Department Service Officer Newsletter
Volume 3,
Issue 1
April
2007
Department Service Office Business
Hours:
The Department Service Office will be open each Monday through Friday
from 8:00 AM until 4:00 PM. Appointments
are not necessary for visits. You may contact the Department Service Office by
calling (603) 222-5784, faxing (603) 222-5787; or by using the following e-mail
address:
§
The Department Service
Officer provides the following services to veterans:
Ensures direct and personalized services to veterans, and their family members,
without regard to membership status, are provided for and they are
administratively represented before the Department of Veteran Affairs.
Claims
representation:
assist veterans, surviving spouses, and children in filing for the following VA
benefits:
This includes filing appeals,
perfecting appeals, participate in Hearings, and write final appellate brief
for the Board of Veteran Appeals (BVA).
*Discharge
upgrades and Correction of Military Records are handled by the American Legion’s,
Washington DC’s VA & R’s office. Please contact me for an Upgrade and
Correction package.
§
Tricare User Fees: The Pentagon’s top health official reiterated
30 JAN the need to increase Tricare fees because across-the-board cuts have not
been enough to decrease the Defense Department’s health care costs. Dr. William
Winkenwerder Jr., assistant defense secretary for health affairs, said there is
no way to cut operating enough to prevent higher fees. “That is a false hope,”
he said. “It is not possible.” During a roundtable at the annual Military
Health System Conference in Washington, Winkenwerder said the health care
budget was at $18 billion in 2000. In 2007, he expects it to grow to about $40
billion. “We don’t see an end to that, in the absence of some appropriate
adjustments and changes. We haven’t made any change in the benefits structure
in 13 years. The rate of growth, especially with new benefits and the expansion
of Tricare for older military retirees and reservists, is twice the rate of
inflation and higher than private-sector growth.” He reiterated a list of all
the things the Defense Department has done to cut costs: changes to the
prescription-drug formulary that saved $5 million in two years, changes in the
payment process for care that saved $1 billion, and the conversion of military
positions to civilian positions to save several hundreds of thousands of
dollars. In spite of this he noted doing
all of these things still does not get DoD anywhere near the amount of savings
needed to have a lower-cost growth.
Congress rejected last fall a 2006 proposal to save $11 billion through
increased fees for retirees younger than 65 or increasing what they spend
out-of-pocket for doctor visits met with strong opposition. The Defense
Department had planned to save $735 million this year by increasing Tricare
fees. The House defense appropriations subcommittee demanded that Winkenwerder
solve the problem by asking the White House to present a request for more
money. [Source: NavyTimes Kelly Kennedy
articles 30 Jan 07 ++]
The defense budget the Administration
submitted to Congress on 5 FEB significantly upped the ante in the Pentagon's
campaign to raise Tricare fees. It
assumes even bigger fee hikes for FY2008 than last year's budget submission
assumed for FY2007. Last year's budget proposed tripling Tricare Prime and
Tricare Standard fees for retired officers and their family members and
survivors over a two-year period, and more than doubling them for most enlisted
retirees. It also would have increased retail pharmacy fees for all Tricare
beneficiaries of all ages by almost 70%.
The Administration projected that those fee hikes would save the
Pentagon $735 million in FY2007 and $1.86 billion in FY2008, and cut last
year's defense health budget by $735 million on the assumption that Congress
would accept them. Fortunately, Congress
did not and barred the Pentagon from increasing fees in FY2007, pending review
of alternative options.
This year, the Pentagon hasn't published
any specific fee increase plan, indicating they are awaiting the results of a
DoD-appointed Task Force on the Future of Military Health Care, which is
supposed to provide interim recommendations on cost-sharing and pharmacy
co-pays in May. But that's disingenuous, because the budget submitted to
Congress this week assumes $1.8 billion in savings from Tricare fee increases. That's almost three times the savings assumed
in the FY2007 budget -- and happens to be precisely the amount of savings
associated with the second year of last year's fee hike plan. So the budget puts enormous pressure on the
Task Force (all of whose members were appointed by the Secretary of Defense and
half of whom work for the Secretary) to propose at least the same fee hikes the
Pentagon pushed last year - and assumes that Congress will implement them all
immediately, without any two-year phase-in. In essence, the Administration has
under funded the defense health budget by presuming the task force's outcome,
and has challenged Congress to either change the law to implement fee increases
high enough to save $1.8 billion or to find another $1.8 billion from another
source to make up for the under-funding.
The Military Officers Association of
America thinks it's wrong to play this kind of budget "chicken" with
the defense health program - especially in time of war. They believe strongly
that Congress should establish clear guidelines in law about the unique role of
military retirement benefits, including health care, as the primary offset for
the extraordinary demands and sacrifices inherent in a military career. They must recognize that military members and
families who serve two or three decades under those conditions are making a
substantial, in-kind pre-payment for those benefits. The cash deductibles, enrollment fees and
co-pays that they pay in retirement are only a small portion of their very
large personal contributions toward their benefits. To help make this case,
MOAA is asking their members and all others in the military community member to
do the following as applicable:
Sign, stamp and mail the four tear-out
letters in their February issue of Military Officer magazine (two at page 32
addressed to the House and Senate Armed Services Committee Chairmen and two at
page 52 addressed to the Committees' senior Republican). Similar tear-out letters last year helped
turn the tide in Congress when Committee leaders stacked them on a witness
table at a TRICARE hearing. Even more
participation is needed this year, now that Congress is facing a far greater
budget challenge.
Use MOAA's Web site to urge your U.S.
representative to cosponsor Rep. Chet Edwards' (D-TX) and Rep. Walter Jones'
(R-NC) Military Retirees Health Care Protection Act (H.R. 579).
Pass the word about the proposed increases
to all of your TRICARE-eligible friends and urge them to send the message
available at http://capwiz.com/moaa/issues/bills/?bill=9275676
[Source: MOAA Leg Up 9 Feb 07 ++]
§
TRICARE Dental
Program Update:
The TRICARE Dental Program (TDP) is a voluntary dental care plan for eligible
active duty family members, National Guard and Reserve members and their
families. Eligibility is based on the sponsor’s information in the Defense
Enrollment Eligibility Reporting System (DEERS). If you are an active duty
servicemember or a National Guard or Reserve member with active duty orders for
more than 30 consecutive days, you are not eligible for the TDP. You must
receive dental care through the active duty military dental care system. For
more information about dental benefits for National Guard and Reserve members
and their families, visit www.tricare.osd.mil/reserve/dental.cfm.
For more information on the TDP, visit http://www.TRICAREdentalprogram.com
or call United Concordia’s 24-hour line at 1-800-866-8499.
To learn more about TRICARE, visit http://www.military.com/benefits/tricare.
§
VA DATA BREACH: The Department of Veterans Affairs (VA)
announced 2 FEB that an employee reported a government-owned, portable hard
drive used by the employee at a Department facility in Birmingham AL and
potentially containing personal information on about 48,000 veterans is missing
and may have been stolen. The hard drive
also contained highly sensitive information on nearly all U.S. physicians and
medical data for about 535,000 VA patients.
The data for the 1.3 million physicians who have billed Medicaid and
Medicare, both living and deceased, could result in widespread fraud, such as
the creation of fake Medicare and Medicaid invoices. According to congressional sources, the
personal information on patients and the medical data were kept in separate
files, but there is enough information that files could be linked. A VA research assistant was using the
physician data to analyze VA health care providers and compare them to non-VA
providers, according to a statement from the department. The research assistant
used the hard drive to back up information contained on an office computer, and
the data is not believed to have been encrypted. The employee has been placed on
administrative leave pending the outcome of a criminal investigation, which is
being conducted by the VA’s inspector general and the FBI. A spokesman for the
Centers for Medicare and Medicaid Services said the agency is aware of the
situation and is working with the VA to get more information.
The VA announcement said there is no
information that the data has been misused. VA spokesman Matt Burns said
initial reports show encryption policies were not strictly followed. The
incident marks the third major breach at the VA in less than a year. In MAY 06, the theft of computer equipment
containing sensitive information from an employee's home put 26.5 million
people at risk for identity theft. Four months later, another breach put at
risk the personal data of up to 38,000 people. In both instances, the data was
recovered and officials determined it was probably not touched. Following are actions taken to date or
contemplated on this incident:
On January 22, the employee at the
Birmingham VA Medical Center reported that an external hard drive was
missing. The hard drive was used to back
up information contained on the employee’s office computer, and may have
contained data from research projects the employee was involved in. The employee also indicated the hard drive
may have contained personal identifying information on some veterans, but
asserts that portions of the data were protected. Investigators are still working to determine
the scope of the information potentially involved.
On January 23, VA’s IG was notified the
external hard drive was missing. The OIG
opened a criminal investigation, sent special agents to the medical center, and
notified the FBI. VA’s Office of Information
& Technology in Washington, D.C. also dispatched an incident response team
to investigate.
The OIG has seized the employee’s work
computer and is in the process of analyzing its contents. VA IT staff is providing technical support in
this effort. Analyzing the work computer
may help investigators determine the nature of the information the hard drive
potentially contained.
Pending results of the investigation, VA is
prepared to send individual notifications and provide one year of free credit
monitoring to those whose information proves compromised.
In addition to the ongoing criminal
investigation, the OIG has initiated an administrative investigation to
determine how such an incident could occur.
VA will provide further updates as the investigation produces additional
information.
Secretary of Veterans Affairs Jim
Nicholson, said, “I am concerned about this report. VA’s Office of Inspector
General and the FBI are conducting a thorough investigation into this
incident. VA’s Office of Information and
Technology is conducting a separate review.
We intend to get to the bottom of this, and we will take aggressive
steps to protect and assist anyone whose information may have been involved. VA
is unwavering in our resolve to be the leader in protecting personal
information, and training and educating our employees in best practices in
cyber and information security. We have made considerable progress, but
establishing a culture that always puts the safekeeping of veterans’ personal
information first is no easy task. I
have committed VA to achieving such reform – and we will. This unfortunate incident will not deter our
efforts, but it underscores the complexity of the task we have undertaken.”
Veterans who have lost faith in our government’s ability to protect their
personal data are advised to seek personal protection against identity theft
through companies like LifeLock www.lifelock.com
which will reimburse any losses incurred.
[Source: VA News Release 2 Feb & GOVEXEC.com 12 Feb 07 ++]
§
VA CLAIM PROCESSING GOALS: Admiral Daniel Cooper,
VA Undersecretary for Benefits and head of the Veterans Benefits Administration
(VBA), has directed that all claims for benefits from veterans who have served
in Operation Iraqi Freedom or Operation Enduring Freedom (OIF/OEF) will be
given a higher processing priority. In a memo sent to all VA Regional Offices
Cooper said, “Effective immediately, the processing of claims received from all
OEF/OIF veterans will be a priority for VBA. This effort will supplement our previous
initiative of providing case management for all seriously injured OIF/OEF
veterans. While not every OIF/OEF claim
will be case managed, these claims will be given first priority by VBA
employees. These young men and women
have recently returned from the combat zone and it is vital that we enter them
into the VA system as soon as possible.” Secretary Cooper’s efforts to ensure
our returning troops are given this priority are commendable. Now if only he can find enough employees to
help shrink the ever growing claims backlog of the remaining vets. [Source: NAUS Weekly Update 9 Feb 07 ++]
§
VA FACILITY EXPANSION: The Department of Veterans Affairs’ vet
center program, which provides readjustment counseling and outreach services to
combat veterans, is expanding into 23 new communities across the nation in the
next two years, the Department announced.
These facilities are an important resource for veterans returning from
the Global War on Terror and their families. New vet centers will be located in
Montgomery, AL; Fayetteville, AR; Modesto, CA; Grand Junction, CO; Orlando,
Fort Myers, and Gainesville FL; Macon, GA; Manhattan, Kan.; Baton Rouge, LA;
Cape Cod MA; Saginaw and Iron Mountain MI; Berlin NH; Las Cruces NM;
Binghamton, Middletown, Nassau County and Watertown NY; Toledo OH; Du Bois PA.;
Killeen TX; and Everett WA. During 2007, VA plans to open the new facilities in
Grand Junction, Orlando, Cape Cod, Iron Mountain, Berlin and Watertown. The other new vet centers are scheduled to
open in 2008.
All vet
centers are community-based. They
provide counseling on mental health and employment, plus services on family
issues, education, bereavement and outreach, to combat veterans and their
families. They are staffed by small
teams of counselors, outreach specialists and other specialists, many of these
individuals are combat veterans themselves. Congress established the vet center
program in 1979 in recognition that a significant number of Vietnam veterans
were still experiencing readjustment problems.
Today, all veterans who served in combat are eligible for care at a VA
vet center at no cost, as are their families for military-related issues. Also eligible are veterans who were sexually
assaulted while on active duty and the families of service members who die on
active duty. Currently, VA maintains 209 vet centers in all 50 states, the
District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands. [Source:
NAUS Weekly Update 9 Feb 07 ++]
§
VA PRESCRIPTION POLICY: Ever wonder why so many
VA prescribed medications call for splitting pills to meet dosage
requirements. One reason could be that
United States Code; 38 USC 1722a. Paragraph (a)(1) subject to paragraph (2),
states the Secretary shall require a veteran to pay the United States $8.00 for
each 30 day supply of medicine. If the amount supplied is less than a 30 day
supply the amount of the charge may not be reduced. Paragraph (2) states The Secretary may not
require a veteran to pay an amount in excess of the cost to the Secretary for
medication as described in paragraph (1). VA’s interpretation of this law
allows the splitting of pills into smaller dosages and charging the $8.00
co-pay for 15 vice 30 pills which can be split to provide a 30 day supply. Thus, by purchasing pills in larger dosages
at a lower cost and splitting those to fill prescriptions VA can further reduce
their overall cost of purchasing medications by doubling the return on each
pill purchased. In other words if VA
purchases 900 pills at $1 each and dispenses them as whole pills in 30 day
dosage increments VA will collect $240 in co-pays making their net cost for the
pills $660. However, if they dispense the same pills in half pill dosages in 30
day increments they will collect $480 in co-pays making their net cost for the
pills $420.
If the Bush budget proposal to raise VA
co-pay from $8 to $15 is approved, VA’s net cost for the aforementioned
medication would be $450 for whole pills and zero for split pills. However, since the Secretary may not require
a veteran to pay an amount in excess of the cost to the Secretary for
medication VA should then be required to reduce the $15 co-pay to equal their
purchase cost if the purchase cost does not exceed $15 to comply with the law
as it is now written. This same logic
applies to dispensing pills in daily vice monthly increments. Since 50% of months have 31 days the charge
for a monthly supply during those months would be$16.00 vice $8.00. Retirees
using the TRICARE Mail-Order Pharmacy (TMOP) managed presently by Express
Scripps should ensure their physicians use 30 day increments vice monthly
increments in their prescriptions. If
they do not, their Tricare co-pay will double to $6, $18, or $44 for 31 day
months. [Source: Various Feb 07 ++]
§
GI BILL INEQUITIES: The American Legion Economic Division has
uncovered am injustice with Financial Aid packages available to recently
discharged veterans. The “Means Test’,
or simply a test to assess the income and other education financial aid
packages is unfair to veterans. Veterans
education benefits are not used in EFC (Expected Family Contribution)
calculation, however the prior years income is used to determine other
eligibilities. This means that members
who choose to enroll in school the year following their discharge must count
their last year of active duty as their income.
Reservists and National Guard members who are called up on average of 16
months must use this formula even if they were enrolled in college prior to
their mobilizations. The average total
tuition, fee, room, and board charges for in-state students at public
institutions are $12,796, $3121 more than the $9675 granted annually for the
full time MGIB-AD. The dollar amount of
the MGIB-AD entitlement should be indexed to the average cost of college
education including tuition, fees, textbooks and other supplies for a commuter
student at an accredited university, college or trade school for which they
qualify and that the educational cost index should be reviewed and adjusted
annually. [Source: AL Weekly Update 9
Feb 07 ++]
§
MEDICARE PART B TAX CREDIT: On 9 Jan 07 Rep. JoAnn
Emerson (R-MO-08) reintroduced H.R.0343, the Military Retiree Health Care
Relief Act of 2007. Without much ado, HR 343 would restore “the promise” of
free life time health care for all military retirees which were taken away in
1956. This bill amends the Internal Revenue Code to allow a refundable tax
credit equal to the aggregate Medicare Part B premiums paid under section 1840
of the Social Security Act by the taxpayer during the taxable year for
enrollment of that eligible individual under part B of title XVIII of such Act.
The term “eligible individual” means military retirees, their spouses, and/or
widows. This legislation is intended for
all military retirees when they become Medicare eligible at age 65. While the
premiums are effectively not paid by the beneficiary, the Social Security Trust
Fund is not at risk because the General Fund would make up the difference. The previous bill died in committee for lack
of cosponsors. To date this new bill has
no cosponsors. To support it and/or contact your Representative with a
preformatted message refer to
http://capwiz.com/usdr/index_frame.dbq?url=http://capwiz.com/usdr/issues/alert/?alertid=9329391&queueid=[capwiz:queue_id]. [Source: USDR Action Alert 3 Feb 07 ++]
§
INCOME TAX (STATE): DFAS-Cleveland does not withhold states taxes
unless asked to do so by the retiree.
Amounts withheld are not as with Federal Tax (based on marital status
and exemptions), but by the dollar amount specified by retiree. To have state income
tax withheld from retired pay, contact DFAS-CL in writing or visit local
Retirement Services Office to complete a form.
Following is a listing of how states deal with the military community in
accessing their income tax. These are merely guidelines, individual states
should be contacted to determine if information is still accurate:
States with no income tax: Alaska, Florida (Imposes an intangible
personal property tax), New Hampshire & Nevada (Imposes tax on certain
capital gains, dividend and interest income.), South Dakota, Tennessee (Imposes
tax on certain dividend and interest income), Texas, Washington, and Wyoming.
States Which Exempt All Military Disability
Retired Pay: Arkansas, Arizona, California,
Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho,
Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Mississippi,
Missouri, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Ohio,
Oklahoma, Oregon, Puerto Rico, Rhode Island, Vermont, Virginia, West
Virginia, and Wisconsin.
States Which Exempt All Military
Retired Pay: Alabama, Hawaii, Illinois, Kansas, Kentucky, Louisiana, Michigan
(Does not exempt USPHS or NOAA retired pay), New Hampshire, New York,
Pennsylvania, and Wisconsin (Full
exemption for those in Armed Forces as of 31 DEC 63, or those who retire as of
31 DEC 63).
[Source:
Ft. Gordon Retiree Newsletter Jan 07 ++]
§
RESERVE GI BILL: Some citizen soldiers
returning to college from duty in the war are being misinformed about their
eligibility for continued GI Bills payments after they stop drilling with the
Guard or Reserve. In 2005, the government enacted new GI Bill benefits (known
as 1607 or “REAP”), which makes Guard and Reserve troops who return from the
war eligible for education payments similar to active duty troops. “The problem
starts when war veterans return to their Reserve or Guard unit and their unit
leadership tells them if they stop drilling, then they automatically lose their
education benefits,” said Jack Mordente, president of the National Association
of Veterans Program Administrators (NAVPA). Mordente, director of veteran’s
affairs at Southern Connecticut State University in New Haven, has assisted
veterans with education benefits for 31 years. In May 06, Mordente found
returning troops were getting the wrong information. Colleagues from other
colleges around the country are reporting similar situations. Through discussions with ranking personnel at
the Department Of Veterans Affairs, Mordente confirmed that 1607 recipients could
revert back to the original Reserve GI Bill – known as 1606 or MGIB-SR - upon
discharge from paid drill status. They can then use their remaining entitlement
for the number of months they were activated plus four more months.
Furthermore, multiple periods of activation can be added together. “State and
unit-level military leaders and school veterans’ counselors don’t know the
facts because the VA and the Department of Defense have not made the legal
rights of these war veterans widely known,” Mordente said. Recently, as a
result of Mordente’s discovery, the VA changed their website to reflect the
correct information.
The DoD, however, disagrees with the VA’s
interpretation of the law. Select Reserve members are told they lose their GI
Bill if they leave paid drill status. Yet, if they file a claim with the VA
they will be paid? “What’s wrong with this picture”? “How does the DoD get away
with ignoring a law they signed?” Mordente said. The government owes Guard and Reservists
access to accurate information to help them make decisions – especially when
pursuing a costly higher education program. How many veterans are affected?
It’s unknown exactly, but the DOD can determine who are eligible. The VA can
then notify those who continued in school and pay them retroactively. (When
veterans’ personal information was compromised from a stolen computer, the VA
spent more than $17 million to send out mass mailings to inform veterans). What about those who didn’t go to school
because they were misinformed? How can they be compensated? NAVPA is seeking
legislation to extend the provision of the law and direct the DOD and VA to
coordinate a major endeavor to contact eligible veterans and afford them the
opportunity to use the benefits they earned. Meanwhile, veterans have been
waiting up to four months to receive their GI Bill payments. “With the implementation of 1607 and the
beginning of the school year, the VA has not been able to keep up with demand”,
Mordente said. “I have veterans who have to live on credit cards while they
wait for their checks. Who will pay the interest?” For more information or to
schedule interviews with veterans, contact (203)484-2343;
relations.press@gmail.com. For more
information on the REAP program refer to RAO Bulletin Update 15 Jan 05.
[Source: NAVPA Press Release 29 Jan 07
++]
§
CRDP UPDATE: The Senate majority leader on 31 JAN said
that he would continue his seven-year push to eradicate the government’s policy
of reducing military retired pay for retirees who also receive veterans’
disability compensation. Sen. Harry Reid
of Nevada, who became majority leader in January when Democrats took control of
the Senate, said that while he may be busy working on hundreds of other issues
in his new role, concurrent receipt of disability and retired pay “remains one
of my highest priorities. I am committed to a goal so that 100% of disabled
veterans get what they deserve. I’ll continue fighting until we succeed. We
need to continue to chip away at this policy.”
In reintroducing his bill, the Retired Pay Restoration Act (S.439), Reid
said it would end once and for all the dollar-for-dollar offset in retired pay
required for veterans also receiving disability compensation.
Reid’s sponsorship of legislation to end
the ban on so-called concurrent receipt of full retirement and disability pay
has kept the issue alive, as year after year the Senate has adopted
Reid-sponsored amendments to the annual defense authorization bill. What had
once been a complete prohibition on receiving both payments in full has slowly
eroded to the point that the offset has been reduced or eliminated for
thousands of veterans, including those who served 20 years in the military who
have combat-related disabilities, and those with 20 years of service whose
disabilities are rated at 50% or more.
Reid specifically mentioned that he will
fight this year to provide full concurrent receipt for veterans whose inability
to work is a factor in their disability rating. By law, disabled veterans who
are unemployable can be considered fully disabled even though their actual
disability ratings may be as low as 70%. Although these “individual
unemployability” veterans receive VA disability pay at the 100-percent-disabled
rate, the extra pay does not count for the purposes of concurrent receipt and
is still offset from their retirement pay.
Reid said some progress has been made,
calling the past seven years “good but not really good” for disabled retirees.
The offset in retired pay, a legacy of a law passed in the late 19th century,
is still mostly in effect.
Reid
said that when he first learned about the law on military retirement and
veterans’ disability pay from an aide, he thought the aide did not know what he
was taking about. But he did. In many cases, this ban takes away a veteran’s
full retirement pay, wiping away benefits he or she earned in 20 or more years
of service, and it’s wrong. Few disabled retirees “can afford to live on their
retirement pay alone. They are often denied any post-service working life. They
receive disability compensation to pay for the pain and lost future earnings
caused by a service-connected injury.” He called the offset in retirement pay a
“special tax on the very men and women who keep us safe.” [Source: NavyTimes Rick Maze articles 31 Jan
07 ++]
§
New Claim Form Makes it
Easier to Apply for CRSC:
Combat-Related Special Compensation (CRSC) provides dual compensation
for eligible military retirees with combat-related injuries. This benefit
provides a monthly tax-free compensation for certain military retirees that
supplements VA disability payments and military retired payments. DoD has made several improvements to the CRSC
claim form. The new form makes it easier than ever to apply for this
compensation. The form can be found at http://www.crsc.army.mil
or by calling the CRSC Service Center at 1-866-281-3254. To learn more, read
the full article at Military.com. http://www.military.com/features/0,15240,124464,00.html
To learn more about CRSC, visit the
Military.com Benefits Channel.
http://www.military.com/benefits/military-pay/special-pay/combat-related-special-compensation
§
GOVERNMENT OVERPAYMENTS: IT
doesn’t matter whose fault the error is, you’re responsible for reporting it
and can be held liable for any money overpaid for pay, allotment, compensation,
pension, etc. Members of the military community who suspect they are drawing
too much in pay or allowances because of a clerical error or computer glitch
should alert pay officials rather than ignore the situation. When the
government finds the error as it almost certainly will it will want that extra
money back. Waivers of overpayments are granted on occasion. However, more often, recipients are found
responsible for reporting pay errors and thus liable for any money
overpaid. If you want to review
repayment policies refer to the Defense Office of Hearings and Appeals (DOHA)
web site www.dod.mil/dodgc/doha/
and read decisions on claims brought by fellow service members or retirees to
the DOHA’s Claims Appeals Board. Cases are interesting because they often
involve thousands of dollars. They are instructive too because recipients
routinely are advised that they should have caught the overpayments even though
the error originated elsewhere. The claims division of the DOHA handles
disputes regarding pay allowances, travel, transportation, unused accrued
leave, retired pay, and survivor benefits. It also settles disputes between
transportation carriers and uniformed service members concerning transit loss
or damage on military moves. Claims actions usually uphold long-standing
military pay principles applied to individual circumstance. Claims board
decisions published on the DOHA Web site withhold the names of claimants to
protect their privacy. [Source: Online
Tom Philpott articles 7 Jan 07 ++]
§
VA HEADSTONES & MARKERS: The VA furnishes upon
request, at no charge to the applicant, a Government headstone or marker for
the grave of any deceased eligible veteran in any cemetery around the world.
For all deaths occurring before 11 SEP 2001, the VA may provide a headstone or
marker only for graves that are not marked with a private headstone. For deaths
after that date a headstone or marker will be provided regardless of whether
the grave is already marked with a non-government marker. Headstones and
markers are provided for eligible spouses and dependents of veterans only when
buried in a national, military post/base, or State veterans cemetery. Flat markers in granite, marble, and bronze,
and upright headstones in granite and marble are available. The style chosen
must be consistent with existing monuments at the place of burial. Emblems of belief for placement on Government
Headstones and Markers are available can be viewed at www.cem.va.gov. Niche
markers are also available to mark columbaria used for inurnment of cremated
remains.
When burial or memorialization is in a
national cemetery, a headstone or marker will be ordered by the cemetery
officials based on inscription information provided by next of kin. When burial is in a private cemetery VA Form
40-1330, application for Standard Government Headstone or Marker (PDF), must be
submitted by the next of kin or a representative, such as a funeral director,
cemetery official, or veterans counselor, along with veterans military
discharge documents, to request a government-provided headstone or marker. Do not send original documents as they will
not be returned. Application for National Guard or Reserves who are entitled
must include a copy of the Reserve Retirement Eligibility Benefits Letter with
the application. Use of the Fax service at 1(800) 455-7143 can save up to seven
days in obtaining a marker. This toll free fax service is only available for
headstones or markers being placed in private cemeteries. All state veterans,
military and post cemeteries must submit their applications by regular mail.
The form and instructions are available at www.cem.va.gov. The
application form on the website can be filled in and printed for submitting by
mail or fax. If you mail forward to: Memorial Programs Service (41A1),
Department of Veterans Affairs, 5109
Russell Road, Quantico, VA 22134-3903. Questions about a headstone or marker
application can be directed to VA’s Memorial Programs Service applicant
assistance unit at (800) 697-6947.
Persons not eligible for a headstone or marker are:
(1) Reservists and National Guard members who, at time of death, were
entitled to retired pay under Chap 1223, title 10, United States Code, or would
have been entitled, but for being under the age of 60. Specific categories of
individuals eligible for retired pay are delineated in section 12731 of Chap
1223, title 10, United States Code.
(2) Members of reserve components who die while hospitalized or
undergoing treatment at the expense of the United States for injury or disease
contracted or incurred under honorable conditions while performing active duty
for training or inactive duty training, or undergoing such hospitalization or
treatment.
(3) Members of the Reserve Officers' Training Corps of the Army, Navy,
or Air Force who die under honorable conditions while attending an authorized
training camp or on an authorized cruise, while performing authorized travel to
or from that camp or cruise, or while hospitalized or undergoing treatment at
the expense of the U.S. for injury or disease contracted or incurred under
honorable conditions while engaged in one of those activities.
(4) Members of reserve components who, during a period of active duty
for training, were disabled or died from a disease or injury incurred or
aggravated in line of duty or, during a period of inactive duty training, were
disabled or died from an injury incurred or aggravated in line of duty.
Headstones and markers previously furnished
by the Government may be replaced at Government expense if badly deteriorated,
illegible, stolen or vandalized. They will also replace the headstone or marker
if the inscription is incorrect, if it was damaged during shipping, or if the
material or workmanship does not meet contract specifications. If a Government
headstone or marker in a private cemetery is damaged by cemetery personnel, the
cemetery should pay all replacement costs. Marble and granite headstones or
markers that are permanently removed from a grave must be destroyed, ensuring
that the inscription is no longer legible. Bronze markers must be returned to
the contractor. For guidance on obtaining a replacement headstone or marker,
you may call the Memorial Programs Service Applicant Assistance Unit between
the hours of 08-1700 (EST), M-F at 1(800) 697-6947 or click on the
"Contact the VA" link on their website to contact the office via
e-mail. Be sure to include the veteran’s name, social security and/or service
number, and date of death. Special Pre-World War I Era Headstones and Markers
can also be obtained. Refer to www.cem.va.gov/cem/hm_hm.asp
for additional info on this subject.
[Source www.cem.va.gov Feb 07 ++]
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VET GRAVESITE LOCATOR: At http://gravelocator.cem.va.gov/j2ee/servlet/NGL_v1
you can search for burial locations of veterans and their family members in VA
National Cemeteries, state veterans cemeteries, various other
military/Department of Interior cemeteries, and private cemeteries when the
grave is marked with a government grave marker. The Nationwide Gravesite
Locator includes burial records from many sources. These sources provide varied
data; some searches may contain less information than others. Information on
veterans buried in private cemeteries was collected for the purpose of
furnishing government grave markers, and VA does not have information available
for burials prior to 1997. Erroneous information can be corrected, but there is
no way to add to the information contained in the existing record. If your
search returns incorrect information about a veteran or family member buried in
a national cemetery, contact the cemetery directly to discuss your findings. To
report incorrect information about a veteran buried in a private cemetery,
click go to https://iris.va.gov. Names cannot be added to the listing if a
government grave marker was not furnished for the grave, or if the existing
government grave marker was furnished prior to 1997. For more complete
information concerning individual records contact the cemetery or local
officials.
The American Battle Monuments
Commission provides information on service members buried in overseas
cemeteries. If you cannot locate the person you are searching for, provide the
following information on each individual: