Talk about injustice: No group has done more to protect American values and preserve democracy than the more than 25 million living veterans of the U.S. armed services. Yet as recently as a decade ago, military vets and their families were routinely shut out of the justice system when disagreements arose over the benefits to which they’re entitled.     - Excerpt from "Soldiers of Justice".

Search Index This is by no means an official VA website. You get honesty and things you can use here. Legal Disclaimer Notice     Fair Use Notice     VA Bulletin, re:   "Claims Fixers"

Franco Brand Bull If you do not see the Superman logo, you can not be sure whether you have genuine (Franco) bull.

Bulletin - a Thailand veteran's wife told me that her husband had to pay a $342 membership dues in order for the VSO to file his claim.     According to the V.A., this practice is illegal and should be reported, pronto!    

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 ++]

VA BUDGET 2009 UPDATE

04:    On 30 JUL the White House Wednesday threatened to veto a spending measure for
veterans and military construction unless Congress finds offsets in other spending 
bills that would amount to $2.9 billion -- the sum exceeding President Bush's fiscal
2009 budget request. Furthermore, if Congress cannot find offsets for that measure, 
the White House said it would consider a veto of the remaining 11 appropriations 
bills. "If Congress determines that additional resources above the president's request 
are needed, Congress must provide reductions in other appropriations bills to offset 
this increase and meet the president's topline [discretionary spending cap] of 
$991.6 billion," OMB said. "If Congress ... does not offset this increase with 
spending reductions in other bills, the president will veto any of the other bills 
that exceed his request until Congress demonstrates a path to reach the president's 
top line." OMB added veterans' spending is "104% above the level when the president 
took office," and therefore "provides ample resources to ensure veterans receive 
the quality care they deserve."

     The House could begin debate on the bill 30 JUL. If approved by the House, it 
would be the first of the 12 annual spending bills. The White House communiqué 
comes as Democratic leaders have said that they do not intend to finish work on 
all the spending bills, in part because of Bush's unwillingness to negotiate on 
spending levels. Under the $72.7 billion fiscal 2009 Military Construction-VA 
Appropriations bill, the Veterans Affairs Department would receive $47.7 billion, 
which is $4.6 billion above the fiscal 2008 funding level and $2.9 billion over
Bush's fiscal 2009 budget request. The overall measure is $3.4 billion more than 
the $69.3 billion sought by Bush. Congress provided $63.9 billion for the measure 
in fiscal 2008. "This Congress is dedicated to meeting the needs of our nation's 
veterans, no matter the political maneuvering of a callous president," a Democratic 
aide to the House Appropriations Committee said. "Veterans are not political 
bargaining chips." Bush issued a similar threat last year, but ultimately agreed 
to increases for the VA.  

[Source: Congress Daily Humberto Sanchez article  30 Jul 08 ++]

DIC+SBP UPDATE 04:   The husband of Anne Parks-- a military policeman exposed to the defoliant Agent Orange during two tours in Vietnam -- paid 30 years of premiums on their Defense Department Survivor Benefit Plan (SBP) insurance policy the couple believed would allow her to pay the bills and live comfortably after his death. When he died in 2006, Parks learned that the law allows the government to significantly cut -- and in many cases eliminate -- that Defense Department insurance payment if the surviving spouse elects to receive a Veterans Affairs benefit (DIC) established to compensate for the loss of a family member whose death was service-related. DoD refunded the Parks' premiums, but it paid no interest on the money, which was counted as income and taxed. Called an "offset," the dollar-for-dollar cut was created to limit how much compensation payments cost the government. Nearly 57,000 surviving spouses of military retirees argue that the benefits are separate. One is insurance, bought and paid for through premiums, and the other is a federal benefit for surviving dependents.

In most cases, surviving spouses were unaware they wouldn't get that money after their husbands or wives died. The offset has forced some elderly surviving spouses to live solely on the VA benefit -- with a base rate of about $13,100 a year -- or to get a job to make the rent or house payments. Eliminating the offset between the SBP and DIC programs is estimated to cost between $6 billion and $8 billion over the first 10 years, an argument used by some people who oppose eliminating the offset. "That cost is a cost of war," said Jeanne Thompson, president of the El Paso del Norte Chapter of the Gold Star Wives of America. "They don't mind spending money" on equipment and operations in Iraq and Afghanistan. The Gold Star Wives have been at the forefront of the effort eliminate the offset. "They (members of Congress) don't feel they need to find the money because we're not a very vocal group," said Edith Smith, a Virginia resident who is on the Gold Star Wives Government Relations Committee and has been trying to persuade lawmakers to remove the offset since 1999. "Most of our members don't understand the process of government and how important it is to participate --just to call their representatives in Congress."

Legislation has been introduced in the past years and amendments to the NDAA have been proposed but neither has gained the support of enough legislators to change the law. Currently S.935 in the Senate has 50 cosponsors but even if it passes it is doubtful the House, which has no bill on the issue, will act by the end of the 110th Congress. Thus, new legislation will have to be introduced in the 111th Congress to keep this issue alive. SBP, for the most part, is offered to military retirees who pay a monthly premium of 6.5% of their retirement pay. It is supposed to provide the surviving spouse up to 55% of that retirement pay. After the 911 terrorist attacks, the benefit was expanded to include military members who die on active duty. DIC is paid to surviving dependents of service members who die on active duty and military retirees who die of a service-related condition. The basic payment is $1,091 a month. If the surviving spouse elects to receive this benefit, that amount is deducted from the SBP payment, in some cases wiping it out completely. Most surviving spouses choose the VA's DIC benefit because it is not taxed. The Defense Department annuity is.

Anne Parks' husband died of pneumonia after paying 30 years of SBP premiums. His death was considered service-connected. It took eight months to be approved for the VA benefit, and she was paid retroactively to the date of her husband's death. But that triggered cuts in her SBP payments, which took her by surprise. The Defense Department paid her a lump sum of $24,000 for the 30 years of premiums the couple had paid, and the federal government immediately took $7,000 of that back in taxes. The cuts to her SBP payment amounted to about $1,100 a month, she said. "It seems that it's unfair because they give it to you and then they take it away," Parks said. Melitta Pisarcik's husband died at the relatively young age of 57. He had been exposed to Agent Orange. She received a refund of $5,000 for payments to the Survivor Benefit Plan, which was taxed. "What happened to the interest?" Pisarcik asked, adding that she was faced with living on $833 a month.

[Source: El Paso Times Chris Roberts article 27 Jul 08 ++]

VETERAN'S PENSIONS:

If you are a wartime veteran with a limited income and you are no longer able to work
you may qualify for a Veterans Disability Pension or the Veterans Pension for Veterans 
65 or older.   Many veterans of wartime service are completely unaware of the fact 
that if they are 65 or older and on a limited income they may qualify for a 
VA Pension without being disabled.  An estimated 2 million impoverished veterans and
their widows are not receiving the VA pension they deserve because they do not know 
about it. The VA has had limited success in getting the information to them. You may
be eligible if you were discharged from service under other than dishonorable 
conditions, AND you served 90 days or more of active duty with at least 1 day 
during a period of war time. With the advent of the Gulf War on 2 AUG 90 (and still 
not ended by Congress to this day), veterans can now serve after 2 AUG 90 during a 
period of war time. When they do, they generally now must serve 24 months to be 
eligible for pension or any other benefit provided they meet the exclusions of 
38 CFR 3.12(d). which require you are permanently and totally disabled, or are age 
65 or older, AND your countable family income is below a yearly limit set by law. 
Family Annual Income Limits effective 1 DEC 07 cannot exceed the following:  

*  Veteran with no dependents $11,181
*  Veteran with a spouse or a child $14,643
* Veteran married to a veteran $14,643
*  Veterans with additional children: add $1,909 to the limit for EACH child
*  Housebound veteran with no dependents $13,664
*  Housebound veteran with one dependent $17,126
*  Veteran who needs aid and attendance and you have no dependents $18,654
*  Veteran who needs aid and attendance and you have one dependent $22,113

   Some income is not counted toward the yearly limit (for example, welfare benefits,
some wages earned by dependent children, and Supplemental Security Income). It's 
also important to note that your medical related expenses are considered when 
determining your yearly family income.  VA pays you the difference between your 
countable family income and the yearly income limit which describes your situation. 
This difference is generally paid in 12 equal monthly payments rounded down to the 
nearest dollar. You can apply by filling out VA Form 21-526, Veteran's Application 
for Compensation Or Pension. If available, attach copies of dependency records 
(marriage & children's birth certificates) and current medical evidence (doctor & 
hospital reports). You can also apply on line through the VONAPP website

For More Information Call 1(800) 827-1000. 

[Source: VA Site  May 08++]


LONG TERM CARE w/MEDICAID:  If you qualify for Medicaid, a federal and state 
program that covers medical care for people with low incomes and very little assets,
it will pay for nursing home care and other long-term care (LTC) costs that Medicare
does not cover. Medicaid may also pay for some LTC services provided at home. Medicaid
is the country's largest public payer of long-term care services. Most people with 
long-term care needs spend down their assets until they are eligible for Medicaid 
coverage. The Medicaid program varies a great deal from state to state, as well as 
within each state. This is because within broad national guidelines set by the 
federal government through the Centers for Medicare and Medicaid Services (CMS), 
each state can: 

. Establish its own eligibility standards; 
. Determine the type, amount, duration and scope of services; 
. Set the rate of payment for services; and 
. Administer its own program. 

Each state has its own method of determining eligibility depending on your age, 
family size, medical condition and financial situation. Generally, to be eligible 
for Medicaid, your monthly income must be less than $867 in 2008* ($1,020 for 
couples). You also must have little or no assets (savings and investments). If 
you have high medical expenses, you may still qualify for Medicaid if your income 
is more than $867 in 2008* ($1,020 for couples). Income levels are based on the 
Federal Poverty Level (FPL), which goes up every year in February or March.  For a 
list by state of Medicaid descriptions and plans refer to Medicaid Site

For a list of Medicaid benefits by state refer to Medicaid Benefits.

[Source: Medicare Rights Center www.medicareinteractive.org May 08 ++]

Crap in; crap out ...

VA CLAIM BACKLOG UPDATE 15:   In fiscal 2007, VA employed 4,900 
staff to handle disability compensation claims, a 40% increase between fiscal 2000 
and 2006. Still, in 2007, VA had a backlog of 392,000 claims with an average waiting
time of more than four months. This year, VA plans to add 3,100 new claims-processing 
employees. Although the Veterans Affairs Department has added thousands of staff to 
help process disability claims, a new study finds those new employees face no 
consequences if they don't attend mandatory training. And because the caseload is 
so heavy, instructors aren't always available to provide on-the-job training for 
new employees. The Government Accountability Office (GAO) said in a report released 
26 MAY that the VBA "is taking steps to strategically plan its training, but does 
not adequately evaluate its training and may be falling short in some areas of 
training design and implementation".  Rep. Bob Filner (D-CA), chairman of the House 
Committee on Veterans' Affairs, asked GAO to find out what training is provided and 
whether it is uniform; how well it is implemented and evaluated; and how it compares
with performance management practices in the private sector. The questions came 
after veterans testified that the disability compensation system is Byzantine in 
complexity, and that it takes months - sometimes years - to make it through the 
process.

From SEP 07 to MAY 08, GAO looked at four VBA regional offices, in Atlanta; 
Baltimore; Milwaukee; and Portland OR. VA officials said it takes at least two years 
to properly train disability claims employees, and they must complete 80 hours of 
training a year. New employees have three weeks of intense classroom training 
before they begin several months of on-the-job training at their home offices. But 
"because the agency has no policy outlining consequences for individual staff who 
do not complete their 80 hours of training per year, individual staff are not held 
accountable for meeting their annual training requirement," the GAO found. "And, 
at present, VBA central office lacks the ability to track training completed by 
individual staff members." In 2007, VBA conducted 67 centralized training sessions 
for 1,458 new claims processors, compared with 27 sessions for 678 new employees in 
2006.nVBA's online training tool, the Training and Performance Support System, was 
found to be out of date, too theoretical, and lacking in real-life examples. 
Employees at one office did not know what the system was.

GAO also found that more experienced staff members felt training was not helpful 
because it was redundant or was not specific to the work they do, and some said the 
training is adapted directly from training for new employees. They also said they 
did not have time to spend 80 hours a year in training because their caseloads are 
too heavy. "A number of staff from one regional office noted that instructors were 
unable to spend time teaching because of their heavy workloads and because 
instructors' training preparation hours do not count toward the 80-hour 
training requirement," the GAO said. "Staff at another regional office told us 
that, due to workload pressures, staff may rush through training and may not get 
as much out of it as they should." GAO found VBA's performance management conforms 
to accepted practices in the private sector, except that almost all employees fell 
into two standards: "outstanding" or "fully successful." GAO auditors said that 
does not provide constructive feedback to employees, and is not a good way for 
managers to evaluate staffs.

GAO recommended that VBA collect feedback on training from regional offices to see 
if 80 hours is the right amount for all staff, to see if training is relevant 
and to see if the online training tool needs to be improved. The report also 
recommended that VBA hold individual staff members accountable if they do not 
receive their annual training, and that the performance rating system be adjusted. 
VA said such changes are already in the works. Officials also are working on an 
automated system to track which employees have attended training and how much they 
received. VA Secretary James Peake wrote in response to the report. "VA will 
closely monitor and evaluate the success of our efforts to enhance claims processor 
performance." Peake said that VA has an "active program for training evaluation 
driven by the administration's priorities"; that the 80-hour requirement is 
evaluated annually; that VA officials will evaluate the training through its 
regional offices; that supervisors will evaluate training at the individual level; 
and that they have already evaluated the on-line learning tool and have made 
recommendations for improvement. VA also plans to establish training specific to 
certain jobs, and to provide standardized training progress reports. 

[Source: Air Force Times Kelly Kennedy article Posted 28 MAY 0-8 ++]

AGENT ORANGE STATESIDE USE:   News Channel 5 investigative reporter Ben Hall says he has found the military used Agent Orange here in the United States -- and one veteran James Cripps who spent time in the late 60's as a game warden at Fort Gordon in Georgia says he has the health problems to prove it.     He says he was ordered to spray a herbicide he believes was Agent Orange in the lakes around Fort Gordon to kill weeds.

    Agent Orange was a toxic herbicide used by the military to thin out the jungles of Vietnam.     Soldiers sprayed millions of gallons, unaware how poisonous it was.     News Channel 5 Investigates claims it has uncovered defense department documents that prove the military sprayed Agent Orange at Fort Gordon during the time Cripps was there.     Documents detail more than 30 locations in the United States where Agent Orange was tested.     The documents show helicopters sprayed at least 95 gallons of Agent Orange at Fort Gordon in 1967.     Despite all the evidence, the VA will not approve James Cripps disability claim denying him medical care for the conditions he now suffers from.    Donald Stephens, who is with the Disabled American Veterans and has helped hundreds of veterans prepare their VA medical claims said:   "I would give it a ten" when asked how strong was Mr. Cripps claim.     He says there's plenty of help for veterans exposed in Vietnam, but he believes Cripps claim would open the floodgates for veterans exposed in the United States.     Meanwhile, Cripps is on multiple medications and struggling to pay his medical bills.     And, now the VA is garnishing his Social Security checks.

[Source:   WTVF Nashville TN Report   25 Feb 08 ++]

WTVF
474 James Robertson Pkwy
Nashville, TN 37219-1298
Phone: (615) 244-5000

Investigative Report:

    "Veteran Bears Scars of Stateside Agent Orange"

    "When it comes to deadly poisons, few are better known.     The military's use of Agent Orange is one of the dark chapters of the Vietnam War."

Photo:   James Crippes, Tennessee Veteran

"In some persons the skin legions persist," says Dr. Dewey Dunn, an Agent Orange expert. He says chloracne is a tell-tale sign of Agent Orange exposure. "It's just sort of a marker so its on the list and probably at the top of the list."

Dr. Dunn examined James Cripps but could not talk specifically about his case.     Medical records show Dr. Dunn diagnosed Cripps with Chloracne and type-two diabetes, another sign of exposure.     Photo:   Dr. Dewey Dunn, Agent Orange Expert


Photo:   Crippes' back with Chloracne

"We have discussed of late, even yesterday, the thought of suicide," he confides.

After years of service, Cripps and his wife feel broken and betrayed.

"I can see why some veterans would give up," Sandra Cripps says. "It's not fair."



VA CATEGORY 8 CARE UPDATE 04:  Veterans' groups in New Hampshire and Maine want the federal government to ease tight restrictions preventing at least 5,000 New England veterans from getting health care benefits.     Many of these people fall into a Department of Veterans Affairs category known as Priority 8, reserved for veterans never wounded in action and who earn more than $28,429 annually.     Veterans wounded in the Iraq, Afghanistan or past wars, or who earn less than the present income threshold, are entitled to health-care benefits, according to VA officials.     Veterans who enrolled for VA care before the current rules took effect in 2003 are grandfathered.     Changes, which were made by the Bush administration, have been driven by Department of Defense budget cuts.     A state-level estimate of the number of Priority 8 veterans in Maine and New Hampshire wasn't immediately available from local and regional VA officials or the VA's Office of Policy and Planning in Washington, D.C.     There are an estimated 1.8 million veterans nationwide who are both uninsured, including being without VA health care, according to a study by Harvard Medical School researchers this fall.     It did not specify how many of those veterans fall into the VA's Priority 8 category.     It examined data from two federal surveys from 1987 to 2004 and found the number of uninsured veterans rose from 9.9% in 2000 to 12.7% in 2004.    

The study also found the number of uninsured, working-age veterans increased by nearly 300,000 between 2000 and 2004.

David Himmelstein, an associate professor of medicine at Harvard Medical School, one of the study's authors said, "Until 2003, veterans who earned incomes higher than the threshold and who did not suffer any war wounds could access affordable health care from the VA with $50 co-pays.     After the Bush administration made rule changes in 2003, those veterans were shut off.     I think it says to the people who are considering military service is that the country honors the military service in words, not deeds.     It also sends a message that veterans may not get the health-care benefits they thought they would.     Sandra Wunschel, a spokeswoman for the VA New England Healthcare System in Bedford, Mass., which oversees the VA medical centers in all six New England states said,   "There may be as many as 5,000 Priority 8 veterans in New England who are enrolled in the VA system.     There also may be thousands of other veterans who would fall into the category if they enrolled.     Many of the 5,000 veterans earn incomes well above the threshold and don't need health-care benefits as much as poorer veterans who earn less.     Many Priority 8 vets want VA services so they can get affordable prescription drugs from VA doctors."     Wunschel also believes some of the outcry is fueled by the misconceptions of older World War II or Korean and Vietnam war veterans, who may think they are entitled to free health care.     "These are complicated issues, and in our effort to educate the public, they don't always hear the correct message," Wunschel said.

State and federal lawmakers also believe the VA needs to change its eligibility requirements to cover more veterans.    State Sen. Joseph Kenney, R-Wakefield, chaired the N.H. Cares Veterans Legislative Task Force, which examined the VA health care system to identify areas that need improvement.     The panel is to release it recommendations next month.    

Kenney, a Marine Corps reservist who served a tour in Iraq, said he'd like to see Priority 8 veterans have access to affordable VA benefits.     Kenney said Priority 8 veterans could be permitted to enroll in the military's Tri-Care Select health insurance like national guardsmen and reservists.     U.S. Sen. Daniel K. Akaka (D-HI) chairman of the Senate Committee on Veterans' Affairs, held a hearing on the issue on 13 FEB 08.     During the hearing, Veterans Affairs Secretary James Peake said he'd be willing to review the current policy.     "I do believe that all veterans should have access to VA health care.     The best way to accomplish that is by providing VA with the funding needed to be able to keep pace with demand,"

Akaka said in a statement.    "Congress just provided VA with a $6.7 billion increase in health care funding over fiscal year 2007, so the funds are available."

[Source: Citizen of Laconia Robert M. Cook article 24 Feb 08 ++]



CONGRESSIONAL HEARINGS:  It's a new season of budget hearings on Capitol Hill.     The President's Fiscal 2009 budget was delivered to Congress two weeks ago, and now the Defense Secretary and Joint Chiefs Chairman are defending the expenses contained therein.     Once they appear before the four major committees (House and Senate Armed Services & House and Senate Defense Appropriations), each Service Secretary and Chief of Staff will appear to defend their portion of the budget.

Finally the reserve service chiefs, to include the Chief National Guard Bureau, will appear in front of the same four committees. The hearing process should last from now until April.     If you want to listen in, go to the respective committee websites on either www.senate.gov or www.house.gov, select the committee (Armed Services or Appropriations) then select Schedule or Hearings, and then look for the LISTEN LIVE link.

On the date and time of the hearing, hopefully you'll be able to hear our military leaders talk about what is important and hear the line of questioning.     As you listen, remember that the questions are sometimes big picture and sometimes very detailed to that member's district.     For example, Mrs. Bordallo may want to ask the Navy Secretary and Chief Naval Operations about their plans for the Island of Guam, and may not ask about other items, because Guam is heavily affected by Navy operations. Hearings define the bills that will be produced by the lawmakers that will become the Defense Authorization and Defense Appropriations bills later this year for Fiscal 2009.

A good website to bookmark for Senate hearings is CapitalHearings.org is.

[Source:   EANGUS Minuteman Update 25 Feb 08 ++]



VA BURIAL BENEFIT UPDATE 01:  Often survivors are disappointed when they seek reimbursement of burial expenses for departed veterans.     This is because retirees have not informed their loved ones what to do and how much to expect in the event of their demise.

The following is the maximum benefits currently payable by the VA:

1.   VA will provide headstones or markers to memorialize veterans or mark the graves of veterans buried in national, state, or private cemeteries as well as those whose remains have not been recovered or identified.     This includes those buried at sea, those remains donated to science, and those cremated and whose cremated remains were scattered without burying any portion of them.     VA will also provide markers for eligible family members interred in a national or State Veteran's Cemetery.     When interment is in a private cemetery, the cemetery may require, and charge for, a foundation for the marker and installation of the marker.     Such costs must be paid from private funds.

2.   VA may provide $300 toward the burial expenses of retired veterans who are eligible for VA pension or compensation and for those who die in VA medical facilities.     An additional $150 gravesite or interment allowance may be paid if a retired veteran served during a war period and is not buried in a national cemetery or other Government cemetery.

3.   If a retired veteran's death is deemed to be service-connected, VA will pay an amount not to exceed $2,000 in lieu of the usual burial and gravesite allowance.

4.   VA will provide an American flag, upon request, for covering the casket; and a memorial certificate, bearing the President's signature, expressing our Nation's grateful recognition of the deceased veteran's service.

5.   In addition to VA burial benefits, the surviving spouse or eligible child of a retired Soldier may be eligible for a $255 lump-sum death benefit from Social Security.     Local Social Security Offices have details.

As determined by the VA, the phrase "entitled to receive" includes only those veterans who have been awarded VA compensation or pension or who have submitted an application [VA Form 21-526] that is pending at the time of the veteran's death that would have subsequently been approved.     It does not apply automatically to military disability retirees.     To qualify for payment, a military retiree must have applied for VA compensation and have been determined to be entitled for the benefit.     The fact that a retiree chose not to waive all or part of his retirement pay after being awarded VA compensation does not disqualify the proper claimant(s) from receiving the appropriate allowance.     This change has no affect on payment of the burial allowance where death is adjudged subsequently by the VA to be service connected.     For veterans [U.S. or USAFFE] who die in the Philippines to receive burial benefits the veteran had to be in receipt of VA benefits or entitled to receive VA benefits at the time of death.     If the veteran died in the States and was a US citizen he did not have to be in receipt of VA benefits if his income and net worth were under the income limits set for NSC pension.     The time limit for filing for burial benefits is two years after burial or other final disposition.     Any person who was retired for disability should seriously consider filing a claim with the VA to establish eligibility for disability compensation so that ultimately payment for burial allowance may be made to survivors.     VA Form 21-526 is used for filing for disability compensation and VA Form 21-534 is used when filing claims for burial compensation.     Both may be obtained from the nearest VA office.     RAO Baguio also can provide these forms and forward them to Manila if desired.     For more information on VA burial benefits, contact any VA office 1(800) 827-1000) [1-800 1-888 5252 if outside Manila in the Philippines] or national cemetery; or refer to: www.cem.va.gov.

[Source:   RAO Baguio Feb 08 ++]



VA RURAL ACCESS UPDATE 03:  Facing a barrage of complaints about veterans' health care in rural America, the incoming secretary of Veteran Affairs pledged 20 FEB 08 to address "systemic" issues that hobble the quality and accessibility of VA care.     Secretary James Peake heard from a group of about 100 Montana veterans who described the Department of Veterans Affairs as a sometimes dysfunctional bureaucracy - and one particularly slow to address mental health issues.     Veterans told him they face months-long waits for appointments, arbitrary rejections of claims and 500-mile trips to receive care.     Those who spoke spanned generations, including veterans of World War II, Korea, Vietnam, the Gulf War and peacetime service.     "We need more doctors.     And it would be nice if we could keep them for a while,"   said Ernest LaFountain, who did three tours in Vietnam and now suffers from post-traumatic stress disorder.     Peake, also a Vietnam combat veteran, took the helm of the scandal-battered VA in DEC 07.     He said Wednesday he wanted to "reach out to rural America" and help those veterans not getting adequate care.     "The notion that the VA is uncaring, if we have pockets of that we're going to find it and root it out,"   he said.     Peake was appointed by President Bush in the wake of widespread reports of dismal care received by troops returning from Iraq and Afghanistan - problems for which Bush later apologized.     The secretary was in Montana at the invitation of Sen. Jon Tester, a Democratic member of the Veterans Affairs Committee.

The number of veterans under VA's care is expected to hit 5.8 million by 2009.     Peake acknowledged giving that many people all the care they need is particularly difficult in rural areas such as Montana, where mental health and other services can sometimes be hundreds of miles from a veteran's home.     In an illustration of how much of a burden distance can be, Jim Kerr of Billings, commander of Disabled American Veterans Chapter 10, said volunteers in eastern Montana logged a combined 418,000 miles last year transporting more than 7,100 veterans to medical appointments.     In response to such problems, Peake announced the creation of a new health advisory committee to ensure VA is responsive to rural health concerns.     He said more facilities are being built to serve to veterans, including a clinic that opened in Cut Bank last month and others planned in Havre and Lewistown MT.     "We need to make mental health care more local,"   he said.     He said he also wanted to increase the number of mental health counselors, in particular those who are themselves veterans and "have walked the walk."     Tester said the changes Peake talked of need to happen quickly if VA hopes to better handle the incoming tide of veterans from Iraq and Afghanistan.     "The significant issue coming out of Iraq is the PTSD issue, and I don't think we're ready for that right now,"  Tester said.     "The VA system is an incredibly good health care system for those who get through the door,"   he said.     "The problem is with those who can't get through the door."

[Source:   Associated Matthew Brown article 21 Feb 08 ++]



VA RURAL ACCESS UPDATE 04:  Secretary of Veterans Affairs Dr. James B. Peake announced 20 FEB the creation of a special "Rural Health National Advisory Committee" to advise him and the senior leaders of the Department of Veterans Affairs (VA) about health care issues affecting veterans in rural areas.     "In the last decade, VA has created outpatient clinics that bring health care closer to where veterans actually live,"   Peake said.     "This advisory committee, working within the highest levels of VA, will ensure the Department remains responsive to the health care needs of rural veterans."     While Peake said many of the details of the panel are still being formulated, the committee will consist of members familiar with rural health issues.     The members will come from the federal, state and local sectors, academia and veterans service organizations.     The advisory committee will provide guidance to Peake and to Dr. Michael J. Kussman, VA's Under Secretary for Health.     The panel's first meeting is tentatively scheduled for this summer.     VA has 25 similar advisory committees, each with between 10 and 15 members.     Members are typically appointed to one-, two- or three-year terms to ensure continuity of operations.

Following is the current status of the VA's Rural Health Initiative:

1.   Milestones already met include:

    *   Establishment of telehealth training center for VA professionals
in Lake City FL (January 2004).
    *   Establishment of Rural Health in VA headquarters (February 2007).
    *   First report to Congress on improving access to mental health and long-term health
in rural areas (September 2007).
    *   Increased mileage reimbursements for patients for first time in 30 years (February 2008)

2.   Milestones in progress include:

    *   Expanding current programs that provide: Services to Native American veterans, Mental health, and Long-term care.
    *   Expanding existing telehealth programs and investigating new applications. VA patients in 30 states now use telehealth devices. Current technology permits patient care coordination among health care professionals, exchange of routine clinical data from home-bound patients, and continuity of care to mobile senior "snowbirds"

3.   Projects under consideration include: Mobile health care vans, Transportation grants, Collaborating with non-VA facilities, and Patient education through "pod" casts.

[Source: VA Press Release 20 Feb 08 ++]



VA AGENT ORANGE CLAIMS UPDATE 03:   The USS Ingersoll (DD 652) operated during the Vietnam Era as a Navy destroyer gunship conducting fire support missions along the coast of the Republic of Vietnam for military ground operations.     In addition to coastal duty, the USS Ingersoll traveled up the Saigon River on 24 & 25 OCT 65, to fire on enemy bases.     The Department of Veterans Affairs (VA) C&P Service has reviewed the ship's deck logs, located at the National Archives and Records Administration (NARA), and confirmed this service on the "inland waterways" of the Republic of Vietnam.     As a result, the presumption of herbicide exposure, as described in 38 CFR 3.307(a)(6), can be extended to any crewmember who served aboard the vessel on these dates.     Anyone who served on the Ingersoll on the dates in question and had previous claims for Agent Orange related conditions denied should reapply.     VA regional offices are directed to extend the presumption of herbicide exposure to new claims involving a veteran who served aboard the USS Ingersoll during 24 & 25 OCT 65.     Additionally, if regional offices are aware that any such claim was denied due to lack of evidence for herbicide exposure, they are directed to reevaluate the claim as soon as possible.     Veterans names will be checked against the official crew manifest of those on board the ship during those dates.

[Source:   NAUS Weekly Update 22 Feb 08 ++]



VA VETERAN SUPPORT:   The Department of Veteran Affairs (DVA) provides veteran support through their efforts to achieve the following goals:

- Restore the capability of veterans with disabilities to the greatest extent possible, and improve the quality of their lives and that of their families.

- Insure a smooth transition for veterans from active military service to civilian life.

- Honor and serve veterans in life, and memorialize them in death for their sacrifices on behalf of the Nation.

- Contribute to the public health, emergency management, socioeconomic well-being, and history of the Nation.

- Deliver world-class service to veterans and their families through effective communication and management of people, technology, business processes, and financial resources.

In accomplishing this the DVA provide services to the nations extensive veteran community.     As of FEB 08 here are about 23.8 million living veterans, 7.5% of whom are women.     There are about 37 million dependents (spouses and dependent children) of living veterans and survivors of deceased veterans.     Together they represent 20% of the US population.     Most veterans living today served during times of war.     The Vietnam Era veteran, about 7.9 million, is the largest segment of the veteran population.     In 2007, the median age of all living veterans was 60 years old, 61 for men and 47 for women.     Median ages by period of service:     Gulf War, 37 years old;   Vietnam War, 60;   Korean War, 76;   and WWII 84.     Sixty percent (60%) of the nation's veterans live in urban areas.     States with the largest veteran population are CA, FL, TX, PA, NY and OH, respectively.     These six states account for about 36% of the total veteran population.     Veterans of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) statistics are:

*  48% are Active Duty, 52% are Reserve/National Guard.
*   88% are men, 12% are women.
*   65% Army; 12% Air Force; 12% Navy; 12% Marine.
*   34% were deployed multiple times.
*   52%, largest age group is 20-29 years old.
*   69% of those who filed disability claims received service-connected disability compensation award.

[Source: VA Fact sheet Feb 08 ++]

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