Category Archives: Veteran Legislative Update

Senate, House and State Government decisions impacting veterans.

Spin Codes on Veterans DD-214

j0414112Back in March of 1976 a lawsuit was filed in the US District Court, Northern District of New York. A veteran named Edwin Cosby discovered that he even though he had an Honorable Discharge he had a derogatory spin code in his separation papers known as the DD-214.

Virtually unknown to all veterans of Armed Forces, the D.O.D. began inserting these descriptive, cryptic codes as far back as June of 1956. Instruction Memo 1336.3 ordered the military departments to insert a coded number on the documents used for employment references.

In 1974 the D.O.D testified at a Congressional hearing that only a couple hundred thousand documents had a code number and that the Spin coding system would be abolished. That never happened and by 1977 over 20 million veterans with Honorable Discharges had a spin coded number which they were never aware of and mostly likely are not to this day.

Congress attempted to pass a law regarding the use of spin codes, yet all proposed legislation has failed. Big Brother is alive and well.

The use of these codes can seriously hamper the veterans efforts to find gainful employment, obtain a loan, or procure insurance. Banks, life insurance companies, State and Federal agencies, and major corporations use these codes. Lists of the codes have been sent to Federal Aviation Administration, Housing and Urban Development and the Office of Personnel Management.
And we are worried about socialism!

Veterans can, however, ask to have spin codes removed from their DD-214.

To examine a list of the codes go to “http:www.landscaper.net/discharge.htm” or visit “http://veterancourtcodes.com”

More On Lou Gehrigs Disease/ALS/ Widows Benefits

SEE NOTE IN PARAGRAPH 4. In all my years as a Veterans Benefits Counselor, I have never had a experience of fulfillment and joy like the last 72 hours.

The article I posted about the new VA findings regarding the now service-connected aspect of ALS and the consequent benefits that can be gained by the widows, resulted in calls from California, Arkansas, Texas, New York. and Florida from the spouses of now deceased veterans who passed on from Lou Gehrig’s Disease.

The sense of completion and use of talents has never been as rewarding as it has been to direct these women to the proper channels to get those benefits. I am overwhelmed at the power and reach of the Internet. If there are others, I can be reached at 520-808-3907. God speed to the widows.

Notice to all readers. I am a disabled Veteran myself, and have become a bit overwhelmed with the volume of calls to my cell phone. I love helping, but this is a bit much for one ole Marine. I have now answered 144 calls and loved talking to all of you fine folks. Yet I am going to request of any future callers to try the following first, and then call or email me with any problems you may have.

Call the VA line at 1-800-827-1000 and waltz through the voice promptings to Disability Benefits, then hit ‘0’ for an operator and they will answer in your area. Tell them you want a package for widows, DIC benefits for ALS/ Lou Gehrigs’ Disease,and they will get a package to you right away. It is self explanatory. I would then take the claim package to a local American Legion and have them submit it for you, as you then have a local advocate to check on the status your claim.

Should you have problems, you can email me at “pointmanchaplain@aol.com”

God Bless you all. Mike Brewer/USMC

Last Call/ All Hands On Deck for Arizona Combat Veterans

Tomorrow night, Saturday the 25th at Hotel Congress 6-10pm is our benefit concert supporting the Returning Veteran Program at the Merritt Retreat Center. The band “Still Cruisin” accompanied by the “Shere Delites” are performing for us. Veterans are free. Donations accepted for Merritt Center 501-C-3. See “MerrittCenter.org”
What was once known as shell shock and now as Post Traumatic Stress, has come to the foreground in recent years as veterans of war transition to civilian life. We have learned much about this gap of time that can be critical to the quality of life of the veteran. The Merritt Center four week basic training for recovery and healing was designed with great care and compassion by one woman named Betty Merritt.
The Merritt Center and Lodge is a non-profit retreat center in Star Valley, Payson, Az. It was founded in 1987 by Betty for individual or group renewal and empowerment skills. In talking to veteran friends Betty learned that “combat is nasty stuff.’ Her dream was to ease the pain and anguish of these men and women and prevent the self destructive behavior that families witnessed in the Vietnam Veteran who was seldom welcomed in polite company. The program is spread over several months and attempts to provide new structures of self and a release from the traumatic triggers and residual symptoms of combat stress. The staff are all volunteers and provide their services gratis to the vets. From professional therapists to the cooks, everyone is a volunteer. The family like setting and the freedom of the forest creates a perfect, safe setting to simply let go. The validation and trust that comes with a group of vets who all have one thing in common is the source of a level of healing that cannot be found in a traditional setting. Having been involved in the program as a graduate, and now as a Mentor for 3 years, I can attest to the efficacy of this very unique and sacred place.
With a spiritual focus the participants are able to look at what brings them solace as they drop some of the triggers that loop them into the “fight or flight” syndrome, that frequently lead to vocational and marital problems.
While the program was designed for the OEF/OIF and Afghan veteran, it was discovered that there was still some healing to be done in the general veteran population. Which is to say that the participants are coming from all wars. One evening we had 5 wars around the supper table! Where in American history has that ever occurred? It is quite clear that the effects of war are timeless and have no respect for rank or position in life. To have that experience with a band of brothers is simply transforming.
The Returning Veterans Program costs the Merritt Center approximately $150 for each of the 4 weekends. With the help of the volunteers and private donations the retreat remains free to any combat veteran of any war. We hope to keep it that way forever.
There is also a program for Women that will include the wives of the military. The woman’s program just completed their second retreat.
The dates for the Men’ Retreat beginning in 2010 are; January 15-17. March 5-7. May 14-16. July 9-11.
The dates for the Women’s Retreat are: Feb. 5-7. April 16-18. June 4-6. July 30th-Aug 1st.

Call for application at 928-474-4268. or email “betty@merrittcenter.org.”

The famous thousand yard stare
The famous thousand yard stare

VA Document Addressing Lou Gehrig's Disease ALS and Recent Findings

ALSA.org
ALSA.org
I received many calls today regarding this issue. I hope this helps answer some of the questions. If not feel free to call my hot line 520-540-7000 or VA line 1-800-827-1000

FOR IMMEDIATE RELEASE
September 23, 2008

VA Secretary Establishes ALS as a Presumptive Compensable Illness
Cites Association between Military Service and Later Development of ALS
WASHINGTON – Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.
“Veterans are developing ALS in rates higher than the general population, and it was appropriate to take action,” Secretary of Veterans Affairs Dr. James B. Peake said.
Secretary Peake based his decision primarily on a November 2006 report by the National Academy of Sciences’ Institute of Medicine (IOM) on the association between active-duty service and ALS.
“We are extremely grateful to Secretary Peake, Congressman Henry Brown and Senator Lindsey Graham for standing on the side of veterans with ALS across the country,” said Gary Leo, president and CEO of The ALS Association. “Thanks to their leadership, veterans with ALS will receive the benefits and care they need, when they need them. Thanks to their efforts, no veteran with ALS will ever be left behind.”
The report, titled Amyotrophic Lateral Sclerosis in Veterans: Review of the Scientific Literature, analyzed numerous previous studies on the issue and concluded that “there is limited and suggestive evidence of an association between military service and later development of ALS.”
“ALS is a disease that progresses rapidly, once it is diagnosed,” the Secretary explained. “There simply isn’t time to develop the evidence needed to support compensation claims before many veterans become seriously ill. My decision will make those claims much easier to process, and for them and their families to receive the compensation they have earned through their service to our nation.”
– More –
New Regulation on ALS Presumptive 2/2/2/2

ALS, also called Lou Gehrig’s disease, is a neuromuscular disease that affects about 20,000 to 30,000 people of all races and ethnicities in the United States, is often relentlessly progressive, and is almost always fatal.
ALS causes degeneration of nerve cells in the brain and spinal cord that leads to muscle weakness, muscle atrophy, and spontaneous muscle activity. Currently, the cause of ALS is unknown, and there is no effective treatment.
The new interim final regulation applies to all applications for benefits received by VA on or after September 23, 2008, or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on that date.
VA will work to identify and contact veterans with ALS, including those whose claims for ALS were previously denied, through direct mailings and other outreach programs.
To view the entire regulation published in the Federal Register today, go to: www.federalregister.gov/OFRUpload/OFRData/2008-21998_PI.pdf. For more information on VA’s disability compensation program, go to www.va.gov or contact 1-800-827-1000.

# # #

For the latest news releases and other information, visit VA on the Internet at

http://www.va.gov/opa.

To receive e-mail copies of news releases, subscribe to VA’s list server at:

http://www.va.gov/opa/pressrel/opalist_listserv.cfm.

Claim Process for Veterans with Service Connected Disabilities

Never ForgetIn grateful recognition of their dedication and sacrifice, the United States, through the Veterans Administration has provided its former service women and men with compensation and pension programs designed to assist disabled veterans and their dependents.

Disability compensation is a monetary benefit paid to veterans who are disabled by injury or illness that was incurred or aggravated during active military service. These disabilities are considered to be service connected. Disability compensation varies with the degree of disability and the number of veterans dependents, and is paid monthly. Veterans with severe disabilities may be eligible for additional special monthly compensation. The benefits are not subject to federal or state income tax. For additional eligibility questions visit the Web site at http://www.vba.va.gov/bin/21/

The application process begins with locating and producing the veterans DD-214, known as the Discharge summary. It is advisable to then locate an accredited Service Officer with one of the Veterans fraternal organizations, eg, Veterans of Foreign Wars, American Legion, Disabled American Veterans, Purple Heart Association, AMVETS, Vietnam Veterans of America. Most all States also have State and County Veterans Affairs offices that will assist in the claim process.
The next step is to request form SRF-180 to gather all of your medical and in-service records. Your service officer will have these or they can be found at http://www.va.gov/vaforms. You can also call 1-800-827-1000 and the VA will start your claim over the phone.

The veteran will then complete V A Form 21-22 granting power of attorney to the claimant’s representative, and V A Form 21-4142 giving consent to release all records to the Department of Veterans Affairs. It is not advisable to file a claim without assistance of an accredited veteran service officer. Many of the fraternal organizations have volunteer service officers who can guide the veterans through the forms process. While it may cause some anxiety, it is really a rather simple and straightforward process. The Veterans Administration has excelled at streamlining the process.

The next form contains the primary request of the veteran. It is VA Form 21-526. Application for Compensation and Pension. This is followed by V A Form 21-4138 which is the Statement in Support of Claim. It is advised to seek help from a skilled counselor as you fill this out in your own words. It means telling a story that may be hard to recall or to place in narrative form. It is often helpful to speak to a battle buddy who has completed this process.

Once the VA has awarded service connection for PTSD, it will then review the most current clinical evidence of record to determine how the severity of your symptoms impairs your social and industrial capacity, meaning your ability to find and retain gainful employment. The VA has a schedule of rating disabilities located in Title 38 C F R. Part 4.

The VA has adopted the criteria established in the DSM-lV as the basis for rating PTSD. There is also a diagnostic matrix called the Global Assessment of Functioning Scale that if used to determine your level of impairment. You can share this with your medical care provider who can prepare a report or opinion letter for submission to the VA describing your full spectrum of symptoms.

Rest assured that many good men and women have navigated this process to discover a great deal of contentment in their transition to civilian life.

Having a support system is of vital importance. The Vet Centers around the nation provide that support and validation of your experiences. They provide re-adjustment counseling to any veteran who served in the military in any theatre of combat operation during any period of war or any area where hostilities occurred. These small community-based facilities provide a holistic mix of counseling and community social services, such as referrals to programs like the ones offered at the Merritt Center.

The Merritt Center has a volunteer service officer who serves as a mentor to attendees in the workshops. Michael Patrick Brewer/USMC/ 520-360-6933 email: pointmanchaplain@aol.com. Hot line 520-540-7000

Iraq and Afghan Vet Study

VA begins long-term study of OEF and OIF Veterans

VA Department of Veterans Affairs
Office of Public Affairs
Media Relations
Washington, DC 20420
(202) 461-7600
www.va.gov
FOR IMMEDIATE RELEASE
June 22, 2009

VA Launches 10-Year Health Study of 60,000 New Veterans

WASHINGTON — The Department of Veterans Affairs (VA) has initiated a large, long-term study to look carefully at a broad array of health issues that may affect Operation Enduring Freedom/Operation Iraqi Freedom (OEF/OIF) Veterans and their counterparts who served during the same time period. VA’s “National Health Study for a New Generation of U.S. Veterans” will begin with 30,000 Veterans deployed to OEF/OIF and 30,000 comparison Veterans who were not deployed.

“This study will help us fulfill President Obama’s pledge to ‘stand with our Veterans as they face new challenges’ by enabling us to understand the health problems of our newest generation of combat Veterans,” Dr. Gerald M. Cross, VA’s acting under secretary for health, said. “The study’s findings will help us plan more effectively to provide the best care possible for these deserving Veterans.”

The study will include Veterans who served in each branch of service, representing active duty, Reserve, and National Guard members. Women will be over-sampled to make sure they are represented and will comprise 20 percent of the study, or 12,000 women. A combination of mail surveys, online surveys, telephone interviews, and in-person physical evaluations will be used to collect data from the Veterans.

The study will compare the deployed and non-deployed Veterans in terms of chronic medical conditions, traumatic brain injury (TBI), post traumatic stress disorder (PTSD) and other psychological conditions, general health perceptions, reproductive health, pregnancy outcomes, functional status, use of health care, behavioral risk factors (smoking, drinking, seatbelt use, speeding, motorcycle helmet use, and sexual behavior), and VA disability compensation. VA has contracted with an independent Veteran-owned research firm, HMS Technologies Inc., to collect the data.

The Department of Veterans Affairs is responsible for providing federal benefits to Veterans and their families. VA is the second largest of the 15 cabinet departments and operates nationwide programs for health care, financial assistance and burial benefits. The VA health care system operates more than 1,400 sites of care. Nearly 5.5 million people received care in VA health care facilities in 2008.

People wishing to receive e-mail from VA with the latest news releases and updated fact sheets can subscribe to the VA Office of Public Affairs Distribution List.

Some Chump Change for Vets

Eligible Veterans to receive one-time payment of $250.00 by June 30, 2009

VA Department of Veterans Affairs
Office of Public Affairs
Media Relations
Washington, DC 20420
(202) 461-7600
www.va.gov
News Release

FOR IMMEDIATE RELEASE
June 25, 2009

VA Begins Stimulus Payments to Veterans Recipients of Some VA Benefits Will Receive $250

WASHINGTON – The Department of Veterans Affairs (VA) has requested the Department of the Treasury to make $250 payments to eligible Veterans as part of President Obama’s recovery plan. The first payments were sent Monday, June 22. All payments will be distributed by June 30.

As part of the recovery plan, VA is making one-time payments of $250 to eligible Veterans and survivors to offset the effects of the current economy. VA estimates $500 million in payments will be made to approximately 1.9 million Veterans and eligible beneficiaries as part of this measure.

To be eligible for the payment, VA beneficiaries must have received VA’s compensation, pension, dependency and indemnity compensation (DIC), or spina bifida benefits at any time between November 2008 and January 2009. Also, beneficiaries must reside within the United States, Puerto Rico, Guam, Northern Mariana Islands, American Samoa or the U.S. Virgin Islands.

No application is necessary. VA used its existing payment records to determine eligibility for the $250 payment. Beneficiaries will receive their payments the same way they receive their monthly VA benefits — either by direct deposit or in the mail.

This payment is not countable in determining eligibility for VA pension or Parents’ DIC. The law allows one $250 payment per person. The payment is tax-free. VA beneficiaries who also receive benefits from the Social Security Administration or Railroad Retirement Board will be paid through those agencies, and will therefore not receive the payment from VA.

VA will spend more than $1.4 billion as part of President Obama’s economic recovery plan to improve services to America’s Veterans. VA’s Internet site – www.va.gov/recovery – provides current information about VA’s work to deliver its portion of recovery act funds to benefit Veterans.

Women in the Military

ARIZONA DEPARTMENT OF VETERANS’ SERVICES CO-HOSTS STATE’S FIRST MILITARY WOMEN’S CONFERENCE

(PHOENIX) – Today, nearly 14-percent of America’s servicemembers are women yet services for women veterans are not sufficient to stem a rising number of homeless women veterans on our cities streets.

That will be among the issues taken up by the first Arizona Military Women’s Conference being held Friday, June 26th to Saturday, June 27th at the Radisson Phoenix City Center Hotel in downtown Phoenix.
The event is co-hosted by the Arizona Department of Veterans’ Services.

The conference is designed to informing women servicemembers and veterans of the programs and services available to them and to help create a support system designed for the special needs of female veterans.

On Saturday evening, at 7 p.m., June 27th, there will be a special tribute to the women who have fallen in Operation Enduring Freedom and Operation Iraqi Freedom.

Please contact Joan Sisco of Veterans First at (602) 841.7663 or Gabe Forsberg of the Arizona Department of Veterans’ Services at (602) 234.8431 for more information about this unique and needed event.

EVENT: Arizona Military Women’s Conference
DATE AND TIME: Friday, June 26, 2009, 8 a.m. to Saturday, June 27, 2009, 9 p.m.
LOCATION: Radisson Phoenix City Center Hotel
3600 N. 2nd Avenue, Phoenix, Arizona 85013

Veterans Affairs Budget

House Appropriations Subcommittee on Military Contruction and VA passes draft FY10 funding bill

CQ TODAY PRINT EDITION – APPROPRIATIONS: MILITARY CONSTRUCTION-VA
June 16, 2009 – 1:33 p.m.
Subcommittee Approves Spending Increases for Veterans’ Programs
By Matthew M. Johnson, CQ Staff

A House Appropriations subcommittee approved a draft bill Tuesday totaling $132.3 billion to fund the Veterans Affairs Department, military construction projects and other programs in fiscal 2010.

About $78 billion of that total would be discretionary spending, which is nearly 7 percent more than enacted in fiscal 2009 and $239 million more than the White House requested. About $54.4 billion would be mandatory spending. The Military Construction-VA Appropriations Subcommittee approved the bill by voice vote.

The discretionary total is about $1.4 billion more than the $76.5 billion allocation the subcommittee received last week from the full Appropriations Committee. The increase was to accommodate additional military construction activities in Afghanistan. The full committee is expected to formally approve the increase before sending the bill to the House floor.

The bill is scheduled for committee action June 24 and for floor action in early July.

About $109 billion of the overall total would go to the VA, which is 15 percent more than the amount appropriated for fiscal 2009 () and equal to President Obama’s budget request. Of that amount, $53 billion would be discretionary spending, about 11 percent more than fiscal 2009 levels.

The Veterans’ Benefits Administration, which pays out financial assistance, would receive a total of $56 billion, about 19 percent more than it received in fiscal 2009 and the same level as the president’s request.
Subcommittee Chairman Chet Edwards, D-Texas, stressed the need to hire more veterans’ claims processors.

“Knowing that veterans who have served our nation and answered Uncle Sam’s call when called, they should not have to wait six, eight, 10 and 12 months to get their earned benefits,” he said.

Accounts for the Veterans’ Health Administration, which runs the veterans’ hospital system and other programs, would receive $45.1 billion, roughly 11 percent more than fiscal 2009 levels and matching Obama’s request.

The legislation would also include money for veterans’ health programs in fiscal 2011, a move that would put the politically sensitive programs on a two-year budget cycle, making their funding more predictable.

In effect, appropriators would end up writing two budgets for the VA this year – one to provide fiscal 2010 funding for the whole department and the other to provide fiscal 2011 funding for just VA health programs.

The fiscal 2011 total for those accounts would be $48.2 billion, about 8 percent higher than what the bill would give them for fiscal 2010.

Edwards said the actuarial numbers that the VA provided for fiscal 2011 spending were nearly identical to figures the committee had estimated for the bill.

The advance funding figures attempt to compensate for an anticipated 4.4 percent rate of inflation for health care, as well as an expected increase in the number of veterans who seek treatment at VA facilities, Edwards said.

The portion of the bill dealing with the Defense Department – primarily for military construction projects, family housing, and base realignment and closure – would decrease by 7 percent in fiscal 2010, to a total of $23.3 billion. That would still be $317.7 million more than the administration requested.

Some defense-related accounts would grow, including military construction, which would increase to $12.9 billion, a 4 percent boost from fiscal 2009 totals. The White House requested $12.7 billion.

Family housing projects would take a hit, receiving the administration’s request of $2 billion – a 38 percent drop from fiscal 2009 levels.

Funding for projects related to the 2005 round of base realignments and closures would decline by 15 percent, for a total of $7.5 billion, the same amount requested by the administration.

Source: CQ Today Print Edition
Round-the-clock coverage of news from Capitol Hill.
© 2009 Congressional Quarterly Inc. All Rights Reserved.

The Dreaded Draft

Do any of you think the Draft would ever be re-instated? How would Americans react to such an action of our Government?

The first Military draft was  ordered by President Abraham Lincoln in 1863 during the Civil War. In the Union it was legal for a draftee to buy his way out of the military service for the substantial sum of  $300. Draftess could also send substitutes in their places.

Since then the United States has used conscription in World War l, World War ll, the Korean War and the Vietnam War.  WWll had the largest number of draftees with 11,535,ooo (61% of all troops who served during the war) Of nearly 18 million men examined for induction, about 36% were rejected as physically or mentally unfit for service.  Contrary to rumor, most, nearly 70%  enlisted in the Vietnam era. The Psyciatric casualty rate in combat for WWll veterans was 26%;  in Vietnam it was 3%. However it rose to about 30%  five years after the war.

In 1981, the United States Supreme Court ruled that women do not have to register for the military draft because they are specifically excluded from combat, the Congress has the power to establish a male-only draft. The Department of Defense maintains that to this day, women are not serving in combat.  I take  issue with this stance, as I have attended tons of workshops with  women who drove trucks in convoys that were steeped in combat.

How do you feel about the possibility of a Draft, as we are a little short on personel?