From:
Director, RAO Baguio [[email protected]]
Sent:
Wednesday, March 15, 2006 1:24 AM
Subject:
RAO Bulletin Update 15 March 2006
RAO
Bulletin Update
15 March
2006
THIS
BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:
�
==
Military Funeral Conduct [02] --------- (New law in SD)
==
Medicare [02] -------------------------- (Means testing in 07)
==
Medicare [03] --------------------------- (What lies ahead)
== DACMC
[01] ---------------------------- (Proposed pay changes)
== VA
Budget 2007 [01] ------------------- (Inadequate)
== VA
Agent Orange Claims [01]:� -------
(CLL/Blue water eligibles)
==
Arrears of Pay ---------------------------- (Due upon death)
==
Medicare Rates 2006 [04] -------------- (4.4% cut halted)
==
Tricare User Fee [08] ------------------- (A step backward)
==
Tricare User Fee [09] ------------------- (HASC opposition)
==
== CNGR
Commission --------------------- (Review of RC)
== VA Appointments
[01] ----------------- (Taking longer to get)
== CRSC
[34] ------------------------------- (New bill S.2385)
== SBP
DIC Offset 07 ---------------------- (Widow�s tax remains)
==
Mobilized Reserve ---------------------- (7,693 decrease)
== Navy
Uniform Changes ----------------- (Crackerjacks remain)
== VA
Claim Decision Representation --- (New bill H.R.4914)
==
Veterans� Preference [02] -------------- (More vets covered)
==
Coronary Heart Disease Mgmt -------- (72 page guide)
==
Obtaining Credit Reports --------------- (Annual free copy)
== Tax
Refund Scam ------------------------ (More identity theft)
== TFL
Trust Fund -------------------------- (DOT not paying)
==
Medicare Part D [05] -------------------- (Critique)
== Aid
& Attendance [01] ------------------ (Underutilized)
MILITARY
FUNERAL DISORDERLY CONDUCT UPDATE 02:�
South Dakota Legislation SB No. 156 was signed into law by the Governor
on 13 FEB 06 to prohibit the picketing of funerals under certain circumstances.
The bill carried an emergency provision so it became effective immediately
since there were two full military funerals for veterans who were killed in
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF
Section 1. No person may engage in any act of picketing at any funeral
service during the period from one hour before the scheduled commencement of
the funeral services until one hour after the actual completion of the funeral
services.� Any violation of this section
is a Class 2 misdemeanor.� Each day on
which a person violates this section constitutes a separate offense.
Section 2. Notwithstanding the criminal penalties provided in section
1 of this Act, the circuit court may enjoin conduct proscribed by section 1 of
this Act and may in any such proceeding award damages, including attorney fees,
or other appropriate relief against any person who is repeatedly found guilty
under this Act.
Section 3. For the purpose of this Act, the term, picketing, means
protest activities engaged in by any person stationed within one thousand feet
of a funeral service within one hour prior to, during, and one hour following
the commencement of any funeral service.
Section 4. For the purposes of this Act, funeral services are any
ceremony, procession, or memorial held in connection with the burial or
cremation of a deceased person.
Section 5. Whereas, this Act is necessary for the immediate
preservation of the public peace, health, or safety, an emergency is hereby
declared to exist, and this Act shall be in full force and effect from and
after its passage and approval.
[Source:
SD DVA VSO msg. Mar 06]
MEDICARE
UPDATE 02: For the first time in Medicare's history, millions of seniors will
be required to pay substantially more for their Medicare Part B premiums than
other seniors next year. In 2007 the government will begin "income
relating," or means testing. Higher income seniors will have to pay more
for their doctors' services and outpatient coverage. The change, which comes as
part of the 2003 Medicare drug legislation, could affect as many as 2.3 million
seniors according to estimates by the Congressional Budget Office (CBO).
Currently, the Medicare premium that beneficiaries pay ($88.50 per month) is
25% of the total cost. The government pays the other 75%, or $265.50, in 2006.
This will change in 2007 when the government starts phasing in higher premiums
for seniors with higher incomes, making them pay a higher portion of the total
cost. Assuming the Medicare Part B premium continues to rise at the same
average rate that it has for the past five years (about 13.4%), the following
illustrates what estimated premiums may look like for 2007 through 2009.
Individuals
Annual Income 2006 thru 2009
Under
$80,000 -------------- $88.50� $100.40 $113.90� $129.20
$80,000
- $100,000 --------- $88.50����� $113.30
$141.30 $180.90
$100,000
- $150,000 ------- $88.50����� $133.30
$190.00 $258.40
$150,000
- $200,000 ------- $88.50����� $153.30
$235.50 $335.90
Above
$200,000 ------------ $88.50� $173.30
$281.10 $413.40
Married
Couples Annual Income 2006 thru 2009
Under
$160,000 ------------�
$88.50� $100.40
$113.90� $129.20
$160,000
- $200,000 ------- $88.50����� $113.30
$141.30 $180.90
$200,000
- $300,000 ------- $88.50����� $133.30
$190.00 $258.40
$300,000
- $400,000 ------- $88.50����� $153.30
$235.50 $335.90
Above
$400,000 ------------ $88.50� $173.30
$281.10 $413.40
���� Means testing of the Part B premium was
one of the most controversial elements of the 2003 Medicare drug law. Neither
version of the law originally passed by the House or the Senate even contained
the provision. The Washington Post reported in 2003 that the House version of
the legislation would have required Medicare beneficiaries to pay more for
medicine under the new Part D drug plans. The provision to charge higher income
beneficiaries more for the Part B premium rather than for prescription drug
coverage was inserted at the last minute by the small handful of Congressional
leaders who negotiated the final version of the law behind tightly closed
doors. Means testing radically changes the nature of Medicare. The program was
designed as universal social insurance with everyone paying a uniform premium
and receiving a standard package of benefits. Supporters of means testing argue
that it's needed to cut Medicare costs and make the program more sustainable.
Government estimates, however, indicate that higher premiums for some will not
save Medicare.
���� According to CBO estimates, means testing
the Part B premium would only save about $13 billion over ten years. That's
less than three tenths of one percent of what Medicare is estimated to spend
over the same period. Although similar provisions surfaced in the past, they
have proven politically explosive. The change was the main feature of the 1988
"Medicare Catastrophic" law to protect Medicare beneficiaries from
catastrophic health care expenses. It proved so incendiary
that Congress was promptly forced to repeal the law the very next year. The
Senior Citizens League (TSCL) believes that means testing opens the door for
Congress to shift an ever-growing portion of premium costs to seniors. In his
2007 fiscal year budget, President Bush has proposed changes that would subject
growing numbers of seniors to higher premiums. Congress could at any time
change the income levels and/or the portion of the premium seniors have to pay.
TSCL believes the 2003 Medicare drug law should be replaced and supports a
simple, easy-to-use drug benefit. [Source: TSCL Newsletter Mar 06]
MEDICARE
UPDATE 03: The shock of higher than expected Medicare Part D costs for many
seniors last January could be a preview of what lies ahead.� The 2003 drug legislation which was billed as
the biggest expansion in the history of Medicare also greatly expanded
out-of-pocket costs for millions of seniors from rich to poor.� In addition to adding a drug benefit, it will
make some seniors pay more for the doctors' and outpatient care starting next
year, and already makes all beneficiaries pay more every year for the Part B
deductible. Many advocates are pressing Congress to take immediate action
before beneficiary out of pocket cost rise above user�s ability to pay them.�
���� The funding for Medicare Part D is made up
in part by premiums paid by beneficiaries that go to the drug plans, and
payments made by the states to the federal government to cover dual eligibles
who formerly received their drugs through state Medicaid programs.� There are hundreds of billions in costs,
however, that must come from the general federal revenues. These are cash
resources that the federal government must now borrow.� The growing financial deficits create
enormous pressure to cut the program.
Legislative
initiatives to cut Medicare Part D and other Medicare spending are in fact well
underway.� In addition, Congress is
considering multiple proposals that would further increase costs for
beneficiaries.� Last December the
Congressional Budget Office (CBO) examined the following options to cut
government Medicare spending:
-���� Raise premiums or co-payments
-���� Go to a "premium support" system
(which could cap the amount the government contributes for care)
-���� Gradually raise
the eligibility age for Medicare from 65 to 67
�Organizations and advocates representing
seniors are fighting proposals that would raise seniors' Medicare costs, and
are working for a more fair and adequate annual Cost of Living Adjustment
(COLA).� Senior citizens having problems
getting the Part D prescription drug coverage, or with other Medicare costs,
are encouraged to contact their Members of Congress and ask for their
help.� Every Member of Congress has staff
that helps resolve problems constituents may have in receiving promised
government benefits.� Let them know how
high health care costs are affecting you and ask them to support measures to
protect seniors for higher costs in the future. [Source:� TSCL & The Long-Term Budget Outlook CBO
Dec 05 ++]
DACMC
UPDATE 01: The Defense Advisory Committee on Military Compensation after
spending the past year studying the military compensation system is
recommending sweeping changes that, if approved, would bring military
compensation more on par with private-sector compensation.� DACMC released details of its recommendations
28 FEB and is incorporating them in a final report expected to go to Defense
Secretary Donald Rumsfeld by late APR 06.�
The proposed package includes two major ideas. These include revamping
the retirement system so servicemembers receive more pay throughout their
careers rather than at their completion, and basing pay on performance rather
than longevity and other factors, he said. Any proposed changes to the
compensation package would be grandfathered in, so currently serving members
would not be affected. The only exception could be in the case that current
members are offered the opportunity to voluntarily "opt in" to the
new system. In terms of retirement, the committee recommends:
-���� Vesting members at 10 rather than 20 years;
-���� Paying graduated retirement plans ranging
from 25% of base pay at 10 years to 100% of base pay at 40 years;
-��� Establishing a Thrift Savings Plan or
401K-like plan with government contributions of 5 to 10% of base pay.
-��� Providing additional retired pay credit
(and basic pay increases) through 40 years of service
-���� Providing "gate pays" at specific
service milestones, as determined by the individual services; and
-���� Delaying payment of the retirement annuity
until age 60.
In terms
of pay for performance, the committee recommends:
-���� Revising the pay charts so pay is based on
time in grade rather than years of service; and
-���� Eliminating the "with dependents"
and "without dependents" provision of basic allowance for housing so
all servicemembers in the same pay grade receive the same allowance, regardless
of their family situation.
The
proposed system would benefit servicemembers, giving them more upfront cash
throughout their careers. It was noted that most private-sector compensation
packages give 80 percent of their cash up front, deferring just 20%for
retirement. In contrast, the current military compensation package pays about
one-half the total compensation up front and defers the rest. The committee's
recommendations help update the current military retirement system which is
based on a 1940s-era model. At that time, most members served 30 years, retired
in their 50s and typically lived into their 60s, he said. Today, it's typical
for servicemembers to retire after 20 years of service to start second careers
and to live longer lives. Restructuring the compensation package will provide
more options for servicemembers.
-���� Rather than offering no retirement benefit
short of 20 years, the proposed system would offer a portable retirement system
with reduced-level benefits ��after 10
years.
-���� Revising the pay tables to reward time in
grade will ensure consistent benefits for servicemembers promoted ahead of
their peers, and
-���� Paying equal housing allowances to all
members of equal grade in equal locations, the proposed system will reward
people "for their performance, not their marital status.
While
bringing the military pay system more on par with systems in the private
sector, the proposal maintains sight that service in the military is unique.
For example, while it calls for greater cost sharing among Tricare recipients,
it continues to ensure full medical care after 20 years of service. If Rumsfeld
approves the plan, it will be subject to congressional review before being introduced.
The secretary established the Defense Advisory Committee on Military
Compensation to study the current pay system and come up with ways to bring it
more in line with what servicemembers want and operational needs demand.� The seven-member committee spent a year
reviewing the military pay package, holding public hearings and developing its
recommendations. [Source: American Forces Press Service 28 Feb 06 ++]
VA
BUDGET 2007 UPDATE 01:� To maintain
essential services for veterans under the present VA funding process, adequate
funding must be provided.� This could be
accomplished if Congress:
���� � Provided $26 billion in appropriations
for veterans� direct medical services in FY 2007
���� � Rejected recommendations to impose
additional charges upon veterans for medical care
���� � Authorized 10,820 total FTEs for C&P
Service for FY 2007
The
Independent Budget (IB), coauthored by the Disabled American Veterans, AMVETS,
the Paralyzed Veterans of America, and Veterans of Foreign Wars, recommends that
Congress appropriate $26 billion for veterans� medical services in fiscal year
(FY) 2007 just to maintain current service levels. The Administration�s budget
seeks $24.7 billion in appropriations for veterans� medical services which is
an 8% increase over last year but falls $1.3 billion short of the IB�s recommendation. The President�s medical care budget
slightly increases the mental health services capacity; however, it continues
the hiring freeze of all other direct health care providers at a time when an
influx of new veterans from the wars in
���� The Bush Administration declares that it
will achieve $1.1 billion in savings through new management efficiencies. VA
officials have regarded these as a savings goal and used them to reduce
requests for a higher level of annual appropriations in order to fill the gap
between VA�s projected demand cost for health care services and the amount the
President requested. DAV opposes, and Congress has consistently rejected,
Bush�s proposals to place more of the burden of health care costs onto
veterans. Higher medical care copayments and proposed user fees are nothing
more than taxation upon the benefits of disabled veterans. Such fees depart
from the fundamental principle that those benefits are provided to veterans by
a grateful nation in partial compensation for their service and sacrifices. Assuming
Congress agrees to impose these taxes on disabled veterans, assuming the
projected savings from the unconscionable scheme to drive veterans away from
the system created for them, and assuming all of the savings from the
attainment of new efficiencies, the total budget authority would still fall
short of what is needed to maintain services.
���� The Bush proposed budget would also make
further personnel reductions in VA�s Veterans Benefits Administration at a time
when benefit claims are expected to increase and when unacceptable delays
already are occurring due to inadequate staffing. The VFW noted that there is
no mention in the budget on how the Veterans Benefits Administration would
address a VA claims backlog of more than 813,000 cases. They are also concerned
about the quality of future claims decisions in questioning how the VA is
planning to overcome a huge exodus of experience as the baby-boomer generation
retires from federal service over the next five years.� Based on the adverse and long-standing
problems from chronic understaffing in VBA�s
Compensation and Pension Service (C&P), compounded by anticipated increased
claims volumes, the IB recommends 10,820 FTE for C&P Service. The
President�s budget requests 9,445 FTE, which would reduce direct program FTE
personnel for handling compensation claims by 149 in 2007. The budget request
concedes that the already unacceptable claims backlog would grow even larger in
2006 and 2007, and to knowingly request resource levels that will only make this
situation worse, is indefensible.� [Source: DAV Legislative Talking Points for
2006 Mid-Winter Conference 17 Feb 06 ++]
VA AGENT
1.) CLL
Claims:� Chronic lymphocytic
leukemia (CLL) is the latest disease the VA added to the list of diseases
presumptively service connected due to Agent Orange.� The VA issued the regulation adding CLL on 16
OCT 03.� CLL is a malignancy (cancer) of
the white blood that results from an acquired injury to the DNA of a single
cell, a lymphocyte, in the bone marrow.�
This injury is not present at birth.
As a
result of the Nehmer lawsuit [Nehmer
v. U.S. Veterans Administration, 32 F. Supp. 2d 1175 (N.D. Cal. 1999)] the VA
is normally required to pay benefits for an Agent Orange-related disease
retroactive to the date the VA received the first claim the veteran or survivor
filed based on the disease with the exception of claims that were finally
denied before 25 SEP 85.� VA took the
position that when it was service connected CLL the Nehmer
rules did not apply to CLL claims.� As a
result, the VA assigned an effective date no earlier than 16 OCT 03 whenever
the VA granted a disability or DIC claim based on CLL even if the first CLL
claim was filed before 16 OCT 03.
���� The Nehmer
lawsuit is a class action brought by National Veterans Legal Services Program
(NVLSP) on behalf of
2.)� Blue Water Disability/DIC claims: From 1991
to 2002, the VA took the position that Navy veterans who were awarded the
Vietnam Service Medal as a result of service in the waters offshore Vietnam (blue
water vets) were entitled to the same presumption of exposure to Agent Orange
as veterans who set foot on land in Vietnam.�
As a result, many Navy veterans who served offshore and their survivors
were granted disability or DIC benefits based on an Agent Orange-related
disease. However, in FEB 02 the VA amended VA Manual M21-1 to limit the
presumption of exposure to Agent Orange to only those veterans who actually set
foot on the land mass of
���� NVLSP has appealed to the Court of Appeals
for Veterans Claims many of the BVA decisions denying benefits to blue water
veterans.� NVLSP has argued in these
cases that the VA's change of position in 2002 violates the Agent Orange Act of
1991.� On 10 JAN 06, a panel of the Court
heard argument in one of NVLSP's appeals and a
decision on the legality of the VA's set-foot-on-land requirement is expected
some time this year.� In any case in
which you are representing yourself or another blue water Navy veteran/survivor
on a claim based on an Agent Orange-related disease, you should keep the claim
alive by filing a timely Notice of Disagreement (NOD) after the VA denial, and a timely substantive appeal after the Statement
of the Case (SOC).� If
the BVA denies the claim, contact NVLSP attorney Rick Spataro
so that a timely appeal can be filed with the
[Source:
NVLSP Staff Attorney msg 16 Feb 06]
ARREARS
OF PAY:� When a retiree dies, the retired
pay for the part of the month in which the retiree was alive is owed to the
retiree�s named beneficiary. This is called arrears of pay (AOP). This benefit
is not the same as the Survivor Benefit Plan.�
AOP is a one-time payment. Since retired pay stops with the death of the
retiree, all retired pay received after the retiree�s death must first be
returned to the Defense Finance and Accounting Service�s (DFAS).� Then the beneficiary should apply for
AOP.� Officials with DFAS Retired and
1.)� Note that the DFAS number to report the death
of a retiree is 1(800) 321-1080, the same number you call for other questions
about retired pay.� This is NOT the
number for the
2.)
Beneficiaries applying for AOP must complete a Standard Form 1174, Claim for
Unpaid Compensation of Deceased Member of the Uniformed Services. This form is
available at www.dtic.mil/whs/directives/infomgt/forms/eforms/sf1174.pdf or
from a RAO or RSO. DFAS officials ask that you pay special attention to the
following sections of the form, often missed by applicants.
-���� Items 1 and 2 � the claimant�s name and
relationship to the deceased � are frequently skipped.
-���� Part C should be used to list those who
could be beneficiaries if there is no spouse. For example, if there are several
children, two could be named in Parts A1 and 2, the rest would be listed in
Part C. If there is no surviving spouse, child or grandchild, claimants could
include parents or other next of kin.
-���� �
Part E should be completed if the person who paid for the funeral is not
the designated beneficiary or the executor.
-���� Most beneficiaries remember to sign Part F,
but many forget to include their address.
-���� All blocks must be completed. The form
gives space for two signatures there. If more than two children are signing,
they can duplicate the form and provide the same information.
-���� Part G must be signed by two
witnesses.� Beneficiaries living overseas
must include a Citizen Affidavit. If children are completing the form and the
non-retiree parent has died, they need to include a copy of the death
certificate with the application. If any of the children are minors,
guardianship papers must accompany the SF1174. Minors are not authorized to
sign for themselves. If the retiree died overseas, the application should
include a death certificate translated into English.
If you
have questions, call DFAS at 1-800-321-1080. Their goal is to receive a
complete application the first time so they can pay the beneficiary within 30
days of receipt. [Source: Army Echoes JAN-APR 06]
MEDICARE
RATES 2006 UPDATE 04: Medicare/Tricare patients and physicians received a
well-deserved last-minute rate cut reprieve 1 FEB, with passage in the U.S.
House of the Deficit Reduction Omnibus Reconciliation Act of 2005, which was
approved by a 212-206 margin. It now goes to the President to be signed into
law.� Physician Medicare and Tricare
reimbursement rates will not be slashed as previously planned, thanks to
intense pressure from
����
����
TRICARE
USER FEE UPDATE 08: Senators Larry Craig (R-ID), chairman of the Senate
Veterans� Affairs Committee, and Lindsey Graham, (R-SC), chairman of the Senate
Armed Services personnel subcommittee, have endorsed the Bush administration�s
fiscal 2007 budget that would raise Tricare enrollment fees and co-payments for
military retirees under age 65 and raise prescription co-payments for certain
veterans. Graham said that, although the nation owes veterans and retirees a
lot, they should continue to sacrifice by paying the huge increases the
administration wants. He added that, although he wasn�t budging on the
increases, he was willing to consider shifting retiree health care
administration from the Defense Department to the Department of Veterans
Affairs so that health dollars would not compete with military hardware and
personnel costs. Although the idea is controversial, he was throwing it out
there to wake everybody up.
���� Sen. Patty Murray (D-WA) calls the
administration�s proposal to hike health care fees and co-pays for military
retirees under age 65 a step backward, which would balance the budget on the
backs of those who have served us. Sen. Barack Obama (D-IL) said he does not think Congress will accept
the idea. He added that Congress has rejected demands for the last three years
to impose a new VA enrollment fee and double prescription drug co-payments for
Priority 7 and 8 veterans, and he doesn�t see the legislators doing an about
face this year.� He cautioned that
funding for veteran and retiree programs will, however, have to compete against
demands by other programs such as Social Security, Medicare and Medicaid. He
said that if the problem is not faced in 2007 it will resurface in 2008.
[Source: Armed Forces News 3 Mar 06]
TRICARE
USER FEE UPDATE 09: The Republican chairman Rep. Duncan Hunter (CA) and
Democrat ranking member Ike Skelton (MO) of the House Armed Services Committee
in a 3 MAR Budget letter said the 2007 defense budget proposed by the Bush
administration is inadequate to support non-deployed programs not directly
involved in the day-to-day operations in the global war on terror. In declaring
that the proposed $491.2 billion defense budget falls short, Hunter and Skelton
do not ask the House Budget Committee for a specific increase.� But they do lay out billions of dollars of
problems that need attention, and conclude by suggesting they are willing to
work out a compromise budget. In a major announcement for military retirees,
Hunter and Skelton said in their letter that they oppose a Bush administration
plan to increase co-pays and enrollment fees for military retirees under the
age of 65 and their families, something Pentagon officials have said is needed
so that personnel costs don�t squeeze weapons programs out of the budget.
Retirees 65 and over are already in effect paying a $936 annual enrollment fee
in the form of Medicare Part B premiums.
���� The budget committee was supposed to start
work 8 MAR writing an overall federal spending plan that would set funding
limits for various government functions.�
Rejecting the proposed enrollment fee and pharmacy co-pays leaves a $735
million hole in the proposed budget. In their letter they said the committee
believes the Bush proposals depend too exclusively on increasing cost shares
and believes that no action should be taken in fiscal year 2007 until a full
review of additional cost control options is completed. DoD
has told Tricare contractors to prepare to begin collecting the larger fees
effective 1 OCT which the letter said is not acceptable without congressional
approval. �Circumventing congressional oversight by quickly implementing
fundamental changes to a highly viable medical benefit is
not keeping the promise to the sailors, soldiers, airmen and Marines that serve
our country�. The 2007 budget requested by the Bush administration is 7% higher
than the 2006 budget, but Hunter and Skelton say increased costs eat up the
money.� Inflation and pay increases
account for $11.4 billion of the increase, fuel prices eat up $3 billion and
initiatives related to base closing and realignment account for $4.1 billion.
���� While Hunter and Skelton seek more money
on behalf of the armed services committee, a separate move is underway by the
62-member Congressional Progressive Caucus to cut the defense budget by $60
billion to provide more money for domestic programs. On 8 MAR, the progressive
caucus is expected to unveil what it is called the �Common Sense Budget Act�
that would take money from the Defense Department and spend it on homeland
security, education, health care, energy development and humanitarian
assistance programs. [Source: NavyTimes Staff Writer Rick Maze article 6 Mar 06
++]
-���� Go to
www.mass.gov/treasury/veteransbonus/forms/welcomehome/BonusApp.pdf to complete
and download the application form.
-���� Provide complete and clear photocopies of
ALL DD214s which have been issued to them from 2001 to present.
-���� Take or mail the application and documents
to the City or Town Clerk or Election Commissioner where the veteran was
domiciled prior to entering the Armed Services to secure Certification of
residence.
For more
information, visit www.mass.gov or contact the Massachusetts Treasurer's office
Veterans Bonus Division at (617) 367-9333 ext 359 or [email protected].� [Source: Miitary.com Military Report 13 Mar
06]
CNGR
COMMISSION: The Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 established an independent Commission on the National Guard and
Reserves which is charged by Congress to conduct a comprehensive examination of
how the Guard and Reserves are used in national defense, including homeland
defense, and to recommend any needed changes in laws and policies governing the
Guard and Reserves. The final report of the Commission, to be submitted to the
House and Senate Armed Services Committees and the Secretary of Defense in
March 2007, will include recommendations covering the Guard and Reserves' roles
and missions, capabilities, organization and structure, training and readiness,
compensation and benefits, career paths, and the funding they receive. During
its formal one-year tenure the Commission will conduct interviews, meetings,
and hearings involving stakeholders in the Guard and Reserves.� This will include members and their families,
employers, military leaders, and state and local government leaders.�
���� The Commission will examine the Guard and
Reserves at a time when their operational tempo has increased significantly
beginning with Operation Desert Shield and Desert Storm and continuing through
Somalia, Bosnia, Kosovo, and Iraq prior to the September 11 attacks on the
U.S., and Afghanistan and Iraq following the attacks. The
VA
APPOINTMENTS UPDATE 01:� The numbers of
war veterans enrolled in the VA medical carte program has continued to grow,
and many feel the strain. According to Secretary of Veterans Affairs R. James
Nicholson, last year, 97% of veterans who requested a primary care appointment
got that appointment within 30 days, and 95% of those who requested an acute
care appointment got it within 30 days. But an inspector general�s audit found
real problems with the way the VA has come up with those numbers.� The audit found that some VA staff, feeling
pressured, actually fudged the numbers, and error rates were as high as 61%. In
������ At least tens of thousands of veterans
with non-critical medical issues could suffer delayed or even denied care in
coming years to enable President Bush to meet his promise of cutting the
deficit in half - if the White House is serious about its proposed budget.
After an increase for next year, the Bush budget would reverse present trends of
increased annual funding.� According to
the
CRSC
UPDATE 34:� Sen.Harry
Reid (D-NV) introduced a new bill (S 2385), the "Combat-Related Special
Compensation (CRSC) Act of 2006," that would correct the inequity in the
current law that excludes military members who are combat-injured and
subsequently medically retired before 20 years of service from receiving both
VA compensation and retired pay. Military retirees who spent at least 20 years
in uniform and who have any combat-incurred disability no longer subjected to
the deduction of VA disability compensation from their earned retired pay.� But a service member who suffers a 100%
disabling combat injury and is forced into medical retirement with 19 years and
11 months of service can still lose his entire retired pay.� An identical bill (HR 1366) already has been
introduced in the House by Rep. Mike Bilirakis (R-FL). Both Senator Reid and
Representative Bilirakis have supported significant gains to concurrent receipt
legislation over the past three years. In a press release the senator said,
"Ending the ban on concurrent receipt remains one of my highest
priorities� I'm proud of the progress we've made so far, but we need to keep
chipping away at the unfair policy in place now. I am committed to that goal
100%." His full press release can be read at
http://reid.senate.gov/record2.cfm?id=252368.
���� Reid will likely try to attach his bill to
a piece of defense-related legislation later this year, and if practice runs
true to form, the Senate will approve his idea. In the past, problems have
surfaced when Reid-sponsored legislation is considered by the House, which
generally has been less generous to disabled retirees. The Pentagon has opposed
most concurrent receipt proposals but President Bush has signed bills repealing
or reducing the retired pay offset, and has trumpeted his role during speeches
before military and veterans groups. That leaves some congressional aides
wondering how fiercely the administration might fight Reid�s newest proposal,
especially because it applies to combat-related injuries. Reid said his new
proposal will take care of soldiers who had hoped to make the military a career
but were discharged prematurely for an injury sustained in combat and forced to
retired medically before attaining 20 years of service. [Source: MOAA Update 10
Mar 06]
SBP DIC
OFFSET UPDATE 07:� Senator Bill Nelson
(D-FL) wrote a letter to the Senate Budget Committee leaders urging the
Committee to include authority in the FY2007 Budget Resolution to end the
deduction of VA survivor benefits from Survivor Benefit Plan (SBP) annuities
when the death is caused by service. The letter sought similar authority to
accelerate implementation of 30-year paid-up SBP coverage. On March 9, the
Budget Committee rejected Sen. Nelson�s proposed amendment by a party-line vote
of 12 to 10. All 10 Democrats voted for the amendment; all 12 Republicans voted
against it.
���� Senator Carl Levin (D-MI), the senior
Democrat on the Armed Services Committee, also sent a letter to the Budget
Committee urging positive action on SBP as well as additional funding for:
-���� Army and Marine Corps strength increases;
-���� An extra .5% in the military pay raise
(from 2.2% to 2.7%);
-���� Full manning of Army National Guard units;
and
-���� Combat-Related Special Compensation
eligibility for members forced into medical retirement before attaining 20
years of service.
At the
time this article was being written, there was no word about Budget Committee
action on these issues. The House Budget Committee, also originally scheduled
to draft its version of the FY 2007 Budget Resolution this week, has delayed
action until later this month. You can find a list of� Senate Committee members at�
http://budget.senate.gov/republican/NewAboutComm.htm (Republicans) and
at http://budget.senate.gov/democratic/democrats.html (Democrats) . Those
affected by this committee�s vote will also have the opportunity to vote for or
against these senators in the upcoming 2006 elections next November. [Source:
MOAA Update 10 Mar 06 ++]
MOBILIZED
RESERVE 8 MAR 06:�� Army National Guard
and Army Reserve on active duty in support of the present partial mobilization is now 99,229.� In
addition the other services have mobilized 5,262 Navy Reserve; 7,578 Air
National Guard and Air Force Reserve; 6,957 Marine Corps Reserve; and 408 Coast
Guard Reserve.� As of 8 March this brings
the total National Guard and Reserve personnel, who have been mobilized to
119,434, including both units and individual augmentees.� This is a decrease of 7,693 from last month�s
8 FEB total mobilization announcement.��
At any given time, services may mobilize some units and individuals
while demobilizing others, making it possible for these figures to either
increase or decrease. A cumulative roster of all Reserve contingent personnel
can be found at www.defenselink.mil/news/Mar2006/d20060308ngr.pdf for those now
mobilized. [Source: DoD News Release No. 198-06 8 MAR
06]
NAVY
UNIFORM CHANGES:� Capping a three-year
study that included surveys of 60,000 officers and enlisted members and
test-wearing of prototype uniforms by hundreds of sailors, Chief of Naval
Operations Adm. Mike Mullen gave the go-ahead 24 FEB for Task Force Uniform
officials to unveil new uniforms that could begin showing up in the fleet as
early as next Fall. These will eliminate seven officer
and enlisted working uniforms. The Marine-style year round service uniform, to
be worn by petty officers and other junior enlisted sailors in offices or
classrooms ashore, will have a short-sleeved khaki shirt, or over-blouse for
women, with black pants or skirt. Gone will be the summer whites and winter
blues.� The new uniforms should be more
comfortable and durable than those they will replace and, unlike the current attire, they will have a distinctive military look. The
service uniform will be a 75/25 polyester-cotton blend.����
���� The battle dress working uniform (BDU) to
be worn by officers and enlisted aboard ship, has a digital print pattern
somewhat similar to camouflage uniforms worn by soldiers and Marines. The new
working uniform will be equal parts nylon and cotton.� Most sailors will sport the blue-gray version
of the BDU, although color schemes will be created for desert and woodland
settings. The new working uniform will be equal parts nylon and cotton. The
blouse will feature a new emblem on the left breast pocket: the ACE, which
stands for the words anchor, Constitution and eagle. The design is similar to
the eagle, globe and anchor, or EGA, worn by the Marine Corps. It will have
breast pockets with silver name tapes for sailors E-6 and below and gold for
chiefs and officers and plus two tactical pockets on the sleeves. The belt will
be a black web belt with a closed-face buckle and the hat will be the
traditional Navy and Marine Corps eight-point cover. The decision has yet to be
made on the authorization to wear ball caps. Under the uniform, sailors will
wear a black cotton T-shirt. In addition, a turtleneck undershirt will be
adopted for optional winter wear. The Navy wants the working uniforms to last
24 months (four times as long as those sailors now wear) and adopted the
digital design in part because it hides stains and wrinkles. The new working
uniform comes with a 21st century repair kit. Swatches of fabric treated with a special adhesive sailors can activate by rubbing in
their hands. A patch placed on a torn shirt will remain in place or several
months.
���� More than 70% of wear-test participants
favored the digital blue uniform to any other option and a like number came
down in favor of the khaki/black service uniform.� Unchanged, for now anyway, are the Navy�s
�dress blues,� with their double-breasted and gold-buttoned jackets for
officers and the venerable crackerjack style for enlisted sailors. No longer
will sailors have any sew-on rank insignia or unit identification marks.
Instead, miniature silver anodized metal rank insignia will be worn on their
collars. Also included will be a new version of the now-optional garrison cap,
on which sailors will wear a larger version of their rank insignia.� The CNO also directed TFU officials to
-���� Develop and implement a PT uniform;
-���� Investigate bringing back dress khaki
jackets for chiefs and officers;
-���� Look into adopting an optional ceremonial
cutlass for chief petty officers; and
-���� Design a new all-weather coat for all ranks.�
[Source:
The Norfolk Virginian-Pilot 3 Mar &� Navy Times 13 issue Feb 06]
THE
MILITARY COALITION:� TMC is a group of 36
military, veterans and uniformed services organizations in joint pursuit of the
following goals:
�
Maintaining a strong national defense provided by recruiting and retaining
skilled and highly capable personnel in the seven uniformed services;
�
Maintaining uniformed services compensation and benefits at levels sufficient
to attract and retain professional uniformed service members for careers of
service to the Nation;
�
Representing the interests of the entire uniformed services community,
including members� families and survivors, and responding to assaults upon the
compensation and benefits earned by members of that community through years of
dedicated service; and
�
Educating the public on the extraordinary demands and sacrifices associated
with a career in uniformed service, and the need to maintain a similarly unique
system of compensation and benefits to attract and retain the kinds and numbers
of high-quality personnel needed to meet the Nation�s short- and long-term
defense requirements.
The
philosophy of The Coalition is that, by working together on issues of mutual
agreement, the participating organizations can harness the grassroots support
of more than 5.5 million members plus their families and accomplish far more
than by working on these initiatives separately. When one or more of the
Coalition organizations is invited to testify before Congress, they frequently
coordinate the testimony with the other Coalition associations and present it
on behalf of the entire Coalition. This lends greater weight and unanimity to
the testimony than if it were presented by any individual association. TMC
legislative priorities for budget year 2007 include:
1)
Battling to block Tricare fee increases
2)
Further expansion of Tricare benefits offered to drilling
Guard and Reserve personnel.
3)
Lowering retirement age for the Reserve Components from 60 to 55.
4)
Easing transition problems associated with rebasing from overseas.
5)
Upgrading �seamless� health care coverage for active duty, National Guard, and
Reserve members shifting to VA medical care.
6)
Ensuring a broad Tricare pharmacy formulary.
7)
Winning authority for pretax payment of health, dental and long-term care
premiums.
8)
Providing full funding for veterans enrolled in the VA health care system.
9)
Eliminating the DIC offset to the military�s Survivor Benefit Plan.
10)
Resuming DIC payments for qualifying widows who remarry after age 55.�
11)
Moving up the effective date (now Oct. 1, 2008) of the 30-year paid-up rule for
SBP premiums.
12)
Allowing full concurrent receipt of military retired pay and VA disability
compensation by disabled retirees.
13)
Allowing concurrent receipt for medical retirees with less than 20 years of
service.
14)
Raising relocation reimbursements to cover members� costs for
government-directed moves.
15)
Reforming the government travel credit card program to reduce risk-shifting to
members.
[Source:
Air Force Magazine Mar 06 & www.themilitarycoalition.org]
VA CLAIM
DECISION REPRESENTATION:� Congressman
Lane Evans of Illinois, ranking Democrat on the House Veterans� Affairs
Committee and Congresswoman Shelley Berkley of Nevada, ranking Democratic
Member on the Committee�s Subcommittee on Disability Assistance and Memorial
Affairs, introduced a bill (H.R.4914) that would permit veterans to hire an
attorney when they disagree with a benefits claims decision of the Department
of Veterans Affairs (VA). Currently, veterans are not allowed to hire an
attorney until the end of the administrative appeals process, specifically,
after the Board of Veterans Appeals has rendered a decision. Evans noted that
many fine veterans service organizations have traditionally provided full
representation to veterans and their families without cost and it is expected
that these organizations would continue to represent most claimants.� Nonetheless, he and Rep. Berkley believe that
in this day and age, veterans should not be prohibited from hiring an attorney
if they choose to do so.
���� The restriction on attorney representation
dates from the Civil War era when concern for attorneys preying on sick and
disabled veterans resulted in legislation which limited the fee attorneys could
charge to $10.00. Although the $10.00 limit no longer applies, veterans are
currently prohibited from hiring an attorney to appeal an initial VA
decision.� The Veterans� Choice of
Representation Act responds to a 22 JAN 06, Washington Post article which
questioned if American soldiers are mature and responsible enough to choose to
risk their lives for their country, shouldn�t they be considered competent to
hire a lawyer? [Source: House Veterans Affairs Committee news release 9 Mar 06
http://veterans.house.gov]
VETERANS�
PREFERENCE UPDATE 02:�� Veterans of the
Armed Forces have traditional been given some degree of preference in
appointments to Federal jobs since the Civil War. These preferences are noted
in various public laws which have been enacted by congress.� There are two new sections dealing with
Veterans Preference which were signed into law in JAN 06. Section 1111 grants
Veterans Preference for veterans who have served on active duty for� a period of more
than 180 consecutive days during the period starting on 911 and ending at the
close of Operation Iraqi Freedom. This applies wherever the person served in
the world. It also applies not just for those seeking employment but also those
Federal employees who may be affected by a
CORONARY
HEART DISEASE MANAGEMENT:� The National
Heart, Lung, and Blood Institute has issued a 72-page
step-by-step guide to helping people with heart disease make decisions that
will protect and improve their lives. Called Your Guide to Living Well with
Heart Disease, it covers testing, controlling risk factors, recognizing
heart-attack signs, and current treatments. Single copies cost $4, but the
entire booklet can be read online or downloaded free of charge at
http://www.chsourcebook.com/docs/living_well.pdf� [Source: Consumer Health Digest 7 Mar
06]
OBTAINING
CREDIT REPORTS: An amendment to the federal Fair Credit Reporting Act (FCRA)
requires each of the nationwide consumer reporting companies to provide you
with a free copy of your credit report, at your request, once every 12 months.
The FCRA promotes the accuracy and privacy of information in the files of the
nation�s consumer reporting companies. The Federal Trade Commission (FTC), the
nation�s consumer protection agency, enforces the FCRA with respect to consumer
reporting companies. A credit report contains information on where you live,
how you pay your bills, and whether you�ve been sued, arrested, or filed for
bankruptcy. Nationwide consumer reporting companies sell the information in
your report to creditors, insurers, employers, and other businesses that use it
to evaluate your applications for credit, insurance, employment, or renting a
home. There are three nationwide consumer reporting companies � Equifax,
Experian, and Trans Union.
���� To comply with the FCRA and the Fair and
Accurate Credit Transactions (FACT) Act, these companies have set up one
central website, toll-free telephone number, and mailing address through which
you can order your free annual report. To order, click on
www.annualcreditreport.com, call 1(877) 322-8228, or complete the Annual Credit
Report Request Form and mail it to: Annual Credit Report Request Service,
���� To obtain the report you need to provide
your name, address, Social Security number, and date of birth. If you have
moved in the last two years, you may have to provide your previous address. To
maintain the security of your file, each nationwide consumer reporting company
may ask you for some information that only you would know, like the amount of
your monthly mortgage payment. Each company may ask you for different information
because the information each has in your file may come from different sources.
The website www.annualcreditreport.com is the only authorized source for your
free annual credit report from the three nationwide consumer reporting
companies.� You should never an email
asking for your personal information. If you get an email or see a pop-up ad
claiming it�s from www.annualcreditreport.com or any of the three nationwide
consumer reporting companies, do not reply or click on any link in the message
because it is probably a scam. Forward any email that claims to be from
www.annualcreditreport.com or any of three consumer reporting companies to the
FTC�s database of deceptive spam at [email protected].�
���� Staggering your requests during a 12-month
period is a good way to keep an eye on the accuracy and
completeness of the information in your reports. It is advisable to
review your credit report because:
����� The information it contains affects whether
you can get a loan and how much you will have to pay to borrow money.
����� You need to make sure the information is
accurate, complete, and up-to-date before you apply for a loan for a major
purchase like a house or car, buy insurance, or apply
����� for a job.
����� It will help guard against identity theft.
Identity thieves may the personal information
(i.e.� your
name, your Social Security number, or your credit card number) they have
obtained to open a new credit card account in your name. Then, when
they don�t pay
the bills, the delinquent account is reported on your credit report.
Inaccurate
information like that could affect your ability to get credit,
insurance, or even a job.
���� To obtain a second report within the 12
month period you may be charged up to $9.00 unless one of the
following apply:�
1)�� If a company takes adverse action against
you, such as denying your application for credit, insurance, or employment, and
you ask for your report within 60 days of receiving notice of the action. The
notice you will be sent with the denial will give you the name, address, and
phone number of the consumer reporting company.
2)�� If you�re unemployed and plan to look for a
job within 60 days.
3)�� If you�re on welfare.
4)�� If your report is inaccurate because of
fraud, including identity theft.
[Source:
http://treas.gov/offices/domestic-finance/financial-institution/cip/identity-theft.shtml� Mar 06]
TAX
REFUND SCAM:� A new tax refund phishing scam is making the rounds on the Internet. The
scam works like this:
������� 1)�
An e-mail message supposedly from the Internal Revenue Service, opens with: �You filed your tax return and you�re
expecting a refund. You have just one question and you want the answer now -
Where�s My Refund?�
������� 2)�
A link is supposed to direct you to a �secure� Web site which will look
like the IRS site.� If you hover your cursor over the link, you might see that the
address being linked to is not the real IRS site at www.irs.gov.
3)�� If you click on the link, you will be asked
for your name, Social Security number and credit card information.
4)�� After a generic refund amount flashes on the
screen, you will be asked for enough information that, if you provide it, will
completely steal your identity.
[Source:
Armed Forces News 3 Mar 06]
TFL
TRUST FUND:� The Military Officers
Association of America (MOAA) charges that the Defense Department�s complaint
about rising health care costs ignores a nearly $9 billion annual deposit that
is supposed to go to the Tricare for Life trust fund. Two years ago, when DoD
officials said they were required to fund Tricare for Life at the expense of
other DoD programs, a provision in the fiscal 2005 Defense Authorization Act
changed the law to shift the trust fund to the Treasury budget. But the Office
of Management and Budget, along with budget committees, has continued to charge
the deposit against the defense budget.�
The MOAA contends that if the provision in the 2005 authorization act
was complied with, the Joint Chiefs of Staff would not be required to choose
between retiree medical care and weapons funding.� [Source: Armed Forces News 3 Mar 06]
MEDICARE
PART D UPDATE 05:� The launch of the new
Medicare Part D drug program in early January came as a shock to millions of
the nation's sickest and poorest seniors and disabled.� Hundreds of thousands had to pay far more
than anticipated for their prescriptions or leave their pharmacies
empty-handed.� The bulk of the problems
affected some six million "dual eligibles," Medicare beneficiaries
whose incomes are so low that they also qualify for Medicaid.� By law, states must pay the federal
government to provide the new drug benefit for their former Medicaid
recipients. Most of the dual eligible beneficiaries didn't choose their drug
plans.� Instead under federal law, they
were assigned at random to new Medicare Part D drug plans, effective 1 JAN
06.�
According
to media accounts, as many as 20% of the low-income Medicare beneficiaries were
still going without their prescriptions after more than two weeks.� Tens of thousands were assigned to plans
inappropriate for their needs. Since the federal government doesn't require
drug plans to cover every drug many learned that all their prescriptions were
not covered in their drug plan.� Rules
allow beneficiaries to switch plans if this happens but that may take several
months.� Numerous other factors also
contributed to the chaos.
-���� Many people did not bring or had not
received their drug plan I.D. card or proof of coverage.�
-���� Medicare's and drug insurers' call centers
were overwhelmed. �
-���� Pharmacists found that the Medicare
database was riddled with errors concerning eligibility and co-payments.� Medicare officials admitted to a
pharmaceutical error rate as high as 90% in the first couple of days of the
program.
In DEC
05 the government announced contingency plans to ensure that dual eligibles
would not lose coverage. It promised that seniors would leave the pharmacy with
their prescription in hand, even if there was not immediate evidence of what
plan they were in. But the contingency plans failed and many did. Under the
rules, every drug insurer must provide a temporary supply, typically 30 days,
of any prescription that a person was previously taking.� However, The New York Times reported that
during the first week of the program customer service representatives at
Medicare's toll free number said they knew nothing
about the requirement and beneficiaries said it was virtually impossible to
take advantage of it. More than 24 states and
AID
& ATTENDANCE UPDATE 01:� A new survey
shows more veterans were denied federal health care benefits in
���� Aid and Attendance could especially assist
veterans now, as the VA has clamped down on new health care enrollments for
those with no service-connected disabilities. In 2003, the department created
what is called �Priority 8,� a classification that barred access to VA clinics,
hospitals, physicians and medications for people over certain income
limits.� Veterans who qualify for Aid and
Attendance automatically get full VA health care and prescription benefits as
well. Because the program�s eligibility formula does not count unreimbursed medical expenses against a veteran�s income,
someone who made enough money to be denied health care under Priority 8 might
get it under Aid and Attendance if his or her medical costs were high
enough.� A doctor also must certify that
a veteran or spouse has conditions requiring the �aid and attendance� of
another person or care center in order to live safely. About half of those
receiving the benefit live in nursing homes, with the rest in assisted living
centers or receiving home care.
���� While veterans and their families still
may not know about Aid and Attendance, private enterprise has picked up on the
program. VA officials have heard about companies that for a fee, help care
centers or the veterans themselves apply.�
Veteran�s service officers in each state will do the same thing for
free. Private companies, however, sometimes will front money to a care facility
until the VA approves the benefit, something county governments can�t do.
Lt.
James "EMO" Tichacek, USN (Ret)
Director,
Retiree Assistance Office, U.S. Embassy Warden & VITA
PSC 517 Box RCB, FPO AP 96517
Tel:
(760) 839-9003 or FAX 1(801) 760-2430; When in RP: (74) 442-7135 or FAX 1(801)
760-2430
Email:
[email protected].� When in
Web:
http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/CORMV/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37
member
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