Category Archives: Veteran Legislative Update

Senate, House and State Government decisions impacting veterans.

Politics, Veteran Legislative Update, Veterans Benefits, Veterans' Spouses, Partners & Families

GI Bill Update

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Subject: GI Bill Update – Transportation Assistance

Secretary Shinseki Announces Ability to Sign Up for Emergency Education Benefit Payments on VA Web-Site this Friday

Vans to Help Veteran-Students

WASHINGTON (Sept. 30, 2009) – Secretary of Veterans Affairs Eric K. Shinseki today announced further outreach to Veteran-students eligible for a special emergency payment of their education benefits. Veterans can now apply online beginning Oct. 2. Veteran-students can also request courtesy transportation to VA regional benefits offices.

“Our Veterans went the extra mile for their country,” Shinseki said. “One of our top priorities in transforming VA is to be, first and foremost, the advocate for Veterans.”

Last week Shinseki announced that on Friday, Oct. 2, VA’s 57 regional benefits offices will begin providing on-the-spot emergency payments up to $3,000 to students who have applied for their education benefits but who have not yet received a government payment.

Citing the distance many Veterans would have to travel to apply in person at a VA benefits office, Shinseki announced Veterans can also apply online at www.va.gov, starting Oct. 2. The online application will guide Veterans through the process to supply needed information. Shinseki noted that online applicants will receive their emergency payments through the mail after processing.

“VA is adapting to meet the financial needs of our Veteran-students who are on campus,” Shinseki said. “They should be focusing on their studies, not worrying about financial difficulties.”

Students without their own transportation can also request free van service, provided by volunteers, to carry them to the nearest benefits office. To obtain this service, Veterans would have to call their nearest VA medical center and ask for the “Volunteer Transportation Coordinator.” Transportation will be on a first-come, first-served, space-available basis. Veterans can find a map and list of medical centers at http://www2.va.gov/directory/guide/division_flsh.asp?dnum=1.

Whether traveling by personal vehicle or volunteer van, VA officials suggest students check their mail boxes and banking accounts before leaving home, since some Veterans will find their checks have already arrived. VA would like to recognize the volunteers and Veterans Service Organizations for partnering with the Department to ensure that Veterans’ needs are met.

The emergency checks are an advance on each student’s education benefits, and the amount will be deducted from future benefits payments. Checks will be written at the regional offices for Veterans who bring a photo ID and evidence of their enrollment. VA officials emphasize that $3,000 is the maximum payment, with many Veterans receiving smaller payments based upon their likely monthly education benefits.

A map and list of the participating VA regional benefits offices is available on the Internet at http://www2.va.gov/directory/guide/division_flsh.asp?dnum=3. The most updated information regarding VA issuing emergency checks will be available at VA’s web site www.va.gov starting Oct. 1.

Applications from approximately 25,000 Veterans are currently being processed for Post-9/11 GI Bill education benefit payments to students or schools.

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Politics, Veteran Legislative Update, Veterans Benefits

Unique Concept of Veterans Court

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Veterans Court takes center stage at House Veterans Affairs full committee roundtable meeting

NEWS FROM…
CHAIRMAN BOB FILNER
HOUSE COMMITTEE ON VETERANS’ AFFAIRS

FOR IMMEDIATE RELEASE
Contact Kristal DeKleer (202) 225-9756

http://veterans.house.gov

House Veterans’ Affairs Committee Holds Roundtable on Veterans’ Treatment Courts
Discussion Focuses on Successful Courts Aiming to Leave No Veteran Behind

Washington, D.C. – On Wednesday, September 16, 2009, Chairman Bob Filner (D-CA) led a roundtable discussion on judicial courts that only hear cases involving veterans and provide judges greater latitude in sentencing for non-violent crimes. Modeled after drug and mental health treatment courts, judges are able to order counseling, substance abuse treatment, mentoring, job training, housing assistance, and job placement services as alternatives to incarceration. With both Democratic and Republican Members of the House Veterans’ Affairs Committee in attendance, participants discussed their efforts to help veterans avoid jail by connecting them to necessary treatment and support.

“Today’s roundtable is intended to open up the broader thought process of how to help veterans fully integrate into society after service in the military,” said Chairman Filner. “I believe that we have a social responsibility to help those who have served our nation. We failed our veterans after their service in Vietnam and we cannot fail again. Veterans’ treatment courts provide an opportunity for a more humane response to those that bring the war home with them. We sent these kids to war – and war has affected their mental and psychological condition. Providing support for returning veterans is an obligation we owe to those who have sacrificed so much for our country.”

Currently, Veterans’ Treatment Courts operate in New York, Alaska, California, Oklahoma, Illinois, and Pennsylvania, with other states working to establish similar programs. Highlights of the different courts include partnering veterans with mentors who are veterans, appointing public defenders who encourage active veteran participation in the court room, ensuring that veterans get the appointments they need for VA services, and addressing underlying problems like substance use, unemployment and homelessness. Judges relayed that their goal is to run a demanding program that requires personal responsibility and renewed discipline. Defendants are veterans of Iraq, Afghanistan, Desert Storm, Vietnam, and even the Korean War. Participants noted that the costs of veterans’ courts are significantly lower than the costs of incarceration.

“These courts save money, but more importantly, they save lives,” said Chairman Filner. “Nearly two million veterans have returned from combat operations in Iraq and Afghanistan. Often, veterans struggle to adjust to the sudden loss of military camaraderie. Some return with anxiety, post-traumatic stress, or other psychological wounds of war and may self-medicate with drugs and alcohol. Others return with physical injuries that require prescription drugs that can lead to addiction. When veterans suffer from substance dependency disease, jobs are lost, marriages tested, and families suffer. Understandably, illegal actions can result in less than honorable discharges from the military – but then these veterans are prevented from accessing the VA services they so obviously need. I applaud the hard work and healing spirit of the experts here today. As veterans graduate from these programs, our grateful nation stands behind them and celebrates their bravery once again.”
Participants
Honorable Robert T. Russell, Jr., Judge, Buffalo City Court, Buffalo, New York
Patrick William Welch, Ph.D., Director, Erie County Veterans Service Agency, Buffalo, New York
Jack O’Connor, Mentor Coordinator, Veterans Court Mentoring Program, Buffalo, New York
Jennifer P. Stergion, Esq., Chair, Committee on Veterans and Service-Members Legal Issues, Buffalo, New York
C. “West” Huddleston, III, Chief Executive Officer, National Association of Drug Court Professionals
Honorable Michael E. McCarthy, Judge, Civil Division, Pittsburgh, Pennsylvania
Honorable Charles V. Romani, Jr., Circuit Judge, Madison County Circuit Court, Edwardsville, Illinois
William F. Feeley, MSW, FACHE, Director, VA Medical Center, Buffalo, New York
George P. Basher, Health System Specialist for the VA Healthcare Network (VISN2), Albany, New York
Prepared testimony and a link to a recording of the hearing are available on the internet at this link: http://veterans.house.gov/hearings/hearing.aspx?newsid=464.

Veteran Legislative Update, Veterans Benefits, Veterans' Spouses, Partners & Families

Helping Put U.S Veterans To Work

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In October of 2008, DK Associates Inc. started a new program to provide employment services to disabled veterans. It is their goal to collaborate with private industry to facilitate the process and help expand the career opportunities for our most valued citizens– those whom have served and protected us all.

The primary goal is to not only help one find a job, but to help start a career and eliminate barriers to employment with peer support and job coaching.

I have known Dot Kret and her work for 25 years. We are fortunate to have a such a resource in our community. Her associate Lori Kiefer is also a trained veteran benefits counselor, an Army veteran, and thoroughly dedicated to helping our veterans. Lets help them put these men and women to work.

Free job services and computer training to any US veteran who has a copy of their DD214, proof of disability, service connected or not, and is currently unemployed.

We will meet with you and explore your job interests and vocational goals, assist in the preparation of resumes and job applications, help in narrowing your job search and provide you as many tools as possible to help you become more job-ready. In addition, our staff or members of our business advisory council will have you participate in practice or mock interviews if you so desire. After you become employed, job coaching, both onsite and off-site will be offered to you.

Please contact Lori Kiefer at 790-7677 (w)

Employment Specialist, BHT

Project HERO

1502 E Broadway

Tucson, Arizona 85719

520-790-7677 Office

520-437-5510 Cell

http://www.linkedin.com/in/lorikiefer

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Health, Politics, Veteran Legislative Update

What Fate Holds for Current Congress

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I cannot help but wonder how this health care debate will spill out. The level of enmity and identity politics is reeling so far out of control that I think we need a Psychiatric Department added to the Cabinet.

If for a moment our readers can suspend their editorial inclinations, and chime into something substantial and concrete, I would love to hear some predictions about how health care reform will look by Christmas. Or will it have a look?

A man must know his destiny. if he does not recognize it, then he is lost. By this I mean, once, twice, or at the very most, three times, fate will reach out and tap a man on the shoulder. if he has the imagination, he will turn around and fate will point out to him what fork in the road he should take, if he has the guts, he will take it.” Gen. George S. Patton

Politics, Veteran Legislative Update, Veterans Benefits

Important Lawsuit Filed by Veterans For Common Sense

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Veterans For Common Sense et al. v. Peake,
Case No. C 07 3758, U.S.D.C. (N.D. Cal. 2007)
Home
Court-filed Documents
Other Important Documents
News Articles
Resources
Appeal to the Ninth Circuit Court of Appeals

MoFo Voices »
VCS testifies About VA Claims Fiasco (2/14/08)
House Committee on
Veterans’ Affairs

Masking true costs of war
The National Law Journal

Veterans resolve to continue fight for disabled veterans as VA seeks to have lawsuit thrown out
Press Release

Returning Soldiers Deserve More Than Just Lip Service From Veterans Affairs
Daily Journal
What This Case Is About
Many veterans who have fought in Iraq and/or Afghanistan, as well as those who served in earlier conflicts, are not being given the disability compensation, medical services and care they need. A much higher percentage of these veterans suffer with Post Traumatic Stress Disorder (“PTSD”) than veterans of any previous war, due to the multiple tours many are serving, the unrelenting vigilance required by the circumstances, the greater prevalence of brain injuries caused by the types of weaponry in use, among other reasons. Despite this, the Department of Veterans’ Affairs (“DVA”) is failing to provide adequate and timely benefits and medical care. This federal lawsuit, on behalf of veterans with pending claims based upon PTSD, regardless of the conflict in which they served, is for declaratory and injunctive relief, based primarily on the due process clause of the Constitution. We will focus on the following issues:

The widespread breakdown of the DVA’s adjudication and health care systems for veterans experiencing PTSD. For example, the application process is too complicated; even veterans with “successful” claims are given ratings that are too low; veterans who are rated as disabled continue to be denied appropriate medical care and ongoing support;
The prolonged administrative delays in processing PTSD claims, at both the regional office and appellate levels. Applications are often bounced up and down through a complicated appeals process. We estimate that the average time for a claim to go through the entire appeals process, from the Regional Office to a petition for certiorari to the Supreme Court, is between twelve and fifteen years;
A variety of statutory and regulatory impediments to a veteran’s ability to collect PTSD compensation. These include the inability to obtain discovery, the absence of subpoena power for documents and witnesses, and the inability to hire a lawyer to help out at the regional office level, among other impediments; and
A pattern and practice of internal DVA abuses and improper rules. These are difficult to detect or prove without discovery.
You are invited to familiarize yourselves with these issues by visiting our Resources, reading the pivotal Court-filed Documents in the case and reading relevant News Articles. We appreciate your interest.

Notice
Oral argument was heard on the appeal of this case on August 12, 2009. The case is now under submission at the Ninth Circuit Court of Appeals.
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On July 25, 2008 Plaintiffs Veterans for Common Sense and Veterans United for Truth, Inc. filed a Notice of Appeal of the decision issued by Senior Federal District Court Judge Samuel Conti. In his decision, Judge Conti held that although it is clear to the Court that the VA may need “a complete overhaul” the the power to remedy this crisis lies with the other branches of government.

The importance of this appeal is underscored by the fact that a serious suicide epidemic among veterans continues to exist. Meanwhile, VA continues to turn away suicidal veterans, as shown by the recent case of Lucas Senescall in Spokane Washington. The flood of veterans with mental health problems will continue to increase as the wars go on. This is because, as a recent Army study found, repeat deployments increase the risk of PTSD by 50 percent, above and beyond what we are already seeing from veterans discharged from the first few years of the Iraq and Afghanistan wars.

In his decision, Judge Conti found that many veterans are suffering, and that the VA is the cause of much of that suffering. For these reasons, Plaintiffs believe they should continue to fight, that their cause is valid, and that Judge Conti was incorrect in holding that the courts are without power to grant veterans a remedy.
How Specialist Town Lost His Benefits
Jon Town has spent the last few years fighting two battles, one against his body, the other against the US Army. Both began in October 2004 in Ramadi, Iraq. He was standing in the doorway of his battalion’s headquarters when a 107-millimeter rocket struck two feet above his head. The impact punched a piano-sized hole in the concrete facade, sparked a huge fireball and tossed the 25-year-old Army specialist to the floor, where he lay blacked out among the rubble.

more…

Press Coverage »
Veterans sue U.S. over “shameful failures” in care
Reuters

Lawsuit says VA mishandled claims; Veterans allege illegal denials and delays for care, disability pay
USA Today

Veterans sue federal gov’t
UPI

Injured Iraq War Veterans Sue VA Head
AP

Veterans Sue for Stress Disorder Benefits
ABA Journal
© 2007-2009 Morrison & Foerster LLP. All rights reserved.

Politics, Veteran Legislative Update

A View From Catholic War Veterans/ Founded in 1935

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~ MORE ~
CATHOLIC WAR VETERANS
OF THE U.S.A.
National Headquarters
441 North Lee Street
Alexandria, VA 22314
Phone (703) 549-3622
Fax (703) 684-5196
www.cwv.org
Press Release
Mr. Jose Garcia
Contact:
National Executive Director
Phone: (512) 560-6091
FOR IMMEDIATE RELEASE
September 28, 2009
CATHOLIC VETERANS CONCERNED ABOUT THE LOSS OF RESOLVE TO WIN THE WAR ON TERROR
ALEXANDRIA, VA: On September 11, 2001 the United States of America was suddenly and savagely attacked by Islamic Terrorists. By committing this act, the terrorists declared war on the United States of America. The United States government responded to the attack by declaring a “War on Terror” and subsequently mobilized not only its own troops, but a broad coalition of troops from our allies to combat the terrorists on their home soil in Afghanistan, Iraq, and the surrounding areas.
It has been over 8 years since the start of combat operations, and according to the most recent official Department of Defense casualty reports, over 4,000 brave service members have been killed in action, and over 35,000 have been wounded in action.
This week, it has been reported that the Commanding General of U.S. Forces operating in Afghanistan and
its surrounds has asked the Pentagon to authorize an additional deployment of between 30,000 to 40,000
new troops to the area. In news reports, General McChrystal has been quoted as saying the reason for the
new request is that, “…failure to gain the initiative and reverse insurgent momentum in the near-term… risks an outcome where defeating the insurgency is no longer possible.”
CATHOLIC VETERANS CONCERNED ABOUT LOSS OF RESOLVE Page 2
~ MORE ~
The Catholic War Veterans of the U.S.A. today wants to remind President Obama as the Commander in Chief of our nation’s military forces that it is his duty to see to the welfare of every service member he deploys, and to provide for them the resources and governmental support necessary to obtain victory against any opposing forces he has set out for them to engage in defense of our nation.
With this in mind, we are very concerned that the current administration seems to have forgotten the reasons we initially responded militarily and declared a War on Terror. We believe that the administration now appears to be risking the lives of our fellow veterans in what has become an unfocused political endeavor, and that our troops are no longer being considered by our government to be operating in a clearly defined state of war.
To ensure that our military forces are used appropriately, we ask President Obama to publicly address the following questions:
1. What is your strategy for achieving total and final victory in the War on Terror?
2. Why is the current administration not making victory in the War on Terror a priority for the American people?
3. What is your plan for ensuring that all deployed troops will have your full and undivided attention, and support, for the missions you have ordered them to undertake?
4. What is your commitment to ensuring that our troops in the field are provided with a limit on return and multiple combat tours?
Mr. President, do not take lightly your decision to put our military in harm’s way. If it is your decision, we expect that you will do everything in your power to achieve victory for them and for the United States of America in the War on Terror.
We applaud our brothers and sisters in uniform for serving our country. In return we ask the American people to hold our government officials accountable to provide the best possible support and care for all of the soldiers, sailors, and airmen that have been, and will be, sent into battle on your behalf.
-End-
CATHOLIC VETERANS CONCERNED ABOUT LOSS OF RESOLVE Page 3
Founded in 1935, the Catholic War Veterans of the United States of America, Inc. is the preeminent national veterans service organization representing the Catholic military veterans of our nation. The CWV is the only Catholic organization to have been granted an official charter by the U.S. Congress. The CWV is a private, non-profit organization recognized by the Internal Revenue Service under IRC 501(c) 4.

Health, Politics, Veteran Legislative Update, Veterans Benefits, Veterans' Spouses, Partners & Families

DoD, The VA and You The New Vet

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The Department of Defense and the Veterans Administration have been working diligently for years to provide a smooth transition of medical records from active duty service to the VA Health Care system.

The intent has been to create a seamless transition to the veteran status and not leave the vet in no mans zone for months while they seek VA health care benefits.

Recently the VA Secretary, Eric Shineski shocked some reporters when he stated that, “trying to do seamless transition when a youngster takes off a uniform today and is inducted into the VA tomorrow is nearly impossible.”

Shinseki believes that the focus should be altered from sharing incompatible data in a troops current records to creating a clean set of records that he states the VA can interpret when the troop leaves the military years from now.

My take only, is that there is something a bit odd about this proclamation. What exactly is “incompatible data?” Who is creating the new record, and what stays and what gets tossed? As a Service Officer, it appears to me that there is some huge compromised territory here that can have grave detrimental aspects for any future claims, and the need for corroborated evidence that a veterans disability is service connected. Yes, I referencing that dreaded terminology of ‘revisionist history” but this time, revisionist medical history.

With highly skilled Information Technology experts in and out of the Government, coupled with the immense depth of knowledge about the Internet, which you recall had its birth at the Pentagon, why can we not solve this dilemma?

My mother used to say, “when nothing is happening something is happening.”

Congress has set a deadline of September 30th to finish the job. No chance romance! But it will be entertaining to hear the answers as to why more time is needed.

I say the Disability bean counters are slowing down the process. War is expensive, and more expensive afterward as the survival rate with modern medicine and evacuation technique has increased the disability claim process by 200 fold, and the pay outs could break the bank.

Politics, Uncategorized, Veteran Legislative Update, Veteran Pals, Veterans Benefits, Veterans' Spouses, Partners & Families

Oh My Word A Dreaded Poll

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Do any of you recall the days when maybe we heard about a poll three times a year? The first 10 years of the 21st Century are going to be known as the ” The Decade of Management by Polling.”

This of course is followed up with the standard coffee shop talk where all those ask each other, “but have you ever been polled yourself?”

I am 62 years old, with 40 years of civic involvement, and I have never once been polled about any topic, retail or politics.

So howabout you all? This is the Poll. Have you ever been polled about anything? Yes or No?

I want to see if the standard deviation applies to a generic poll with no subject. Why because I am paranoid. (tsk) I swear the pollsters have subscriptions lists. Meaning if you are an avid reader, you never get polled. Ok, rib if you like, but prove me wrong.

And then I intend to follow up with a couple of polls scripted just for the readers of this BLOG.
The first one will follow this posting.

Veteran Legislative Update, Veterans Benefits, Veterans' Spouses, Partners & Families

Important Notice To All Veterans

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life is the first gift,love is the second, understanding the third.

Subject: Veterans Notice

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The Department of Veterans Affairs (VA) is warning Veterans not to give credit card numbers over the phone to callers claiming to update VA prescription information. Veteran Service Organizations have brought to VA’s attention that callers are misrepresenting the VA to gain personal information over the phone. They say VA recently changed procedures for dispensing prescriptions and ask for the Veteran’s credit card number. Veterans with questions about VA services should contact the nearest VA medical center or call, toll-free, 1-877-222-8387.

You are subscribed to Veterans’ Benefits for Disability.gov. This information has recently been updated, and can be read by visiting this link:

http://www.disability.gov/benefits/other_benefits_programs/veterans.

Politics, Veteran Legislative Update, Veterans Benefits

Legislative Update

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We offer our continued thanks to the diligence that comes from the Legislative, Policy and Government Affairs people at Vietnam Veterans OF America.

LEGISALTIVE ALERT Support passage of S. 252 Take Action!

Veterans Health Care Authorization Act of 2009

Congress has now returned from its August recess. A number of bills important to veterans and their families have been approved and reported at the Committee level but are waiting for a full vote and final Congressional passage. One extremely important measure in the U.S. Senate is S. 252, the Veterans Health Care Authorization Act of 2009. This bill was sponsored by Senator Daniel Akaka (HI), Chairman of the Committee on Veterans’ Affairs, and is co-sponsored by Senator Richard Burr (NC), the Committee’s Ranking Member, as well as seven other Senators. This comprehensive bill includes provisions to improve Department of Veterans Affairs (VA) personnel programs; improvements in VA health care services; enhancements in women veterans’ care; expansion of mental health services, new programs in traumatic brain injury (TBI) and expansions in VA programs for homeless veterans.

VVA has testified on many of the provisions incorporated into this bill. In fact Congress considered many of these provisions in 2008, but they were not passed due to disagreements over unrelated issues. Veterans and their families need your help to get this bill enacted into law this year.

VVA urges you to contact your two U.S. Senators to request their support for passage of S. 252, the Veterans Health Care Authorization Act of 2009.

As always, VVA thanks you for your advocacy on behalf of our nation’s veterans.