DEPARTMENT SERVICE OFFICER NEWSLETTER

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.

Air Force Has New website for retirees! RANDOLPH AIR FORCE BASE, Texas (AFRNS) – The Air Force has a new Web site just for its retiree community that is full of news and information, plus it is easy to access and navigate. The Air Force Retiree Services site is located at www.retirees.af.mil.

This public Web site offers the retiree family in-depth information on the Survivor Benefit Plan, plus a list of Air Force Retiree Activities Offices worldwide and various other resources. There are also sections dedicated to the Afterburner and Air Force Retiree News Service.

Visitors can access the sections by using the top navigation bar on the home page. The home page also features the latest Air Force headline news and video clips. There is even a special icon for quick access to the Combat-Related Special Compensation information page.

Subscribing to the electronic version of the Afterburner and AFRNS is now much easier: just click on the word “Subscribe” found on the top navigation bar: find “Afterburner/AFRNS” near the top of the second column and click in the circle to subscribe; enter the required e-mail address; and then click on the submit button.

FUND FOR VETERANS’ EDUCATION ANNOUNCES NEW ROUND OF SCHOLARSHIPS FOR VETERANS RETURNING FROM IRAQ AND AFGHANISTAN: FVE will award up to $3.5 million in 2008-09 in undergraduate scholarships for veterans returning From Iraq and Afghanistan.

If you are a veteran of Operation Iraqi Freedom (OIF) or Operation Enduring Freedom (OEF), and finding that the cost of higher education is keeping you from getting a degree, you are not alone. Ninety percent of enlisted personnel do not have a college degree, and with 375,000 troops separating from the service every year, many are finding that current education benefits are just not enough.

The Fund for Veterans' Education will provide scholarships to help meet the cost associated with higher education for veterans from all branches of the United States Armed Forces who served in Afghanistan or Iraq since September 11, 2001 and who are now enrolled in college or vocational-technical school.

Scholarship recipients are selected primarily on the basis of financial need. In addition, length of military service (number of months and number of tours served) will be considered.

The Fund's revenue is derived entirely from grants and gifts from foundations, corporations, and individuals. All gifts are tax deductible. If you are a civilian who wants to help our brave men and women have the chance at higher education, please consider making a donation today.

The awards, which may be renewed for the following academic year, are intended to cover financial need not met with need based grants and military education benefits.

To be eligible to receive financial aid, applicants must: Be veterans of any branch of the Armed Forces (Army, Navy, Air Force, Marines), Coast Guard, National Guard and Armed Forces Reserves.

Have served and been deployed for at least 60 days in Afghanistan or Iraq (or served in the surrounding area and have documented service in support of Operation Iraqi Freedom or Operation Enduring Freedom) after September 11, 2001, or be veterans who were deployed to Afghanistan or Iraq after September 11, 2001, but did not meet the 60-day active service period as a result of a service-related injury or condition incurred while serving in Afghanistan or Iraq.

Be enrolled on a full-time or part-time basis in an undergraduate program of study at any accredited two-year or four-year institution, public or private, including technical schools for the Fall 2008 term. The program may continue past 2008-2009, but we are not considering applications for those not enrolled for Spring, 2008 at this time.

Have applied for and accepted all federal, state and institutional need-based grants and all available military educational benefits. The program is open to both US citizens and non-US citizens as long as all other eligibility requirements, including military service, are met.

Previous recipients should not submit a new application to be considered for renewal of their awards for 2008-09. Previous recipients will receive renewal paperwork and instructions directly from Scholarship America in April-May 2008.

If you are interested in receiving financial aid, and meet the qualifications above, please visit our website at “http://www.veteransfund.org”.

Vietnam blue water navy (update): On August 16, 2006, the United States Court of Appeals for Veterans Claims (CAVC) held in Haas v. Nicholson (now Haas v. Peake) that Vietnam veterans who served in the waters off Vietnam (“Blue Water” Navy veterans) are entitled to disability benefits for diseases related to exposure to Agent Orange. Please see VA&R Bulletin 20-06, dated August 22, 2006, for additional background information.

The Department of Veterans Affairs (VA) subsequently appealed the CAVC’s decision to the United States Court of Appeals for the Federal Circuit and also received authorization from the CAVC to stay the adjudication of all Haas-related claims until the appeal is resolved by the Federal Circuit. On May 8, 2008, the Federal Circuit Court issued a decision reversing the decision of the CAVC in Haas v. Peake.

What happens now? The National Veterans Legal Services Program (NVLSP), counsel for Haas, plans to request en banc (full Court) review of the three judge decision. NVLSP will file the petition within twenty-one-days. This could delay implementation of the May 8th decision. Once the Federal Circuit does render a final decision, either the VA or the claimant may petition the U.S. Supreme Court for certiorari within 90 days of the final action of the Federal Circuit.

Since the CAVC issued a stay regarding all Haas-related claims, that stay must be lifted by the CAVC before the VA can adjudicate pending Haas-related claims. In the meantime, advocates are advised, if possible, to help claimants obtain evidence of service on land in the Republic of Vietnam. If a VA regional office should deny a pending Haas-related claim, advocates are advised to appeal to protect the potential earlier effective date in case the Federal Circuit decision is overturned.

Additional information and guidance will be provided as it becomes available. Please direct any questions or concerns to Steve Smithson, Deputy Director for Claims Service, VA&R, at ssmithson@legion.org or (202) 263-2985.

“Blue Water” Navy Veterans Entitled to the Presumption of Exposure to Agent Orange On August 16, 2006 (VA&R Bulletin 20-06): The United States Court of Appeals for Veterans Claims (CAVC or Court) held that Vietnam veterans who served in the waters off Vietnam (these class of veterans are known as “Blue Water” Navy veterans) are entitled to disability benefits for diseases related to exposure to Agent Orange. This decision reverses the Department of Veterans Affairs (VA) policy that veterans had to step foot on Vietnamese soil in order to be entitled to the presumption of exposure to Agent Orange, and hence, presumptive disability benefits related to this exposure. The veteran in this case, a retired Navy commander who served in the waters offshore of Vietnam and received the Vietnam Service Medal, claimed that his diabetes mellitus and complications were related to his exposure to Agent Orange that drifted from the shore. The National Veterans Legal Services Program (NVLSP) represented the veteran before the CAVC.

The Board of Veterans’ Appeals (Board or BVA) denied the veteran’s claim for service-connected disability compensation based on exposure to Agent Orange, holding that although he served in the official waters of Vietnam, he did not step foot on shore in Vietnam; therefore, service connection for his diabetes and residuals was not warranted. The veteran appealed to the CAVC.

In its decision, the CAVC reversed the Board's determination that the veteran was not entitled to the presumption of exposure to herbicides and remanded the matter for readjudication consistent with this decision. The Court held:

(1) 38 U.S.C. §1116(f) is not clear on its face concerning the meaning of the phrase "service in the Republic of Vietnam." Accordingly, the Court held that the statute is ambiguous, and the Secretary may promulgate regulations to resolve that ambiguity so long as the regulations reasonably interpret both the language of the statute and the intent of Congress in enacting the legislation.

(2) 38 U.S.C. § 1116(f) does not by its terms limit application of the presumption of service connection for herbicide exposure to those who set foot on the soil of the Republic of Vietnam.

(3) The Secretary's regulations, while a permissible exercise of his rulemaking authority, do not clearly preclude application of the presumption to a member of the Armed Forces who served aboard a ship in proximity to the land mass of the Republic of Vietnam.

(4) The provisions of the VA Adjudication Procedure Manual in effect at the time the appellant filed his claim in 2001 entitled him to a presumption of service connection based upon his receipt of the Vietnam Service Medal (VSM).

(5) VA’s attempt to rescind that version of the M21-1 provision more favorable to the appellant was ineffective because VA did not comply with the notice and comment requirements of the Administrative Procedures Act (APA), 5 U.S.C. § 706(2)(A).

(6) If service connection for diabetes mellitus is granted upon remand, secondary service connection must be considered for the veteran's claims of peripheral neuropathy, nephropathy, and retinopathy.

Guidance for Accredited American Legion Representatives

It is unclear at this time whether the VA will appeal the Court’s decision in Haas. Also, the VA may amend their regulations in a way that is adverse to veterans who otherwise would have benefited from the Court’s decision in Haas. It is clear however, that the negative change to the M21-1 has no force and effect because it was promulgated unlawfully. As of this writing, Haas is the “law of the land” and therefore VA must abide by it.

Prompt action by representatives is essential. Because the VA may issue a negative regulation, claims based on presumptive exposure to Agent Orange needed to be filed before the VA can finalize a negative regulation. Veterans and representatives seeking service connection for diseases as a result of Agent Orange exposure (as well as those seeking to have their benefits restored) are encouraged to take the following steps:

For new claims: If the veteran received the Vietnam Service Medal (or its predecessor award, the Armed Forces Expeditionary Medal (AFEM) (Vietnam)), for service offshore of the Republic of Vietnam between January 9, 1962, and May 7, 1975, that was not just over flight duty, the advocate should argue that service connection should be granted under the M21-1 provision and Haas.

Even if the veteran received the Vietnam Service Medal for service in a location other than Vietnam (such as Thailand), their representatives should still apply for service connection, since the M21-1 provision does not outright prohibit application of the Agent Orange presumption in such case. This type of claim may be difficult to win but should be filed.

Finally, even if the veteran did not receive the Vietnam Service Medal or the AFEM, the advocate should apply for service connection if the veteran had offshore Naval service during the above 2 periods. This is because the M21-1 provision does not preclude service connection as long as it is verified that the veteran had service offshore of Vietnam.

For denied claims still pending before the VA or before the CAVC: If the veteran received the Vietnam Service Medal (or the Armed Forces Expeditionary Medal (Vietnam)), for service offshore of the Republic of Vietnam (that was not just over flight duty), the advocate should appeal any denials of service connection (and severances of service connection) and argue before the VA (or the Court) that service connection should be granted under the M21-1 provision and Haas.

Even if the veteran received the Vietnam Service Medal for service in a location other than Vietnam (such as Thailand), he/she should still appeal.

If the veteran did not receive the Vietnam Service Medal or predecessor award, the veteran should appeal the denial of service connection or severance action if he or she had offshore Naval service during the above periods.

For claims previously denied and that are now final: For claims that were previously denied and that are now final, the veteran should file a reopened claim in order to get benefits started (or restored) as soon as possible. The representative should cite the M21-1 provision and Haas in the claim.

We suggest that the representative not raise the issue of an earlier effective date, or claim clear and unmistakable error (CUE) in the decision that denied or severed benefits, until benefits are actually granted and restored. Once benefits have been granted or restored, the representative should consider challenging the effective date by filing a Notice of Disagreement with the effective date and/or a motion to revise the prior VA (or Board) decision that denied the claim (or that severed service connection) on the basis of CUE.

Unrepresented veterans should seek the assistance of a representative prior to taking such action.

If you have any questions or concerns, please contact Steve Smithson, Deputy Director for Claims Service, VA&R, at (202) 263-2985 or “ssmithson@legion.org”.

Vet centers: Vet Centers provide readjustment counseling and outreach services to all veterans who served in any combat zone. Services are also available for their family members for military related issues. Veterans have earned these benefits through their service and all are provided at no cost to the veteran or family.

The 232 community based Vet Centers are located in all fifty states, District of Columbia, Guam, Puerto Rico and the US Virgin Islands.

We are the people in VA who welcome home war veterans with honor by providing quality readjustment counseling in a caring manner. Vet Centers understand and appreciate Veterans’ war experiences while assisting them and their family members toward a successful post-war adjustment in or near their community.

The Vet Center Program was established by Congress in 1979 out of the recognition that a significant number of Vietnam era vets were still experiencing readjustment problems. Vet Centers are community based and part of the U.S. Department of Veterans Affairs.

In April 1991, in response to the Persian Gulf War, Congress extended the eligibility to veterans who served during other periods of armed hostilities after the Vietnam era. Those other periods are identified as Lebanon, Grenada, Panama, the Persian Gulf, Somalia, and Kosovo/Bosnia.

In October 1996, Congress extended the eligibility to include WWII and Korean Combat Veterans. The goal of the Vet Center program is to provide a broad range of counseling, outreach, and referral services to eligible veterans in order to help them make a satisfying post-war readjustment to civilian life.

On April 1, 2003 the Secretary of Veterans Affairs extended eligibility for Vet Center services to veterans of Operation Enduring Freedom (OEF) and on June 25, 2003 Vet Center eligibility Vietnam era vets were still experiencing readjustment problems. Vet Centers are community based and part of the U.S. Department of Veterans Affairs.

The goal of the Vet Center program is to provide a broad range of counseling, outreach, and referral services to eligible veterans in order to help them make a satisfying post-war readjustment to civilian life.

On April 1, 2003 the Secretary of Veterans Affairs extended eligibility for Vet Center services to veterans of Operation Enduring Freedom (OEF) and on June 25, 2003 Vet Center eligibility was extended to veterans of Operation Iraqi Freedom (OIF) and subsequent operations within the Global War on Terrorism (GWOT). The family members of all veterans listed above are eligible for Vet Center services as well.

On August 5, 2003 VA Secretary Anthony J. Principi authorized Vet Centers to furnish bereavement counseling services to surviving parents, spouses, children and siblings of service members who die of any cause while on active duty, to include federally activated Reserve and National Guard personnel.

Types of Services available:

What is readjustment counseling? Readjustment counseling is wide range of services provided to combat veterans in the effort to make a satisfying transition from military to civilian life. Services include individual counseling, group counseling, marital and family counseling, bereavement counseling, medical referrals, assistance in applying for VA Benefits, employment counseling, guidance and referral. alcohol/drug assessments. information and referral to community resources, military sexual trauma counseling & referral, outreach and community education.

Does VA have readjustment counseling for family members? Family members of combat veterans have been eligible for Vet Center readjustment counseling services for military related issues since 1979.

Am I eligible for Vet Center readjustment counseling? If you, or a family member, served in any combat zone and received a military campaign ribbon (Vietnam, Southwest Asia, OEF, OIF, etc.) you are eligible for Vet Center services.

Military Sexual Trauma Counseling

What is military sexual trauma counseling? Military sexual trauma counseling may include individual or group counseling, marital and family counseling, referral for benefits assistance, liaison with community agencies or substance abuse information and referral to help you deal with the emotions of military sexual trauma and regain confidence in your everyday life.

Am I eligible for military sexual trauma counseling? Any veteran who was sexually traumatized while serving in the military is eligible to receive counseling regardless of gender or era of service.

Where are services available? Medical services are available at your local VA Medical Center and can be accessed by contacting the Military Sexual Trauma Coordinator (or Women Veterans Program Manager). Assessment and referral for sexual trauma counseling are available at all Vet Centers. On site counseling is available at selected Vet Centers across the country.

The Department of Veterans Affairs Vet Center program operates a system of 232 community based counseling centers. The Vet Centers are staffed by small multi-disciplinary teams of dedicated providers, many of which are combat veterans themselves. There is no cost for Vet Center readjustment Counseling. Vet Center staff is available toll free during normal business hours at 1-800-905-4675 (Eastern) and 1-866-496-8838 (Pacific).