A bipartisan group of U.S. Senators—including Blanche Lincoln (D-AR) Sherrod Brown (D-OH), Bob Casey (D-PA), Amy Klobuchar (D-MN), Mike Crapo (R-ID), Gordon Smith (R-OR), John Kerry (D-MA), Barbara Mikulski (D-MD), Ken Salazar (D-CO), and Evan Bayh (D-IN.)— unveiled their plan 16 APR to provide the men and women of our National Guard and Reserves with benefits that better reflect their increased service to our country. The Reserve Educational Assistance Program (REAP) Enhancement Act of 2008 (S.2871) would make three much-needed improvements to the structure and value of the Montgomery G.I. Bill education benefits for our citizen soldiers by:

• Providing accruable benefits for those who have served multiple deployments;

• Replacing the current three-tiered formula for REAP benefits with one that more accurately reflects service rendered; and

• Shifting jurisdiction of REAP benefits from the Department of Defense to the Veterans Administration (i.e. from Title 10 to Title 38).

The REAP Enhancement Act builds on the progress of Sen. Lincoln’s Total Force Educational Assistance Enhancement and Integration Act of 2007 (S.644). A significant provision of that bill—allowing citizen soldiers who have served combat tours to access their educational benefits for up to ten years following their service, just as active duty soldiers have been able to do—was signed into law as part of the 2008 National Defense Authorization Act. The REAP Enhancement Act is endorsed by the Military Officers Association of America and the Enlisted Association of the National Guard of the United States. [Source: Sen. Sherrod Brown Press Release 16 Apr 08 ++]

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The Department of Veterans Affairs (VA) has rescinded provisions of its Adjudication Procedures Manual M21-1. 72 FR 66218 (i.e. Manual M21-1) that were found by the U.S. Court of Appeals for Veterans Claims (Veterans Court) not to have been properly rescinded. This rescission was effective April 15, 2008. Steps leading to this change started on 27 NOV 07 when VA proposed to rescind certain provisions of its Manual M21-1. The notice was necessitated by the opinion rendered by the Veterans Court in Haas v. Nicholson, 20 Vet. App. 257 (2006). Although VA’s appeal of that decision has been submitted to the U.S. Court of Appeals for the Federal Circuit, that court has not yet issued a decision in the case. In the interim the comment period has ended which allowed VA to proceed with the proposed changes. VA received more than 75 comments, most of which were very similar and can be addressed in three categories:

(1) Citation to scientific evidence, in particular a 2002 study performed for Australia’s Queensland Health Scientific Services by their National Research Center for Environmental Toxicology, titled, Examination of the Potential Exposure of Royal Australian Navy Personnel to Polychlorinated Dibenzodioxins and Polychlorinated Dibenzofurans Via Drinking Water (the Australian study);

(2) Personal stories about the commenter’s experiences during service and/or their current illnesses;

(3) Arguments presented in connection with the Haas litigation.

In VA’s view the comments were not substantial enough to halt changes to M21-1 because:

• The cited scientific studies were of minimal relevance due to the manner in which they were conducted

• VA cannot presume exposure to herbicides simply because a veteran has a disease linked to exposure to herbicides.

• VA does not agree with statutory-interpretation arguments that have been presented

to the Federal Circuit in the Haas litigation. Specifically, that the language of 38 U.S.C. 1116 plainly requires that offshore service be considered service “in the Republic of Vietnam” for purposes of that statute. In VA’s opinion, the Veterans Court held that neither the language nor the legislative history of Sec. 1116 reflects a clear intent to treat offshore service as service in the Republic of Vietnam (Haas, 20 Vet. App. at 264- 68). However, they did note that this issue remains pending before the Federal Circuit.

The result of the changes is that you will no longer be able to argue that the receipt of the Vietnam Service medal has any bearing on your veterans claim to exposure to agent orange. (NOTE: if you have a pending claim in effect before or after the original Haas decision, but before the 15 APR08 VA change, whatever the Federal Appeals court decides will govern your entitlement). Bottom line Blue Water Navy can still attempt to show exposure to Agent Orange, but not based on receipt of the Vietnam Service medal (if a claim is filed after April 15, 2008). For additional info refer to http://bluewaternavy.org [Source: VALAW.org Ray B. Davis msg. 17 Apr 08 ++]

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• Vermont Gov. James Douglas signed into law a special moose permit lottery for veterans of the wars in Iraq and Afghanistan. This year, five of Vermont’s 1,260 moose-hunting permits will be set aside for returning veterans and they will be allowed to apply for the regular, statewide lottery, as well as the special one for them. If you’re a Veteran and possess, or are eligible to receive, a campaign ribbon for Operation Iraqi Freedom or Operation Enduring Freedom, and a Vermont resident, check box 4 on the 2008 Vermont Moose Permit Application to be included in a special priority drawing. For more information refer to www.vtfishandwildlife.com/hunttrap_lottery.cfm.

• A recent decision by the Missouri Conservation Commission extended small-game hunting and fishing permit exemptions to all nonresident military veterans who have service-related disabilities of 60% or more or who were prisoners of war during military service the same hunting and fishing permit exemptions as resident disabled veterans and allowing such nonresident veterans to purchase resident permits. The change is not an exemption from all permit requirements. They still must purchase Missouri deer and turkey hunting, migratory bird hunting and trapping permits if they want to engage in those activities. Exempt veterans must carry a certified statement of eligibility from the U.S. Department of Veterans Affairs (VA) when purchasing permits or exercising permit privileges. For more information, contact the Missouri Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180 or refer to http://mdc.mo.gov.

[Source: NAUS Weekly Update 18 Apr 08 ++]

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The retired enlisted Association (TREA) has learned that some hospitals are playing games with Medicare and as a result, some Tricare users are ending up owing hospitals large amounts of money. The rule that if medical care providers accept Medicare they must accept Tricare apparently is not always applicable. It turns out that the hospitals still accept Tricare, and they still accept Medicare payments if the patient has previously been treated in that hospital. However, they are not accepting any new Medicare patients. Thus, if the Tricare insured has not previously been a patient at that hospital, the patient ends up having to pay the Medicare portion of the bill out of pocket. The Medicare portion for TFL beneficiaries is normally 80% but under these conditions payment under Tricare Standard should apply the same as it does for overseas users. They pay 25 % of the bill in addition to the $150 deductible since Medicare provides no coverage outside the USA. Although this seems very unfair and is really “playing games” with Medicare and with patients, it is legal. Accordingly, Medicare eligibles need to make sure anytime they are having scheduled hospitalization that the hospital will take both Tricare and Medicare if they are a new patient in that hospital. If not, verify with your Tricare regional office if Tricare Standard rules will apply. Also, it might be prudent to check with your local hospital what their policy is in the event you will have to use them for emergency treatment in the future. [Source: TREA Washington Update 18 Apr 08 ++]

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U.S. Department of Veterans Affairs Secretary James B. Peake and U.S. Housing and Urban Development Deputy Secretary Roy A. Bernardi have announced $75 million to provide permanent supportive housing for an estimated 10,000 homeless veterans nationwide. Bernardi and Peake made the announcement with Mayor Michael R. Bloomberg at a newly renovated housing program for homeless veterans in Queens NY, and emphasized the Federal and local government’s partnership to house and support America’s homeless veteran population. HUD’s Veterans Affairs Supportive Housing Program (HUD-VASH) will provide local public housing agencies with rental assistance vouchers specifically targeted to assist homeless veterans in their area. In addition, the VA and HUD will link local public housing agencies with VA Medical Centers to provide supportive services and case management to eligible homeless veterans. HUD will allocate the housing vouchers to local public housing agencies (PHAs) across the country that are specifically targeted to homeless veterans based on a variety of factors, including the number of reported homeless veterans and the proximity of a local VA Medical Center with the capacity to provide case management. New York City and the greater Los Angeles area received the greatest number of vouchers using this criterion.

HUD will provide housing assistance through its Section 8 Housing Choice Voucher (HCV) program which allows participants to rent privately owned housing. The VA will offer eligible homeless veterans clinical and supportive services through its medical centers across the U.S and Puerto Rico. Last year, the VA provided health care to more than 100,000 homeless veterans and other services to over 60,000 veterans in its specialized homeless programs. The Bush Administration’s proposed FY 2009 Budget seeks to double the amount of funding announced to provide an additional $75 million to support the housing and service needs of an additional 10,000 homeless veterans across America. Local communities or “Continuums of Care” that receive HUD homeless assistance will work with local VA Medical Centers to identify eligible participants. The VA will then screen homeless veterans to determine their eligibility. Those eligible vets will receive treatment and regular case management to retain the voucher. VA Medical Center case managers will also work closely with local housing agencies to help participants find suitable housing. Participating PHAs will also determine income eligibility in accordance to HUD regulations for the HCV program. [Source: TREA Washington Update 18 Apr 08 ++]

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The Defense Finance and Accounting Service (DFAS) is reviewing all military retiree accounts affected by Section 1452(j) of Title 10 U.S. Code, commonly referred to as “Paid-up SBP.” Under the law, reductions in retired pay for the Survivor Benefit Plan will be terminated effective 1 OCT 08 for eligible retirees. The law applies to retired members who are 70 years old and have paid SBP or Retired Serviceman’s Family Protection Plan premiums for at least 360 months, or 30 years. Retirees who are at least 70 years old and have paid at least 360 months of premiums on 1 OCT will have their monthly premiums terminated. The change will be reflected in the NOV 08 pay statement. If a retiree does not meet the eligibility criteria on 1 OCT, the premiums will stop when the retiree has met both criteria: reached age 70 and paid SBP premiums for 360 months. Eligible retirees will be notified by the DFAS via mail regarding the status of their account and premium payment count. [Source: DFAS Release No. 04-07-08 dtd 18 Apr 08 ++]

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The Senate passed a large housing package aimed at increasing housing opportunities for veterans and offering mortgage relief for returning servicemembers. It also increased VA Home Loan limits to the levels offered in the Economic Stimulus package for other federal home loans. The bill now moves to the House for action. The Dodd-Shelby Housing bill includes:

• An increase in the length of time a lender must wait before starting foreclosure involving a returning servicemember, from three to nine months.

• One year of relief from increases in mortgage interest rates for returning servicemembers.

• The establishment of a counseling program carried out by DOD to assist servicemembers and veterans with financial issues.

• Eligibility for VA-provided home improvement and structural alteration payments to totally disabled members of the Armed Forces before their discharge or release from the Armed Forces.

• Extension of specially adapted housing benefits to certain veterans and servicemembers with severe burns

[Source: VFW Washington weekly 18 Apr 08 ++]

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A new study released 17 APR by the RAND Corp. estimates 300,000 U.S. troops are suffering from major depression or post-traumatic stress disorder as a result of serving in the wars in Iraq and Afghanistan, and 320,000 received brain injuries. Of these only about half have sought treatment. The 500-page study is the first large-scale, private assessment of its kind — including a survey of 1,965 service members across the country, from all branches of the armed forces and including those still in the military as well as veterans who have left the services. Its results appear consistent with a number of mental health reports from within the government, though the Defense Department has not released the number of people it has diagnosed or who are being treated for mental problems.

The Department of Veterans Affairs said in APR that its records show about 120,000 who served in the two wars and are no longer in the military have been diagnosed with mental health problems. Of the 120,000, about 60,000 are receiving PTSD treatment. VA is responsible for care of service members after they have left the service, while the Defense Department covers active-duty and reservist needs. Terri Tanielian, the project’s co-leader and a researcher at the nonprofit RAND said in an interview with The Associated Press, “The lack of information from the Pentagon was one motivation for the RAND study. There is a major health crisis facing those men and women who have served our nation in Iraq and Afghanistan. Unless they receive appropriate and effective care for these mental health conditions, there will be long-term consequences for them and for the nation.”

The most prominent and detailed military study on mental health that is released is the Army’s survey of soldiers at the warfront. Officials said last month that its most recent one, done last fall, found 18.2% of soldiers suffered a mental health problem such as depression, anxiety or acute stress in 2007 compared with 20.5% the previous year. The Rand study, completed in January, put the percentage of PTSD and depression at 18.5%, calculating that about 300,000 current and former service members were suffering from those problems at the time of its survey. The figure is based on Pentagon data that show more than 1.6 million military personnel have deployed to the conflicts since the war in Afghanistan began in late 2001. RAND researchers also found:

• About 19%, or 320,000 service members, reported that they experienced a possible traumatic brain injury while deployed. In wars where blasts from roadside bombs are prevalent, the injuries can range from mild concussions to severe head wounds.

• About 7% reported a probable brain injury and current PTSD or major depression.

• Only 43% reported ever having been evaluated by a physician for their head injuries.

• Only 53% of service members with PTSD or depression sought help during the past year.

• Various reasons were given for not getting help, including that they worried about the side effects of medication; believe family and friends could help them with the problem; or that they feared seeking care might damage their careers.

• Rates of PTSD and major depression were highest among women and reservists.

The report is titled “Invisible Wounds of War: Psychological and Cognitive Injuries, Their Consequences, and Services to Assist Recovery.” It was sponsored by a grant from the California Community Foundation and done by 25 researchers from RAND Health and the RAND National Security Research Division, which also has done work under contracts with the Pentagon and other defense agencies as well as allied foreign governments and foundations. [Source: ArmyTimes AP article by Pauline Jelinek posted 18 Apr 08 ++]

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The current flu season has shaped up to be the worst in four years, partly because the vaccine didn’t work well against the viruses that made most people sick, health officials said 18 APR. This season’s vaccine was the worst match since 1997-1998, when the vaccine didn’t work at all against the circulating virus, according to the Centers for Disease Control and Prevention (CDC). The 2007-2008 season started slowly, peaked in mid-February and seems to be declining, although cases are still being reported, CDC officials said. Based on adult deaths from flu and pneumonia, this season is the worst since 2003-2004 - another time when the vaccine did not include the exact flu strain responsible for most illnesses. Each year, health officials - making essentially an educated guess - formulate a vaccine against three viruses they think will be circulating. They guess well most of the time, and the vaccine is often between 70 and 90% effective. But this year, two of the three strains were not good matches and the vaccine was only 44% effective, according to a study done in Marshfield WI which seemed to match the experience in other parts of the country.

The CDC compares flu season by looking at adult deaths from the flu or pneumonia in 122 cities. This year, those deaths peaked at 9% of all reported deaths in early March, and remained above an epidemic threshold for 13 consecutive weeks. In 2003-2004, they peaked at more than 10% of all deaths, and surpassed the epidemic threshold for nine weeks. Pediatric deaths are another way flu seasons are compared. So far this season, 66 children died, including 46 who were not vaccinated. In 2003-2004, 153 children died. Each year, the flu results in 200,000 hospitalizations and 36,000 deaths, according to official estimates. The elderly, young children and people with chronic illnesses are considered at greatest risk.

Type B Florida strain, also absent from this year’s vaccine, has also been causing illness. Marshfield data showed that the vaccine was completely ineffective against the Type B virus, and was 58% effective against the Brisbane virus.

The deputy director of the CDC’s influenza division acknowledged that some people may lose faith in the flu vaccine and skip it next year. But he noted even this year’s mismatched vaccine still offered 44% protection overall and likely reduced the severity of illness in those who got the flu. The Marshfield study and a flu season update are published in a CDC publication, Morbidity and Mortality Weekly Report. The CDC started working with the Marshfield Clinic in central Wisconsin to get a better gauge of vaccine effectiveness while a flu season was in progress. Almost the entire population in the Marshfield area - about 50,000 people - gets health care at clinic offices, which has complete vaccination and electronic medical records. This year, most of the illness has been due to Type A H3N2 Brisbane strain, which was not in the vaccine. That strain tends to cause more hospitalizations and deaths, contributing to this season’s severity, CDC officials said. [Source: ABC News AP Medical Writer Mike Stobbe article 17 Apr 08 ++]

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The Department of Defense announced 21 APR that campaign stars are authorized for wear on the Afghanistan Campaign Medal (ACM) and Iraq Campaign Medal (ICM). The campaign stars recognize a service member’s participation in DoD designated campaigns in Afghanistan and Iraq. Service members, who have qualified for the ACM or ICM, may display a bronze campaign star on their medal for each designated campaign phase in which they participated. The stars will be worn on the suspension and campaign ribbon of the campaign medal. Those eligible should contact their respective Military Departments for specific implementation guidance. The three campaign phases and associated dates established for the ACM are:

(1) Liberation of Afghanistan – Sep. 11, 2001 to Nov. 30, 2001.

(2) Consolidation I – Dec. 1, 2001 to Sep. 30, 2006.

(3) Consolidation II – Oct. 1, 2006 to a date to be determined.

The four campaign phases and associated dates established for the ICM are:

(1) Liberation of Iraq – March 19, 2003 to May 1, 2003.

(2) Transition of Iraq – May 2, 2003 to June 28, 2004.

(3) Iraqi Governance – June 29, 2004 to Dec. 15, 2005.

(4) National Resolution – Dec. 16, 2005 to a date to be determined.

[Source: DoD Press Release No. 321-08 dtd 21 Apr 08 ++]

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