Veterans' Advocate - Las Vegas, Nevada       September, 2007

    Welcome to a very special section that acknowledges members of Congress that support veterans' issues with more than just rhetoric!     Although, we indicate the political party affiliation of these representatives, it is not meant to be political.

    The Legislative and Judicial Branches of the federal government have provided a tremendous amount of support to offset the disgraceful actions of the Executive Branch and the Veterans Affairs Agency entrusted with our disability benefits.

    Veterans everywhere give thanks to your efforts in supporting our personal needs.

    Below, you will find useful links and "open letters" of appreciation to those representatives in Congress; in committees overseeing the interest of veterans for healthcare and other benefits.

Warmest regards,

Franco   Army Engineers' Company Clerk - 697th Engineer Co (Pipeline)

Useful Links     House Hearings on Veterans Issues

      Library of Congress for Legislation     Congressional Record

Email/Fax Numbers for Congress/Governors   (Including Committees)
    House Oversight Committee
Write your Representative         Online Directory         Congress.org         Senate Floor

U.S. Senate         U.S. House in Congress         Yahoo! Directory   and   Active Legislation.

Veterans Supporters     House/Senate Votes

Senate     Veterans themselves ..

Senator John Cornyn, R-TX

Senator John Ensign, R-NV 11 Nov 07 Senator John Ensign's Assistance   "[time] for arty!"

Senator Harry Reid, D-NV

House of Representatives

Rep Shelley Berkley, D-NV

Rep Bob Filner, R-CA

333 F Street, Suite A       Chula Vista, CA 91910    Phone: (619) 422-5963 
                                                       Fax: (619) 422-7290
1101 Airport Road, Suite D  Imperial, CA 92251       Phone: (760) 355-8800
                                                       Fax: (760) 355-8802

September 6, 2007

The Honorable Robert (Bob) Filner
333 F Street, Suite A       
Chula Vista, CA 91910

Re:  Thank you!


Dear Representative Filner:

I want to take this opportunity to thank you personally for your support
of veterans affairs in Congress!

We all want you and your staff to know that your efforts are very much
appreciated by all of us veterans.

As a disabled veteran myself, I have learned how important your role in
my personal welfare means.  Without the efforts of members of Congress
like yourself, we can not expect the V.A. to reform.

The V.A., as the responsible agency for administering our healthcare
and other related benefits, historically has treated claimants in an
adversarial nature as noted in a recent 9th Circuit Court ruling.
I hope that you can help veterans of all generations and my own wish
would be that you start with changing the law to allow a veteran/claimant 
proper legal counsel (a lawyer) versus the existing VSO (veterans service 
organization) representatives full of "rubber-stampers."

For more details, please visit my website acknowledging the support
of congressmen like yourself and providing a resource for other veterans
fighting the V.A. for disability benefits.

Warmest regards,


Frank (Franco) Picchione
Veterans' Advocate
8613 Freeport Ln
Las Vegas, NV  89117-5566
(702) 363-3290

    The chairman of the House Veterans' Affairs Committee has a radical idea to cut the huge and seemingly intractable backlog of veterans' benefits claims.     To focus on handling new claims from Iraq and Afghanistan war veterans, Rep. Bob Filner (D-CA) says the Department of Veterans Affairs should approve - with minimal questioning - claims filed by Vietnam veterans, especially those whose claims deal with exposure to the toxic herbicide Agent Orange.     In an interview 8 NOV, Filner said he sees no way for VA to make headway in reducing the backlog of more than 400,000 claims without "radical" reforms that must include eliminating an adversarial process that puts veterans in a defensive position.     "We know Agent Orange is a carcinogen, and that people could be exposed directly or indirectly in Vietnam," he said.     "We don't need to be demanding scientific proof any longer."     Expanded compensation would include paying the disputed claims of Navy veterans who served in the waters off Vietnam and never came ashore but think they still have herbicide-related health problems.

    Filner's idea would require an act of Congress.    He envisions linking it with other disability legislation.     Filner, a longtime advocate of improved Agent Orange benefits, has another motive in pushing for VA approval of Vietnam-era claims.     He thinks it will be easier to pass disability benefits reforms aimed at helping Iraq and Afghanistan veterans - including a controversial plan that would consider income loss, quality of life and a veterans' continued participation in rehabilitation when setting monthly benefits payments - if older veterans think the government is also doing something to help them.     "We have to do something for both groups," Filner said.     To cut the backlog, Filner thinks VA needs a system that quickly approves relatively simple claims and provides partial benefits - maybe 30 percent or 40 percent of full payment - for veterans while they are waiting for their claims to be verified and approved. VA and some veterans groups oppose such a system out of concern that automatically approving claims with no prior verification could encourage fraud.

[Source:   NavyTimes   Rick Maze article 9 Nov 07 ++]

AGENT ORANGE EQUITY:     On 23 JUL House Veterans' Affairs Committee Chairman Bob Filner (D-CA) held a press conference to announce the introduction of H.R. 6562, the Agent Orange Equity Act of 2008.     The bill restores equity to all Vietnam veterans that were exposed to Agent Orange.     It would clarify the laws related to VA benefits provided to Vietnam War veterans suffering from the ravages of Agent Orange exposure.     From 1991 to 2002, the VA granted hundreds, if not thousands of disability claims filed by Navy blue water veterans suffering from one of the many diseases that VA recognizes as related to Agent Orange exposure.    These benefits were awarded based on VA rules providing that service in the waters offshore Vietnam qualified the veteran for the presumption of exposure to Agent Orange.     In FEB 02 VA did an about face and required veterans to have 'actually served on land within the Republic of Vietnam. to qualify for the presumption of exposure to' Agent Orange.     As a result, all pending and new disability claims filed by Navy blue water veterans for an Agent Orange-related disease were denied unless there was proof that that the veteran actually set foot on Vietnamese soil.     In addition, the VA began to sever benefits that had been granted to Navy blue water veterans prior to the 2002 change in VA rules.

In order to try to gain a better military vantage point, Agent Orange, which we now know is a highly toxic cocktail of herbicide agents, was widely sprayed for defoliation and crop destruction purposes all over the Vietnam War Battlefield, as well as nearby nations.     It was also stored on U.S. vessels and used for vegetation clearing purposes around U.S. bases, landing zones and lines of communication.     Currently, VA requires Vietnam veterans to prove "foot on land" in order to qualify for the presumptions of service-connection for herbicide-exposure related illnesses afforded under current law.     This issue has been the subject of much litigation and on 8 MAY, the Federal Circuit Court of Appeals upheld VA's overly narrow interpretation.     Congress clearly did not intend to exclude these veterans from compensation based on arbitrary geographic line drawing by VA.

If enacted every service member awarded the Vietnam Service medal, or who otherwise deployed to land, sea or air, in the Republic of Vietnam is fully covered by the comprehensive Agent Orange laws Congress passed in 1991.     It will make it easier for VA to process Vietnam War veterans' claims for service-connected conditions that scientists have conclusively linked to toxic exposures during the Vietnam War and that are identified in current law.     Chairman John Hall who leads the Subcommittee on Disability Assistance and Memorial Affairs, the subcommittee with jurisdiction over these issues stated, "With this legislation, Congress will leave no doubt that the 'Blue Water Navy' and all combat veterans of Vietnam are intended to be covered and compensated; thus ensuring that these veterans will receive the disability benefits they earned and deserve for exposure to Agent Orange.     This is the cost of war.     We asked these brave men and women to fight for us and serve their country, and it is a grave injustice that they have had to wait this long for treatment.     We must place care of our soldiers among our top priorities.     This applies for all past, present, and future conflicts."

[Source: HCVA Bob Filner News Flash 23 Jul 08 ++]

Editorial:     Under the existing direct cause provisions of the Title 38, it is not necessary to introduce new legislation to enforce justice for Thailand veterans.     The only thing that is necessary is "a set of balls."

The DOD/VA have denied disability for service-connection to Thailand veterans for some 40 years now and many have died waiting, trying and their widows have suffered the shame of poverty only because their spouses chose to serve our country in an unpopular war.     Ask Cheney -- it seems his personal schedule was full at the time with five (5) deferments.

September 15, 2007

The Honorable Robert (Bob) Filner
333 F Street, Suite A       
Chula Vista, CA 91910

Re:  Congressional Hearing


Dear Representative Filner:

I want you to know that I will make myself available to you and your committee 

whenever you need to confer with a veteran with both professional background *

and expertise on veterans' laws.

It is very clear that the DOD/VA today are abusing their authority in diagnosing

returning veterans from Afghanistan and Iraq.

This must stop.  Reform is not the answer unless you were to replace everyone

in the V.A. associated with medical administration exit.

Warmest regards,


Frank (Franco) Picchione
Veterans' Advocate
8613 Freeport Ln
Las Vegas, NV  89117-5566
(702) 363-3290

* 30 years in business as:   Project Leader @ multi-million dollar projects, 
  Systems Analyst, Computer Programmer for all major computer systems from 
  mainframe to micro, auditor with expertises in financial systems; audit 
  and customer service applications, and self-educated ** veterans' advocate
  See Army Bio for administrative assignments, 16 Nov 66 - 17 May 77

** 1 May 2005 to present, including publishing this entire VBA section.

September 7, 2007

The Honorable John Cornyn
United States Senate
517 Hart Senate Office Building
Washington, DC 20510-4302


Dear Senator Cornyn:

The following message is being sent in regards to the Senate passing 
legislation on September 6, 2007, (Veterans Affairs Appropriations Bill - 
S.1645) containing big budget increases for medical care for veterans.

As Veterans we can all appreciate the efforts of Congress to increase the 
budget for Veterans healthcare. However, this is just the beginning. The 
VA needs to be totally reformed, current VA administrators need to be 
purged, and the attitudes of hospital directors changed. Service levels, 
rules, and the conduct of all levels of management are far worse than the 
period in which Congress threatened to close the VA.

I have spoken to providers who are being told not to document diagnoses 
that are compensable. I have been told that despite the fact they see the 
patients regularly, they are excluded and prevented from participating in 
the compensation and pension process. So rather than receiving the benefit 
of the doubt, an examiner must make a determination based not on knowledge 
of the patient, but based on instructions from administrators to deny the 
claim so as not to have to pay for service-connected disability.

The VA is currently and has repeatedly in the past, misinterpreted the 
intent of Congressional legislation, promulgating complex rules to deny 
veterans disability. The amounts allocated to the Disability and Pension 
budgets have not changed substantially since 2000, despite the massive 
influx of Gulf War and Iraq/Afghanistan War veterans to the VA. 

The VA is currently and has continually fought against Veterans in court. 
Despite legislation passed by Congress the VA ignores the legislation and 
does not implement the required changes to processes necessitated by the 
legislation. The VA does not assist Veterans as required by law. They do 
not abide by their own rules. They simply wait for the Veteran to give up 
or die.

Please take this seriously. It is not enough to simply throw more money to 
the VA, real changes must be implemented.

The Agent Orange Act of 1991 needs amending to clarify the Congressional 
intent of those covered. At a minimum, it should be written so those 
included in direct support of the war are covered.

The Veterans Claim Assistance Act of 2000 needs to be enforced with 
specific oversight of the VA's efforts to assist veterans being more than 
telling the veteran what he has submitted and asking for records in 
possession of the VA.

The Administration's proposal for disability needs to be shelved as should 
the Dole-Shalala Report. The implementation of its recommendations will 
kill potentially hundreds of thousands of veterans, and begin the process 
of dismantleing disability and compensation payments. The idea that 
disability payments should be reviewed by the VA every three years gives 
rise to the potential that having fought the VA for years to receive 
disability, veterans will have to fight again for years after a review. 
You MUST stop the implementation of these recommendations. 

Again, I sincerely thank you all for your efforts at improving the 
healthcare of veterans, but our plight is much worse than you imagine. 
Funds must be specifically allocated to provide more judges for the Court 
of Appeals for Veterans,  provide administrative process changes required 
by law, and provide incremental increases in disability and pension.

Note: This message was sent through the Military.com Legislative Center. 
Connecting over 8 million members to all the benefits earned in service to 
America.

Sincerely,


Kurt Priessman

If you would like me to publish your open letter to your congressional representative, you can email me, or send by snail mail.     Also, nominate your rep to be listed here!     Thank you.

Franco  

p.s.   Of course, subject to editting to maintain a brief statement

David Adkison (Florida Thailand Veteran)

David, as far as I know or am aware of, is the first Thailand veteran to file a claim with the USAF CHECO Report, "Base Defense in Thailand" and, drum roll, initial adjudication denied (VARO/St Peterburg, FL.)     Now you will have to review my personal review of his case and blasting of the VARO/St Petersburg reasoning for denial.     Since then, David has gone to a meeting in Pensacola where representatives of the "Project SALUTE" team and interested pro-bono lawyers attended.     Since then, feeling some stress and frustration, David turned to his district congressman, Jeffrey Miller.     Congressman Miller responded with a very ackward message related to the Haas ruling appeal by the V.A. and reference to the "Boots on the ground" that David is not even claiming!     In any case, because of all the legal issues and complications that even most VSOs haven't got the slightest clue, I prepared a rebuttal for David.






Remember ..
  "United we can conquer"
      "Divided we are denied.."

    Your support now will help bring Goliath to his knees.     Allowed to go unchecked, (intimidating,) we all lose.


 

Iraq today ..
Vietnam yesterday -
"We will leave no one behind on the field of battle.."
- Colonel Hal Moore, Commander 1st Battalion / 7th Regiment, 1st Air Cav Division
Ia Trang Valley, Vietnam   15 Nov 65

"The V.A. is denying thousands of Vietnam Era vets their due ..
Give me back my health -- and, you can keep your stinkin money!"
- Franco (Advocate of Veterans' Justice   "Non sibi" .. not for self)

Did you know?

Quote:   "The department also put off a decision on whether diabetes
is linked to Agent Orange exposure.
    It said it was waiting for a National Academy of Sciences study,
which is not expected to be concluded for another year."
    See New York Times, July 3, 1991   .. a year~   Try an entire decade!


  "Furthermore, under the Agent Orange Act, when the Secretary received a report from the Academy, he was required to determine within 60 days “whether a presumption of service connection is warranted for each disease covered by the report,” and if he determined that a “presumption is warranted,” he was required to issue proposed regulations within 60 days setting forth his determination and to issue final regulations within 90 days after proposing them. 38 U.S.C. § 1116(c)(1)(A), (c)(2)."
See Agent Orange Act, Dioxin Act as reviewed in Nehmer Ruling where the judge writing the opinion outlines the very critical relation of diseases, VA, Congress, service connection, and the law in coming to compensation for "retro pay."   July 19, 2007


The V.A. has been entrusted with administering and providing
the healthcare and disability benefits
for millions of veterans.
Their actions, or lack thereof, is a national disgrace... - Franco