Monthly Archives: September 2009

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)
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Court-filed Documents
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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.
____________________

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.

Alternative Care, Health, Veteran Pals, Veterans Benefits, Veterans Events, Veterans Global, Veterans' Spouses, Partners & Families

A Journey Of Healing And Renewal For Returning Vets

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Well over a million troops have served in Iraq and Afghanistan since the advent of, “Shock and Awe” in March of 2003. A recent study by the VA has indicated that approximately 30% of the returning combat veterans are experiencing post traumatic stress disorder upon returning to civilian life. Most of these are young men and women are the future of our communities and our country. If these young and some not so young, as we have seen a much larger population of career soldiers and Marines in this conflict, are not diagnosed soon after coming home they frequently turn to substance abuse and behaviors that may interrupt relationships with family, friends and superiors. The Vietnam experience witnessed vets being reviled, rejected, misunderstood, and misdiagnosed,(PTSD entered the DSM in 1980). Many of these men and women isolated themselves, rebelled and eventually drained our society of its most precious resource; their productive lives. Will history repeat itself for this new generation of veterans? This must not come to pass again

There is a sacred place here in Arizona that is duty bound to prevent and ease the pain of transition to polite society. It is called the Merritt Center in Payson, Arizona. The Veteran Program that is now in its fourth year has been the source of healing and camaraderie for combat veterans from 7 Wars. From WWll to Tekrit the Merritt Center has hosted men and women who have one thing in common; War.

Since its founding in 1987, the Merritt Center, a non-profit organization has been working with individuals seeking positive ways to move past traumas that have disrupted their lives. The Center has a virtual potpourri of offerings from Sweat Lodges to native talking circles and deep massage therapy so as to get back in touch with the body and its ways of holding pain and emotion. The professionals who volunteer their time are all highly skilled in alternative techniques that bring a sense of closure to past bodily and emotional disruptions.

By observing the needs of the new returning veterans, by way of there trained mentors who are spread across Arizona, and noting the sad history of neglect by their predecessors- the Center has chosen to offer a free program for returning veterans of war.. A series of 4 weekend retreats over the course of 5 months, separate ones for men and women bring a perspective of healing and renewal to the veteran who will most likely not find anything quite so potent inside conventional medicine and therapy.

Over these four weekends the participants are given presentations about the core nature of trauma, its signs and symptoms, and guided at all times by combat veteran mentors who are graduates to the program, many of whom have been helping their comrades for years. A few of the techniques that are learned are; trauma release exercises, body energy work, guided visualizations, drumming, journaling, and Native American talking circles that are quite popular with the vets. Concluding the program is a Sweat Lodge ceremony to purge the toxins of the mind, body and spirit. At the final session the veterans new and home families gather in harmony to celebrate their strong bond and new commitment to healthy living.

The four weekend program seeks to achieve the following goals.

* learning to recognize and release the triggers of trauma
* releasing the negative experiences of combat
* learning new skills to reduce nightmares, flashbacks, and hostile behavior
*reprogramming the mind to expect and trust safety
*creating a new “band of brothers and sisters” who will share the lessons and spread the word
to others vets returning to civilian life.

The nearby ancient Pueblo Ruins coupled with the spa, forest paths, flower garden, hammocks, meditation areas and a ton of quiet places, makes the Merritt Center one of the most unique places in all the west. I for one have been enriched beyond words with the honor to be one of the mentors for this most blessed program that is 100% FREE

For information, contact Betty Merritt at 928-474-4268 or visit the website at;”www.MERRITTCENTER. ORG”

Politics

Comprehensive Update on Veteran Legislation for Our Readers

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VETERAN LEGISLATION:
Of the 3555 House and 1638 Senate pieces of legislation introduced in the 111th
Congress to date, the following are of interest to the non-active duty veteran
community. Bill titles in green are new additions to this summary. A good
indication on the likelihood a bill of being forwarded to the House or Senate for
passage and subsequently being signed into law by the President is the number
of cosponsors who have signed onto the bill. An alternate way for it to become
law is if it is added as an addendum to another bill such as the annual National
Defense Authorization Act (NDAA) and survives the conference committee
assigned to iron out the difference between the House and Senate bills. At
http://thomas.loc.gov you can review a copy of each bill’s text, determine its
current status, the committee it has been assigned to, who your representative is
and his/her phone number, mailing address, or email/website to communicate
with a message or letter of your own making, and if your legislator is a sponsor or
cosponsor of it. To separately determine what bills, amendments your
representative has sponsored, cosponsored, or dropped sponsorship on refer to
http://thomas.loc.gov/bss/d111/sponlst.html. To review a numerical list of all bills
introduced refer to http://thomas.loc.gov/bss/111search.html. The key to
increasing cosponsorship is letting legislators know of their constituent’s views on
issues. Those bills that include a website in red are being pushed by various
veterans groups for passage and by clicking on that website you can forward a
preformatted message to your legislator requesting he/she support the bill.
H.R.147 : Designate a Portion of Tax Payment for Homeless Vets. To amend
the Internal Revenue Code of 1986 to allow taxpayers to designate a portion of
their income tax payment to provide assistance to homeless veterans, and for
other purposes.
Sponsor: Rep Israel, Steve [NY-2] (introduced 1/6/2009) Cosponsors (81)
Committees: House Veterans’ Affairs; House Ways and Means
Latest Major Action: 3/4/2009 House committee/subcommittee actions. Status:
Subcommittee Hearings Held.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=12922516&queueid=[capwiz:queue_i

d]
H.R.270 : TRICARE Continuity of Coverage for National Guard and Reserve
Families Act of 2009 to amend title 10, United States Code, to provide for
continuity of TRICARE Standard coverage for certain members of the Retired
Reserve. Companion Bill S.731.
Sponsor: Rep Latta, Robert E. [OH-5] (introduced 1/7/2009) Cosponsors (67)
Committees: House Armed Services
Latest Major Action: 1/30/2009 Referred to House subcommittee. Status:
Referred to the Subcommittee on Military Personnel.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=12923561&queueid=[capwiz:queue_i

d] or http://www.ngaus.org/content.asp?bid=1805&False&False
S.731 : TRICARE Coverage For “Gray Area” Reservists. A bill to amend title
10, United States Code, to provide for continuity of TRICARE Standard coverage
for certain members of the Retired Reserve. Companion Bill H.R.270
Sponsor: Sen Nelson, E. Benjamin [NE] (introduced 3/26/2009) Cosponsors
(22)
Committees: Senate Armed Services
Latest Major Action: 3/26/2009 Referred to Senate committee. Status: Read
twice and referred to the Committee on Armed Services. ‘
To support this bill and/or contact your Senators send a message via

http://www.ngaus.org/content.asp?bid=1805&False&False

H.R.303 : Retired Pay Restoration Act to amend title 10, United States Code,
to permit additional retired members of the Armed Forces who have a serviceconnected
disability to receive both disability compensation from the Department
of Veterans Affairs for their disability and either retired pay by reason of their
years of military service or Combat-Related Special Compensation and to
eliminate the phase-in period under current law with respect to such concurrent
receipt.
Sponsor: Rep Bilirakis, Gus M. [FL-9] (introduced 1/8/2009) Cosponsors (101)
Committees: House Armed Services; House Veterans’ Affairs
Latest Major Action: 1/30/2009 Referred to House subcommittee. Status:
Referred to the Subcommittee on Military Personnel
H.R.811 : Retired Pay Restoration Act to amend title 10, United States Code,
to permit certain retired members of the uniformed services who have a serviceconnected
disability to receive both disability compensation from the Department
of Veterans Affairs for their disability and either retired pay by reason of their
years of military service or Combat-Related Special Compensation. Companion
Bill S.546
Sponsor: Rep Bilirakis, Gus M. [FL-9] (introduced 2/3/2009) Cosponsors (2)
Committees: House Armed Services; House Veterans’ Affairs
Latest Major Action: 2/24/2009 Referred to House subcommittee. Status:
Referred to the Subcommittee on Military Personnel.
S.546 : Retired Pay Restoration Act of 2009. A bill to amend title 10, United
States Code, to permit certain retired members of the uniformed services who
have a service-connected disability to receive both disability compensation from
the Department of Veterans Affairs for their disability and either retired pay by
reason of their years of military service of Combat-Related Special
Compensation. Companion Bill H.R.811.
Sponsor: Sen Reid, Harry [NV] (introduced 3/9/2009) Cosponsors (40)
Committees: Senate Armed Services
Latest Major Action: 3/9/2009 Referred to Senate committee. Status: Read twice
and referred to the Committee on Armed Services.
To support this bill and/or contact your Senators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=12904686&queueid=[capwiz:queue_i

d]
H.R.333 : Disabled Veterans Tax Termination Act to amend title 10, United
States Code, to permit retired members of the Armed Forces who have a
service-connected disability rated less than 50 percent to receive concurrent
payment of both retired pay and veterans’ disability compensation, to eliminate
the phase-in period for concurrent receipt, to extend eligibility for concurrent
receipt to chapter 61 disability retirees with less than 20 years of service, and for
other purposes.
Sponsor: Rep Marshall, Jim [GA-8] (introduced 1/8/2009) Cosponsors (106)
Committees: House Armed Services; House Veterans’ Affairs
Latest Major Action: 2/6/2009 Referred to House subcommittee. Status: Referred
to the Subcommittee on Military Personnel.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=12406456&queueid=[capwiz:queue_i

d] and http://capwiz.com/usdr/issues/alert/?alertid=12888756
H.R.403 : Homes for Heroes Act of 2009 to provide housing assistance for very
low-income veterans.
Sponsor: Rep Green, Al [TX-9] (introduced 1/9/2009) Cosponsors (41)
Committees: House Financial Services; House Ways and Means
Latest Major Action: 6/17/2009 Referred to Senate committee. Status:
Received in the Senate and Read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
H.R.775 : Military Surviving Spouses Equity Act to repeal the requirement for
reduction of survivor annuities under the Survivor Benefit Plan to offset the
receipt of veterans dependency and indemnity compensation.
Sponsor: Rep Ortiz, Solomon P. [TX-27] (introduced 1/28/2009) Cosponsors
(281) Companion Bill S.535
Committees: House Armed Services
Latest Major Action: 2/17/2009 Referred to House subcommittee. Status:
Referred to the Subcommittee on Military Personnel.
To support this bill and/or contact your legislators send a message via
http://capwiz.com/moaa/issues/alert/?alertid=12848666&type=CO or

http://capwiz.com/usdr/issues/alert/?alertid=12541746

S.535 : SBP DIC Offset Elimination. A bill to amend title 10, United States
Code, to repeal requirement for reduction of survivor annuities under the Survivor
Benefit Plan by veterans’ dependency and indemnity compensation, and for other
purposes. Companion Bill H.775.
Sponsor: Sen Nelson, Bill [FL] (introduced 3/5/2009) Cosponsors (51)
Committees: Senate Armed Services
Latest Major Action: 3/5/2009 Referred to Senate committee. Status: Read twice
and referred to the Committee on Armed Services.
To support this bill and/or contact your Senator send a message via

http://capwiz.com/moaa/issues/alert/?alertid=12848666&type=CO

H.R.1016 : Veterans Health Care Budget Reform and Transparency Act of
2009 to amend title 38, United States Code, to provide advance appropriations
authority for certain medical care accounts of the Department of Veterans Affairs,
and for other purposes.
Sponsor: Rep Filner, Bob [CA-51] (introduced 2/12/2009) Cosponsors (125)
Committees: House Veterans’ Affairs
House Reports: 111-171
Latest Major Action: 8/6/2009 Passed/agreed to in Senate. Status: Passed
Senate in lieu of S.423 with an amendment by Unanimous Consent.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=12704096

S.423 : Veterans Health Care Budget Reform and Transparency Act of 2009.
A bill to amend title 38, United States Code, to authorize advance appropriations
for certain medical care accounts of the Department of Veterans Affairs by
providing two-fiscal year budget authority, and for other purposes.
Sponsor: Sen Akaka, Daniel K. [HI] (introduced 2/12/2009) Cosponsors (56)
Committees: Senate Veterans’ Affairs
Latest Major Action: 8/6/2009 Senate floor actions. Status: Returned to the
Calendar. Calendar No. 101.
To support this bill and/or contact your Senators send a message

http://capwiz.com/usdr/issues/alert/?alertid=12703276

H.R.1203 : Federal and Military Retiree Health Care Equity Act to amend the
Internal Revenue Code of 1986 to allow Federal civilian and military retirees to
pay health insurance premiums on a pretax basis and to allow a deduction for
TRICARE supplemental premiums. Companion Bill S.491
Sponsor: Rep Van Hollen, Chris [MD-8] (introduced 2/25/2009) Cosponsors
(189)
Committees: House Ways and Means; House Oversight and Government
Reform; House Armed Services
Latest Major Action: 6/26/2009 Referred to House subcommittee. Status:
Referred to the Subcommittee on Federal Workforce, Post Office, and the District
of Columbia.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=12787701&queueid=[capwiz:queue_i

d]
H.R.1211 : Women Veterans Health Care Improvement Act to amend title 38,
United States Code, to expand and improve health care services available to
women veterans, especially those serving in Operation Enduring Freedom and
Operation Iraqi Freedom, from the Department of Veterans Affairs, and for other
purposes. Companion Bill S.597
Sponsor: Rep Herseth Sandlin, Stephanie [SD] (introduced 2/26/2009)
Cosponsors (51)
House Reports: 111-165
Latest Major Action: 6/24/2009 Referred to Senate committee. Status:
Received in the Senate and Read twice and referred to the Committee on
Veterans’ Affairs.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=12833716&queueid=[capwiz:queue_i

d]
S.597 : Women Veterans Health Care Improvement Act of 2009. A bill to
amend title 38, United States Code, to expand and improve health care services
available to women veterans, especially those serving in operation Iraqi Freedom
and Operation Enduring Freedom, from the Department of Veterans Affairs, and
for other purposes. Companion Bill H.R.1211
Sponsor: Sen Murray, Patty [WA] (introduced 3/16/2009) Cosponsors (20)
Committees: Senate Veterans’ Affairs
Latest Major Action: 3/16/2009 Referred to Senate committee. Status: Read
twice and referred to the Committee on Veterans’ Affairs.
H.R.1513 : Veterans’ Compensation Cost-of-Living Adjustment Act of 2009
to increase, effective as of December 1, 2009, the rates of disability
compensation for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of certain serviceconnected
disabled veterans, and for other purposes.
Sponsor: Rep Kirkpatrick, Ann [AZ-1] (introduced 3/16/2009) Cosponsors (10)
Related bill S.407
Committees: House Veterans’ Affairs
Latest Major Action: 3/31/2009 Referred to Senate committee. Status:
Received in the Senate and Read twice and referred to the Committee on
Veterans’ Affairs.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=13048376&queueid=[capwiz:queue_i

d]
S.407 : Veterans’ Compensation Cost-of-Living Adjustment Act of 2009. A
bill to increase, effective as of December 1, 2009, the rates of compensation for
veterans with service-connected disabilities and the rates of dependency and
indemnity compensation for the survivors of certain disabled veterans, and for
other purposes.
Sponsor: Sen Akaka, Daniel K. [HI] (introduced 2/10/2009) Cosponsors (17)
Related bill H.R.1513
Committees: Senate Veterans’ Affairs
Senate Reports: 111-24
Latest Major Action: Became Public Law No: 111-37 [GPO: Text, PDF]
H.R.2254 : The Agent Orange Equity Act to amend title 38, United States
Code, to clarify presumptions relating to the exposure of certain veterans who
served in the vicinity of the Republic of Vietnam.
Sponsor: Rep Filner, Bob [CA-51] (introduced 5/5/2009) Cosponsors (119)
Committees: House Veterans’ Affairs
Latest Major Action: 5/8/2009 Referred to House subcommittee. Status: Referred
to the Subcommittee on Disability Assistance and Memorial Affairs.
To support this bill and/or contact your legislators send a message via

http://capwiz.com/usdr/issues/alert/?alertid=13301656&queueid=[capwiz:queue_i

d]
H.R.2926 : VA Special Care for Vietnam-era & Persian Gulf War Vets
Exposed to Herbicides. To amend title 38, United States Code, to direct the
Secretary of Veterans Affairs to provide, without expiration, hospital care,
medical services, and nursing home care for certain Vietnam-era veterans
exposed to herbicide and veterans of the Persian Gulf War.
Sponsor: Rep Nye, Glenn C., III [VA-2] (introduced 6/17/2009) Cosponsors (5)
Latest Major Action: 7/9/2009 House committee/subcommittee actions. Status:
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
H.R.3200 : America’s Affordable Health Choices Act of 2009 to provide
affordable, quality health care for all Americans and reduce the growth in health
care spending, and for other purposes.
Sponsor: Rep Dingell, John D. [MI-15] (introduced 7/14/2009) Cosponsors (8)
Committees: House Energy and Commerce; House Ways and Means; House
Education and Labor; House Oversight and Government Reform; House Budget
Latest Major Action: 7/31/2009 House committee/subcommittee actions. Status:
Ordered to be Reported (Amended) by the Yeas and Nays: 31 – 28.
S.1518 : Caring for Camp Lejeune Veterans Act of 2009. A bill to amend title
38, United States Code, to furnish hospital care, medical services, and nursing
home care to veterans who were stationed at Camp Lejeune, North Carolina,
while the water was contaminated at Camp Lejeune.
Sponsor: Sen Burr, Richard [NC] (introduced 7/27/2009) Cosponsors (6)
Committees: Senate Veterans’ Affairs
Latest Major Action: 7/27/2009 Referred to Senate committee. Status: Read
twice and referred to the Committee on Veterans’ Affairs.

Politics

GI Bill Education Benefits in the Slow Lane

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VA Says it has Processed Less than Half of GI Bill Education Benefits

Written by Bob Brewin/ Iraq Veterans of America

September 23, 2009 – The Veterans Affairs Department said on Wednesday that it has processed less than half of the pending education benefits claims veterans are entitled to under the post 9/11 GI bill claims, and veteran groups expressed serious concerns students will not be able to pay their rent next month and colleges will need to wait for tuition payments.

The department has paid more than 61,000 benefits claims totaling $50 million since August, according to a statement. VA also said it processed 503,000 claims totaling $1 billion for other education benefit programs during the same period.

But VA told Nextgov that it still must process another 72,329 claims for post-9/11 GI bill benefits, with 60,071 eligibility determinations and 12,258 enrollment certifications. The department has a total of 172,662 education claims pending, which includes the new GI bill claims as well as other education programs.

VA said since May it has received 277,000 applications from veterans for certificates of eligibility or school enrollment certifications under the new GI bill, which greatly expanded the tuition and housing payments granted to veterans to pay for college under the old GI bill. VA said it has sent certificates to fewer than 200,000 veterans.

The Veterans Benefits Administration, in its latest weekly report, showed it had 268,083 items related to education benefits pending as of Sept. 21, down 11.3 percent from the previous week, but about four times the 64,700 items that were backed up a year ago. VA estimates 20 percent to 25 percent of the pending items are actual claims for education expenses and the remaining items involved other tasks, such as an inquiry about the status of a claim.

As of last week, VA had made 33,000 housing and stipend payments valued at $16 million and issued more than 20,000 payments to schools for tuition and fees for veterans under the post-9/11 GI bill.

The department’s GI bill Web site reported the average processing time for claims — including those under the new bill, the older Montgomery GI bill and other education programs — averages 56 days. VA officials said it takes an average of 35 days to process post-9/11 GI bill claims, but added the processing time increased by an unspecified number of days when the fall semester began at colleges and universities.

“Our top priority is providing our students and schools with accurate and timely benefit payments so veterans can focus all of their energy on studies,” said Patrick Dunne, undersecretary for benefits.

Despite the optimistic report, student veterans groups expressed concern that their checks would not be in the mail in time to cover tuition payments or housing expenses, as outlined in the GI bill.

Brian Hawthorne, who served two tours as an Army medic in Iraq and is the legislative director of Student Veterans of America, said he found it “heartening to see that the money is moving, and the extraordinary efforts that the VA is undertaking to ensure that student veterans are being paid.”

But Hawthorne, a senior at The George Washington University, also expressed concern that some schools and veterans will not receive payments from VA in a timely fashion. Under the GI bill, VA pays tuition and fees to colleges and universities directly and sends a housing allowance and stipend, which runs about $1,900 a month in the District of Columbia, to veterans. The first housing checks for the fall semester are due next month. Summer school students should have received housing allowance checks for August in September.

Student Veterans of America continues to receive reports from veterans that they have not received payments for housing and from schools that they haven’t received checks for tuition. “This is obviously a serious problem, but can also be expected with a new program,” Hawthorne said.

Joe Davis, a spokesman for the Veterans for Foreign Wars, also continues to be concerned for veterans who have yet to receive their checks. “The VA is working very hard to meet the anticipated avalanche of claims, but the increase in claims processing time is having a negative impact on student veterans,” he said.

Rep. Steve Buyer, R-Ind., and the ranking member of the House VA Committee, said in a statement, “The VA should have asked Congress for additional resources to ensure veterans and schools received their payments in a timely manner. Not once during the five oversight hearings held by the Economic Opportunity Subcommittee since passage of the new program did VA mention needing additional resources for implementation.”

The Student Veterans of America has urged schools that have not received payments to allow veterans to remain in class. If veterans do not receive their housing allowance next month, the group has asked schools “to make emergency loans available so as to not disrupt the veteran’s lifestyle, with the understanding that the full faith and credit of the U.S. government is behind these payments, and that the money will arrive,” Hawthorne said.

While schools can afford to be more accommodating to student veterans, payments to “landlords, grocers, gas stations and other essential cost-of-living expenses don’t stop,” Davis said. “The VA has to do a better job of expediting claims processing and pa

Politics

Hot Scoop About Camp Lejeune

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This week there will be a two part show on the Camp Lejeune contamination issue. It will be aired on the Campbell Brown show on CNN. The show is on Sept 24 and Sept 25 at 8 pm- 9 pm est. If you were stationed at Camp Lejeune between 1957- 1985 this show is a must see. Pass this information to any Marine or family member you know was stationed there.

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

Update on Cars4Vets

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Tucsonan, Scotty Scotton, founder of Cars4Vets is on a roll. Since I first wrote about this fine mission to our fellow veterans, Scotty has donated several more cars to needy veterans. The awareness of his mission, since returning from Iraq has spread like wild fire, as he gains support from local donors of automobiles and benefactors who have grown fond of his work.

Cars4Vets has liaisons in 48 States whom locate autos and connect the donor with the veteran. Here in Tucson, Scotty an Army Corps of Engineer Soldier and ASE Certified mechanic will take a car that needs repairs and get it road worthy prior to donating it to a veteran.

His awareness campaign has included numerous talk shows, presentations at Veterans Fraternal Organizations, and public appearances. This man is a one man work horse and is blessed with a gift of boundless energy.

In addition to his life mission to help his comrades, Scotty maintains a class schedule at Pima College in Machine Tool Technology, while working toward a Masters Degree in Construction Engineering. He was just elected as the President of a new campus veterans club named; PCC Vets4Vets. He also just received an appointment to the City of Tucson Veterans Affairs Council.

For details on the Cars4Vets program, or to make a donation, call Scotty Scotton/ OIF Veteran, at 520-272-7031.