest hospital for evaluation and treatment.
-- If you have no contraindication to using aspirin, chew and swallow one
325 mg. aspirin while you are waiting for the ambulance
[Source: [email protected] & ViaHealth Rochester General
Hospital www.viahealth.org]
Lt. James "EMO" Tichacek USN (Ret)
**************************
GI Bill Update: In a flurry of end-of-year activity, Congress has passed a number of
important veterans' bills that significantly improve certain compensation and benefits for service-connected disabled veterans and their families and survivors, including a 21% increase in Montgomery GI Bill benefits. Specific improvements include:
-- Authority for certain Post-Vietnam Era Veterans' Educational Assistance program (VEAP) participants who were on active duty as of April 1, 2000, to enroll in the Montgomery GI Bill (MGIB). The enrollment premium is $2,700 and may be paid over an 18-month period. Certain other conditions also apply. This provision does not apply to any VEAP enrollees who retired from service before April 1, 2000. This takes
precedence over a similar provision in the FY2001 Defense Authorization Act. (S. 1402)
-- An increase in the maximum monthly MGIB rate from $536 to $650 a month, effective 1 November 2000. Survivors' and dependents' education rates will increase from $485 to $588 per month. The latter benefit will be increased annually to offset inflation, beginning next year. (S. 1402)
-- Authority to use education benefits for civilian licensing and certification exams (e.g., licensed practical nurse). (S. 1402)
-- Authorize active duty servicemembers to "buy up" their Montgomery GI Bill benefit by making an after tax contribution of up to $600, which would raise their benefits by up to a potential $5400. (S. 1402)
[Source: TROA Leg Up dtd 3 NOV 00]
Lt. James "EMO" Tichacek USN (Ret)
**************************
Try this web site compliments of Don Ward
************************** This could get your goat!!!!
*************************** Our Senators and Congressmen don't pay in to Social Security, and, of course, they don't collect from it. The reason is that they have a special retirement plan that they voted for themselves many years ago. For all practical purposes, it works like this:
When they retire, they continue to draw their same pay, until they die, except that it may be increased from time to time, by cost of living adjustments.
For instance, former Senator Bradley, and his wife, may be expected to draw $7,900,000, with Mrs. Bradley drawing $275,000 during the last year of her life. This is calculated on an average life span for each.
This would be well and good, except that they paid nothing in on any kind of retirement, and neither does any other Senator or Congressman.
This fine retirement comes right out of the General Fund: our tax money.
While we who pay for it all, draw an average of $1000/month from Social Security.
Imagine for a moment that you could structure a retirement plan so desirable that people would have extra deducted so that they could increase their own personal retirement income. A retirement plan that works so well, that Railroad employees, Postal Workers, and others who aren't in it, would clamor to get in.
That is how good Social Security could be, if only one small change were made. That change is to jerk the Golden Fleece retirement out from under the Senators and Congressmen, and put them in Social Security with the rest of us. Then watch how fast they fix it.
========================================
Posted 11-18-2000
========================================
http://grunt.space.swri.edu./lostfnd.htm
******----------------------------------------------******
DAV Chapter 15 Monthly Meeting 8/6/2000
Opening Ceremony; Treasurer Don Direnzo opened meeting at 2:05 PM at the party at Cliff Workman's house in New Harbor Maine 12 members present and 11 guests
Roll Call of Officers; All Officers present!
Introduction of Visitors; Mary Chevalier, Ralph Alley, Frances DeBiasico, Barbara Ward, Barbara Sturtevant, Gloria O'Connell, Kathy and Kimberly Hodnett, and Vance, Isabel and Isa Thomas
Reading of the Minutes; Minutes 2nd and were accepted as read.
Treasurers Report; a motion was made to accept the treasurers report and 2nd and approved!
Bills against the Chapter; None at this time
Sickness and Distress; Don and Jean Smith had a car accident and were sent flowers! Forrest Crossman is still not doing well.
Application for Membership; None
Introductions of New Members; None
Unfinished Business; It was presented by Greg Holmes that we needed to vote to give Cliff the rest of the money for the convention.
New Business; None
Executive committee; None
Good of the Order; none
Hospital committee; None
a)Moment of Silence
b)Rise stand at attention Salute
c)Proceed with the regular order of business
No 50-50 at the party!
-------------------------------------------------------
DAV Chapter 15 Monthly Meeting 7/18/2000
Opening Ceremony Commander Workman opened meeting at 7:10 pm 12 members present.
Roll Call of Officers All present
Introduction of Visitors none
Reading of the Minutes Minutes 2nd and were accepted as read.
Treasurers Report a motion was made to accept the treasurers report and 2nd and approved! Annual Report is due 90 days from June 30. 1st of the month we will have the kick back from National.
Cliff Workman commented that National gave us a thank you for Don Direnzo's excellent work on our monthly reports.
Don Direnzo mentioned in the minutes of the meeting it said that Don Direnzo was suppose to look for a higher rate of interest then it said we would leave our CD's where they are.
Motion made by David O Connoll that Don Direnzo be allowed to find what he feels is the highest rate of interest for the groups money in CD's, was 2 by Jerry Elwell and approved
Bills against the Chapter None at this time
Sickness and Distress Forrest Crossman is on Oxygen all the time he is not very well Steve Heal had a operation on his back in Maine medical center is getting along fine. We sent flowers.
Application for Membership Enerst Jones and Roy Ward are sworn into the DAV by Cliff workman tonight!
Introductions of New Members already a member Roy Ward was introduced to the membership.
Reports of Committees
Unfinished Business Our 3 rd annual cook out 8-6-2000 Sunday for Chapter 15 in August last year Where are we going? Cliff Workman offered and so did Donna Alley and her husband. Don Direnzo wants us to purchase the meat at New Harbor!
Motion to go to Donna's for a picnic. Motion withdrawn
Motion to go to Cliffs for the picnic, Date monthly meeting change from Tuesday to Sunday on 8-6-2000 have brief meeting 12 noon at NEW HARBOR
What are we going to have Ribs Coffee Hamburg and Hot dogs Chicken, Potato salad macaroni Salad Potato chips! Soda Paper Plates forks knives Napkins Cups ketchup mustard relish onions pickles Briquettes 20 lbs. of hamburger and hot dogs. Don Ward is going to get ribs and everything at BJ's
Rain Date 8-13-2000
Renee Chevalier bought up the letters the group wanted written for land to be given to the group for our new building and read them to the group. One to the Town Manager of Brunswick, 2 Rep Tom Allen, Rep John Baldacci, Sen Susan Colins (2ea), Sen Olympia Snow (2ea) and Governor Angus King. Paul O' Connell made a motion to send letters to all the representatives and accept the letters as written the motion was 2nd and carried.
Don Direnzo mentioned that he has contacted a realtor to look for property!
Communications Cliff Workman and Renee Chevalier read the communications.
Cliff Workman read a Letter to support a movement to have a veteran's name on a tag that people wear on voting day! And told us that the people were not really supportive of veterans only trying to get air time on veterans backs! Voting in honor of a veteran.
Letter from Camp Keeves National Guard lost Heavy transportation and cant loan tents and get a tank or cannon to posts and chapters in Maine for parades now will have to pay rental fee.
Renee read 2 letters from White House, Senate Susan Colins, Cliff was asked to lay reef for the Disabled American Veterans and they will read all the names from the veterans who died during Vietnam. Starts at 1 Friday morning 22nd is Maine's Vietnam Veterans States Veterans Day
New Business Jerry Elwell Fall Follies at Togus Barbecue. Don Direnzo received pamphlets on the WW2 memorial Dog Tags Cathy owes us quite a bit! Greg Holmes asked for 200 dog tags to take to convention.
Executive committee
Good of the Order Don Direnzo has a couple of people he is helping Jerry Elwell Veterans coordinating committee
Hospital committee Greg and Cliff showed up but no one else did.
Next sale Don Direnzo when do we want to have it Last of September 1 st of October possibly 29 th 30 of September will be begging Tabled to next meeting Last weekend of September 29, 30
a)Moment of Silence
b)Rise stand at attention Salute
c)Proceed with the regular order of business Nothing to report. For the good of the order!
Motion was made to adjourn at 8:45 pm Next meeting will be August 6th at the picnic!
Don Ward won the 50-50 Don gave it back
-------------------------------------------------
DAV Brunswick Chapter 15 meeting June 6th 2000
Meeting called to order: at 7:05 PM By Commander Cliff Workman 11 people present 1 visitor and 10 members. No officers absent.
Roll call of Officers: Cliff Workman commander, Don Direnzo Treasurer, Ren'ee Chevalier Adjutant, Jerry Elwell Chaplain, Don Ward Sr. Vice, Ralph Barrett JR Vice
Introduction of Visitors: Don Ward introduced Peter Merrill
Reading Minutes of Meeting: 5-2-2000 One error was accounted for and it was changed so a motion could be made 2nd and approved. Pharmacy had moved!
Note to add by Cliff workman that he gave the money to a woman at convention for the Beal house! Jerry wanted to speak and mention that Stephen King donated VFW will donate and the Beal house will be open soon! Middle summer!
Also Commander Workman had a comment on the minutes if they were available to everyone and or anyone! Ren'ee commented that she could send them a copy if they sent her a self-addressed stamped envelope to put them in to mail back to them!
Treasurer's report: Was second and approved
Renee Chevalier commented that the complaint pissed her off because of the complaint against Don Direnzo was uncalled for that the job Don Direnzo does is very hard! And if someone puts in the time that Don does then they can complain about what he does!
A formal motion was made to thank Don Direnzo for his hard work!
Also Wall Mart thanked us for helping them With the ceremony that they have for Veteran Day!
Bills against the Chapter. None outstanding
Sickness and Distress Jerry Ewell was in the hospital twice. Thanked the group for all they did for him. Tim Seevey's dad is in the hospital in Boston and he is running to and from Boston! Forest Crossman is doing good he got his power Wheel chair and lift Art Sturvant had his 3 daughters visiting him while he was recuperating! Don Direnzo had a call about a man in Scowheagen that is wheel Chair Bound and needs help from the VA bad!
Jerry Elwell made a motion that Don helps this man and it was 2nd an approved!
Applications for Membership and action thereon Roy Ward Wheel Chair Veteran Vietnam his application was presented for approval 2nd and approved.
Introduction of new Members Peter Merrill by Don Ward.
Reports of Committees Hospital Committee didn't have a meeting this month will be held this month. In 1999 15661 claims at Togus 2000 so far 11843 worked on at Togus. Togus has its own web site now! Convention work yes much work a lot of meetings a lot of sitting at meetings fun yes SCC meetings many meetings they ran a little behind! A memorial service for members who passed away! A hospitality Room Chips and dip and salad soda beer and booze. Lots of fun and work to! Many Speakers. Nominations to posts in the State! Cliff was nominated and elected 2nd Junior Vice and Jerry Elwell ran also! Greg Holmes is state commander! Social hr and cash bar!
Greg Holmes is at Chapter 22 fixing problems!
Jerry Elwell wanted to say a few words about the Homeless Veterans Standown! 34 veterans showed up at the standown! Jerry Elwell, Greg Holmes and Tim Seevey from our chapter showed up to help! The Korean War veterans memorial mass. The Vietnam memorial moving wall is coming! July 22 is Vietnam Veterans Day declared by Governor King! This will be held on July 21 to July 23 in the Veterans Cemetery in Augusta Maine
Moment of Silence:
Don Direnzo made a motion to give Cliff a hand for being elected 2nd Junior Vice for the State!
Unfinished Business: Don Direnzo there was nothing finalized for the future CD's He wanted to know what the group should do! Any future CD's should we look for a higher rate?
Don Ward made a motion that it should be left up to the Treasurer to find a higher rate on CD's or not and that he should be able to do that on his own! And that we keep things where they are the motion was 2nd and approved!
Commander Workman reported that Greg said that the state Department would pick up the airfare for Cliff to go to Convention in Las Vegas! And that left the hotel and meals. A motion was made to have a forget me not drive to raise the money to send the Commander to the convention! The motion was made by Jerry Elwell to send our commander to convention! Don Ward 2nd discussion followed motion was approved. Motion to have a sale to send commander to convention! Jerry Elwell made a motion to table that motion! And the new motion is to take the money from the money that comes from national to go to convention. The motion was 2nd and approved!
Communications: Cliff Workman mentioned that he had a communication from a Gordon Parker that he had sent a memorandum to Chapter 15 looking for people to work on the legislative committee at state level!
Minutes of the Executive Committee:
Moment of Silence in honor of our fallen comrades
For the good of the order Luncheon for the forget me not drive Atrium Saturday 10th Motion for discussion to have Renee Chevalier write to our representatives for excessed property from the Navy Base or any property that may be able to be acquired by our Chapter! The motion was 2nd an approved
Contact was made to the City of Brunswick asking about any property that may come up on tax sale that might be donated to us from the city of Brunswick!
Motions to write letters to both the City of Brunswick and the local Representatives to have them donate property and have letter presented at a meeting 2nd and approved
And lastly a motion to receive payment for Battery's tapes and such for use to record our meetings! 2nd and approved!
Cliff wants to make a motion to purchase a phone card! was 2nd and approved!
Cliff gave a report on what he did for the Chapter hospital tour, convention, homeless veteran's standown Brunswick Memorial Day.
Don Ward is trying to get us old computers so we can have a computer for the chapter from Good Will!
Motion was made to adjourn the meeting it was 2nd and approved at 8:45pm
The winner of the 50-50 Jerry Elwell
Meeting for next month was postponed for two weeks till July 18th
-------------------------------------------------------
DAV Chapter 15 Monthly Meeting 5/2/2000
Opening Ceremony; Commander Workman opened meeting at 7:03 PM on 5-2-2000
Roll Call of Officers; All present
Introduction of Visitors; Bill Lindroff visiting from Cundys Harbor?
Reading of the Minutes; Minutes were read 2nd and approved
Treasurers Report; was read and a motion was made to accept the treasurers report and 2nd and approved!
Bills against the Chapter; None at this time
Sickness and Distress; Don Direnzo, Don Ward lost his brother in Maryland. The chapter sent him a card!
Applications for Membership;
Introductions of New Members; already a member Steven Heald was introduced to the membership.
Reports of Committees; Don Ward presented to the membership the building committee report that we need a permit and Town manager will tell us about the needs for the building!
Don Direnzo bought up the building the legion had and the cost of it the amount of land to put up a building and have a parking area.
Don Direnzo made a motion to put an add in the paper for 10 weeks it was 2nd
and approved!
Cliff Workman said that Vern Louis sent a letter about property for sale in the Bath Brunswick area!
Tim Seevey wanted the committee to ask about the land in Brunswick between Maine St and Spring St. much discussion followed and nothing was yet to be resolved!
Unfinished Business; Motion that was made last meeting to pay for delegates to convention was 2 and approved!
Motion needed to be clarified for the convention and taking pins to it!
A Motion to give the State Commander a pin was made and withdrawn A motion was then made to give the Our commander 10 pins to give away as he sees fit was 2nd and approved. Much discussion followed nothing was resolved.
Tabled matter of CD's difference between credit union and banks! Discussion on putting it into the bank verses the credit union so Don will check! Much discussion nothing resolved!
Tim Seevey we are going to do something within a year! So we should stay in credit union! Personally he would like money in one spot.
Renee Chevalier I would like to make a motion to up the money that we keep in the Checking.
Jerry Elwell made a motion to put money from the sale into the checking and the rest into a CD for the building fund!
Don Ward then asked Don Direnzo about how much money we would have to put into various funds said the estimate for the sale should be pretty good.
Ren'ee Chevalier I would like to withdraw my motion!
Don Ward then made a motion to put money into a CD just for the building fund! and money into the checking account! a motion was made and 2nd and approved
Forget me not dinner we go to Atrium instead of the of New Meadows 2nd and approved
A motion that we have one dinner for both sales motion was carried. next sale is May 26th and 27th
We need people for the sales! 9 to 1 Steven Heald Cliff Workman Don Ward 1 to 5 PM Tim Seevey Renee Chevalier 5 to 9 PM Jerry Elwell and Greg Holmes
27th 9 to 1 Don Ward Ciff Workman Steve Heald 1 to 6 Tim Seevey Ren'ee Chevalier 6 to 9 Tim Seevey Greg Holmes!
New Business Jerry Elwell Pay is back in 200 new 800 number for Togus. 877-754-2862
Cliff Pharmacy moved offices
Jerry Elwell Beal House at Togus looking for donations if you are sick at Togus relatives can stay in the Beal house while you are in Togus
Tim Seevey makes a motion to donation to the Beal House Cliff can give her the donation. Jerry Elwell made motion to donate to the Beal House 2nd and approved!
Paul O'Connell made a motion to give Jerry Ewell something to help with his fire. It was 2nd and approved
Communications Renee passed out information on the communications
For the Good of the Order After the last DAV meeting Jerry Elwell had a chimney fire! Paul O'Connell made a motion to give Jerry something out of the Chapter to help him with the repairs to his house and Chimney! Jerry Elwell thanked the chapter for the moneys.
Don Direnzo Forest Crossman is still sick!
Cliff Workman nothing to report
Meeting Closing 9 PM!
============================================
Posted 11-20-2000
============================================
M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: PUBLIC LAW NUMBERS ASSIGNED TO VETERANS' BILLS
DATE: November 16, 2000
Public Law numbers have been assigned to the veterans' bills signed into law by President Clinton.
These law numbers are as follows:
· H.R. 1509, to authorize the Disabled Veterans' LIFE Memorial Foundation to establish a memorial in the District of Columbia or its environs to honor disabled veterans-Public Law 106-348, enacted on October 24, 2000
· H.R. 4205, National Defense Authorization Act for Fiscal Year 2001-Public Law 106-398, enacted on October 30, 2000
· H.R. 4635, VA, HUD, and Independent Agencies Appropriations Act of 2001-Public Law 106-377, enacted on October 27, 2000
· H.R. 4850, Veterans' Compensation Cost-of-Living Adjustment Act of 2000-Public Law 106-413, enacted on November 1, 2000
· H.R. 4864, Veterans Claims Assistance Act of 2000-Public Law 106-475, enacted on November 9, 2000
· S. 1402, Veterans Benefits and Health Care Improvement Act of 2000-Public Law 106-419, enacted on November 1, 2000
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
----------------------------------------------
VA Claims Assistance: Statement of President Clinton: "Today I am pleased to sign into law H.R. 4864, the “Veterans Claims Assistance Act of 2000.” The Act reaffirms and clarifies the duty of the Secretary of Veterans Affairs to assist claimants in developing evidence pertinent to their claims for VA benefits. It eliminates the previous requirement that a claim be well-grounded before VA’s duty to assist arises. The Act requires the Secretary to make reasonable efforts to assist a claimant in obtaining evidence to substantiate his or her claim unless it is clear that no reasonable possibility exists that the Secretary’s assistance would aid in substantiating the claim. As under current law, the Secretary must consider the entire record of evidence, and when there is an approximate balance of positive and negative evidence regarding an issue material to the determination of a matter, the Secretary must give the benefit of the doubt to the claimant.
Veterans seeking benefits from this Government are deserving of all reasonable assistance that VA has to offer. The benefits administered by the Secretary are a means by which the Nation expresses its profound gratitude for the many sacrifices our veterans have made to protect and defend our freedom. Veterans Day, a day set aside to honor all veterans, is an especially appropriate time for us to ensure that we will continue to pay our debts to these men and women. This Act demonstrates to veterans and to all those currently serving in our military and to those who may serve in the future, that America honors its commitments to those who have served. I am very pleased to approve this new law." [Source: The White House Office of the Press Secretary 9 NOV 00]
This Act plus VA Directive 2000-29 (i.e. directs VHA health care providers, when requested, and under certain limited circumstances, to provide descriptive statements and opinions for VA patients with respect to patient’s medical condition, employability, and degree of disability) makes it more difficult for veteran’s claims to be denied provided there are some grounds for the application. If you submitted a claim in the past, for which you feel you should have received a disability rating and were not, you might want to consider resubmitting your claim under the current rules. Also, military service widows whose husband's died of a diabetic related condition should consider resubmitting their request for DIC since it has now been shown that there is a relationship between Agent Orange exposure and Diabetes.
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City RP
Email: [email protected] (PRI) or [email protected] (Alternate)
Tel: (63-74) 445-6786 or 446-2087 to record msg. or FAX 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
-----------------------------------------------
Tricare PGBA Website: Palmetto Government Benefits Administrators (PGBA) processes claims for beneficiaries in all TRICARE regions, except Regions 6 and 11. Any person who is on DEERS can become a member of the myTRICARE.com web site at www.myTRICARE.com which makes available to users the following:
Claims Status: All claims, claims for the last two years or claims for a specific date or date range. Information such as the claim number, date of service, date processed, total billed charges, amount paid to beneficiary and provider, patient liability, deductible, cost share and co-payment is available. Provides an online filing system for all your claim records. Note: TRICARE Explanation of Benefits (TEOB) and claims history are not available for claims processed by the Contractor for Regions 6 and 11 (Washington, Oregon, Oklahoma, Arkansas, part of Louisiana and part of Texas).
DEERS Eligibility: Eligibility status, program and region enrollment.
Benefit Explanations: Access to the online “Prime, Extra and Standard Features and Benefits booklet”.
Provider Directory: Verification that your desired physician is a TRICARE provider? You will need to enter the provider’s name, city, state, zip code and/or specialty area. If that doesn’t provide sufficient information the entire TRICARE provider listing compiled by TMA is available.
Forms: Access and print Enrollment, Third Party Liability, Authorization to Disclose, Other Health Insurance and Beneficiary Claim Forms on the Web site.
Frequently Asked Questions: Provides assistance for navigating through the Web site and answers to questions about TRICARE coverage? If you have questions that are not addressed you can submit an E-mail to an I-Care Representative on the website [24/7] and receive a response within 24 hours.
The registration process informs the beneficiary by snail mail that he/she registered successfully. Beneficiaries are given the option to grant permission to family members to view his/her claim’s information on the Web site. Upon registration, beneficiaries will be mailed a key security code. Access to myTRICARE claims will be restricted until the code is entered. Providers can use the Web site to access provider directories, print forms and file claims online using the TRIDDE system. Using this online filing tool expedites the claim cycle time significantly. [Source: NAUS 20 OCT 00 Leg Up]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City RP
Email: [email protected] (PRI) or [email protected] (Alternate)
Tel: (63-74) 445-6786 or 446-2087 to record msg. or FAX 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
-------------------------------------------------------
Health Care for Life: Recent legislation has greatly enhanced the government’s promise of lifetime medical care for retirees. On Monday, October 30, the President signed the FY2001 Defense Authorization Act into law -- including provisions authorizing TRICARE-for-life and pharmacy coverage for Medicare-eligible, and allocating part of the government surplus to establish a trust fund that makes this coverage a mandatory entitlement that will not have to compete for funding with the rest of the Defense budget.
Tricare for Life will start on October 1, 2001. It is for Military Retirees, their spouses, and surviving spouses who qualify for Medicare Part B. To participate you must have Medicare PART B and your DEERS information must be up to date. If you are not currently enrolled in Medicare Part B, you may enroll in the program at your nearest SSA office during the General Enrollment Period (January 1- March 31) to become eligible for Part B benefits on July 1, 2001. The cost of Part B may go up10% for each 12-month period that you could have had Part B but did not take it. The first thing DOD is planning to have on line is TRICARE STANDARD for everyone. That is a fee for service program. Medicare Part B will be the first payer and Tricare Standard will pick up the rest. The beneficiary must stay in Medicare Part B and will have the yearly Medicare deductible. There will be NO additional Tricare co-pays, fees or deductibles. The questions of TRICARE PRIME and the use of the MTFs (Military Treatment Facilities) will be handled later. At this time the plan does not require the beneficiary to actually enroll in Tricare for Life. All the retiree will need to qualify for Tricare for Life is his or her Medicare Part B card and his or her Military I.D. Medicare is the primary payer under the TRICARE-for-life and the only criterion is that a provider accepts Medicare patients. Beneficiaries who are eligible for Medicare, but enter into "private contracts" with providers who do not see Medicare patients or participate in the Medicare program do so at their own expense. Since none of the regulations have been written yet there may be some changes in the details. New rules included in the law are:
-- Reduction of the catastrophic cap on out-of-pocket expenses for retired TRICARE Standard users from $7,500 to $3,000 per year.
-- Elimination of copayments for active duty family members enrolled in TRICARE Prime, and provides PRIME-level benefits to families assigned to areas where PRIME is not available.
-- Prohibits imposing requirements for TRICARE beneficiaries to obtain preapproval or non-availability statements (NAS) except under specific conditions related to funding or readiness.
-- Travel expense reimbursement for TRICARE Prime beneficiaries referred to a provider more than 100 miles from the primary provider's location.
The other new health care program for retirees was contained in FY 2001 NDAA (National Defense Authorization Act). It is a Pharmacy Benefit for retirees over 65, their spouses and surviving spouses. This program begins April 1, 2001. A beneficiary can use the MAIL ORDER PHARMACY (MMOP) and receive up to a 90 day prescription for $8. Additionally, there is a Network Pharmacy Benefit that has a 20% co-pay per prescription (that is the beneficiary pays 20% and Tricare pays 80%). Finally, there is an Out of Network Pharmacy Benefit with a 25% co-pay and a $150 yearly deductible. Any beneficiary who turns 65 after March 31, 2001 must have Medicare Part B to participate in this program. If a beneficiary turned 65 before that date they will not need Medicare Part B.
Unfortunately the new coverage does not extend to retirees residing overseas. Initial inputs indicated it was the intent of Congress to include them but the final language of the bill did not authorize this. Overseas coverage will require new legislation. This and Concurrent Pay for disabled vets are issues you should raise with your congressman. Personal contact via letter or message is best. Also, support of the organizations included in the Military Retiree Coalition will ensure appropriate lobby action is taken. [Source: Various 6 NOV 00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City RP
Email: [email protected] (PRI) or [email protected] (Alternate)
Tel: (63-74) 445-6786 or 446-2087 to record msg. or FAX 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
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VSO [10/30/00]
A copy of the following Directive has been furnished by AMVETS St. Petersburg. Veterans applying for VA benefits should be made aware of this Directive to better their chance of having their condition rated service connected:
Department of Veteran Affairs
VHA Directive
2000-029
Veterans Health Administration
Washington, DC 20420 September 22, 2000
PROVISIONS OF MEDICAL OPINIONS BY VA HEALTH CARE PRACTIONERS
1. PURPOSE: This Veterans Health Administration (VHA) directive establishes nationwide policy requiring VHA health care providers, when requested, and under certain limited circumstances, to provide descriptive statements and opinions for Department of Veteran Affairs (VA) patients with respect to patient’s medical condition, employability, and degree of disability.
2. BACKGROUND: This policy rescinds all restrictions on VA physicians and other medical practitioners, defined in M-1, Part I, Chapter 9, section 9.50. Restrictions on the ability of VA health care providers to provide statements and opinions for VA patients are inconsistent with the goal of VHA for their care. This policy must, however, be implemented in a way that avoids inappropriate VHA participation in the claims adjudication process that determines eligibility for VA disability benefits. It is anticipated that his policy area will be the subject of future notice and comment rulemaking.
3. POLICY: It is VHA policy to remove restrictions on the ability of VA health care providers to provide statements and opinions for VA patients.
4. ACTION: Medical facility directors are to implement this directive immediately. Use the following guidelines:
a. Support by Treating VA Practitioners of VA Benefit Claims
(1) Veteran patients may request descriptive statements regarding their medical
conditions and/or opinions concerning the “possible cause(s)” of an existing medical condition for VA disability claims purposes. VHA health care providers shall provide a statement or opinion describing a patient’s medical condition. If the health care provider id the veteran’s treating physician, and is unable, or deems it inappropriate, to provide a statement or opinion, such physician shall refer the veteran’s request to another health care provider for the opinion or statement.
Note: For purposes of this policy, a note in the consolidated health record containing a statement such as, “in my medical opinion the currently existing medical condition is ‘related to,’ or ‘at least as likely as not related to’ an injury, disease, or event occurring during the veteran’s military service” constitutes a sufficient supportive statement. The injury, disease, or event can be something described by the veteran or shown in other records, but should be identified as such by the health care practitioner in the health care practitioner’s statement. A statement to the effect of, “I am unable to determine whether a relationship exists” between the present disability and a described injury, disease, or event occurring during military service, is also acceptable.
(2) When providing medical statements and opinions, the veteran patient must be informed that decisions concerning VA compensation and/or pension benefits are:
(a) Decided by VA regional office adjudication officials based upon the law, regulations, and the totality of medical evidence pertaining to the disability claimed, and
(b) Nor controlled by the physician providing the veteran’s care or medical facility furnishing treatment.
b. Medical Opinions for non-VA Purposes. Veterans may also ask VA health care
professionals for medical opinions to assist them in filing claims with other agencies, e.g., the Social Security Administration (SSA). These opinions may be provided in the same manner and under the same restrictions as opinions furnished for Veteran Benefits Administration (VBA) claims processing purposes. NOTE: This does not include completion of the Social Security Administration (SSA) forms for examinations where SSA would pay a private practitioner, but is prohibited from paying other Federal agencies such as VA (see Title 38 Code of Federal Regulations (CFR) 17.38 (a)(1)(xiv)).
c. Requirement for Disclaimer. In all instances involving VA determinations, the
veteran patient must be asked to sign a statement indicating the veterans understanding that the opinions of the VA physician do not constitute an official VA determination of service connection, degree of disability, or eligibility for VA benefits. The disclaimer documented below is being added to VA Form 10-5345, Request for and Consent to Release of Medical Records Protected by Title 38 United States Code (U.S.C.) 7332, to facilitate its use. In the meantime, for release of information covered by this directive, incorporate a statement like the following, signed by the veteran, in the consolidated Health Record:
“I understand that the VA health care practitioner’s opinion and statements are not official VA decisions regarding whether I will receive other VA benefits or, if I receive VA benefits, their amount. They may, however, be considered with other evidence when these decisions are made at a VA Regional Office that specializes in benefit decisions.”
5. REFERENCE: None
6. FOLLOW-UP RESPONSIBILITY: The Office of Patient Care Services, Forensic Medicine Strategic Healthcare Group (11F) is responsible for the contents of this directive.
7. RESCISSONS: M-1, Part I, Chapter 9, section 9.50 and VFA Directive 98-052 are rescinded. This VHA Directive expires September 31, 2005.
S/Frances Murphy, M.D.
For
Thomas L. Garthwaite, M.D.
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VA/SBA Vet Support: Veterans who own or want to own businesses can get help from the federal government. The VA and Small Business Administration (SBA) are following mandates of the Veterans Entrepreneurship and Small Business Development Act which was signed into law AUG 99. The SBA offers online classrooms for the entrepreneurial needs of veterans at http://classroom.sba.gov. SBA will also help veterans find procurement opportunities with federal, state and local agencies. Veteran business owners can register in PRO-Net. Pro-Net allows federal contractors to search for veteran-owned businesses. P.L. 106-50 calls for 3% of federal contracts to go to businesses owned by service-connected disabled vets. The VA will compile a list of products and services offered by veteran-owned businesses and distribute it to federal procurement officials. In addition to several programs to help veterans the SBA has guaranteed nearly 50,000 loans worth more than $10 billion to veterans in the last seven years. Additional information on SBA assistance and P.L. 106-50 is available at www.sba.gov/vets or 1-800-U-ask-SBA. [Source: VFW Magazine SEP 00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City RP
PSC 517 Box RCB, FPO AP 96517-1000 or [email protected]
Tel: (63-74) 445-6786 or 446-2087 to record msg. or FAX 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
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M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: 106TH CONGRESS LEGISLATIVE SUMMARY
DATE: October 25, 2000
Nearing the end of its second session, the 106th Congress has passed and cleared several pieces of veterans' legislation for the President's signature. Below are the highlights of these various bills.
H.R. 1509
On October 5, 2000, Congress passed H.R. 1509, a bill to authorize the Disabled Veterans' LIFE Memorial Foundation to establish a memorial in the District of Columbia or its environs to honor veterans who became disabled while serving in the Armed Forces of the United States. For the past 3 years, delegates to DAV's National Conventions have adopted resolutions supporting the construction of a monument to commemorate the sacrifices of America's disabled veterans. This legislation had strong support and a long list of very distinguished cosponors. This bill is expected to become law in the near future.
H.R. 4205
On October 12, 2000, Congress amended H.R. 4205 by substituting provisions from H.R. 5408 and passed and cleared H.R. 4205 for action by the President. Although H.R. 4205 is the National Defense Authorization Act for Fiscal Year 2001, it contains beneficial provisions for military retirees and veterans. Under the bill, military retirees and their family members continue to receive full coverage for medical treatment when they change to Medicare at age 65. They retain TRICARE as a supplement to Medicare. For these beneficiaries, TRICARE will pay the costs not covered by Medicare. Under the plan, beneficiaries will pay no co-pays or deductibles. The bill allows all Medicare-eligible military retirees and their family members to obtain prescriptions at reduced costs through the mail order and network retail pharmacy programs of the Department of Defense. These provisions will become effective on October 1, 2001.
Another provision in the bill establishes entitlement to medical and dental care for Medal of Honor recipients and their family members if they are not otherwise entitled to such care under the military health care system. This provision is effective the date of enactment of this bill into law.
A provision in the Senate-passed version of the bill to allow concurrent receipt of military longevity retired pay and disability compensation was removed in conference. However, the conferees corrected an inequity in current law regarding the special compensation benefit available to certain longevity-retired members who have serious service-connected disabilities. Under existing law, a member retired from the Armed Forces on the basis of longevity after 20 years service may receive special compensation if he or she has service-connected disability that was rated 70% or higher within 4 years of discharge. A veteran who served 20 or more years and has the requisite service-connected disability is eligible for this special compensation if retired on the basis of disability. The conferees added a provision to make such retirees eligible for the special compensation. This provision is effective October 1, 2001.
As passed by both the Senate and the House, the bill includes a provision to remove the court-imposed requirement that veterans must prove their claims are well grounded before Department of Veterans Affairs (VA) has any duty to assist them in developing their claims.
H.R. 4850
With adoption of the conference report by the House on October 17, 2000, Congress cleared H.R. 4850 for the President's signature. This bill increases the rates of disability compensation, dependency and indemnity compensation, and clothing allowance effective December 1, 2000, to reflect the annual increase in the cost of living as calculated in the Consumer Price Index (CPI). The increase in the cost of living shown by the CPI for this year was 3.5%. In accordance with budgetary reductions previously enacted, the monthly benefit payments will be rounded down to the nearest whole dollar amount. The increase will appear in the monthly checks issued on or about January 1, 2001.
H.R. 4864
The House adopted the conference report of H.R. 4864 on October 17, 2000, and cleared the bill for the President to sign into law. H.R. 4864 removes the requirement that veterans must prove that their claims are well grounded as a preliminary matter before the Government has any duty to assist them in gathering evidence and proceed with a decision on the claim. The bill establishes requirements upon VA to notify veterans specifically what information is needed to establish entitlement to the benefits sought and obligates VA to make reasonable efforts to obtain the evidence necessary to prove entitlement.
In restoring VA's duty to assist, Congress specifically required VA to obtain military records, and VA and private records relevant to the claim when the veteran has informed VA of the availability and location of such records and authorized VA to obtain them. When necessary to make a decision on a claim, VA must obtain a medical examination or medical opinion. The law applies to claims and appeals pending on or filed on or after the date of enactment of the act. Any claim denied or dismissed during the period from July 14, 1999, to the date this bill is enacted on the basis that it was not well grounded and which is not under appeal may be readjudicated under these new provisions if the claimant requests review within 2 years of the date of enactment. Because H.R. 4864 will likely be signed into law after H.R. 4205, its provisions will supersede the provisions in H.R. 4205 that removed the well-grounded claim requirement and restored VA's duty to assist.
S. 1402
With the House's adoption of the conference report on S. 1402 on October 17, 2000, this bill was cleared for the President's signature. In S. 1402, Congress consolidated several veterans' provisions that were contained in various other bills. Its major provisions include:
· an increase from $528 to $650 in the monthly educational allowance under the Montgomery GI Bill for veterans enrolled in a full-time course of education and other improvements in the program
· an increase from $485 to $588 in the monthly educational allowance under the survivors' and dependents' educational assistance ("Chapter 35") program, with automatic annual cost-of-living adjustments in future years and earlier effective dates for commencement of eligibility under certain circumstances
· improvements in pay and employment policies for VA health care providers
· authority for service connection of strokes and heart attacks suffered by reservists while performing inactive duty for training
· special monthly compensation for the service-connected loss of one or both breasts by a female veteran
· an increase in the estate limitation for incompetent institutionalized veterans without dependents from $1,500 to the amount which is five times the monthly rate in effect for compensation at the 100% level of disability
· vocational rehabilitation, health care, and disability benefits for female Vietnam veterans' children who suffer from birth defects
· requirement that employers grant leaves of absence for reservists participating in honor guards at veterans' funerals
This bill makes a number of other technical changes and improvements in the benefit programs, health care programs, VA construction programs, and real property management activities.
H.R. 4635
In the conference committee, the Senate and House resolved differences in their two versions of the VA appropriations bill, H.R. 4635, by adopting agreed-upon provisions from another newly introduced bill, H.R. 5482. On October 19, 2000, both the Senate and House approved the conference report and cleared H.R. 4635 for action by the President. He is expected to sign it. For several of VA's major programs and expenditures, the bill authorized increased appropriations in fiscal year (FY) 2001.
Congress authorized $20.3 billion for medical care, an increase of $1.36 billion over FY 2000. Of the $1.05 billion for General Operating Expenses, $826.5 million is for the operation of the Veterans Benefits Administration (VBA). This includes an extra $73 million above the FY 2000 funding for VBA to hire additional personnel to improve claims processing. Congress also increased funding for the National Cemetery System (NCS). The nearly $110 million authorized for NCS represents a $13 million increase over last year's amount. Funding for medical and prosthetic research was increased to $351 million, $30 million more than last year. The $100 million authorized for construction of state extended care facilities is $10 million more than last year and $40 million more than the President requested in his budget. Congress appropriated $66 million for major construction, as compared with $65.14 million last year. For minor construction, the bill provides $162 million, an in!
crease of $2 million above last years funding. For benefits under the compensation and pension appropriation, Congress provided $22.77 billion, and for readjustment benefits, $1.6 billion.
CONCLUSION
Many of these benefit improvements and the increases in resources for VA are consistent with the DAV's legislative goals. Our successes in the second session of the 106th Congress are, no doubt, attributable to the efforts of the grassroots lobbying of our members. On behalf of the legislative staff, thank you for your support of our legislative goals and for your continued efforts to preserve and improve benefits and service for our Nation's disabled veterans.
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
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FY 01 Pay Increases: The nation's 45.2 million Social Security
recipients will get a 3.5% increase in their benefit checks arriving in
January 2001; the largest cost-of-living increase in almost a decade. The
increase, announced this week reflects the surging energy prices. This
means, next year the average monthly check for retirees receiving Social
Security benefits will increase by $29 to $845. The maximum federal SSI
monthly payments will rise from $512 to $530 for an individual and from
$769 to $796 for married couples. The 3.5% increase also applies to
military retired pay, SBP annuities, veterans' compensation payments,
including DIC, and pensions. Also, the Department of Health and Human
Services announced this week the monthly Medicare Part B premium deducted
from Social Security checks of most elderly and disabled Americans for
coverage of doctors' office visits will increase by $4.50, reaching $50 in
2001. For working Americans, the maximum annual earnings subject to Social
Security taxes next year will rise to $80,400 from $76,200. [Source: NAUS
Leg Up 20 OCT 00]
Korean War Recognition Pins: Rep. Lane Evans (Ill.), ranking member of the
House Veterans Affairs Committee, advises that his office is distributing
the official U.S. Army Korean War Veterans Commemorative Pin to all Korean
War veterans and their surviving relatives. The pins are available at no
cost and will be distributed through the end of 2003. Korean War vets
should submit their name, address, phone
number, branch and years of service to Evan's office by 1 November to
receive the pin before Veterans' Day. Requests can be sent via e-mail to
[email protected] or can be mailed to the district office at
1535 47th Avenue, Moline, IL 61265. Call 1-800-322-6210 toll free to
request the pin by phone. [Source: FRA News-Bytes 19 OCT 00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, RP
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg. or FAX 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
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VA - How to File a Claim: If you believe that you have been harmed in anyway through your military experience, you have the right to file a claim for treatment and compensation with the Department of Veterans Affairs (VA). A claim can be filed at any time and there is never a charge to file a claim. You can submit your claim to any VA office or medical center on VA Form 21-256. It can also be done by mail, after requesting the appropriate forms from the VA or the RAO. Most telephone directories will list the nearest VA facilities under "US Government." Or, you can get most information online at http://www.va.gov/. Assistance of a Veterans Service Officer (VSO) may also be sought. In fact, it is encouraged. All major veterans’ organizations (American Legion, VFW, AMVETS, etc) have service officers authorized by the VA to act in behalf of the veteran. In addition, many state and county government agencies have VSO's. Once again, there is never a charge for the assistance of the VSO. If you feel that your claim is not being handled properly, you should not hesitate to find a different VSO to assist. In some cases individuals other than veterans can use VA services.
Veterans who live in foreign countries other than the Philippines file their claims with the Washington Regional Office (WRO) at 1120 Vermont Avenue N.W. Washington D.C., DC 20421. If the WRO feels your claim is valid they will order an exam. It is the responsibly of claimants residing overseas to meet the exam date and travel to the location designated at their own expense. The Philippines is the only VA regional Office overseas and handles disability claims for veterans residing in the Philippines only. If the WRO feels your claim is valid they will order an exam. On rare occasions at the request of veterans outside the RP the PRO will attempt to conduct Compensation and Pension examinations. However, it becomes complicated because the ordering of the exam must come to PRO from the WRO and coordinating a response from that office has historically been difficult. The normal procedure is for WRO to arrange for the exam through the US Embassy in the country where the veteran is residing. The results of the exam are returned to the WRO and adjudication of the claim takes place back there. If for some reason the exam is decided to be coordinated through the PRO the only reimbursement you would receive is for your travel expense within the Philippines.
Retirees are encouraged to establish their eligibility by enrolling with the VA. With the cutbacks in Military Treatment Facilities (MTF) and the uncertainty of TRICARE services, VA should always be considered in your "fall back" plans. There will be a "Means Test." Amazingly, less than one-third of eligible veterans and retirees use the VA. [Source: Soldiers For the Truth Newsletter JUN 00 & VARO Manila]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, RP
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg. or FAX 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
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Hospice Care: Unfortunately, many retirees or their families must eventually face the decision on the use of Hospice services. Hospice care focuses on maintaining the quality of life as opposed to prolonging life with extraordinary medical technology or invasive procedure. It gives priority to the comfort and physical, psychological, social, and spiritual needs of a patient. Controlling pain with appropriate and adequate dosing of various medications (including opiates) is included when needed. This care can be appropriate for those whose terminal disease generally has a course of six months or less and who have chosen symptom relief as the primary goal of medical intervention. It may complement an advanced directive or a medical plan developed and signed by the patient while still competent to make decisions. A chaplain, physician, friends, and family members may be consulted in the development of this plan.
Hospice care generally begins at home. Family members and others provide basic, around-the-clock assistance with the aid of a range of supportive services. A hospice physician provides medical care, often in conjunction with the family’s physician. Medical social workers coordinate hospice and community based services. Home nursing services monitor the clinical disease and offer assistance to care givers on medical issues. Hospice assistance can help obtain equipment such as hospital beds, oxygen tanks, etc. Some programs provide bereavement/family counseling and residential care when needed. Short-term hospitalization and nursing home care are available to help a family during a patient’s acute episodes.
Private insurance companies, Tricare, Medicare, and in some states Medicaid fund many hospice services. However, a Medicare patient waives benefits from some Part A curative services. Anyone considering this care should consult with their physician or local hospital. Not all geographic locations [i.e. Philippines] can offer this service. Additional information on this subject is available on the Hospice Web Site http://www.teleport.com/~hospice/. This website also contains a directory of hospice locations by state and city. [Source: TROA OCT 2000 Magazine article by Rear Adm. Joyce Johnson D.O, M.A.]
Lt. James "EMO" Tichacek USN (Ret)
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POW Purple Heart Eligibility: Former American POWs may be eligible to receive the Purple Heart medal due to a little-publicized four-year-old change in the award rules. President Kennedy started the change by signing Executive Order 11-1016 on April 25, 1962. Until that time, service members could receive the Purple Heart only during a formally declared state of war. Kennedy's order made it possible to award the medal even without a formal declaration of war. The 1962 order didn't specifically mention POWs or their eligibility because of wounds and injuries suffered in captivity. An Army policy change dated Sept. 27, 1962, allowed Purple Heart awards henceforth to members who might become prisoners of war and be wounded or injured by their captors. Neither Kennedy's executive order nor the Army change was retroactive. No former prisoners of war of any service, living and dead, who were wounded or injured during captivity before April 25, 1962, were eligible until Congress passed legislation as part of the 1996 National Defense Authorization Act. Prior to the 1996 legislation none of the 140,000 U.S. service members who surrendered to the Japanese in the Philippines in May 1942 could qualify for a Purple Heart nor were the thousands of former POWs who came later in World War II and in the Korean War.
In the seven-step priority system that Congress set up for VA health care Purple Heart recipients who were in VA’s priority groups 4 through 7 move to priority group 3. Purple Heart recipients who qualify for priority groups 1 or 2 by virtue of service-connected disabilities will stay in those higher groups. Also, recipients don't have to make out-of-pocket payments, technically known as “co-payments,” for either inpatient or outpatient VA medical services. However, they are still responsible for making co-payments of $2 for each 30-day supply of prescription medicine given to outpatients for conditions that are not related to military service.
To receive the award supporting documentation is required and may include copies of repatriation medical exams, or a witness statement from a cell mate, for example, stating their buddy was abused at hands of captors. Captors must have deliberately inflicted the injuries or wounds. Injuries received while on work detail, for example, probably would not qualify -- but if in doubt, apply. To apply complete a Standard Form 180, Request Pertaining to Military Records, available through the RAO/RSO offices, the Office of Veterans Affairs, or on-line at http//web1.whs.osd.mil/forms/SF0180.pdf. The supporting documentation must be included. Applications should be mailed to the appropriate address indicated on the back of the SF 180. For more on the Purple Heart's history, eligibility and information on the Military Order of the Purple Heart, visit the organization's Web site at http//purpleheart.org/ [Source: American Forces Press Service 12 SEP 00]
Lt. James "EMO" Tichacek USN (Ret)
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M E M O R A N D U M
TO: National Officers
Supervisory National Service Officers
Department Commanders and Adjutants
National Legislative Interim Committee
Benefit Protection Team Leaders
DAV CAN Members
Action E-List
DAVA National Adjutant
FROM: Joseph A. Violante, National Legislative Director
SUBJ: UPDATE ON DUTY TO ASSIST LEGISLATION
DATE: September 26, 2000
Late yesterday, the Senate passed its substitute amendment to H.R. 4864. This version of legislation to restore the VA's duty to assist veterans and remove the court-imposed well-grounded claim requirements satisfies the DAV's concerns about the original version of H.R. 4864. This bill will likely supersede the duty-to-assist provisions in S. 1810 and the National Defense Authorization Act. We expect the Senate version to be accepted by the House and to become law in the near future, thus bringing to an end our long-fought battle for legislation to end a serious injustice against veterans. We were only able to accomplish this with your support and your contacts with Senators and House members. My sincere thanks to everyone who assisted us in this most important effort.
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Tricare Websites: Listed below,are web site addresses for TRICARE, TRICARE regions, and applicable contractors. Once connected, links are available to enable you to connect to other TRICARE related web sites, military treatment facilities, etc. If you’re unsure of your region, a map showing all of the regions is available at http://www.tricare.osd.mil/tricare/trimap2.html. Claim forms and other documentation are available at most of the web sites. Adobe Acrobat Reader is usually required to view/print the forms and some documents. The Adobe Acrobat Reader software is free and may be downloaded from the following sites (file size is about 6.7MB): ftp://139.232.17.15/acrobat4.exe or http://www.adobe.com/products/acrobat/readstep2.html
*****Tricare Websites:*********
TRICARE ............... http://www.tricare.osd.mil
BCAC Info/Directory .. http://www.tricare.osd.mil/tricare/beneficiary/bcac_dir.htm
Claim Forms ......... . http://www.tricare.osd.mil/ClaimForms/
Claims (Where to file) http://www.tricare.osd.mil/ClaimForms/WheretoFile.htm
DCAO Info/Directory .. http://www.tricare.osd.mil/dcao/
DEERS Address Change . https://www.tricare.osd.mil/DEERSAddress/
Dental Programs ...... http://www.tricare.osd.mil/tricare/beneficiary/supprog.html
Discussion Forum ..... http://www.tricare.osd.mil/forums/index.cfm?CFApp=7&
Enrollment Information http://www.tricare.osd.mil/tricare/beneficiary/enrollment.html
Fraud & Abuse ........ http://www.tricare.osd.mil/fraud/
FAQs ................. http://www.tricare.osd.mil/tricare/news/market.html
Gulf War Illness ..... http://www.tricare.osd.mil/pgulf/gulfwar.html
Handbook (Standard) .. http://www.tricare.osd.mil/TricareHandbook/
Lead Agents .......... http://www.tricare.osd.mil/tricare/leadagent.html
Manuals (TRICARE) .... http://www.tricare.osd.mil/tricaremanuals/
Overseas Healthcare .. http://www.tricare.osd.mil/tricare/overseashlth.html
Reservists/Guardsmen . http://www.tricare.osd.mil/reserve/
Retirees .............http://www.tricare.osd.mil/tricare/beneficiary/SeniorPrime.html
TRICARE Beneficiaries http://www.tricare.osd.mil/tricare/beneficiary/hptriben.html
TRICARE Phone Numbers http://www.tricare.osd.mil/tricare/phonenumbers.html
TRICARE Prime Remote . http://www.tricare.osd.mil/remote/
TRICARE Senior Prime . http://www.tricare.osd.mil/senior/trisenior.html
TRICARE Sr Sup Demo .. http://www.tricare.osd.mil/tssd/
TRICARE Service Centrs http://www.tricare.osd.mil/tricareservicecenters/default.cfm
Wellness & Health .... http://www.tricare.osd.mil/tricareservicecenters/default.cfm
***Regional & Contrractor Web Sites:******
REGION 1 (Northeast) ... http://tricare.detrick.army.mil
Contractor (Sierra) ... http://www.sierramilitary.com/
REGION 2 (Mid-Atlantic). http://www.tma.med.navy.mil
Contractor (Anthem) ... http://www.anthemalliance.com/
REGION 3 (Southeast) ... http://tricare3.army.mil
Contractor (Humana) ... http://205.145.64.204/home.htm
REGION 4 (Gulf South) .. http://hsriv.keesler.af.mil
Contractor (Humana) ... http://www.humana-military.com/home.htm
REGION 5 (Heartland) ... http://dodr5www.wpafb.af.mil
Contractor (Anthem) ... http://www.anthemalliance.com/
REGION 6 (Southwest) ... http://www.tricaresw.af.mil
Contractor (Foundation) http://www.fhfs.com/region6.html
REGION 7/8 (Central) ... http://web01.region8.tricare.osd.mil
Contractor (Triwest) . http://www.triwest.com/
REGION 9 (S. California) http://www.reg9.med.navy.mil
Contractor (Foundation) http://www.fhfs.com/home.asp
REGION 10 (Golden Gate) . http://63.192.217.117/region10/
Contractor (Foundation) http://www.fhfs.com/home.asp
REGION 11 (Northwest) ... http://tricarenw.mamc.amedd.army.mil
Contractor (Foundation) http://www.fhfs.com/home.asp
REGION 12 (Pacific) ..... http://tricare-pac.tamc.amedd.army.mil
Contractor (Foundation) http://www.fhfs.com/home.asp
Europe .................. http://webserver.europe.tricare.osd.mil/
Latin America/Canada .... http://tricare3.army.mil
[Source: Tricare News 21 SEP 00]Lt. James "EMO" Tichacek USN (Ret)
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TO: National Officers Supervisory National Service Department Commanders and Adjutants
Selected Benefits Protection Team Leader Action E-List DAV CAN members
FROM: Joseph A. Violante, National Legislative Director
SUBJ: CORRECTION OF PHONE NUMBERS
DATE: September 19, 2000
Please note the phone number given in yesterday's memorandum for Representative Bob Stump is incorrect. Please use the following phone numbers for Mr. Stump and Mr. Evans:
Bob Stump (202) 225-3527
Lane Evans (202) 225-9756
I apologize for the error and for the inconvenience. Thank you for your support.
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SUBJ: IMMEDIATE ACTION NEEDED
DATE: September 18, 2000
Please contact your Senators immediately and request their support for an attempt by Senators Paul Wellstone (D-MN), Tim Johnson (D-SD), and others to increase fiscal year (FY) 2001 Department of Veterans Affairs (VA) health care funding by $500 million.
Senators Wellstone and Johnson will be asking all members of the Senate to sign onto a letter going to the Administration, Senate leadership, and VA/HUD appropriations conferees concerning the need to provide sufficient funding in the FY 2001 VA health care appropriation to meet the increasing costs and new health care challenges facing the VA.
Please call or e-mail your Senators and urge them to sign onto the Wellstone-Johnson letter as a good faith effort toward restoring fairness to the veterans' health care budget and to ensure full funding in FY 2001 for VA health care programs. A prepared e-mail message concerning this matter can be found on the legislative action section of our web site at www.dav.org.
Additionally, we call upon you to contact Representative Bob Stump (R-AZ), Chairman of the House Veterans' Affairs Committee at (202) 225-4756 and call or e-mail Representative Lane Evans (D-IL), Ranking Member of the House Veterans' Affairs Committee, at (202) 225-5905 or [email protected] to encourage them to strongly support provisions in S. 1810 to expand the list of presumptive disabilities resulting from exposure to ionizing radiation to include lung, colon, and ovarian cancers and tumors of the brain and central nervous system. A prepared e-mail message for Representative Evans is available on our web site at www.dav.org.
As always, thank you for your support and prompt attention to this matter.
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American War Library Disclaimer: The Bulletin Update article put out on 16 SEP 00 identifying a source for obtaining Honorable Discharge, Honorable Service or Military Service certificates was in no way an endorsement of the provider “American War Library” as an organization or business. The article only was intended to identify a commercial source for mantle or shelf display certificates which former service personnel may desire to display in their home or office. Users should be aware that information they supply in obtaining these certificates will go into the AWL data base and is not subject to any Privacy Act to prevent subsequent release to others. These certificates are not intended to replace original or certified documents from official channels that are readily available if requested. We have received a number of inputs from our reader’s in response to the article questioning the credibility of the American War Library and its founder Phill Coleman. However, we have no indication that documents advertised through this service would not be furnished as advertised. Anyone concerned can form their own opinion of this organization’s creditability by contacting them. Additional info on the American War Library that elaborates on its operations is available at:
http://www.geocities.com/Tokyo/Towers/1955/faqawld.htm or [email protected]
http://www.olywa.net/sdotctho/bwarl.htm [Last Updated 23 MAR 97] or [email protected]
Lt. James "EMO" Tichacek USN (Ret)
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Certificate of Military Service: Former service personnel of all branches or their families who would like to obtain Honorable Discharge, Honorable Service or Military Service certificates for mantle or shelf display can do so through the American War Library. There are two display types available:
- Heavy Bond Enclosure in regal, black or navy trimmed in appearance gold ready for mantle or shelf display
- EnDurable Acrylux Frame in chocolate brown or black trimmed in appearance gold ready for wall or cabinet display
To obtain you must submit either a notarized photocopy of your DD-214 (post WW2), a notarized photocopy of WD APO 53-55 (WW2), a notarized photocopy of damaged Discharge Certificate, or other military issued document clearly displaying discharge status. If you have none of these contact the American War Library Personnel Branch at [310] 532-0634 or Certificate Inquiry [email protected] for further guidance. Charges are $24 each inclusive of shipping in CONUS. For international shipping charges contact the War Library. Website http://members.aol.com/dischargecert/index.htm#add provides the application form which can be submitted on line to expedite delivery or mail to Confirmation Director, The American War Library, 16907 Brighton Ave., Gardena CA 90247-5420. This website also provides illustrations of what the documents look like. Delivery will not be made until the War Library has received your notarized document. Payment by personal check, credit card, or money order is acceptable. Notarized documents and payment should be mailed to Records Chief (REC-AMW), The American War Library, 16907 Brighton Avenue, Gardena CA 90247-5420. Faxed or digitized email notarized documents will not be accepted. [Source: http://members.aol.com/dischargecert/index.htm#add SEP 00]
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VA Debt Billing Policy: The Department of Veterans Affairs initiated a billing policy May 1, 1998 for those veterans with outstanding bills payable to the VA. The VA is now in the process of notifying some 270,000 veterans who owe the VA money that the debts can be taken from other federal checks unless the debtor makes some other arrangements. Historically, the VA has collected debts by withholding money from VA payments such as disability compensation and pension, but next spring those offsets also will come from Social Security payments. Veterans affected will always receive the first $750 of each month’s Social Security payment, says the VA, and only 15 percent of the amount greater than $750 can be withheld. Under the law, when veterans owe more than $25 to the VA and the debts become more than 90 days overdue, VA officials must report them to the U. S. Treasury Department. Veterans with questions should contact the VA medical centers where they received care. [Source: Armed forces News 24 AUG 00]
Credit Verification: Consumers should do an annual check on their credit reports. Three national credit bureaus track information about delinquencies and other information on every individual. You are entitled to receive a copy of this report within 60 days of being turned down for credit free of charge from the bureau the creditor used. Otherwise there will be a fee of $8 or $8.66 depending on which bureau you write. Contact:
- CSC/Equifax, 652 N. San Houston Pkwy East, PO Box 674402, Houston TX 77267-4402 Tel: [800] - 759-5979 or Equifax Check Services, PO Box 30046, Tampa FL 33630 Tel: [800] 237-4851
- Experian, 601 Experian Parkway, PO Box 949, Allen YX 75013 Tel: [888] 397-3742
- Trans Union Corp., PO Box 390, Springfield PA 19064 Tel: [800] 888-4213
Lt. James "EMO" Tichacek USN (Ret)
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SUBJ: IMMEDIATE ACTION NEEDED ON H.R. 4205
DATE: September 7, 2000
We expect final conference action to be completed on the Defense Authorization Act, H.R. 4205, by early next week. WE NEED YOU TO TAKE IMMEDIATE ACTION! Please call your elected officials and request their support to keep provisions favorable to veterans and military retirees in the final version of this bill.
WE MUST ACT NOW to ensure H.R 4205 includes provisions that would:
· Require VA to assist claimants in developing all evidence necessary to support their claims
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64
· Authorize the VA to furnish headstones or markers for marked graves of certain individuals
We also encourage you to use our legislative web site at www.dav.org to send a prepared e-mail message to House and Senate conferees and the House Leadership concerning H.R. 4205. Thank you for your prompt attention to this matter.
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Retirement Pay vs. Disability Pay: In 1984 Congress passed a bill that established “The Military Retirement Fund” administered by the Secretary of the Treasury. This bill has been incorporated into US Code 10, Chapter 74, Sections 1461 through 1467. The following is extracted from this Code.
- The Board of Actuaries shall determine an amortization schedule and the length of time for the liquidation of the original unfunded liability. Each year the Secretary of Defense will request and receive from the Treasury Department monies required to pay all Military retirees for that Fiscal Year. (Section (1465)
- Each month the Secretary of Defense shall pay into the fund (for the future) the required monies to pay active duty personnel who may retire, for the remainder of their life. (Section 1466)
- The Secretary of the Treasury shall invest such portion of the fund as is not in the judgement of the Secretary of Defense required to meet current withdrawals. (Section 1467)
In accordance with the above, funds are available and furnished from the Treasury Department to pay the complete Military Retirement obligation. DoD need not ever appropriate additional funds for this purpose. Since 1984 retired disabled veterans have been required to forfeit their share of these appropriated retirement funds dependent upon their degree of disability. The forfeited funds are diverted for the exclusive use of the Department of Defense to spend in whatever way they desire. In effect this provides a pool of money to support expenditures by the DoD on non-budgeted items. The Department of Veterans Affairs is required to appropriate money to pay the service connected disability awards to military retirees without consideration for the amounts already appropriated by the DoD. The VA does not receive any of the appropriated monies forfeited by disabled military retirees. This inequity is currently being addressed by congress through the National Defense Authorization Bill FY 2001 committee. They must decide whether to go along with an already Senate approved bill authorizing concurrent pay for inclusion in the bill.
In 1981 the Uniformed Services Disabled Retirees (USDR) organization was founded with the sole objective of eliminating this inequity. Through their efforts, congressman Bilirakus (R-FL), and with the support of numerous fraternal organizations congress has been lobbied annually to pass legislation that would provide concurrent pay to disabled retirees. Each year these efforts have produced an increase in the number of cosponsors on legislation that would allow this and this year we have our best chance to date. However, Defense Secretary Cohan is now trying to torpedo this effort and has requested the committee not to approve funding at this time for enhanced retiree benefits. If the National Defense Authorization Bill committee fails to include this in the bill to be forwarded to the President the USDR must continue as an organization to carry on the fight for concurrent pay. We should know by OCT 00 if this happens. In the event Cohan is successful and the committee does not go along with the Senate bill USDR will need all the support they can get to continue their efforts. Retirees interested in lending their support to this effort can contact Dan Pettigrew LCDR, SC, USN (Ret) at [email protected] , check out http://www.usdr.org or write USDR, PO Box 2841, South Bend, IN 46680.
Lt. James "EMO" Tichacek USN (Ret)
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NATIONAL COMMANDER MICHAEL E. DOBMEIER AND DISTINGUISHED DELEGATES:As we wrap up another year and begin a new one in the DAV, I am pleased to report that our legislative activities continue to be highly successful. In many ways, a year is a short time, but in other ways, it can be a long ordeal. It is a short time to achieve major legislative goals, but it is a long time to defend our programs against many detrimental government actions. Fortunately, we have been able to do both effectively this year, and we march into the upcoming year with our heads held high and much to be proud of, but with much to do as usual. I believe you will share my pride in the DAV's accomplishments this year and my confidence that, working together and following the strategic course we have chosen, we will be able to effectively meet future challenges and goals.
Before I get to the highlights of this year's efforts and accomplishments, this year's challenges and triumphs, let me emphasize that, while this report is from the Legislative Department, it is a report of the hard work of all in the DAV and a tribute to your successes because, by your participation in the organization, all of you contribute directly or indirectly to the legislative program. Obviously, we owe much to our officers and leadership, but especially National Commander Dobmeier, National Adjutant Art Wilson, and Washington Headquarters Executive Director Dave Gorman who have provided the kind and degree of inspiration, support, and leadership found only in, and responsible for, great organizations like the DAV. Without the fine work of my staff in the Legislative Department, the DAV could not enjoy its reputation as a leader in legislative advocacy. Each of my staff has special strengths and expertise, which complement the strengths and expertise of the other st!
Saff members. The breadth and depth of their knowledge and experience allow us to effectively address the many complexities inherent in legislation and the thorny public policy issues facing veterans. I therefore extend special thanks to Deputy National Legislative Director Rick Surratt, Assistant National Legislative Director for Medical Affairs Dick Wannemacher, Associate National Legislative Director Joy Ilem, and Legislative Support Specialist Lisa Bogle. As he has for so many years, Past National Commander Oliver Meadows also provided invaluable insight and guidance. We feel extremely fortunate to have someone of Oliver's caliber on our team, and all of us on the Legislative Staff sincerely appreciate Oliver's help. Our National Service Officers again carried a heavy load this year, but came through for us as always. They supported and participated in our grassroots efforts. They gave input on issues before Congress, and they conducted rallies on Memorial Day weekend to increase awareness about pressing veterans' issues. They are an important element of our legislative activities, and we are extremely grateful for their professional support.
Today, no advocacy organization can be very effective without a strong grassroots lobby. Our Benefits Protection Team Leaders do a superb job of spearheading our grassroots campaigns. Many DAV and Auxiliary officers in chapters and departments play a leadership role in these efforts also. Without the help we receive from DAV, Auxiliary, and family members, we could not play the highly influential role we play in the decisions of Congress and the Administration on veterans' issues. My heartfelt thanks goes out to all of you who made telephone calls, sent facsimile messages, wrote letters, sent E-mail messages, or made personal visits to the offices of your elected representatives to press the DAV's message.
Because of the teamwork of our dedicated, devoted, and diligent members, officers, and staff, the DAV is a very effective advocacy organization. We are fulfilling the purpose for which we were congressionally chartered and meeting the mandate of our Constitution and Bylaws to advance the interests and work for the betterment of disabled veterans and their dependents and survivors. In addition, we are fulfilling our mission as defined in the Strategic Plan for the DAV that was finalized and introduced this year, and we are embarking on a course to meet the relevant goals set forth for the organization in the Strategic Plan.
As stated in the Strategic Plan, a fundamental part of our mission is to represent the interests of disabled veterans, their families, their widowed spouses, and their orphans before Congress through legislative advocacy. One of the Goals in our Strategic Plan is to maintain the DAV's preeminent position as a provider of professional service, as a veterans' advocate, and as a leader in voluntary service. To meet this goal, the Strategic Plan acknowledges that the DAV must respond to the changing needs of veterans. From the standpoint of our legislative goals, it is especially important that we recognize areas where new or improved benefits are needed. In many ways, the public policy issues we raise and pursue demonstrate that this is one of the great strengths of the DAV's legislative program.
Another goal included in the Strategic Plan is to ensure the best use of current technology and business practices for legislative efforts and grassroots programs. Again, I believe some of the new technology we deployed during the year to enhance our grassroots capabilities, and its proven value, demonstrates that we are meeting this goal.
Declining Government support for veterans' programs, and decreasing public consciousness of veterans' needs and the merits of veterans' programs, is an unfortunate reality. After wars are won and citizens again live in the security of peace, the public's remembrance of the sacrifices of veterans tends to fade. This decline naturally presents a significant problem, but is also a major reason for our existence. It is a recurring phenomenon, but diminishing support for veterans in the midst of ever-increasing competition for the Federal dollar seems to be even more evident in recent years. For example, inadequate budgets for VA over several successive years have degraded VA's ability to timely deliver benefits and health care to the Nation's veterans. Each year, the politics of the Federal budget presents a new and intense battle for the DAV. With the knowledge that today's younger generation has never experienced the effects of war that older generations experienced, and sensing that, on the whole, legislators are no longer the loyal supporters of veterans they once were, the DAV has included in its Strategic Plan, as a priority goal, building Government and public support and awareness of veterans' issues. We have therefore resolved to intensify efforts to shape public policy regarding veterans' issues, increase member participation in grassroots legislative efforts, and foster greater public awareness of the service and continuing sacrifices of veterans.
By retracing this past year's journey together, now let us examine how we acted in accordance with the DAV's mission; how we worked toward our organizational goals to protect and improve the rights, privileges, benefits, and services for disabled veterans and their families; and how we performed in a manner consistent with our fine traditions and befitting our great organization.
By the time we went to National Convention last year, the Congressional Budget Office had already projected a Federal budget surplus of $ 2.9 trillion over the next decade. In Congress, the debate was raging on how to best use the surplus. Many in the majority party favored tax cuts, while others wanted to use the surplus to pay down the national debt, and yet others wanted to use some of the money to strengthen Federal programs. At the same time, a bipartisan majority in Congress had begun to recognize that the budget proposed for veterans' programs was inadequate. Through the DAV's well-attended Memorial Day rallies, we had raised awareness among members of Congress about the serious inadequacy of the budget. Our grassroots lobbyists had waged an intense campaign to press for increased funding. Through our legislative advocacy service on the Internet alone, they had sent more than 5,000 messages to their congressional members urging an increase in the budget. In late July, the Administration had taken the unusual step of amending its proposed budget to request an additional $1 billion for veterans' health care. We had already told Congress that $1 billion additional, while welcome, was not enough to adequately fund VA's health care program. We were pressing for the additional $3 billion called for in the Independent Budget prepared by the DAV in collaboration with three other major veterans organizations. In the bill it reported out, the House Appropriations Committee upped the ante by raising the increase from the $1 billion additional proposed by the President to $1.7 billion.
With presidential veto of the huge tax cut proposal assured and after much wrangling over how to fund more spending on veterans' health care without tapping into the budget surplus, the House passed the appropriations bill in early September. The bill included the $1.7 billion increase. The Senate then took up the bill, and we continued our efforts to get the $1.7 billion increased to $3 billion. However, that would have required a waiver of budget regulations, and a motion to waive the regulations was defeated. The Senate did pass an amendment to the $1.1 billion increase recommended by the Senate Appropriations Committee to bring the amount even with the $1.7 increase passed by the House. Because insufficient time remained to get other differences in the House-passed and Senate-passed versions of the bill resolved in conference before the beginning of the new fiscal year (FY), veterans programs were funded for a short time in a temporary spending bill. The House agreed to the conference report on October 14, 1999, and the Senate agreed on October 15, 1999. The President signed the bill on October 20, 1999.
Although we did not get the full $3 billion increase we requested for health care, our strong push for that amount did pressure Congress enough that it provided the $1.7 billion increase, the largest increase for health care in a decade. The appropriations bill also increased funding above the previous year for medical and prosthetic research by $5 million, for claims processing by $51 million, and for cemeteries by $5 million. In providing $90 million for state home grants, the bill more than doubled the amount the President requested in his budget for that purpose. By any assessment, our efforts on the budget last year would have to be called highly successful.
While we were engaged in this intense battle on the budget, we also continued to push for legislation on other matters of concern to veterans. In October 1999, National Adjutant Art Wilson testified before a Senate subcommittee in support of S. 311 and a House subcommittee in support of H.R. 1509, bills to authorize the establishment of a memorial on Federal land in the District of Columbia to honor disabled veterans. Our Washington Headquarters Executive Director, Dave Gorman, also testified in support of H.R. 1509. At our last three National Conventions, our members have adopted a resolution to construct a monument to commemorate the sacrifices of America's disabled veterans. The DAV had joined with Ms. Lois Pope, a philanthropist, in forming the Disabled Veterans' LIFE Memorial Foundation to bring about construction of the memorial. Through the DAV's efforts, supporters in the Senate and House introduced these bills. Mr. Wilson told the subcommittees that the memorial will be a solemn declaration that America has not forgotten the sacrifices of disabled veterans, those who have borne some of the heaviest burdens in securing and preserving our freedoms." He said that "[t]hose who see the memorial honoring our disabled veterans will gain a better appreciation and understanding of the meaning of service to one's country," and the "monument will create an awareness among our children of the true price of freedom." Mr. Gorman echoed those points, telling the subcommittee that a memorial to disabled veterans will serve many beneficial purposes for those it honors and for the Nation as a whole. He said that it "will be an expression of the sincere human emotion and deep gratitude we feel in remembrance of what disabled veterans gave-what they continue to give-and what they secured for our people." This memorial "will embody the spirit of selfless service and stand as a symbol of our national determination, devotion, strength, and faith in our cause, our values, our people, and our future," he said. The House has since passed H.R. 1509, and we hope to see S. 311 passed by the Senate in the near future. This memorial will go a long way toward meeting the DAV's Strategic Plan goal of increasing public awareness of and support for veterans' issues.
In October 1999, we also testified before the Subcommittee on Benefits of the House Veterans' Affairs Committee regarding VA's performance in treating and processing the claims of Persian Gulf War veterans suffering from undiagnosed illnesses. We related to the Subcommittee our assessment that the VA system is not serving these veterans very well, either in medical treatment or claims adjudication. We observed that VA's attempt to address these unique illnesses with traditional methods and rules results in inappropriate medical care and incorrect claims decisions. We pointed out that, with physicians, the natural impetus is to diagnose an illness before treating it so as to assure the correct therapy is administered, but with Persian Gulf Syndrome, physicians too often assign their best-guess label to a poorly understood or ill-defined set of symptoms to avoid the concession that they were unable to discover the true nature of the illness or to avoid leaving the disease entity unidentified or undiagnosed. Because VA's special regulation governing service connection for Persian Gulf Syndrome permits service connection only for undiagnosed illnesses, the diagnosis so assigned precludes a grant of service connection. Thus, once a physician attaches a recognized disease label to a set of ill-defined symptoms, no matter how arbitrary, speculative, or unsupported, that precludes a grant of service connection. As evidence that claims are incorrectly denied because of this practice and the restrictive VA rule on service connection, we cited the particularly high denial rate for claims involving Persian Gulf Syndrome. We surmised that health care providers likely do not understand the implications or impact of their actions on compensation claims. Similarly, we noted that physicians are poorly equipped to treat and provide relief from the symptoms of illnesses for which they cannot isolate the cause or understand the underlying disease processes. !
We also informed the Subcommittee that there appears to be a lack of uniformity among field stations in the way VA adjudicates these claims. We concluded that, rather than tailoring its practices to accommodate the unique nature of Persian Gulf Syndrome, VA persists in taking the traditional approach to handling these atypical illnesses. Persian Gulf War veterans are therefore disadvantaged in the VA system by conventional medical protocols that are inappropriate in this unique context and a regulation that too narrowly limits service connection. We recommended reforms in the way VA treats these illnesses and revision of VA's regulation to allow for more equitable decisions on compensation claims.
Unfairness in VA's claims processing system is not limited to the claims of Persian Gulf War veterans. Many problems exist, and they cause large numbers of erroneous denials and protracted delays for veterans seeking disability benefits. One particularly detrimental problem for claimants seeking VA benefits arose from a series of court decisions based on a misinterpretation of the law. A well-established fundamental principle in the spirit of veterans' programs is that VA has a duty to help veterans file and prove their claims. However, the courts mistakenly interpreted the law to require claimants to submit enough evidence to preliminarily demonstrate that their claims were meritorious before VA has any legal obligation to assist them in obtaining evidence to prove their claims. In these decisions, not only did the courts shift the burden to gather evidence from VA to claimants, the courts also established complex procedural hurdles that made the process difficult for claimants to negotiate and made it easier for VA to deny claims. Recognizing that this was becoming one of the most serious roadblocks for veterans seeking benefits, we began pressuring Congress early last year to enact legislation to override these erroneous court decisions and restore VA's duty to assist. We worked closely with Senator Patty Murray's office to craft legislation for this purpose. We also consulted with the minority staff in the House Veterans' Affairs Committee in the development of a House bill. In advance of Senator Murray's introduction of S. 1810 on October 27, 1999, we launched an intense campaign to call attention to the problem and to enlist Senate cosponsors. Our grassroots efforts have been very successful. Senator Murray's bill received so much attention and generated so many inquiries to the staff in the House Veterans' Affairs Committee about a similar bill in the House that Congressman Evans speeded up his introduction of H.R. 3193 to address the problem. Large numbers of people used our legislative service on the DAV's Internet website to send E-mail messages to their Senators urging cosponsorship of S. 1810 and to House members urging cosponsorship of H.R. 3193. Many of you also wrote letters or called your Senators and House members to urge them to cosponsor and support these bills. As of this writing, 40 Senators-nearly half of the Senate-have cosponsored S. 1810. In the House, 190 members have cosponsored H.R. 3193.
Near the end of the first session of the 106th Congress, several measures for veterans were enacted into law. The National Defense Authorization Act for Fiscal Year 2000, Public Law 106-65, included provisions for special compensation for military retirees with serious service-connected disabilities rated 70% or higher within 4 years of retirement. This legislation also authorized transfer of property from the Navy Annex to Arlington National Cemetery to expand burial space. It requires military departments to furnish honor guard details for veterans' funerals, and permits military departments to reimburse veterans' organizations for transportation and other expenses of providing honor guard details.
The Veterans Millennium Health Care and Benefits Act, Public Law 106-117, contained a number of provisions to improve medical care and benefits for veterans. Among its major provisions for the delivery of health care, the law established a 4-year test program to (1) furnish nursing home care for service-connected disabilities and for any medical condition of veterans with a 70% or higher service-connected disability who have enrolled for VA health care, (2) to provide non-institutional extended care services to enrolled and Medicare and Medicaid eligible veterans, and (3) to study the feasibility and practicability of assisted living services as an alternative to nursing home care. To expand veterans' access to health care, the law (1) authorized VA to reimburse or pay for emergency care at non-VA facilities for certain enrolled veterans; (2) elevated Purple Heart recipients' priority for VA medical care; (3) required an interagency agreement whereby the Department of Defense (DOD) will reimburse for VA care to TRICARE eligible military retirees; (4) expanded VA's authority to furnish alcohol and drug treatment to active duty members; (5) extended the temporary authority for counseling and treatment for sexual trauma, made the program mandatory, and enhanced outreach to these veterans; and (6) enhanced VA's specialized mental health services for posttraumatic stress disorder (PTSD) and substance abuse disorders. The law contained several other provisions to improve the administration of medical programs.
In the area of benefits, Public Law 106-117 liberalized the eligibility requirement for dependency and indemnity compensation (DIC) to include surviving spouses of former prisoners of war who were rated totally disabled due to service-connected causes for a year or more immediately preceding death. For a surviving spouse who lost eligibility for CHAMPVA medical coverage, educational assistance, or home loans because of remarriage after the veteran's death, it provided for reinstated entitlement to these benefits upon termination of the marriage. The law also established a presumption of service connection for bronchiolo-alveolar carcinoma in veterans exposed to radiation during service.
Public Law 106-117 required the Secretary of Veterans Affairs to begin work on additional national cemeteries, made improvements to the Montgomery GI Bill, extended authority for housing loans to members of the Selected Reserve, mandated an improved quality assurance program for claims adjudication, and improved programs for homeless veterans.
By Public Law 106-118, Congress increased compensation, DIC, and clothing allowance rates 2.4% to offset the annual rise in the cost of living. This adjustment was effective December 1, 1999.
Even before the budget battle was over for the FY 2000 budget, we had begun to prepare for the fight for adequate funding in the FY 2001 budget. As with VA's FY 2001 budget, our work on the Independent Budget was already well under way when the President signed the FY 2000 appropriations bill in October 1999. VA's budget for FY 2001 was nearing the final stages of formulation in October 1999. Under the procedure for development of the Administration's annual budget, VA was preparing its own FY 2001 budget request throughout most of 1999. Once VA completed its budget request, the request was then reviewed by the Office of Management and Budget (OMB), which may, and often does, reduce the amounts requested by VA. The VA's FY 2001 budget was undergoing this OMB review in October and November 1999. While Congress ultimately sets spending levels in appropriations bills, Congress works from the President's budget and uses it as a reference point. Rather than merely react to the President's budget when released in February 2000, we sought to influence the Administration's budget for VA. We, along with our partners in the Independent Budget, therefore prepared a preliminary assessment of VA's FY 2001 budgetary needs and submitted it to OMB in October 1999, hoping to convince the President to ask for higher funding levels than the Administration typically requests. In addition, we furnished this "Critical Issues Report" to every member of Congress.
We also issued a call to action for our grassroots network in which we asked that E-mails be sent to OMB at the White House via our Internet legislative service. The prepared E-mail message called upon the Administration to honor the Nation's obligation to veterans and provide adequate funding for VA programs. These E-mails got the attention of OMB personnel, although they were not necessarily happy to be targeted by such a strong campaign and such a large volume of messages. The President submitted his FY 2001 budget to Congress in February 2000. While it was not enough to provide all the funding needed to support effective delivery of benefits and services to veterans, the Administration's budget included an increase of $1.5 billion in discretionary spending, the largest increase for veterans health care and funding for benefits delivery ever requested by a President.
By the time the President released his budget in February, we had already begun to intensify our grassroots lobbying in other ways. In the January/February 2000 issue of the DAV Magazine, we had introduced a new initiative to strengthen our grassroots lobbying capacity to better meet the upcoming budget battle and to confront the inevitable challenges we would face in the year 2000 and beyond. We were determined that, if we must continually fight for our rights, the DAV would "come out swinging" in this new millennium.
This new initiative, the "DAV CAN" (Commander's Action Network), provides the means by which interested persons can join the DAV's grassroots organization and be kept informed about the important veterans' issues as they arise. To recruit members, we invited readers of the DAV Magazine to join by returning a postcard insert included in the magazine. DAV CAN members receive a membership certificate and an information and action kit that contains instructions for getting the message across to Congress, along with other useful materials. DAV CAN members receive the same legislative alerts and updates we deliver to our national and state officers and Benefits Protection Team members. Those that have E-mail receive the DAV's calls to action and legislative updates immediately upon their posting. Others receive this information by mail.
DAV CAN complements our Benefits Protection Team, which is comprised of DAV members who are often closely associated with our organizational leadership and who themselves form the leadership structure of our grassroots lobby. Obviously, many of our Benefits Protection Team members will want their names included on our DAV CAN rolls, however. To date, more than 3,800 have enlisted in DAV CAN and are now a part of the DAV's grassroots army. They are responding to our calls to action by sending E-mail messages through our legislative service on the Internet, as well as contacting congressional offices by telephone and mail. Our cause is a just one. However, in today's world, that alone is not enough to ensure we receive the consideration and justice we deserve in public policy matters. Rapid communication; a ready, informed, energized, and dedicated force; and respect from legislators are the essential ingredients of successful legislative advocacy. We therefore need to increase the ranks of our DAV CAN membership substantially. We continue to explore ways to expand this valuable resource and employ it for maximum effect. I encourage more of our members, DAV and DAVA, to join this important grassroots effort.
I need to insert some special thanks here to some people who have made special contributions in helping us launch the DAV CAN program. I must take this opportunity to acknowledge the dedicated and untiring efforts of our Auxiliary National 2nd Junior Vice Commander, Linda Trulio, to enlist more Auxiliary members in DAV CAN. Linda has campaigned to increase participation of Auxiliary members in our legislative action program. She has promoted DAV CAN in her travels all across the country. She created a sign-up form to make it easy to join. She has devoted a great deal of effort to legislative issues generally. Thank you, Linda.
Three members of the DAV's Communications Department staff also helped enormously in our effort to get this program off the ground. Jim Chaney designed promotional and informational materials for the DAV CAN program. Alice Bersch and Doreen Lawson assembled and mailed the DAV CAN action kits to the thousands that signed up. This required many hours of labor, and they continue to furnish this support.
As we entered the new year and second session of the 106th Congress working to strengthen our lobbying efforts, we continued to focus on the issues left unresolved from the first session and began our in-depth analysis of the President's budget for FY 2001. For the 14th consecutive year, the DAV, in collaboration with the AMVETS, PVA, and the VFW, released the Independent Budget to coincide with the release of the President's budget at the beginning of February. During a February 17, 2000, hearing before the House Veterans' Affairs Committee on the President's budget, our Washington Headquarters Executive Director, Mr. Gorman, supported the proposal in the President's budget to grant a cost-of-living adjustment (COLA) for compensation, but opposed the President's proposal for legislation to permanently require that COLAs be rounded down to the nearest whole dollar. Similarly, he opposed the President's proposal for legislation to make temporary deficit reduction measures, in the form of user fees and benefit reductions, permanent. He presented to the Committee the proposals included in the Independent Budget for legislation to improve or establish new benefits for veterans. He supported a substantial increase in funding to cover the costs of additional employees to process compensation and pension claims, and urged the Committee to move H.R. 3193 forward to restore the VA's duty to assist and eliminate the unnecessary procedural formalities imposed by the courts.
In his March 1, 2000, testimony during a joint hearing before the House and Senate Veterans' Affairs Committees, National Commander Dobmeier touched on a range of issues concerning disabled veterans and their families. He devoted much of his testimony to the most pressing matters, such as an adequate budget, with which VA could devote more resources to claims processing and the delivery of health care. Many of you also presented the DAV's message to Congress during our Midwinter Conference. You pressed such issues as adequate funding for veterans' programs, legislation to override the courts' misinterpretation of the law on well-grounded claims, concurrent receipt of disability compensation and military longevity retired pay, and restoration of full health care benefits for military retirees. We know that your visits brought these issues to the forefront and heightened congressional awareness and interest regarding the Nation's obligation to care for its disabled veterans and their families.
On March 23, 2000, we testified before the Benefits Subcommittee of the House Veterans' Affairs Committee regarding the VA's duty to assist veterans and the disastrous effects of the courts' misinterpretation of the law to require a well-grounded claim as precondition to VA assistance. From information supplied by our National Service Officers, we told the Subcommittee how the courts' imposition of greater burdens and unnecessary legalistic formalities upon claimants related to the well-grounded claims requirements had wreaked havoc in VA's claims processing system and caused inappropriate denials of many claims. We explained how the courts' misinterpretation of law had nullified VA's duty to assist, the very opposite of the result Congress intended when it incorporated the duty to assist in the law. We urged prompt action to restore the informal procedures in effect before the court decisions.
On April 4, 2000, we testified before the Presidential Special Oversight Board for Department of Defense Investigations of Gulf War Chemical and Biological Incidents. Because the questions regarding the cause and nature of undiagnosed illnesses of the Persian Gulf War remain unresolved, we called for establishment of a board or committee to continue work on these issues. To ensure objectivity and openness, we recommended that this special board or committee be independent of the DOD, VA, and the Department of Health and Human Services.
On April 4, 2000, we testified before the Subcommittee on Health of the House Veterans' Affairs Committee regarding the lease or sale of excess and vacant VA Veterans Health Administration properties. We agreed that VA should undertake an objective assessment of its needs pertaining to VA facilities and their locations to avoid spending money on maintaining an unneeded and aging infrastructure that could be better spent on veterans' health care. However, we cautioned that VA should not liquidate its capital assets solely for cost-savings at the expense of reducing its capacity to meet the health care needs of our Nation's veterans and certainly should not sell or lease its properties to fund Government programs other than those for veterans.
On April 13, 2000, we testified before the VA, HUD, and Independent Agencies Appropriations Subcommittee to present the DAV's views on the FY 2001 budget. We asked the Subcommittee to provide the additional appropriations necessary to permit VA to hire additional employees to process compensation and pension claims. We testified about the unnecessary additional administrative burden and workload created by the court-imposed well-grounded claim requirements and urged the Subcommittee members to support remedial legislation. National Service Officer Harry Schultz also submitted written testimony to give the Subcommittee an in-depth perspective of the problems in claims processing at the VA regional office level. During this same time, the House and Senate Budget Committees were working on the congressional budget resolution, and we had available for use by our members prepared E-mail messages on our Internet legislative service that urged the House and Senate to include in the budget resolution our recommended levels for funding for VA programs.
In addition to testifying before the appropriations subcommittee on April 13, we testified before the Benefits Subcommittee of the House Veterans' Affairs Committee on VA's handling of the claims of veterans suffering from hepatitis C and several bills pertaining to veterans' programs. We noted that hepatitis C is more prevalent among veterans than the general population and that veterans were at greater risk of being infected during service because of blood transfusions for combat wounds, for example. We related to the Subcommittee some of the problems veterans were experiencing in getting service connection established. We explained that direct evidence of the disease during service will unlikely be available for most veterans because the disease is typically not detected until many years after the person is infected with the virus. We told the Subcommittee that VA should amend its regulations to authorize service connection when veterans suffering from the disease were shown to have been exposed to possible sources of infection during service and no exposure to a source of infection after service is shown. In view of the fact that rigorous physical activities can precipitate a heart attack or stroke, we testified favorably on H.R. 3816, a bill that would authorize service connection when a reservist suffers a heart attack or stroke while performing weekend drills or other reserve service for which service connection would not be in order under current law. We supported H.R. 3998, a bill to authorize special monthly compensation for anatomical loss of a female mammary gland, and H.R. 4131, a bill that would increase the rates of disability compensation, dependency and indemnity compensation, and clothing allowance to offset the rise in the cost of living. We took this opportunity to recommend that Congress also enact COLAs for the automobile allowance, specially adapted housing grant, and survivors' and dependents' educational assistance allowance.
In mid-May of this year, our ongoing work on the budget and legislation was interrupted by an extremely serious threat to veterans' programs. Two members of the House Budget Committee introduced H.R. 853 to significantly change the congressional budget process. Among several of the bill's provisions that concerned us were two that directly imperiled the future of veterans' programs. One provision would have limited new veterans' programs to 10 years. This could have meant, for example, that disability compensation under new laws would automatically terminate after 10 years unless reauthorized by new legislation. The other provision would have required reauthorization of existing veterans' programs as least once every 10 years. This would have put compensation and other veterans' programs at risk. In today's political environment, some elected representatives in Washington find it convenient to forget the Nation's obligation to care for veterans when the representatives have other priorities or want to divert funds to pork-barrel projects. We therefore mounted an attack to defeat this bill and sent out an urgent call to action for a grassroots campaign. In the two days preceding the vote on this bill, hundreds of you contacted your members of Congress to urge them to vote against H.R. 853. On May 16, 2000, H.R. 853 was defeated by a vote of 250 against and 166 for the bill-another testament to the power of an effective grassroots lobby.
On May 18, 2000, we testified before the House Veterans' Affairs Committee, Subcommittee on Oversight and Investigations, to inform the members of the status of VA's disability claims processing system and practices. We reviewed VA's downslide over the last decade in which quality declined and, in conjunction with other factors, caused an ever-increasing backlog of pending claims and ever-increasing delays in claims decisions for veterans desperately in need of compensation to relieve the economic effects of disability. We reported that, despite a sound plan to correct the root causes for poor quality and timeliness, VA had made little progress in improving either. We concluded that VA was failing, for several reasons, to effectively implement the reforms in its Business Process Reengineering Plan. We recommended more accountability on the part of decisionmakers and VA management for correct claims decisions. We recommended a stronger management structure whereby the Director of Compensation Service would have line authority over field office adjudicators, and thus the power to enforce quality and performance standards. We again noted that the court-imposed requirements on well-grounded claims added work and complexity to the VA process without accomplishing anything meaningful in return.
In May, we also submitted written testimony to the National Academy of Sciences Institute of Medicine in which we called upon the Institute of Medicine and other involved agencies to continue the search for answers to the difficult questions surrounding the effects of exposure to the herbicides and chemical toxins on our Vietnam veterans.
In view of the major challenges facing veterans, we decided again this year to hold nationwide Memorial Day rallies to call attention to our concerns. By March of this year, we had already begun work to facilitate the organization of these rallies by local DAV department and chapter members. We would use the rallies for voter registration drives and to "tell Washington to keep America's promise to veterans." Rally kits were sent to our National Service Offices in April. On Memorial Day weekend, the DAV sponsored approximately 110 rallies across the country.
We testified before the Oversight and Investigations Subcommittee of the House Veterans' Affairs Committee on June 8, 2000, to state our views on programs and services for women veterans. We expressed concern generally about female veterans not using their VA benefits and services as much as their male counterparts. Although we acknowledged that VA has made great strides in increasing usage of VA services by women veterans, we told the Subcommittee that VA needs to do more to market its programs to women veterans and encourage them to take advantage of the benefits our government offers. We noted that veterans' programs and the delivery systems were initially designed to serve male veterans and have not been modified as quickly as necessary to deal effectively with the influx of women veterans and their oftentimes different needs. We discussed specifically VA's progress in establishing, and the remaining need to expand, special health care programs and services to meet the needs of female veterans. We pointed to the need for VA to do more to meet the special needs of homeless female veterans. We reminded the Subcommittee of the past and future importance of the role of Women Veterans Coordinators and the VA Advisory Committee for Women Veterans in increasing awareness and understanding of women veterans' needs and issues. We emphasized that VA must employ outreach to increase awareness of the availability of benefits to and for women veterans. In addition to removing the actual barriers to health care access and impediments to obtaining other benefits, we impressed upon the Subcommittee that VA must use outreach and marketing to break the cultural barriers that inhibit usage of veterans' services among the female veteran population.
To further our efforts to obtain better benefits and VA service for women veterans, the DAV cosponsored, with the White House Office on Women's Initiatives and Outreach, the VA 2000 National Summit on Women Veterans Issues. The event, held in Washington, D.C., from June 23 to June 25, 2000, attracted nearly 350 participants. In addition to women veterans from across the country, representatives from Federal and state agencies, congressional staff, veterans' organizations, and veterans' service providers attended. The summit's goal was to create a forum for participants to discuss current initiatives for women veterans, identify issues of concern to the community of women veterans, and develop recommendations to address these matters through legislative, programmatic, and outreach activities. Specifically, the forum provided an update on current Federal initiatives for women veterans, with particular focus on health care for women veterans and related research, homelessness, benefits, minority women veterans' issues, women in war, and the transition of women veterans from military to civilian life and careers. All indications are that this was an extremely beneficial and productive summit.
In June, we also had an opportunity to comment in written testimony to the Senate Judiciary Committee on the Government's opposition to efforts by American former prisoners of war to obtain compensation from Japanese companies for having been forced into slave labor. We discussed the injustice of our Government acting to prevent this legal action, and urged that it not stand in the way of the POWs seeking compensation for their enslavement and forced labor.
Over the past 12 months, we continued almost nonstop our effort to get legislation to remove the court-imposed well-grounded claim requirement and restore VA's duty to assist. We worked closely with Senator John McCain's office on this, among a number of issues concerning veterans. On June 8, 2000, Senator McCain introduced, in the form of an amendment to the National Defense Authorization bill, legislation to correct the well-grounded claim and duty to assist problem. Although S. 1810, a bill addressing the same problem, was already pending before the Senate Veterans' Affairs Committee, the bill was not moving forward with the speed it deserved, considering the magnitude of this problem. Senator McCain's amendment was accepted and was included in the National Defense Authorization bill passed by the Senate later that month. However, much opposition by members of the Veterans' Affairs Committees in both chambers placed its ultimate inclusion in that legislation in doubt. We therefore continued to support other legislation to remedy the problem. We recommended some changes to a Senate draft bill on the subject, but we expressed serious reservations about provisions in a new House bill, H.R. 4864, that addressed this issue.
After intense negotiations between DAV and congressional staff, the House Veterans' Affairs Committee amended H.R. 4864 in its markup on July 20, 2000 to resolve some of our concerns but did not correct all the problems we pointed out. The House passed H.R. 4864 on July 25, 2000.
The Senate draft bill was one of the subjects of a July 20, 2000, hearing in the Senate Veterans' Affairs Committee. In addition to recommending changes to the bill to make it more favorable to veterans, we testified in support of a COLA for compensation and DIC, about claims processing by the VA, and about a broad range of other improvements in veterans benefits and programs. In its July 27, 2000, markup of this legislation, the Committee amended S. 1810 to include the provisions from its draft bill regarding the duty to assist and the other benefit improvements. As is customary, the Committee included the compensation COLA in a separate bill.
Meanwhile, we had testified at a hearing on July 24, 2000, before the Health Subcommittee of the House Veterans' Affairs Committee on recommendations that would require pharmaceutical manufacturers to offer other Government entities the same discounts they give to VA under special rules and agreements. Because the recommendation would require the pharmaceutical companies to sell a higher volume of medicines at substantially reduced prices, we expressed concern that it would cause them to raise the prices of drugs for all customers, including VA, to make up for the loss in profits. This would in turn require more of the appropriations for health care to be spent on medications and perhaps reduce other medical services for veterans.
Throughout the year, we have commented on or lobbied for or against provisions affecting veterans in several other bills. To strengthen our leverage over Congress, we have forged alliances with other organizations and associations that have goals in common with us. As a result, we have had VA employees' unions and private associations stand along side of us in the budget battle and in other efforts to advance the interests of disabled veterans and their families. We have attended numerous sessions with our partners and VA to discuss and formulate ways to improve veterans' benefits and their delivery. We have worked with our communications staff to promote better public understanding of veterans' issues and the merits of veterans' programs and benefits. As you can see, our activities have been extensive. In many places, direct evidence shows our various efforts have been or are about to be fruitful. We have won many of the preliminary battles and are well positioned to prevail ultimately in this year's quest to improve programs for veterans.
As of the date of this writing, we have several pieces of important legislation in House-passed and Senate-passed bills that have not been passed in uniform bills by both chambers and signed into law by the President. Naturally, one of the most important among these is the VA appropriations bill for FY 2001. The House passed its version of the appropriations bill, H.R. 4635, on June 21 and referred it to the Senate for consideration. The bill provides $20.3 billion for VA health care, the amount requested in the President's budget and an increase of about $1.4 billion above the FY 2000 level. The House bill increased funding for medical and prosthetics research to $351 million, $30 million above the President's request and last year's amount of $321 million. For the Veterans Benefits Administration (VBA), the bill provides $782 million, about $26 million less than the President's request. The President had sought this substantial increase to cover personnel costs of 440 additional employees for VA's Compensation and Pension Service. The House bill provides $107 million for the National Cemetery System, $10 million over the amount appropriated last year. The bill funds the construction grant program for state homes at $90 million above the amount the President requested in his budget for FY 2001.
The Senate passed S. 1402, the Veterans and Dependents Millennium Education Act, in July of 1999. On May 23, 2000, the House amended S. 1402 by replacing the Senate's provisions with the provisions from the companion House bill, H.R. 4268. The bill is now again before the Senate. As amended by the House, the bill's major provisions would raise the monthly Montgomery GI Bill allowance and the Survivors' and Dependents' Educational Assistance allowance ("Chapter 35" program) to $600 effective October 1, 2000, and $720 effective October 1, 2002; provide for automatic annual COLAs in the Chapter 35 program; and authorize payments of Chapter 35 benefits retroactive to the date of the rating for the veteran's disability or death from which eligibility is derived.
As passed by the Senate on July 13, 2000, the National Defense Authorization Act for Fiscal Year 2001, S. 2549, includes several provisions to improve veterans' benefits. Chief among these provisions are those that authorize full concurrent receipt of VA disability compensation and military retired pay and the McCain amendment to restore the VA's duty to assist. The bill would remove the restriction that authorizes VA to furnish a headstone or marker for unmarked graves only. It would also authorize transfer of servicemembers' educational assistance benefits to their dependents, allow individuals enrolled under the Post-Vietnam Era Veterans' Educational Assistance program to elect to participate in the Montgomery GI Bill program, and maintain health care benefits for certain military retirees who are 65 or older that are lost under current law upon attaining age 65.
The House passed H.R. 4850 on July 25, 2000, along with, H.R. 4864, its duty to assist bill. H.R. 4850 would increase compensation, DIC, and the clothing allowance, effective December 1, 2000, by the percentage of the annual rise in the cost of living. It would also authorize service connection for stroke or heart attack suffered by a reservist performing inactive duty for training, authorize special monthly compensation for loss of one or both breasts, and permit certain members of the Ready Reserve to participate in the Servicemembers' Group Life Insurance program.
The Senate Veterans' Affairs Committee's bill to increase compensation and related benefits contains no other changes to benefit programs. S. 1810 includes essentially all the other veterans' benefits changes the Senate intends to make this year. In addition to restoring VA's duty to assist, S. 1810 would authorize special monthly compensation for female veterans who suffer the service-connected loss of one or both breasts. It would authorize Chapter 35 benefits retroactive to the date of the disability or death rating that qualified the dependent or survivor for educational assistance, increase the maximum amount of the housing loan guarantee, extend eligibility for interment in national cemeteries to certain Filipino veterans of World War II, establish benefits for birth defects in children of female veterans, and require review of the accuracy of radiation dose estimates for nuclear testing participants. It would enhance authorities for employment of veterans and enhance life insurance benefits under the Servicemembers' and Veterans' Group Life Insurance Programs. It would make a number of technical changes pertaining to education benefits, health care, VA property management, and other matters.
Numerous other bills contain provisions beneficial to disabled veterans, and our efforts to obtain a number of benefit improvements are ongoing. We have the means to continue the fight for justice in our benefit programs. Our grassroots network continues to grow. We continue to regularly review and update our tools of the trade. In almost every aspect of our advocacy, our approach relies more and more on modern communications technology. Never in history has more information been so rapidly accessible on a timely basis to so many. The benefits of the Internet are too immense for us to yet fully comprehend, but we intend to use its developing technology to our fullest advantage. As we keep abreast of the rapidly changing world of technology, we will regularly review our business practices to ensure we are accomplishing our goals in the most efficient and effective manner. We will continue to take the pulse of our constituency to ensure we are meting the changing needs of veterans and bringing the most important new issues to the forefront. We will reflect on and learn from our experiences to help us better see the whole picture, including our picture for the future. We will set the stage for even better things to follow. We will constantly evaluate what we are thinking, what we are doing, and where we are going.
Your role as members of the DAV and Auxiliary will continue to be central to our continued successes as the leading advocate for disabled veterans. We will continue to tap into your pioneering spirit and dedication to enhance our prowess in the legislative arena. Our strength still lies in unified, coordinated action. We lead the field in grassroots lobbing on veterans' issues. We are resolved to succeed, and that is a major ingredient of our success. Without a doubt, our achievements directly reflect the effectiveness of our approach and the dedication of our members.
However, in this world of change, one thing will remain constant-our primary aim and determination to build better lives for America's disabled veterans. Until all of our Nation's disabled veterans are cared for, we cannot close the books on this struggle.
We regularly face serious challenges, and this year was no different, but we weathered the storms, passed significant milestones, and logged many positive accomplishments. We did it together. We have a track record in the past, a strategy for the future, and a committed membership. We look to the future with great expectations and tremendous optimism. Every year with this report it is clear that the future is close. Indeed, it is as close as tomorrow. Let me congratulate all of you on a job well done and tell you I look forward to working with you tomorrow. I extend my deepest appreciation to all of you who helped make this a great year for the DAV.
Report closed 7/28/00
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FROM: Joseph A. Violante, National Legislative Director
SUBJ: LEGISLATIVE ANNUAL REPORT DATE: August 30, 2000
I have attached a copy of the Legislative Department's Annual Report for 1999-2000 for your information.
Thank you for your continued support. Our success this year is due in large part to your efforts. You have always been willing to take the time to make phone calls, write letters, and send e-mails to your elected representatives, whenever we have called on you to do so. This year's annual report again takes note of how important your participation is in our grassroots lobbying efforts.
Again, thank you for your fine support.
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Accommodations in DC: If interested in a short stay and want to save money while visiting the sites in Washington, DC, this could be your answer. Enlisted and family members can get a room on the 320 acre campus of the US Soldiers' and Airmen's Home (USSAH) in Washington, DC for $20 a night. It does not have chain motel accommodations with a microwave, computer hookup, refrigerator, TV, etc., but you do get a bed and a bathroom. The USSAH is about 2.5 miles north of the US Capital. Website http://www.ncaba.org/centers/soldiers.htm provides map to locate US Soldiers and Airmen's Home. During your stay you can purchase meal tickets to eat in the USSAH full service cafeteria at $3 for breakfast and $7 each for dinner and supper. Parking is free and if you don't want to drive in DC, mass transit is available. If interested in a short stay and want to save money while visiting the sites in Washington, DC, this could be your answer. Call (202) 730-3044 or 722-3143 for information and reservations. [Source: Max Facts 41-00 dtd 24 AUG 00 & websites noted]
Accommodations in NY: If visiting New York City check out the Soldiers', Sailors', Marines & Airmens' Club located at 283 Lexington Ave. & 37th St.. This mid-town Manhattan facility is close to the theater district, Empire State Bldg., United Nations, and Fifth Ave. The Club provides convenient, affordable accommodations to Active Duty, Retired, Reserve/National Guard and honorably discharged veterans of the U.S. Armed Forces and its Allies. Also welcome are Service Academy & ROTC Cadets/Midshipmen, Merchant Seamen, Widows & Widowers, Dependants and Sponsored Guests of eligible individuals.
The SSMAC rents beds, not rooms. Rooms fall into the following configurations: 2 Beds to accommodate couples or guests booking as a party of two; 6 rooms with 3 beds each; 1 room with 4 beds and 1 room with 6 beds to accommodate families or groups. Cribs and additional beds are not available for use in rooms. Guests checking in alone may have to be booked into rooms with other guests of the same gender. There are separate communal bathrooms and showers for men and women. The Club consists of five floors without elevator, as it was originally a private brownstone. A free continental breakfast in the canteen is provided on Sunday and Holiday mornings. No meals are served and there is no room, bell or personal laundry service. Nearby restaurants provide quick delivery of take-out orders for no extra charge. Self-service laundries are nearby. Rooms do not have TV’s or telephones, but there is a pay phone in the building. Common use areas include a Canteen with a TV, a library and lounges. Children age 3 and under stay free when occupying a bed with a parent. Children ages 4 to 12 pay $15.00 per night. Children 13 and over pay adult rates. Reservations and current daily, weekly, and weekend rates for rooms with two beds can be obtained at [email protected] or by calling (212) 683-4353/4374Fax & (800) 678-8443.
Additional details can be obtained at http://www.ssmaclub.org .
The USO of New York is available at the club and can provide you with maps, brochures and information on attractions, places of interest and local color in the Greater New York City area. They can also offer you discounts on: Broadway Tickets, Off-Broadway Theaters, Hotel Reservations, Sightseeing Bus Tours, Sightseeing Boat Tours, and Club Admissions. Tickets for professional and collegiate athletic and sporting events are frequently available on the day of the event. Uniform requirements and guest privileges are subject to individual management policies. Many hotels in the New York City area to offer a special USO discount rate for military personnel and their families. Service personnel can make their hotel reservations in person, by phone, fax or through the mail. Ask about special rates for children. Additional information is available at [email protected]. [Source: Web site http://members.aol.com/usonyc16 25 AUG 00]
Lt. James "EMO" Tichacek USN (Ret)
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VA National Cemetery Project: Under the Veterans Millennium Health and Benefits Act the VA National Cemetery Administration (NCA) goal is to ensure that the burial needs of veterans are met with cemetery locations within 75 miles of major metropolitan areas. Over the past two years national cemeteries have opened in New York (Saratoga), Illinois (Abraham Lincoln, near Joliet), Texas (Dallas-Fort Worth), and Ohio (Western Reserve, near Cleveland). NCA is looking to establish national cemeteries at other areas such as Atlanta, Detroit, Miami and Sacramento with plans in development for cemeteries in Pittsburgh and Oklahoma City. Some existing cemeteries, such as the Jefferson Barracks National Cemetery, which serves the St. Louis area, will expand. The new cemeteries should be open and serving veterans around 2005.
There are currently 119 national cemeteries in the continental United States and Puerto Rico. Of those, 61 are open to all interments, 31 can receive cremated remains and family members of those already interred, and 27 are closed to new interments, but may accommodate family members in already occupied gravesites. The inventory of land available at most of the larger new cemeteries can provide gravesites for the next 50 to 100 years. National cemeteries can take five to seven years to develop, range in size from 400 to more than 1,000 acres and can cost up to $24 million. Sometimes the VA enters into partnerships to establish state-run cemeteries to reduce costs. Under the VA grant program the state is provided all of the cemetery construction funding in return for the state pledging to manage, administer and fund the operation of that cemetery.
The NCA serves the nation’s 25 million living military veterans. That population is rapidly declining [550,000 veterans died in fiscal 1999]. Over 1,000 World War II veterans are dying each day in addition to another 500-plus veterans from other periods of service. Veteran deaths will continue to increase and reach an estimated peak of 620,000 in 2008. It is anticipated the NCA will be able to serve about 90 percent of the nation’s veterans within their 75-mile criterion. Information on VA cemeteries and veterans’ interment benefits is available at www.cem.va.gov. [Source: Roger R. Rapp, NCA Deputy Undersecretary for Operations 22 AUG 00]
Lt. James "EMO" Tichacek USN (Ret)
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ABSENTEE BALLOT REQUEST: Don’t forget to vote if you want to be sure your legislators are pro military retiree. Most RAOs and Embassies can provide forms and addresses of where to obtain your ballot. In general, states require a completed Federal Post Card Application (FPCA) to be submitted to the appropriate local election official, so that it arrives at least 30 days before the election. The FPCA acts as a simultaneous request for registration and/or an absentee ballot. It is recommended that unregistered citizens submit the FPCA at least 60 days prior to the election with registered citizens aiming for 45 days before the election. Voting Assistance Guide 2000-01 provides state-specific instructions and deadlines. Also, as a general rule, the FPCA is only valid for one calendar year. While a citizen may have been permanently registered when he/she previously submitted a FPCA, he/she should submit a new FPCA every year in which he/she wishes to vote. This provides a current mailing address to the Local Election Official since election materials are generally not forwarded in the mail.
United States citizens who have never lived in the U.S., but have a parent who is a qualified elector may be able to register and vote in elections for Federal offices using that parent’s address. The states of Georgia, Iowa, New York, Oklahoma, Oregon, Rhode Island, and Tennessee have passed legislation allowing these citizens to claim the legal residence of a parent for voting purposes. Also, local election officials in other states may allow these citizens to vote for Federal offices. The Federal Voting Assistance Program recommends that these citizens be allowed to vote in elections for Federal offices where either parent is eligible to vote under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), however this decision is made by the State.
Your “legal state of residence” for voting purposes is the state you last resided immediately prior to your departure from the U.S. This right extends to overseas citizens even though they may no longer own property or have other ties to their last state of residence and their intent to return to that state may be uncertain. Keep in mind that exercising your right to vote in elections for Federal offices only does not affect the determination of residence or domicile for purposes of any tax imposed under Federal, state or local law. Voting in an election for Federal offices only may not be used as the sole basis to determine residency for the purposes of imposing state and local taxes. If you claim a particular state as your residence and have other ties with that state in addition to voting, then you may be liable for state and local taxation, depending upon that particular state law. Appendix E of the 2000-01 Voting Assistance Guide contains information on probable tax obligations (Probable State Income Tax Liability). Legal counsel should be consulted for specific questions or situations.
Election laws vary from state to state. The Voting Assistance Guide contains instructions and guidelines for each state. It is available in hard-copy format or on-line at the FVAP website www.fvap.ncr.gov. Questions can be forwarded to [email protected] . In addition, the website www.Y2Vote.org features links to state election sites as well as other election-related links. [Source: FVAP Aug 00]
Lt. James "EMO" Tichacek USN (Ret)
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PHONY EMAIL Identification: Once again a message has circuled on the Net which was intended to mislead readers. This one was the email message about the introduction of legislative proposal 602P by Representative Schnell ®? The proposal allegedly was to permit the government to charge 5 cents for every delivered Email. The first tip that this was a hoax is that Congress does not number its legislative proposals that way and the second tip was there is no Representative Schnell in the House of Representatives. If you get such
email don’t perpetuate the hoax by passing it on or even returning it. Let it die with you. Second don’t waste your elected officials time by sending an email or letter asking them to defeat this measure.
Hoaxes, myths, and rumors are best-squashed if recipients check them out before they good intentionally pass them along. A quick check at the following websites is one way to do this. This particular hoax was first listed 27 SEP 99:
http://ciac.llnl.gov/ciac/CIACHome.html CIAC [Computer Incident Advisory Capability]
http://www.Vmyths.com/ Truth About Virus Myths & Hoaxes
http://www.symantec.com/avcenter/hoax.html Contains Encyclopedia by Virus/Hoax name
http://www.datafellows.com/virus-info/hoax/ F-Secure Corp. w/Hoax warnings & List of known hoaxes
http://stiller.com/hoaxes.htm or http//www.stiller.com/hoaxa.htm Hoax News & Alphabetical listing
http://www.netsquirrel.com/combatkit/index.html The Urban Legend Combat Kit
http://www.snopes.com Urban Legends Reference Pages
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Tricare Debt Assistance Program: On July 26, 2000, the position of Debt Collection Assistance Officer (DCAO) was established at all Lead Agent offices and military treatment facilities, worldwide. The DCOA’s job is to help service members, retirees and their eligible family members with TRICARE-related debt problems understand and get assistance with these problems. Once contacted by a TRICARE-eligible beneficiary, the DCOA will intercede with all agencies involved to resolve a collection issue arising from a TRICARE claim. This includes military personnel offices, the MTFs, lead agents, network and non-network providers, TRICARE Management Activity, managed care contractors, and even debt collection agencies when appropriate.
If you receive a notice from a collection agency or a negative credit report because of a medical or dental bill, you should call or visit the nearest DCAO. To find the DCAO nearest to you, go to web address http://www.tricare.osd.mil/dcao/DCAO_Directory.doc. You must bring or submit documentation associated with a collection action or adverse credit rating. This includes debt collection letters, TRICARE explanation of benefits (EOB), and medical/dental bills from providers. The more information you can provide, the faster it will be to determine the cause of the problem. The DCAO will research your claim with the appropriate claims processor or other agency points of contact and provide you with a written resolution to your collection problem. The collection agency will be notified by the DCAO that action is being taken to resolve the issue and, if appropriate, written documentation will be provided for use with national credit reporting companies in removing unwarranted adverse credit information related to TRICARE claims. The DCAO cannot provide you with legal advice or fix your credit rating, but can help you through the debt collection process by providing you with documentation for your use with the collection or credit reporting agency in explaining the circumstances relating to the debt.
Affected personnel in remote locations may contact any debt collection assistance officer who is convenient for them. Other resources are in place at Lead Agent offices and military treatment facilities to help beneficiaries who are having problems with TRICARE claims, but have not been sent to collection agencies or who have questions about the TRICARE program. These resources include Beneficiary Counseling and Assistance Coordinators (BCAC), formerly known as Health Benefits Advisors, who can assist you with your concerns. Go to web page http://www.tricare.osd.mil/tricare/beneficiary/bcac_dir.htm to find the BCAC nearest to you. [Source: Tricare News JUL 00]
Lt. James “EMO” Tichacek USN (Ret)
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Veteran's Employment Rights: The Uniformed Services Employment and
Reemployment Rights Act (USERRA), P.L. 103-353, guarantees that all members
of the uniformed services, including veterans, reservists, and members of
the National Guard, will not suffer disadvantages in civilian employment or
be denied reemployment rights because of their military active duty or
training obligations. The law also prohibits an employer from
discrimination in employment or taking any adverse employment action
against a person because of their past, present or future military
obligations. The ban on discrimination is broad, extending to most areas of
employment, including hiring, promotion, reemployment, termination and
benefits that include credit for qualifying military service when
calculating retirement benefits. The law applies to all employers, public
or private, regardless of size. The Labor Department's VETS investigates
employment, reemployment rights, and discrimination complaints under the
law. The law covers more than 15 million members of the uniformed services
working in the private and public sectors. VETS maintains an interactive
Internet website that answers many of the most-often asked questions about
USERRA. The address is <www.dol.gov/dol/vets>. (Source: The Veterans
Journal, Vol. XIII, Edition 3 & NAUS Leg Up 26 MAY 00)
Lt. James "EMO" Tichacek USN (Ret)
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Burial Policy for Spouses: National cemetery policy states that the
surviving spouse of a veteran who remarries another veteran may choose to
be buried with either his or her first or second spouse. On the other
hand, a surviving spouse who remarries a nonveteran may not be buried with
his or her veteran spouse in a national cemetery. If the second marriage
to a nonveteran ends, however, the survivor again becomes eligible to be
buried with his or her veteran spouse. Arlington Cemetery uses different
rules. If a surviving spouse dies while remarried to either a veteran or
nonveteran, he or she may not be buried with the first spouse at
Arlington. [Source: TROA Magazine May 2000].
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FROM: Joseph A. Violante, National Legislative Director SUBJ: LEGISLATIVE ALERT
DATE: June 20, 2000
Later this week, the Senate will vote on S. 2549. This bill contains a number of provisions beneficial to veterans and military retirees. They include restoration of the Department of Veterans Affairs (VA) duty to assist, full concurrent receipt of military retired pay and VA disability compensation, and medical care for military retirees over age 65.
Please use the prepared e-mail message on DAV's web site to urge your Senators to support passage of S. 2549 today! I have also attached a sample letter.
As always, thank you for your fine support. JOSEPH A. VIOLANTE
________________________________________
As your constituent, I write to ask you to vote for S. 2549, the National Defense Authorization Act.
This bill contains several provisions that are beneficial to former servicemembers and veterans, including a provision to restore the Department of Veterans Affairs' (VA's) duty to assist claimants in developing all necessary evidence to support their claims. It also includes provisions for medical care for military retirees over age 65, and for full concurrent receipt of military retired pay and VA disability compensation.
Thank you for your consideration. I would appreciate your letting me know whether you will support this bill.
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THIS IS THE OTHER ATTACHMENT TO THE MEMO JUST SENT! (Sorry!)
As your constituent, I write to ask you to support Amendment No. 3272, "Assist Former Servicemembers with Claims Processing," to S. 2549, the National Defense Authorization Act. This amendment will improve the claims and appeal processes for veterans seeking benefits from the Department of Veterans Affairs.
Veterans seeking disability and other benefits need a claims system that is simple, helpful, responsive, and timely. This amendment will make the system work better for veterans and more efficiently for VA. Currently, VA is struggling to overcome high error rates in its claims decisions and huge claims backlogs, which result in delayed benefits for veterans. Although the availability of judicial review has had a positive effect, it has increased burdens upon the VA and veterans seeking benefits. This amendment will make changes to simplify the claims and appeals processes and correct some of the inequities in the current procedures.
Thank you for your consideration. I would appreciate your letting me know whether you will support this amendment.
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FROM: Joseph A. Violante, National Legislative Director SUBJ: IMMEDIATE ACTION NEEDED DATE: June 16, 2000
I have attached a list of the members of the Senate Armed Services Committee. At least one Senator from your state is on this Committee. We need the support of the Armed Services Committee to pass Amendment No. 3272 to the National Defense Authorization Act, S. 2549. This amendment, introduced by Senator John McCain (R-AZ), would restore the Department of Veterans Affairs duty to assist claimants in developing all evidence necessary to support their claims.
I have also attached a sample letter. Please call your Senator's office or e-mail a copy of this sample letter. Please make it clear that you are contacting them in their capacity as members of the Armed Services Committee.
Please take immediate action on this request, as the vote on this amendment is expected early next week. As always, thank you for your support.
_____________________________
JOSEPH A. VIOLANTE National Legislative Director JAV:lmb Attachments
SENATE ARMED SERVICES COMMITTEE
Name
Address
Telephone Number
John Warner (R-VA), Chairman
225 Russell Senate Office Building
Washington, DC 20510-4601
(202) 224-2023 (phone)
(202) 224-6295 (fax)
Strom Thurmond (R-SC)
217 Russell Senate Office Building
Washington, DC 20510-4001
(202) 224-5972 (phone)
(202) 224-1300 (fax)
John McCain (R-AZ)
241 Russell Senate Office Building
Washington, DC 20510-0303
(202) 224-2235 (phone)
(202) 228-2862 (fax)
Robert C. Smith (R-NH)
307 Dirksen Senate Office Building
Washington, DC 20510-2903
(202) 224-2841 (phone)
(202) 224-1353 (fax)
James M. Inhofe (R-OK)
453 Russell Senate Office Building
Washington, DC 20510-4503
(202) 224-4721 (phone)
(202) 228-0380 (fax)
Rick Santorum (R-PA)
120 Russell Senate Office Building
Washington, DC 20510-3804
(202) 224-6324 (phone)
(202) 228-0604 (fax)
Olympia J. Snowe (R-ME)
250 Russell Senate Office Building
Washington, DC 20510-1903
(202) 224-5344 (phone)
(202) 224-1946 (fax)
Pat Roberts (R-KS)
302 Hart Senate Office Building
Washington, DC 20510-1605
(202) 224-4774 (phone)
(202) 224-3514 (fax)
Wayne Allard (R-CO)
513 Hart Senate Office Building
Washington, DC 20510-0606
(202) 224-5941 (phone)
(202) 224-6471 (fax)
Tim Hutchinson (R-AR)
245 Dirksen Senate Office Building
Washington, DC 20510-0403
(202) 224-2353 (phone)
(202) 228-3973 (fax)
Jeff Sessions (R-AL)
493 Russell Senate Office Building
Washington, DC 20510-0104
(202) 224-4124 (phone)
(202) 224-3149 (fax)
Carl Levin (D-MI), Ranking Minority Member
459 Russell Senate Office Building
Washington, DC 20510-2202
(202) 224-6221 (phone)
(202) 224-1388 (fax)
Edward M. Kennedy (D-MA)
315 Russell Senate Office Building
Washington, DC 20510-2101
(202) 224-4543 (phone)
(202) 224-2417 (fax)
Jeff Bingaman (D-NM)
703 Hart Senate Office Building
Washington, DC 20510-3102
(202) 224-5521 (phone)
Robert C. Byrd (D-WV)
311 Hart Senate Office Building
Washington, DC 20510-4801
(202) 224-3954 (phone)
(202) 228-4467 (fax)
Charles S. Robb (D-VA)
154 Russell Senate Office Building
Washington, DC 20510-4603
(202) 224-4024 (phone)
(202) 224-8689 (fax)
Joseph I. Lieberman (D-CT)
706 Hart Senate Office Building
Washington, DC 20510-0703
(202) 224-4041 (phone)
(202) 224-9750 (fax)
Max Cleland (D-GA)
461 Dirksen Senate Office Building
Washington, DC 20510-1005
(202) 224-3521 (phone)
(202) 224-0072 (fax)
Mary L. Landrieu (D-LA)
702 Hart Senate Office Building
Washington, DC 20510-1804
(202) 224-5824 (phone)
(202) 224-9735 (fax)
Jack Reed (D-RI)
320 Hart Senate Office Building
Washington, DC 20510-3903
(202) 224-4642 (phone)
(202) 224-4680 (fax)
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MILITARY PENSION LOANS: Military retirees have been receiving emails and
letters by mail from companies who are offering loans in exchange for their
retirement pensions. Many retirees are wondering if this is a scam. It is
not. The Florida Department of VA Affair's general counsel has checked
with the Attorney General's consumer fraud section and with The Retired
Officer' Association. As it turns out, these companies are legitimate.
However, the terms of the loan are indeed stringent. They will lend against
your pension; they require a life insurance policy to be purchased for the
amount of the loan, naming the company as the beneficiary; and they
discount the pension by a high percentage, in some cases 40 per cent. It
can be compared to one of the companies that will make a loan immediately
against your IRS refund based upon the expectation that you will get the
refund. This may not be the best use of your money. Additional info on this
can ber found on the at http://www.floridavets.org/retireeloans.htm or go
to http://www.floridavets.org and click on Military Retirees. [Source:
TROA FL CoC IMMC 2 JUN 00]
Lt. James "EMO" Tichacek USN (Ret)
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FROM: Joseph A. Violante, National Legislative Direct SUBJ: IMMEDIATE ACTION NEEDED DATE: June 9, 2000
Senator John McCain (R-AZ) has introduced an amendment to S. 2549, the National Defense Authorization Act. This amendment, No. 3272, would restore the Department of Veterans Affairs duty to assist claimants in developing all evidence necessary to support their claims. The amendment is modeled after S. 1810, introduced by Senator Patty Murray (D-WA).
A vote on this amendment is expected next week. Please take immediate action by calling or writing your Senators today to urge their support for this important amendment. I have attached a sample letter for your convenience. There is also a prepared e-mail message on our web site at www.dav.org.
As always, thank you for your support.
_______________________
JOSEPH A. VIOLANTE National Legislative Director JAV:lmb Attachment
As your constituent, I write to ask you to support Amendment No. 3272, "Assist Former Servicemembers with Claims Processing," to S. 2549, the National Defense Authorization Act. This amendment will improve the claims and appeal processes for veterans seeking benefits from the Department of Veterans Affairs.
Veterans seeking disability and other benefits need a claims system that is simple, helpful, responsive, and timely. This amendment will make the system work better for veterans and more efficiently for VA. Currently, VA is struggling to overcome high error rates in its claims decisions and huge claims backlogs, which result in delayed benefits for veterans. Although the availability of judicial review has had a positive effect, it has increased burdens upon the VA and veterans seeking benefits. This amendment will make changes to simplify the claims and appeals processes and correct some of the inequities in the current procedures.
Thank you for your consideration. I would appreciate your letting me know whether you will support this amendment.
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VA Care For Terminal Patients: There is NO distinction as far as VA payment for
medical services is concerned. VA pays for authorized medical services related
to service-connected disabilities. Terminally diagnosed patients who remain in
the hospital will continue to receive the same care and support from the VA
that they did prior to being diagnosed terminal. In some instances the family
of the patient or the patient himself may want to return home or transfer to a
Hospice. This is not a problem as long as appropriate care to ease suffering
and provide maintenance can be administered and is available. If this is
anticipated proper advance planning will alleviate problems and ensure
continued funding of treatment from the VA.
If requested the VA will arrange for home health care [subject to
availability in the community] when medically indicated by the VA Primary Care
Physician. This applies whether terminal or not. Care must be consistent with
community standards for care, is for the treatment of service-connected
disability, and is a preferred alternative to hospitalization. Home health
care is called for when the patient is no longer mentally or physically able to
personally administer medications or shots, control elimination, or maintain
personal hygiene. All prescribed medications, physician visits, oxygen and
other special equipage required to keep the patient alive or ease suffering are
chargeable to the VA.
Aid & Attendance: To obtain additional benefits for home treatment Aid and
Assistance must be requested. This is a benefit paid in addition to either
disability compensation or pension. If the veteran is already receiving
benefits a written request, over the veteran's signature is usually adequate to
open a claim. If the veteran has never filed a claim for disability benefits,
a formal application (VA Form 21-526) would have to be filed along with the
request for A&A. Approval time by the VA is subject to the Regional Center's
current workload. Generally, most regional offices will try to expedite a
claim if the veteran is terminally ill, and are often able to give a decision
in 30 days or less.
Normally, the effective date of an approved entitlement is the date the
claim is received by the VA. However, there are provisions where the effective
date can be retroactive to the date of admission to a VA hospital, or a non-VA
hospital if the veteran was maintained at VA expense. In the event the patient
dies before approval the family may be paid (with certain restrictions) any
benefits which accrued but were not paid to the veteran before his death.
Reimbursement from accrued funds for actual expenses paid occur only when there
is no qualifying dependent and is then limited to the amount of the accrued
expenses.
A&A will be denied if the veteran did not qualify for pension and/or the
condition(s) causing the need for A&A is not related to service. Also, if the
veteran does not actually need the aid and attendance of another person as
determined by the VA.
Hospice: Veterans may be more comfortable spending their remaining days in a
Hospice that can provide appropriate care for terminally ill patients who need
assistance. VA will authorize this provided there is a VA approved facility
available. In the Philippines there are no authorized Hospice facilities.
Termination of Care: A patient can request termination of care even if his
family disagrees. However, it can only happen if the patient, while he is
still physically and mentally able to make decisions for himself has made a
"durable power of attorney". The "durable power of attorney" is a legal
document witnessed by the patient's next of kin in the presence of a lawyer.
This document would state the patient's wishes in the event that his condition
is terminal. VA legal counsel indicates a durable power of attorney is the
closet legal document to a "living will" or "advanced directive". This document
should be honored by the VA fee basis hospital and should be presented to the
attending MD prior to the patient's confinement. A durable power of attorney
form (VA 10-0137) used in the US is available from the clinic in Manila. An
equivalent document prepared by local legal services may be more acceptable to
the local community.
[Source: USVA Clinic Manila 3/8/00] Lt. James "EMO" Tichacek USN (Ret)
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Malpractice: A U.S. Supreme court decision in 1950, known as the "Feres
Doctrine", forbids active-duty personnel from suing the government for medical
malpractice or for any other injury they receive. Congress has repeatedly
rejected proposals to allow active-duty members to sue in personal injury cases
under the Federal Tort Claims Act. Active-duty personnel can be compensated in
other ways for malpractice. They can receive retirement disability. If they
are severely injured because of malpractice they are entitled to certain SS and
VA benefits. Technically, active-duty personnel can ask congress to pass a
so-called private relief bill to give them financial compensation. However,
such legislation is rare and almost always opposed by the Pentagon.
Family members and retirees are in a different category. They can sue
for personal injury compensation in cases of medical malpractice or other
negligence by a government employee. Many states have ceilings on the amount
of money that can be paid in malpractice cases. Administrative claims must be
exhausted before an individual goes to a court with a lawsuit. Filing a
malpractice claim against the service is relatively simple, though it may take
years before a final judgement is reached. To file, family members and
retirees fill out a form at a base claims office, stating the basis for their
belief that malpractice occurred and asking for a specific amount of damages.
A claim must be filed within two years of the alleged malpractice. Retirees
can only file for malpractice that occurred after they retired. It is a good
idea to have legal help in filling out the form, but a lawyer is not required.
Most of the military's legal powers in such cases are on the government's
side. Military lawyers can help an alleged malpractice victim file such
claims, but cannot officially represent the victim. Local lawyers for the
military can settle claims for small amounts, but most malpractice claims are
forwarded to the main offices of the service branch concerned.
The military has six-months to review the claim. Settlement of claims at
this point avoids costly litigation, both for the injured person and the
government. If the settlement offer is unsatisfactory, an individual can
negotiate for more. If still unsatisfied, they can go to court. Also, if the
military makes no offer within six months the individual can sue.
In 1991, the U.S. Supreme court ruled that family members couldn't sue
service doctors overseas. However, in cases of medical care provided overseas,
family members may file administrative claims for compensation. In these
cases, family members dissatisfied with a claims decision can appeal directly
to the service secretary or judge advocate general, depending on the size of
the claim. It is not unusual for a decision to be reversed or for a claim
award to be increased. The decision in such an appeal is not subject to court
reviews. [Source: Military Times Handbook APR 00]
Lt. James "EMO" Tichacek USN (Ret)
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FROM: Joseph A. Violante, National Legislative Director
SUBJ: OUTCOME OF VOTE ON H.R. 853
DATE: May 17, 2000
Late on May 16, 2000, the House voted 250-166 to defeat H.R. 853, a bill that, among other things, would have changed the current non-binding budget resolution to a joint resolution that would become law if signed by the President. The bill would have required that all programs except Social Security be reauthorized every 10 years and that all new programs be authorized for no more than 10 years.
Over the last two days, over 700 e-mails were sent from our web site. Thank you for your overwhelming support of our position on this bill.
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Pain Relief Internet Sources: A study by the American Pain Society [APS] in
1999 revealed that 9% of adult Americans experience moderate to severe
non-cancer related pain. Studies also show that unrelieved pain tends to
intensify. If you are one of those affected you may want to review the
article in the RAO's Bulletin Medical Supplement on Living With
Pain. Following are Internet resources that may be of assistance to you:
American Academy of Pain Medicine [AAPM], 4700 W. Lake Ave., Glenview IL
60025 Tel: [847] 375-4731 Website: www.painmed.org. AAPM is an organization
of physicians specializing in pain medicine.
American Chronic Pain Association [ACPA], O Box 850, Rocklin CA 95677 Tel:
[916] 632-0922 Website: www.theacpa.org. ACPA is a leading support group
with 800 chapters worldwide. It has an informative newsletter and
workbooks. A free packet of info is also available. ACPA sponsors family
groups to help manage the lifestyle changes and difficulties that come with
living with a person in chronic pain.
American Pain society [APS], 4700 W. Lake Ave., Glenview IL 60025 Tel:
[847] 375-6315 Website: www.ampainsoc.org. APS is a multidisciplinary,
not-for-profit educational and scientific organization for clinicians and
researchers. It has information on resources, Internet news groups, and
pain facilities listed by state.
American Society for Action on Pain [ASAP], PO Box 3046, Williamsburg VA
23187 Tel: [757] 229-1840 Website: www.actiononpain.org. ASAP is an
information, support, and advocacy group. Its website contains numerous
links and information including a "panic button" for rapid help in locating
pain specialists.
Chrinic Pain Forum Website: http://come.to/painsupport. An Internet
support and patient advocacy group working for legislative change. Has
numerous links and message boards, a weekly email newsletter, and
information on finding pain specialists.
Chronic Pain Worldwide Webring Website: www2.dmci.net/users/cyberlaw. A
good place to start for numerous links to a variety of resources.
PainCentral.com Website: www.paincentral.com. A website with chat area, an
extensive library, and links to related areas.
Stress Therapy Solutions, 25823 Science Park Dr. #100, Beachwood OH 44122
Tel: [216] 766-5707 Website: www.chronicpainsolutions.com. Has a quarterly
newsletter linking traditional and natural medical care.
A world of Information on Pain Website: www.pain.com. Offers a list of
pain specialists, message boards, chat areas, and listings of pain clinics
worldwide.
[Source: TROA Magazine OCT 99]
Lt. James "EMO" Tichacek USN (Ret)
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FROM: Joseph A. Violante, National Legislative Director
SUBJ:IMMEDIATE ACTION NEEDED ON H.R. 853
DATE: May 15, 2000
Following is a copy of a letter sent from DAV National Commander Michael E. Dobmeier to all members of the House of Representatives. As you will note, this letter urges House members to vote against H.R. 853.
Under provisions in H.R. 853, veterans' programs would automatically expire if not reauthorized every 10 years. This would put the future of veterans rights and benefits in serious jeopardy.
This bill is scheduled for a vote tomorrow on the House floor. You are therefore urged to immediately have as many veterans and family members call or send similar E-mail messages to your House members strongly urging them to vote against H.R. 853. We are preparing an E-mail message on this issue for our legislative service on DAV's website.
_________________May 15, 2000
TO: EVERY MEMBER OF THE HOUSE OF REPRESENTATIVES (NOT FORBES)
Dear Representative :
As National Commander of the Disabled American Veterans, I write to urge you to vote against H.R. 853, which would provide for automatic termination of veterans' programs unless reauthorized every 10 years.
We owe a lasting indebtedness to the veterans who make great sacrifices to serve in our Nation's Armed Forces. We have a continuing moral obligation to disabled veterans, particularly. Veterans paralyzed during service or those who suffer the loss of limbs or eyesight, or who suffer with any service-connected disability, continue to pay the price of our freedoms for the rest of their lives. To suggest that we, as a Nation, must reexamine and renew our commitment to care for them every decade is shameful and an insult to those who gave so much for us. Sadly, some in Congress do not seem to appreciate our solemn indebtedness to veterans and do not understand that veterans' rights and benefits should remain above the everyday politics and the politics of the Federal budget.
Thank you for your consideration of this matter. Please let met know whether veterans can count on your support.
Sincerely,
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VA Transportation Entitlement: As noted in our previous message there is
no program through which Chrysler corporation furnishes vans to
vets. However the VA does have a program for qualified handicapped vets to
assist them in the purchase of vehicles. This program can be used for a
variety of car
or van conversions necessary to provide disabled veterans mobility
worldwide. Each veteran who has a service connected rating for loss of use
of one or more extremity, regardless of percentage of disability assigned,
is eligible for the VA transportation entitlement. Vets can have one
vehicle adapted every two years. An initial one-time entitlement of $8000
is applicable to the vehicle purchase price inclusive of standard equipment
not specifically required to accommodate the veteran's handicap [i.e
Automatic Transmission, Power Brakes, Power Steering, Air Conditioning,
etc]. A vet does not need to use the $8000 to buy a car before he can use
the adaptive equip grant--for example a vet looses a leg due to diabetes.
He would have entitlement to the $8000, but he might be happy with the car
he has so he can get adaptive equip for the car he owns and use the $8000
later when he buys a new or used replacement car.
There is no limit to the reimbursable cost of special adaptive
equipment but the type needed must be authorized by prosthetics. Cost of
standard equipment can also be reimbursed if it is necessary because of the
service-connected loss. The following special adaptive equipage are some,
but not all, currently available for installation under this entitlement:
- wheelchair lift
- power door opener
- wheelchair lock down device
- power seat base to move seat fore and aft and swivel about 100 degrees
- custom designed and built power seat back recliner for driver's seat
- hand controls
- adaptation of power steering for a further reduction in steering effort
- radio remote control for the door and lift
- Secondary battery to power lift, seat, and door
Arrangements for the vehicle, its conversion and payment are the
responsibility of the veteran. To initiate action on adaptive equipment,
the vet must obtain a VA Form 10-1394 from a Prosthetics Chief at a VA
Medical Center and have it signed by his physician as verification of need
for the equipment. To initiate action to receive the one-time $8000
purchase entitlement the vet must request a VA Form 4502. The VA will then
make reimbursement for authorized cost to the veteran. A vet is free to
sell the vehicle at anytime without any reimbursement to the
government. [Source: VA Regional Office St. Paul MN 5 MAY 00]
Lt. James "EMO" Tichacek USN (Ret)
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Tricare Help Email Service [THEMS]: TRICARE beneficiaries with Internet
access can E-mail their TRICARE questions to:
[email protected]. TRICARE has experts on staff to answer
questions and pass on comments to those who handle everything from basic
TRICARE information to individual TRICARE issues, including claims issues.
Issues beyond their control, such as political/policy changes are routed to
the appropriate agency for their comments. Each-and-every E-mail is tracked
to ensure all correspondence is answered promptly and accurately.
TRICARE E-mail help is the Army's free service designed to get you
quick answers to any TRICARE question. Your inquiry will receive an
initial response from Tricare's professional administrative staff within
one (1) business day. This initial response will let you know which TRICARE
expert has been assigned to help answer your question. Afterwards, with
more difficult issues, you can expect at least a preliminary response in a
week.
The staff consists of personnel who work at Army hospitals, the
TRICARE Management Agency, the corporate headquarters (United States Army
Medical Command/Office of the Army Surgeon General), and for the Assistant
Secretary of Defense for Health Affairs. No matter what part of TRICARE
your E-mail pertains to your personal data remains confidential. Each
inquiry and response is filed so that you can always follow-up and ask for
additional assistance on the same issue. [Source: Tricare News MAR 00]
Lt. James "EMO" Tichacek USN (Ret)
8888888888888888---------------------------88888888888888888
Note: Regarding the article "VANS FOR VETS" it is a Hoax. After numerous
inquiries and much investigation the Texas Veterans Commission has
identified it as such. Just goes to show that when something sounds too
good it probably isn't true. A replacement article is being developed
which will cover the VA transportation entitlement.
Pharmacy How to obtain Medication: Active duty and retired military
members and their families can get their medical prescriptions filled in
three different ways.
- If you are enrolled in DEERS you can obtain up to a 90 day supply of
prescribed medications at no cost from any military pharmacy that has
the medications available.
- You may also be eligible to use the national mail-order pharmacy
program. Under this plan, you can get a 90-day supply of non-narcotic
medications or a 30-day supply of narcotic medications sent to your
permanent or temporary home address. The service is free to active duty
members but their family members must pay $4.00 per prescription. All
others pay $8.00 per prescription. To order drugs by mail you must be either:
Active duty service member
Retiree or other Tricare-eligible beneficiary living in the U.S. or at an
APO or FPO address overseas. [Note: Not applicable to the Philippines yet]
Medicare-eligible and living in the service area of a military pharmacy
closed by BRAC.
Uniformed Services Family Health Plan enrollee.
For additional information about national mail order call the
contractor, Merck-Medco at 800-903-4680, or visit the program Web site at:
www.ha.osd.mil/tricare/nmopp.html
- Tricare also allows you to use a retail pharmacy network to obtain
discount prescription drugs, even of you aren't enrolled in Tricare
Prime. Contact your nearest Tricare Service Center for assistance.
[Source:LAAFB Newsletter JAN-MAR 2000]
Lt. James "EMO" Tichacek USN (Ret)
8888888888888888---------------------------88888888888888888
============================================
Posted 8-1-2000
============================================
M E M O R A N D U M Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: LEGISLATIVE UPDATE DATE: August 1, 2000
On July 25, by a vote of 414-0, the House passed H.R. 4864, the Veterans Claims Assistance Act of 2000, to eliminate the requirement that a claimant first submit a "well-grounded" claim before receiving assistance from the Secretary of Veterans Affairs. Provisions in the bill would:
Eliminate the requirement that a claimant first submit a "well-grounded" claim before receiving assistance from Department of Veterans Affairs (VA)
Clarify the claimants' and VA's duties with respect to obtaining evidence in support of claims for veterans' benefits
· Require VA to obtain any relevant records in VA's possession, or within any other federal agency at no cost to the veteran
· Mandate the VA Secretary to make a reasonable effort to obtain relevant records identified by the claimant
· Require VA to provide a medical examination if warranted
· Permit veterans who had a claim denied or dismissed to request a review of those claims within two years of enactment.
While the purpose of this bill is one we strongly support, we are concerned that certain language in H.R. 4864 is open to misinterpretation by the courts and by VA. It is unclear how much of this potentially troublesome language will remain in the final version of the bill, however. Should this language cause problems in the future, we will press for appropriate amendments.
The House also passed the Veterans Benefits Act of 2000, H.R. 4850. This bill would:
· Increase, effective December 1, 2000, the rates of disability compensation for veterans with service-connected disabilities and the dependency and indemnity for survivors of certain disabled veterans
· Provide that a stroke or heart attack suffered or aggravated by a member of the National Guard or Reserve during inactive duty training be considered service connected
· Provide special monthly compensation to women veterans for the service-connected loss of one or both breasts under section 1114(k) of title 38, United States Code
· Permit certain members of the Individual Ready Reserve to participate in the Servicemembers Group Life Insurance program.
UPDATE ON THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FY 2001
As we indicated in our recent Legislative Alert, the Senate passed the National Defense Authorization Act for Fiscal Year 2001. The Senate amended H.R. 4205 by replacing the House-passed provisions with the Senate's provisions from S. 2549. We provided the names of the appointed conferees from the House and Senate who will work to resolve differences between the House and Senate-passed versions of the bill.
We appreciate the overwhelmingly positive response to our alert to take action by sending a prepared e-mail message to your elected officials and the appointed conferees requesting their support to keep the favorable provisions for veterans in the bill during the conference process. These provisions would:
· Require the VA to assist claimants in developing all evidence necessary to support their claims
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation
· Enhance and improve educational assistance under the Montgomery GI Bill
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
During the conference process, these amendments can be changed or eliminated from the bill. The DAV, along with several other major service organizations, have had meetings with the Speaker of the House Dennis Hastert (R-IL), Representative Michael Bilirakis (R-FL), and key staffers from the office of the House Armed Services Committee Chairman Floyd Spence (R-SC) on the issue of full concurrent receipt.
A total of ten veterans and military organizations were represented at these meetings, and all were in complete support of full concurrent receipt. Our meetings were successful to the extent that we were given the opportunity to convey our message about the inequity suffered by disabled military longevity retirees. However, to our disappointment, the House Leadership did not indicate that this was a priority issue or that they were willing to provide the conferees with the funding necessary to approve this measure. It is likely this provision will be stripped from the bill by the conferees if it is not supported by the House Leadership. We encourage you to continue your letter-writing campaign targeting the conferees and the House Leadership on this important issue. We will keep you posted as developments occur.
SENATE VETERANS' AFFAIRS COMMITTEE APPROVES VETERANS BILLS
The Senate Committee on Veterans' Affairs held a Markup session on July 27 and voted to report out legislation¾The Veterans' Compensation Cost-of-Living Adjustment Act of 2000 (unnumbered bill) and the Veterans Programs Enhancement Act of 2000, S. 1810, as amended.
The Veterans' Compensation Cost-of-Living Adjustment Act of 2000 would provide for an increase in the rates of disability compensation, dependency and indemnity compensation, and the dependents and clothing allowances, effective December 1, 2000. The increase would be at the same rate as the increase provided for Social Security benefits.
Senator Patty Murray's (D-WA) bill, S. 1810, was originally drafted to clarify and improve veterans' claims and appellate procedures. During markup of S. 1810, a host of other veteran's bills were added to it. Highlights of bill, as amended, include provisions to:
BENEFITS
1) Clarify and improve veterans' claims and appellate procedures.
This section of the bill would require the Secretary to:
· Make reasonable efforts to assist in the development of information and medical or lay evidence to establish the eligibility of a claimant for VA benefits
· Inform the claimant of the information needed to aid in the establishment of eligibility for benefits
· Inform the claimant of any information VA is unable to obtain
· Obtain relevant service and medical records maintained by other governmental agencies at no cost to the veteran
· Obtain relevant medical records, but only if the claimant has furnished information sufficient to locate such records
· Make a reasonable effort to obtain from private sources any other relevant records identified by the claimant
· Provide a medical examination needed for determining the existence of a current disability if the claimant submits verifiable evidence that he/she is unable to afford medical treatment
· Provide a medical examination if necessary to substantiate entitlement to a benefit
· Give the claimant the benefit of the doubt in cases when there is an approximate balance of positive and negative evidence
· Eliminate the court-imposed requirement that claimants must establish their claims are well grounded
· Readjudicate claims, at the claimants' request, denied since July 14, 1999, on the basis of not being "well-grounded"
2) Authorize special monthly compensation under section 1114(k) of title 38, United States Code, for female veterans who lose a breast as a result of a service-connected disability.
3) Authorize benefits for children of female Vietnam veterans who suffer from certain birth defects.
· The Secretary shall prescribe in regulations a list of birth defects that are associated with the service of female Vietnam veterans in the Republic of Vietnam during the Vietnam era that result in the permanent physical or mental disability of such children excluding spina bifida or birth defects determined to be a familial disorder, a birth-related injury or a fetal or neonatal infirmity with well-established causes
· Benefits and assistance provided by the Secretary to certain children of female Vietnam veterans who were born with a covered birth defect include health care by contract, vocational training, a monthly monetary allowance determined by level of associated disabilities
4) Enter into a contract with the National Academy of Sciences to carry out a review of the Dose Reconstruction Program of the Defense Threat Reduction Agency to determine whether or not the reconstruction of certain sampled doses is accurate and whether or not the assumptions made regarding radiation exposure based upon the sampled doses are credible.
HEALTH CARE
· Authorize that certain veterans, considered by the Secretary to be unable to defray the cost of necessary care not be subject to co-payments for medications.
EDUCATION
Provide improvements to Montgomery GI Bill benefits.
· Availability under survivors' and dependents' educational assistance of preparatory courses for college and graduate school entrance examinations
· Election of certain recipients of commencement of period of eligibility for survivors' and dependents' educational assistance
· Adjusted effective date for award of survivors' and dependents' educational assistance
HOUSING
· Stop reduction in assistance for specially adapted housing for disabled veterans having joint ownership of housing units
· Increase the maximum amount of VA Housing Loan Guaranty
· Terminate collection of loan fees from veteran's compensation at pre-discharge rating examinations
INSURANCE
· Establish a premium rate for Term Service Disabled Veterans' Insurance premiums for veterans age 70 or older
· Increase to $250,000 the automatic maximum coverage under Servicemembers' Group Life Insurance and Veterans' Group Life Insurance
· Provide family coverage under Servicemembers Group Life Insurance
BURIAL MATTERS
· Provide eligibility for internment in National Cemeteries for certain Filipino veterans of World War II who, at the time of death, were naturalized citizens of the United States and resided in the United States.
EMPLOYMENT
· Provide veterans' employment emphasis under federal contracts for recently separated veterans
· Require the Comptroller General to conduct an audit of veterans employment and training services of the Department of Labor.
By an 11-1 vote, the panel approved an additional amendment, introduced by Senator Paul Wellstone (D-MN) to include lung, colon, and ovarian cancer, and tumors of the brain and central nervous system in the list of presumed disabilities for Atomic Veterans. Senator Frank Murkowski (R-AK) was the only dissenting vote.
Notably, the Committee voted to confirm designate nominees Thomas L. Garthwaite, M.D., as VA Under Secretary for Health, and Mr. Robert M. Walker, as VA Under Secretary for Memorial Affairs.
The House and Senate have adjourned until the week of September 6, 2000. These matters and the Appropriations bill for VA/HUD will be considered when Congress is back in session.
During the congressional recess, we must continue to let our elected officials hear from us about those issues important to disabled veterans and their families.
As always, thank you for your continued support of our efforts on behalf of our nation's disabled veterans and their dependents and survivors.
______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
DFAS Contact Info: DFAS Cleveland provides service to our military retirees for general processing matters such as adjustment of accounts, allotment starts/stops, tax levies, changes of address, and SBP (Survivor Benefit Plan)/RSFPP (Retired Serviceman Family Protection Plan) adjustments. More specialized processing includes notifications of retiree deaths, congressional inquiries, maintenance of former spouse accounts, arrears of pay, establishment of new accounts, and maintenance of direct remittance payments. They can be contacted through the following channels:
Mail: Defense Finance and Accounting Service - Cleveland Center, Code FR, P.O. Box 99191, Cleveland, OH 44199-1126. Make sure to provide your name and SSN for identification purposes.
Phone: Toll-free 1-800-321-1080. Have your PIN (Personal Identification Number) ready. If you do not have a PIN or do not know it, you may still call their toll-free number, listen to the message and then press "0" to speak with a customer service representative who will assign one to you at that time. You may also request one in writing by mailing your request to the above address. The best time to call their office is between 8 and 10 am or between 3 and 6 p.m. EST (Eastern Standard Time). Thursdays and Fridays are usually the least busy days on which to call. Additionally, the second, third and fourth weeks of the month are less busy than the first week following payday. Also available through the toll-free phone line is an Automated Voice Response System (AVRS), which is available 24 hours a day. Using AVRS, retirees can verify a payment or correspondence address or obtain specific account information on items such as taxes, allotments/bonds, current monthly pay, year to date tax, Survivor Benefit Plan, and Department of Veterans Affairs. Access to such information is only obtained after the successful entry and matching of both the Social Security Number and the confidential PIN.
Internet: DFAS Internet address is http://www.dfas.mil. This address will give you access to DFAS' home page, DFAS Lane. DFAS Lane serves as a comprehensive information resource for DFAS customers and employees. It houses the latest information on center initiatives as well as customer service. Future plans for this web-site include allowing customers to submit their pay problems through the home page. Although, legal and security challenges must be met before we can allow for this type of access.
E/MSS [Employee/Member Self Service]: This allows you access to selected retired pay info and to make selected changes directly to your DFAS pay record via the Internet. At http://emss.dfas.mil you need only enter your SSN and a personalized pin number to allow you to change your federal tax withholding status & exemptions, start/stop/change your Direct Deposit allotments, change your correspondence address, and update your electronic funds transfer address for net pay. In time additional transactions will become available.
Email: You can send an email message to the Retired Pay Section at the Defense Finance and Accounting
Center in Cleveland, Ohio at: [email protected]. For annuitant pay matters use [email protected] They will try to answer email requests within 24 hours.
Fax: Toll-free 1-800-469-6559 (available 24 hours a day).
[Updated: 7/28/00]
Lt. James “EMO” Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
Prescription Drugs in Canada/Mexico: You will have no problem purchasing prescription drugs in Canada or Mexico, if you have a prescription written by your doctor and follow the guidelines to meet US Customs, CanadaRx, and Mexico’s Health Ministry and Association of Tijuana Pharmacies guidelines. You should also check with the state requirements where you reenter he U.S.
U.S. Customs
- declare imported medications
- importer must be the person for whom the prescription was written
- prescription drugs must be in the originally-dispensed container
- be able to show the prescription, especially if the trade or chemical name does not appear on the originally-dispensed container.
- Return with quantities only for personal use. The FDA generally describes this as a 90-day supply
Canada. Canadian law requires U.S. prescriptions be endorsed by a Canadian doctor before they can be filled at a CanadaRx pharmacy. This is a one-time requirement. The pharmacy will arrange for your appointment with a doctor and will deduct the cost of the visit from your first prescription. To get an idea of whether this will save enough money to cover travel expenses, get a prescription quote. Check via the internet at www.canadarx.net/presfile.html .
Mexico . A prescription from a U.S. physician is not sufficient. Mexican law requires a prescription from a Mexican physician. This is generally done at the time you get your prescription filled. The pharmacist is required tp keep the original prescription so make sure you don’t leave the store without a copy for customs. [Source: The social; Security & Medical Advisor NOV 99 & RAO Los Angeles AFB Newsletter JUL-SEP 00]
Lt. James “EMO” Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: IMMEDIATE ACTION NEEDED ON H.R. 4205
DATE: July 21, 2000
On July 13, the Senate passed S. 2549, the Defense Authorization Act—the Senate version was passed as H.R. 4205.
The bill will now go to conference to resolve differences between the House and Senate-passed versions of the bill. It is during this period that amendments can be changed or eliminated from the bill. Please contact the appointed Senate and House conferees and ask them to support keeping provisions favorable to veterans and military retirees in H.R. 4205 during the conference process.
I have attached a list of the House and Senate Conferees, along with sample letters to send to your members of Congress as appropriate. You can also send a prepared e-mail message from our web site at www.dav.org, by following the detailed instructions below:
Click on “Legislative Action.”
Click on “Guide to Congress.”
Under “Member Name Search,” type in your member’s last name, then click on “Go.”
Click on the link to that member.
Under member’s photo, click on “send a message.”
Choose “Conferee Letter” or “Non-Conferee Letter,” as appropriate.
Follow directions for sending e-mail.
As always, thank you for your fine support!
_______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachments
________________________________
SENATE CONFEREES FOR H.R. 4205
The Honorable _______________
United States Senate
Washington, DC 20510
John Warner (R-VA)
Carl Levin (D-MI)
Strom Thurmond (R-SC)
Edward M. Kennedy (D-MA)
John McCain (R-AZ)
Jeff Bingaman (D-NM)
Robert C. Smith (R-NH)
Robert C. Byrd (D-WV)
James M. Inhofe (R-OK)
Charles S. Robb (D-VA)
Rick Santorum (R-PA)
Joseph I. Lieberman (D-CT)
Olympia J. Snowe (R-ME)
Max Cleland (D-GA)
Pat Roberts (R-KS)
Mary L. Landrieu (D-LA)
Wayne Allard (R-CO)
Jack Reed (D-RI)
Tim Hutchinson (R-AR)
Jeff Sessions (R-AL)
HOUSE CONFEREES FOR H.R. 4205
The Honorable _________________
United States House of Representatives
Washington, DC 20515
Floyd Spence (R-SC)
Norman Sisisky (D-VA)
Ike Skelton (D-MO)
Herbert H. Bateman (R-VA)
Bob Stump (R-AZ)
Solomon P. Ortiz (D-TX)
Lane Evans (D-IL)
Curt Weldon (R-PA)
Jack Quinn (R-NY)
Owen B. Pickett (D-VA)
Bob Filner (D-CA)
John M. McHugh (R-NY)
J.D. Hayworth (R-AZ)
Martin T. Meehan (D-MA)
Joel Hefley (R-CO)
Robert A. Underwood (D-GU)
Gene Taylor (D-MS)
Mac Thornberry (R-TX)
Steve Buyer (R-IN)
Ellen O. Tauscher (D-CA)
Neil Abercrombie (D-HI)
Jim Saxton (R-NJ)
Duncan L. Hunter (R-CA)
Vic Snyder (D-AR)
_______________________________________
SENATE NON-CONFEREES
Dear Senator :
As your constituent, I write to ask that you contact Senate conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the House.
I specifically ask the conferees to support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
______________________________________
SENATE CONFEREES
Dear Senator :
As an appointed Senate conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the House.
I specifically ask that, during the conference process, you support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
_______________________________________
HOUSE NON-CONFEREES
Dear Representative :
As your constituent, I write to ask that you contact House conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the Senate.
I specifically ask the conferees to support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
________________________________________
HOUSE CONFEREES
Dear Representative :
As an appointed House conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the Senate.
I specifically ask that, during the conference process, you support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
--------------------------------------------
Ms. Renee Chevalier
M E M O R A N D U M
TO: National Officers
Supervisory National Service Officers
Department Commanders and Adjutants
National Legislative Interim Committee
Benefit Protection Team Leaders
Hospital Service Coordinators
State Directors of Veterans Affairs
DAV CAN Members
Action E-List
DAVA National Adjutant
FROM: Joseph A. Violante, National Legislative Director
SUBJ: IMMEDIATE ACTION NEEDED ON H.R. 4205
DATE: July 21, 2000
On July 13, the Senate passed S. 2549, the Defense Authorization Act-the Senate version was passed as H.R. 4205.
The bill will now go to conference to resolve differences between the House and Senate-passed versions of the bill. It is during this period that amendments can be changed or eliminated from the bill. Please contact the appointed Senate and House conferees and ask them to support keeping provisions favorable to veterans and military retirees in H.R. 4205 during the conference process.
I have attached a list of the House and Senate Conferees, along with sample letters to send to your members of Congress as appropriate. You can also send a prepared e-mail message from our web site at www.dav.org, by following the detailed instructions below:
Click on "Legislative Action."
Click on "Guide to Congress."
Under "Member Name Search," type in your member's last name, then click on "Go."
Click on the link to that member.
Under member's photo, click on "send a message."
Choose "Conferee Letter" or "Non-Conferee Letter," as appropriate.
Follow directions for sending e-mail.
As always, thank you for your fine support!
_______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachments
SENATE CONFEREES FOR H.R. 4205
The Honorable _______________
United States Senate
Washington, DC 20510
John Warner (R-VA) Carl Levin (D-MI)
Strom Thurmond (R-SC) Edward M. Kennedy (D-MA)
John McCain (R-AZ) Jeff Bingaman (D-NM)
Robert C. Smith (R-NH) Robert C. Byrd (D-WV)
James M. Inhofe (R-OK) Charles S. Robb (D-VA)
Rick Santorum (R-PA) Joseph I. Lieberman (D-CT)
Olympia J. Snowe (R-ME) Max Cleland (D-GA)
Pat Roberts (R-KS) Mary L. Landrieu (D-LA)
Wayne Allard (R-CO) Jack Reed (D-RI)
Tim Hutchinson (R-AR)
Jeff Sessions (R-AL)
HOUSE CONFEREES FOR H.R. 4205
The Honorable _________________
United States House of Representatives
Washington, DC 20515
Floyd Spence (R-SC) Norman Sisisky (D-VA)
Ike Skelton (D-MO) Herbert H. Bateman (R-VA)
Bob Stump (R-AZ) Solomon P. Ortiz (D-TX)
Lane Evans (D-IL) Curt Weldon (R-PA)
Jack Quinn (R-NY) Owen B. Pickett (D-VA)
Bob Filner (D-CA) John M. McHugh (R-NY)
J.D. Hayworth (R-AZ) Martin T. Meehan (D-MA)
Joel Hefley (R-CO) Robert A. Underwood (D-GU)
Gene Taylor (D-MS) Mac Thornberry (R-TX)
Steve Buyer (R-IN) Ellen O. Tauscher (D-CA)
Neil Abercrombie (D-HI) Jim Saxton (R-NJ)
Duncan L. Hunter (R-CA) Vic Snyder (D-AR)
HOUSE CONFEREES
Dear Representative :
As an appointed House conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the Senate.
I specifically ask that, during the conference process, you support provisions in the bill to:
* Require the VA to assist claimants in developing all evidence necessary to support their claims.
* Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
* Enhance and improve educational assistance under the Montgomery GI Bill.
* Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
* Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
HOUSE NON-CONFEREES
Dear Representative :
As your constituent, I write to ask that you contact House conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the Senate.
I specifically ask the conferees to support provisions in the bill to:
* Require the VA to assist claimants in developing all evidence necessary to support their claims.
* Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
* Enhance and improve educational assistance under the Montgomery GI Bill.
* Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
* Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
SENATE CONFEREES
Dear Senator :
As an appointed Senate conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the House.
I specifically ask that, during the conference process, you support provisions in the bill to:
* Require the VA to assist claimants in developing all evidence necessary to support their claims.
* Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
* Enhance and improve educational assistance under the Montgomery GI Bill.
* Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
* Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
SENATE NON-CONFEREES
Dear Senator :
As your constituent, I write to ask that you contact Senate conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the House.
I specifically ask the conferees to support provisions in the bill to:
* Require the VA to assist claimants in developing all evidence necessary to support their claims.
* Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
* Enhance and improve educational assistance under the Montgomery GI Bill.
* Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
* Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: IMMEDIATE ACTION NEEDED ON H.R. 4205
DATE: July 21, 2000
On July 13, the Senate passed S. 2549, the Defense Authorization Act-the Senate version was passed as H.R. 4205.
The bill will now go to conference to resolve differences between the House and Senate-passed versions of the bill. It is during this period that amendments can be changed or eliminated from the bill. Please contact the appointed Senate and House conferees and ask them to support keeping provisions favorable to veterans and military retirees in H.R. 4205 during the conference process.
I have attached a list of the House and Senate Conferees, along with sample letters to send to your members of Congress as appropriate. You can also send a prepared e-mail message from our web site at www.dav.org, by following the detailed instructions below:
Click on "Legislative Action."
Click on "Guide to Congress."
Under "Member Name Search," type in your member's last name, then click on "Go."
Click on the link to that member.
Under member's photo, click on "send a message."
Choose "Conferee Letter" or "Non-Conferee Letter," as appropriate.
Follow directions for sending e-mail.
As always, thank you for your fine support!
_______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachments
________________________________
SENATE CONFEREES FOR H.R. 4205
The Honorable _______________
United States Senate
Washington, DC 20510
John Warner (R-VA)
Carl Levin (D-MI)
Strom Thurmond (R-SC)
Edward M. Kennedy (D-MA)
John McCain (R-AZ)
Jeff Bingaman (D-NM)
Robert C. Smith (R-NH)
Robert C. Byrd (D-WV)
James M. Inhofe (R-OK)
Charles S. Robb (D-VA)
Rick Santorum (R-PA)
Joseph I. Lieberman (D-CT)
Olympia J. Snowe (R-ME)
Max Cleland (D-GA)
Pat Roberts (R-KS)
Mary L. Landrieu (D-LA)
Wayne Allard (R-CO)
Jack Reed (D-RI)
Tim Hutchinson (R-AR)
Jeff Sessions (R-AL)
HOUSE CONFEREES FOR H.R. 4205
The Honorable _________________
United States House of Representatives
Washington, DC 20515
Floyd Spence (R-SC)
Norman Sisisky (D-VA)
Ike Skelton (D-MO)
Herbert H. Bateman (R-VA)
Bob Stump (R-AZ)
Solomon P. Ortiz (D-TX)
Lane Evans (D-IL)
Curt Weldon (R-PA)
Jack Quinn (R-NY)
Owen B. Pickett (D-VA)
Bob Filner (D-CA)
John M. McHugh (R-NY)
J.D. Hayworth (R-AZ)
Martin T. Meehan (D-MA)
Joel Hefley (R-CO)
Robert A. Underwood (D-GU)
Gene Taylor (D-MS)
Mac Thornberry (R-TX)
Steve Buyer (R-IN)
Ellen O. Tauscher (D-CA)
Neil Abercrombie (D-HI)
Jim Saxton (R-NJ)
Duncan L. Hunter (R-CA)
Vic Snyder (D-AR)
_______________________________________
SENATE NON-CONFEREES
Dear Senator :
As your constituent, I write to ask that you contact Senate conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the House.
I specifically ask the conferees to support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
______________________________________
SENATE CONFEREES
Dear Senator :
As an appointed Senate conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the House.
I specifically ask that, during the conference process, you support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
_______________________________________
HOUSE NON-CONFEREES
Dear Representative :
As your constituent, I write to ask that you contact House conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the Senate.
I specifically ask the conferees to support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
________________________________________
HOUSE CONFEREES
Dear Representative :
As an appointed House conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the Senate.
I specifically ask that, during the conference process, you support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
-------------------------------------------------
M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: IMMEDIATE ACTION NEEDED ON H.R. 4205
DATE: July 21, 2000
On July 13, the Senate passed S. 2549, the Defense Authorization Act-the Senate version was passed as H.R. 4205.
The bill will now go to conference to resolve differences between the House and Senate-passed versions of the bill. It is during this period that amendments can be changed or eliminated from the bill. Please contact the appointed Senate and House conferees and ask them to support keeping provisions favorable to veterans and military retirees in H.R. 4205 during the conference process.
I have attached a list of the House and Senate Conferees, along with sample letters to send to your members of Congress as appropriate. You can also send a prepared e-mail message from our web site at www.dav.org, by following the detailed instructions below:
Click on "Legislative Action."
Click on "Guide to Congress."
Under "Member Name Search," type in your member's last name, then click on "Go."
Click on the link to that member.
Under member's photo, click on "send a message."
Choose "Conferee Letter" or "Non-Conferee Letter," as appropriate.
Follow directions for sending e-mail.
As always, thank you for your fine support!
_______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachments
________________________________
SENATE CONFEREES FOR H.R. 4205
The Honorable _______________
United States Senate
Washington, DC 20510
John Warner (R-VA)
Carl Levin (D-MI)
Strom Thurmond (R-SC)
Edward M. Kennedy (D-MA)
John McCain (R-AZ)
Jeff Bingaman (D-NM)
Robert C. Smith (R-NH)
Robert C. Byrd (D-WV)
James M. Inhofe (R-OK)
Charles S. Robb (D-VA)
Rick Santorum (R-PA)
Joseph I. Lieberman (D-CT)
Olympia J. Snowe (R-ME)
Max Cleland (D-GA)
Pat Roberts (R-KS)
Mary L. Landrieu (D-LA)
Wayne Allard (R-CO)
Jack Reed (D-RI)
Tim Hutchinson (R-AR)
Jeff Sessions (R-AL)
HOUSE CONFEREES FOR H.R. 4205
The Honorable _________________
United States House of Representatives
Washington, DC 20515
Floyd Spence (R-SC)
Norman Sisisky (D-VA)
Ike Skelton (D-MO)
Herbert H. Bateman (R-VA)
Bob Stump (R-AZ)
Solomon P. Ortiz (D-TX)
Lane Evans (D-IL)
Curt Weldon (R-PA)
Jack Quinn (R-NY)
Owen B. Pickett (D-VA)
Bob Filner (D-CA)
John M. McHugh (R-NY)
J.D. Hayworth (R-AZ)
Martin T. Meehan (D-MA)
Joel Hefley (R-CO)
Robert A. Underwood (D-GU)
Gene Taylor (D-MS)
Mac Thornberry (R-TX)
Steve Buyer (R-IN)
Ellen O. Tauscher (D-CA)
Neil Abercrombie (D-HI)
Jim Saxton (R-NJ)
Duncan L. Hunter (R-CA)
Vic Snyder (D-AR)
_______________________________________
SENATE NON-CONFEREES
Dear Senator :
As your constituent, I write to ask that you contact Senate conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the House.
I specifically ask the conferees to support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
______________________________________
SENATE CONFEREES
Dear Senator :
As an appointed Senate conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the House.
I specifically ask that, during the conference process, you support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
_______________________________________
HOUSE NON-CONFEREES
Dear Representative :
As your constituent, I write to ask that you contact House conferees for H.R. 4205, the National Defense Authorization Act, to ask for their support to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during the conference with the Senate.
I specifically ask the conferees to support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will contact the conferees and request their support to keep these important provisions in this bill.
Sincerely,
________________________________________
HOUSE CONFEREES
Dear Representative :
As an appointed House conferee for H.R. 4205, the National Defense Authorization Act, I ask you to ensure that provisions favorable to veterans and military retirees remain in the final version of the bill during conference with the Senate.
I specifically ask that, during the conference process, you support provisions in the bill to:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Thank you for your consideration. I would appreciate your letting me know whether you will support keeping these important provisions in this bill.
Sincerely,
-------------------------------------------------
Tricare Debt Assistance Program: The Department of Defense announced in JUL 00 a new debt collection assistance officer program to help service members, retirees and their eligible family members with TRICARE-related debt problems. For the first time, an assistance officer located at each military treatment facility (MTF) and TRICARE lead agent office, will be the single point of contact when a TRICARE beneficiary needs help with these kinds of problems. Once contacted by a TRICARE-eligible beneficiary, the debt collection assistance officer will intercede with all agencies involved to resolve a collection issue arising from a TRICARE claim. This includes military personnel offices, the MTFs, lead agents, network and non-network providers, TRICARE Management Activity, managed care contractors, and even debt collection agencies when appropriate.
The debt collection assistance officer will research the TRICARE claims history with the priority unit at the claims processor, and notify the beneficiary of the resolution. If appropriate, written documentation will be provided for use with national credit reporting companies in removing unwarranted adverse credit information related to TRICARE claims. Affected personnel in remote locations may contact any debt collection assistance officer who is convenient for them. These points of contact will be identified by the military Services prior to implementation of the program.
Seeking immediate help with questions regarding their medical bills remains the TRICARE beneficiary’s best defense against credit problems. This type of assistance is available at local TRICARE service centers and military treatment facilities. Beneficiaries also can call claims processors using their toll-free telephone numbers. Additional information about TRICARE claims processing can be found on the Military Health System/TRICARE Web site at: http://www.tricare.osd.mil. [Source: NAUS Leg UP dtd 14 JUL 00]
Lt. James “EMO” Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
------------------------------------------------
July 2000
SECRETARY OF VETERANS AFFAIRS TOGO D. WEST, JR. RESIGNS HIS POST
On July 10, 2000, President Clinton announced that Secretary West is resigning from federal service and that he will appoint Hershel Gober acting Secretary of Veterans Affairs. Secretary West plans to leave the Department of Veterans Affairs (VA) no later than July 31 and return to his old law firm of Covington and Burling in Washington, D.C. to practice law.
FY 2001 BUDGET UPDATE
The Appropriations process continues to move at a slow pace. In late May, the House Appropriations Subcommittee on VA/HUD and Independent Agencies approved H.R. 4635, as amended, followed by approval from the full Committee on June 7. The House then voted 256-169 to pass a $101.6 billion VA/HUD appropriations package for fiscal year (FY) 2001 on June 21. The package includes $76.792 billion in discretionary funding for FY 2001.
Appropriations for the VA would:
· Provide a $1.4 billion increase over last year for veterans medical health care, the same as the president’s request. Total FY 2001 funding is $20.3 billion.
· Provide an increase for Veterans Medical and Prosthetic Research at $351 million, $30 million more than the President’s request.
· Provide an extra $73 million above the FY 2000 level for the Veterans Benefits Administration to expedite claims processing. Total FY 2001 funding is $782 million.
· Provide a $10 million increase over last year for the National Cemetery Administration, bringing FY 2001 funding to $107 million.
· Provide $90 million for Veterans State Extended Care Facilities, $30 million over the President’s request.
PROTECT YOUR BENEFITS--REGISTER AND VOTE!
Important amendments to H.R. 4635 adopted on the House floor would authorize:
· A transfer of $4 million from VA Operating Expenses for tobacco litigation;
· An increase in funding for VA Medical Research by $30 million and VA State Extended Care Facilities by $30 million; and
· The Secretary of the VA to submit a report to Congress on the VA program for the establishment and operation at VA medical centers of Mental Illness Research, Education and Clinical Centers.
House Appropriations Committee Chairman C.W. Bill Young (R-FL) insisted, following the final vote, that a higher discretionary spending ceiling will be assigned to the bill. The House bill would spend 2 percent more than has been appropriated for FY 2000 but about six percent less than President Clinton requested.
The next likely action will be the Senate VA/HUD Appropriations Subcommittee markup
expected to take place some time in July. After Senate passage, the bill moves to a House-Senate Conference.
NATIONAL DEFENSE AUTHORIZATION ACT for FY 2001
The National Defense Authorization Act (S. 2549) includes several amendments important to veterans. The bill would:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill in order to enhance recruitment and retention of members of the Armed Forces.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Duty to Assist. Amendment No. 3272, introduced by Senator John McCain (R-AZ), would restore the VA’s duty to assist claimants in developing all evidence necessary to support their claims. The amendment is modeled after S. 1810, introduced by Senator Patty Murray (D-WA). We strongly urge you to use the sample letter provided on this issue under the Disabled American Veterans (DAV) Legislative Action web site at www.dav.org.
Concurrent Receipt. Amendment No. 3198, introduced by Senator Harry Reid (D-NV), would permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation. Representatives from the DAV and several other veterans service organizations recently met with Representative Michael Bilirakis’ (R-FL) staff for a strategy planning session on concurrent receipt. The amendment added to the National Defense Authorization Act for fiscal year 2001 is modeled after S. 2357, the companion bill to H.R. 303.
Montgomery GI Bill. Amendment No. 3226 would authorize certain members of the Armed Forces to transfer their entitlement to educational assistance to family members. It would also authorize enrollment to certain Veterans’ Education Assistance Program (VEAP) participants and active duty personnel not previously enrolled.
Headstones. Amendment No. 3459 would enable families of deceased veterans to obtain a headstone or grave marker from the VA regardless of whether a veteran’s grave is marked or unmarked. Under current law, VA can only provide headstones or grave markers for deceased veterans with unmarked graves. The legislation would amend the law so that veterans with marked graves can receive a marker honoring their military service.
We are waiting for House and Senate conferees to be appointed. DAV will then post an alert on our web site asking our membership to contact the conferees in support of keeping these amendments in the bill during the conference process.
Representative Bilirakis has assured us he will continue to fight for concurrent receipt legislation. He plans to contact all cosponsors of H.R. 303 in the House and request their support to influence the conferees as S. 2549 goes to conference.
We still must target the House leadership for support on H.R. 303. The House leadership has received significant pressure, but still has not brought the bill to the floor for a vote, even with the majority of the House cosponsoring the bill. Please note however, that it is not the number of cosponsors a bill has that determines whether or not it moves forward. The leadership must support the issue and call it to the floor!
We encourage you to continue to check the web site for updates and to keep the pressure on your elected officials to keep these provisions in the final version of the National Defense Authorization Act.
DISABLED VETERANS’ LIFE MEMORIAL
On July 10, 2000, the Senate passed, by voice vote, S. 311, the Disabled Veterans’ LIFE Memorial bill. This measure would authorize construction of a memorial honoring disabled veterans in Washington, D.C. The legislation would allow the Disabled Veterans’ LIFE Memorial Foundation to raise money privately to build and maintain the memorial on federal property in the District of Columbia.
S. 311 was amended in Committee to prohibit the building of memorials on certain property within the Mall area between the Washington Monument and the Lincoln Memorial and the Jefferson Memorial and the White House.
In May, the House passed H.R. 1509, the companion bill to S. 311. Differences in the bills will be resolved in conference, unless either the House or Senate agrees to pass the other chamber’s version of the bill.
VETERANS AND DEPENDENTS MILLENNIUM EDUCATION ACT
On May 11, the House Committee on Veterans’ Affairs voted (21-0) to increase amounts of educational assistance for veterans under the Montgomery GI Bill (MGIB) and to enhance programs providing educational benefits. The Veterans and Dependents Millennium Education Act (H.R. 4268) would increase the current MGIB benefit from $536 to $600 a month on October 1, 2000, for full-time students, and to $720 on October 1, 2002. There would also be proportionate increases for part-time students.
The bill, introduced by Representative Bob Stump (R-AZ), is needed to keep up with the increasing costs of education and for military recruiting and retention purposes. Representative Lane Evans, Ranking Minority Member on the House Veterans’ Affairs Committee and member of the House Armed Services Committee, reported in a news release that colleges and universities have quadrupled their tuition costs over the past 20 years. The basic MGIB, however, has increased only 76 percent since the program was enacted. The Armed Forces need increased educational benefits for veterans that will attract and retain high-ability young people in a growing economy.
The bill adopted by the Committee would:
· Provide another opportunity to convert from VEAP to the MGIB. Many active duty individuals either declined the last chance to convert or had zeroed out their VEAP accounts.
· Increase survivors’ and dependents’ education assistance benefits for full-time students from $485 to $600 a month starting October 1, 2000, and to $720 a month on October 1, 2002, with appropriate increases for part-time students. The bill also authorizes an annual cost-of-living adjustment (COLA).
· Permit the award of survivors’ and dependents’ educational assistance payments to be retroactive to the date of the service-connected death or award of 100 percent disability rating.
· Allow monthly education assistance benefits to be paid between term, quarter, or semester intervals of up to eight weeks.
· Allow use of MGIB benefits to pay the fee for a veteran’s civilian occupational licensing or certification examination.
The bill was placed on the calendar and is awaiting call-up from the House floor for a vote.
On May 23, 2000, the House considered S. 1402, a measure to increase amounts of educational assistance for veterans under the MGIB. At that time, the language in S. 1402 was replaced with the provisions from H.R. 4268. The measure, S. 1402, as amended, was passed by the House and referred back to the Senate.
NOMINATIONS ANNOUNCED FOR
VA UNDER SECRETARY FOR HEALTH AND MEMORIAL AFFAIRS
On May 12, 2000, President Clinton announced his intent to nominate Dr. Thomas L. Garthwaite as Under Secretary for Health for the VA and Robert M. Walker as VA Under Secretary for Memorial Affairs.
Dr. Garthwaite has served as VA Deputy Under Secretary for Health since 1995.
The Under Secretary for Health serves as the Chief Executive Officer of the Veterans Health Administration (VHA). This administration operates the national health care delivery system for over 3.5 million enrolled veterans; administers a program of education and training for health care personnel; directs a program of medical research; and provides contingency support for the Department of Defense and public health care services during times of war or national emergency.
The Honorable Robert M. Walker has served as VA Acting Under Secretary for Memorial Affairs since December 22, 1999. The Under Secretary for Memorial Affairs is responsible for policy, management, and operation of the National Cemetery Administration and for the operation and maintenance of 118 national cemeteries and other memorial-related programs for veterans and eligible family members.
The Senate Veterans’ Affairs Committee held a hearing to consider the nominations on June 22. The next step in the nomination process is a vote by the full Senate.
WOMEN VETERANS ISSUES
On June 8, the DAV provided testimony before the House Committee on Veterans’ Affairs Subcommittee on Oversight and Investigations concerning programs and services for women veterans.
Our testimony focused on VA health care services for women veterans, including access to counseling and treatment for sexual trauma and inpatient mental health care services; privacy and safety concerns of women veterans utilizing VA facilities; initiatives for women veterans who are homeless; the effectiveness of the VA Advisory Committee for Women Veterans, Women Veterans Coordinators and outreach initiatives for women veterans; and decreased benefit awareness among women veterans.
In late June, the DAV, along with the White House Office on Women’s Initiatives and Outreach, cosponsored the VA 2000 National Summit on Women Veterans Issues. The event, hosted by the VA Center for Women Veterans, was a great success. Nearly 350 participants attended the Summit in Washington, D.C. including federal and state agency representatives, Capitol Hill staffers, veterans service providers; and women veterans from across the country. The goal of the Summit was to provide a forum for participants to discuss current initiatives for women veterans, identify issues of concern to the women veteran community, and develop recommendations to address them through legislative, programmatic and outreach activities.
The forum provided an update on current federal initiatives for women veterans with particular focus on health care, homelessness, benefits, research on women veterans health, minority women veterans, women in war, and transition and employment issues. A formal document incorporating the issues and concerns of the Summit work groups will be distributed to VA program officials, other federal and state agencies, the United States Congress, veterans service organizations, and veterans service providers for consideration in organizational strategic planning activities.
HEPATITIS C INITIATIVE
The American Liver Foundation helped to form the Veterans Hepatitis C Liver Council, which held its inaugural meeting on June 15, 2000 in Washington, D.C. Experts in the field of hepatitis C, health care professionals from within VHA, and representatives from several major veterans service organizations, including DAV, make up the Council.
The Veterans Hepatitis C Liver Council was formed to address the increased incidence of hepatitis C among veterans. This rate is reported four to five times greater than the infection rate among the general population. In this study, veterans who served in Vietnam accounted for more than 60 percent of all positive test results. The increased incidence of hepatitis C among veterans could be the result of exposure to blood-borne hepatitis C virus from blood transfusions received during or after combat-related surgical care.
The newly formed Veterans Council urges veterans nationwide to get tested for hepatitis C, a virus that can go undetected for 20 or even 30 years and can cause severe liver damage. As part of a nationwide hepatitis C initiative, free test kits were made available to veterans via the Internet and through a toll-free help line from July 3-9. Legislation (H.R. 1020) introduced by Representative Vic Snyder (D-AR) would establish a presumption of service connection for veterans who have a current diagnosis of hepatitis C and were exposed to certain risk factors associated with hepatitis C during military service. If passed, the bill would allow veterans to receive service-connected compensation without providing proof of the source of their infection.
RALLIES 2000
DAV members gathered at 106 locations to make DAV’s Rallies 20000—“Tell Washington to Keep America’s Promise to Veterans: Register and Vote”—a huge success. Hundreds of new voters were registered to vote in the upcoming election in November. In addition, members of Congress, some who personally attended local rallies, heard the message to keep our government’s commitment to veterans and make veterans’ programs a national priority.
To all those who worked to make these rallies a success, I thank you for your efforts.
BILLS INTRODUCED IN THE 106TH CONGRESS
The following bills have been introduced in the House and Senate since the May 2000 Legislative Bulletin. This list includes bills of interest to disabled veterans and their families.
H.R. 4522, introduced by Representative Collin C. Peterson (D-MN), would amend title 38, United States Code, to provide a presumption of service connection for certain specified diseases and disabilities in the case of veterans who were exposed during military service to carbon tetrachloride.
H.R. 4716, introduced by Representative Bart Stupak (D-MI), would amend title 38, United States Code, to provide that the rate of reimbursement for motor vehicle travel under the beneficiary travel program of the VA shall be the same as the rate for private vehicle reimbursement for Federal employees.
H.R. 4730, introduced by Representative Tammy Baldwin (D-WI), would establish a National Center for Military Deployment Health Research to provide an independent means of the conduct and coordination of research into issues relating to the deployment of members of the Armed Forces overseas.
H.R. 4760, introduced by Representative Stupak, would amend title 38, United States Code, to provide a presumption of service connection for injuries classified as cold weather injuries which occur in veterans who sustained exposure to cold weather while engaged in military operations.
H.R. 4785, introduced by Representative Sue Kelly (R-NY), would amend title 38, United States Code, to revise the provisions of law relating to the payment of accrued benefits by the VA in the case of the death of a veteran with a pending claim for an increase in service-connected disability rating.
H.R. 4791, introduced by Representative J.D. Hayworth (R-AZ), would amend title 38, United States Code, to establish a presumption of service connection for occurrence of hepatitis C in certain veterans.
S. 2640, introduced by Senator Barbara Boxer (D-CA), would amend title 38, United States Code, to permit VA pharmacies to dispense medications to veterans for prescriptions written by private practitioners, and for other purposes.
CONCLUSION
We greatly appreciate everyone who has taken time out of their busy schedule to send an e-mail or letter to a member of Congress. Your participation is essential to influencing elected officials on issues important to veterans and their families. DAV’s Legislative Action web site provides prepared e-mail messages and sample letters to Congressional members on key issues of concern to veterans. Please check the site for upcoming Budget and Appropriations Alerts, Calls to Action and information on election 2000.
I realize that not everyone has access to the Internet and our web site. For those who do, I would encourage you to make copies of our alerts and e-mail messages and make them available to those members who are not surfers of the World Wide Web.
Thank you for your support of DAV’s legislative goals._______________________________
JOSEPH A. VIOLANTE
National Legislative Director
-----------------------------------------
July 2000
SECRETARY OF VETERANS AFFAIRS TOGO D. WEST, JR. RESIGNS HIS POST
On July 10, 2000, President Clinton announced that Secretary West is resigning from federal service and that he will appoint Hershel Gober acting Secretary of Veterans Affairs. Secretary West plans to leave the Department of Veterans Affairs (VA) no later than July 31 and return to his old law firm of Covington and Burling in Washington, D.C. to practice law.
FY 2001 BUDGET UPDATE
The Appropriations process continues to move at a slow pace. In late May, the House Appropriations Subcommittee on VA/HUD and Independent Agencies approved H.R. 4635, as amended, followed by approval from the full Committee on June 7. The House then voted 256-169 to pass a $101.6 billion VA/HUD appropriations package for fiscal year (FY) 2001 on June 21. The package includes $76.792 billion in discretionary funding for FY 2001.
Appropriations for the VA would:
· Provide a $1.4 billion increase over last year for veterans medical health care, the same as the president’s request. Total FY 2001 funding is $20.3 billion.
· Provide an increase for Veterans Medical and Prosthetic Research at $351 million, $30 million more than the President’s request.
· Provide an extra $73 million above the FY 2000 level for the Veterans Benefits Administration to expedite claims processing. Total FY 2001 funding is $782 million.
· Provide a $10 million increase over last year for the National Cemetery Administration, bringing FY 2001 funding to $107 million.
· Provide $90 million for Veterans State Extended Care Facilities, $30 million over the President’s request.
PROTECT YOUR BENEFITS--REGISTER AND VOTE!
Important amendments to H.R. 4635 adopted on the House floor would authorize:
· A transfer of $4 million from VA Operating Expenses for tobacco litigation;
· An increase in funding for VA Medical Research by $30 million and VA State Extended Care Facilities by $30 million; and
· The Secretary of the VA to submit a report to Congress on the VA program for the establishment and operation at VA medical centers of Mental Illness Research, Education and Clinical Centers.
House Appropriations Committee Chairman C.W. Bill Young (R-FL) insisted, following the final vote, that a higher discretionary spending ceiling will be assigned to the bill. The House bill would spend 2 percent more than has been appropriated for FY 2000 but about six percent less than President Clinton requested.
The next likely action will be the Senate VA/HUD Appropriations Subcommittee markup
expected to take place some time in July. After Senate passage, the bill moves to a House-Senate Conference.
NATIONAL DEFENSE AUTHORIZATION ACT for FY 2001
The National Defense Authorization Act (S. 2549) includes several amendments important to veterans. The bill would:
· Require the VA to assist claimants in developing all evidence necessary to support their claims.
· Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation.
· Enhance and improve educational assistance under the Montgomery GI Bill in order to enhance recruitment and retention of members of the Armed Forces.
· Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
· Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Duty to Assist. Amendment No. 3272, introduced by Senator John McCain (R-AZ), would restore the VA’s duty to assist claimants in developing all evidence necessary to support their claims. The amendment is modeled after S. 1810, introduced by Senator Patty Murray (D-WA). We strongly urge you to use the sample letter provided on this issue under the Disabled American Veterans (DAV) Legislative Action web site at www.dav.org.
Concurrent Receipt. Amendment No. 3198, introduced by Senator Harry Reid (D-NV), would permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans’ disability compensation. Representatives from the DAV and several other veterans service organizations recently met with Representative Michael Bilirakis’ (R-FL) staff for a strategy planning session on concurrent receipt. The amendment added to the National Defense Authorization Act for fiscal year 2001 is modeled after S. 2357, the companion bill to H.R. 303.
Montgomery GI Bill. Amendment No. 3226 would authorize certain members of the Armed Forces to transfer their entitlement to educational assistance to family members. It would also authorize enrollment to certain Veterans’ Education Assistance Program (VEAP) participants and active duty personnel not previously enrolled.
Headstones. Amendment No. 3459 would enable families of deceased veterans to obtain a headstone or grave marker from the VA regardless of whether a veteran’s grave is marked or unmarked. Under current law, VA can only provide headstones or grave markers for deceased veterans with unmarked graves. The legislation would amend the law so that veterans with marked graves can receive a marker honoring their military service.
We are waiting for House and Senate conferees to be appointed. DAV will then post an alert on our web site asking our membership to contact the conferees in support of keeping these amendments in the bill during the conference process.
Representative Bilirakis has assured us he will continue to fight for concurrent receipt legislation. He plans to contact all cosponsors of H.R. 303 in the House and request their support to influence the conferees as S. 2549 goes to conference.
We still must target the House leadership for support on H.R. 303. The House leadership has received significant pressure, but still has not brought the bill to the floor for a vote, even with the majority of the House cosponsoring the bill. Please note however, that it is not the number of cosponsors a bill has that determines whether or not it moves forward. The leadership must support the issue and call it to the floor!
We encourage you to continue to check the web site for updates and to keep the pressure on your elected officials to keep these provisions in the final version of the National Defense Authorization Act.
DISABLED VETERANS’ LIFE MEMORIAL
On July 10, 2000, the Senate passed, by voice vote, S. 311, the Disabled Veterans’ LIFE Memorial bill. This measure would authorize construction of a memorial honoring disabled veterans in Washington, D.C. The legislation would allow the Disabled Veterans’ LIFE Memorial Foundation to raise money privately to build and maintain the memorial on federal property in the District of Columbia.
S. 311 was amended in Committee to prohibit the building of memorials on certain property within the Mall area between the Washington Monument and the Lincoln Memorial and the Jefferson Memorial and the White House.
In May, the House passed H.R. 1509, the companion bill to S. 311. Differences in the bills will be resolved in conference, unless either the House or Senate agrees to pass the other chamber’s version of the bill.
VETERANS AND DEPENDENTS MILLENNIUM EDUCATION ACT
On May 11, the House Committee on Veterans’ Affairs voted (21-0) to increase amounts of educational assistance for veterans under the Montgomery GI Bill (MGIB) and to enhance programs providing educational benefits. The Veterans and Dependents Millennium Education Act (H.R. 4268) would increase the current MGIB benefit from $536 to $600 a month on October 1, 2000, for full-time students, and to $720 on October 1, 2002. There would also be proportionate increases for part-time students.
The bill, introduced by Representative Bob Stump (R-AZ), is needed to keep up with the increasing costs of education and for military recruiting and retention purposes. Representative Lane Evans, Ranking Minority Member on the House Veterans’ Affairs Committee and member of the House Armed Services Committee, reported in a news release that colleges and universities have quadrupled their tuition costs over the past 20 years. The basic MGIB, however, has increased only 76 percent since the program was enacted. The Armed Forces need increased educational benefits for veterans that will attract and retain high-ability young people in a growing economy.
The bill adopted by the Committee would:
· Provide another opportunity to convert from VEAP to the MGIB. Many active duty individuals either declined the last chance to convert or had zeroed out their VEAP accounts.
· Increase survivors’ and dependents’ education assistance benefits for full-time students from $485 to $600 a month starting October 1, 2000, and to $720 a month on October 1, 2002, with appropriate increases for part-time students. The bill also authorizes an annual cost-of-living adjustment (COLA).
· Permit the award of survivors’ and dependents’ educational assistance payments to be retroactive to the date of the service-connected death or award of 100 percent disability rating.
· Allow monthly education assistance benefits to be paid between term, quarter, or semester intervals of up to eight weeks.
· Allow use of MGIB benefits to pay the fee for a veteran’s civilian occupational licensing or certification examination.
The bill was placed on the calendar and is awaiting call-up from the House floor for a vote.
On May 23, 2000, the House considered S. 1402, a measure to increase amounts of educational assistance for veterans under the MGIB. At that time, the language in S. 1402 was replaced with the provisions from H.R. 4268. The measure, S. 1402, as amended, was passed by the House and referred back to the Senate.
NOMINATIONS ANNOUNCED FOR
VA UNDER SECRETARY FOR HEALTH AND MEMORIAL AFFAIRS
On May 12, 2000, President Clinton announced his intent to nominate Dr. Thomas L. Garthwaite as Under Secretary for Health for the VA and Robert M. Walker as VA Under Secretary for Memorial Affairs.
Dr. Garthwaite has served as VA Deputy Under Secretary for Health since 1995.
The Under Secretary for Health serves as the Chief Executive Officer of the Veterans Health Administration (VHA). This administration operates the national health care delivery system for over 3.5 million enrolled veterans; administers a program of education and training for health care personnel; directs a program of medical research; and provides contingency support for the Department of Defense and public health care services during times of war or national emergency.
The Honorable Robert M. Walker has served as VA Acting Under Secretary for Memorial Affairs since December 22, 1999. The Under Secretary for Memorial Affairs is responsible for policy, management, and operation of the National Cemetery Administration and for the operation and maintenance of 118 national cemeteries and other memorial-related programs for veterans and eligible family members.
The Senate Veterans’ Affairs Committee held a hearing to consider the nominations on June 22. The next step in the nomination process is a vote by the full Senate.
WOMEN VETERANS ISSUES
On June 8, the DAV provided testimony before the House Committee on Veterans’ Affairs Subcommittee on Oversight and Investigations concerning programs and services for women veterans.
Our testimony focused on VA health care services for women veterans, including access to counseling and treatment for sexual trauma and inpatient mental health care services; privacy and safety concerns of women veterans utilizing VA facilities; initiatives for women veterans who are homeless; the effectiveness of the VA Advisory Committee for Women Veterans, Women Veterans Coordinators and outreach initiatives for women veterans; and decreased benefit awareness among women veterans.
In late June, the DAV, along with the White House Office on Women’s Initiatives and Outreach, cosponsored the VA 2000 National Summit on Women Veterans Issues. The event, hosted by the VA Center for Women Veterans, was a great success. Nearly 350 participants attended the Summit in Washington, D.C. including federal and state agency representatives, Capitol Hill staffers, veterans service providers; and women veterans from across the country. The goal of the Summit was to provide a forum for participants to discuss current initiatives for women veterans, identify issues of concern to the women veteran community, and develop recommendations to address them through legislative, programmatic and outreach activities.
The forum provided an update on current federal initiatives for women veterans with particular focus on health care, homelessness, benefits, research on women veterans health, minority women veterans, women in war, and transition and employment issues. A formal document incorporating the issues and concerns of the Summit work groups will be distributed to VA program officials, other federal and state agencies, the United States Congress, veterans service organizations, and veterans service providers for consideration in organizational strategic planning activities.
HEPATITIS C INITIATIVE
The American Liver Foundation helped to form the Veterans Hepatitis C Liver Council, which held its inaugural meeting on June 15, 2000 in Washington, D.C. Experts in the field of hepatitis C, health care professionals from within VHA, and representatives from several major veterans service organizations, including DAV, make up the Council.
The Veterans Hepatitis C Liver Council was formed to address the increased incidence of hepatitis C among veterans. This rate is reported four to five times greater than the infection rate among the general population. In this study, veterans who served in Vietnam accounted for more than 60 percent of all positive test results. The increased incidence of hepatitis C among veterans could be the result of exposure to blood-borne hepatitis C virus from blood transfusions received during or after combat-related surgical care.
The newly formed Veterans Council urges veterans nationwide to get tested for hepatitis C, a virus that can go undetected for 20 or even 30 years and can cause severe liver damage. As part of a nationwide hepatitis C initiative, free test kits were made available to veterans via the Internet and through a toll-free help line from July 3-9. Legislation (H.R. 1020) introduced by Representative Vic Snyder (D-AR) would establish a presumption of service connection for veterans who have a current diagnosis of hepatitis C and were exposed to certain risk factors associated with hepatitis C during military service. If passed, the bill would allow veterans to receive service-connected compensation without providing proof of the source of their infection.
RALLIES 2000
DAV members gathered at 106 locations to make DAV’s Rallies 20000—“Tell Washington to Keep America’s Promise to Veterans: Register and Vote”—a huge success. Hundreds of new voters were registered to vote in the upcoming election in November. In addition, members of Congress, some who personally attended local rallies, heard the message to keep our government’s commitment to veterans and make veterans’ programs a national priority.
To all those who worked to make these rallies a success, I thank you for your efforts.
BILLS INTRODUCED IN THE 106TH CONGRESS
The following bills have been introduced in the House and Senate since the May 2000 Legislative Bulletin. This list includes bills of interest to disabled veterans and their families.
H.R. 4522, introduced by Representative Collin C. Peterson (D-MN), would amend title 38, United States Code, to provide a presumption of service connection for certain specified diseases and disabilities in the case of veterans who were exposed during military service to carbon tetrachloride.
H.R. 4716, introduced by Representative Bart Stupak (D-MI), would amend title 38, United States Code, to provide that the rate of reimbursement for motor vehicle travel under the beneficiary travel program of the VA shall be the same as the rate for private vehicle reimbursement for Federal employees.
H.R. 4730, introduced by Representative Tammy Baldwin (D-WI), would establish a National Center for Military Deployment Health Research to provide an independent means of the conduct and coordination of research into issues relating to the deployment of members of the Armed Forces overseas.
H.R. 4760, introduced by Representative Stupak, would amend title 38, United States Code, to provide a presumption of service connection for injuries classified as cold weather injuries which occur in veterans who sustained exposure to cold weather while engaged in military operations.
H.R. 4785, introduced by Representative Sue Kelly (R-NY), would amend title 38, United States Code, to revise the provisions of law relating to the payment of accrued benefits by the VA in the case of the death of a veteran with a pending claim for an increase in service-connected disability rating.
H.R. 4791, introduced by Representative J.D. Hayworth (R-AZ), would amend title 38, United States Code, to establish a presumption of service connection for occurrence of hepatitis C in certain veterans.
S. 2640, introduced by Senator Barbara Boxer (D-CA), would amend title 38, United States Code, to permit VA pharmacies to dispense medications to veterans for prescriptions written by private practitioners, and for other purposes.
CONCLUSION
We greatly appreciate everyone who has taken time out of their busy schedule to send an e-mail or letter to a member of Congress. Your participation is essential to influencing elected officials on issues important to veterans and their families. DAV’s Legislative Action web site provides prepared e-mail messages and sample letters to Congressional members on key issues of concern to veterans. Please check the site for upcoming Budget and Appropriations Alerts, Calls to Action and information on election 2000.
I realize that not everyone has access to the Internet and our web site. For those who do, I would encourage you to make copies of our alerts and e-mail messages and make them available to those members who are not surfers of the World Wide Web.
Thank you for your support of DAV’s legislative goals.
_______________________________
JOSEPH A. VIOLANTE
National Legislative Director
---------------------------------------
July 2000 Legislative Bulletin
SECRETARY OF VETERANS AFFAIRS TOGO D. WEST, JR. RESIGNS HIS POST
On July 10, 2000, President Clinton announced that Secretary West is resigning from federal service and that he will appoint Hershel Gober acting Secretary of Veterans Affairs. Secretary West plans to leave the Department of Veterans Affairs (VA) no later than July 31 and return to his old law firm of Covington and Burling in Washington, D.C. to practice law.
FY 2001 BUDGET UPDATE
The Appropriations process continues to move at a slow pace. In late May, the House Appropriations Subcommittee on VA/HUD and Independent Agencies approved H.R. 4635, as amended, followed by approval from the full Committee on June 7. The House then voted 256-169 to pass a $101.6 billion VA/HUD appropriations package for fiscal year (FY) 2001 on June 21. The package includes $76.792 billion in discretionary funding for FY 2001.
Appropriations for the VA would:
* Provide a $1.4 billion increase over last year for veterans medical health care, the same as the president's request. Total FY 2001 funding is $20.3 billion.
* Provide an increase for Veterans Medical and Prosthetic Research at $351 million, $30 million more than the President's request.
* Provide an extra $73 million above the FY 2000 level for the Veterans Benefits Administration to expedite claims processing. Total FY 2001 funding is $782 million.
* Provide a $10 million increase over last year for the National Cemetery Administration, bringing FY 2001 funding to $107 million.
* Provide $90 million for Veterans State Extended Care Facilities, $30 million over the President's request.
PROTECT YOUR BENEFITS--REGISTER AND VOTE!
Important amendments to H.R. 4635 adopted on the House floor would authorize:
* A transfer of $4 million from VA Operating Expenses for tobacco litigation;
* An increase in funding for VA Medical Research by $30 million and VA State Extended Care Facilities by $30 million; and
* The Secretary of the VA to submit a report to Congress on the VA program for the establishment and operation at VA medical centers of Mental Illness Research, Education and Clinical Centers.
House Appropriations Committee Chairman C.W. Bill Young (R-FL) insisted, following the final vote, that a higher discretionary spending ceiling will be assigned to the bill. The House bill would spend 2 percent more than has been appropriated for FY 2000 but about six percent less than President Clinton requested.
The next likely action will be the Senate VA/HUD Appropriations Subcommittee markup
expected to take place some time in July. After Senate passage, the bill moves to a House-Senate Conference.
NATIONAL DEFENSE AUTHORIZATION ACT for FY 2001
The National Defense Authorization Act (S. 2549) includes several amendments important to veterans. The bill would:
* Require the VA to assist claimants in developing all evidence necessary to support their claims.
* Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
* Enhance and improve educational assistance under the Montgomery GI Bill in order to enhance recruitment and retention of members of the Armed Forces.
* Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
* Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Duty to Assist. Amendment No. 3272, introduced by Senator John McCain (R-AZ), would restore the VA's duty to assist claimants in developing all evidence necessary to support their claims. The amendment is modeled after S. 1810, introduced by Senator Patty Murray (D-WA). We strongly urge you to use the sample letter provided on this issue under the Disabled American Veterans (DAV) Legislative Action web site at www.dav.org.
Concurrent Receipt. Amendment No. 3198, introduced by Senator Harry Reid (D-NV), would permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation. Representatives from the DAV and several other veterans service organizations recently met with Representative Michael Bilirakis' (R-FL) staff for a strategy planning session on concurrent receipt. The amendment added to the National Defense Authorization Act for fiscal year 2001 is modeled after S. 2357, the companion bill to H.R. 303.
Montgomery GI Bill. Amendment No. 3226 would authorize certain members of the Armed Forces to transfer their entitlement to educational assistance to family members. It would also authorize enrollment to certain Veterans' Education Assistance Program (VEAP) participants and active duty personnel not previously enrolled.
Headstones. Amendment No. 3459 would enable families of deceased veterans to obtain a headstone or grave marker from the VA regardless of whether a veteran's grave is marked or unmarked. Under current law, VA can only provide headstones or grave markers for deceased veterans with unmarked graves. The legislation would amend the law so that veterans with marked graves can receive a marker honoring their military service.
We are waiting for House and Senate conferees to be appointed. DAV will then post an alert on our web site asking our membership to contact the conferees in support of keeping these amendments in the bill during the conference process.
Representative Bilirakis has assured us he will continue to fight for concurrent receipt legislation. He plans to contact all cosponsors of H.R. 303 in the House and request their support to influence the conferees as S. 2549 goes to conference.
We still must target the House leadership for support on H.R. 303. The House leadership has received significant pressure, but still has not brought the bill to the floor for a vote, even with the majority of the House cosponsoring the bill. Please note however, that it is not the number of cosponsors a bill has that determines whether or not it moves forward. The leadership must support the issue and call it to the floor!
We encourage you to continue to check the web site for updates and to keep the pressure on your elected officials to keep these provisions in the final version of the National Defense Authorization Act.
DISABLED VETERANS' LIFE MEMORIAL
On July 10, 2000, the Senate passed, by voice vote, S. 311, the Disabled Veterans' LIFE Memorial bill. This measure would authorize construction of a memorial honoring disabled veterans in Washington, D.C. The legislation would allow the Disabled Veterans' LIFE Memorial Foundation to raise money privately to build and maintain the memorial on federal property in the District of Columbia.
S. 311 was amended in Committee to prohibit the building of memorials on certain property within the Mall area between the Washington Monument and the Lincoln Memorial and the Jefferson Memorial and the White House.
In May, the House passed H.R. 1509, the companion bill to S. 311. Differences in the bills will be resolved in conference, unless either the House or Senate agrees to pass the other chamber's version of the bill.
VETERANS AND DEPENDENTS MILLENNIUM EDUCATION ACT
On May 11, the House Committee on Veterans' Affairs voted (21-0) to increase amounts of educational assistance for veterans under the Montgomery GI Bill (MGIB) and to enhance programs providing educational benefits. The Veterans and Dependents Millennium Education Act (H.R. 4268) would increase the current MGIB benefit from $536 to $600 a month on October 1, 2000, for full-time students, and to $720 on October 1, 2002. There would also be proportionate increases for part-time students.
The bill, introduced by Representative Bob Stump (R-AZ), is needed to keep up with the increasing costs of education and for military recruiting and retention purposes. Representative Lane Evans, Ranking Minority Member on the House Veterans' Affairs Committee and member of the House Armed Services Committee, reported in a news release that colleges and universities have quadrupled their tuition costs over the past 20 years. The basic MGIB, however, has increased only 76 percent since the program was enacted. The Armed Forces need increased educational benefits for veterans that will attract and retain high-ability young people in a growing economy.
The bill adopted by the Committee would:
* Provide another opportunity to convert from VEAP to the MGIB. Many active duty individuals either declined the last chance to convert or had zeroed out their VEAP accounts.
* Increase survivors' and dependents' education assistance benefits for full-time students from $485 to $600 a month starting October 1, 2000, and to $720 a month on October 1, 2002, with appropriate increases for part-time students. The bill also authorizes an annual cost-of-living adjustment (COLA).
* Permit the award of survivors' and dependents' educational assistance payments to be retroactive to the date of the service-connected death or award of 100 percent disability rating.
* Allow monthly education assistance benefits to be paid between term, quarter, or semester intervals of up to eight weeks.
* Allow use of MGIB benefits to pay the fee for a veteran's civilian occupational licensing or certification examination.
The bill was placed on the calendar and is awaiting call-up from the House floor for a vote.
On May 23, 2000, the House considered S. 1402, a measure to increase amounts of educational assistance for veterans under the MGIB. At that time, the language in S. 1402 was replaced with the provisions from H.R. 4268. The measure, S. 1402, as amended, was passed by the House and referred back to the Senate.
NOMINATIONS ANNOUNCED FOR
VA UNDER SECRETARY FOR HEALTH AND MEMORIAL AFFAIRS
On May 12, 2000, President Clinton announced his intent to nominate Dr. Thomas L. Garthwaite as Under Secretary for Health for the VA and Robert M. Walker as VA Under Secretary for Memorial Affairs.
Dr. Garthwaite has served as VA Deputy Under Secretary for Health since 1995.
The Under Secretary for Health serves as the Chief Executive Officer of the Veterans Health Administration (VHA). This administration operates the national health care delivery system for over 3.5 million enrolled veterans; administers a program of education and training for health care personnel; directs a program of medical research; and provides contingency support for the Department of Defense and public health care services during times of war or national emergency.
The Honorable Robert M. Walker has served as VA Acting Under Secretary for Memorial Affairs since December 22, 1999. The Under Secretary for Memorial Affairs is responsible for policy, management, and operation of the National Cemetery Administration and for the operation and maintenance of 118 national cemeteries and other memorial-related programs for veterans and eligible family members.
The Senate Veterans' Affairs Committee held a hearing to consider the nominations on June 22. The next step in the nomination process is a vote by the full Senate.
WOMEN VETERANS ISSUES
On June 8, the DAV provided testimony before the House Committee on Veterans' Affairs Subcommittee on Oversight and Investigations concerning programs and services for women veterans.
Our testimony focused on VA health care services for women veterans, including access to counseling and treatment for sexual trauma and inpatient mental health care services; privacy and safety concerns of women veterans utilizing VA facilities; initiatives for women veterans who are homeless; the effectiveness of the VA Advisory Committee for Women Veterans, Women Veterans Coordinators and outreach initiatives for women veterans; and decreased benefit awareness among women veterans.
In late June, the DAV, along with the White House Office on Women's Initiatives and Outreach, cosponsored the VA 2000 National Summit on Women Veterans Issues. The event, hosted by the VA Center for Women Veterans, was a great success. Nearly 350 participants attended the Summit in Washington, D.C. including federal and state agency representatives, Capitol Hill staffers, veterans service providers; and women veterans from across the country. The goal of the Summit was to provide a forum for participants to discuss current initiatives for women veterans, identify issues of concern to the women veteran community, and develop recommendations to address them through legislative, programmatic and outreach activities.
The forum provided an update on current federal initiatives for women veterans with particular focus on health care, homelessness, benefits, research on women veterans health, minority women veterans, women in war, and transition and employment issues. A formal document incorporating the issues and concerns of the Summit work groups will be distributed to VA program officials, other federal and state agencies, the United States Congress, veterans service organizations, and veterans service providers for consideration in organizational strategic planning activities.
HEPATITIS C INITIATIVE
The American Liver Foundation helped to form the Veterans Hepatitis C Liver Council, which held its inaugural meeting on June 15, 2000 in Washington, D.C. Experts in the field of hepatitis C, health care professionals from within VHA, and representatives from several major veterans service organizations, including DAV, make up the Council.
The Veterans Hepatitis C Liver Council was formed to address the increased incidence of hepatitis C among veterans. This rate is reported four to five times greater than the infection rate among the general population. In this study, veterans who served in Vietnam accounted for more than 60 percent of all positive test results. The increased incidence of hepatitis C among veterans could be the result of exposure to blood-borne hepatitis C virus from blood transfusions received during or after combat-related surgical care.
The newly formed Veterans Council urges veterans nationwide to get tested for hepatitis C, a virus that can go undetected for 20 or even 30 years and can cause severe liver damage. As part of a nationwide hepatitis C initiative, free test kits were made available to veterans via the Internet and through a toll-free help line from July 3-9. Legislation (H.R. 1020) introduced by Representative Vic Snyder (D-AR) would establish a presumption of service connection for veterans who have a current diagnosis of hepatitis C and were exposed to certain risk factors associated with hepatitis C during military service. If passed, the bill would allow veterans to receive service-connected compensation without providing proof of the source of their infection.
RALLIES 2000
DAV members gathered at 106 locations to make DAV's Rallies 20000-"Tell Washington to Keep America's Promise to Veterans: Register and Vote"-a huge success. Hundreds of new voters were registered to vote in the upcoming election in November. In addition, members of Congress, some who personally attended local rallies, heard the message to keep our government's commitment to veterans and make veterans' programs a national priority.
To all those who worked to make these rallies a success, I thank you for your efforts.
BILLS INTRODUCED IN THE 106TH CONGRESS
The following bills have been introduced in the House and Senate since the May 2000 Legislative Bulletin. This list includes bills of interest to disabled veterans and their families.
H.R. 4522, introduced by Representative Collin C. Peterson (D-MN), would amend title 38, United States Code, to provide a presumption of service connection for certain specified diseases and disabilities in the case of veterans who were exposed during military service to carbon tetrachloride.
H.R. 4716, introduced by Representative Bart Stupak (D-MI), would amend title 38, United States Code, to provide that the rate of reimbursement for motor vehicle travel under the beneficiary travel program of the VA shall be the same as the rate for private vehicle reimbursement for Federal employees.
H.R. 4730, introduced by Representative Tammy Baldwin (D-WI), would establish a National Center for Military Deployment Health Research to provide an independent means of the conduct and coordination of research into issues relating to the deployment of members of the Armed Forces overseas.
H.R. 4760, introduced by Representative Stupak, would amend title 38, United States Code, to provide a presumption of service connection for injuries classified as cold weather injuries which occur in veterans who sustained exposure to cold weather while engaged in military operations.
H.R. 4785, introduced by Representative Sue Kelly (R-NY), would amend title 38, United States Code, to revise the provisions of law relating to the payment of accrued benefits by the VA in the case of the death of a veteran with a pending claim for an increase in service-connected disability rating.
H.R. 4791, introduced by Representative J.D. Hayworth (R-AZ), would amend title 38, United States Code, to establish a presumption of service connection for occurrence of hepatitis C in certain veterans.
S. 2640, introduced by Senator Barbara Boxer (D-CA), would amend title 38, United States Code, to permit VA pharmacies to dispense medications to veterans for prescriptions written by private practitioners, and for other purposes.
We greatly appreciate everyone who has taken time out of their busy schedule to send an e-mail or letter to a member of Congress. Your participation is essential to influencing elected officials on issues important to veterans and their families. DAV's Legislative Action web site provides prepared e-mail messages and sample letters to Congressional members on key issues of concern to veterans. Please check the site for upcoming Budget and Appropriations Alerts, Calls to Action and information on election 2000.
I realize that not everyone has access to the Internet and our web site. For those who do, I would encourage you to make copies of our alerts and e-mail messages and make them available to those members who are not surfers of the World Wide Web.
======================
SECRETARY OF VETERANS AFFAIRS TOGO D. WEST, JR. RESIGNS HIS POST
On July 10, 2000, President Clinton announced that Secretary West is resigning from federal service and that he will appoint Hershel Gober acting Secretary of Veterans Affairs. Secretary West plans to leave the Department of Veterans Affairs (VA) no later than July 31 and return to his old law firm of Covington and Burling in Washington, D.C. to practice law.
FY 2001 BUDGET UPDATE
The Appropriations process continues to move at a slow pace. In late May, the House Appropriations Subcommittee on VA/HUD and Independent Agencies approved H.R. 4635, as amended, followed by approval from the full Committee on June 7. The House then voted 256-169 to pass a $101.6 billion VA/HUD appropriations package for fiscal year (FY) 2001 on June 21. The package includes $76.792 billion in discretionary funding for FY 2001.
Appropriations for the VA would:
* Provide a $1.4 billion increase over last year for veterans medical health care, the same as the president's request. Total FY 2001 funding is $20.3 billion.
* Provide an increase for Veterans Medical and Prosthetic Research at $351 million, $30 million more than the President's request.
* Provide an extra $73 million above the FY 2000 level for the Veterans Benefits Administration to expedite claims processing. Total FY 2001 funding is $782 million.
* Provide a $10 million increase over last year for the National Cemetery Administration, bringing FY 2001 funding to $107 million.
* Provide $90 million for Veterans State Extended Care Facilities, $30 million over the President's request.
PROTECT YOUR BENEFITS--REGISTER AND VOTE!
Important amendments to H.R. 4635 adopted on the House floor would authorize:
* A transfer of $4 million from VA Operating Expenses for tobacco litigation;
* An increase in funding for VA Medical Research by $30 million and VA State Extended Care Facilities by $30 million; and
* The Secretary of the VA to submit a report to Congress on the VA program for the establishment and operation at VA medical centers of Mental Illness Research, Education and Clinical Centers.
House Appropriations Committee Chairman C.W. Bill Young (R-FL) insisted, following the final vote, that a higher discretionary spending ceiling will be assigned to the bill. The House bill would spend 2 percent more than has been appropriated for FY 2000 but about six percent less than President Clinton requested.
The next likely action will be the Senate VA/HUD Appropriations Subcommittee markup
expected to take place some time in July. After Senate passage, the bill moves to a House-Senate Conference.
NATIONAL DEFENSE AUTHORIZATION ACT for FY 2001
The National Defense Authorization Act (S. 2549) includes several amendments important to veterans. The bill would:
* Require the VA to assist claimants in developing all evidence necessary to support their claims.
* Permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation.
* Enhance and improve educational assistance under the Montgomery GI Bill in order to enhance recruitment and retention of members of the Armed Forces.
* Extend eligibility for medical care under CHAMPUS and TRICARE to persons over age 64.
* Authorize the Secretary of Veterans Affairs to furnish headstones or markers for marked graves of, or to otherwise commemorate, certain individuals.
Duty to Assist. Amendment No. 3272, introduced by Senator John McCain (R-AZ), would restore the VA's duty to assist claimants in developing all evidence necessary to support their claims. The amendment is modeled after S. 1810, introduced by Senator Patty Murray (D-WA). We strongly urge you to use the sample letter provided on this issue under the Disabled American Veterans (DAV) Legislative Action web site at www.dav.org.
Concurrent Receipt. Amendment No. 3198, introduced by Senator Harry Reid (D-NV), would permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation. Representatives from the DAV and several other veterans service organizations recently met with Representative Michael Bilirakis' (R-FL) staff for a strategy planning session on concurrent receipt. The amendment added to the National Defense Authorization Act for fiscal year 2001 is modeled after S. 2357, the companion bill to H.R. 303.
Montgomery GI Bill. Amendment No. 3226 would authorize certain members of the Armed Forces to transfer their entitlement to educational assistance to family members. It would also authorize enrollment to certain Veterans' Education Assistance Program (VEAP) participants and active duty personnel not previously enrolled.
Headstones. Amendment No. 3459 would enable families of deceased veterans to obtain a headstone or grave marker from the VA regardless of whether a veteran's grave is marked or unmarked. Under current law, VA can only provide headstones or grave markers for deceased veterans with unmarked graves. The legislation would amend the law so that veterans with marked graves can receive a marker honoring their military service.
We are waiting for House and Senate conferees to be appointed. DAV will then post an alert on our web site asking our membership to contact the conferees in support of keeping these amendments in the bill during the conference process.
Representative Bilirakis has assured us he will continue to fight for concurrent receipt legislation. He plans to contact all cosponsors of H.R. 303 in the House and request their support to influence the conferees as S. 2549 goes to conference.
We still must target the House leadership for support on H.R. 303. The House leadership has received significant pressure, but still has not brought the bill to the floor for a vote, even with the majority of the House cosponsoring the bill. Please note however, that it is not the number of cosponsors a bill has that determines whether or not it moves forward. The leadership must support the issue and call it to the floor!
We encourage you to continue to check the web site for updates and to keep the pressure on your elected officials to keep these provisions in the final version of the National Defense Authorization Act.
DISABLED VETERANS' LIFE MEMORIAL
On July 10, 2000, the Senate passed, by voice vote, S. 311, the Disabled Veterans' LIFE Memorial bill. This measure would authorize construction of a memorial honoring disabled veterans in Washington, D.C. The legislation would allow the Disabled Veterans' LIFE Memorial Foundation to raise money privately to build and maintain the memorial on federal property in the District of Columbia.
S. 311 was amended in Committee to prohibit the building of memorials on certain property within the Mall area between the Washington Monument and the Lincoln Memorial and the Jefferson Memorial and the White House.
In May, the House passed H.R. 1509, the companion bill to S. 311. Differences in the bills will be resolved in conference, unless either the House or Senate agrees to pass the other chamber's version of the bill.
VETERANS AND DEPENDENTS MILLENNIUM EDUCATION ACT
On May 11, the House Committee on Veterans' Affairs voted (21-0) to increase amounts of educational assistance for veterans under the Montgomery GI Bill (MGIB) and to enhance programs providing educational benefits. The Veterans and Dependents Millennium Education Act (H.R. 4268) would increase the current MGIB benefit from $536 to $600 a month on October 1, 2000, for full-time students, and to $720 on October 1, 2002. There would also be proportionate increases for part-time students.
The bill, introduced by Representative Bob Stump (R-AZ), is needed to keep up with the increasing costs of education and for military recruiting and retention purposes. Representative Lane Evans, Ranking Minority Member on the House Veterans' Affairs Committee and member of the House Armed Services Committee, reported in a news release that colleges and universities have quadrupled their tuition costs over the past 20 years. The basic MGIB, however, has increased only 76 percent since the program was enacted. The Armed Forces need increased educational benefits for veterans that will attract and retain high-ability young people in a growing economy.
The bill adopted by the Committee would:
* Provide another opportunity to convert from VEAP to the MGIB. Many active duty individuals either declined the last chance to convert or had zeroed out their VEAP accounts.
* Increase survivors' and dependents' education assistance benefits for full-time students from $485 to $600 a month starting October 1, 2000, and to $720 a month on October 1, 2002, with appropriate increases for part-time students. The bill also authorizes an annual cost-of-living adjustment (COLA).
* Permit the award of survivors' and dependents' educational assistance payments to be retroactive to the date of the service-connected death or award of 100 percent disability rating.
* Allow monthly education assistance benefits to be paid between term, quarter, or semester intervals of up to eight weeks.
* Allow use of MGIB benefits to pay the fee for a veteran's civilian occupational licensing or certification examination.
The bill was placed on the calendar and is awaiting call-up from the House floor for a vote.
On May 23, 2000, the House considered S. 1402, a measure to increase amounts of educational assistance for veterans under the MGIB. At that time, the language in S. 1402 was replaced with the provisions from H.R. 4268. The measure, S. 1402, as amended, was passed by the House and referred back to the Senate.
NOMINATIONS ANNOUNCED FOR
VA UNDER SECRETARY FOR HEALTH AND MEMORIAL AFFAIRS
On May 12, 2000, President Clinton announced his intent to nominate Dr. Thomas L. Garthwaite as Under Secretary for Health for the VA and Robert M. Walker as VA Under Secretary for Memorial Affairs.
Dr. Garthwaite has served as VA Deputy Under Secretary for Health since 1995.
The Under Secretary for Health serves as the Chief Executive Officer of the Veterans Health Administration (VHA). This administration operates the national health care delivery system for over 3.5 million enrolled veterans; administers a program of education and training for health care personnel; directs a program of medical research; and provides contingency support for the Department of Defense and public health care services during times of war or national emergency.
The Honorable Robert M. Walker has served as VA Acting Under Secretary for Memorial Affairs since December 22, 1999. The Under Secretary for Memorial Affairs is responsible for policy, management, and operation of the National Cemetery Administration and for the operation and maintenance of 118 national cemeteries and other memorial-related programs for veterans and eligible family members.
The Senate Veterans' Affairs Committee held a hearing to consider the nominations on June 22. The next step in the nomination process is a vote by the full Senate.
WOMEN VETERANS ISSUES
On June 8, the DAV provided testimony before the House Committee on Veterans' Affairs Subcommittee on Oversight and Investigations concerning programs and services for women veterans.
Our testimony focused on VA health care services for women veterans, including access to counseling and treatment for sexual trauma and inpatient mental health care services; privacy and safety concerns of women veterans utilizing VA facilities; initiatives for women veterans who are homeless; the effectiveness of the VA Advisory Committee for Women Veterans, Women Veterans Coordinators and outreach initiatives for women veterans; and decreased benefit awareness among women veterans.
In late June, the DAV, along with the White House Office on Women's Initiatives and Outreach, cosponsored the VA 2000 National Summit on Women Veterans Issues. The event, hosted by the VA Center for Women Veterans, was a great success. Nearly 350 participants attended the Summit in Washington, D.C. including federal and state agency representatives, Capitol Hill staffers, veterans service providers; and women veterans from across the country. The goal of the Summit was to provide a forum for participants to discuss current initiatives for women veterans, identify issues of concern to the women veteran community, and develop recommendations to address them through legislative, programmatic and outreach activities.
The forum provided an update on current federal initiatives for women veterans with particular focus on health care, homelessness, benefits, research on women veterans health, minority women veterans, women in war, and transition and employment issues. A formal document incorporating the issues and concerns of the Summit work groups will be distributed to VA program officials, other federal and state agencies, the United States Congress, veterans service organizations, and veterans service providers for consideration in organizational strategic planning activities.
HEPATITIS C INITIATIVE
The American Liver Foundation helped to form the Veterans Hepatitis C Liver Council, which held its inaugural meeting on June 15, 2000 in Washington, D.C. Experts in the field of hepatitis C, health care professionals from within VHA, and representatives from several major veterans service organizations, including DAV, make up the Council.
The Veterans Hepatitis C Liver Council was formed to address the increased incidence of hepatitis C among veterans. This rate is reported four to five times greater than the infection rate among the general population. In this study, veterans who served in Vietnam accounted for more than 60 percent of all positive test results. The increased incidence of hepatitis C among veterans could be the result of exposure to blood-borne hepatitis C virus from blood transfusions received during or after combat-related surgical care.
The newly formed Veterans Council urges veterans nationwide to get tested for hepatitis C, a virus that can go undetected for 20 or even 30 years and can cause severe liver damage. As part of a nationwide hepatitis C initiative, free test kits were made available to veterans via the Internet and through a toll-free help line from July 3-9. Legislation (H.R. 1020) introduced by Representative Vic Snyder (D-AR) would establish a presumption of service connection for veterans who have a current diagnosis of hepatitis C and were exposed to certain risk factors associated with hepatitis C during military service. If passed, the bill would allow veterans to receive service-connected compensation without providing proof of the source of their infection.
RALLIES 2000
DAV members gathered at 106 locations to make DAV's Rallies 20000-"Tell Washington to Keep America's Promise to Veterans: Register and Vote"-a huge success. Hundreds of new voters were registered to vote in the upcoming election in November. In addition, members of Congress, some who personally attended local rallies, heard the message to keep our government's commitment to veterans and make veterans' programs a national priority.
To all those who worked to make these rallies a success, I thank you for your efforts.
BILLS INTRODUCED IN THE 106TH CONGRESS
The following bills have been introduced in the House and Senate since the May 2000 Legislative Bulletin. This list includes bills of interest to disabled veterans and their families.
H.R. 4522, introduced by Representative Collin C. Peterson (D-MN), would amend title 38, United States Code, to provide a presumption of service connection for certain specified diseases and disabilities in the case of veterans who were exposed during military service to carbon tetrachloride.
H.R. 4716, introduced by Representative Bart Stupak (D-MI), would amend title 38, United States Code, to provide that the rate of reimbursement for motor vehicle travel under the beneficiary travel program of the VA shall be the same as the rate for private vehicle reimbursement for Federal employees.
H.R. 4730, introduced by Representative Tammy Baldwin (D-WI), would establish a National Center for Military Deployment Health Research to provide an independent means of the conduct and coordination of research into issues relating to the deployment of members of the Armed Forces overseas.
H.R. 4760, introduced by Representative Stupak, would amend title 38, United States Code, to provide a presumption of service connection for injuries classified as cold weather injuries which occur in veterans who sustained exposure to cold weather while engaged in military operations.
H.R. 4785, introduced by Representative Sue Kelly (R-NY), would amend title 38, United States Code, to revise the provisions of law relating to the payment of accrued benefits by the VA in the case of the death of a veteran with a pending claim for an increase in service-connected disability rating.
H.R. 4791, introduced by Representative J.D. Hayworth (R-AZ), would amend title 38, United States Code, to establish a presumption of service connection for occurrence of hepatitis C in certain veterans.
S. 2640, introduced by Senator Barbara Boxer (D-CA), would amend title 38, United States Code, to permit VA pharmacies to dispense medications to veterans for prescriptions written by private practitioners, and for other purposes.
CONCLUSION
We greatly appreciate everyone who has taken time out of their busy schedule to send an e-mail or letter to a member of Congress. Your participation is essential to influencing elected officials on issues important to veterans and their families. DAV's Legislative Action web site provides prepared e-mail messages and sample letters to Congressional members on key issues of concern to veterans. Please check the site for upcoming Budget and Appropriations Alerts, Calls to Action and information on election 2000.
I realize that not everyone has access to the Internet and our web site. For those who do, I would encourage you to make copies of our alerts and e-mail messages and make them available to those members who are not surfers of the World Wide Web.
Thank you for your support of DAV's legislative goals.
_______________________________
JOSEPH A. VIOLANTE
National Legislative Director
--------------------------------------------
DENTAL CARE Myths: Myths, like believing that finding a four-leaf clover or hanging a horseshoe over a door will bring good luck, are generally harmless. But when those myths are aimed at dental care, the result is hefty dental expenses and hours logged in a dentist’s chair. The following are some of the more common dental myths and facts about them:
Myth No.1. “The primary reason for brushing is to remove food debris.” Although brushing does aid the removal of food debris, its main goal is to remove plaque, the true villain in tooth decay. Plaque is a sticky, colorless layer of bacteria that constantly forms on teeth and gums. It also contributes to the cause of gum disease. Brushing and flossing at least twice a day will help prevent dental disease by removing the plaque.
Myth No.2. “A hard toothbrush is best.” Most dentists prefer toothbrushes with soft bristles. These are less likely to injure the gums and teeth. Hard toothbrushes are more likely to cause the gums to pull away from the teeth and to abrade away tooth structure at the necks of the teeth.
Myth No. 3. “People with no cavities do not have to worry about losing their teeth.” This is not true. In adults, cavities or tooth decay is not the primary cause of tooth loss. This honor belongs to periodontal (gum) disease. Periodontal disease attacks the gums and bone that support the teeth. Over time the teeth become loose and gum abscesses develop if your dentist does not treat the disease early. Many denture wearers can thank gum disease for their false teeth.
Myth No. 4. “I was born with soft or bad teeth.” There is an uncommon hereditary condition called Dentinogenesis Imperfecta, which causes rapid wear of the primary (baby) and permanent teeth, but in general this statement is false. Believing this myth can lead to the belief that there is nothing that can be done to prevent tooth decay and tooth loss.
Myth No.5. “If a little toothpaste is good, a lot is better.” You can get too much of a good thing. Excessive toothpaste containing fluoride can cause fluorosis, a condition that can result in brown discoloration or severe defects in the enamel, when children with permanent teeth developing in their jaws swallow it. Small children swallowing excessive fluoride toothpaste can suffer fluoride overdose, causing a medical emergency. Parents should supervise and help small children with their brushing, ensuring that only a pea-size portion of toothpaste is placed on the toothbrush bristles.
Myth No. 6.”Placing an aspirin on an aching tooth will relieve the pain.” This is untrue. You can take an aspirin internally to relieve a toothache, but placing it directly on the tooth will not alleviate the pain. The aspirin, acetylsalicylic acid, can actually cause a chemical burn to the surrounding tissue. When a toothache occurs, seek care from your dentists as soon as possible.
Myth No. 7. “A mother will lose a tooth for every child.” This is “myth-information.” Persons believing this myth think that the unborn child absorbs calcium from the mother’s teeth. As a matter of fact, calcium would be absorbed from the mothers bones, not her teeth. Because of this, the mother requires a sufficient supply of calcium. With a proper diet, daily brushing and flossing, and regular dental examinations, the mother does not have to worry about this myth.
Myth No. 8. “Baby teeth do not need to be filled, because they will come out in a few years anyway.”
Baby teeth are very important. They hold the space for the permanent teeth and allow the child’s face and jaws to grow properly. Healthy teeth and gums cannot be attributed to luck. They require a proper daily oral hygiene program and regular dental examinations by a dentist. [Army News Service 24JAN 24 00 by Lt. Col. Henry Greene]
Lt. James “EMO” Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
-------------------------------------------------
College Offers for Vets and Retirees: Active duty personnel, veterans and their dependents can use their educational benefits to participate in the on-line law degree programs (J.D and E.J.D.) offered by Concord University School of Law. The fully on-line program allows students to pursue a law degree from anywhere in the world. Information about Montgomery GI Bill benefits is available at www.gibill.va.gov or by calling 1-888-442-4551. Prospective applicants can learn more about Concord by calling 1-888-228-7737 or by visiting www.concordlawschool.com on the world wide web. Averett College in Vienna, Va., is offering a 25 percent tuition scholarship for military retirees and honorably discharged veterans who are full-time students in any Averett program. The college has 25 sites in Virginia and the District of Columbia. For more information, call Terry Grant at 703-893-0663 or visit http://www.averett.edu/html/military.html. [Source: FRA News-Bytes 7 JUL 00]
Lt. James “EMO” Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 [Answering Machine] or 801-760-2430 [Stateside FAX to Email Service]
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
----------------------------------------------
College Offers for Vets and Retirees: Active duty personnel, veterans and their dependents can use their educational benefits to participate in the on-line law degree programs (J.D and E.J.D.) offered by Concord University School of Law. The fully on-line program allows students to pursue a law degree from anywhere in the world. Information about Montgomery GI Bill benefits is available at www.gibill.va.gov or by calling 1-888-442-4551. Prospective applicants can learn more about Concord by calling 1-888-228-7737 or by visiting www.concordlawschool.com on the world wide web. Averett College in Vienna, Va., is offering a 25 percent tuition scholarship for military retirees and honorably discharged veterans who are full-time students in any Averett program. The college has 25 sites in Virginia and the District of Columbia. For more information, call Terry Grant at 703-893-0663 or visit http://www.averett.edu/html/military.html. [Source: FRA News-Bytes 7 JUL 00]
Lt. James “EMO” Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 [Answering Machine] or 801-760-2430 [Stateside FAX to Email Service]
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
----------------------------------------------
Veteran's Employment Rights: The Uniformed Services Employment and
Reemployment Rights Act (USERRA), P.L. 103-353, guarantees that all members
of the uniformed services, including veterans, reservists, and members of
the National Guard, will not suffer disadvantages in civilian employment or
be denied reemployment rights because of their military active duty or
training obligations. The law also prohibits an employer from
discrimination in employment or taking any adverse employment action
against a person because of their past, present or future military
obligations. The ban on discrimination is broad, extending to most areas of
employment, including hiring, promotion, reemployment, termination and
benefits that include credit for qualifying military service when
calculating retirement benefits. The law applies to all employers, public
or private, regardless of size. The Labor Department's VETS investigates
employment, reemployment rights, and discrimination complaints under the
law. The law covers more than 15 million members of the uniformed services
working in the private and public sectors. VETS maintains an interactive
Internet website that answers many of the most-often asked questions about
USERRA. The address is <www.dol.gov/dol/vets>. (Source: The Veterans
Journal, Vol. XIII, Edition 3 & NAUS Leg Up 26 MAY 00)
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg or Stateside FAX to Email
Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
-----------------------------------------------
Veteran's Employment Rights: The Uniformed Services Employment and
Reemployment Rights Act (USERRA), P.L. 103-353, guarantees that all members
of the uniformed services, including veterans, reservists, and members of
the National Guard, will not suffer disadvantages in civilian employment or
be denied reemployment rights because of their military active duty or
training obligations. The law also prohibits an employer from
discrimination in employment or taking any adverse employment action
against a person because of their past, present or future military
obligations. The ban on discrimination is broad, extending to most areas of
employment, including hiring, promotion, reemployment, termination and
benefits that include credit for qualifying military service when
calculating retirement benefits. The law applies to all employers, public
or private, regardless of size. The Labor Department's VETS investigates
employment, reemployment rights, and discrimination complaints under the
law. The law covers more than 15 million members of the uniformed services
working in the private and public sectors. VETS maintains an interactive
Internet website that answers many of the most-often asked questions about
USERRA. The address is <www.dol.gov/dol/vets>. (Source: The Veterans
Journal, Vol. XIII, Edition 3 & NAUS Leg Up 26 MAY 00)
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or 446-2087 to record msg or Stateside FAX to Email
Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
-------------------------------------------
Burial Policy for Spouses: National cemetery policy states that the
surviving spouse of a veteran who remarries another veteran may choose to
be buried with either his or her first or second spouse. On the other
hand, a surviving spouse who remarries a nonveteran may not be buried with
his or her veteran spouse in a national cemetery. If the second marriage
to a nonveteran ends, however, the survivor again becomes eligible to be
buried with his or her veteran spouse. Arlington Cemetery uses different
rules. If a surviving spouse dies while remarried to either a veteran or
nonveteran, he or she may not be buried with the first spouse at
Arlington. [Source: TROA Magazine May 2000].
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
----------------------------------------------
Ms. Renee Chevalier
M E M O R A N D U M
TO: Supervisory National Service Officers
Department Adjutants and Commanders
Benefits Protection Team Leaders
Members of DAV CAN
Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: LEGISLATIVE ALERT
DATE: June 20, 2000
Later this week, the Senate will vote on S. 2549. This bill contains a number of provisions beneficial to veterans and military retirees. They include restoration of the Department of Veterans Affairs (VA) duty to assist, full concurrent receipt of military retired pay and VA disability compensation, and medical care for military retirees over age 65.
Please use the prepared e-mail message on DAV's web site to urge your Senators to support passage of S. 2549 today! I have also attached a sample letter.
As always, thank you for your fine support.
______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachment
As your constituent, I write to ask you to vote for S. 2549, the National Defense Authorization Act.
This bill contains several provisions that are beneficial to former servicemembers and veterans, including a provision to restore the Department of Veterans Affairs' (VA's) duty to assist claimants in developing all necessary evidence to support their claims. It also includes provisions for medical care for military retirees over age 65, and for full concurrent receipt of military retired pay and VA disability compensation.
Thank you for your consideration. I would appreciate your letting me know whether you will support this bill.
-----------------------------------------------
M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: LEGISLATIVE ALERT
DATE: June 20, 2000
Later this week, the Senate will vote on S. 2549. This bill contains a number of provisions beneficial to veterans and military retirees. They include restoration of the Department of Veterans Affairs (VA) duty to assist, full concurrent receipt of military retired pay and VA disability compensation, and medical care for military retirees over age 65.
Please use the prepared e-mail message on DAV's web site to urge your Senators to support passage of S. 2549 today! I have also attached a sample letter.
As always, thank you for your fine support.
______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachment
________________________________________
As your constituent, I write to ask you to vote for S. 2549, the National Defense Authorization Act.
This bill contains several provisions that are beneficial to former servicemembers and veterans, including a provision to restore the Department of Veterans Affairs' (VA's) duty to assist claimants in developing all necessary evidence to support their claims. It also includes provisions for medical care for military retirees over age 65, and for full concurrent receipt of military retired pay and VA disability compensation.
Thank you for your consideration. I would appreciate your letting me know whether you will support this bill.
------------------------------------------------
THIS IS THE OTHER ATTACHMENT TO THE MEMO JUST SENT! (Sorry!)
As your constituent, I write to ask you to support Amendment No. 3272, "Assist Former Servicemembers with Claims Processing," to S. 2549, the National Defense Authorization Act. This amendment will improve the claims and appeal processes for veterans seeking benefits from the Department of Veterans Affairs.
Veterans seeking disability and other benefits need a claims system that is simple, helpful, responsive, and timely. This amendment will make the system work better for veterans and more efficiently for VA. Currently, VA is struggling to overcome high error rates in its claims decisions and huge claims backlogs, which result in delayed benefits for veterans. Although the availability of judicial review has had a positive effect, it has increased burdens upon the VA and veterans seeking benefits. This amendment will make changes to simplify the claims and appeals processes and correct some of the inequities in the current procedures.
Thank you for your consideration. I would appreciate your letting me know whether you will support this amendment.
------------------------------------------------
M E M O R A N D U M
TO: Selected Supervisory National Service Officers
Selected Department Adjutants and Commanders
Selected Benefits Protection Team Leaders
Selected Members of DAV CAN
FROM: Joseph A. Violante, National Legislative Director
SUBJ: IMMEDIATE ACTION NEEDED
DATE: June 16, 2000
I have attached a list of the members of the Senate Armed Services Committee. At least one Senator from your state is on this Committee. We need the support of the Armed Services Committee to pass Amendment No. 3272 to the National Defense Authorization Act, S. 2549. This amendment, introduced by Senator John McCain (R-AZ), would restore the Department of Veterans Affairs duty to assist claimants in developing all evidence necessary to support their claims.
I have also attached a sample letter. Please call your Senator's office or e-mail a copy of this sample letter. Please make it clear that you are contacting them in their capacity as members of the Armed Services Committee.
Please take immediate action on this request, as the vote on this amendment is expected early next week. As always, thank you for your support.
_____________________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachments
SENATE ARMED SERVICES COMMITTEE
Name
Address
Telephone Number
John Warner (R-VA), Chairman
225 Russell Senate Office Building
Washington, DC 20510-4601
(202) 224-2023 (phone)
(202) 224-6295 (fax)
Strom Thurmond (R-SC)
217 Russell Senate Office Building
Washington, DC 20510-4001
(202) 224-5972 (phone)
(202) 224-1300 (fax)
John McCain (R-AZ)
241 Russell Senate Office Building
Washington, DC 20510-0303
(202) 224-2235 (phone)
(202) 228-2862 (fax)
Robert C. Smith (R-NH)
307 Dirksen Senate Office Building
Washington, DC 20510-2903
(202) 224-2841 (phone)
(202) 224-1353 (fax)
James M. Inhofe (R-OK)
453 Russell Senate Office Building
Washington, DC 20510-4503
(202) 224-4721 (phone)
(202) 228-0380 (fax)
Rick Santorum (R-PA)
120 Russell Senate Office Building
Washington, DC 20510-3804
(202) 224-6324 (phone)
(202) 228-0604 (fax)
Olympia J. Snowe (R-ME)
250 Russell Senate Office Building
Washington, DC 20510-1903
(202) 224-5344 (phone)
(202) 224-1946 (fax)
Pat Roberts (R-KS)
302 Hart Senate Office Building
Washington, DC 20510-1605
(202) 224-4774 (phone)
(202) 224-3514 (fax)
Wayne Allard (R-CO)
513 Hart Senate Office Building
Washington, DC 20510-0606
(202) 224-5941 (phone)
(202) 224-6471 (fax)
Tim Hutchinson (R-AR)
245 Dirksen Senate Office Building
Washington, DC 20510-0403
(202) 224-2353 (phone)
(202) 228-3973 (fax)
Jeff Sessions (R-AL)
493 Russell Senate Office Building
Washington, DC 20510-0104
(202) 224-4124 (phone)
(202) 224-3149 (fax)
Carl Levin (D-MI), Ranking Minority Member
459 Russell Senate Office Building
Washington, DC 20510-2202
(202) 224-6221 (phone)
(202) 224-1388 (fax)
Edward M. Kennedy (D-MA)
315 Russell Senate Office Building
Washington, DC 20510-2101
(202) 224-4543 (phone)
(202) 224-2417 (fax)
Jeff Bingaman (D-NM)
703 Hart Senate Office Building
Washington, DC 20510-3102
(202) 224-5521 (phone)
Robert C. Byrd (D-WV)
311 Hart Senate Office Building
Washington, DC 20510-4801
(202) 224-3954 (phone)
(202) 228-4467 (fax)
Charles S. Robb (D-VA)
154 Russell Senate Office Building
Washington, DC 20510-4603
(202) 224-4024 (phone)
(202) 224-8689 (fax)
Joseph I. Lieberman (D-CT)
706 Hart Senate Office Building
Washington, DC 20510-0703
(202) 224-4041 (phone)
(202) 224-9750 (fax)
Max Cleland (D-GA)
461 Dirksen Senate Office Building
Washington, DC 20510-1005
(202) 224-3521 (phone)
(202) 224-0072 (fax)
Mary L. Landrieu (D-LA)
702 Hart Senate Office Building
Washington, DC 20510-1804
(202) 224-5824 (phone)
(202) 224-9735 (fax)
Jack Reed (D-RI)
320 Hart Senate Office Building
Washington, DC 20510-3903
(202) 224-4642 (phone)
(202) 224-4680 (fax)
---------------------------------------------
MILITARY PENSION LOANS: Military retirees have been receiving emails and
letters by mail from companies who are offering loans in exchange for their
retirement pensions. Many retirees are wondering if this is a scam. It is
not. The Florida Department of VA Affair's general counsel has checked
with the Attorney General's consumer fraud section and with The Retired
Officer' Association. As it turns out, these companies are legitimate.
However, the terms of the loan are indeed stringent. They will lend against
your pension; they require a life insurance policy to be purchased for the
amount of the loan, naming the company as the beneficiary; and they
discount the pension by a high percentage, in some cases 40 per cent. It
can be compared to one of the companies that will make a loan immediately
against your IRS refund based upon the expectation that you will get the
refund. This may not be the best use of your money. Additional info on this
can ber found on the at http://www.floridavets.org/retireeloans.htm or go
to http://www.floridavets.org and click on Military Retirees. [Source:
TROA FL CoC IMMC 2 JUN 00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or FAX 446-2087 - Stateside FAX to Email Service
1-801-760-2430 AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
---------------------------------------------------------
M E M O R A N D U M
TO: National Officers
Supervisory National Service Officers
Department Commanders and Adjutants
Selected Benefits Protection Team Leaders
Action E-List
DAV CAN Members
FROM: Joseph A. Violante, National Legislative Director
SUBJ: IMMEDIATE ACTION NEEDED
DATE: June 9, 2000
Senator John McCain (R-AZ) has introduced an amendment to S. 2549, the National Defense Authorization Act. This amendment, No. 3272, would restore the Department of Veterans Affairs duty to assist claimants in developing all evidence necessary to support their claims. The amendment is modeled after S. 1810, introduced by Senator Patty Murray (D-WA).
A vote on this amendment is expected next week. Please take immediate action by calling or writing your Senators today to urge their support for this important amendment. I have attached a sample letter for your convenience. There is also a prepared e-mail message on our web site at www.dav.org.
As always, thank you for your support.
_______________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
Attachment
As your constituent, I write to ask you to support Amendment No. 3272, "Assist Former Servicemembers with Claims Processing," to S. 2549, the National Defense Authorization Act. This amendment will improve the claims and appeal processes for veterans seeking benefits from the Department of Veterans Affairs.
Veterans seeking disability and other benefits need a claims system that is simple, helpful, responsive, and timely. This amendment will make the system work better for veterans and more efficiently for VA. Currently, VA is struggling to overcome high error rates in its claims decisions and huge claims backlogs, which result in delayed benefits for veterans. Although the availability of judicial review has had a positive effect, it has increased burdens upon the VA and veterans seeking benefits. This amendment will make changes to simplify the claims and appeals processes and correct some of the inequities in the current procedures.
Thank you for your consideration. I would appreciate your letting me know whether you will support this amendment.
---------------------------------------------
VA Care For Terminal Patients: There is NO distinction as far as VA payment for
medical services is concerned. VA pays for authorized medical services related
to service-connected disabilities. Terminally diagnosed patients who remain in
the hospital will continue to receive the same care and support from the VA
that they did prior to being diagnosed terminal. In some instances the family
of the patient or the patient himself may want to return home or transfer to a
Hospice. This is not a problem as long as appropriate care to ease suffering
and provide maintenance can be administered and is available. If this is
anticipated proper advance planning will alleviate problems and ensure
continued funding of treatment from the VA.
If requested the VA will arrange for home health care [subject to
availability in the community] when medically indicated by the VA Primary Care
Physician. This applies whether terminal or not. Care must be consistent with
community standards for care, is for the treatment of service-connected
disability, and is a preferred alternative to hospitalization. Home health
care is called for when the patient is no longer mentally or physically able to
personally administer medications or shots, control elimination, or maintain
personal hygiene. All prescribed medications, physician visits, oxygen and
other special equipage required to keep the patient alive or ease suffering are
chargeable to the VA.
Aid & Attendance: To obtain additional benefits for home treatment Aid and
Assistance must be requested. This is a benefit paid in addition to either
disability compensation or pension. If the veteran is already receiving
benefits a written request, over the veteran's signature is usually adequate to
open a claim. If the veteran has never filed a claim for disability benefits,
a formal application (VA Form 21-526) would have to be filed along with the
request for A&A. Approval time by the VA is subject to the Regional Center's
current workload. Generally, most regional offices will try to expedite a
claim if the veteran is terminally ill, and are often able to give a decision
in 30 days or less.
Normally, the effective date of an approved entitlement is the date the
claim is received by the VA. However, there are provisions where the effective
date can be retroactive to the date of admission to a VA hospital, or a non-VA
hospital if the veteran was maintained at VA expense. In the event the patient
dies before approval the family may be paid (with certain restrictions) any
benefits which accrued but were not paid to the veteran before his death.
Reimbursement from accrued funds for actual expenses paid occur only when there
is no qualifying dependent and is then limited to the amount of the accrued
expenses.
A&A will be denied if the veteran did not qualify for pension and/or the
condition(s) causing the need for A&A is not related to service. Also, if the
veteran does not actually need the aid and attendance of another person as
determined by the VA.
Hospice: Veterans may be more comfortable spending their remaining days in a
Hospice that can provide appropriate care for terminally ill patients who need
assistance. VA will authorize this provided there is a VA approved facility
available. In the Philippines there are no authorized Hospice facilities.
Termination of Care: A patient can request termination of care even if his
family disagrees. However, it can only happen if the patient, while he is
still physically and mentally able to make decisions for himself has made a
"durable power of attorney". The "durable power of attorney" is a legal
document witnessed by the patient's next of kin in the presence of a lawyer.
This document would state the patient's wishes in the event that his condition
is terminal. VA legal counsel indicates a durable power of attorney is the
closet legal document to a "living will" or "advanced directive". This document
should be honored by the VA fee basis hospital and should be presented to the
attending MD prior to the patient's confinement. A durable power of attorney
form (VA 10-0137) used in the US is available from the clinic in Manila. An
equivalent document prepared by local legal services may be more acceptable to
the local community.
[Source: USVA Clinic Manila 3/8/00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
----------------------------------------------
Malpractice: A U.S. Supreme court decision in 1950, known as the "Feres
Doctrine", forbids active-duty personnel from suing the government for medical
malpractice or for any other injury they receive. Congress has repeatedly
rejected proposals to allow active-duty members to sue in personal injury cases
under the Federal Tort Claims Act. Active-duty personnel can be compensated in
other ways for malpractice. They can receive retirement disability. If they
are severely injured because of malpractice they are entitled to certain SS and
VA benefits. Technically, active-duty personnel can ask congress to pass a
so-called private relief bill to give them financial compensation. However,
such legislation is rare and almost always opposed by the Pentagon.
Family members and retirees are in a different category. They can sue
for personal injury compensation in cases of medical malpractice or other
negligence by a government employee. Many states have ceilings on the amount
of money that can be paid in malpractice cases. Administrative claims must be
exhausted before an individual goes to a court with a lawsuit. Filing a
malpractice claim against the service is relatively simple, though it may take
years before a final judgement is reached. To file, family members and
retirees fill out a form at a base claims office, stating the basis for their
belief that malpractice occurred and asking for a specific amount of damages.
A claim must be filed within two years of the alleged malpractice. Retirees
can only file for malpractice that occurred after they retired. It is a good
idea to have legal help in filling out the form, but a lawyer is not required.
Most of the military's legal powers in such cases are on the government's
side. Military lawyers can help an alleged malpractice victim file such
claims, but cannot officially represent the victim. Local lawyers for the
military can settle claims for small amounts, but most malpractice claims are
forwarded to the main offices of the service branch concerned.
The military has six-months to review the claim. Settlement of claims at
this point avoids costly litigation, both for the injured person and the
government. If the settlement offer is unsatisfactory, an individual can
negotiate for more. If still unsatisfied, they can go to court. Also, if the
military makes no offer within six months the individual can sue.
In 1991, the U.S. Supreme court ruled that family members couldn't sue
service doctors overseas. However, in cases of medical care provided overseas,
family members may file administrative claims for compensation. In these
cases, family members dissatisfied with a claims decision can appeal directly
to the service secretary or judge advocate general, depending on the size of
the claim. It is not unusual for a decision to be reversed or for a claim
award to be increased. The decision in such an appeal is not subject to court
reviews. [Source: Military Times Handbook APR 00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or Stateside FAX to Email Service 1-801-760-2430
Member - AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW
------------------------------------------------
M E M O R A N D U M
TO: National Officers
Supervisory National Service Officers
Department Commanders and Adjutants
Selected Benefits Protection Team Leaders
Action E-List
DAV CAN members
FROM: Joseph A. Violante, National Legislative Director
SUBJ: OUTCOME OF VOTE ON H.R. 853
DATE: May 17, 2000
Late on May 16, 2000, the House voted 250-166 to defeat H.R. 853, a bill that, among other things, would have changed the current non-binding budget resolution to a joint resolution that would become law if signed by the President. The bill would have required that all programs except Social Security be reauthorized every 10 years and that all new programs be authorized for no more than 10 years.
Over the last two days, over 700 e-mails were sent from our web site. Thank you for your overwhelming support of our position on this bill.________________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
PROTECT YOUR BENEFITS--REGISTER AND VOTE!
---------------------------------------------
M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ: OUTCOME OF VOTE ON H.R. 853
DATE: May 17, 2000
Late on May 16, 2000, the House voted 250-166 to defeat H.R. 853, a bill that, among other things, would have changed the current non-binding budget resolution to a joint resolution that would become law if signed by the President. The bill would have required that all programs except Social Security be reauthorized every 10 years and that all new programs be authorized for no more than 10 years.
Over the last two days, over 700 e-mails were sent from our web site. Thank you for your overwhelming support of our position on this bill.
________________________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
PROTECT YOUR BENEFITS--REGISTER AND VOTE!
----------------------------------------------
This could get your goat!!!!
***************************
Our Senators and Congressmen don't pay in to Social Security, and, of
course, they don't collect from it. The reason is that they have a
special retirement plan that they voted for themselves many years ago.
For all practical purposes, it works like this:
When they retire, they continue to draw their same pay, until they
die, except that it may be increased from time to time, by cost of
living adjustments.
For instance, former Senator Bradley, and his wife, may be expected to
draw $7,900,000, with Mrs. Bradley drawing $275,000 during the last
year of her life. This is calculated on an average life span for each.
This would be well and good, except that they paid nothing in on any
kind of retirement, and neither does any other Senator or Congressman.
This fine retirement comes right out of the General Fund: our tax
money.
While we who pay for it all, draw an average of $1000/month from Social
Security.
Imagine for a moment that you could structure a retirement plan so
desirable that people would have extra deducted so that they could
increase their own personal retirement income. A retirement plan that
works so well, that Railroad employees, Postal Workers, and others who
aren't in it, would clamor to get in.
That is how good Social Security could be, if only one small change
were made. That change is to jerk the Golden Fleece retirement out from
under the Senators and Congressmen, and put them in Social Security with
the rest of us. Then watch how fast they fix it.
If enough people receive this, maybe one or some of them along the
way, might be able to help. How many can YOU send it to?
-------------------------------------------------
Pain Relief Internet Sources: A study by the American Pain Society [APS] in
1999 revealed that 9% of adult Americans experience moderate to severe
non-cancer related pain. Studies also show that unrelieved pain tends to
intensify. If you are one of those affected you may want to review the
article in the RAO's Bulletin Medical Supplement on Living With
Pain. Following are Internet resources that may be of assistance to you:
American Academy of Pain Medicine [AAPM], 4700 W. Lake Ave., Glenview IL
60025 Tel: [847] 375-4731 Website: www.painmed.org. AAPM is an organization
of physicians specializing in pain medicine.
American Chronic Pain Association [ACPA], O Box 850, Rocklin CA 95677 Tel:
[916] 632-0922 Website: www.theacpa.org. ACPA is a leading support group
with 800 chapters worldwide. It has an informative newsletter and
workbooks. A free packet of info is also available. ACPA sponsors family
groups to help manage the lifestyle changes and difficulties that come with
living with a person in chronic pain.
American Pain society [APS], 4700 W. Lake Ave., Glenview IL 60025 Tel:
[847] 375-6315 Website: www.ampainsoc.org. APS is a multidisciplinary,
not-for-profit educational and scientific organization for clinicians and
researchers. It has information on resources, Internet news groups, and
pain facilities listed by state.
American Society for Action on Pain [ASAP], PO Box 3046, Williamsburg VA
23187 Tel: [757] 229-1840 Website: www.actiononpain.org. ASAP is an
information, support, and advocacy group. Its website contains numerous
links and information including a "panic button" for rapid help in locating
pain specialists.
Chrinic Pain Forum Website: http://come.to/painsupport. An Internet
support and patient advocacy group working for legislative change. Has
numerous links and message boards, a weekly email newsletter, and
information on finding pain specialists.
Chronic Pain Worldwide Webring Website: www2.dmci.net/users/cyberlaw. A
good place to start for numerous links to a variety of resources.
PainCentral.com Website: www.paincentral.com. A website with chat area, an
extensive library, and links to related areas.
Stress Therapy Solutions, 25823 Science Park Dr. #100, Beachwood OH 44122
Tel: [216] 766-5707 Website: www.chronicpainsolutions.com. Has a quarterly
newsletter linking traditional and natural medical care.
A world of Information on Pain Website: www.pain.com. Offers a list of
pain specialists, message boards, chat areas, and listings of pain clinics
worldwide.
[Source: TROA Magazine OCT 99]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
==============================
M E M O R A N D U M
TO: National Officers
Supervisory National Service Officers
Department Commanders and Adjutants
Selected Benefits Protection Team Leaders
Action E-List
DAV CAN members
FROM: Joseph A. Violante, National Legislative Director
SUBJ: IMMEDIATE ACTION NEEDED ON H.R. 853
DATE: May 15, 2000
Following is a copy of a letter sent from DAV National Commander Michael E. Dobmeier to all members of the House of Representatives. As you will note, this letter urges House members to vote against H.R. 853.
Under provisions in H.R. 853, veterans' programs would automatically expire if not reauthorized every 10 years. This would put the future of veterans rights and benefits in serious jeopardy.
This bill is scheduled for a vote tomorrow on the House floor. You are therefore urged to immediately have as many veterans and family members call or send similar E-mail messages to your House members strongly urging them to vote against H.R. 853. We are preparing an E-mail message on this issue for our legislative service on DAV's website.
___________/s/______________
JOSEPH A. VIOLANTE
National Legislative Director
JAV:lmb
May 15, 2000
TO: EVERY MEMBER OF THE HOUSE OF REPRESENTATIVES (NOT FORBES)
Dear Representative :
As National Commander of the Disabled American Veterans, I write to urge you to vote against H.R. 853, which would provide for automatic termination of veterans' programs unless reauthorized every 10 years.
We owe a lasting indebtedness to the veterans who make great sacrifices to serve in our Nation's Armed Forces. We have a continuing moral obligation to disabled veterans, particularly. Veterans paralyzed during service or those who suffer the loss of limbs or eyesight, or who suffer with any service-connected disability, continue to pay the price of our freedoms for the rest of their lives. To suggest that we, as a Nation, must reexamine and renew our commitment to care for them every decade is shameful and an insult to those who gave so much for us. Sadly, some in Congress do not seem to appreciate our solemn indebtedness to veterans and do not understand that veterans' rights and benefits should remain above the everyday politics and the politics of the Federal budget.
Thank you for your consideration of this matter. Please let met know whether veterans can count on your support.
Sincerely,
MICHAEL E. DOBMEIER
National Commander
MED:lmb
--------------------------------------------
M E M O R A N D U M
TO: Action E-List
FROM: Joseph A. Violante, National Legislative Director
SUBJ:IMMEDIATE ACTION NEEDED ON H.R. 853
DATE: May 15, 2000
Following is a copy of a letter sent from DAV National Commander Michael E. Dobmeier to all members of the House of Representatives. As you will note, this letter urges House members to vote against H.R. 853.
Under provisions in H.R. 853, veterans' programs would automatically expire if not reauthorized every 10 years. This would put the future of veterans rights and benefits in serious jeopardy.
This bill is scheduled for a vote tomorrow on the House floor. You are therefore urged to immediately have as many veterans and family members call or send similar E-mail messages to your House members strongly urging them to vote against H.R. 853. We are preparing an E-mail message on this issue for our legislative service on DAV's website.
____________________________________
May 15, 2000
TO: EVERY MEMBER OF THE HOUSE OF REPRESENTATIVES (NOT FORBES)
Dear Representative :
As National Commander of the Disabled American Veterans, I write to urge you to vote against H.R. 853, which would provide for automatic termination of veterans' programs unless reauthorized every 10 years.
We owe a lasting indebtedness to the veterans who make great sacrifices to serve in our Nation's Armed Forces. We have a continuing moral obligation to disabled veterans, particularly. Veterans paralyzed during service or those who suffer the loss of limbs or eyesight, or who suffer with any service-connected disability, continue to pay the price of our freedoms for the rest of their lives. To suggest that we, as a Nation, must reexamine and renew our commitment to care for them every decade is shameful and an insult to those who gave so much for us. Sadly, some in Congress do not seem to appreciate our solemn indebtedness to veterans and do not understand that veterans' rights and benefits should remain above the everyday politics and the politics of the Federal budget.
Thank you for your consideration of this matter. Please let met know whether veterans can count on your support.Sincerely,
MICHAEL E. DOBMEIERNational CommanderMED:lmb
=-----------------------------------
VA Transportation Entitlement: As noted in our previous message there is
no program through which Chrysler corporation furnishes vans to
vets. However the VA does have a program for qualified handicapped vets to
assist them in the purchase of vehicles. This program can be used for a
variety of car
or van conversions necessary to provide disabled veterans mobility
worldwide. Each veteran who has a service connected rating for loss of use
of one or more extremity, regardless of percentage of disability assigned,
is eligible for the VA transportation entitlement. Vets can have one
vehicle adapted every two years. An initial one-time entitlement of $8000
is applicable to the vehicle purchase price inclusive of standard equipment
not specifically required to accommodate the veteran's handicap [i.e
Automatic Transmission, Power Brakes, Power Steering, Air Conditioning,
etc]. A vet does not need to use the $8000 to buy a car before he can use
the adaptive equip grant--for example a vet looses a leg due to diabetes.
He would have entitlement to the $8000, but he might be happy with the car
he has so he can get adaptive equip for the car he owns and use the $8000
later when he buys a new or used replacement car.
There is no limit to the reimbursable cost of special adaptive
equipment but the type needed must be authorized by prosthetics. Cost of
standard equipment can also be reimbursed if it is necessary because of the
service-connected loss. The following special adaptive equipage are some,
but not all, currently available for installation under this entitlement:
- wheelchair lift
- power door opener
- wheelchair lock down device
- power seat base to move seat fore and aft and swivel about 100 degrees
- custom designed and built power seat back recliner for driver's seat
- hand controls
- adaptation of power steering for a further reduction in steering effort
- radio remote control for the door and lift
- Secondary battery to power lift, seat, and door
Arrangements for the vehicle, its conversion and payment are the
responsibility of the veteran. To initiate action on adaptive equipment,
the vet must obtain a VA Form 10-1394 from a Prosthetics Chief at a VA
Medical Center and have it signed by his physician as verification of need
for the equipment. To initiate action to receive the one-time $8000
purchase entitlement the vet must request a VA Form 4502. The VA will then
make reimbursement for authorized cost to the veteran. A vet is free to
sell the vehicle at anytime without any reimbursement to the
government. [Source: VA Regional Office St. Paul MN 5 MAY 00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
-----------------------------------------------
Tricare Help Email Service [THEMS]: TRICARE beneficiaries with Internet
access can E-mail their TRICARE questions to:
[email protected]. TRICARE has experts on staff to answer
questions and pass on comments to those who handle everything from basic
TRICARE information to individual TRICARE issues, including claims issues.
Issues beyond their control, such as political/policy changes are routed to
the appropriate agency for their comments. Each-and-every E-mail is tracked
to ensure all correspondence is answered promptly and accurately.
TRICARE E-mail help is the Army's free service designed to get you
quick answers to any TRICARE question. Your inquiry will receive an
initial response from Tricare's professional administrative staff within
one (1) business day. This initial response will let you know which TRICARE
expert has been assigned to help answer your question. Afterwards, with
more difficult issues, you can expect at least a preliminary response in a
week.
The staff consists of personnel who work at Army hospitals, the
TRICARE Management Agency, the corporate headquarters (United States Army
Medical Command/Office of the Army Surgeon General), and for the Assistant
Secretary of Defense for Health Affairs. No matter what part of TRICARE
your E-mail pertains to your personal data remains confidential. Each
inquiry and response is filed so that you can always follow-up and ask for
additional assistance on the same issue. [Source: Tricare News MAR 00]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
----------------------------------------------
Note: Regarding the article "VANS FOR VETS" it is a Hoax. After numerous
inquiries and much investigation the Texas Veterans Commission has
identified it as such. Just goes to show that when something sounds too
good it probably isn't true. A replacement article is being developed
which will cover the VA transportation entitlement.
Pharmacy How to obtain Medication: Active duty and retired military
members and their families can get their medical prescriptions filled in
three different ways.
- If you are enrolled in DEERS you can obtain up to a 90 day supply of
prescribed medications at no cost from any military pharmacy that has
the medications available.
- You may also be eligible to use the national mail-order pharmacy
program. Under this plan, you can get a 90-day supply of non-narcotic
medications or a 30-day supply of narcotic medications sent to your
permanent or temporary home address. The service is free to active duty
members but their family members must pay $4.00 per prescription. All
others pay $8.00 per prescription. To order drugs by mail you must be either:
Active duty service member
Retiree or other Tricare-eligible beneficiary living in the U.S. or at an
APO or FPO address overseas. [Note: Not applicable to the Philippines yet]
Medicare-eligible and living in the service area of a military pharmacy
closed by BRAC.
Uniformed Services Family Health Plan enrollee.
For additional information about national mail order call the
contractor, Merck-Medco at 800-903-4680, or visit the program Web site at:
www.ha.osd.mil/tricare/nmopp.html
- Tricare also allows you to use a retail pharmacy network to obtain
discount prescription drugs, even of you aren't enrolled in Tricare
Prime. Contact your nearest Tricare Service Center for assistance.
[Source:LAAFB Newsletter JAN-MAR 2000]
Lt. James "EMO" Tichacek USN (Ret)
Director, Retiree Activities Office & U.S. Embassy Warden Baguio City,
Philippines
PSC 517 Box RCB, FPO AP 96517-1000
Tel: (63-74) 445-6786 or Stateside FAX to Email Service 1-801-760-2430
AL/CORMV/DAV/FRA/NCOA/PRA/TROA/USDR/VFW member
---------------------------------------------
http://grunt.space.swri.edu./lostfnd.htm
----------------------------------------------
The following was posted on 5/1/2000
NEWS FROM....
CONGRESSMAN LANE EVANS, RANKING DEMOCRATIC MEMBER, COMMITTEE ON VETERANS AFFAIRS, U.S. HOUSE OF REPRESENTATIVES
Washington, DC 20515 Bill Crandell @ 202-225-9756
http://veterans.house.gov/democratic/welcome.htm
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Social Security /Medicare YR 2000: For calendar year 2000 the following is Applicable for social Security and Medicare:
Social Security Tax for employees 6.20% + Medical Tax for employees 1.45% = 7.65%
Maximum Taxable Earned Income for Social Security $76,200
Maximum Taxable Earned Income for Medicare No Limit
Retirement Earnings annual exemptions under age 65 $10,080
Retirement Earnings annual exemptions age 65-69 $17,000
Retirement Earnings annual exemptions age 70 + None
Medicare Part B Premium $45.50
Medicare Part B deductible $100.00
Medicare Part A deductible, Hospital stay first 60 days $776
Co-payment days 61-90 $194 per day
Co-payment lifetime reserve days $388 per day
Co-payment for skilled nursing facility days 21-100 $97 per day
[Source: Max's Facts 42-99 10 DEC 99]
Lt. James F. Tichacek, USN (Ret) Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines PSC 517 Box RCB, FPO AP 96517-1000 (63-74) 445-6786 or FAX 446-2087 AmLeg/DAV/FRA/NCOA/TROA/VFW/CORMV/USDR/PRA Member
---------------------------------------------------------------------------Mail Order Pharmacy "Catch-22": Many military beneficiaries, including older retirees eligible for the Base Realignment and Closure (BRAC) pharmacy benefit, have been using the National Mail Pharmacy Program (NMOP) with great success. Being able to obtain up to a 90 day supply of medication through the mail has saved many beneficiaries the headache of having to get a new prescription filled every 30 days. And it's certainly easier on the pocketbook, since a 90 day supply of drugs through the NMOP costs only $8, compared to $9 for a 30 day supply from a TRICARE network pharmacy. However, a relatively recent change in procurement policy for certain drugs in the NMOP formulary has started to make life much more difficult for beneficiaries, particularly for older retirees, because the drugs affected are used mostly by this group. Since some of the newer medications used to treat conditions like high cholesterol are very expensive, DoD has awarded mandatory source contracts for certain drugs. In a mandatory source contract, one or more drugs effective for certain conditions are designated as "contract drugs" on the NMOP Formulary. Other drugs within the same class as the "contract drug" have been designated as "non-contract drugs." A drug designated as a "non-contract drug" will only be dispensed when medical necessity is substantiated. And herein lies the problem.
How does the Department of Defense (DoD) define "medical necessity"?
Many beneficiaries believe their health care provider is the appropriate person to make that determination, and that a simple letter to the NMOP documenting that a drug is medically necessary should suffice. However, often such letters are being turned down by Merck-MedCo (which administers the NMOP) as insufficient documentation, and the prescription is denied. Take the case of Lipitor, a non-contract drug used to treat high cholesterol. The two contract drugs in this class (Baycol and Zocor) can be used to effectively treat this condition for most patients, but a few do not respond to these drugs and thus need Lipitor. However, unless the letter documenting medical necessity specifically details that the patient does not respond to either Baycol or Zocor, the letter will be dismissed as insufficient evidence of medical necessity.
The question: how is a patient and his health care provider supposed to know this if DoD hasn't made these requirements public? Here's the Catch-22!! When this question was put to members of DoD's Pharmacy and
Therapeutics Committee, which sets policy for the NMOP formulary, they refused to provide the specific criteria the provider has to give to prescribe a drug by name. They say that if the specific criteria for medical necessity were made public, "it would be like giving away the answers to the final exam" and the system would be abused. The rationale behind encouraging the use of less expensive drugs is understandable. But if the designated contract drug(s) can't effectively treat the condition, doctors and beneficiaries need to know the rules for prescribing specific, more effective medications. There is something fundamentally wrong with an apparent practice that makes it so difficult to document medical necessity for more expensive drugs that patients who need them can't get them. Further, this problem will be worsened by DoD's move toward a uniform formulary, as required by Congress in the FY 2000 Defense Authorization Act. Under this concept, all therapeutic classes will have preferred drugs, and medical necessity must be documented for non-preferred drugs. DoD must simplify and disseminate rules for documentation of medical necessity so beneficiaries are able to obtain the proper medication, and they and their doctors aren't made to play guessing games about what DoD will accept as "medically necessary. [Source: TROA's Legislative Update 12/10/99]
Lt. James F. Tichacek, USN (Ret) Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines PSC 517 Box RCB, FPO AP 96517-1000 (63-74) 445-6786 or FAX 446-2087 AmLeg/DAV/FRA/NCOA/TROA/VFW/PRA Member
---------------------------------------------------------------------------Funeral Honors: The DOD Authorization Act for FY 2000 (PL 106-65) Sec 578
changed the composition of funeral honor details from not less than three persons to two or more persons, one of which must be from the service of the deceased. It also requires that each member of the Armed Forces in the detail shall wear the uniform of the member's armed service while serving on the detail. This section also changed the name of these details from an honor guard detail to a funeral honors detail. As a minimum, the funeral honors will consist of folding the flag and presentation to the family and playing of Taps. It also provides for the ordering of Reserve and Nation Guard personnel to active duty (with their consent) to perform funeral honors duties. Reservists who participate will receive a $50 stipend and a point toward their retirement. By law, veterans are now eligible for military funeral honors if they served in the active military and were discharged under other than dishonorable conditions, or if they were a member or former member of the Selective Reserve. Veterans are ineligible if they are convicted of federal or state capital offenses and sentenced to life imprisonment without parole or receive the death penalty.
Sec 381 - Authorizes the Secretary of Army to lend or donate excess M-1 rifles (not more than 15), slings and cartridge belts to eligible organization for use by that organization for funeral ceremonies of member former member of the armed forces. These M-1s with necessary accompanying equipment and blank ammunition will be loaned or donated and delivered without charge to the organization.
Implementation date for military funeral honors is 1 January 2000. Military funeral honors must be requestedthey aren't provided automatically. DoD's new policy calls for funeral directors, rather than families, to contact the military. On 17 November 99, DOD briefed representatives of the Military Coalition, Veterans Service Organizations (VSO) and the funeral industry on implementation. An information kit to provide funeral directors with information when a military funeral is requested has been prepared by DOD with the assistance of the VA, VSOs, and funeral director associations. This kit contains a military service directory for every state and county; a military funeral honors brochure; a list of frequently asked questions; a brochure on how to fold the flag; and a CD with "Taps". It will be provided to all licensed funeral directors,VSO headquarters, national cemeteries and State veterans cemeteries. Also, effective 1 January 2000 a toll free number, 1-877-MIL-HONR (1-877-645-4667) will be available Jan. 1 for funeral directors to coordinate ceremonies well as a military funeral honor web site at http://www.militaryfuneralhonors.osd.mil/. A copy of MILPER Message 00-67 is available in Addendum -cc- of the "Death & Survivor" section of the RAO Bulletin. It provides in detail how Funeral Honors are to be administered. [Source: Max's Facts 29-99 & 40-99 and AF Press Service Release]
Lt. James F. Tichacek, USN (Ret) Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines PSC 517 Box RCB, FPO AP 96517-1000 (63-74) 445-6786 or FAX 446-2087 AmLeg/DAV/FRA/NCOA/TROA/VFW/PRA Member
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December 21, 1999 Renee [email protected]
Dear Renee: This will acknowledge receipt of your e-mail to the Disabled American Veterans (DAV) concerning voting records of Congressional Representatives.
Thomas at www.thomas.loc.gov is a legislative tracking site for United States Congress on the Internet. You can review officially recorded electronic votes by selecting Senate roll call votes under the “Legislation” column of the Thomas site. Next, click on 106th Congress, 1st Session 1999, and scroll down to the date of the vote you are interested in or to the roll call vote number if you know it. DAV records certain important votes on our web site at www.dav.org such as the Wellstone amendment to provide $3 billion in additional funding for veteran’s health care. You can access this section by selecting recent votes under “Issues and Legislation”, and then key votes.
You indicated you were confused about current bills posted on our web site and that you wanted more complete information about those bills than what was provided. The description next to the bills we have posted on the legislative advocacy site provides only a brief synopsis of the bill. If you click on the bill number you will be linked to the Thomas site. You then have an option to Search Thomas (Library of Congress) for detailed, up-to-date bill status information on the bill you selected. One of your options is to look at the complete text of the bill.
Thank you for your comments and suggestion about the legislative advocacy program. If you need help navigating through the site, please contact me at (202) 554-3501. I will be happy to help you.
Sincerely, Joy J. Ilem Associate National Legislative Director JJI:lmb
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From: James Hayden <[email protected] Agent Orange & Prostrate Cancer
-- Original Message --From: <[email protected]> Sent: Thursday, December 16, 1999 10:05 PM Subject: Agent Orange
This message contains important information concerning VA benefits for soldiers who served in Vietnam. Since your Register of Graduates entry indicates you spent time in the Republic of Vietnam, I am taking the liberty of providing you with a copy of the article in hopes that it may be useful to you. The article was prepared by the Army and Air Force Mutual Aid Association (http://www.aafmaa.com/) and provided to the AOG for distribution to you. We thank AAFMAA for their great work and contributions to the Long Gray Line.
JOHN A. HAMMACK CHAIRMAN & CEO PROSTATE CANCER AND AGENT ORANGE
There are several medical conditions which have been determined to be related to Agent Orange exposure. Congress has declared that any service member who served in Vietnam during the war-time era (Feb 28, 1961, through May 7, 1975) was exposed to Agent Orange. It was further ruled that such exposure may have caused several types of cancer. Therefore, diagnosis of any of these conditions will be considered "service connected" by the Department of Veterans Affairs.
Veterans and survivors may be entitled to compensation for such diseases as lung cancer, multiple myeloma, Hodgkin's disease, non-Hodgkin's lymphoma and, as of November, 1996, Prostate Cancer. If a Vietnam veteran is ever diagnosed with prostate cancer, even if it is many years after service, it will be considered a service connected disability and compensation may be paid.
Compensation can range from $0 (non-disabling) to around $2000 (totally disabling). The degree of disability is determined by such factors as urinary frequency, leakage, and impotence. For example, daytime voiding interval of less than one hour or awakening to void five or more times per night will result in a rating of 40%. Awakening to void twice per night is rated 10%. Continual urine leakage or incontinence requiring the wearing of absorbent materials which must be changed more than four times per day will result in a 60% rating. If the pad must be changed less than twice a day, the rating is 20%. A small special monthly compensation is paid for impotence. The symptoms must be medically documented - usually by a physical examination at a VA medical facility.
A veteran files a claim on VA form 21-526 (Claim for Compensation or Pension.) It must be accompanied by DD Form 214 showing Vietnam service and any medical evidence establishing the diagnosis of prostate cancer.
If the veteran has already completed that form in the past, it is not necessary to do so again. A brief letter requesting reopening the claim will suffice. Here is a suggested format for that letter:
"This is to amend my original disability compensation claim to include Prostate Cancer as per new Agent Orange regulations. Medical records showing the diagnosis are attached".
The claim should be submitted to the VA Regional Office serving the area where the veteran resides. To obtain a claim form or to get the address of the VA, call 1-800-827-1000. Help in completing the form is available from many veterans service organizations or from the VA.
Other veterans' benefits may accrue as a result of a finding of service connection. They include insurance, medical treatment, and vocational rehabilitation.
Survivors of Vietnam veterans who died of prostate cancer may also be entitled to benefits from the VA. An unremarried surviving spouse may be entitled to a monthly payment of Dependency and Indemnity Compensation (DIC).
The current rate is $861. Dependants' Education Assistance may also be available for college attendance. That rate for full-time attendance is $485 per month.
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Locator Services: Many retirees would like to communicate with a former military member to substantiate a health claim or just to renew an old friendship. Unfortunately, the Privacy Act of 1974 prevents the services from arbitrarily releasing the names and addresses of retirees. However, each uniform service operates a locator service, some formal and others not, and will forward your correspondence. To locate someone just follow these procedures:
On one envelope write you're the name and grade of the person you wish to contact. In the upper left corner include your return address except for Navy personnel. Place a stamp on the envelop and enclose your message.
Insert this envelope in another envelope addressed to the locator listed below. Also, include your return address on this envelope.
- Because there are numerous personnel who have served in the service with the same name, be sure to include first, middle (if possible) and last names. It also is advisable to send the locator service a data sheet listing as much as you know about the person's service background, duty stations, schools, social security number, etc.
Send you correspondence to:
ARMY: AR-PERSCOM discontinued this service. The Center for Military History web site has an alumni page to locate fellow service members at http://www.army.mil/cmh-pg
NAVY: NRPC, 4400 Dauphin St., New Orleans LA 70149-1832. Note: Do not put return address on envelope to forward.
AIR FORCE: AFPC/MSIMDL, 550 C St. West Ste 50, Randolph AFB TX 78150-4752. Note: This locator will forward only one letter per request.
MARINE CORPS: CMC, HQ USMC, code MMSB-10, 2008 Elliot Rd., suite 201, Quantico VA 22134-5030. Note: Enclose check for $3.00.
COAST GUARD: Commanding Officer (RAS), Coast Guard Human Resources Service & Information Center, 444 SE Quincy St., Topeka KS 66683-3591.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Commissioned Personnel Center, NCI N009(CTC), 1315 E. West Ave., Room 12100, Silver springs MD 20910.
U.S. PUBLIC HEALTH SERVICE: U.S. Public Health Service, Department of Health and Human Services, 330 Independence Ave. SW, Room 1040, Washington DC 20201.
[Source: TROA 30 MAR 98]Lt. James F. Tichacek, USN (Ret)Director, Retiree Activities Office & U.S. Embassy Warden Baguio City, Philippines PSC 517 Box RCB, FPO AP 96517-1000(74) 445-6786 or FAX 446-2087 AmLeg/DAV/FRA/NCOA/TROA/VFW/CORMV/USDR/PRA Member
Brain Damage found in some Gulf War veterans
"There is no longer some murky Gulf War Syndrome. This is a Gulf War disease, and we need to stop the debate and start treating it." Dr. Robert Haley
By Jamie Talan
Newsday
Texas scientists have scanned the brains of dozens of Gulf War veterans and found the first evidence of brain cell damage that may be linked to exposure to chemical toxins during the 1991 conflict.
The damage was identified in two important brain regions that regulate a host of physiological systems, which may explain the many perplexing symptoms described by 100,000 Gulf War soldiers.
The finding, reported Tuesday at a radiology meeting in Chicago, may help put an end to the decade long debate over whether the symptoms have a chemical cause or are a response to psychiatric problems associated with war.
"There is no longer some murky Gulf War Syndrome," said Dr. Robert Haley of the University of Texas Southwestern Medical Center in Dallas and one of the chief investigators in the study. "This is a Gulf War disease, and we need to stop the debate and start treating it".
Thousands of Gulf War veterans have braved the military and medical community in the face of skepticism about their complaints. According to the Department of Defense 100,000 of the 700,000 Americans who served in the Gulf War have complained of a laundry list of symptoms including memory loss, migraines, chronic fatigue and muscle weakness.
The Texas finding, using magnetic resonance spectroscopy in which radio waves measure body chemicals, shows that compared with 18 healthy veterans, 28 Gulf War veterans with symptoms have between 10 and 25 percent lower levels of a brain chemical called N-acetyl-aspartate. That chemical is a marker of healthy neuronal functioning. Lower levels of the chemical are an indication of a loss of neurons. The study was blinded, meaning the scientists did not know whether the brain scan was from a healthy veteran or a veteran with symptoms of Illness.
Jerry Jones, now 57, was one of the veterans who went through the brain scanning procedure to measure a series of brain chemicals in two regions of the brain the basal ganglia and the pons, an area of the brain stem. Those with the most severe symptoms had decreases of NAA in both regions. Those with milder complaints only showed low levels in one of the two regions, depending on the symptoms.
'It's satisfying to know there is a problem in our head, but not the kind of problem the military thinks is in our heads,' said Jones from Leicester, N. C. He spent five months in the Persian Gulf.
Dr. James Fleckenstein, a professor of radiology at the Texas medical center and a lead investigator, said that now that there is proof of a brain disease, "it's time to concentrate on testing treatments.'
A few years ago, the same team of investigators used another type, of brain scan to look for structure abnormalities in the brain ant found nothing out of the ordinary. This latest finding suggests that the damage is probably not devastating the brain (clumps of dying neurons would have shown up on the first scans), but it shows that their certainly are damaged cells that can trigger a range of symptoms.
According to Haley the pons located in the brain stem, controls many of the body's reflexes. The basal ganglia, deep in the brain just above the brain stem, helps regulate nerve impulses that control movement, memory and emotion.
Two years ago, Haley and his colleagues reported in the Journal of American Medicine Association that the soldiers that became ill had a genetic vulnerability to certain chemicals used in the war, including nerve gas, the insecticide DEET and flea collars -worn by soldiers to repel pests. Many of the soldiers were also given a substance called pyridostigmine bromide to ward off the deadly effects of nerve gas poising.
It was only a month ago that the Pentagon released a report suggesting a possible connection between PB and Gulf War Illness. Earlier animal studies using the same type of chemicals found damage to the same brain regions.
Officials at the Department of Defense say that they are awaiting a full report before they comment on the findings. Haley said that they also looked at another brain chemical called choline, a substance that has been shown to be abnormal in depression, and found it to be within normal levels.
"This argues against depression and psychiatric illness" Haley said "This is a biological condition."
New York Times, Sunday, December 19, 1999