Department Service Officer Newsletter

Volume3, Issue1                                                                                                                                                JULY 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:

 Gary.Wayman@VBA.VA.GOV.

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Heroes to Hometowns: The American Legion Heroes to Hometowns program helps newly discharged seriously disabled combat veterans reintegrate into local communities.  American Legion Posts have all received information concerning how they may become involved. Local Posts are now receiving notices when a recently discharged seriously disabled service man or woman will return to their local community. Please make sure your local post is ready. These men and women are most deserving of our attention. Local post officials having questions or needing more information about the Heroes to Hometowns program may contact the American Legion Department of Indiana Service Office and/or visit the following website: http://www.legion.org/?content=heroes2hometown.

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Heroes to Hometowns Success Story: The American Legion National Headquarters is looking for a Post Heroes to Hometowns success story. If you post has helped a recently discharged seriously disabled combat veteran please contact the American Legion Heroes to Hometowns National Point of Contact, Scott Sundsvold at 703-908-6250, during normal business hours. You may also contact Scott via e-mail at: heroestohometowns@legion.org.

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VA Offers OIF/OEF Veterans Help Accessing VA Medical Care Services:  VA Medical Centers have Operation Iraqi Freedom/Enduring Freedom (OIF/OEF) veterans healthcare coordinators to help access VA healthcare services. The two OIF/OEF healthcare coordinators at the Manchester VA Medical Center are: Cheryl Proper, 317-988-2957 and Deb Walls, 317-988-2149.  Marcie Beckman, 765-677-3130, is the OIF/OEF healthcare coordinator for the Northern Indiana (Fort Wayne and Marion, Indiana) Healthcare System. Any returning OIF/OEF veteran experiencing difficulties or delays in obtaining VA healthcare services should contact the appropriate VA OIF/OEF healthcare coordinator. OIF/OEF veterans may also contact The American Legion Service Office if their concerns are not resolved after speaking with the VA OIF/OEF healthcare coordinator.

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Attorney Representation:  Beginning June 20, 2007, agents and attorneys may charge fees for representation provided after a notice of disagreement has been filed with respect to a case.  This provision applies only to those notices of disagreement filed on or after June 20, 2007.  VA is amending its regulations governing the representation of claimants for veterans’ benefits in order to implement provisions of Public Law 109-461.  On May 7, 2007, VA published its proposed regulations in the Federal Register for notice and comment.  The new legislation eliminates the current prohibition on charging fees for services of an attorney or agent before the Board of Veterans’ Appeals (Board) makes its first final decision in the case.  As amended, section 5904 will allow an attorney or agent to charge fees for services provided after the date on which the claimant files a notice of disagreement with the VA regional office in the case.  This amendment applies to those cases in which a notice of disagreement is filed on or after June 20, 2007.  The new § 5904 eliminates the requirement that the attorney or agent is retained within one year from the date of the Board’s first final decision in the case.  Under the new legislation, there is no requirement that the attorney or agent be hired within a specified time frame.  Under the previous § 5904, VA was only authorized to directly pay an attorney his or her fees from past-due benefits.  VA was not authorized to pay fees directly to an agent.  Under the new § 5904, VA is authorized to pay both attorney’s and agent’s fees from past-due benefits owed to a claimant.  Until new regulations implementing this change are published, VA regional offices should administer direct-pay fee agreements involving agents in the same manner as attorney direct-pay fee agreements are administered.

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Small Business Administration (SBA) Patriotic Express Program: Patriotic Express is a new Small Business Administration venture to make business ownership easier for all veterans. Assistance under the new SBA program for veterans ranges from help writing a business plan and managing a business, to obtaining financing and learning how to export goods.  Participants may also qualify for loans between 2.25 percent and 4.75 percent over the prime interest rate.  Patriot Express is open to veterans, reservists and National Guard members, current spouses of eligible personnel, the surviving spouses of service members who die on active duty, or spouses of veterans who die from a service-connected disability. More information about the SBA program is available at http://www.sba.gov/patriotexpress.  (Source: 6-13-07, VA News Release)

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CANES FOR VETERANS:  Can-Am Care, LLC, announced in APR the “HUGO Salutes Our Veterans” program to provide folding canes to World War II and Korean War Veterans.  The HUGO Folding Canes with Interchangeable Handles will be provided at no charge to Veterans who may be in need of mobility assistance.  According to Can-Am Care, the program is instituted to recognize the support and efforts members of the United States Armed Forces made for our country during World War II and the Korean War.  Can-Am manufactures the HUGO Folding Cane and a number of related mobility assistance products. Veterans are encouraged to contact Can-Am Care at 1(888) 412-4992 M-F 08-1600 EST or refer to www.HUGOSalutes.com. Proof of service may be required.  [Source: NAUS Weekly Update 13 Apr 07 ++]

 

Can-Am Care, LLC, makers of the HUGO Folding Cane and other state-of-the-art mobility assistance products, instituted their “HUGO Salutes Our Veterans,” program to recognize the support and efforts the members of the U.S. Armed Forces made for our country during World War II and the Korean War.  HUGO Folding Canes will be provided at no charge to veterans who may be in need of mobility assistance.  The HUGO Folding Cane is a versatile, functional and ergonomically correct cane. It is adjustable to different heights, and fits most people between 5’ to 6’5” and can support up to 550 pounds.  A patented shock absorbing tip is flared with an ultra grip edge for extra stability and traction on all kinds of terrain, in all kinds of weather.  A safety strap at the handle provides extra confidence. The Cane easily folds into four sections and can be conveniently stored in its handy pouch.  A sure-lock system ensures cane rigidity and stability. It also has an interchangeable handle option which allows the user to customize the cane. “This generous effort represents the appreciation of private citizens and of companies for the selfless service of all those who have served our country.  We deeply appreciate Can-Am’s support of America’s veterans,” said Christopher Scheer, Public Affairs Supervisor at the Department of Veterans Affairs. Veterans are encouraged to contact Can-Am Care at 1(888) 412-4992 M-F, 08-1800 EST or www.HUGOSalutes.com.  Proof of service may be required. [Source: Florida Military Message Center 16 Apr 07 ++]

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VA RETRO PAY PROJECT:  There are no plans for DFAS to publish a list of retirees who are eligible for The Disabled Military Retired Retroactive Pay Program (commonly called VA Retro). Retirees who are eligible should receive notices on a rolling basis. The retroactive payments mainly affect retired members with 20+ years of service who have retroactive or increased VA disability awards since 2004.  Depending on the difficulty of the individual case (some complicated accounts are being audited by hand), the payment processing will run through the end of 2007.  DFAS has said that while they continue to make progress on paying VA Retro, they continue to get thousands of new cases each month.  [Source: MOAA Leg Up 6 Apr 07 ++]

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VHA PERSONAL DATA:   VA Form 10-10EZR, Health Benefits Renewal, is for your use to update the information you have on file at the VA. This form enables you to update or report changes to your address, phone number, name, health insurance and financial information when these changes occur. If you are not charged co-pay for medications or your health care or are charged a reduced inpatient co-pay you should update and report your financial information to VA each year to prevent your status from lapsing.  VA will remind you when it is time to renew the information. If you are not charged medication co-pay because you have low income, you should also update your financial information to VA each year to have your ability to pay co-pay reassessed.   If you want to check on this you can access a table of Financial Income Thresholds for VA Health Care Benefits at www.va.gov/healtheligibility/Library/pubs/VAIncomeThresholds/

 

It is not necessary to wait for the annual renewal period to provide VA your updated information. You may update your information whenever your financial or personal information changes. Simply complete VA Form 10-10EZR to provide your updated information.  A PDF version of the form can be completed and downloaded at www.va.gov/vaforms/medical/pdf/vha-10-10ezr-fill.pdf.  You will need to complete the form and mail it to your local facility for processing. Be sure to sign and date the form. If the form is not signed and dated properly, VA will return it to you for completion. If it’s been a while since your information was updated, when VA contacts you to remind you of your upcoming scheduled appointment they may question you on the currency of the information they have on file. [Source:  www.va.gov/healtheligibility/ Apr 07 ++]

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DEPLETED URANIUM (DU):  The death toll from the highly toxic weapons component known as depleted uranium (DU) has reached unanticipated numbers.  Of the 580,400 soldiers who served in Gulf War I 11,000 have died of causes that could be attributed to DU as of OCT 06. By the year 2000, there were 325,000 veterans or 56% on permanent medical disability. The disability rate for veterans of the world wars of the last century was only 5%, rising to 10% in Vietnam. Terry Johnson, public affairs specialist at the VA, reported that veterans of both Persian Gulf wars now on disability total 518,739.  In an article published by Global Research  Arthur Bernklau, executive director of Veterans for Constitutional Law in New York, reported that the source of the  malady that thousands of our military have suffered and died from was identified as early as 2000 and there is no longer any need for further guessing on the issue.  In 2000 a special report published by eminent scientist Leuren Moret named depleted uranium (DU) as the definitive cause of ‘Gulf War Syndrome’. According to Bernklau the long-term effect of DU is a virtual death sentence.

 

DU is a radioactive by-product of uranium enrichment used to coat ammunition such as tank shells and "bunker busting" missiles because its density makes it ideal for piercing armor. In the manufacture of tank and bunker busting shells/missiles depleted uranium, non-depleted uranium, titanium and tungsten all meet the dense metal criteria.  However, titanium and tungsten are not normally used as they are more expensive than depleted uranium which is in abundance. The world uranium industry has over one million tons of depleted uranium to dispose of.  Tungsten is difficult to manufacture because it is 1.75 times harder than uranium and has a much higher melting point at 3422 degrees Celsius than depleted uranium at1132 degrees Celsius. Moreover, depleted uranium is preferred because it burns fiercely in air making it effective as an incendiary device. Uranium can be engineered to be "self-sharpening" so that when it hits a target, it retains its punching point as material erodes off the warhead. Titanium and tungsten will not do this. Uranium’s molecular structure can re-formed, using metallurgical and "nano-technologies" to deliver a selected range of ballistic features, including kinetic, thermal, pyrophoric, liquid metal and high-pressure/high-heat, plasma effects.  Uranium (whether NDU or DU) offers unique structural features and the chemistry best suited for the defeat of deep, bunkerized targets, multiple types of targets in area denial munitions, and penetrating composite ceramic and metal armored targets.

 

Thousands of DU shells and bombs have been used in Yugoslavia, Afghanistan, the 1990-91 Gulf war, and the ongoing conflict in Iraq.  Scientists say even a tiny particle of DU can have disastrous results once ingested, including various cancers and degenerative diseases, paralysis, birth deformities and death.  DU has a half-life of 4.5 billion years, meaning it takes that long for just half of its atoms to decay.  The radiation released through DU use in conflicts is believed to be more than ten times the amount dispersed by atmospheric testing.  If you served in these conflicts and are experiencing any of the symptoms of ingesting DU you should consider submitting a disability claim to the VA and be evaluated.

 

Note:  The Centre for Research on Globalization (CRG) is an independent research and media group of writers, scholars and activists. It is a registered non profit organization in the province of Quebec, Canada.  The Global Research webpage at www.globalresearch.ca based in Montreal publishes news articles, commentary, background research and analysis on a broad range of issues, focusing on social, economic, strategic, geopolitical and environmental processes. [Source: American Free Press James Tucker article 29 Oct 06 ++]

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VA SOCIAL WORKERS:  The VA website advises you will find social workers in all program areas in VA medical centers who are ready to help you with most any need. If you have questions or problems, the social worker will be able to help you or can refer you to the right person for help.  Some of the things that VA social workers are available to help veterans with are:

 

• Financial or housing assistance

• Getting help from the VA or from community agencies, such as Meals on Wheels, so you can continue to live in your own home

• Applying for benefits from the VA, Social Security and other government and community programs

• Making sure your doctor and other VA staff on your treatment team know your decisions about end-of-life issues, generally called advance directives and living wills.  Things like whether you want to be on life support equipment, whether you are an organ donor, and which family member or other person you have chosen to make decisions on your behalf when you are unable to make those decisions yourself.

• Arranging for respite care for your caregiver so he/she can have a break or go on vacation without worrying about who will be caring for you.

• If you are having marriage or family problems

• If you would like help with moving to an assisted living facility, a board and care home or a nursing home

• If someone close to you has passed away and you want to talk about it.

• If you have problems with drinking or drug use

• If you feel that someone is taking advantage of you or if you feel mistreated in a relationship

• If you are a parent who feels overwhelmed with child care

• If your parent or spouse is in failing health

• If you are feeling stress because of your health or because you’re medical condition interferes with your daily activities

• If you are feeling sad, depressed or anxious

• If you really aren’t sure what you need, but things just don’t feel right.

 

Upon request VA social workers will help veterans with problems and concerns.  The first step is generally for the social worker to meet with you, and often with your family. The social worker will ask you questions about your health, your living situation, your family and other support systems, your military experience and the things you think you need help with.  The social worker will then write an assessment that will help you and your VA health care team make treatment plans.  Subsequent steps could be:

 

Crisis intervention - In a crisis situation, social workers can provide counseling services to help you get through the crisis.  The social worker will then help you with more long-term needs. The social worker can help you apply for services and programs in your community and through the VA to meet emergent needs.

High-risk screening - Social workers work particularly closely with those veterans who are at high risk, such as those who are homeless, those who have been admitted to the hospital several times, and those who cannot care for themselves any longer.

Discharge planning - When you are admitted to a VA hospital, the social worker will help you make plans for your discharge back home or to the community.  If you need services in your home or if you can no longer live at home by yourself, the social worker can help you make arrangements for the help you need.

Case management - Social workers often provide long-term case management services to veterans who are at high risk of being admitted to a hospital, those who have very complex medical problems, and those who need additional help and support.  They are available when needed to provide and coordinate a variety of services you may need, including counseling or support services or just helping you figure out what you need and how to get it.

Advocacy - Sometimes it can be hard for a veteran to speak up for himself or herself.  And sometimes veterans are confused by such a big, bureaucratic agency like the VA.  Social workers can advocate for you and go to bat for you when you have a hard time doing it by yourself.

Education - Social workers can help educate you and your family about your health care condition, what services and programs are available to you, how you can live a more healthy life, how you can deal with stress and loss, and how you can find support groups and other self-help programs in your community. Social workers also educate other staff in the medical center and in the community about VA programs and services and about how problems veterans may be having in their personal lives can impact their health.

VA social workers can help you with all of these types of services, plus many, many more.  If you have a problem or a question, just ask a social worker.  [Source: www.va.gov 29 Mar 07 ++]

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CIGARETTE FIRE-SAFE LAW:  New Hampshire is joining four other states in requiring that all cigarettes sold within its borders extinguish themselves if left to burn. About 800 people are killed annually in the United States by fires started by unattended cigarettes. Such fires typically occur when a smoker falls asleep while smoking or drops a lit cigarette into an upholstered chair, where it can smolder for hours before causing a fire. In 2004, New York became the first state to require unattended cigarettes to be self-extinguishing. A similar Vermont law took effect this year. A California law will take effect next year, an Illinois law is scheduled to start in 2008, and New Hampshire’s law will take effect on 1 OCT 07. Cigarette manufacturers argue there should be a single, nationwide standard for fire-safe cigarettes rather than various state regulations, but Congress has not passed legislation. The New Hampshire law would automatically be repealed if federal standards are enacted. Experts at the Harvard School of Public Health have prepared an investigative report which concludes that all cigarettes can and should be self-extinguishing.  [Albert HR and others. “Fire Safer” Cigarettes: The Effect of the New York State Cigarette Fire Safety Standard on Ignition Propensity, Smoke Toxicity and the Consumer Market. January 2005"  www.hsph.harvard.edu/press/releases/cigarettes/cigarettes.pdf . A Canadian law has been in effect since 1 OCT 05.  [Source: Consumer Health Digest 6 Jun 06]

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COMBAT ZONE DEATH TAX REPORTING:  Publication 3 - Armed Forces’ Tax Guide for use in preparing 2006 returns covers special tax situations of active members of the US Armed Forces. Members serving in an area designated or treated as a combat zone are granted special tax benefits.  In the unfortunate event a member of the U. S. Armed Forces dies while in active service in a combat zone or from wounds, disease, or other injury received in a combat zone, the decedent’s income tax liability is forgiven for the tax year in which death occurred and for any earlier tax year ending on or after the first day the member served in a combat zone in active service. Any forgiven tax liability that has already been paid will be refunded, and any unpaid tax liability at the date of death will be forgiven.  The death gratuity paid to a spouse or a family member of the US Armed Forces who died after 10 SEP 01, is $100,000. The full amount is nontaxable.

 

To obtain a copy of Pub 3 for use in preparing 2006 returns, go to the IRS web site www.irs.gov to print a copy.  Click on Forms and Publications on the left. Then go to Download forms and publications by clicking on Publication Number. Scroll down to select Publication 3, click on Retrieve Selected Files.  When mailing a tax return for a service member killed in action address it as follows: Internal Revenue Service Accounts Management Office 310 Lowell Street Stop 661, Andover MA 01812.  Write “Iraqi Freedom or Enduring Freedom—K.I.A.” on top of the return in red. If you would like further information regarding this article contact Judith Powers, National Killed in Terrorist Action/Killed in Action (KITA/KIA) Program Manager, at (978) 474-5408/5953F between the hours of 8:00 AM and 4:30 PM EDT or via email Kathleen.M.LaPlume@irs.gov.  [Source: Armed Forces News Issue 6 Apr 07 ++]

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ARMY SURVIVOR’S CALL CENTER (ALTFCM):   The Army Families First Casualty Call Center (FFCCC), which assists families of fallen Soldiers, recently underwent several changes to better serve the those who seek support in the months and years following the loss of a loved one.    These upgrades include a new interactive web site and a new name for the organization.   Now known as the Long Term Family Case Management (LTFCM), this name change more accurately reflects how LTFCM assists families.  Putting “families first” continues to be the number one priority in providing long-term support to families of fallen Soldiers by offering assistance and connecting survivors to services and programs 24 hours a day, seven days a week. Family members can access the new web site by visiting https://www.hrc.army.mil/site/active/tagd/cmaoc/ffccc/index.htm.  The site includes enhanced features with detailed information on survivors’ benefits, Soldier services, reports, and support programs.  It also features interactive tools to determine whether a family is eligible to apply for the Death Gratuity or retroactive Service members’ Group Life Insurance (SGLI) benefits.  Survivor’s can also join the ALTFCM email list to receive periodic updates on available benefits and service. As a central point of contact in the months and years following a loss, LTFCM support coordinators continue to aid survivors with retroactive death benefits, entitlements like education and counseling (financial and emotional), and posthumous awards and citations for fallen service members. If you have further questions email ALTFCM@conus.army.mil or call 1(866)272-5841 24 hours a day, 7 days a week.  [Source: U.S. Army Long Term Family Case Management msg. 4 Apr 07 ++]

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MEDICARE SCAMS:  Aggressive insurance salesmen offering alternative Medicare policies have persuaded hundreds of older people across North Carolina to replace their traditional coverage with private insurance that may cost more and do less. Reports suggested the problem had not become widespread, but state regulators said 28 MAR they are dealing with complaints in Wake, Guilford, Davidson, Robeson, Pitt and other counties. Poor agent training and misinformation bears some of the blame, but greed may also be at play, said Carla Obiol, deputy commissioner of the state Seniors' Health Insurance Information Program, known as SHIIP. Obiol said the private Medicare policies tend to pay agents hefty commissions. North Carolina's senior consumer fraud task force sent out a statewide trade practices alert about aggressive marketing to older people, some with dementia. SHIIP is also looking into several cases in which residents of rest homes and low-income housing were targeted, but would not release details. State regulators can take action against agents who are registered to work in North Carolina. But only the federal Centers for Medicare and Medicaid Services can restore traditional Medicare to people who have bought policies that don't benefit them, Obiol said.  [Source: McClatchy Newspapers Thomas Goldsmith article 30 Mar 07 ++]

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NATIONAL PARK PASSPORTS:  The National Park Service is a participant in the new Interagency Pass Program which was created by the Federal Lands Recreation Enhancement Act and authorized by Congress in DEC 04. Participating agencies include the National Park Service, U.S. Department of Agriculture - Forest Service, Fish and Wildlife Service, Bureau of Land Management and Bureau of Reclamation. The pass series,  referred to collectively as the America the Beautiful Pass, went sale 1 JAN 07. It replaces the former Golden Age, Golden Access, and Golden Eagle pass.  The new series consist of the following:

 

-               America the Beautiful Annual Pass: This pass is available to the general public at a cost of $80.  It provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity Fee for a year, beginning from the date of sale. The pass admits the pass holder/s and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas. (children under 16 are admitted free) The pass can be obtained in person at the park, by calling 1(888) ASK USGS, Ext. 1, or via the Internet at http://store.usgs.gov/pass.

-               America the Beautiful Senior Pass:  This is a lifetime pass for U.S. citizens or permanent residents age 62 or over at a cost of $10. The pass provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity. The pass admits the pass holder and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas (children under 16 are admitted free). The pass can only be obtained in person at the park. The Senior Pass provides a 50% discount on some Expanded Amenity Fees charged for facilities and services such as camping, swimming, boat launch, and specialized interpretive services. In some cases where Expanded Amenity Fees are charged, only the pass holder will be given the 50% price reduction. The pass is non-transferable and generally does not cover or reduce special recreation permit fees or fees charged by concessionaires.

-               America the Beautiful Access Pass:  This is a lifetime pass for U.S. citizens or permanent residents with permanent disabilities at no charge. Documentation is required to obtain the pass. Acceptable documentation includes: statement by a licensed physician; document issued by a Federal agency such as the Veteran’s Administration, Social Security Disability Income or Supplemental Security Income; or document issued by a State agency such as a vocational rehabilitation agency. The pass provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity. The pass admits the pass holder and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas (children under 16 are admitted free). The pass can only be obtained in person at the park. The Access Pass provides a 50% discount on some Expanded Amenity Fees charged for facilities and services such as camping, swimming, boat launching, and specialized interpretive services. In some cases where Expanded Amenity Fees are charged, only the pass holder will be given the 50% price reduction. The pass is non-transferable and generally does not cover or reduce special recreation permit fees or fees charged by concessionaires.

-               America the Beautiful Volunteer Pass:  This pass at no charge is for volunteers acquiring 500 service hours on a cumulative basis. It provides access to, and use of, Federal recreation sites that charge an Entrance or Standard Amenity Fee for a year, beginning from the date of award. The pass admits the pass holder and passengers in a non-commercial vehicle at per vehicle fee areas and pass holder + 3 adults, not to exceed 4 adults, at per person fee areas (children under 16 are admitted free).

 

Existing Golden series passes will no longer be sold or issued, but they will continue to be honored for as long as they are valid.  The Forest Service, National Park Service, Fish and Wildlife Service, Bureau of Land Management, and Bureau of Reclamation will honor all three passes at sites where Entrance or Standard Amenity Fees are charged. In addition, the Corps of Engineers and Tennessee Valley Authority may honor the Senior and Access Passes.  Passes cannot be replaced if lost or stolen; a new pass must be purchased. One goal of the new pass program is to install technology at each site that allows for tracking and replacements.  Tattered and worn passes can be exchanged for a new one. Passes from previous pass programs cannot be exchanged or upgraded for the new passes. Bicycles are handled differently within the five agencies. Sometimes they are charged as a per person or walk-up fee; other times they are discounted at vehicle fee sites; while some sites allow them in at no charge. Because fees and rules vary regarding bicycles across the agencies and sites across the country, you should contact your site of choice directly for their regulation.  For additional info refer to www.nps.gov/fees_passes.htm. [Source: www.nps.gov Apr 07 ++]

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VA CLAIM FIXERS:  The US Department of Veterans Affairs (USDVA) is receiving an increasingly number of claims for VA benefits from veterans or survivors who avail of the services of a “Claims Fixer”.  VA often finds these claims contain fraudulent evidence that has been submitted by the Fixer. When it is suspected that a claim involves a Fixer it is investigated with a resultant delay in processing the claim. If it is determined that fraud was committed, the veteran’s right to VA benefits is forfeited. This is a lifetime forfeiture meaning the veteran and /or their dependents lose all rights to ever be considered for VA benefits for the rest of their lives.  Claim Fixers have no connection within VA.  If approached by someone claiming to have an “IN” with the VA, the VA office should be notified immediately. Claim Fixers cannot affect the outcome of your claim. They can only jeopardize your entitlement to VA benefits.

 

   To protect yourself against Claim Fixers:

-               Avoid them. Anyone charging a fee to assist you is a claims fixer.

-               Do not sign any form unless it is completely filled out and all the information contained on the form is accurate. If possible, you should fill out the forms yourself.

-               Do not sign any affidavits or statements unless they are accurate.

-               Do not sign any statement in support of another person’s claim unless the information is accurate.

-               Do not submit any medical evidence or doctor’s statements unless the information is factual.

-               Do not allow any affidavits or statements to be submitted in support of your claim unless the information in the document is accurate.

-               Do not pay someone the benefits you have earned in defense of your country. They have no right to those benefits.

 

     If you have questions about VA benefits or services, contact the USDVA in your geographic area. The USDVA has representatives available to assist you with your claim. In the Philippines you may visit them at the US Embassy in Manila or call them at no charge on a PLDT line at 1-800-1888-5252. If you live in Metro Manila, you may dial 528-2500. You may also visit the website: https://iris.va.gov for more information. VA doe not charge for any service or assistance they provide [Source: USDVA Manila Director Jon Skelly Apr 07 ++]

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VA FEE-BASIS CARE:  Fee-basis care may be authorized to treat service-connected disabilities when VA has determined that available VA facilities do not have the necessary services required for treatment; the veteran is not able to access VA health care facilities based on geographic constraints or due to medical emergencies; or when it is economically advantageous to provide treatment using fee basis. These determinations are left to local management because they are in the position to best apply these considerations. All fee requests are reviewed individually to determine the entitlement of veterans in accordance with established Veterans Health Administration guidelines and to determine clinical urgency. You may be eligible for a fee basis ID card if:

-               You have a service connected disability;

-               You will need medical services for an extended period of time; or

-               There are no VA health care facilities in your area.

 

If you have a fee basis ID card, you may choose any doctor that is listed on your card to treat you for the condition. If the doctor accepts you as a patient and bills the VA for services, the doctor must accept the VA's payment as payment in full. The doctor may not bill either you or Medicare for any charges. If your doctor doesn't accept the fee basis ID card, you will need to file a claim with the VA yourself. The VA will pay the approved amount to either you or your doctor. Should a veteran's request for fee basis be denied, the veteran may seek reconsideration of the decision through the local Patient Advocate's Office. VA has outlined this appeal process through issuance of VHA Directive 2006-057 "VHA Clinical Appeals."  [Source:  Washington Times Sgt Shaft 23 Apr 07 ++]

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VA Claim’s BACKLOG:  The worst city in which to file a veterans’ benefits claim is Washington, where 63% of claims take longer than six months to resolve, according to a major veterans’ service organization. AMVETS, a 60-year-old group that helps veterans with about 24,000 claims a year, says a survey has shown veterans in Fargo, N.D.; Boise, Idaho; and Providence, R.I., have the fastest service, with only 6 to 7% of claims taking longer than six months to resolve. Washington may be the worst, but other major cities also are slow. AMVETS national service officer and Navy veteran Luz Rebollar said in Chicago, Detroit, Pittsburgh, New Orleans and Montgomery AL about 40% of the claims take longer than six months to process.  One reason for the differences is that the number of people assigned to process claims in some VA regions does not match the claims caseloads in those areas. For example, VA workers in Hartford CT handle 92 cases a year, while workers in Augusta ME handle 57 cases a year.

 

     The Bush administration has proposed hiring 450 additional claims processors to try to reduce the backlog, but AMVETS officials have warned that more people will not solve the problem and, unless the caseloads are more evenly spread, will not eliminate delays for some people. AMVETS is pushing the idea of allowing electronic claims filing and other efforts to use technology to help process claims. “The backlog issue is not going to go away until the federal government rolls up its sleeves and takes a serious look at expediting the resolution of claims,” Rebollar said. “Until that happens, young veterans just returning from service in Iraq and Afghanistan are going to continue to be frustrated with our government and with a system they believe is failing to fulfill the promises that were made to them when they entered the service.” To review the delay times in your city refer to www.navytimes.com/projects/pages/042007vastats. [Source:  NavyTimes Rick Maze article 20 Apr 07 ++]

 

On 17 APR the Department of Veterans Affairs responded negatively to the four bills pending before Congress to reduce the 600,000-case backlog of veterans’ benefits claims.

-               H.R.0067, sponsored by Rep. Mike McIntyre (D-NC), that would allocate $25 million a year — about $1 for each living veteran — to improve veterans’ outreach programs, and would give grants to states to pay for education and training programs for state and local veterans’ agencies.

-               H.R.1435, sponsored by Rep. Joe Baca (D-CA) that orders a three-year, five-state test in which benefits claims that are not complete would be referred to a county or municipal office for help developing the claim.

-               H.R.1444, would provide a $500 monthly stipend to any veteran who appeals a benefits decision and it takes more than 180 days for a final decision. Sponsored by Rep. John Hall (D-NY), the proposal would allow a veteran whose claim is denied to keep the accumulated payments. A veteran whose claim is approved for a benefit of more than $500 a month would receive the difference, said Hall, chairman of the House Veterans’ Affairs disability assistance and memorial affairs subcommittee where the four bills are pending.

-               H.R.1490, sponsored by Reps. Joe Donnelly (D-IN) and Fred Upton (R-MI) which would automatically grant disability benefits claims filed by combat veterans as long as they met minimal requirements, with payments set at the median level for the disability.

 

Rep. Upton said, “The current system is more than broken, it is shameful. On average, it takes the VA 177 days to process an original claim and 657 days to process an appeal. This delay deprives many veterans of Iraq and Afghanistan of much-needed income at a time in their lives when they are not only learning to cope with a disability but also transitioning into civilian life.” Ronald Augment, the VA’s deputy undersecretary for benefits, said, “The VA opposes the four bills, even though the agency shares many of the bills’ goals. Augment said:

 

-               Hall’s bill H.R.1444 to provide a $500 stipend for delayed benefits would create an incentive to submit claims of dubious merit.  And, for veterans whose claims are questionable, it creates a reason for the veterans to delay supplying information and evidence so they can get more money. A claimant’s cooperation with VA can reduce the time it takes to resolve a remand claim. Inversely, a claimant’s lack of cooperation can delay the resolution of a claim.”

-               The Donnelly-Upton bill H.R.1490 presents a similar problem. VA is concerned that a presumption of service connection creates an incentive to file invalid claims, especially when benefits would be paid without appropriate claim development. Even if the VA audited 25% of all file claims, an unscrupulous claimant would still have excellent odds of obtaining and retaining benefits.

-               The VA opposes the bill H.R.0067 giving grants for veterans’ outreach programs because it doesn’t give enough flexibility to reach veterans in small, rural communities, and because the VA is expanding its existing outreach program.

-               Paying county and local veterans agencies to help process claims, the idea in H.R.1435, would take money that ought to be spend by the federal government and apply it to local programs while raising questions about who, ultimately, is responsible for the claim.

 

The VA was not alone in opposing the bills. Some of the same issues raised by Augment were also noted by Veterans of Foreign Wars and Paralyzed Veterans of America in their testimony before the disability assistance subcommittee.  [Source:  Military Times Rick Maze article 17 Apr 07 ++]

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VA Home Loans:  Since its implementation in 2004, many veterans have misunderstood the VA Home Loan Increased Entitlement.  The Veterans Benefits Act of 2004 increased VA home loan eligibility.  Veterans who qualify for the home loan benefit may obtain a no down payment home loan of up to $417,000.  Qualified veterans purchasing a home in the high cost areas of Alaska, Guam, Hawaii and the U.S. Virgin Islands may obtain a no down payment home loan of up to $625,500.  There are five easy steps to a VA loan: 

1.      Apply for a Certificate of Eligibility (COE) http://www.homeloans.va.gov/. 

2.      Decide on a home and sign a purchase agreement. 

3.      Order an appraisal from VA. (this is done by the lender.) Ordering an appraisal can be done via the Internet using TAS (The Appraisal System) at http://vip.vba.va.gov/. 

4.      Apply to a mortgage lender for the loan. 

5.      Close the loan and move in. 

[Source:  American Legion Weekly Update 10 Apr 07 ++]

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VA FRAUD:  Continuing a long-standing campaign to identify and prosecute those who defraud veterans of their rightful benefits, the Department of Veterans Affairs (VA) recently highlighted several successes by its Inspector General in investigating people who mishandle the finances of veterans and family members unable to manage their own affairs. Among recent cases successfully prosecuted as a result of investigations by VA’s Office of the Inspector General are:

-               Los Angeles resident Anne Chavis pleaded guilty to perjury and forgery in embezzling $1 million from veterans who were too disabled to handle their own financial matters.  She is awaiting sentencing.