• ‘Social Security doesn’t even cover my entire rent.’ How retirees say Congress should change benefits

    Social Security 003

     

    • Retirement is supposed to be a time to enjoy the proceeds of your working years.
    • For those who rely on Social Security for most of their income, many are just scraping by.
    • Congress is looking at ways to help change that.

    It’s no secret that Social Security is underfunded, and many Americans are struggling to scrape by on their monthly benefit checks.

    Now, congressional leaders have raised a key question on reforming the program.

    “Should we vote now or should we kick the can down the road?” said Rep. John Larson, D-Conn., during a House Ways and Means Social Security subcommittee meeting this week.

    Larson, who serves as chair of the subcommittee, posed the question to Julian Blair, a Washington, D.C., resident, retiree and Veteran, who testified during the hearing.

    “Congressman, I say we should have voted yesterday,” Blair said.

    The exchange highlights the issue facing lawmakers now that President Joe Biden is in office, with Democrats also controlling the House and Senate: How soon can they address Social Security reform?

    Biden ran on a campaign platform touting big Social Security changes. Among his proposals is raising the minimum Social Security benefit to 125% of the federal poverty level. He also wants to eliminate rules that reduce benefits for those who also have certain kinds of pension income, known as the Windfall Elimination Provision and Government Pension Offset.

    Larson has also put forward his own proposal, called the Social Security 2100 Act, which aims to expand benefits while extending the program’s solvency into the next century.

    Both Biden’s and Larson’s plans would require some payroll tax increases, particularly for high earners, with the goal of providing bigger benefits to lower earners.

    “To the shame of this nation, millions have worked all their lives, paid into a system and receive a below-poverty-line check from Social Security,” Larson said at the hearing.

    Currently, 4-in-10 Social Security beneficiaries rely on those benefits for most of their income, Larson said. The average retired worker receives $18,500. Yet others receive payments below the poverty line — $12,880 — particularly women and minorities.

    For Americans collecting Social Security who struggle to make ends meet, changes to increase the minimum benefit and get rid of rules that reduce monthly checks for those who also have pension income cannot come soon enough.

    That includes Blair, who started contributing to Social Security at age 15 while working summers at a tomato factory in Virginia. He went on to serve in the Air Force and Army and fought in Thailand during the Vietnam War. Following his military service, he held various positions at Corning Glass Works.

    Today, Blair calls Social Security “a critical part of my income.” But it still is not enough.

    “Though I worked and contributed my entire life, my Social Security benefit is far too low to cover my monthly expenses,” Blair said during his congressional testimony.

    “In fact, my Social Security doesn’t even cover my entire rent,” he said. “Thankfully, because of my military service, I also receive a military pension. So, I do okay, but not everyone is so fortunate.”

    Covering expenses is also an issue for Kitty Ruderman, of Queens, New York, who relies on Social Security for the bulk of her income now that she is retired from her career as a legal secretary and administrative assistant.

    “My rent alone exceeds my monthly Social Security payments,” Ruderman said. “I find myself skimping so much, watching where the pennies go. I have to be so very careful or I will soon eat up my meager savings, which I desperately need to supplement Social Security.”

    It has become even more difficult to get by this past year, with prices for prescription drugs and groceries skyrocketing and Social Security benefits not keeping pace, she said.

    Getting by is also a struggle for those whose benefits have been reduced by the Windfall Elimination Provision, according to Mary Widmier, a Houston-based retiree who worked in public education for 36 years.

    Widmier started working at age 16 and went on to attend the University of Houston and become a math teacher. Her career led to other roles, including high school assistant principal, director of staff development and superintendent of human resources.

    Widmier also worked in the private sector for 21 years. However, the Social Security benefits she earned during that time are reduced due to the Windfall Elimination Provision. She receives less than $120 per month, which goes automatically to cover her Medicare Part B coverage.

    There are thousands of people with similar stories, Widmier said.

    Most public servants, including teachers, take less money than they could otherwise earn working in other industries. Now, they face reduced retirement income.

    “We are not asking for more than we paid into the system,” Widmier said. “We are simply asking for a more equitable formula.”

    Two separate bills sponsored by Reps. Richard Neal, D-Mass., and Kevin Brady, R-Texas, could help change that, Widmier said.

    A separate proposal, the Social Security Fairness Act, also has broad support.

    The Alliance for Retired Americans announced on Thursday that a petition backing the bill has been signed by about 77,800 retirees. The legislation would eliminate the Windfall Elimination Provision and the Government Pension Offset, which reduces Social Security benefits for certain spouses, widows or widowers who also have federal, state or local pensions.

    Admittedly, it may prove difficult to push through a broad Social Security reform bill that addresses all of the issues the program faces and also draws enough support from both sides of the aisle.

    Consequently, Rep. Tom Reed, R-N.Y., suggested that lawmakers put together legislation including issues they can agree on now, such as protecting widows’ benefits.

    “Rather than waiting for the perfect bill, go with what we can agree upon today,” Reed said.

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  • 7 Important Benefits Veterans’ Survivors Should Know

    7 Important Benefits

     

    From health care to education, help is available to military families

    Felicia Mullaney remembers trying to help the widow of a veteran who had died at a young age of cancer.

    The widow was attempting to claim a state property tax break that was designed to help veterans and their survivors, but there was a problem. To qualify, she needed proof that her husband had been totally disabled, but her husband had never applied to the U.S. Department of Veterans Affairs (VA) for a total disability rating before he died.

    As a result, the widow could not get the benefit.

    “We’re seeing a lot of people not aware’’ of what they need to do to claim benefits, says Mullaney, deputy director of veteran benefits for Vietnam Veterans of America. “It’s a pretty common problem.’’

    Jim Marszalek, national service director for Disabled American Veterans, is familiar with the problem. He says that even though the VA conducts classes for service members before they leave the military to acquaint them with benefits, many service members are focused on immediate concerns, not on benefits that might help them and their families in the future.

    “When you get out, it’s stressful. You want to look for a job and move on,’’ he says.

    Plus, Marszalek says, many benefits hinge on having a condition that the VA labels a disability, and “there’s a stigma associated with disability.’’

    Such feelings, combined with the complicated rules involved in qualifying for benefit programs, often mean that survivors of veterans end up like the widow whom Mullaney was trying to help, missing out on benefits they deserve, experts say.

    Some of the most important benefits that survivors should explore include:

    Compensation for survivors

    Dependency and Indemnity Compensation (DIC) is one of the most valuable benefits available to veterans’ survivors. People who meet the criteria for DIC can get as much as tens of thousands of dollars a year in tax-free payments.

    The program provides lifetime benefits ranging from about $1,280 a month to $2,940 a month to eligible surviving spouses, depending on the deceased veteran’s pay grade. Additional payments are available for dependent children. Some parents of deceased veterans also may get benefits if their income is low.

    DIC payments are not automatic, and not everyone is eligible. Survivors must apply for the benefit, and the sooner they do it, the better. If they apply more than 12 months after the service member’s death, payments are retroactive only to the date they applied, not the date the veteran died.

    The program is designed to compensate survivors when service members die during their service, or as a result of a service-connected disability. It also compensates survivors in cases where veterans die from a cause unrelated to their service but were rated by the VA as being totally disabled from a service-connected disability for a certain amount of time immediately before their death.

    Experts cite the program as one of the reasons veterans should apply for total disability ratings as soon as they are eligible.

    “If you don’t have permanent and total, try to get it,’’ says Mullaney. “Don’t wait until you think you are dying.”

    Health care

    Another valuable benefit available to eligible survivors is comprehensive health coverage from the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). Under this program, the VA shares the cost of most health care services and medical supplies that it considers necessary for eligible surviving spouses and children. In most cases, eligibility for the coverage depends on the degree of a veteran’s service-connected disability.

    Comprehensive health coverage is also available under the VA’s Spina Bifida Health Care Benefits Program to children of Vietnam veterans and certain Korean War veterans who have been diagnosed with spina bifida.

    More limited health coverage is available in specific situations. For example, service members’ spouses and children who lived at Camp Lejeune between August 1953 and the end of 1987 can get reimbursement for certain out-of-pocket health care costs because of contaminated drinking water there. The benefit applies to treatment of 15 specific illnesses and medical conditions, including several forms of cancer, infertility and miscarriage.  

    Another targeted health benefit applies to children with certain birth defects other than spina bifida who were born to female Vietnam veterans. The Children of Women Vietnam Veterans (CWVV) Health Care Benefits Program covers services necessary for treatment of the covered birth defect and associated medical conditions.

    Education and training

    Substantial financial help is available for survivors of service members interested in pursuing education or vocational training. The government in some cases will pay all or a large part of tuition costs for college and other educational programs.

    Two key programs that eligible surviving spouses and children should explore are the Fry Scholarship and the Survivors' and Dependents' Educational Assistance (DEA) Program.

    Under the Fry program, the government pays the full cost of in-state tuition at public institutions, or more than $20,000 a year toward the cost of tuition at private institutions, as well as a monthly housing allowance, and an annual stipend for books and supplies. This scholarship, paid directly to the school, was expanded to include surviving spouses in 2014.

    Eligible survivors who choose the DEA program instead of the Fry scholarship can get a monthly check sent directly to them to pay educational costs. The maximum amount for full-time students currently is about $1,200 per month.

    The DEA and Fry programs can be used for college, vocational and business technical programs, apprenticeship programs, certification tests and tutoring.

    Recent legislation also has made it easier for survivors to transfer benefits under the GI Bill after the death of service members.

    Eligibility for educational benefits depends on factors including the circumstances of veterans’ deaths, ages of the dependents and marital status of spouses.

    Home loans

    Surviving spouses who meet certain criteria can get a VA-guaranteed home loan to buy, build or improve a home or to refinance a mortgage.

    VA loans have important advantages over other home loans. In most cases, the buyer does not have to make a down payment on the home. Home buyers using these loans also do not have to pay monthly mortgage insurance premiums.

    For those who are refinancing, one option is a cash-out refinance loan, which enables homeowners to get cash from the equity in the home and use it, for example, to pay off debt, pay for education or make home improvements.

    Pension

    Survivors of veterans who served during wartime can apply to receive a tax-free pension, known as a Survivors Pension or Death Pension. The pension provides a monthly payment to surviving spouses with modest incomes who have not remarried. The benefit is also available to unmarried dependent children of wartime veterans.

    The amount of the pension is set each year by Congress and eligibility is determined by a complex calculation that considers net worth as well as various kinds of income and expenses. What counts as income can be reduced, for example, by certain expenses, such as unreimbursed medical care. For surviving spouses without a dependent child, the maximum annual pension is currently about $9,000.

    Those who are homebound or who require assistance for basic daily activities may qualify for an additional payment.

    Burial benefits

    Eligible veterans and their spouses and dependents can be buried in one of the 136 national cemeteries maintained by the VA. Burial benefits for veterans in these cemeteries include opening and closing of the grave, perpetual care, a Government headstone or marker, a burial flag, and a Presidential Memorial Certificate (PMC), at no cost to the family. Burial benefits available for spouses and dependents buried in a national cemetery include burial with the veteran, perpetual care of the gravesite, and the spouse or dependents' names and dates of birth and death inscribed on the veteran's headstone, at no cost to the family. Eligible spouses and dependents may be buried in a VA national cemetery even if the veteran is not buried there.

    When veterans are buried at private cemeteries, the government provides a headstone or marker, a burial flag, and a PMC. The VA also may pay for some of the burial and funeral expenses. Many states have state veteran cemeteries, which may have residency requirements.

    Life insurance

    Veterans who receive a disability rating connected to their service can qualify for a Service-Disabled Veterans Insurance (S-DVI) life insurance policy, which provides up to $10,000 of coverage. Veterans who are totally disabled are eligible to have their premiums waived.

    Totally disabled veterans who are approved for a premium waiver can apply for up to $30,000 in additional coverage, but premiums for the supplemental coverage cannot be waived.

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  • 73-Year-Old Fayetteville Man Sentenced to 5 Years of Probation for Obtaining Almost $1M in VA Benefits Through Fraud

    Willie Dosher Cain

     

    WINSTON-SALEM, N.C. – A man who pleaded guilty to obtaining healthcare benefits from the Department of Veterans Affairs through fraud was sentenced yesterday, announced Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina.

    WILLIE DOSHER CAIN, 73, of Fayetteville, North Carolina, pleaded guilty on June 17, 2020, to one count of embezzlement. On January 5, 2021, United States District Judge Thomas D. Schroeder sentenced CAIN to five years of probation and ordered him to perform 250 hours of community service. Judge Schroeder cited the ongoing Covid-19 pandemic and the defendant’s age and prior military service as factors in determining the sentence. CAIN was also ordered to pay $903,668.08 in restitution and a forfeiture money judgment in the amount of $150,000, and forfeited $155,041.30 in cash, a modified 2018 Toyota Sienna van, and a mobility scooter. In a related civil forfeiture action, CAIN forfeited a Carolina Beach condominium.

    According to documents filed with the court, CAIN, a US Army and Fayetteville Police Department Veteran, represented to the VA that as a result of shrapnel wounds sustained in Vietnam in 1965, he had suffered the loss of use of both legs, as well as loss of bowel and bladder control, that he was unable to perform daily activities such as dressing and bathing without assistance, and that he was dependent on a wheelchair or motorized scooter for mobility. Filed documents further state, however, that CAIN in fact maintained an active lifestyle throughout this time, including working as a firearms and concealed carry instructor, enjoying beach activities, playing basketball, dancing, and attending social events. He also bought a condominium at Carolina Beach on the third floor of a building which had no elevator. The investigation revealed that as a result of his false claims, CAIN received hundreds of thousands of dollars of VA benefits to which he was not entitled, in the form of direct payments for aid and attendance, modifications to his home, and the purchase and adaptation of vehicles.

    This case was investigated by the Veterans Affairs – Office of the Inspector General. It was prosecuted by Assistant United States Attorneys Frank J. Chut and Meredith Ruggles.

    Source

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  • A Marine Veteran was denied his disability benefits for 40 years. He sued the VA and won

    Marine Vet Denied

     

    'It's unfortunate it took decades to ultimately resolve this case'

    A Marine Veteran with service-connected Post Traumatic Stress Disorder has finally won the benefits to which he was entitled after waging a 40-year battle against the Department of Veterans Affairs.

    The Veteran, who has asked to remain anonymous, was recently awarded $282,000 in retroactive disability pay and will receive $3,000 per month in disability compensation going forward, according to the Northwest Justice Project, a publicly-funded legal aid program in Washington state.

    “It’s unfortunate it took decades to ultimately resolve this case,” said Jennifer Budinick, an attorney who represented the Marine Veteran. “Despite ongoing hardships and health issues, our client persevered through a complex and mishandled process. The claims process is designed to be Veteran-friendly, but often leaves Veterans frustrated and confused.”

    The Veteran served in the Marine Corps as a rifleman based at Camp Lejeune, North Carolina, from 1977 to 1981, said Mariah Hanley, another attorney from the Northwest Justice Project who worked on the case.

    He deployed to Puerto Rico in 1979, which was a volatile time in the island’s history, Hanley said. The Organization of Volunteers for the Puerto Rican Revolution and other militant groups were launching attacks on service members as part of a violent effort to obtain independence.

    In October 1979, the group bombed several U.S. government facilities, and that December the group took part in an ambush of a Navy bus at Sabana Seca that left two Navy personnel dead and nine others wounded, according to the FBI.

    For the Veteran, Puerto Rico was more like a combat zone than an American territory.

    “His unit was repeatedly targeted while in Puerto Rico; he was shot at while traveling between bases on the island,” Hanley said.

    “His base also received incoming fire intermittently during the time he was in Puerto Rico, which caused the base- and our client- to be on high alert at all times, which our client recalls was incredibly stressful,” she continued.

    When the Veteran returned home, things got even worse, Hanley said. He suffered a series of family tragedies including losing a family member, who was murdered. As a result, he started going absent without leave and was ultimately kicked out of the Marine Corps with a separation that made him ineligible for Veterans’ benefits.

    “A VA [Department of Veterans Affairs] examiner said that these overlapping traumas ‘interfered with the Veteran’s ability to maintain the assigned duties of his military service, as evidenced by continued AWOL offenses; and contributed to a character of discharge identified as Under Other than Honorable Conditions,’” Hanley said.

    The Veteran battled thoughts of suicide for the first year out of the Marine Corps but then began a decades-long legal battle to be compensated for his PTSD, according to the Northwest Justice Project. In 2020, the Department of Veterans Affairs finally acknowledged that the actions for which he was given an Other than Honorable Discharge were the result of untreated service-connected mental health issues, but he was once again denied when he asked for compensation.

    At that point, Hanley and Budinick became involved in the case and successfully appealed the Department of Veterans Affairs denial of benefits. The Veteran was initially awarded $216,000 in retroactive benefits and another $3,142 per month – quadruple his monthly income – going forward.

    However, the two attorneys appealed again because they believed the Veteran deserved more. They won and he was ultimately awarded a total of $282,000 in retroactive compensation.

    “His discharge has not been upgraded, but the VA did determine that his service was honorable for the purposes of VA benefits- what’s known as a VA character of discharge determination. It doesn’t change the DD-214, but it grants eligibility for healthcare and benefits,” Hanley said.

    Hanley said the victory is bitter-sweet because so many Veterans’ claims are languishing in a bureaucratic backlog.

    “The VA has recently struggled to get the backlog of undecided claims under control; out of a total 625,000 open claims, about 255,000 have been pending for more than 125 days,” according to a news release from the Northwest Justice project.

    VA spokesman Terrence Hayes acknowledged that as of November the department had a backlog of roughly 258,000 disability claims – and an increase since January – due to a federal court’s ruling last year that the VA must review the denied claims of thousands of Vietnam War Veterans who are suffering from diseases that may have been caused by exposure to Agent Orange.

    That’s why the VA is hiring up to 2,000 new employees to process claims and taking other steps that are meant to reduce the backlog to 100,000 claims by the middle of fiscal 2024, Hayes said.

    For many Veterans, resolving those outstanding claims cannot happen soon enough.

    “Delays harm Veterans with disabilities who desperately need the financial stability of VA benefits, especially as the country continues to battle the economic impacts of COVID-19,” Hanley said.

    Source

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  • Additional Benefits for 100 Percent Disabled Veterans

    Additional Benefits

     

    Once you have been awarded a 100 percent disability rating, whether that be a 100 percent schedular rating or TDIU, you may be wondering if there are any additional benefits that you may be entitled to through the U.S. Department of Veterans Affairs.

    The answer to that questions is “yes!”

    There are several different benefits that you may be eligible for as a disabled Veteran rated at the 100 percent rate. Today we will discuss the different Veterans benefits you may be entitled to.

    What Is a 100 Percent Disability Rating?

    First, you need to understand what a 100 percent disability rating is. To be 100 percent disabled by the VA means that you are totally disabled and receive the maximum amount of disability compensation each month. The VA uses disability ratings to measure the severity of your service-connected disabilities.

    These ratings are on a scale from 0 percent, which is a non-compensable rating, to a 100 percent schedular rating. This is when all your service-connected conditions combined make a 100 percent rating or a single service-connected condition is assigned a 100 percent disability rating. You can also get paid at the 100 percent rate with Individual Unemployability benefits.

    What Other Benefits Are You Entitled to with a 100 Percent Rating?

    As mentioned above, there are several benefits that Veterans rated at 100 percent may be eligible for. Family members, including spouses and dependent children, of Veterans may also be eligible for these benefits. These benefits are in addition to your monthly payments for VA disability benefits.

    Priority Group 1 for Health Care

    When you sign up for VA health care, you will be assigned a priority group. These priority groups are numbered 1 through 8 and each group is used to help make sure that Veterans who need to be seen right away, will be able to be signed up quickly. Each priority group can affect each Veteran differently. The priority group you are assigned to may affect how soon you are signed up for health care and how much you will need to pay for the cost of your care.

    Veterans who are already service connected, are assigned the highest priority. You may be assigned to Priority Group 1 if you have been rated at 50 percent combined rating or more; or have a service-connected disability that they have concluded makes you unemployable; or have received the Medal of Honor (MOH).

    As a Veteran who is rated at the 100 percent rate, it is likely, you will be assigned to Priority Group 1 for VA health care purposes. To learn more about the different priority groups and who you can contact if you have any questions, please click this link.

    Emergency Care Outside of the VA

    If you must be seen at a medical facility outside of the VA for a service-connected disability, the VA may be able to pay for the care you receive. For the VA to pay for care outside of the VA on an emergency basis there is a certain criterion that must be met:

    1. Care or services must be provided in a medical emergency and,
    2. VA or another federal facility were not feasibly available, and
    3. You must notify the VA within 72 hours of the admission for emergency services.

    In order to have the VA pay for the emergency service, you must file a claim for reimbursement as soon as possible because there are time limits that may apply.

    Dental Care Benefits

    VA dental care benefits are available to former armed service members who have a service-connected disability rated at 100 percent disabling, or receive Total Disability Based on Individual Unemployability (TDIU) due to their service- connected disabilities. The eligibility for dental benefits is categorized by class. The class for totally disabled Veterans is Class IV and you would be eligible for any needed dental care.

    Vision Care and Hearing Aids for Veterans

    The VA may be able to cover the cost for your eyeglasses, your routine eye examinations and preventative care. For the VA to cover the cost of your eyeglasses, you must have a compensable service-connected disability, or are a former prisoner of war, or were awarded a purple heart, or receive benefits under Title 38 United States Code (U.S.C.) 1151, or receive an increased pension based on your permanent housebound status and are in needs of regular aid and attendance.

    The VA can pay for basic optometry services if you already have established health care benefits with the VA. You can also receive visual rehabilitation or advanced eye care services low vision and blindness.

    In order to receive hearing aids other assisted hearing devices, you must first qualify for VA health benefits. You can schedule an appointment to be evaluated for your hearing and an audiologist will make a clinical determination on the need for hearing aids and/or hearing assistive devices. If hearing aids are recommended by the audiologist, if you are enrolled and eligible for VA health care, the hearing aids, repairs and future batters will be no cost to you.

    CHAMPVA Benefits

    The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a medical benefits program in which the VA shares the cost of certain health care services and supplies with eligible beneficiaries. CHAMPVA provides coverage to the spouse or widow/widower and to the children of a Veteran who is rated permanently and totally disabled due to a service-connected disability or was rated permanently and totally disabled due to a service-connected disability at the time of death, or died of a service-connected disability, or died on active duty and the dependents are not otherwise eligible for Department of Defense TRICARE benefits.

    Specially Adapted Housing Program

    The VA offers housing grants for Veterans with service-connected disabilities so that they can buy or change a home to meet their needs and their disabilities. Because this is a grant program, you do not have to pay back the grant you are awarded. If you need a ramp for easy wheelchair accessibility or to simply make it easier for you to get in, out and around your home, you can apply for the Specially Adapted Housing (SAH) Grant. With this grant, you can use the money to buy, build, or change your permanent home. You need to meet the following criteria:

    • Own or will own the home, and
    • Have a qualifying service-connected disability

    A qualifying service-connected disability can include the loss of use of more than one limb, the loss of use of a lower leg along with the residuals of an organic disease or injury, blindness in both eyes, certain severe burns, the loss or loss of use of one lower extremity (foot or leg) after September 11, 2001, which makes it so you cannot balance or walk without the help pf braces, crutches, canes, or a wheelchair.

    You may also be able to get a Special Home Adaptation (SHA) Grant with the same criteria as above and have qualifying service-connected disabilities such as the loss or loss of uses of both hands, certain severe burns, or certain respiratory or breathing injuries.

    Dependents Education Assistance Program

    The VA’s Dependent’s Educational Assistance program can provide education benefits for spouses and children of permanently disabled Veterans for up to three years and nine months. These benefits can be used by spouses and children to pursue working training programs, apprenticeship, degree or certificate. Spouses may be entitled to be reimbursed for the cost of correspondence courses.

    Veteran Readiness and Employment

    Veteran Readiness and Employment (VR&E), formerly Vocational Rehabilitation and Employment, provides job training and other services to eligible Veterans with service-connected disabilities to help prepare them for and maintain employment or achieve independent daily living. An eligible Veteran is one with a service-connected disability rating of at least 20 percent with an employment handicap, or rated at 10 percent with a serious employment handicap, and he discharged from military service under other than dishonorable conditions. You can learn more about this program at VA.gov.

    Space-A Flights

    100 percent disabled Veterans can fly Space Available flights or Space-A flights for free. The Space-A Program sills extra seating capacity on DoD aircrafts. Air Mobility Command (AMC) has an extensive network of flights throughout the continental United States, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa. You will need to obtain a DD Form 2765, Department of Defense/Uniformed Services Identification and Privilege Card (TAN) before taking a flight.

    If you are looking for a flight, you should review schedules at AMC passenger terminals.

    Commissary and Exchange Benefits

    Veterans who have a 100 percent disability rating, their dependents and unmarried surviving spouses are entitled to unlimited commissary and exchange store privileges. The VA can aid in completing a DD Form 1172, Application for Uniformed Services Identification and Privilege Card, which you will need to access these benefits.

    If you have questions about your benefits, your Veterans service officer (VSO) at your VA regional office is available to help with your application.

    Are There State Benefits Available?

    There are multiple state benefits available to 100 percent disabled Veterans. Each state has its own set of benefits and can range from health care benefits, hunting and fishing license exemptions, free passes to state parks and property tax exemption. You can also be eligible for specialized license plates.

    For more specific information on the benefits available in your state and enrollment details, please click here.

    Have Questions About Your VA Benefits?

    If you’re a Veteran rated at 100 percent and have questions about your eligibility for Veterans benefits, the team at Hill & Ponton is available to help. Our social security and Veterans disability attorneys are committed to helping former service members and their families obtain benefits. Contact us today for a free case evaluation.

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  • Advocates begin 'final push' to get benefits for Vietnam War Veterans

    VNV Benefits 002

     

    WASHINGTON — National Veterans organizations launched a “final push” Thursday for Congress to grant Department of Veterans Affairs benefits to tens of thousands of Vietnam War Veterans believed to be suffering the effects of Agent Orange.

    The effort, led by Rep. Josh Harder, D-Calif., is designed to put pressure on lawmakers to publicly support the Fair Care for Vietnam Veterans Act. The measure was added to the Senate’s annual defense bill last month but didn’t make it into the House’s version because of cost concerns, Harder said. It must survive negotiations between House and Senate lawmakers before becoming law.

    “People on the other side of this issue, their position is so indefensible that they don’t want to be seen fighting against this,” Harder said Thursday on a call with Veterans groups. “Our job is to draw them out and shine sunlight on this issue.”

    The bill would approve benefits for Vietnam War Veterans suffering from bladder cancer, hypothyroidism and Parkinson’s-like symptoms — conditions thought to be caused by exposure to the chemical herbicide Agent Orange. The bill would add the diseases to the VA presumptive list, which lowers the amount of proof Veterans must provide in order to receive VA benefits.

    Navy Veteran Lyle Ducheneaux, who spoke on the call Thursday, served as a machinist mate aboard the USS Blue Ridge during the Vietnam War. He was diagnosed with bladder cancer in 2015, making him one of five Veterans from his division that have the disease, he said. Ducheneaux has undergone two operations and multiple treatments. He’s relapsed twice.

    Ducheneaux applied for VA benefits but was rejected. He’s appealed that decision multiple times and is now waiting for his case to be heard by the Board of Veterans’ Appeals.

    “I’m now on my third or fourth denial,” he said. “I lost track of how many times at this point. Last time I checked, I’m number 125,800 on the docket to be reevaluated again. If I’m not dead by that time, well… something might come of it.”

    Harder said he wants Ducheneaux’s story – and others like it – to get the attention of lawmakers who are against the measure.

    “I want to make sure everybody understands what’s at stake here,” Harder said. “Everybody talks a big game about helping Veterans, but congressmen and senators of both parties have failed to provide the support our Veterans deserve.”

    Harder plans to send a letter this week to the House lawmakers who were selected to negotiate on the fiscal 2021 National Defense Authorization Act. The letter asks them to include the measure in the final version of the defense bill.

    Further, the Veterans of Foreign Wars, American Legion, Vietnam Veterans of America and Military Officers Association of America tasked their members with calling their representatives and urging their support.

    “With this NDAA, we have an incredible opportunity to make things right,” said retired Lt. Gen. Dana Atkins, CEO of Military Officers Association of America. “Veterans suffering now can’t wait for further studies like the VA has proposed, nor should they have to.”

    While the VA secretary has the power to add the conditions to the presumptive list, Robert Wilkie said earlier this year that he wouldn’t make a decision about the conditions until at least the end of 2020, , when results of two more scientific studies on the issue are expected to be published.

    Advocates, however, think there is already enough evidence.

    In 2018, researchers with the National Academies of Sciences, Engineering and Medicine determined there was “suggestive” evidence linking Agent Orange exposure to hypothyroidism.

    A 2016 report from the academies determined that there was “limited” or “suggestive” evidence linking Agent Orange to bladder cancer. That year, the academies also clarified that Parkinson-like symptoms should be considered as part of Parkinson’s disease, which is on the list of presumptive diseases.

    Previous efforts were made by former VA secretaries to add the conditions. Under former VA Secretary David Shulkin, the agency recommended in 2016 the addition of bladder cancer, hypothyroidism and Parkinson’s-like tremors to the presumptive list. Shulkin’s recommendation never made it past OMB. Lawmakers were told at the time that OMB was waiting on the results of more scientific studies.

    OMB and Mick Mulvaney, its director at the time, objected to the recommendation. In addition to a lack of scientific evidence, OMB had concerns about the budget implications of expanding access to VA benefits to the thousands of Veterans diagnosed with the conditions, Military Times reported, citing emails between Shulkin and OMB.

    Seven national Veterans groups wrote to President Donald Trump in February and asked him to intervene. They criticized the VA for dragging its feet.

    It’s uncertain when negotiations on the annual defense measure will be finalized, but it’s likely to happen around the end of the year, Harder said. Trump has threatened to Veto the bill if it includes language that would remove Confederate names from military installations.

    Source

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  • Agent Orange and cancer: Veteran dies 1 month after VA reverses denial of benefits

    Keith Brown

     

    WINTER HAVEN, Fla. - Cindy Brown is pressing the U.S. Congress and the Veterans Health Administration to ramp up cancer screening for Veterans exposed to Agent Orange. She said her husband Keith’s experience illustrates the need for reform.

    As a sergeant in Vietnam, Keith Brown loaded Agent Orange herbicide onto aircraft. The Army told him it was safe, and he was exposed to it for years.

    "We were playing just like we would be playing with water hoses," he said.

    After he came home, Keith learned Agent Orange was toxic -- known to cause numerous health problems, including cancer. He first endured heart problems and tissue damage as his knees, shoulder, and hip degenerated.

    For years, the Browns complained of excessive drive times from their home in Winter Haven to Tampa, and wait times for medical appointments once they arrived.

    Congress eventually passed the Choice Act, which is supposed to allow Veterans to seek timely care outside the VA if they live more than 40 miles from a VA center. But in Brown’s case, that required him to check into an office in Lakeland that referred back to Tampa because it could not serve his specific needs. As a result, Keith and Cindy said they had to drive 170 miles to appointments and those appointments did not include screening, scanning, or testing for cancer, despite Keith’s known exposure to Agent Orange.

    "They are always asking about AIDS. They’ll screen for that. They know he's a cancer risk. He's not an AIDS risk,” said Cindy.

    In November 2018, after Keith started coughing up blood, he was diagnosed with terminal lung cancer. One month later, the VA denied compensation for "aid & attendance" (support for terminal cancer). Then in March 2019, the VA denied his lung cancer was even connected to his service as Keith’s final weeks ticked away.

    “There’s got to be something better because if they wait long enough and that Vet dies, they are under no obligation to make a determination at all or to pay back pay,” Cindy said. “The families have been through enough, it’s time to stop”

    On June 25, the VA determined it had incorrectly denied service Keith's cancer and granted the support Keith and Cindy requested. But his benefits were terminated the next month because Keith died in July.

    “I wasn't ready for him to go. I’m still not, and I thought this is the ultimate slap in the face,” Cindy said.

    The VA says cancer screening is a key preventive care measure, but it does not automatically provide it each year for Vets exposed to Agent Orange.

    That’s why Cindy Brown is now urging Congress to ramp up cancer screening for Veterans at known risk for cancer. She's looking for any member of Congress who may take up her proposal.

    Source

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  • Air Force to revoke Bronze Star recipient's retirement benefits for hot tub incident

    Master Sgt Jeremy Zier

     

    Court martial and administrative discharge board failed to remove Master Sgt. Jeremy Zier following touching allegation. New Air Force undersecretary wants him gone anyway.

    An Air Force combat photographer will lose his retirement benefits at month's end due to a disputed touching incident in a hot tub six years earlier, unless the Congressional Justice for Warriors Caucus can convince the military otherwise.

    A court martial and administrative discharge proceeding failed to remove Master Sgt. Jeremy Zier, according to documents reviewed by Just the News, sparking a social media campaign to remove him that included the now-No. 2 at the Air Force.

    The month before President Biden nominated Gina Ortiz Jones for undersecretary, the failed congressional candidate tweeted that the administrative result sends the message sexual assault victims are "not valued."

    Months earlier, after the court martial, she tweeted that this was not a "sex case" because "Sex is consensual." In a message shared with Just the News, Zier told his military lawyer this was "meant to insinuate that I raped" the woman who accused him.

    The service has repeatedly violated Zier's due process rights, caucus chair and Republican Rep. Louie Gohmert wrote to Air Force Secretary Frank Kendall and Lt. Gen. Marshall Webb at Joint Base San Antonio-Randolph (JBSA).

    The 23-year Veteran and Bronze Star recipient has submitted retirement requests 75 times in the past 10 months, to no avail, Gohmert wrote Oct. 13. Because the Air Force subsequently rolled back his service contract, Zier will involuntarily forfeit those benefits Nov. 30.

    Neither the Air Force nor JBSA public affairs responded to Just the News queries about the letter. "Unfortunately the letter has not prompted a response from any [Department of Defense] component," said Derrick Miller, military advisor to Gohmert and executive director of the caucus.

    St. Mary's University law professor Jeffrey Addicott, who directs the Warrior Defense Project and is assisting Zier, wrote in an email last week they haven't heard back either.

    There was a short-lived attempt to ban Zier from JBSA Oct. 27, but that "installation access denial" letter was rescinded after Addicott protested that "it made no sense given he is active duty and not under investigation."

    He speculated the command was "salivating to push [Zier] out at the end of this month and too incompetent to know you can't bar an active duty person."

    For more than a year Zier has remained at "his off Base home as ordered, receiving pay and benefits with absolutely no work or requirements of any kind," Addicott said. "This is a naked use of raw power clearly designed to achieve a result that the normal legal process [flatly] rejected."

    Zier may get a reprieve this week, Addicott told Just the News Monday night, citing conversations with the Office of Staff Judge Advocate at JBSA on resetting his service contract to its original September 2022 end date.

    The U.S. military is facing competing pressures from each side of the political aisle regarding the Zier case.

    Gohmert's letter said removing him is "designed to achieve a retaliatory result that the normal legal and administrative processes flatly rejected" and would become "an exhibit in our review of reforms needed within the Uniform Code of Military Justice."

    New York Democratic Sen. Kirsten Gillibrand and California Democratic Rep. Jackie Speier told the San Antonio Express-News after the "truly perverse" second proceeding that they wanted to review the workings of administrative discharge boards.

    Avoided making claims under oath

    Zier was first accused Dec. 7, 2019 — nine days after being "selected for promotion to Chief Master Sergeant," the highest enlisted rank in the Air Force — but it didn't involve the hot tub, according to a case summary provided by Addicott.

    Someone not claiming to be a victim "went to investigators with a claim of inappropriate touching allegedly witnessed at a holiday party" that night. "Investigators spent months on a witch hunt putting together a case that now included isolated allegations spanning back 5 years in time."

    They included the hot tub incident, which took place in Pamukkale, Turkey in April 2015. Gohmert called it "an off-duty office trip," and Staff Sgt. Cambria Ferguson, Zier's accuser and fellow photographer, called it "a professional office weekend.”

    The court martial happened in August 2020. The jury — three women and one man — found Zier guilty of dereliction of duty in "willfully fail[ing] to maintain professional relationships with subordinate Airmen" by getting "completely nude" in the hot tub with them.

    It also found him guilty of "directly" touching "the genitalia and inner thigh" of Ferguson, "with an intent to gratify his sexual desire, without her consent," but not guilty of touching the buttocks of two females a week apart in December.

    Though he could have faced jail time, docked pay, hard labor and a drastic rank reduction, the only punishment was one rank reduction, from senior master sergeant to master sergeant. He lost his scheduled promotion to chief master sergeant and a substantial pension bump, the Express-News reported.

    Gohmert's letter didn't mention the genital touching, characterizing the guilty finding as "touching a leg." Zier phrased it slightly differently. "The final charge sheet said I touched her inner thigh and grazed her genitalia which is why the charge was abusive sexual contact," he wrote in an email.

    Ferguson didn't make the genital allegation in her original interview with the Office of Special Investigations, and she later conceded she didn't see his hand touch her genitals, Zier said, providing an excerpt from his appeals package.

    "C.F. claimed that Applicant touched her genital area in the presence of at least five other people," the excerpt said. "None saw the touch and none saw or heard any reaction from C.F. which would indicate to him or her that a non-consensual touching was occurring."

    Zier provided a photo he said was Ferguson in his home in Turkey in June 2015, two months after the incident. She's smiling and holding a little girl Zier said is his daughter, whom she babysat "on at least two occasions and both of them were after I allegedly touched her."

    Her victim impact statement, posted on her personal website, said his alleged behaviors "do not align with ideals of a good father, a good role model or a good leader." (She has since changed her surname.)

    Ferguson made further allegations after the verdict, telling the Express-News that Zier followed her out of the hot tub and pulled off her swimsuit top, at which point "everyone else obviously noticed" what was happening.

    Addicott's summary, which appears to have informed much of Gohmert's letter, said Ferguson and "other individuals close to her" proceeded with a "slanderous social media campaign" following this verdict.

    "These articles and postings contained unsubstantiated claims that never existed in any testimony at the court-martial but served as a means to inflame the passions of readers," it reads. Ferguson opted not to give them "under oath while she was subject to cross-examination."

    The Express News mentions a Facebook post where she compares her treatment to that of Army Spc. Vanessa Guillen, who reported sexual harassment shortly before a fellow soldier murdered her. (A subsequent investigation found "no credible evidence" her killer had sexually harassed her.)

    Forced to dump lawyer

    In response to his first attempt to retire, days after the verdict, Zier was told "administrative codes" made him ineligible and that he would face another proceeding, according to Gohmert's letter.

    Zier then submitted a request for retirement in lieu of (RILO) facing the Administrative Discharge Board, which was ignored until five months after he faced the board. "To our knowledge, this RILO request is still pending," the congressman wrote.

    Lt. Col. Greg Hignite, Zier's squadron commander, "ultimately testified that social media posts" informed his decision to recommend Zier face the board and receive "the administrative equivalent of a punitive discharge," Addicott's summary reads.

    Zier's request to delay that hearing, on account of his military lawyer's unavailability for the scheduled date, was denied, forcing Zier to sever his attorney-client relationship of nearly two years. The board's legal advisor later deemed this denial caused "constitutional harm."

    Reviewing the same evidence before the court martial jury, the board determined Zier met all six retention criteria, which would prevent his removal and loss of retirement benefits. In a partial Dec. 10 transcript provided to Just the News, the board qualified the earlier findings.

    Zier's conduct was "a departure" from his usual behavior, "not under all circumstances likely to recur," and did not involve any penetration, "however slight, of the vulva... with an intent to abuse, humiliate, harass or degrade" or cause sexual gratification. It also wasn't the result of "an abuse of rank, grade, authority, or position."

    Ferguson expressed disgust at this second failure to remove Zier to the Express-News, which emphasized the first proceeding ordered him to register as a sex offender but failed to cite the board's description of the sexual contact.

    The second proceeding sparked an "additional onslaught of slanderous media attention," Addicott's summary said, and Brig. Gen. Caroline Miller, the convening authority for the court martial, made an "unprecedented" recommendation to Secy. Kendall to overturn the results.

    Miller is violating "limitations on discharge" rules, and her recommendation would violate Zier's civil and other statutory rights as a federal employee, Gohmert's letter said.

    "MSgt. Zier regrets attending the trip with his coworkers, and putting himself in a compromising position, but the jury panel and administrative discharge board both agreed that this one mistake should not cancel his entire career," the congressman wrote.

    Source

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  • Alabama Veterans access VA benefits, services at Veterans Experience Action Center

    Alabama Vets Benefits

     

    VEACs brings direct access to VA and non-VA resources to your community

    Nearly a thousand Veterans, their families, caregivers, and survivors attended a Veterans Experience Action Center (VEAC) in Montgomery, Ala., on Feb. 5, 2020. Those in attendance received direct access to VA’s benefits and services. The one-stop shop for Veterans brought together VA and community resources with one goal: to serve Veterans on the spot.

    This was the second year the community held the action center. Seventy local organizations provided a host of services at the VEAC, including on the spot job interviews, flu inoculations, free haircuts, access to healthcare organizations, mental health services, and dozens of other local assistance programs. The vast outpouring and variety of support ensured that VEAC participants knew the community was there to support them.

    Veterans Experience Action Centers are different than other outreach events because Veterans are able to file claims, ask questions, and apply to VA benefits and healthcare within minutes of showing up. In addition to the amazing community organizations and Veteran Service Organizations in attendance, more than 50 VA employees were also on site to process actions immediately. Even members of the the Air Force showed up, directing Veterans to booths and cooking hot dogs!

    A Veteran in attendance said, “I came here for some information, and all I really wanted was this form just so I can know what to do… and I ended up filing my claim today!”

    TVA again held the event at the Multiplex’ Cramton Bowl, this year with more than 70 booths. Some of the organizations included Vietnam Veterans of America, Veterans of Foreign Wars, Paralyzed Veterans of America, Disabled American Veterans, Walgreens, Humana Health, and many more.

    Some Veteran find that VA processes can be overwhelming, or that the eligibility or rules and regulations are hard to understand. Instead of waiting for Veterans to come to VA, VA is getting into the community where Veterans reside. VA will also be setting up these events across the country. In fact, several VA leaders from Kentucky were in attendance to better prepare for their upcoming Veterans Experience Action Center in Lexington, Ky.

    In action

    One Veteran showed up just before the event wrapped up. She was in tears, sharing her struggles with transition to civilian life, PTSD and Military Sexual Trauma as a military retiree. She had recently submitted a compensation claim but did not understand her award letter. Veterans Benefits Administration employees explained to her what the claim’s decision meant, and then also shared that she was eligible for concurrent military and VA benefits.

    For a list of future VA outreach events, including Veterans Experience Action Centers, visit: https://www.va.gov/outreach-and-events/events/

    Source

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  • Amid pressure, VA eyes speeding benefits for burn pit exposure illnesses

    Burn Pit Exposure Claims

     

    Amid increasing calls for action from Congress and health care advocates, Veterans Affairs leaders on Thursday announced plans to consider adding respiratory illnesses to the list of conditions presumed caused by exposure to military burn pits in Iraq, Afghanistan and other overseas combat locations in recent decades.

    The move is a significant albeit preliminary step towards granting new disability payouts and medical benefits for millions of veterans who served in the recent wars, only to return with a host of rare illnesses believed connected to toxic smoke at overseas bases. VA officials don’t have estimates on how much veterans could get in payouts and how much the changes could cost, or even when the work could be complete.

    The link between burn pits — used to dispose of excess equipment, human waste and a host of other toxic materials — and serious medical conditions has been widely assumed for years, but not conclusively linked to a specific set of health problems.

    About 250,000 veterans have signed up for VA’s Airborne Hazards and Open Burn Pit Registry, designed to track illnesses related to burn pit exposure and ease access to Veterans benefits. But advocates have complained that tool is limited, and the actual number of veterans suffering from burn pit conditions is likely several times that figure.

    They’ve also pushed for more liberal granting of disability claims connected to burn pits, noting that insufficient monitoring of the smoke has led to numerous questions about which troops were exposed and poisoned.

    Earlier this year, VA Secretary Denis McDonough ordered an internal review into the issue, promising to speed up work on the already decade-old problem.

    On Thursday, in a press conference with reporters, he promised that officials are “attacking this issue with urgency” and said it has been a frequent topic of conversation with White House officials.

    “It breaks all of our hearts that we have veterans who suffer because of the service they carried out on our behalf,” he said. “It makes me particularly saddened to know we have veterans with terminal diagnosis. We are going to spare nothing to generate answers for them.”

    A day earlier, at a press conference on Capitol Hill, Veterans advocates praised recent congressional efforts to address the issue but also acknowledged fatalism about the slow pace of reaction to numerous deaths and serious illnesses over the last 20 years.

    “More than 8 in 10 veterans who served in Iraq and Afghanistan say they were exposed to burn pits, and more than 80 percent of those say they’re suffering some health effects from that today,” said Tom Porter, executive vice president of government affairs at Iraq and Afghanistan Veterans of America. “We have to do this, and we have to do it now.”

    McDonough did not offer a timeline for when veterans might start seeing new benefits from the move announced Thursday. He promised to “respect the rulemaking process,” which can take several years in some cases.

    Congress may not wait that long.

    Officials from the House Veterans’ Affairs Committee on Wednesday unveiled plans to make 23 respiratory conditions and rare cancers contracted by Iraq and Afghanistan veterans automatically eligible for disability benefits, and expect to advance the legislation next month.

    Senate Veterans Affairs Committee members later in the day unanimously advanced a similar plan with fewer presumptive conditions but a similar approach to granting wider benefits access to all veterans who served near burn pits. Chairman Jon Tester, D-Mont., has said he hopes the two chambers can pass a final compromise plan by the end of the year.

    If they do, the VA work may form the procedural backbone for implementing those changes. VA’s announcement noted that the conditions being reviewed “may include asthma, sinusitis, and rhinitis” and will cover “military service in Southwest Asia, Afghanistan and Uzbekistan.”

    Officials also pledged to engage veterans advocates in coming months on how to shape the new benefits rules.

    “This is the beginning of this effort,” McDonough said. “We will continue to work aggressively at identifying the available science … to make sure we’re getting all we can.”

    Source

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  • An update on contract talks between VA, AFGE

    AFGE 02

     

    The Department of Veterans Affairs and its largest employee union are stuck in a standoff. The American Federation of Government Employees represent more than a quarter million VA employees. Now AFGE has filed a rebuttal to what it calls unlawful and contradictory proposals for a new contract. Joining Federal Drive with Tom Temin with the union’s thinking, supervisory attorney Ibidun Roberts.

    Interview transcript:

    Tom Temin: Mrs. Roberts, good to have you on.

    Ibidun Roberts: Good to be on Tom.

    Tom Temin: Give us a sense of where in the process this whole contract stands with respect to the schedule and the expiration of the existing agreement.

    Ibidun Roberts: Well, so the current agreement is what we call rolled over once the VA opened it, our language in the contract says the provisions go on until we reach a new agreement. So that’s where we are with the current agreement, it’s going on until we reach a new one. So we bargained with the VA for abput six months, and the VA requested the services of the Federal Service Impasses Panel, which is the federal government’s agency to break impasses. Since we government employees cannot strike, someone has to break the impasse, and that’s what this agency does. VA requested their assistance. They required us to defend our proposals in a statement of position that was due June 3. And then we had a chance to submit rebuttals to each other’s arguments, and that was just due July 5. So currently, the panel has the whole dispute. — so we’re just waiting for a decision from them.

    Tom Temin: Alright, and before we get into some of those details, I mentioned about a quarter of a million, I think it’s 270,000 employees in AFGE’s National VA Council. Is there one agreement for everybody in the council?

    Ibidun Roberts: That’s correct. It’s the master agreement, locals get to bargain certain provisions locally. But this is for the general concepts that we agree on nationally.

    Tom Temin: Usually one of the issues is how long the agreement will be in place. Is that something that you disagree over?

    Ibidun Roberts: Oh yes. So the VA is looking for a ten year agreement. We are looking for the traditional three year agreement. There are many reasons for that. One of them is that other unions can challenge our certification after three years, but also changes happen. And when those changes happen, we want to be able to open up the agreements and incorporate those changes. And that’s specifically true for the VA that had a number of changes. For example, the Accountability Act is one major change that happened that we will want to incorporate into the agreement. Another are President Trump’s executive orders, if we had a ten year agreement in place, we wouldn’t be able to bargain incorporating changes, like the ones I just mentioned. Shorter duration is better than a 10 year duration.

    Tom Temin: Let’s talk about the Accountability Act. How does that affect what happens in the labor relations area and what would you like to see happen because of it in the contract?

    Ibidun Roberts: So what we’re looking for in the contract are really the procedures, right? We can’t bargain the law itself. Congress determined that that law was appropriate, so we can only do the procedure. So for example, the law shortened the timelines for taking action against employees to fifteen days. So once the VA gives an employee, the proposal for say, removal, they have seven days to respond to that proposal. And then within fifteen days, so eight days after they respond, the VA has to give a decision. So that really reduces the amount of time that the union can seek evidence to help this employee and actually do the reply. So meet with the employee, gather evidence and formulate a reply. It really truncates that. And when you add to that the union is also not at the facility now, I’m sure we’re going to get to that, it makes it a lot more difficult to meet with an employee to respond to a removal, a major upheaval of their life. So that’s what we want to see in the agreement. We want to see those procedures allowing employees to meet with the union, giving them time to do so, allowing the employee to participate in when that meeting is scheduled for the reply instead of management determining their own date, which could be the next day or two days later, when the employee might not have had a chance to formulate their reply yet. So we’d like to have formal procedures in the agreement.

    Tom Temin: VA is simply saying at the discretion of management in effect in their proposal?

    Ibidun Roberts: Correct.

    Tom Temin: And the Trump administration executive orders cover a lot of territory, and what in response to those can you reasonably expect, would you like to see in an agreement, with respect to official time and all of the other provisions?

    Ibidun Roberts: Sure, and we just talked about some of it, Tom, but the official time even with the executive orders, and obviously we don’t agree to the legality of it, the law requires that the VA and the union agree on how much in the scope of official time that there will be. We don’t think it can be unilaterally determined. But even with that, the VA has so many factors that requires the union to have more than one hour per bargaining unit employee. Again, we just mentioned the Accountability Act, no other agency is dealing with that same law. So this union can’t be treated the same as others when we are faced with this unique law that truncates the time for these serious actions, again it includes removals. Also, under Secretary Shulkin, he limited the amount of settlements that could come out of these actions. If a settlement was going to require more than $5,000, it had to go through higher levels of approval. And what we’ve seen is that the VA is not as open to settling cases now. So more cases are going forward, which means that takes more of our time. So we have some unique factors that would require us to have more official time than some of the other unions would, some of the other non-VA unions would. And I think history shows we’re not seeking more time than we need. Our current contract gives us 4.25 hours per bargaining unit employee, OPM report shows we use about 3.7. So we’re not doing a grab here for time we’re using what we need, and the VA’s factors — Accountability Act, not settling cases — actually requires that we need more time instead of less.

    Tom Temin: Besides the issue of time. I guess that’s related to the issue of space, time and space, that is the offices that the union no longer has in VA facilities — and how does that affect things and what is it you’re bargaining for to get back in?

    Ibidun Roberts: Yeah, we’re bargaining to get back in, we don’t think the VA’s eviction of the union was legal. Again, even under the executive order, it wasn’t legal. So the executive order itself says not to provide unions with free or discounted space if it’s not generally available for non federal organizations, and here at the VA, it is. VA allows non federal organizations the use of free space. We gave several examples of them in our rebuttal, l like the nurses organization of the VA and the senior executive administration at the VA, they all get free space. So even under the executive orders, there should not have been a change to our space. And we have really felt the consequences of removing us from the facilities, employees do not have access to the union. And now during the pandemic, it’s even worse, employees have been looking for the unions to find out their rights, to find out how they can file complaints with OSHA, to find out what leave is available to them, because we just had laws passed, like the FFCRA, that employees didn’t know how it applied to them and the union was not present to be able to talk to them. Then the VA has gone even more extreme than the executive order and prevented the union from even using email from the VA. So that again limits how employees can contact the union when we can’t even use the government email to reach out to employees. So we don’t think any of that is legal, and in the contract we’re trying to get that back.

    Tom Temin: So a lot of issues. And now as you mentioned, they’re in front of the impasses panel. That panel has not exactly been sympathetic to federal employee unions, as we’ve seen I think in the case of Social Security. So what happens if they say, VAs got it you guys are out of luck, will you proceed to save a court filing beyond that?

    Ibidun Roberts: Well, as you know, it’s a little difficult for us to precede to court with a impasses panel decision. So we would have to provoke a ULP. We don’t get to just proceed to court, we would have to provoke VA into filing a ULP against us.

    Tom Temin: And ULP stands for?

    Ibidun Roberts: An unfair labor practice. So we would have to commit an unfair labor practice and get the VA to file a charge against us with the Federal Labor Relations Authority. Now we don’t know that they would do that. We certainly are not happy about committing an unfair labor practice. We don’t want to go that route. But we do currently have a lawsuit pending in court challenging the impasses panel’s constitution, how the members were appointed. It’s not the same as challenging what their eventual decision would be, but we are hoping that we’ll get some relief there to get someone more neutral on the panel to counter their not being as friendly to humans these days.

    Tom Temin: Do you have any expectation as to when the impasses panel will drop its decision?

    Ibidun Roberts: We don’t. So we do know that we have significant issues in front of the panel, and I mean a significant number. Based on the decisions we’ve seen in the past, we have not seen any other case have this many issues in front of the panel. Normally it’s two or three, it might be four or five articles or issues — we have over 45 issues in front of them. So it might take them some time. So there’s there’s really no way to know, but the sheer amount of issues in front of them will cause them to take longer than we would expect.

    Tom Temin: Ibidun Roberts is a supervisory attorney at the American Federation of Government Employees. Thanks so much for joining me.

    Ibidun Roberts: Thanks Tom.

    Source

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  • Announcing the Veterans Benefits Banking Program

    Vets Banking Prgm

     

    A partnership between VA and the Association of Military Banks of America

    Life comes with plenty of challenges, but your banking shouldn’t be one of them. That’s why VA has partnered with the Association of Military Banks of America (AMBA) to launch the Veterans Benefits Banking Program (VBBP). With VBBP, Veterans and their families can safely, reliably, and inexpensively receive and manage their VA monetary benefits through financial services at participating banks.

    This new program introduces new financial resources to Veterans and their beneficiaries. AMBA specializes in providing services for military personnel, Veterans, and their families around the world. VBBP’s new services will give Veterans the tools necessary to better protect their benefits from fraudulent schemes. It will also help to improve their financial literacy so that they can develop a long-term financial strategy.

    Our Veterans who receive monetary benefits should have as many financial management and services options as possible. Participating VBBP banks will offer eligible Veterans federally-insured and regulated financial products, services, and education that can be tailored to their needs and the needs of their families.

    The present available banking options include direct deposit into an existing bank account, electronic funds transfer into a Direct Express pre-paid debit card, and mailing of a paper check for pre-approved beneficiaries. VBBP expands upon these offerings.

    VBBP introduces new financial resources to Veterans and their beneficiaries. It will expand these offerings by giving Veterans more choices, and it addresses issues some Veterans experience using the payment methods currently available to them. VBBP offers these VA beneficiaries – including many who have been unable to open bank accounts in the past – the opportunity to deposit their benefit funds directly into existing or new bank accounts offered by participating AMBA member banks.

    VA delivers approximately $118 billion annually in benefits and services for Veterans and their families, ranging from disability compensation, pension and fiduciary, education, home loan guaranty, vocational rehabilitation and employment, life insurance, and transition and economic development. There are approximately 250,000 Veterans and beneficiaries who receive their VA benefits through a pre-paid debit card or paper check who may not have a bank account.

    Neither VA nor AMBA endorses any bank and does not require Veterans and other beneficiaries to use them. Veterans who are satisfied with their current financial situation are not required to change how they receive their VA monetary benefits.

    How to enroll

    Find more information on the Veterans Benefits Banking Program, the enrollment process, or how to find a bank that fits your needs, visit www.benefits.va.gov/banking or www.Veteransbenefitsbanking.org.

    To have your federal benefits electronically transferred to a your bank, eligible Veterans should visit www.VA.gov/change-direct-deposit or call VA at 1-800-827-1000 with relevant banking information.

    Source

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  • Are Hepatitis C and Diabetes Connected?

    Hep C and Diabetes Connected

     

    The Link Between Hepatitis C Infections and Diabetes Mellitus

    There has been quite a lot of discussion about a possible correlation between the transmission of the hepatitis C virus (HCV) and military immunizations performed with jet injectors. Hepatitis C virus is transmitted by blood. The risk factors for HCV are those that have had blood to blood exposures. Individuals born between 1945 to 1965 have a higher chance of being infected with HCV. This is because of a lack of a strict protocol for the handling and testing of blood and blood products during that time. Protocols for blood handling are constantly evolving to become safer and safer. Other risk factors exist for those that have tattoos/body piercings, are drug users, are on long term dialysis or have been diagnosed with liver disease.

    What Is Hepatitis C Virus (HCV)?

    HCV is an infection of the liver that is caused by the hepatitis C virus. According to the CDC, for the majority of patients, this becomes a serious disease. It is possible that infected individuals won’t show any symptoms or look ill. Out of the general population of the United States, about 3 million people are living with chronic hepatitis C. There is no vaccine for HCV at this time. Symptoms of HCV infection include fever, fatigue, dark urine, clay-colored stools, stomach pain, loss of appetite, nausea, vomiting, joint pain, and jaundice.

    Risks of Chronic HCV Infections

    If left untreated, an HCV infection can cause some serious conditions. The condition can also develop into chronic hepatitis C virus infection, which is the case for many patients. And chronic hepatitis C may lead to a number of complications. These can include liver cancer like hepatocellular carcinoma, which is the most common type of liver cancer. Individuals with chronic hepatitis C can also experience liver cirrhosis, which is the gradual scarring of the liver tissue, as well as steatosis or the fatty infiltration of the liver. Some chronic hepatitis C patients with severe liver damage will eventually require a liver transplant.

    Patients diagnosed with hepatitis C can take antiviral medications to control the virus. This antiviral treatment works by preventing the hepatitis C infection from multiplying in the body. Most doctors prescribe these antivirals to be taken once per day. Two of the main medications that doctors prescribe for hepatitis C infection treatment are called Harvoni and Sovaldi. Some patients may take these prescriptions with an antiviral called ribavirin. Hepatology specialists will recommend a set of medications based on a patient’s specific needs.

    It’s important to note that this discussion only refers to the hepatitis C virus. There are several other types of viral hepatitis. The hepatitis A virus (HAV) and hepatitis B virus (HBV) are two of the most common types of hepatitis worldwide. However, there are available vaccines for HAV and HBV, while there is not a vaccine for HCV.

    What Is The Link Between HCV And Type 2 Diabetes?

    It is important for patients to know that having a diagnosis of HCV also puts them at an increased risk for developing diabetes mellitus (DM). This is true for both type 2 diabetes and type 1 diabetes. Individuals who already have diabetes may also experience more severe symptoms with a hepatitis C infection. The combination of HCV and DM will lead to increased HCV symptomology, and it will increase the odds of developing liver damage. Type 2 diabetes and prediabetes can also be risk factors for fatty liver disease.

    If you have HCV, the first sign of DM development is called insulin resistance. When you eat your body breaks food down into smaller components of nutrients; one of those nutrients is glucose. Glucose needs insulin in order to be absorbed by the body, especially into the liver where glucose is stored. Insulin resistance prevents your body from absorbing glucose into your cells so it just stays in the blood. If this happens enough, your blood sugar remains high, which is called hyperglycemia, and you develop DM. This causes damage to your liver over time. So, in turn, you are at a higher risk for cirrhosis, liver failure, and liver cancer. The only way to know if you have insulin resistance is through a blood test. Insulin resistance is often the first sign of diabetes mellitus, and some people with insulin resistance are considered to have prediabetes. A medical professional can assess your fasting glucose levels to determine whether your blood glucose indicates prediabetes or signs of hyperglycemia.

    Managing The Effects of Viral Hepatitis C And Diabetes

    To mitigate the risk of developing DM, you should treat insulin resistance immediately. If you already have DM and HCV, managing it closely is the key to also managing the long term effects of each. So proper diabetes care and management of your hepatitis C infection are key. Watching your diet, practicing glycemic control, monitoring blood glucose levels, taking your antiviral and diabetes medications (like metformin), eliminating alcohol intake, and losing weight are all ways to help manage your diseases effectively.

    Diabetic patients and those who are at an increased risk for diabetes can talk to their doctor about lifestyle changes. A higher body mass index (BMI) can lead to more diabetes complications and may put an individual at increased risk for developing type 2 diabetes mellitus. Family history can also play a role in personal risk for diabetes.

    The cause of the impairment of the glucose-insulin mechanism in HCV patients is unclear but research continues to be conducted to ensure more effective treatment.

    What Does This Mean For Veterans?

    The VA has specific guidelines for Veterans with hepatitis C. Certain Veterans may be at higher risk for having HCV, since the VA has made a connection between the virus and jet injectors. Veterans may be at higher risk for military-related blood exposures as well.

    The VA recommends testing HCV infection testing for all individuals between 1945 and 1965. There are also certain risk factors pertaining to Veterans. The VA recommends testing for former military service members with risk factors such as the following:

    • Has ever used a needle to inject drugs
    • Had an organ transplant or blood transfusion prior to 1992
    • Served in the Vietnam war or is a Vietnam-era Veteran
    • Has piercings or tattoos
    • Was a healthcare worker who may have been exposed to blood
    • Has HIV
    • Had blood-to-blood exposure during military service

    You can view a complete list of these HCV infection risk factors on the VA website. Keep in mind that you don’t need to have a specific risk factor or suspected case of HCV to be tested. Anyone who wishes to be tested for the hepatitis C virus should seek testing.

    If you are diagnosed with the hepatitis C virus, the VA can offer a special care service. They provide patient education, anti-HCV medication or medication for complications of HCV, access to medical care specialists, support groups, web-based resources, and more. The VA closely monitors recent studies on viral hepatitis C to offer the best possible resources to affected Veterans. Your local VA office can likely give you information on treatment for the HCV infection.

    VA Ratings of Hepatitis C

    Viral hepatitis C is included in the VA’s 38 CFR § 4.114 ratings schedule, along with other diseases of the digestive system. The VA grants ratings based on the severity of hepatitis C. The ratings are listed verbatim:

    • 0%: Non-symptomatic
    • 10%: Intermittent fatigue, malaise, and anorexia, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least one week, but less than two weeks, during the past 12-month period
    • 20%: Daily fatigue, malaise, and anorexia (without weight loss or hepatomegaly), requiring dietary restriction or continuous medication, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least two weeks, but less than four weeks, during the past 12-month period
    • 40%: Daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks, but less than six weeks, during the past 12-month period
    • 60%: Daily fatigue, malaise, and anorexia, with substantial weight loss (or other indication of malnutrition), and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least six weeks during the past 12-month period, but not occurring constantly
    • 100%: Near-constant debilitating symptoms (such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain)

    The VA has a different rating system for diabetes mellitus, which may affect Vietnam-era Veterans in particular. If your claim for VA benefits for hep C and diabetes is denied, contact the team at Hill & Ponton today. Our knowledgeable attorneys are proud to offer a free case evaluation to assess your claim today.

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  • Are you eligible to file for benefits based on presumptive exposure?

    Benefits 002

     

    Editor’s note: This post was substantially updated Jan. 14, 2022. It adds the fourth paragraph about Gulf War and Post 9/11 Veterans, the sixth paragraph about Vietnam Veterans, and the last paragraph about the registries.

    Were you exposed to hazardous materials while serving in the military, such as Agent Orange in Vietnam or burn pits in Afghanistan, Iraq or Southwest Asia? If so, you may be eligible to file for service-connected benefits based on presumptive exposure.

    Over the course of the last six months, VA has begun processing service-connected disability claims for six new presumptive conditions related to exposure to hazardous materials.

    In May 2021, VA started implementing provisions of the William M. Thornberry National Defense Authorization Act for Fiscal Year 2021 (NDAA), adding bladder cancer, hypothyroidism and Parkinsonism to the list of medical conditions presumptively associated with exposure to Agent Orange in Vietnam and certain other locations.

    For Gulf War and Post 9/11 Veterans, a few months later VA added asthma, rhinitis and sinusitis (to include rhinosinusitis) on a presumptive basis based on particulate matter exposures during military service in Southwest Asia and certain other areas.

    Any Veteran who was previously denied service-connection for asthma, rhinitis and sinusitis (to include rhinosinusitis) and had symptoms manifest within 10 years of military service would need to file another claim. Be sure to use VA Form 20-0995, “Decision Review Request: Supplemental Claim” when filing. The claim form should include the name of the medical condition and specify that the medical condition is being claimed due to in-service exposure to environmental hazards.

    Vietnam Veterans with bladder cancer, hypothyroidism and Parkinsonism due to Agent Orange exposure who had previous claims denied should also file another claim, but symptoms do not need to have manifested within 10 years of military service. These Veterans should also use VA Form 20-0995, “Decision Review Request: Supplemental Claim” when filing for previously denied service-connected benefits.

    VA is committed to assisting Veterans who may have been exposed to hazardous materials during their military service.

    Be sure to stay plugged in to www.va.gov for the most recent developments around environmental hazards; VA is constantly conducting research and surveillance, as well as reviewing scientific literature for conditions that may be related to exposure during military service.

    If you feel you have a chronic condition attributed to an in-service exposure, we highly encourage you to file a claim. For more information about VA benefits and eligibility, or how to file a claim, Veterans and survivors can visit VA’s website at www.va.gov or call toll-free at 1-800-827-1000.

    The Airborne Hazards and Open Burn Pits Registry (AHOBPR) is governed by law and eligibility is for Gulf War Veterans and Post 9/11 Veterans for further scientific research into the health impacts of industrial burn pits. Vietnam Veterans are already covered under Agent Orange presumptions and are encouraged to directly file claim if they feel their medical condition is related to Agent Orange exposure.

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  • Authorities: Fayetteville Veteran faked war injury to get VA benefits

    Justice 003

     

    A Fayetteville man was sentenced Tuesday to five years on probation and ordered to repay more than $900,000 he fraudulently obtained to the Department of Veterans Affairs, authorities said.

    Willie Dosher Cain, 73, a U.S. Army Veteran and former Fayetteville police officer, told VA officials that, as a result of shrapnel wounds sustained in Vietnam in 1965, he had suffered the loss of use of both legs, as well as loss of bowel and bladder control. He said he was unable to perform daily activities, such as dressing and bathing, without assistance and was dependent on a wheelchair or motorized scooter for mobility.

    Federal investigators determined, however, that Cain played basketball, danced and attended social events when he was supposedly injured. He even bought a condominium at Carolina Beach on the third floor of a building with no elevator, they said.

    Cain pleaded guilty last June to embezzlement. In addition to repaying the benefits he wasn't entitled to, U.S. District Judge Thomas Schroeder ordered that he forfeit $155,000, a modified 2018 Toyota Sienna van and a mobility scooter and perform 250 hours of community service. In a related civil forfeiture action, he also forfeited the Carolina Beach condo, authorities said.

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  • Benefits

  • Biden signs two new bills into law that aim to help burn pit Veterans

    Burn Pit Vets 002

     

    The bills will reform the military's use of burn pits and expand a registry of service members exposed to them

    President Biden signed two bills into law Monday that could help tens of thousands of Veterans who claim they became ill from exposure to burn pits.

    The pair of bills, included in the $768 billion National Defense Authorization Act (NDAA) for 2022, will bring sweeping reform to the military’s use of burn pits, expand a registry of service members exposed to the crude trash incineration method while serving overseas and enhance medical training for health care providers.

    "My bills, the DOD Burn Pits Health Provider Training Act and the Burn Pit Registry Expansion Act, becoming law is a great step forward in our fight to get our Veterans affected by toxic burn pit exposure the care they deserve," Rep. Raul Ruiz, D-Calif., a doctor who authored the two bills, told Fox News.

    "These much-needed bills will help address the urgent public health crisis facing our Veterans by expanding the Burn Pit Registry to a whole new group of Veterans and helping physicians quickly identify at-risk service members.

    "As these new laws take effect, I will continue fighting for our nation's burn pit-exposed Veterans and service members to get them the timely care they need and end the use of burn pits once and for all."

    The two bills signed into law include the Department of Defense (DoD) Burn Pits Health Provider Training Act (H.R. 4397), which will require the DoD to implement mandatory training for all medical providers working for the department on the potential health effects of burn pits. The Burn Pit Registry Expansion Act (H. R. 4400) will require the DoD and the Veterans Administration to expand their registry to include military members who were stationed in Egypt and Syria.

    Both bills are expected to take effect immediately with the provider training act helping to train doctors to catch early signs of toxic exposure in an effort to provide more timely care. Many Veterans who were exposed to burn pits say that their doctors often struggled to pinpoint how young, otherwise healthy, service members with no family history of cancer were becoming ill.

    "A decade ago, we went to VA health care facilities, and they just kind of shrugged their shoulders," Rosie López-Torres, founder of advocacy group Burn Pits 360, told Fox News. The two bills resulted in part from her organization's lobbying efforts on Capitol Hill the last decade.

    López-Torres adds that more needs to be done to ensure that all service members are receiving the help they need.

    "We are proud to see these bills become laws," she said, "But they need to expand the list of locations. We have a lot of service members saying that they are still working near active burn pits and questioning why they can’t be on the registry."

    Biden has said publicly that he believes his son Beau’s terminal cancer resulted from exposure to burn pits while serving with the U.S. Army in Iraq. This past Veterans Day, the Biden administration released a statement announcing actions to develop and test a model for establishing a connection to illnesses developed after exposure to toxins released into the air as plumes of smoke rose from the burn pits. The initiative aims to provide Veterans who were exposed to burn pits with long-denied benefits.

    "We’re going to work with Congress — Republicans and Democrats together — to make sure our Veterans receive the world-class benefits that they’ve earned, and meet the sacred — the specific care — specific needs that they each individually need," President Biden said during public remarks at Arlington Cemetery on Veterans Day. "That means expanding presumptive conditions for toxic exposure and particulate matter, including Agent Orange and burn pits.

    "We’re going to keep pushing on this front to be more nimble and responsive," he added. "We’re reviewing all the data and evidence to determine additional presumptive conditions that make sure our Veterans don’t have to wait to get the care they need."

    López-Torres says she would like to see Biden do more to include the full 23 presumptive conditions associated with burn pit exposure.

    "They are spoon-feeding us a little at a time, and that’s not OK," she said. "We don’t have time to wait. People are dying."

    The Investigative Unit at Fox News has reported extensively on the fears that Veterans have become sick from exposure to fumes from burn pits. Many soldiers said the pits were a crude method of incineration in which every piece of waste was burned, including plastics, batteries, appliances, medicine, dead animals and even human waste.

    The items were often set ablaze with jet fuel as the accelerant. The pits burned more than 1,000 different chemical compounds day and night. Most service members breathed in toxic fumes with no protection. According to a registry created by the VA, over 200,000 Vets said the exposure made them ill, but the department denied assistance to many of them.

    Many Veterans and their families have said that their experience trying get help with health care coverage left them feeling that the federal government viewed them with doubt and suspicion.

    The new laws are the latest advances in a push for burn pit exposure to become a presumptive condition by the VA when addressing disabilities.

    The Presumptive Benefits bill was originally introduced in September of last year but was reintroduced in March with updated criteria for presumptive care.

    To simplify eligibility, the bill favors Veterans having relevant service medals received after their tour of duty instead of documentation that they served a minimum number of days, a crucial step, proponents of the bill say. Listing their service as a presumptive condition will help to provide needed care to millions of Veterans.

    "These are men and women who have sacrificed everything for our country, and now they're sacrificing their lives because of diseases that are caused by their exposure that they had no say about being stationed next to a burn pit," Senator Kirsten Gillibrand, D-N.Y., a co-sponsor of the bill, told Fox News in April. "We know burn pits are deadly. That's why they're banned in the United States."

    "The epidemiology already exists for most of these diseases because we know the nature of what's burned in the burn pit is identical to the stuff that was burned on 9/11 and the weeks and months on the pile thereafter. And there's a ton of work done to show causation with all the research done over the last 15 years."

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  • Biden Urges Veterans to Seek Health Benefits Under New Law

    Biden 004

     

    NEW CASTLE, Del. — President Joe Biden urged military Veterans on Friday to take advantage of new healthcare opportunities under legislation that he signed in August. He promoted the aid as he visited a Delaware National Guard facility named for his late son, Beau.

    “It’s one of the most significant laws in our history to help millions of our Veterans who are exposed to toxic substances during their military service," he said.

    The law, known as the PACT Act, helps Veterans get screened for exposure to things like Agent Orange, which was used for deforestation during the Vietnam War, and burn pits, where trash was destroyed on military bases in Iraq and Afghanistan.

    The administration has been hosting scores of events around the country to draw attention to the new benefits. More than 730,000 Veterans have already received screenings, according to the White House.

    Beau Biden, the president’s elder son, served as a major in the Delaware National Guard. He died of brain cancer in 2015, and the president has suggested that exposure to burn pits on his base in Iraq may have been the cause.

    “I’m no doctor but it’s pretty clear a lot of guys and women are getting sick,” Biden said.

    One time, he said, “I remember Beau calling and saying I collapsed on a run.”

    Biden said every time he passes the National Guard facility, he gets “a little bit of a lump in my throat."

    As he started his speech, the president said his wife, first Lady Jill Biden, warned him, “Joe, don't get emotional.”

    “Not that I ever get emotional,” joked Biden, who is known for wearing his heart on his sleeve.

    The legislation, the Honoring our Promise to Address Comprehensive Toxics Act, was passed by Congress after years of advocacy by Veterans.

    It became the source of controversy in July when Republicans blocked its advance in the Senate, leading to demonstrations on Capitol Hill.

    Biden said he made it clear to Congress that “if they didn’t pass this damn burn pit bill, I was going to go on a holy war, not a joke."

    In addition to the screenings, the law directs the Department of Veterans Affairs to assume that some respiratory illnesses and cancers are connected to burn pits. This allows Veterans to receive disability benefits without needing to prove direct causation.

    Before the law, about three-quarters of disability claims involving burn pit exposure were denied by the government.

    “Why should the burden be on the victim?” Biden said.

    Biden was introduced by Sen. Tom Carper, D-Del. He's the last Vietnam-era Veteran in the Senate, having served as a naval flight officer in Southeast Asia.

    “To put it bluntly, this bill is going to save lives," Carper said. "A lot of them.”

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  • Bill Would Allow Family of Murdered Army Lieutenant to Receive Military Benefits

    Richard Collins III

     

    After passing legislation last year following a Bowie State student's murder to ensure ROTC graduates who die between commissioning and their first assignment receive military death benefits, this year lawmakers expect to have it apply to the case that brought the matter to attention.

    Congressmen and senators who secured the provision in the National Defense Authorization Act expect that it will pass when the session returns later this month.

    The amendment allows the family of Lt. Richard Collins III to be able to receive the death benefits after he was killed just days after he was commissioned into the Army.

    Following Collins' tragic death, the Collins family has faced difficulty in receiving the recognition and benefits Lt. Collins and his family would have received had he been on active duty.

    U.S. Senators Chris Van Hollen and Ben Cardin, along with Congressmen Anthony G. Brown and Steny H. Hoyer (all D-Md.) announced the provision Wednesday.

    "Lt. Richard Collins' tragic death was made even more painful for his family through the challenges they faced in receiving the proper benefits and recognition for Lt. Collins," Hollen said in statement. "Nothing will ever fill the void of their loss, but I'm hopeful this provision brings the Collins family some peace of mind."

    You are now following this newsletter. See all newsletters.

    Collins was a Reserve Officer Training Corps (ROTC) graduate of Bowie State University who had been commissioned into the Army. He was murdered just days before he was scheduled to go on active duty.

    Last year, legislation that passed last year ensured that an ROTC graduate who dies between commissioning and their first assignment is treated as having served in the military for the purpose of death benefits, according to a press release from Van Hollen's office. The bill as-adopted applied only to future cases, necessitating the amendments secured by the Members in this year's NDAA.

    Sean Urbanski, a white man from Severna Park, stabbed Collins while Collins was waiting with friends at a bus stop near the University of Maryland, College Park. The ROTC student and recently commissioned Army officer was days away from graduation at Bowie State University.

    Urbanski originally was also charged with a hate crime resulting in death, which states a person committed a crime "Because of another's race, color, religious beliefs, sexual orientation, gender, disability, or national origin." But Prince George's County Circuit Judge Lawrence Hill Jr. dropped that charge before trial, claiming the State's Attorney's Office hadn't proved it was motivated by hate.

    While Urbanski had racist images on his phone, the judge said there wasn't enough to prove Collins was targeted solely because of his race. Urbanski was convicted with first-degree murder.

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  • Bill Would Provide Better Education Benefits to Native American Veterans

    Native American Vets

     

    A bill sponsored by a Marine Veteran in Congress could bring Department of Veterans Affairs benefits closer to Native American Veterans at Tribal Colleges and Universities, or TCUs.

    The Native VetSuccess at Tribal Colleges and Universities Pilot Program Act , H.R. 2878, passed the House and was referred to the Senate Veterans Affairs Committee on May 19. The bill would increase funding for the Veteran Technology Education Course, or VET TEC, program; bolster student Veteran housing benefits; and enable partnerships between the VA and nonprofit organizations, states, tribes and localities to fight Veteran homelessness.

    Rep. Ruben Gallego, D-Ariz., reintroduced the bill in the House on April 28, along with co-sponsors Rep. Dusty Johnson, R-S.D.; Rep. Tom O'Halleran, D-Ariz.; and Rep. Tom Cole, R-Okla.

    "H.R. 2878 helps us keep our promise to Native Veterans, a group that has fought for this country in every war since the American Revolution," Gallego, a Marine Corps combat Veteran and member of the House Veterans Affairs Committee, said in a statement after the bill passed that chamber. "I am proud to have worked across the aisle to assemble this legislative package to help improve access to economic and educational opportunities for Veteran communities. I look forward to working with my colleagues in the Senate to get it signed into law."

    Approximately 14,627 active-duty service members identify as American Indian or Alaska Native, according to a 2019 demographics report from the Defense Department.

    O'Halleran told Military.com that Native American Vets have played a vital role in the U.S. military.

    "Our Veterans have done so much for our country, and Native Americans have had the highest level of participation in our military on a per capita basis throughout America's history," he said. "We need to acknowledge that, but the best thing we can do for our Veterans is to make sure they're highly educated, and help them and their families out."

    O'Halleran represents Arizona's 1st Congressional District, where 22.3% of residents are Native American, according to 2018 data from the U.S. Census Bureau.

    "We have Veterans that have to travel five hours one way to get care and then turn around and go five hours back in the same day," O'Halleran told Military.com. "Even with the added funding that we've seen, it still hasn't gotten to a level where a Veteran, whether on tribal lands or in rural America, is getting treated the same as a Veteran in urban environments. They need to be able to get the benefits that they deserve."

    Native American Veterans face unique challenges as they transition from military to civilian life, Johnson said in a statement to Military.com.

    "Currently, at TCUs, there is no specific programming to help Native Veterans make the transition from active duty to college life," he said. "By expanding the already successful VetSuccess on Campus program to TCUs, Native Veterans will be able to access on-campus benefits assistance and counseling that other Veterans currently benefit from."

    Johnson said he decided to co-sponsor the bill because "educational … programs are critical to the long-term success of our Native Veterans."

    Moving forward, O'Halleran said that the government "needs to understand that they have to get out there" and proactively reach out to Native Veterans.

    "There's a fairness issue, and we need to make sure that people start to understand that we have to reach out to our Veterans. You can't just sit in Phoenix or Tucson and say, 'Oh, we have a hospital here, or we have a program here," he said. "We need to continue down the path of treating our Veterans in these tribal and rural areas to the same level as we treat people in the rest of America."

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  • Borne the Battle #180: Benefits Breakdown: Appeals Modernization Part II

    Benefits Breakdown

     

    Board of Veterans Appeals with Chairman Cheryl Mason

    his week’s Borne the Battle begins where episode #169 left off, featuring guest Cheryl Mason, Chairman of the Board of Veterans Appeals (BVA).

    CLICK HERE FOR THE FULL TRANSCRIPT

    In this Benefits Breakdown, Chairman Mason talks about the third lane of Appeals Modernization. Where the first two lanes allow Veterans to appeal their compensation claim decision to a claims adjudicator, the third lane allows Veterans to appeal a compensation claim decision directly to the Board.

    More importantly, Chairman Mason addresses many questions Veterans ask:

    • Which lane is right for you?
    • What are the differences between each lane?
    • How long will each take?
    • Should you work with a VSO?
    • How do you monitor the progress?

    Chairman Mason oversees the Board’s 1100 personnel, its budget, and ensures the Board conducts hearings, decides appeals for Veterans and their families, and ensures a Veteran’s voice is heard.

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  • Bucks County Man Sentenced to Over Three Years for Faking Military Hero Status and Stealing from the Government

    Justice 061

     

    PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Richard Meleski, 58, of Chalfont, PA, was sentenced to three years and four months in prison, three years of supervised release, and ordered to pay $302,121 in restitution for a particularly disgraceful fraud scheme to steal Veterans Administration (VA) benefits by pretending to be a Veteran who had been captured by the enemy during combat.

    In July 2020, the defendant pleaded guilty to one count of healthcare fraud, two counts of mail fraud, one count of stolen valor, two counts of fraudulent military papers, as well as two counts of aiding and abetting straw purchases, and one count of making false statements in connection with receiving Social Security Administration disability benefits.

    The charges stemmed from Meleski fraudulently claiming to have served as an elite Navy SEAL and falsely representing that he had been a Prisoner of War in order to secure healthcare benefits from the VA worth over $300,000. Due to his false representation as a Prisoner of War, the defendant received healthcare from the VA in Priority Group 3, effectively receiving healthcare before other deserving military service members. In reality, Meleski never served one day in the United States military.

    The defendant also filed for monetary compensation from the VA for PTSD suffered during an armed conflict in Beirut in which he rescued injured teammates. In his application for disability benefits for PTSD, Meleski falsely represented that he had been awarded the Silver Star for his heroic actions during his time as a Navy SEAL. Again, Meleski never served a single day in the United States military and was never awarded such commendation. Meleski also submitted another application to the VA for monetary compensation in which he included obituaries of actual Navy SEALs alongside whom he falsely said he had served. He traded on the actions of these true service members in an attempt to bolster his application for monetary benefits.

    The defendant also filed for disability benefits from The United States Social Security Administration (SSA) for injuries he claimed to have received during his time in the military. Meleski falsely testified under oath in connection with an SSA Disability proceeding.

    “The defendant faked a record as a decorated U.S. Navy SEAL in order to collect numerous forms of taxpayer-funded compensation,” said Acting U.S. Attorney Williams. “The fact that Meleski chose to put himself ahead of true war heroes in order to take advantage of benefits designed specifically for those serving in the U.S. military is profoundly offensive. Our Veterans fought for the freedoms we hold dear, and as we approach the twentieth anniversary of the attacks of 9/11 this Saturday, their sacrifices are even more meaningful. The defendant’s actions dishonor all of their legacies.”

    “We are grateful to our federal partners for their work in pursuing and prosecuting those who impersonate our nation’s hero’s and unlawfully obtain benefits meant for those who served,” said RADM Karen Flaherty-Oxler (RET), Medical Center Director for the Corporal Michael J. Crescenz (Philadelphia) VA Medical Center. “It is disheartening to see someone who benefited from the service of our Veterans, dishonor them in this manner. Nonetheless, our day-to-day mission of caring for our Veterans continues uninterrupted and with the same vigor and commitment.”

    “Today’s sentence sends a clear message that those who benefit from falsely claiming to have served in the United States military will be held accountable,” said Special Agent in Charge Christopher Algieri, Department of Veterans Affairs Office of Inspector General, Northeast Field Office. “The VA OIG appreciates the support of the United States Attorney’s Office and our law enforcement partners in securing justice for our nation’s true heroes.”

    “This defendant defrauded the government in many different ways for several years,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “The outcome of this investigation is the result of several law enforcement agencies working together for a common goal – to keep our communities safe from criminals like Meleski. I want to thank our law enforcement partners at the VA OIG, SSA OIG and the U.S Attorney’s Office for this successful prosecution.”

    The case was investigated by Department of Veterans Affairs Office of the Inspector General, Social Security Administration Office of the Inspector General, and the Bureau of Alcohol, Tobacco and Firearms, and it is being prosecuted by Special Assistant United States Attorney Megan Curran.

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  • Buncombe Co. Man Pleads Guilty to Receiving Nearly $1 Million In Veteran Benefits Based on Fraudulent Service-Connected Disabilities

    Justice 004

     

    ASHEVILLE, N.C. – Acting U.S. Attorney William T. Stetzer announced that John Paul Cook, 57, of Alexander, N.C. appeared before U.S. Magistrate Judge W. Carleton Metcalf on Monday, July 19, 2021, and pleaded guilty to defrauding the U.S. Department of Veterans Affairs (the VA) by receiving nearly $1 million in Veteran benefits based on fraudulent claims of service-connected disabilities.

    Kim Lampkins, Special Agent in Charge of the Mid-Atlantic Field Office, Washington, D.C., of the U.S. Department of Veterans Affairs, Office of Inspector General (VA-OIG), joins Acting U.S. Attorney Stetzer in making today’s announcement.

    According to the criminal indictment, filed plea documents and admissions made in court, Cook enlisted in the United States Army (the Army) in November 1985. Court documents show that six months later Cook sustained an accidental injury while on duty. Following the incident, Cook complained that as a result of the accident and injuries he sustained, a preexisting eye condition had worsened. In 1987, following a medical evaluation, Cook was discharged, placed on the retired list, and began receiving VA disability-based compensation at a rate of 60%. Over the next 30 years, Cook’s disability-based compensation increased, following Cook’s repeated false claims of increased visual impairment and unemployability due to “severe visual deficit.” As Cook admitted in court, in 2005, based on his claims of severe visual impairment, the VA declared Cook legally blind and he began receiving disability-based compensation at the maximum rate. Cook also began to receive additional benefits, including Special Monthly Compensation (an extra monetary allowance paid to a qualifying Veteran due to the severity of his disability), Specially Adapted Housing (a grant that goes toward paying for adaptations in a new home), and Special Housing Adaptation (a grant that goes toward remodeling an existing home).

    According to court records, Cook’s monthly VA disability payments in 1987 were $1,411 per month. With the incremental increases in his disability rating, as well as cost-of-living adjustments and his Special Monthly Compensation, these payments steadily increased over the years. By 2016, the monthly payment had risen to $3,990. In total, from 1987 through 2017, Cook received approximately $978,138 in VA disability payments due to his claimed blindness, to which he was not lawfully entitled.

    According to admissions reflected in plea documents, contrary to Cook’s filed claims with the VA for additional disability claims and his complaints of increased visual impairment, Cook repeatedly passed vision screening tests to renew or obtain a driver’s license in North and South Carolina. Furthermore, during the relevant time period, court documents show that Cook purchased and registered over 30 different motor vehicles which Cook routinely drove, including on long-distance trips and to perform errands. Court records further show that, from 2010 to 2016, during a time period that Cook was receiving maximum VA disability benefits for his visual impairment, Cook was actively involved with the Boy Scouts of America (BSA), including serving as a Den Leader and a Cubmaster. Among the courses the defendant completed with the BSA were courses qualifying him to be a range officer for BB guns and for archery. He was also certified for land navigation, which involves reading maps and using a compass.

    The charge of stealing from the VA carries a maximum penalty of 10 years in prison and a $250,000 fine. A sentencing date for Cook has not been set.

    In making today’s announcement Acting U.S. Attorney Stetzer thanked the VA-OIG for their investigation of the case.

    Assistant U.S. Attorney Richard Edwards of the U.S. Attorney’s Office in Asheville is in charge of the prosecution.

    Source

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  • Can You Work and Receive VA Unemployability?

    Work and Receive VA Unemployability

     

    Working & Receiving TDIU at The Same Time: Yes, It’s Possible

    Many of the blogs on our website have discussed the concept of Total Disability Due to Individual Unemployability (TDIU) or IU, and the criteria for obtaining these VA disability benefits. As these blogs have hopefully made clear, there are many different ways to obtain IU benefits. One issue that frequently arises in this context is whether a Veteran who is working is able to obtain VA unemployability, also known as TDIU or IU. This may seem like an obvious “yes or no” answer. But of course, when you’re dealing with most legal issues and especially the Department of Veterans Affairs, there rarely is a clear cut “yes or no.” The best answer to this question is that it depends.

    TDIU is not Social Security Disability

    It is easy to equate the VA’s version of total disability with Social Security Administration’s version. The important thing to remember is that IU Veterans benefits is not structured in the same way as Social Security Disability (SSD). In many ways, the requirements to obtain IU benefits (being paid at the 100% rate) are more lenient than those of Social Security. In order to qualify for SSD, you must be found to be completely unable to work, under any conditions or circumstances. Typically, this finding is backed by the opinion of a vocational expert and/or a medical professional.

    What does the VA consider for TDIU Claims?

    If a Veteran is working and also filing a disability claim for VA unemployability, the VA will look at the Veteran’s earnings from the work. Specifically, the VA is looking to see if the Veteran is maintaining substantial gainful employment. The VA defines “gainful employment” as any earnings from work that are above the annual poverty level as determined by the Census Bureau. This means that by definition, work below the poverty threshold is not considered to be gainful employment. In fact, the VA defines work below the poverty threshold as “marginal” employment. The VA regulation further provides that even if annual income exceeds the poverty threshold, if the Veteran is working in a “sheltered” environment (protected work environment) or for a family business, he or she may still have eligibility for IU benefits. Now, let’s look at each of these situations individually.

    Substantially Gainful Occupation – Working and VA Unemployability

    Under VA regulations, however, the benchmark for IU claims is not whether or not the Veteran is capable of working; it is whether or not the Veteran can engage in substantially gainful occupation. According to the VA’s procedural manual, substantially gainful occupation refers to “an occupation that is ordinarily followed by the non-disabled with earnings common to the particular occupation in the community where the Veteran resides”. In other words, substantially gainful occupation is a job that a non-disabled person can perform, with earnings above the poverty threshold. For example, “substantially gainful” might include a job as an office clerk, a bookkeeper, a flight attendant, or a sales associate. A substantially gainful occupation would require the employee to be competent, efficient, and reliable.

    This is important, because “substantially gainful” is not the standard that the regional office raters use. Instead, they tend to drift toward the Social Security mindset, where the Veteran has to prove that he or she is completely unable to work.

    Marginal Employment

    If a Veteran’s earnings are below the poverty level, that job cannot be considered substantially gainful. Instead, it is considered marginal employment. Marginal employment can also include employment in which the Veteran is making more than the poverty level, but is working in a sheltered environment, such as a workshop or family business. Under the regulations, if a Veteran is engaging in marginal employment, the RO cannot automatically deny a claim for IU on that basis.

    Sheltered Employment

    In its effort to be sympathetic toward Veterans, the government realizes that family members or friends might engage a Veteran in employment which accommodates his or her service-connected disabilities. For example, a family friend might hire a Veteran to assist with the payroll in his company, allowing the Veteran to work in a separate office, away from other coworkers, so as not to exacerbate his PTSD. As another example, the employer might allow the Veteran to take as much time off as needed when he has attacks of a migraine headache. The important thing to remember is that, in the VA’s definition of “sheltered employment,” there is no monetary cap on how much a Veteran can earn if he or she is employed in a sheltered environment. Therefore, a Veteran can be making above—even significantly beyond—the poverty level and still be eligible for IU. While this might not seem exactly fair, it must be remembered that these Veterans are being accommodated, and they would not be able to function as effectively in a competitive environment.

    Oftentimes we find that the VA—and their medical experts—have a poor understanding of the concept of marginal employment when it comes to determining whether or not a Veteran can engage in substantially gainful occupation. Because this is where the ultimate question of whether or not you can go back to work comes into play. If you are working part-time to make ends meet, and your earnings are under the poverty level, the RO has no basis to deny your claim on that alone.

    If you do decide to go back to work, and the RO denies your claim for IU, do not be disheartened. The regional offices often deny IU claims for even the very best of cases. Your best course of action is to appeal that decision. We have found that the Board of Veterans Appeals renders more favorable decisions in Individual Unemployability cases.

    The Bottom Line on Working and VA Unemployability

    So, what does all of this mean on a practical level? First, it means that VA law does allow for some Veterans who work to also receive VA unemployability benefits at the same time, depending on the circumstances. Second, it means that disabled Veterans who are working should not foreclose the thought of obtaining individual unemployability benefits based on erroneous information they may have received from others that they are not eligible for IU simply because they work.

    In these cases, it is important for the earnings to be examined in order to assess if the Veteran is above or below the poverty threshold. A Veteran can produce substantive proof earnings through pay stubs, tax returns, employer letters, and/or a Social Security Earnings Record. If the earnings are above the poverty threshold, an evaluation needs to take place to determine if the Veteran is working in a “sheltered” environment. For example, if a Veteran is provided accommodations or leniencies by his or her employer on account of service-connected disabilities, such as excessive time off, the ability to leave work at will, etc., this may be a “sheltered” work situation. However, it goes without saying that the Veteran would have to have corroborating evidence to prove that the workplace is sheltered, for example, an employer letter verifying the excessive accommodations, etc.

    The bottom line when it comes to IU is that Veterans and Veterans’ advocates have to know the VA’s rules on Veterans disability better than the VA does itself. The VA is not going to willingly concede that a working Veteran may be eligible for IU disability compensation.

    To learn more, please review our VA Unemployability Guide.

    Source

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  • Caregivers rejected for VA financial aid could get new appeal chances

    Caregivers Rejected

     

    Caregivers of seriously wounded Veterans who were previously denied benefits from the Department of Veterans Affairs may get a new chance to appeal that decision under a court ruling issued this week.

    The move has the potential to award tens of thousands of dollars to some families that have struggled to act as full-time caregivers to Veterans, but payouts are still likely months or years away, depending on whether VA officials opt to appeal the ruling.

    The case centers on Jeremy Beaudette, a Marine Corps Veteran who left legally blind and and suffering from traumatic brain injury after multiple combat tours in Iraq and Afghanistan. He was rated as 100 percent disabled by VA officials because of those wounds.

    But when his wife, Maya, applied for benefits through VA’s caregiver program — which awards up to $2,300 a month in stipends and additional support services to full-time caregivers of injured Veterans — she was rejected. Multiple appeals to department officials were also denied.

    Lawyers from Public Counsel’s Center for Veterans’ Advancement and Paul Hastings LLP argued the family should have had the opportunity to appeal that ruling outside that system to the Board of Veterans’ Appeals, which handles other benefits disputes.

    But VA officials have long maintained that step is unnecessary, because the program already has several levels of review. They argued that addition of a new appeal will further complicate system, resulting in more confusion and frustration.

    This week, the U.S. Court of Appeals for Veterans Claims disagreed with that stance.

    A panel of judges on the court ordered those cases be allowed to go before the BVA, and that department officials spend the next 45 days working with the outside attorneys to develop a full list of applicants from the last 10 years who may be owed another chance at appeal.

    Since the caregiver program was launched in 2010, more than 400,000 applications have been submitted. Currently about 20,000 Veterans are enrolled. It’s unclear how many of the remainder may have been rejected and exhausted their internal appeals, but now could benefit from the new court ruling.

    In a statement, VA spokesman Terrence Hayes said the court’s decision “is a complex ruling with far-reaching implications. The department is diligently considering next steps.”

    If VA officials opt not to appeal, families could start being informed of their new application review options in early summer. Attorneys said Veterans affected by the change will be contacted by VA officials about their new appeal rights and procedures, and will not have to reach out to the legal teams on their own.

    But if VA does appeal the ruling, it could stretch the case for several more years. Attorneys for the plaintiffs said they hope that doesn’t happen.

    “This decision will allow Veterans and caregivers to finally voice the inconsistencies and errors they have experienced with the caregiver program,” says Amanda Pertusati, supervising staff attorney at Public Counsel. “Veterans and caregivers will no longer feel helpless and hopeless, having to navigate within a framework that repeatedly insulates inaccuracies without proper due process.”

    The case has been closely watched by outside advocates, who say the long-term effects of the ruling could mean more options for families who feel they were unfairly rejected from the program but also potentially slower appeals timelines.

    “Our primary interest now and always is what is in the best interest of our nation’s military and Veteran caregivers,” said Steve Schwab, CEO of the Elizabeth Dole Foundation.

    “We’ve long advocated for standardization, consistency, and clear communication across the VA around the [caregivers program]. The foundation is committed to working with the VA and our [Veterans service organization] partners to better understand this decision and the implications it could have on the community we serve.”

    If Veterans win appeals cases before the Board of Veterans’ Appeals, those decisions could mean not only future payouts for families but also retroactive pay. Individual financial settlements would depend on the applicants’ initial date of filing and changes in their disability status, among other factors.

    Until last fall, the VA caregiver program was only open to Veterans who were injured on duty after Sept. 11, 2001. Congress expanded the group to include Veterans who served before May 1975 last October, and the program is set to expand again to Veterans of all eras in the next few years.

    Source

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  • Change allows extra GI Bill benefits for some disabled Vets

    Extra GI Bill Benefits

     

    Individuals who use Veteran Readiness and Employment benefits to pay for college classes will no longer have that counted against their eligibility for GI Bill payouts later on, after a rule change by Veterans Affairs officials earlier this month.

    The move, first reported by Military.com, could affect as many as 80,000 individuals who have already used VR&E benefits and unknown thousands more who may use the benefit in the future.

    In a statement, VA officials said the change was prompted after an internal review of the programs showed that “a more favorable interpretation of the law is allowable to help eligible Veterans maximize their benefits.”

    In the past, the two benefits could not be used together. Every month of VR&E benefits were counted against the 48-month cap on Post-9/11 GI Bill benefits, and vice versa. If Veterans used the full 48 months of one benefit, they could not access the other.

    But Veterans groups over the years have challenged that interpretation, saying the benefits cover different issues and should not be grouped together.

    The GI Bill program is well-known. Veterans or their dependents can use the Post-9/11 GI Bill benefit to pay for college tuition and receive a housing stipend, with the goal of completing a degree program. Combined, the value of the payouts can total several thousand dollars a month, depending on an individual’s residency and school choices.

    Veteran Readiness and Employment benefits (previously known as Vocational Rehabilitation and Employment, or the Chapter 31 program) provides a range of services to troops and Veterans with service-connected disabilities to help find a job or achieve independence in daily living.

    That can include money for certification courses or even some degree programs, with benefits comparable to the GI Bill program payouts.

    In order to access both benefits, Veterans must first use the VR&E benefits first before accessing any Post-9/11 GI Bill benefits. Individuals who use up their GI Bill benefits first will not be able to apply for VR&E benefits.

    VA officials said in some cases, Veterans may be able to have some coursework retroactively classified as VR&E work, opening up additional months of GI Bill payouts. However, officials said that will be “very limited” and “not every Veteran with a service-connected disability will qualify for retroactive induction.”

    The department has begun reviewing the estimated 80,000 GI Bill beneficiary records who previously utilized VR&E benefits, to determine whether those individuals should be granted additional GI Bill entitlement.

    That work is expected to be finished by July 31. Individuals affected by the change do not need to apply for the review, and will be contacted automatically by the department if they are granted additional benefits.

    VA officials did not provide any estimate on the potential cost of the changes to the department.

    More information on the change is available at the VA website.

    Source

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  • Check out the most underused Veterans benefits in your state

    Underused Benefits

     

    Different states offer various benefits for Veterans, but some are not widely used by Veterans. The Department of Veterans Affairs asked representatives to discuss the most underused benefit in their respective states.

    Alabama

    Veterans inAlabama have access to free services to help them apply for VA benefits with a Veterans service officer, which can help them get maximum benefits the first time they file a claim, according to Mark Sullivan, a manager at the Appeals and Review division.

    Alaska

    Alaska has a 20 percent discount on the price of state residential or recreational land, which is a valuable benefit that many Veterans do not take advantage of because they save it to use for a later time, according to Verdie Bowen Sr., the director of the Office of Veterans Affairs.

    Arizona

    Families inArizona with a currently deployed service member or Veteran can receive up to $20,000 in financial assistance if the deployment caused the family hardships. The program, the Arizona Military Family Relief Fund, can also apply for up to $3,000 in emergency assistance, according to Wanda Wright, the director of the Arizona Department of Veterans Services.

    Arkansas

    The Resident Military Retiree Lifetime Combination License, which is a combined hunting and fishing license, is the most underused benefit for Arkansas Veterans, according to Gina Chandler, the assistant director of Veterans Services.

    California

    California also has a discounted hunting and fishing license program for Veterans who were honorably discharged with a service-connected disability rating of 50 percent or higher, according to Roberto Herrera, the chief of Veteran and Community Engagement.

    Colorado

    Veterans inColorado with a service-related disability of at least 60 percent are entitled to a free Lifetime Fish and Small Game license, according to Richard J. Tremaine, the director of the Division of Veterans Affairs.

    Connecticut

    Veterans’ organizations inConnecticut that fit specific qualifications can apply to be on the Connecticut Qualified Veterans’ Charitable Organization list, according to Thomas J. Saadi, commissioner of the Department of Veterans Affairs.

    Delaware

    Delaware offers discounted hunting, trapping and fishing licenses to Veterans, including a free license to those with a VA disability rating of 60 percent or higher, according to Larence Kirby, the executive director of the Office of Veterans Services.

    Florida

    Veterans inFlorida who received a Purple Heart or other combat-related decorations may receive waived tuition for undergraduate studies at public universities and community colleges, as well as public facilities for career-related and technical training, according to James S. “Hammer” Hartsell, the deputy executive director of the Florida Department of Veterans’ Affairs.

    Georgia

    Veterans fromGeorgia who received honorable discharge and a service-related injury are eligible for entry into state parks, historical sites and recreational areas at a 25 percent discount. Honorably discharged Veterans get a 20 percent discount on hunting and fishing licenses, and those who fit more specific qualifications may obtain a free one-year sportsman license, according to Mike Roby, Georgia’s commissioner of Veterans Service.

    Hawaii

    Qualifying Veterans inHawaii can choose from a number of special service-related license plates at the same cost of a normal license plate, according to Ronald Han, Director State Office of Veterans’ Services.

    Idaho

    Veterans, service members and military family members can more easily obtain occupational licenses inIdaho after recent legislation, which includes faster processing of license applications and military training credit, according to Marv Hagedorn, the chief administrator of the Idaho Division of Veterans Services.

    Illinois

    Veterans inIllinois can now be designated as a Veteran on state driver’s licenses.Illinois also offers a Veterans grant and National Guard grant for tuition at public colleges and universities, according to Linda Chapa LaVia, the director of the Illinois Department of Veterans’ Affairs.

    Indiana

    Veterans who fit the qualifications can apply for one of severalIndiana property tax deductions, which differ based on when they served, disability rating, age and value of their home.

    Iowa

    Children of military members who died in active duty afterSept. 11, 2001 can apply for the Brandstead-Reynolds Scholarship Program or War Orphan Tuition Assistance, according to Karl J. Lettow, public information.

    Kansas

    Veterans and eligible dependents inKansas can choose from different burial options at one of the state’s four Veterans’ cemeteries, according to Heidi Goff, the state Veteran cemeteries manager.

    Kentucky

    The Kentucky Department of Veterans Affairs offers free benefit counseling from expert representatives, which currently only assists 13 percent of the state’s Veterans because many do not seek benefits, according to Donna Scrivener, the Benefits Branch manager.

    Louisiana

    Military Veterans and their families who experience financial hardships and fit certain qualifications can apply for assistance from the Military Family Assistance Fund, which can offer up to $10,000 depending on the circumstance, according to Joey Strickland, the secretary of the Louisiana Department of Veterans Affairs.

    Maine

    Spouses and dependents of qualifying Veterans who have a 100 percent permanent disability rating from the state are eligible for a full tuition and mandatory fee waiver at anyUniversity ofMaine system school, public community college orMaineMaritimeAcademy, according to David Richmond, director, Maine Bureau of Veterans’ Services.

    Maryland

    Employers in Maryland who hire Veterans may qualify to receive income tax credit “equal to 30 percent of up to the first $6,000 of wages paid to a qualified Veteran employee during the first year of employment,” George Owings, secretary of the Maryland Department of Veterans Affairs, said.

    Massachusetts

    Information forMassachusetts Veterans’ benefits can be found here.

    Michigan

    The Children of Veterans Tuition Grant provides tuition assistance to qualifying students whose parent died or became completely disabled due to military service, according to Zaneta Adams, director of the Michigan Veterans Affairs Agency.

    Minnesota

    The most underused benefits for Minnesota Veterans include Veterans cemeteries and licensing and certifications under the state’s GI Bill, according to Larry Herke, commissioner of the Minnesota Department of Veterans Affairs.

    Mississippi

    The Mississippi Veterans Home Purchase Board provides up to $250,000 in low-interest mortgage loans for eligible Veterans or surviving unmarried spouses to purchase or build a home, according to Stacey Pickering, the executive director of Mississippi Veterans Affairs.

    Missouri

    Missouri has the option of five Veterans cemeteries throughout the state so that each Veteran can have access to a Veterans cemetery, according to Ryon Richmond, the acting executive director of the Missouri Veterans Commission.

    Montana

    Veterans inMontana have free access to state parks and disabled Veterans can apply for a free hunting and fishing license, according to Kelly Ackerman, an administrator in the Montana Veterans Affairs Division.

    Nebraska

    Enlisted members of the state’s Active Selected Reserve unit may qualify for a 50 percent credit towards tuition at theUniversity ofNebraska system, public state colleges and community colleges, according to John Hilgert, director of the Nebraska Department of Veterans Affairs.

    Nevada

    TheNevada governor’s Office of Economic Development gives preference to Veteran-owned small businesses, according to communications director Julie Dudley.

    New Hampshire

    The New Division of Veteran Services assists New Hampshire Veterans with VA claims, according to William Gaudreau, the director of the New Hampshire Division of Veteran Services.

    New Jersey

    Veterans with certain permanent, service-connected disabilities may be eligible for monthly payments through New Jersey Catastrophic Entitlement, according to Patricia A. Richter, the acting director in the Division of Veterans Services.

    New Mexico

    Veterans with a 50 percent or higher service disability rating may qualify for free access toNew Mexico’s state parks, monuments and museums.

    New York

    Access to Home for Heroes provides financial assistance and makes living spaces accessible for low and moderate income Veterans who live with a disability inNew York, according to Joel Evans, the executive deputy director of the New York State Division of Veterans’ Services.

    North Carolina

    Qualifying Veterans living with disabilities inNorth Carolina may be eligible for tax relief for adaptive automobiles, according toMartinFalls, chief deputy secretary for the North Carolina Department of Military and Veteran Affairs.

    North Dakota

    The Veterans Aid Fund is a loan program specifically for Veterans or their surviving spouses inNorth Dakota, according to commissioner Lonnie Wangen.

    Ohio

    Tuition assistance for over 150 colleges and universities inOhio is available for qualifying Veterans who are enlisted in the National Guard with drilling status, according to Sean McCarthy, the assistant director in the Department of Veterans Services.

    Oklahoma

    Information forOklahoma Veterans’ benefits can be found here.

    Oregon

    Qualifying Veterans inOregon are eligible for home loan benefits, which can be used up to four times, with lower-than-market interest rates, according to Cody Cox, Oregon Veteran Home Loan manager.

    Pennsylvania

    Eligible blind Veterans inPennsylvania may be entitled to $150 per month through the state’s Blind Veterans Pension, according to Joel H. Mutschler, director of the Bureau of Veterans Programs, Initiatives, Reintegration, and Outreach.

    Rhode Island

    Active duty service members and Veterans may be eligible for in-state tuition atUniversity ofRhode Island,Community College ofRhode Island andRhode IslandCollege immediately once they move to the state, according to Kasim Yarn, director, Rhode Island Office of Veterans Services.

    South Carolina

    Children of certain military Veterans may qualify for a tuition waiver at aSouth Carolina state-supported college, university, technical education school, or early college credit program, according to Stanley Foreman, the director of administration for the South Carolina Department of Veterans Affairs.

    South Dakota

    State and federal education benefits are available for certain South Dakota Veterans transitioning into life as a civilian, according to Greg Whitlock, secretary of the South Dakota Department of Veterans Affairs.

    Tennessee

    The Servicemember Opportunity Portal provides Veterans inTennessee with information about military training that can be translated into college credits and give Veterans a head start, according to Mike Krause, executive director of the Tennessee Higher Education Commission.

    Texas

    The Texas Veterans Commission helps Veteran entrepreneurs with aspects of starting their own business, including assistance with financing and creating a business plan, according to Kevin Barber, commissioner of the Texas Veterans Commission.

    Utah

    The Accelerated Credentialing to Employment (ACE) program provides qualifyingUtah Veterans and actively drilling National Guard and Reserve members with training assistance to help them secure a license or certification that could lead to finding a job, according to Gary Harter, executive director ofUtah’s Department of Veterans and Military Affairs.

    Vermont

    Eligible Veterans can apply through their local town clerk to obtain free daily passes to state parks, according to Robert E. Burke, the director of the Office of Veterans Affairs.

    Virginia

    The Virginia Transition Assistance Program (VTAP) supports the individual needs of transitioning service members and their spouses, including assistance with employment opportunities or enrollment in one of the state’s GI Bill-approved institutions, according to Annie Walker, deputy commissioner for Virginia Department of Veterans Services.

    Washington

    The VA Olympia Call Center in Washington helps Veterans understand their benefits, receive their pensions and disability compensation, and connects them with other outside services in the area, according to Liza Narciso, assistant to the director of the Washington Department of Veterans Affairs.

    West Virginia

    Veteran families who cannot afford to install a grave marker for their loved one may qualify for up to $380 from the Jack Bennett Fund to have the marker installed, according to cabinet secretary Dennis Davis.

    Wisconsin

    The Assistance to Needy Veterans Grant Program provides emergency grants and payments to low-income Veterans and has been used to help Veterans in need of financial assistance during the COVID-19 pandemic, according to Donald Placidi Jr., the Division of Veterans Benefits administrator in the Wisconsin Department of Veterans Affairs.

    Wyoming

    Veterans inWyoming who were not able to complete their high school graduation requirements, entered military service during certain specified dates, and were honorably discharged as Veterans of World War II, the Korean War or the Vietnam War have the opportunity to apply for an honorary high school diploma, according to Tim Sheppard, executive director of the Wyoming Veterans Commission.

    Source

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  • Claims backlog at VA will double to 400k as workers face increased risk of burnout: report

    Claims Backlog

     

    The VA is also taking measures to accommodate summer vacations to avoid worker burnout

    The Department of Veterans Affairs warned that the backlog to process claims could double over the next year, reaching "potentially up to 400,000."

    VA Undersecretary for Benefits Joshua Jacobs said the agency has seen a spike in disability claims in large part as a result of the PACT Act, a law signed last year that aims to improve care for Veterans who have been exposed to toxic material, according to a Military.com report Monday.

    The influx of claims could lead the VA backlog, which is defined as claims older than 125 days, to double over the next year, Jacobs said, forcing the agency to balance quickly processing those claims while attempting to avoid burning out its workforce.

    More than 560,000 new disability compensation claims have been filed since the new legislation passed last year, while the VA has increased its workforce by about 15% to help tackle the new claims.

    Jacobs said Monday the VA has seen a 30% increase in claims overall since the legislation passed and that the department is continuing its outreach to eligible Veterans while hoping to reduce the backlog from possibly 400,000 to around 100,000 by 2025.

    "That's all dependent on a variety of factors … on how many Veterans file claims … the complexity and the number of conditions within each of those claims … our continued hiring success and a variety of other factors, to include our adoption of technology," Jacobs told reporters, according to Military.com.

    Jacobs noted that the VA is currently processing claims faster than expected, delivering 1.7 million decisions in fiscal year 2022, a 12% increase over the previous fiscal year. So far in fiscal year 2023, the department is processing claims 15% faster than 2022, according to Jacobs.

    "We've produced more decisions than any other time in our history," Jacobs said.

    However, the department is also trying to be mindful of burning out its workforce, recently announcing a plan to pause its mandatory overtime policy instituted in 2017 this July and August to accommodate vacations, with Jacobs reasoning the VA needs to "take care of employees so that they can take care of Veterans."

    Meanwhile, Jacobs anticipated improved efficiency after the VA expanded an automated processing system to 16 regional offices that will streamline easier claims decisions.

    "As we work to verify, validate and graduate our automated decision support, we do anticipate some efficiency gains there as well, so collectively, we don't have to hire up as quickly as we have and... can also move away from reliance on mandatory overtime," Jacobs said.

    Source

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  • Concurrent receipt: A call for fair and equitable treatment of military retirees with disabilities

    Concurrent Receipt 002

     

    Throughout our nation’s history we have witnessed countless examples of how quickly our troops will respond whenever and wherever they are needed. The willingness of American forces to go in harms way is never in question. Our troops stand up for us. That’s their job. In return, they deserve politicians who will stand up for them.

    The problem:

    If you’re retired from the military and you also have a service-connected disability from the Department of Veterans Affairs, you may have a financial problem. I’m referring to the issue known as “concurrent receipt.” Here’s how it works. If you are retired from the military you receive a pension based upon years of service. If you also have a service-connected disability you are entitled to receive a disability benefit from the VA. The “percentage” of your VA disability rating is where things get ugly. If your disability rating by the VA is 50 percent to 100 percent, you are entitled to your military pension and your VA disability benefit, i.e. concurrent receipt. Not only are you retired like other healthy military retirees, but you also suffered a service-connected injury for which you receive tax-exempt compensation from the VA. However, if your VA disability rating is determined to be below 50 percent, the monthly disability payment that you receive from the VA is automatically subtracted from your monthly military retirement check. You may want to read that again. It would be difficult to find a more unfair law that arbitrarily penalizes some Veterans.

    I think about important issues affecting Veterans like concurrent receipt when I hear someone’s well intentioned, “Thank you for your service.” It is a very gracious comment for today’s Veterans to hear. But I, like most military retirees, do not expect or need anyone’s thanks. We liked it! We stayed for a career. We were paid to do a difficult job involving multiple deployments and warfare and separation from family. And if we are injured or suffer a disability as a result of that service, we expect to be treated fairly and equitably.

    The Military Officers Association of America has correctly pointed out that military retired pay was earned by service alone. Anyone who is unfortunate enough to also have a service-connected disability should have that compensation added to, not subtracted from, their earned retirement pay. MOAA’s good efforts on Capitol Hill have yet to sway Congress, even though it’s safe to assume that in the history of our country there has never been legislation that allows for a congressman’s pension to be reduced due to his or her receiving a disability payment.

    The solution:

    There have been bipartisan efforts by some members of Congress to correct this injustice and to make concurrent receipt the law. H.R. 333 was introduced in the House in January 2019 and currently has 33 bipartisan co-sponsors. It was referred to the House Subcommittee on Disability Assistance and Memorial Affairs where it has remained since Feb. 1, 2019. In the Senate, S.208, the aptly named “Retired Pay Restoration Act,” was introduced in January 2019 with 28 senators from both political parties as co-sponsors. It has been referred to the Armed Services Committee without further progress.

    Putting this Veterans’ issue in perspective:

    It is not easy to put government spending issues in perspective, especially when it comes to Veterans. For example, the DoD recently gave “Veteran status” to some civilians who served in Vietnam, thus allowing them and their families to apply for VA benefits. They are considered to have been on “active-duty” during Vietnam. In another attempt to do right by those who served our country, a bill was recently introduced in congress to provide VA health care to Korean-Americans who had served as Korean soldiers in Vietnam fighting along side our U.S. forces. What other country would even consider such kind and generous policies? And yet, our legislators are being frugal when it comes to the issue of concurrent receipt by disabled military retirees!

    The bottom line:

    Concurrent receipt should apply fairly and equally to all VA ratings, not just 50 percent or more. Just as we rely on our troops to stand up for us in times of need, we should expect our legislators to stand up for all Veterans in their time of need. Passing a bipartisan concurrent receipt bill that prevents an earned military pension from being reduced by a disability payment is the right thing to do.

    Source

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  • Congress orders VA to reveal plans to extend benefits to more Agent Orange-exposed Vets

    Extend AO Benefits

     

    Tucked among the more than 1,700 pages of the the federal funding bill expected to pass Congress this week is an order from Congress to the Department of Veterans Affairs to share the VA's plan to extend disability benefits to more Agent Orange-exposed Vets.

    Congress wants to know whether VA plans to add four new diseases to the list of conditions Veterans experience that are presumed to be caused by Agent Orange exposure. Those include bladder cancer, hypothyroidism, hypertension and Parkinson's-like symptoms, though the bill does not mention them by name.

    The legislation requires the VA to send a report to Congress within 30 days of the bill's passage that must include the "a detailed explanation" for the years-long delay to make a decision on whether to cover those diseases. The report also must include a cost estimate for covering those diseases and a specific date when the VA expects the changes to go into effect.

    The funding bill is expected to pass the House and Senate this week.

    An Institute of Medicine report in 2016 found evidence that bladder cancer, hypothyroidism and symptoms similar to Parkinson's disease have likely links to the toxic herbicide. In 2018, the National Academies of Sciences found evidence linking hypertension, or high blood pressure, to the toxic herbicide as well.

    Expanding the list of health conditions presumed to be caused by Agent Orange exposure could provide disability pay and health benefits to more than 83,000 Veterans.

    Two years ago, then-VA Secretary David Shulkin decided to add more diseases to the VA's list of health concerns that qualify a Veteran for Agent Orange disability benefits, but White House officials stood in Shulkin's way, citing concerns about the cost of covering the additional diseases and requesting more research, according to documents obtained by a Veteran through the Freedom of Information Act and provided to Connecting Vets. Military Times's Patricia Kime first reported on the documents.

    VA leaders say they're waiting on the results of two studies before making a decision:

    • The Vietnam Era Health Retrospective Observational Study
    • The Vietnam Era Mortality Study

    Both studies are being conducted by the VA.

    Earlier this year, Veterans Health Administration acting head Dr. Richard Stone told Congress the VA "hoped" to make a decision on those illnesses "within 90 days," which was previously reported by Connecting Vets.

    That deadline has long passed. It's been seven months, and thousands of Veterans are still waiting for the VA to deliver on its promise.

    Repeated attempts by Connecting Vets to get an update from VA officials on whether the department had a forthcoming decision are consistently met with the same statement: "VA has no announcements on Agent Orange presumptive conditions at this time."

    A list of the diseases currently linked to Agent Orange and eligible for benefits can be found here.

    Source

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  • Couple Sentenced for Feigning Blindness for VA & Social Security Benefits

    Justice 042

     

    WICHITA, KAN. – A husband and wife from Hutchinson, Kansas, have been sentenced for deceiving the federal government about a medical condition to receive benefit payments. Addison Lewis, 41, and Brandi Lewis, 38, each received five years of probation after pleading guilty to one count of Theft of Government Property.

    From 2013 to 2018, Addison Lewis misrepresented himself as having cortical visual blindness to the Department of Veterans Affairs (VA). In turn, the VA increased his benefits amount. Addison Lewis admitted misleading the VA by exaggerating symptoms and impairment attributed to cortical visual blindness. Brandi Lewis intentionally provided inaccurate information to the VA to support her husband’s false claim.

    The court ordered the Lewises to pay $111,510 in restitution to the Social Security Administration and $131,972 in restitution to the VA.

    The Department of Veterans Affairs, Office of Inspector General (VA-OIG) Criminal Investigations Division and the Social Security Administration, Office of Inspector General investigated the case.

    Assistant U.S. Attorney Mona Furst prosecuted the case.

    Source

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  • Court rules again to give Veterans access to both Post-9/11 and Montgomery GI Bill education benefits

    Montgomery GI Bill

     

    Federal officials have just a few weeks to decide whether to go along with a court ruling giving thousands of Veterans an extra year of college tuition benefits or appeal the order in hopes of reversing the potential billions of dollars in new payouts.

    Last week, the U.S. Court of Appeals for Veterans Claims issued its final ruling on the case of “BO vs Wilkie,” letting stand an earlier decision that the Department of Veterans Affairs practice of making Veterans relinquish their Montgomery GI Bill eligibility in order to receive Post-9/11 GI Bill payouts is improper.

    Federal officials argued in court that the arrangement is designed to make sure Veterans aren’t doubling up on their government benefits for personal profit. But the court rejected that argument, saying that instead Veterans eligible for both programs should receive each set of payouts, just not simultaneously.

    That means that Veterans who use up their 36 months of Post-9/11 GI Bill education benefits would still have access to 12 months of Montgomery GI Bill benefits if they paid into the program while they were serving. Under existing federal statute, any government higher education payouts are capped at 48 months.

    VA officials appealed the ruling of a three-judge panel to the full Veterans claims court, but were denied. That started a two-month clock on appealing the case to the Court of Appeals for the Federal Circuit, or allowing the ruling to stand.

    Department officials in past court filings have indicated that they intend to appeal. A VA spokesman referred questions on the case to the Department of Justice. Justice officials did not respond to requests for comment.

    Tim McHugh, an associate with the legal firm Hunton Andrews Kurth who led the legal fight against the VA, said if an appeal is accepted by the higher court, he is hopeful they could get a ruling on an expedited basis, possibly early enough for resolution before the 2020 fall semester.

    “When they are looking at the timing of a case like this, it is appropriate for the court to consider the impact on not just the plaintiff but also everyone else,” he said.

    Under current rules, the Post-9/11 GI Bill provides 36 months of tuition assistance and living stipends to Veterans (or their family members) who served at least three years on active-duty after Sept. 10, 2001. The total value of those payouts can top $20,000 a year, depending on where individuals attend school.

    That benefit has largely replaced the Montgomery GI Bill as Veterans’ primary education benefit. That program requires servicemembers to pay $1,200 in their first year after enlisting to be eligible for the program. Individuals who did so could receive 36 months of education payouts of nearly $2,000 last semester.

    The Montgomery GI Bill still has an average of more than 130,000 new enrollees annually, but fewer than 6 percent of Veterans eligible for both education benefit programs chose the Montgomery program in recent years.

    VA officials have until March 9 to appeal but are expected to announce a decision sooner than that date.

    Source

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  • Defendant Who Stole Veteran and Social Security Benefits Sentenced to Federal Prison

    Justice 062

     

    Miami, Florida – A 27-year-old Georgia man who redirected the benefits of Veterans and Social Security Administration beneficiaries to accounts that his co-conspirators set up and controlled has been sentenced to 78 months in federal prison, to be followed by five years of supervised release. The defendant was also ordered to pay more than $1.3 million in restitution to his victims.

    Defendant Jamare Mason was a member of a conspiracy that obtained the personal information (including names, dates of birth and Social Security numbers) of disabled Veterans and Social Security beneficiaries. The conspirators used this information to fraudulently open bank accounts and prepaid debit cards in the victims’ names. They also forged documents in the victims’ names that directed the U.S. Department of Veterans Affairs and the Social Security Administration to deposit benefit payments into those fraudulent accounts, instead of the victims’ legitimate bank accounts.

    Mason, together with other co-conspirators, withdrew these funds from ATMs and banks throughout South Florida and Georgia for their own personal use. Much of the funds were ultimately funneled to the architects of the scheme in Jamaica.

    Over the course of five years, from 2012 to 2017, members of the conspiracy attempted to redirect over $1.8 million in benefits from more than a hundred disabled Veterans and Social Security beneficiaries. Although several of these attempts were blocked, the defendants’ scheme resulted in the actual loss of over $1 million, money that was diverted from disabled Veterans and Social Security beneficiaries. In each instance, the federal government reimbursed these victims for the full amounts of their stolen benefits.

    In November 2021, Mason pled guilty to conspiring to commit bank and wire fraud. U.S. District Judge Raag Singhal, who sits in Ft. Lauderdale, imposed Mason’s sentence.

    U.S. Attorney for the Southern District of Florida Juan Antonio Gonzalez; Special Agent in Charge David Spilker of the Department of Veterans Affairs, Office of Inspector General’s (VA-OIG) Southeast Field; Special Agent in Charge Rodregas W. Owens, Social Security Administration Office of the Inspector General (SSA-OIG); and Inspector in Charge Tommy D. Coke, U.S. Postal Inspection Service (USPIS), Atlanta Division made the announcement.

    U.S. Attorney Juan Antonio Gonzalez commended the investigative efforts of the Transnational Elder Fraud Strike Force, including our partners at the Department of Veterans Affairs’ Office of the Inspector General, United States Postal Inspection Service, Homeland Security Investigations, and the Social Security Administration’s Office of the Inspector General.

    The case was prosecuted by Assistant U.S. Attorneys Lois Foster-Steers and Sajjad Matin. Assistant U.S. Attorney Annika Miranda is handling asset forfeiture.

    Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. The mission of the Department’s Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s seniors. To learn more visit https://www.justice.gov/elderjustice/roadmap. The public is encouraged to report their victimization and suspected fraud schemes. To find the right reporting agency visit https://www.justice.gov/elderjustice/roadmap or call the victim connect hotline at 1-855-484-2846.

    Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 19-cr-60313.

    Source

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  • DoD answers top 10 questions on expanded commissary, exchange, MWR access

    DoD Answers

     

    The Defense Department recently announced expanded commissary, military service exchange and MWR access Jan. 1 and established a standard for physical access to military installations. Below are the top 10 questions Veterans have asked the Defense Department about the expanded access. For more information on expanded access, call Military One Source at 1-800-342-9647.

    Q1. How do I get access if I have a 0 percent service-connected condition, but my income is too high to get a Veteran Health Identification Card?

    A1. Veterans who have received a Health Eligibility Center Form H623A that states they have been placed in VA health care priority group 8E may bring this form paired with an acceptable credential like aREAL ID-compliant driver’s license or aU.S. passport for installation and privilege access.

    Q2. If I’ve got a DoD-issued identification card because I’m retired, a Medal of Honor recipient, or have a 100 percent VA-documented disability or unemployability rating, do I also need to have a Veteran Health Identification Card (VHIC) to get access to DoD privileges?

    A2. No.  If you are eligible for a DoD-issued retiree, Medal of Honor, or 100 percent disabled identification card, you should obtain and use the DoD-issued card to access DoD installations and privileges.  While you could use a VHIC if you had one, you would be subject to the commissary credit/debit card user fee if you paid for your commissary purchases with a commercial credit or debit card.  The commissary credit/debit card user fee is not charged to DoD-issued identification card holders.  Your DoD-issued identification card will also allow you broader morale, welfare, and recreation activity access.

    Q3. How does the installation access process work for me and my guests; and if I have old felony activity on my record, will I be denied access to the installation?

    A3. All newly eligible Veterans and caregivers and any guests traveling with them who are age 18 or older must stop at the visitor control center before entering an installation for the first time to verify identify, establish purpose for the visit, and undergo a basic on-the-spot background check.

    • Newly eligible Veterans must show a Veteran Health Identification Card that displays “PURPLE HEART,” “FORMER POW,” or “SERVICE CONNECTED” below the photo on the front of the card; or a Health Eligibility Center Form H623A that states the Veteran has been placed in VA health care priority group 8E, paired with an acceptable credential like a REAL ID-compliant driver’s license or a U.S. passport. (DoD installations cannot accept a driver’s license that is not REAL ID-compliant as proof of identity.)
    • Newly eligible caregivers must show an eligibility letter from the VA’s Office of Community Care that lists them as the Primary Family Caregiver for an eligible Veteran under the Program of Comprehensive Assistance for Family Caregivers, paired with an acceptable credential like a REAL ID-compliant driver’s license or a U.S. passport. (DoD installations cannot accept a driver’s license that is not REAL ID-compliant as proof of identity.)
    • Guests of newly eligible Veterans or caregivers who are age 18 or older must show an acceptable credential like a REAL ID-compliant driver’s license or a U.S. passport. (DoD installations cannot accept a driver’s license that is not REAL (ID-compliant as proof of identity.)

    If the installation has credential enrollment capability and the acceptable credential(s) used are enrollable, they can be enrolled for recurring access so that the individual(s) don’t have to stop at visitor control every time they want to visit the installation.  Even a guest’s acceptable credential can be enrolled.  It will not allow them to enter the installation without someone who is eligible to enter the installation, but it will allow them to have their credential scanned from the car when entering with an authorized individual.  This is the same process used for anyone who desires entry to an installation.

    An individual may be denied access if derogatory information shows up on the background check that reflects on the integrity or character of an individual that indicates that such an individual may pose a risk to the good order, discipline, morale, or safety of a DoD installation or the resources or personnel on that installation. Examples include, but are not limited to, aspects of an individual’s criminal history or current status as wanted or as a known or appropriately suspected terrorist. There is a process for an individual with accurately identified derogatory information that prevents individuals from establishing either historic or current fitness to seek an exception due to their specific circumstances, allowing them to be granted unescorted access. DoD Components may grant unescorted access to a convicted felon, in accordance with applicable Federal, State, and local laws, after considering appropriate mitigating factors such as the nature and seriousness of the offense, the circumstances surrounding the offense, recency and frequency of the offense, the individual’s age and maturity at the time of the offense, the individual’s effort toward rehabilitation, and other factors. Under these conditions, an individual should apply directly to the installation commander requesting an exception to all allow access to the installation.

    Q4. Are dependents of newly eligible Veterans and caregivers also eligible for DoD privileges?

    A4. No. The Purple Heart and Disabled Veterans Equal Access Act of 2018, only gave these privileges to specific Veterans and caregivers, not to their dependents.  Dependents may accompany eligible Veterans and caregivers as their guests, but they may not make purchases.

    Q5. Why can’t all Veterans have these DoD privileges?

    A5. The scope of operations on military installations is sized to take care of the needs of military members and their families.  Military operations are not funded or sized to accommodate all Veterans. Expanding access to the 4.1 million Veterans and caregivers directed by the Purple Heart and Disabled Veterans Equal Access Act of 2018 (and that number continues to grow daily), will already be a test of DoD’s capacity. Inserting another 15 million Veterans into the mix would overwhelm the system and our military members and their families would suffer for it.

    Q6. Will Veterans who choose to live overseas be able to access military installations and privileges in overseas foreign countries?

    A6. It depends.U.S. law doesn’t apply outside of theUnited States and outside of theU.S. territories and possessions. Access in overseas foreign countries is subject to applicable host-nation laws and applicable international agreements, like status of forces agreements. The function of the installation also sometimes restricts access. It is best to check with the installation you desire to visit to find out if, as a Veteran or caregiver in one of the new Veteran or caregiver categories, you will be authorized access. Chances are that if you are a retired military member living abroad and didn’t already have access as a retiree, you will not get access under any of the new categories.

    Q7. Can newly eligible Veterans and caregivers bring guests to the installations and facilities?

    A7. Yes. Guests will be subject to installation access procedures described in #8 above and must remain with the eligible Veteran or caregiver at all times when they are on the installation. Also, guests cannot make any purchases in commissary or exchange stores.

    Q8. Which of the following MWR activities can be used?  (This is not an exhaustive list, only the most frequently asked about activities.)

    A8.

    AmericanForcesTravel.com: Yes.

    Bowling: Yes.

    Camping: Yes. Tent sites and RV parks.

    Child Care: No.

    Clubs: Yes.

    Fishing: It depends. If lakes are operated as part of the installation park and picnic areas, no. If lakes are operated as part of the installation outdoor recreation activity, then it is at the discretion of the Military Department, subject to capacity and funding conditions.

    Golf: Yes.

    Gyms: No.

    Libraries: No.

    Lodging: Yes.   Cabins, cottages, recreation centers, resorts, and official temporary duty and permanent change of station lodging (on a space-available basis).

    Movies: Yes, if there is an admission fee.  (No, if the movies are shown at no charge.)

    Pools: At the discretion of the Military Department, subject to capacity and funding conditions.

    Rentals: Yes.

    Tickets: At the discretion of the Military Department, subject to capacity and funding conditions.

    MAC flights: This is NOT an MWR, exchange, or commissary activity and access is NOT authorized.

    Pharmacy: This is NOT an MWR, exchange, or commissary activity and access is NOT authorized.

    USO: This is NOT a military organization.  USO is a non-Federal entity.

    Q9. What conditions are required to get access to the DoD privileges?

    A9. Newly eligible Veterans must meet at least one of the following conditions:

    • Purple Heart recipient
    • Former prisoner of war
    • Service-connected disability rating (between 0-90 percent)

    Veterans with a 100 percent disability or unemployability rating and Veterans who are Medal of Honor recipients already have DoD privileges, so they are not newly eligible.

    Veterans include former members of any of the uniformed services (Army, Navy, Air Force, Marine Corps,Coast Guard,U.S. Public Health Service, and National Oceanic and Atmospheric Administration).

    Newly eligible caregivers must be the individual assessed, approved, and designated as the Primary Family Caregiver for an eligible Veteran under the Program of Comprehensive Assistance for Family Caregivers.

    In addition to meeting one of the above conditions, newly eligible Veterans and caregivers must possess the specific documentation that DoD will accept as proof of identity and eligibility for access:

    • Veterans must possess a Veteran Health Identification Card (VHIC) that displays “PURPLE HEART,” “FORMER POW,” or “SERVICE CONNECTED” below the photo on the front of the card. If an eligible Veteran is not eligible to obtain a VHIC, the VA Health Eligibility Center Form H623A indicating placement in VA health care priority group 8E, paired with an acceptable credential, like a REAL ID-compliant driver’s license or U.S. passport, will be accepted. For information on enrolling in VA health care, visit www.va.gov/healthbenefits/enroll or call 1-877-222-VETS (8387) Monday through Friday 8 a.m. until 8 p.m. Eastern time.
    • Caregivers must possess an eligibility letter from the VA Office of Community Care that lists them as the Primary Family Caregiver for an eligible Veteran under the Program of Comprehensive Assistance for Family Caregivers, paired with an acceptable credential like a REAL ID-compliant driver’s license or a U.S. passport.

    Q10. Can anyone with a Veteran Health Identification Card (VHIC) get these privileges?

    A10. No. Only Veterans with a VHIC that displays “PURPLE HEART,” “FORMER POW,” or “SERVICE CONNECTED” will be authorized the new privileges. Veterans may be able to use a VHIC that doesn’t contain one of these markings to access an installation with a medical facility if they have an appointment there, but if the VHIC does not display “PURPLE HEART,” “FORMER POW,” or “SERVICE CONNECTED,” they will not have access to commissaries, exchanges, or morale, welfare, and recreation facilities.

    Learn more about the VHIC requirement and how you can get one here.

    Download the Expanded Access at Commissaries, Exchanges and Recreation Facilities fact sheet here.

    Source

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  • Expanding benefits to Veterans: MCVSO updates on PACT Act changes, new VA clinic

    Expanding Benefits

     

    CLARKSVILLE, TN (CLARKSVILLE NOW) – As the Montgomery County Veterans Service Organization (MCVSO) works to address ongoing concerns from Veterans and their families, the organization reports there may be new disability benefits available for many of them following recent legislation.

    The MCVSO helps Veterans apply for a variety of benefits from the U.S. Department of Veterans Affairs (VA). In Montgomery County, 14% of the population is made up of Veterans, and, according to MCVSO Director Anthony Kester, 55% of those claim disability benefits in Montgomery County. That percentage is double the state average of 27%.

    Addressing Veteran concerns

    At the City Council meeting on Thursday, council members heard an update on the efforts of the organization.

    Kester explained that the top three concerns Veterans are faced with, according to the data, are healthcare, disability benefits and transportation. He said the organization has made progress in tackling those issues, most notably in healthcare.

    “They will be opening in January a VA clinic in the actual Blanchfield Hospital. So now we will have a second clinic. We’ll have the Weatherly Clinic and then we’ll have the Fort Campbell VA clinic that we can get our Veterans to before we get a larger facility,” he said.

    In addition to a second clinic, Kester reports that disability benefits for Veterans are up over previous years. He noted these funds have a direct impact on the local economy.

    “$460 million came in last year in economic impact. So, that’s houses, cars, education (and) entertainment dollars. It benefits us all. We want to keep that money in Montgomery County and grow our Veterans and our businesses.”

    He attributed that amount to the number of VSO officers working in Montgomery County.

    The economic impact for Montgomery County was $315 million in 2017, and it has grown steadily over the past few years. According to Kester, by 2022, that amount should be over half a billion dollars.

    To address transportation issues, the organization continues to offer phone appointments and remote services.

    “All during COVID, we did phone appointments, so we did remote services. And we still have Veterans that are still reluctant to come out, whether it be just for health concerns or transportation issues,” Kester said. “We still extend that (remote services) to our Veterans.”

    In 2021, the organization filed nearly 9,200 claims for Veterans.

    PACT Act 2022

    The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This law helps provide generations of Veterans and their survivors with benefits, according to the U.S. Department of Veterans Affairs.

    The PACT Act:

    • Expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam, Gulf War, and post-9/11 eras.
    • Adds more than 20 new presumptive conditions for burn pits and other toxic exposures during the wars in Iraq, Afghanistan and other hostile locations.
    • Adds more presumptive-exposure locations for Agent Orange and radiation.
    • Requires VA to provide a toxic exposure screening to every Veteran enrolled in VA health care.

    “It’s America’s promise to address the compensable toxin exposure, and it covers all eras,” Kester said. “We have some additional benefits for Vietnam Veterans for Agent Orange. One of the largest presumptive they’ve added is hypertension.”

    He noted that the federal government has also added new areas for Veterans who served in Vietnam, the Gulf War, and other conflicts. In the instance of Vietnam era Veterans, men and women serving in Guam, American Samoa and Thailand, among other areas, are now eligible for certain benefits.

    “Whether it be the Veteran or a surviving spouse, there is no statute of limitation. If that Agent Orange Vietnam Veteran died 30 years ago of a heart attack or a stroke, and had hypertension, we can now service connect that. The VA will send them a letter at their last known address saying, ‘We knew that you filed this claim. Please come back and ask for it again.'”

    Kester explained that in some instances, families may have moved since that Veteran died, so they are working to reach out to families who may have been impacted by these factors.

    To find details on the services offered by the Montgomery County VSO, visit the website or call 931-553-5173.

    Source

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  • Family seeks damages after Veteran's suicide inside VA mental health unit

    Sgt Brieux Dash

     

    WASHINGTON — The family of Sgt. Brieux Dash, a Veteran who died by suicide in a Department of Veterans Affairs mental health unit last year, filed a claim against the VA on Friday, arguing that the agency’s “deliberate indifference” and “complete disregard for patient safety” contributed to Dash’s death.

    Dash, 33, hung himself March 14, 2019, on a door in the locked mental health unit at the West Palm Beach VA Medical Center. His death prompted an investigation by the VA Office of Inspector General, which found unsafe practices in the unit.

    Managers of the unit didn’t pay enough attention to training requirements, the IG’s office wrote in its report. There was also a lack of oversight from regional and national offices, as well as staffing issues, inoperable cameras and too much time between nurses’ safety rounds. In addition, no one had recognized the risk posed by corridor doors.

    Dash’s wife, Emma, and their three children, ages 17, 15 and 5, are pursuing wrongful death claims under the Federal Tort Claims Act “because the VA breached its duty to provide Brieux with a place of safety and prevent his suicide,” reads the claim, filed Friday by Bertling Law Group.

    Dash was an Army Veteran who had deployed twice to Iraq, once in 2007 and again in 2009. He had a 50% disability rating with the VA for his depression and post-traumatic stress disorder.

    “Brieux had a difficult time transitioning to civilian life,” the claim reads. “The realities of war made him a different man.”

    He attempted suicide twice before, once in 2016 and again March 11, 2019. After Dash tried to use a belt to hang himself March 11, his wife called emergency responders, who took him to the West Palm Beach VA. Emma Dash worked as a pharmacy technician at the VA hospital and told officers that’s where he should go.

    “She now experiences deep remorse and guilt for making that recommendation,” the claim says.

    At the unit — a 25-bed, high-intensity, locked mental health area — Dash was red-flagged as being at high risk for suicide. During his multiple days in the unit, Dash was cooperative, social and sleeping and eating well, the IG reported. He agreed to take prescribed antidepressants and was eventually designated as “low risk” for suicide.

    However, when Dash’s discharge was delayed on the fourth day of his hospital stay, he became agitated and screamed that he wanted to go home.

    “In a fit of rage, Brieux isolated himself behind the closed door of room 235-1, where he wrapped a self-made noose around his neck and hung himself from the corridor door,” Emma Dash’s claim reads.

    A fellow patient found Dash, who was later pronounced dead in the hospital’s emergency room.

    Following the IG report last year, the hospital initiated a plan that included more frequent and random safety rounds in the unit. The hospital director told the IG that they would install over-the-door-alarm systems and working cameras.

    At the time, the IG’s office asserted that hospital leaders deflected responsibility, failed to perform their duties and “lacked awareness of patient safety requirements.”

    “Facility leaders and managers only started to respond aggressively to longstanding deficient conditions after” Dash’s suicide, the IG’s report states.

    In addition to the unsafe practices at the hospital, Emma Dash’s claim says VA employees didn’t contact her in a timely manner to plan for her husband’s discharge.

    “This critically important communication failure resulted in a significant delay of Brieux’s discharge and caused further destabilization of his physical and mental condition,” according to the claim.

    Emma and Brieux Dash met at West Potomac High School in Alexandria, Va., at age 14, the claim says. They had their first child in 2002 and were married in 2006, the same year Dash joined the military.

    Before his suicide, Dash had recently lost his job and said for several days that he thought his family would be better off if he were dead.

    Four days before his hospitalization, he received a notice from the VA, stating that the agency had overpaid him nearly $20,000 in benefits and would be stalling any future payments until the amount was paid. Emma Dash’s claim says the letter “sent Brieux into a downward spiral of depression, anxiety, emotional distress and fragility.”

    The family has “sustained an indescribable loss since Brieux died by suicide,” the claim concludes. “The VA should do the right thing by admitting liability and reasonably compensating the estate of Brieux Dash for the damages it has sustained.”

    Peter Bertling, the family's attorney, planned to file separate claims for Emma Dash and each of the three children.

    Source

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  • Fargo VA expands COVID-19 vaccine eligibility to all Veterans enrolled in VA healthcare

    VA Expands COVID 19 Vaccine

     

    FARGO, N.D. (Valley News Live) - Due to a recent large shipment of COVID-19 vaccine, the Fargo Veterans Affairs (VA) Health Care System (HCS) is expanding COVID-19 vaccine eligibility to all Veterans enrolled in VA healthcare, regardless of age, on Feb. 12, 13, and 15.

    Veterans enrolled in VA healthcare are encouraged to call the Fargo VA at (701) 239-3700, select option 2, to schedule a COVID-19 vaccine appointment at the Fargo VA Medical Center on Feb. 12, 13, or 15. This expanded eligibility is currently only available for those who schedule their vaccine appointment on Feb. 12, 13, or 15.

    Veterans must be enrolled in VA healthcare to receive the COVID-19 vaccine through the VA. Those interested in enrolling should call the Fargo VA’s Eligibility Office at (701) 239-3700 extension 3428.

    Source

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  • Federal Court Says VA Can't Block Education Payouts

    Block Ed Payouts

     

    A federal court has ruled the Department of Veterans Affairs cannot force Veterans to relinquish their Montgomery GI Bill eligibility in order to receive Post-9/11 GI Bill payouts.

    The U.S. Court of Appeals for Veterans Claims made the ruling last week, upholding a lower court’s decision in BO vs. Wilkie, according to Military Times.

    VA officials must now decide if they will contest the ruling, which could provide thousands of Veterans with an extra year of college tuition benefits.

    Government officials have previously argued the limitation was designed to prevent Veterans from “doubling up on their government benefits for personal profit,” according to the report.

    But the court ruled instead that Veterans eligible for both programs should be able to receive payouts from each, so long as those payouts aren’t simultaneous.

    “That means that Veterans who use up their 36 months of Post-9/11 GI Bill education benefits would still have access to 12 months of Montgomery GI Bill benefits if they paid into the program while they were serving,” Military Times reports. “Under existing federal statute, any government higher education payouts are capped at 48 months.”

    The Post-9/11 GI Bill provides 36 months of tuition assistance and living stipends to Veterans who meet certain service requirements since Sept. 10, 2001. The Montgomery GI Bill provides 36 months of education payouts for Veterans who paid $1,200 in their first year after enlisting.

    VA officials have until March 9 to appeal the decision.

    Source

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  • Feds to Vets: Beware of scammers charging you to file for benefits

    Beware of Scammers

     

    Consumer advocates are reminding veterans that you don’t have to pay someone to file disability claims.

    “Some dishonest businesses set their sights on the monetary benefits veterans get for their service, especially with the passing of the PACT Act, which expands VA benefits and health care for veterans exposed to burn pits and other toxic substances,” wrote the Federal Trade Commission in a recent consumer alert.

    “Scammers also try to get in your good graces by emphasizing — maybe even stretching the truth about — their time in service,” the alert stated.

    That could mean a hefty financial burden for veterans, said Marty Callaghan, deputy director of benefits and claims services for the American Legion.

    “I’m glad the FTC did that, because these folks are out for profits,” Callaghan said. “They charge too much money for their services, especially when veteran service organizations like the American Legion, VFW and DAV and the others can provide these services for free.”

    For the last fiscal year, the American Legion alone helped veterans get $16 billion in benefits, Callaghan said. “Multiply that by all the other veteran service organizations,” he added.

    The VA can help veterans find a VA-recognized organization or a VA-accredited individual to help them file a claim. The VA advises veterans to ask up front whether they will have to pay any money.

    In some cases, predatory companies charge 500% to 600% of the monthly benefit the veteran receives. So if, for example, a veteran receives a monthly benefits increase of $1,000, the veteran would owe the company $5,000 to $6,000 “right off the bat,” he said. Veterans sign a contract, but may not realize the cost.

    “We’re working with Congress and other veteran service organizations to try to get this problem taken care of. It’s gotten worse since the pandemic started,” Callahan said. “These companies are making millions of dollars off of our veterans.

    “They’ve turned veterans’ disability benefits into a for-profit venture,” he said.

    The Promise to Address Comprehensive Toxics Act, better known as the PACT Act, expands and extends eligibility for VA health care for veterans with toxic exposures and veterans of the Vietnam, Gulf War, and post-9/11 eras. It adds more than 20 additional presumptive conditions for burn pits, Agent Orange and other toxic exposures, and adds more presumptive-exposure locations for Agent Orange and radiation.

    Those include 12 types of cancer and 12 other respiratory illnesses linked to burn pit exposure in the Gulf War and the wars in Iraq and Afghanistan; hypertension and monoclonal gammopathy of undetermined significance (MGUS) for veterans who served in Vietnam; and radiation-related illnesses for veterans who served in several new locations in the 1960s and early 1970s.

    With presumptive conditions, veterans don’t have to prove that their service caused the condition. They just have to meet the service requirements for the condition.

    Within 75 days after the PACT Act was signed into law, the VA had received 112,949 new applications for disability claims related to the new presumptive illnesses. VA will start processing the claims in January.

    These additional presumptive conditions unfortunately may make veterans even better targets for predators, Callahan said.

    “Veterans are easy pickings for predators,” he added.

    The disability claims filing process is separate from one provision of the PACT Act, which allows lawsuits against the federal government specifically in relation to harm caused by exposure to contaminated water at Camp Lejeune.

    Legal advertisements about Camp Lejeune water contamination have been flooding the air waves and mailboxes since the PACT Act was signed into law.

    Source

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  • Fort Dodge Man Sentenced to Federal Prison for Misappropriating Social Security Benefits of Severely Disabled Nursing Home Resident

    Justice 037

     

    Stole Over $15,000 after Applying to Become Victim’s Representative Payee

    A Fort Dodge man who stole over $15,000 in Social Security benefits from a severely disabled woman was sentenced February 23, 2022, to ten months in federal prison. Donald Glenn Conner, also known as Donald Luevanos, age 38, received the prison term after a September 16, 2021 guilty plea to one count of representative payee fraud.

    In a plea agreement, and at his guilty plea and sentencing hearings, Conner admitted that, in March 2018, the Social Security Administration (SSA) approved his application to become the representative payee for a severely disabled relative. A representative payee is a person whom the SSA entrusts to manage Social Security funds for those who cannot do so due to mental, physical, or other limitations. A doctor had diagnosed Conner’s relative with a severe mental impairment, and she also had a number of other physical health issues. In May 2019, Conner admitted his victim to a local nursing home on the false pretense that she was on Medicaid when she was not. Conner then used his victim’s social security funds for his own purposes, including at a casino, a grocery store, and for videogames, subscription services, and other bills. In March 2020, after the nursing home began asking questions about Conner’s use of his victim’s Social Security funds, Conner abruptly removed his victim from the nursing home against a doctor’s medical advice and left the nursing home with an unpaid bill in excess of $50,000. The investigation also revealed that Conner falsely underreported his household income and received an overpayment of Section 8 federal housing benefits.

    Conner was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Conner was sentenced to 10 months’ imprisonment. He was ordered to make $15,499 in restitution. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.

    Conner was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

    The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Social Security Administration, Office of Inspector General, and Health and Human Services, Office of Inspector General.

    Source

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  • H.R. 2436, the Veterans Burn Pit Exposure Recognition Act

    Take Action

     

    Veterans Exposed to Burn Pits Need Your Action

    On April 8, 2021, Representative Elissa Slotkin (MI), a member of the House Veterans’ Affairs Committee, and Representative Peter Meijer (MI), introduced H.R. 2436, the Veterans Burn Pit Exposure Recognition Act, a companion bill to S. 437.

    Currently, the Department of Veterans Affairs (VA) does not provide a presumption of service connection for diseases related to burn pit exposure. Exposed veterans must file for direct service connection and VA has denied nearly 80% of those claims since 2007. A recent report from the National Academies notes there is currently insufficient evidence for presumptive diseases and that more studies are needed.    

    However, Congress can take action now and not wait for more studies to be completed. H.R. 2436 would concede exposure to burn pits to any veteran who was exposed to specific toxins currently accepted by VA and served in certain locations with burn pits recognized by VA. If the evidence is not sufficient for VA to grant the claim, the bill requires VA to request a medical opinion to address the association of the veteran’s claimed disease to the known toxins.

    Consistent with DAV Resolution No. 049, we support H.R. 2436, as it would remove obstacles for veterans trying to establish a claim based on burn pit exposure. We are calling on all DAV members and supporters to contact their Representative and urge them to co-sponsor and support H.R. 2436—the Veterans Burn Pits Exposure Recognition Act of 2021.

    Your action on H.R. 2436 will advise Congress of the dire need of benefits and health care for veterans exposed to toxins emitted from burn pits. Thank you for all you do for America’s ill and injured veterans and their families.

    TAKE ACTION

  • Having a VA Disability Rating Doesn't Prevent You from Serving in the Military

    Disability Rating Serving

     

    There are many myths about having a Department of Veterans Affairs' disability rating and serving in the military. The most common is that, if you have a VA disability rating, you can never serve in the military again. Or if you do serve in the military, you have to waive your disability rating or all of your VA disability compensation. None of these statements is completely true.

    The truth is, in some cases, it is possible to serve in the military with a VA disability rating.

    Because you can file a VA disability claim only after leaving active duty, this article is making the assumption that the military member has left active duty and is either transitioning into the Guard or Reserves or trying to return to active duty after a break in service.

    Can You Serve in the Military with a Disability Rating?

    The answer is maybe. Simply having a VA disability rating does not prevent someone from joining the military. However, the underlying medical condition may prevent someone from medically qualifying to serve again.

    For example, you can receive a VA disability rating for knee surgery that you had while on active duty. If your knee has otherwise healed and you can perform your military duties, remain deployable and pass your PT test, then you may be eligible for continued military service.

    However, other underlying medical conditions may prevent you from joining the military again. For example, it may be difficult to join again if your VA disability rating stems from a serious medical condition that prevents you from being able to perform your military duties, maintain deployability status or pass your PT test.

    If you had a break in service before trying to go back into the military, you may need to process through MEPS again. If you have a VA disability rating or certain other medical conditions, you may need to apply for a medical waiver to join the military.

    Can You Serve on Active Duty with a VA Disability Rating?

    Provided you have been medically cleared to serve, simply having a VA disability rating isn't enough to prohibit you from serving on active duty.

    However, federal law prohibits members from receiving military compensation and VA disability compensation for the same day of service.

    So, while you won't have to waive your actual VA disability rating, you would need to suspend your VA disability compensation payments until after your active-duty service ends. After that, you can contact the VA to resume your payments.

    What About Serving in the Guard or Reserves with a Disability Rating?

    The same rules apply to members of the Reserve Component as they do for active duty. However, there is one big difference: You don't have to suspend your VA disability compensation payments unless you are serving in a full-time capacity.

    When you receive VA disability compensation, you receive it on a monthly basis.

    When you serve in the Reserve Component, you receive military pay only on the days you serve (typically one weekend a month, and two weeks a year). You actually perform four drill periods on your weekend drill and receive pay for four days of work. You will receive only one day of pay for the other days you serve in the Reserve Component (Active Training, TDY, PME, etc.).

    The typical Guard or Reserve member receives military pay for only a handful of days per month. They are in an inactive status and are not receiving compensation for the remaining days of the month.

    Remember the rule above: "Federal law prohibits members from receiving military compensation and VA disability compensation for the same day of service."

    The law requires members of the Reserve Component to waive either their military compensation or VA disability compensation for days in which they received both forms of compensation. Thankfully, it's easy to decide which pay to waive.

    Deciding Which Pay to Waive

    Simply compare your monthly VA disability compensation payment to the base military pay for your paygrade and years of service. Waive the lesser of the two (Spoiler: This will almost always be your VA disability compensation).

    Keep in mind you have to waive your pay only on the days on which you receive both forms of compensation. In other words, the pay you waive is prorated -- you don't have to waive the full month of either of these payments, only the prorated amount for the days on which you received both.

    Both the VA and Defense Finance and Accounting Service (DFAS) prorate the payments based on a 30-day month. This means each day of VA compensation is worth 1/30 of your monthly VA disability rate. Likewise, each day of military service is worth 1/30 of your base military pay.

    So if you serve the traditional one weekend a month, two weeks a year, you would receive military compensation for 63 days of service (48 weekend drills and 15 AT days).

    The VA sends members a copy of VA Form 21-8951 at the end of the year documenting the number of days on which they received military compensation and VA disability compensation for the same period of service.

    You use this form to elect to either waive your VA disability compensation or your military pay. This article explains VA Form 21-8951 in more detail.

    If you waive your VA disability compensation, the VA will simply withhold future payments based on the number of days for which you received compensation in the previous year. If you were paid for 63 days of military service, the VA would withhold a little more than two months' worth of disability compensation from future payments. You can even request that the VA withhold only a portion of your future payments until the full amount is withheld.

    If you choose to waive your military compensation, you would need to repay the military in full. This would mean writing a large check to DFAS.

    In most cases, you will have earned more military compensation than you received in VA disability compensation, so it would make much more sense to waive your VA compensation.

    In Summary

    Yes, it may be possible to serve in the military with a VA disability rating, provided your underlying medical condition doesn't prevent you from meeting requirements. If you serve on active duty, in the full-time Guard/Reserves, or you have been activated, you may need to suspend your VA disability compensation payments to comply with federal law. Otherwise, members of the Reserve Component may need to waive either their military compensation or their disability compensation for the number of days on which they received both forms of compensation on the same day.

    Source

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  • Help us get support on these 4 Service Dog bills

    Take Action

     

    This week we are asking you to help us get support for 4 bills related to Service Dogs.  

    HR 1022 and S 951 will direct the Secretary of Veterans Affairs to carry out a grant program under which the Secretary shall make grants to private entities for the provision of service dogs to eligible Veterans with post-traumatic stress disorder. 

    HR 1448 and S 613 will direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy, and to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide service dogs to Veterans with mental illnesses who do not have mobility impairments. 

    Canine support is a proven treatment for those Veterans suffering from Post-Traumatic Stress.  There are many documented cases of these dogs being life savers.  With Veteran suicide at an unacceptably high level, this program will save lives and improve the quality of life for our mentally wounded warriors. 

    HR 1022

    S 951

    HR 1448

    S 613

     

    TAKE ACTION

  • Here’s why some bases aren’t allowing spouses to accompany their newly eligible Veteran to shop

    Spouse Not Allowed

     

    If you’re one of those Veterans who have new shopping benefits on military bases, and wonder if you’ll be able to bring along your spouse.... it depends.

    Defense officials maintain that these new shoppers are allowed to bring their spouses and others with them, if they follow screening and security procedures, with certain caveats based on security needs.

    By law, and as DoD policy reflects, spouses and dependents aren’t authorized the new benefit, so for example, they can’t purchase anything in commissaries, exchanges, or in morale, welfare and recreation facilities. "However, they may accompany a member of the newly-eligible patron groups [eligible Veterans or caregivers] onto the installation and into authorized facilities,” said DoD spokeswoman Jessica Maxwell, in a response to Military Times’ questions.

    But that doesn’t mean it’s happening at every installation. Since the new benefit began on Jan. 1, some Veterans have contacted Military Times asking why their spouses were not allowed to come with them on installations. These Veterans understand that their spouses don’t have the shopping benefit and can’t buy anything. But they questioned why bases are veering from DoD’s consistent statement that spouses are allowed to come on base with them, following required procedures.

    The new benefits were authorized by law for all Veterans with VA service-connected disability ratings; Purple Heart recipients; Veterans who are former prisoners of war; and primary family caregivers of eligible Veterans under the VA caregiver program.

    According to the Purple Heart and Disabled Veterans Equal Access Act of 2018, these populations are now entitled to access to commissaries, exchanges and certain morale, welfare and recreation facilities on the same basis as military retirees.

    There’s an important caveat. Maxwell noted that even if the accompanying guest provides the proper credentials to get onto the installation, installation commanders might still temporarily limit or restrict these guests’ access onto the base, depending on the situation. The installation commanders still have the responsibility and authority to take needed and lawful steps “in their best judgment to protect installation property and personnel,” she said.

    Everyone understands the need for additional security measures, said one Veteran whose wife was denied access at Naval Air Station Jacksonville in Florida. This new benefit for about 4.1 million potential new customers took effect just before military officials around the world were implementing heightened security measures as a result of tensions between the U.S. and Iran.

    But many question why spouses aren’t even given the opportunity to undergo the credentialing and background checks required for all guests to enter the military installation.

    One Veteran told Military Times that the procedure for getting access to Marine Corps Air Station Miramar was easy for him, but he was not allowed to bring his wife into the gate with him. This was on Jan. 2, before the heightened security measures took effect.

    Miramar officials referred questions to Marine Corps Installations Command, who didn’t confirm what the policy is at Miramar or where it originated. “We are ensuring we abide by guidelines put forth by DoD, Veterans Affairs and other partnered agencies to properly welcome our new patrons,” said MCIC spokesman Jeku Arce. “We appreciate our new patrons’ patience as our installations adapt to the new policy changes and follow proper physical security procedures to ensure the safety of those who work and live on our installations.

    ”Please keep in mind that force protection measures can change at any time for various reasons which can impact access to DoD installations."

    On Jan. 16, the Veteran contacted Military Times to say he was told the Miramar policy had changed, and his wife would be allowed to come on base with him.

    While some bases have told Veterans their restriction is temporary, at least one other base has published a statement saying spouses and other guests don’t have the right to enter the base. “The new legislation does not grant escort or sponsorship privileges,” according to a press release issued by MacDill Air Force Base, Fla, home of U.S. Central Command, U.S. Special Operations Command and dozens of other military tenants. It states that eligible Veterans and caregivers who are granted access to the installation and to base amenities “will not be able to bring family or members or guests with them them” unless those people have base privileges through their own Veteran or military-affiliated status.

    Commissary, exchange and MWR officials have no control over security procedures at installation gates. Commissary and exchange officials allow guests to accompany authorized shoppers, and check IDs of those who make purchases.

    Here are the current rules for these new customers who want to bring guests with them:

    *Stop at the installation’s visitor control center for the required security check, including verification of identity through a document such as REAL-ID compliant driver’s license, passport, etc.; and an on-the-spot criminal history and terrorism checks.

    * Guests must remain with their sponsoring Veteran or caregiver at all times, and in retail facilities, but they don’t have access to the benefits, such as making purchases.

    *If the installation has credential enrollment capabilities and the guest presents a credential that can be enrolled, the guest can be enrolled for recurring access to avoid having to stop at the visitor center each time. However, the guest can only enter the installation when accompanying their eligible Veteran or caregiver.

    Source

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  • Homeless Veterans in Los Angeles sue the VA over promised housing

    Homeless 028

     

    The group is suing the Department of Veterans Affairs for failing to build affordable housing. The suit claims the VA hasn't lived up to a 2011 agreement to house Veterans.

    LEILA FADEL, HOST:

    Los Angeles County has long had the country's highest number of homeless military Veterans - nearly 4,000 by last count. And last night, the U.S. Department of Veterans Affairs was hit with a lawsuit by a group of them who say the VA is depriving them of housing. Anna Scott from member station KCRW reports.

    ANNA SCOTT, BYLINE: For as long as he can remember, Josh Petitt wanted to join the military, like his dad who served in the Marine Corps and the Army.

    JOSH PETITT: When I was about 8 years old, I remember I watched him jump out of a helicopter. You know, I thought it was the coolest thing ever. And yeah, it was one of the main reasons I joined the Army.

    SCOTT: Was the experience what you expected once you got in?

    PETITT: For the most part. War wasn't what I thought it was going to be like. That was - yeah. I don't know.

    SCOTT: Petitt served as an infantry soldier in the Iraq War. He was awarded three Purple Hearts. And after returning stateside, he struggled with PTSD that led to drug addiction.

    PETITT: I'd never done methamphetamines till I got back from Iraq. I wouldn't have to sleep, and no sleep means no nightmares. So I thought I found the cure.

    SCOTT: We're speaking on a bench outside the homeless shelter where Petitt lives right now on what's known as the West Los Angeles VA. That's a huge medical campus, almost half the size of Central Park. Petitt believes he should be living on this campus in a real apartment, which is why he's now one of 13 disabled homeless Veterans suing VA Secretary Denis McDonough and the VA director in charge of this property.

    And this lawsuit is basically a do-over of a case filed in 2011, which hinged on how the government came to own this campus that I'm standing on more than a century ago. It was donated by a wealthy widow on the condition that the property serve as a home for Veterans. The 2011 case alleged that the VA had failed in that obligation. And a few years later, the VA agreed to build 1,200 apartments here for needy Veterans. But looking around, they've only completed a tiny fraction, and this campus still looks a lot like it did seven years ago. There's a hospital, various medical facilities and lots of empty open lawns and some stuff that has nothing to do with Veterans at all, like sports facilities for nearby schools.

    MARK ROSENBAUM: We trusted the government to come through, and that turned out to be a grievous error.

    SCOTT: Attorney Mark Rosenbaum with Public Counsel worked on that older lawsuit and says the only recourse is to sue again. So he has. The VA couldn't give an immediate response to the lawsuit, but in interviews earlier this year, VA officials have pointed out that they are building the housing. Construction is going on; it's just behind schedule. Why so slow? One reason is money. The VA says it can't pay for the housing because it's a health care agency. Here's the VA director in charge at the West LA campus, Dr. Steven Braverman, in April.

    (SOUNDBITE OF ARCHIVED RECORDING)

    STEVEN BRAVERMAN: Because of the laws that we have in our country, VA is not allowed to build housing unless it is specifically tied to a treatment program.

    SCOTT: So cobbling together the money for this enormous project falls to a team of private developers brought in by the VA. That takes time. But Mark Rosenbaum, the lawyer, rejects those excuses.

    ROSENBAUM: That's not just inhumane, and it's not just immoral, and it's not just a set of [expletive] lies. It's also against the law.

    SCOTT: The new lawsuit asks the court to force the VA to improve housing access for LA's neediest Veterans quickly because, it argues, for disabled Veterans who see doctors at the West LA VA in one of LA's highest-rent areas, not being able to live on or near the property means they don't get health care.

    For NPR News, I'm Anna Scott in Los Angeles.

    Source

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  • Honoring our PACT Act

    Take Action

     

    The Honoring our PACT Act, will improve health care and benefits for veterans exposed to toxic substances. This comprehensive bill will address herbicide, radiation, and burn pits.

    A procedural issue required Congress to amend and pass the PACT Act again. The House has done its job and passed the bill with bipartisan support. Every day this bill is delayed means another day a veteran could get sick and die. The Senate must stop any further delays and immediately pass the Honoring our PACT Act.

    Contact your Senators and tell them no more delays, they must bring the Honoring our PACT Act to the floor immediately and vote YES.

    TAKE ACTION

     

  • House of Prayer, a Church Accused of Squeezing Veterans for Benefits, Stripped of GI Bill Eligibility

    House of Prayer

     

    A church former members have described as a cult has lost its GI Bill eligibility after two decades of allegedly bilking Bible school students out of millions of dollars of Veterans benefits.

    On Monday, officials from state regulatory agencies in Georgia, North Carolina and Texas disclosed that schools connected to the House of Prayer church had been stripped of their eligibility for GI Bill money. The loss of access to GI Bill funds had not been previously reported.

    House of Prayer had collected $7 million in Veterans' tuition money over 18 years. In addition, several Veterans told Military.com that they were expected to donate their housing allowances to the church.

    Read Next: Troops, Veterans Can Get More Life Insurance Coverage Under Bill on Biden's Desk

    In Hinesville, Georgia, where the church is headquartered, beneficiaries earned $1,500 per month, according to 2022 Department of Veterans Affairs data. The church's other locations include Augusta, Georgia; Tacoma, Washington; Killeen, Texas; and Fayetteville, North Carolina.

    A spokesperson for the church did not respond to a request for comment ahead of this story’s publication.

    A Military.com investigation detailed how a complex string of businesses connected to the church's leadership had been relying on Veterans and their benefits for nearly 20 years, pushing service members and Veterans to turn over their military paychecks and disability pay, and use their home loan and GI Bill benefits to create revenue for the church.

    Those who disagreed with church leadership often had to leave their families behind and relinquish contact, according to several former church members, some of whom called the organization "a cult."

    Texas' decision to revoke authorization for the House of Prayer schools came July 21, days after the Military.com investigation was published; North Carolina and Georgia had suspended the schools the month before.

    In June, the House of Prayer's five churches were raided by the FBI. Authorities seized computers, church records and cash. All of those facilities are located near major Army installations. No charges have been filed.

    The church's Bible schools, which received the GI Bill money, offered no degrees, with Veterans expected to attend until their benefits ran out, according to former students and a former school administrator.

    The courses were virtually identical to any typical Sunday school, Arlen Bradeen, who ran the bible schools from 2004 to 2019, told Military.com in a July interview. The classes would often be renamed to subvert GI Bill regulations preventing students from taking redundant classes on the taxpayer's dime, he said. In some cases, church rooms would be rearranged to look like formal classrooms ahead of inspections from the VA, he added.

    The GI Bill eligibility decisions came from State Approving Agencies, or SAAs, which serve as the VA's enforcement arm for GI Bill rules. It's a relatively low-profile, state-level bureaucracy, but it oversees what is widely considered one of the federal government's most cherished public programs. Roughly 1 million beneficiaries use the GI Bill, a key recruiting tool for the military, each year, serving as a direct path for service members to reach the middle class.

    SAA operations vary from state to state, and the SAAs in Georgia, North Carolina and Texas independently cut off the House of Prayer at different times.

    While the agencies have faced criticism in the past for not being more critical of some for-profit schools, some have become more proactive. The District of Columbia's regulatory arm temporarily stripped Howard University of its GI Bill eligibility over paperwork snafus by a school staffer who left the job after Military.com's reporting on the incident.

    Veterans Education Success, a Washington, D.C.-based advocacy group that lobbies on military education issues, told Congress that the House of Prayer's alleged scam against Veterans serves as a flashpoint for the need for boosted oversight over the GI Bill and which schools can become approved institutions.

    Military.com visited the House of Prayer church in North Carolina, located just outside of Fort Bragg, in August. The church appeared to be abandoned and unkept, with a man sleeping on one of the steps. A store owner in the area said no one had been in the building since the FBI raid. In July, a reporter from this publication was also granted a tour of the Hinesville headquarters, which appeared fully operational. Congregants declined to answer questions or issue comments on the record, but pointed to signs of damage to doors they claimed was caused by federal agents during the raid.

    The church may also be operating under other aliases, including The Place of Help and On Fire Missions, according to the church's website and former members.

    Source

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  • House VA committee to weigh restoring GI Bill benefits for defrauded Veterans

    Restoring GI Bill Benefits

     

    When her Army career was cut short by a medical discharge in 2005, Tasha Berkhalter decided to pursue a degree that she hoped would lead to a career as an FBI agent. The now-defunct, for-profit ITT Technical Institute promised a flexible class schedule that would meet her needs as a working single mother.

    Officials at the school also said that her GI Bill benefits would cover the full cost of tuition, she later testified to the Department of Education. Instead, she graduated in 2010 with a degree that companies didn't view as valid and, to her surprise, $100,000 in debt.

    "I was sick to my stomach," said Berkhalter, a 41-year-old substitute Spanish teacher based in Lima, Ohio.

    Things turned around last year when the Department of Education canceled her federal loan debt through a program for students whose schools have been accused of defrauding them. But the education funding she earned through her time in the Army can't be restored.

    Every year, hundreds of thousands of Veterans use GI Bill benefits to pay for college or other educational programs. The funding is meant to be a recruitment tool, an acknowledgment of their service and a springboard to help soldiers transition back into civilian life. But for thousands of Veterans, their post-military lives have been disrupted by poor experiences at for-profit colleges accused of defrauding students.

    In recent years, some students who attended for-profit schools have had their loans canceled under a program called borrower defense to repayment, which protects loan holders from having to pay back federal loans to schools that misled them.

    Under the Biden administration, more than 1 million students of schools such as ITT Technical Institute, DeVry University and Corinthian Colleges have had billions canceled under the program, including Veterans like Berkhalter.

    Last August, the Department of Education announced that it would cancel all remaining federal student loan debt people took out to attend ITT Technical Institute from 2005 to its closure in 2016, resulting in an additional $3.9 billion in cancellation for 208,000 borrowers.

    ITT closed in 2016 after the Department of Education blocked the school from admitting new students who used federal financial aid.

    "We've had a debate around student loan forgiveness, and that's been a good debate, but we've often left out Veterans' voices who are suffering from the consequences of attending fraudulent institutions," Rep. Mike Levin (D-Calif.), the ranking member of the Economic Opportunity subpanel of the House Committee on Veterans' Affairs, said in an interview.

    Legislation introduced last month would restore benefits to Veterans who attended programs that qualified for borrower defense discharges or were found to have defrauded students by state or federal officials. The bill is up for a vote in the House Veterans' Affairs panel's Economic Opportunity subcommittee on Tuesday.

    "It's long past time to give our Veteran community the justice that they deserve," said Rep. Delia Ramirez (D-Ill.), the lead sponsor of the bill, during a hearing last month. "We have to ensure that no student Veteran is ever robbed of their benefits again by making sure that we're cutting off any predatory schemes."

    Committee staff said they intend for the potential restoration of benefits to be retroactive and that Veterans would not need to apply.

    The U.S. has provided educational assistance to Veterans since 1944, when the GI Bill of Rights granted financial support to soldiers returning from World War II. In 2008, Congress passed the Post-9/11 GI Bill to boost benefits.

    Under that program, most Veterans are eligible to receive up to four years of tuition payments at public colleges or a set amount per year for private schools. They also receive stipends for housing, books and supplies.

    For years, for-profit schools had a financial incentive to enroll more Veterans due to their GI Bill benefits. Under federal law, only 90% of for-profit schools' revenue can come from federal funding such as loans or Pell Grants. Until recently, GI Bill benefits did not count as federal funding, meaning the more GI Bill beneficiaries a school enrolled, the more federal dollars they could secure from other students. Congress closed that loophole in 2021 as part of the American Rescue Plan.

    Congress has also sought to make it easier to block poor performers in the for-profit college industry from accessing military educational benefits.

    A network of state approving agencies, not the Department of Veteran Affairs, is responsible for screening schools that receive GI Bill funding. In 2020, Congress passed legislation that imposed stricter requirements on schools seeking approval to access VA educational assistance and gave the state approving agencies more power to assess them. Those provisions went into effect late last year.

    Robert Muth, a law professor at the University of San Diego and the managing attorney of the school's Veterans Legal Clinic, said closing the 90/10 loophole was an important step toward reducing the incentive to target Veterans. But he also noted that as long as Veterans have had access to educational assistance, there have been companies seeking to deceive them.

    "We've done a good job of improving some of the regulatory views with respect to these schools," he said. "The key is going to be that we don't let down our guard."

    About 565,000 Veterans received a total of $8.1 billion in education assistance under the current version of the GI Bill in fiscal year 2022. Of the $4.1 billion that went to colleges and universities, about 27% was spent at for-profit schools.

    A third of Post-9/11 GI Bill students attended for-profits in 2016, while only 10% of all post-secondary students did, according to a 2019 Congressional Budget Office report. Between 2009 and 2017, eight of the 10 institutions receiving the most Post-9/11 GI Bill funding were for-profits. ITT Technical Institute, the third-highest recipient, received $1.15 billion, adjusted for inflation, between 2009 and 2016, according to the report.

    The appeal of for-profit schools is often their ability to work with the schedules of nontraditional students, who tend to be older and have greater financial responsibilities than traditional college students. The schools also advertise their programs as career-focused.

    "Veterans get disproportionately victimized primarily because they disproportionately represent all of the characteristics of your nontraditional students," said Barmak Nassirian, vice president for higher education policy at Veterans Education Success, an advocacy group focused on student Veterans' issues.

    Brian Whitehead, a 42-year-old Atlanta-based construction equipment rental specialist, enrolled in ITT Technical Institute in 2006 after leaving the Army. The transition was difficult, he said.

    "You feel very frightened," Whitehead said of leaving the military. "It's a new horizon, especially when you go in at 18, 19 years old, and then you come out and you've done really nothing else but the military."

    He said he remembered seeing ITT Technical Institute ads touting how employable graduates were.

    In written testimony submitted to the Department of Education in 2021, he said that the school claimed that 90% of students get jobs after graduating, with salaries around $60,000 to $70,000, and that his GI Bill would cover the cost of his education.

    Like Berkhalter, he struggled to find a job with his degree and graduated in 2008 with a federal and private loan balance that has grown to $90,000. Of that, about $52,000 is the product of federal loans that will be canceled through borrower defense.

    If he had a second shot at his GI Bill benefits he would "absolutely" go back to school, he said, to pursue a career in social work or counseling.

    Berkhalter isn't so sure. She said she'd love to go back to school to get credentialed to become a full-time teacher. But she's older now and has more responsibilities than she did when she left the Army, including her five children. With her student loans cleared and credit improved, she and her husband are expecting to close on a home next month.

    Still, she said, having GI benefits restored would be a boon to the students who are willing and able to try again.

    "We take a vow when we come into the military to protect and serve," she said. "It's already a lot when you transition out back into the civilian world, and when you come out like that and you're immediately taken advantage of, it just leaves a sour taste in your mouth."

    Source

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  • How Can Veterans Earn 100% VA Disability Rating?

    100 Percent

     

    How Can Veterans Earn a 100% Disability Rating & Maximum Compensation?

    If you sustained an injury or developed a medical condition following active duty or another type of military service, you may be eligible for VA disability benefits. However, you will need to meet certain qualifications to earn maximum compensation. This process starts with earning a 100 % VA disability rating for benefits.

    There are many factors that go into a VA disability rating and full-time benefits, and the application process can be complicated. This guide will break down how Veterans can earn a 100% disability rating and as many monetary benefits as possible.

    How Can You Get 100% Disability Rating?

    Once an eligible Veteran is granted service-connection for a disability, the next logical question is, “How much money will I receive?” The amount of compensation benefits a Veteran receives depends on the disability rating that the VA assigns.

    Disability ratings range from 10% to 100%. The idea behind these ratings is that the Veteran should be compensated according to the impairment that the disability would cause to the average person’s ability to earn a living. This compensation generally comes as monthly payments.

    It can be tricky to earn a 100% disability rating when a Veteran has more than one disability. Combining two or more disabilities is a complicated process in which 50% plus 50% does not equal 100% but, rather, 75%. In fact, the closer a Veteran gets to a 100 % VA disability rating, the harder it seems to be to obtain this maximum benefit. For example, once a Veteran is rated 80% disabled, each additional 10% disability only adds 2% to his total rating rather than an additional 10%. (You can use our disability calculator to better understand these numbers.)

    Meeting the criteria for a 100 % VA disability benefits on the ratings schedule, or combining multiple disabilities to obtain a 100% rating, can be very difficult. Failure to meet those criteria, however, does not mean that a Veteran is not totally disabled. For this reason, the VA regulations provide for an alternate route to a total disability rating—individual unemployability.

    Individual Unemployability

    When a service-connected disability, or disabilities, prevents a Veteran from being able to secure and follow substantially gainful employment, he is entitled to a total disability rating based on individual unemployability (TDIU or IU). In determining whether a Veteran qualifies for TDIU, the VA should consider not only whether a Veteran is capable of getting a job but also whether he is capable of keeping a job. Any job that the Veteran is able to secure and follow must also be a job which is “substantially gainful.” In other words, the job that the Veteran is able to do must provide income which places the Veteran above the poverty level. Just keep in mind that “substantially gainful employment” does not include working in a sheltered environment such as a Veteran’s own family business or a sheltered workshop.

    IU Qualification

    Under the TDIU regulation, a Veteran should automatically be considered for TDIU when there is evidence that his disabilities keep him from working and he has a qualifying disability rating. Under those circumstances, the Veteran should not even have to ask to be considered for TDIU, but we find that the VA often fails to make a determination as to TDIU unless it’s specifically requested by the Veteran. It’s important to note that the VA will probably assign the date that the Veteran asks for this increased rating as the effective date for TDIU. Be aware, however, that you may be entitled to an earlier effective date if you became unable to work earlier than the date that you actually requested that entitlement.

    For purposes of the VA regulations, a qualifying rating is either a single service-connected disability with a 60% rating or multiple service-connected disabilities and a total rating of 70%. This is a simplified definition of a qualifying rating as there are many exceptions to this basic rule. For example, if the Veteran injured his back and knees in a single accident, these could be considered a single disability. Similarly, if the Veteran has multiple injuries incurred in a single combat action, these, too, could be considered a single disability.

    Regardless of the schedular rating that a Veteran has been assigned for his disability or disabilities, if those disabilities prevent the Veteran from earning a living wage, he is entitled to a total disability rating based on individual unemployability.

    VA Compensation Benefits Rates: How Much Compensation Are You Entitled To?

    Once the VA determines a Veteran’s disability rating, they will then calculate their specific VA disability compensation. This is the total monetary amount that you would receive as Veterans benefits. There are several factors that determine this compensation.

    When a single Veteran with no dependents has only one service-connected disability, it’s fairly easy to figure out the appropriate amount of benefits according to the VA’s Compensation Benefits Rate Tables. However, the numbers may not always make sense.

    For instance, a Veteran with no dependents who is 100% disabled currently receives $2,673 according to the Rate Tables (at the time of this writing). A Veteran with a 50% disability rating, however, receives only $770. So, even though the Veteran with a 50% disability rating is presumed to suffer from about half of the impairment, he does not receive half of the amount of money that the 100% disabled Veteran receives—in fact, he receives only about a third.

    Have VA Compensation Rates Changed?

    Another issue with the current Compensation Benefits Rate Tables is that the amount of compensation benefits don’t always keep up with changes in the economy. While the cost of living continues to rise, the rates for VA benefits haven’t changed since 2009.

    Again, when a Veteran suffers from two or more service-connected disabilities, they must be combined according to the VA Combined Ratings Table. Using what many Veterans refer to as “VA Math,” under the Combined Ratings Table, two 50% disability ratings do not add up to a 100% rating as most people would expect. Rather, two 50% disabilities are combined to give a Veteran a 75% disability rating ( which would then be rounded up to an 80% disability rating).

    As another example, a Veteran who has two service-connected disabilities with a 50% disability rating for each is entitled only to an 80% disability rating which pays $1,427. Again, here, $1,427 is not 80% of the $2673.00 that the Veteran with a 100% disability rating receives. The Veteran with the 80% disability rating receives just over half the amount that the Veteran with the 100% VA disability rating receives.

    There are several other factors that can affect total compensation, including the number of surviving family members. Veterans can receive additional benefits where they have dependent children, surviving spouses or parents. In addition, increases may be made to a Veteran’s rating if he has a disability which affects both arms or both legs. Finally, a Veteran may be eligible for additional compensation benefits called Special Monthly Compensation where he has certain types of disabilities which include the loss or loss of use of a part of the body.

    Many factors affect the VA benefits that a Veteran receives, so it’s important to seek help with your disability claim. An experienced law firm can help you navigate your disability rating and compensation, so you can secure as many benefits as possible.

    Source

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  • How Do I Increase My VA Disability Rating?

    Increased Rating

     

    Once the Department of Veterans Affairs determines that a Veteran does have service connection on a disability that resulted from their military service, the VA considers the severity of that disability and assigns a disability rating. If the Veteran is not satisfied with that disability rating, he or she can appeal the rating by filing an appeal within one year of the rating decision. But what happens if the Veteran decides that the rating is fair and does not appeal and then the disability worsens? Is it ever too late to ask for a higher disability rating?

    The answer to that question is “no.” At any time after a disability rating is assigned, a Veteran may file a claim for an increased rating of their VA disability benefits. Filing that claim is easy. All that is required to initiate an increased rating claim is the Veteran’s good-faith belief that his or her disability has worsened.

    What Evidence Is Helpful for A VA Rating Increase?

    To support a claim for an increased rating, the Veteran needs to submit medical records which demonstrate that the condition is worse. Those records can be private medical records or VA medical records. Even though VA has access to VA electronic medical records, it is important that the Veteran also submits the relevant medical evidence separately. This is the Veteran’s opportunity to make sure that VA is looking at the evidence we want them to see.

    It is common for the VA to send the Veteran out for a new compensation and pension (C&P) examination once a claim for increased rating has been filed in order to assess the extent of the Veteran’s disability for VA disability compensation. The Veteran must attend this examination if scheduled so that VA can evaluate for itself whether the Veteran’s medical condition has worsened. The Veteran may also, at this point, get a private medical examination to demonstrate that the disability has worsened.

    Is it difficult to increase your VA Benefits Rating?

    VA Disability Claims for increased ratings can be tricky. It is important, for instance, to know what the requirements are for a higher rating under the applicable VA diagnostic codes. For example, many orthopedic disabilities, such as disabilities of the spine or knee, are rated on how much the disability limits the Veteran’s range of motion. While pain is one of the symptoms which affects the Veteran’s quality of life the most dramatically, VA does not consider whether the Veteran’s pain is worse when determining whether the Veteran is entitled to a higher disability rating for a spinal disability. Because of that, if a Veteran bases his claim for increased rating solely on the fact that his pain has increased, he will probably not receive a higher rating. It is important, then, to know how to ask for a disability rating increase on your VA claims.

    Considering the circumstances, I have described above, where a Veteran’s low back pain or knee pain has worsened dramatically but he is still able to bend just as much as he was before the pain increased, there may still be a way to ask for an increased rating. Under those facts, we might ask for an increased rating based on the fact that the Veteran’s knee is now unstable and causes him to fall so that he is entitled to a separate rating for instability of the knee. Alternatively, we might ask for an increased rating for the Veteran’s low back disability where the pain now causes him to miss so much work that he is now unemployable and entitled to a total rating based on his back disability. Veterans should familiarize themselves with the VA diagnostic codes governing their specific service-connected disabilities so that they know whether they are even entitled to an increased rating as well as how to ask for one. If you need help navigating the diagnostic codes, we can help.

    How Can I Get a 100% VA Disability Rating?

    Often, simply receiving an increased disability rating isn’t enough. Some Veterans are unable to obtain or hold gainful employment due to their service-connected disability. In this case, the disabled Veteran may be eligible for a 100% VA disability rating.

    There are two main ways that a Veteran can obtain this rating: by meeting the criteria for a 100% rating or qualifying for individual unemployability.

    Simply meeting the criteria for a 100% disability rating on the VA’s schedule for rating disabilities can be challenging. Veterans will either need to meet the criteria for one disability or obtain a combined rating of 100% for multiple disabilities. However, reaching a combined rating of 100%, even when you’re close, is difficult. You can see how the ratings add up using our disability calculator.

    This is why obtaining individual unemployability can be a smart decision for many Veterans.

    Individual Unemployability

    If a Veteran is unable to secure and hold what the VA calls “substantially gainful employment” due to a service-connected disability (or disabilities), they may be eligible for a total disability rating based on individual unemployability (TDIU or IU). According to the VA, Veterans are eligible for IU if they have:

    • at least one service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilities—with at least 1 rated at 40% or more disabling and a combined rating of 70% or more, AND
    • can’t hold down a steady job that supports you financially (known as substantially gainful employment) because of your service-connected disability. Odd jobs (marginal employment) don’t count.

    Veterans can apply for IU through VA Form 21-8940.

    Veterans can be eligible for a total disability rating regardless of the initial rating that the VA previously assigned them.

    Effective Dates & Increased Ratings

    One final note regarding claims for increased ratings–the VA regulations only allow VA to assign an effective date for the increase as far back as one year prior to filing the claim. In other words, once the Veteran files the claim for increase, VA can look back at the evidence for the year prior to the claim to determine when the disability worsened and pay the Veteran for that time. Don’t wait to file your claim, as you could be losing valuable benefits to which you are entitled.

    Have Questions About Increasing Your Disability Rating?

    Pursuing an increased rating for disability compensation benefits can be challenging. If the VA is denying your claim for benefits or IU, the team at Hill & Ponton can help. Our law firm values attorney-client relationships and is committed to helping Veterans obtain the benefits to which they’re entitled.

    Source

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  • How Do I Prove Unemployability?

    Prove Unemployability

     

    A lot of Veterans think that not being able to get or hold a job is enough for them to prove to the VA that they are unemployable. Unfortunately, this is just a myth. The reality is much more complicated. Another myth is that having a statement from a doctor, especially a VA doctor, saying that you cannot work, should be proof of unemployability. But again, this is not the reality. When it comes to proving unemployability, there is a certain level that the VA looks at to determine if a Veteran is eligible for this benefit, regardless of their disability rating. This level of eligibility is functional impairment.

    Functional Impairment

    Functional impairment means that the Veteran’s functional capacity is so impaired by his or her disabilities that he or she is unable to secure or maintain substantial employment. There are a few parts to this definition we need to explore to get the entire picture.

    First is the functioning. Functioning is not based on what the Veteran did before as a job. So, if a Veteran was a painter or a construction worker, having a back injury may not make him unemployable if he is found able to work at a sedentary job such as sitting at a desk. Unfortunately, for many Veterans who have worked in a specific field for most of their lives, changing careers means new training if they are to transition from a physical to a sedentary position. While Vocational Rehab offers training programs and college education for those who qualify, it is often not a viable option for many Veterans because they are not able to make that transition due to other factors that the VA does not take into account when looking at unemployability. Factors such as concentration, ability to retain and follow instructions, adaptability to change, dealing with people, dealing with pain, absenteeism due to sick days and medical appointments, etc. should all be taken into account when the VA is looking at a claim for unemployability.

    Securing and Maintaining Employment

    Second is being unable to secure or maintain employment. This means that the Veteran may not only be able to get a job but may not be able to maintain employment either. Therefore, if a Veteran gets hired but then loses his jobs often, this may make him eligible for unemployability if the reasons the Veteran loses his jobs are related to his disability. Often employers have been known to shy away from hiring Veterans due to the perception that they may be disabled. This, unfortunately, is not a case for unemployability. If a Veteran is not hired simply because he has a disability, this is again, not a case for unemployability. If, however, a Veteran is not hired or is terminated, because his disability keeps him from doing the job, then it becomes a case for unemployability. For example, Joe is rated as 70% disabled due to back and knee problems. He works as an engineer and is on his feet all day. His workplace allows him a redesigned space where he is able to sit and work. He is still able to do his job so he is employable. If his workplace did not make the accommodation, he would still be able to do his job just not in that environment, and he is still considered employable. But what if Joe is unable to sit to do his job? After physical therapy and surgery, it is determined that Joe has to lay down several times a day and take strong painkillers that inhibit his concentration. Now Joe has possibly become unemployable.

    Sustainable Employment

    The last part is sustainable employment. Sustainable employment means that it pays above the poverty threshold for a single person with no dependents. This figure fluctuates each year, but for 2017 is $12,060. If a Veteran is working but makes less than $12,060 in the year 2017 or less than the threshold for previous years, they may be eligible for unemployability.

    Employment Rates for Disabled Veterans

    According to the ADA Website that tracks employment data for the disabled, Veterans are employed at a very low rate. Veterans with no service-connected disabilities are only employed at a rate of 72%; 68% for those with a 0-40% rating; 58% for those rated 50-60%; and only 25% of those with a 70% or higher rating are employed. Ensuring that these unemployed Veterans have the income to sustain them is imperative and the least they deserve after giving so much to their country. While there are many programs out there designed to hire disabled Veterans, there are not enough to employ every unemployed Veteran who wants to work. Working with local employers to help make accommodations, educate them on how to work with disabled Veterans, and designing work programs that work around disabilities is needed to ensure the vast growing number of disabled Veterans will have a place in our workforce in the future.

    You may also want to review our VA Unemployability Guide.

    Source

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  • How the VA Rates Migraine Headaches

    VA Rates Migraine

     

    What IS the VA Rating for Migraines?

    Migraines are a common condition that can be debilitating. Veterans suffering from migraines may be experiencing this ailment due to an in-service incident. In this case, you may be eligible for VA disability compensation for your migraines. By proving service connection and gathering enough medical evidence, former service members can take steps to obtain veterans benefits.

    Migraine Statistics in the US

    One of the most debilitating medical conditions of our modern age is migraine headaches. From a medical standpoint, migraines are described as moderate-to-severe headache pain that can last a few hours to a few days, accompanied by physiological symptoms, such as nausea, vomiting, and sensitivity to light and sound. Functionally, migraines can be crippling and completely debilitating. Often people who suffer from migraine headaches must lie down in a dark, quiet room for the duration of the attack, and are unable to work or tend to the needs of their families. The veteran population is no stranger to migraine headaches. In fact, a recent study found that 36% percent of veterans who had completed a 12-month deployment to Iraq were either diagnosed with or exhibited symptoms of migraine. Notice that the study only discussed deployments to Iraq. One can imagine that those statistics, if true for Iraq deployments, must also hold true for military service and deployments to other areas as well.

    The Migraine Research Foundation provides surprising statistics on the prevalence and implications of migraine headaches in the United States and worldwide:

    • Migraine is the 3rd most prevalent illness in the world and the 6th most disabling illness in the world.
    • Nearly 1 in 4 U.S. households includes someone with migraines.
    • 12% of the population – including children – suffers from migraines.
    • 18% of American women, 6% of men, and 10% of children experience migraines.
    • 85% of chronic migraine sufferers are women.
    • About half of female sufferers have more than one attack each month, and a quarter experience 4 or more severe attacks per month.
    • Migraine is most common between the ages of 18 and 44.
    • More than 90% of sufferers are unable to work or function normally during their migraine.
    • More than 157 million workdays are lost each year in the US due to migraines.
    • More than 4 million adults experience chronic daily migraines – with at least 15 migraine days per month.
    • Migraine sufferers, like those who suffer from other chronic illnesses, experience the high costs of medical services, too little support, and limited access to quality care.
    • Having migraines increases the risk of other physical and psychiatric conditions.
    • The vast majority of migraine sufferers do not seek medical care for their pain.
    • Only 4% of migraine sufferers who seek medical care consult headache and pain specialists.

    VA Disability Ratings for Migraines

    In spite of its acutely disabling effects, migraines take up a very small section in the VA diagnostic code for ratings and have a maximum schedular rating of 50%. VA ratings for migraines are principally rated according to the frequency of the migraine attacks. Here are the ratings according to the Department of Veterans Affairs:

    • 0% – With less frequent attacks
    • 10% – With characteristic prostrating attacks averaging one in 2 months over the last several months
    • 30% – With characteristic prostrating attacks occurring on an average once a month over the last several months
    • 50% – With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability

    The magic word for an increased rating, therefore, would appear to be “prostrating.” We find that this is exactly the case for VA disability claims relating to migraines and it is key to obtaining VA benefits. The Disability Benefits Questionnaire for headaches, which the Compensation and Pension examiners use to conduct their exams, includes a whole section on “prostrating attacks.” The questionnaire prompts the examiner to ask the veteran if the migraine attacks occur:

    • Less than once every two months
    • Once in two months
    • Once every month
    • More frequently than once a month
    • Very frequent prostrating and prolonged attacks of migraine headache pain

    While a 50% schedular rating is the highest rating most veterans will receive for migraines, it may be possible to receive extra-schedular individual unemployability. We cover total disability ratings in a past blog post.

    What are Prostrating Migraines and What Are Their Ratings?

    The VA uses diagnostic code 8100 to rate headaches, including migraine headaches. While the rating code itself is vague, the VA’s internal adjudication manual, the M21-1, provides clarification for these terms for the decision-makers:

    Prostrating: causing extreme exhaustion, powerlessness, debilitation or incapacitation with substantial inability to engage in ordinary activities.

    Completely prostrating: means extreme exhaustion or powerlessness with essentially total inability to engage in ordinary activities.

    Severe economic inadaptability: denotes a degree of substantial work impairment. It does not mean the individual is incapable of any substantially gainful employment. Evidence of work impairment includes, but is not necessarily limited to, the use of sick leave or unpaid absence.

    Very frequent: Duration of characteristic prostrating attacks, on average, are less than one month apart over the last several months

    Less frequent: Duration of characteristic prostrating attacks, on average, are more than two months apart over the last several months.

    When you add the adjudication manual definitions to the rating criteria language, you will find that the Disability Benefits Questionnaire questions translate to this:

    • Less than once every two months = 0%
    • Once in two months = 10%
    • Once every month = 30%
    • More frequently than once a month = 50% AND
    • Very frequent prostrating and prolonged attacks of migraine headache pain = 50%

    The magic word “prostrating” holds even more weight, as the adjudicators tend to look only at Section IV – Prostrating Attacks of Headache Pain (as shown below) in making their determination. The examiner does not check the “Yes” box under 4A or 4C, the adjudicators will not award a higher rating.

    However, the adjudication manual cautions adjudicators that even if the term “prostrating” does not appear in the veteran’s medical record—or in the C&P examination, for that matter—equivalent symptomology would warrant that rating. For example, the manual states that if a veteran provides testimony that he/she 1) experiences severe headaches and vomiting when exposed to light; 2) does not engage in any activities when this occurs; and 3) must rest or sleep during these episodes; and if there is medical evidence that the claimant’s description of symptoms is in fact symptoms of migraine headaches, a determination that the headaches cause prostration can be made.

    How do I get a proper rating on my Migraines VA Disability Claim?

    With the fate of your migraines percent rating essentially in the hands of the C&P examiners, there are a few things you can do to boost your case for an increased rating:

    • Complain, complain, complain!

    As with most other medical conditions, documentation is key for your VA claim for an increased rating. Tell your doctor about your migraine headaches, even if you do not take prescription medication for them. Let them know your symptomology, limitations, frequency of headaches, and precautions you must take during migraine attacks. That way, even if the C&P examiner does not accurately represent the severity of your migraine headaches, the medical record will support the criteria for a higher rating.

    • Don’t downplay your symptoms.

    This goes hand-in-hand with the first point. A good rule of thumb, especially for C&P exams, is to describe the symptoms of your most severe migraine attacks. The headaches might not always be that severe, but the point is for the VA to compensate you for functionality that you lose due to your service-connected conditions. However, this is not to say that you should exaggerate your symptoms, as this could cause problems later on.

    • Write a statement.

    You are your own best historian. You know your migraine condition better than anyone else—so write about it. As with the first point, describe your symptomology, limitations, frequency of headaches, and precautions you must take during migraine attacks. Statements from family members, friends, and/or coworkers who witness you during migraine attacks are also very beneficial. Statements are a strong piece of evidence, especially if you do not see your doctor very often.

    Source

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  • How the VA Rates Obstructive Sleep Apnea

    Sleep Apnea

     

    What is sleep apnea? Sleep Apnea is a common, potentially serious sleep disorder in which a person’s breathing is repeatedly interrupted, or ceases, during the course of a night’s sleep. These sleep disturbances can occur from tens to hundreds of times per night. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both.

    Obstructive sleep apnea is one of the more common forms which occurs when the upper airway repeatedly becomes blocked throughout the night. This blockage is caused when the soft tissue in the back of the throat relaxes, impairing the airflow. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. The VA refers to mixed sleep apnea is a combination of the obstructive and central forms of the condition.

    How Does the VA Rate Sleep Apnea

    Sleep apnea is rated under 38 CFR § 4.97, Diagnostic Code 6847. This diagnostic code falls under the Sleep Apnea Syndromes. The VA assigns the following ratings for Veterans based on the severity of their sleep apnea:

    • 100 percent: chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy or the enlargement or failure of the right side of the heart due to lung disease. This is the most severe and the highest rating available.
    • 50 percent: the Veteran requires the use of a breathing device, such as a CPAP machine.
    • 30 percent: the Veteran is experiencing hypersomnolence, or excessive daytime sleepiness, that does not improve with sufficient sleep or even with naps during the day.
    • 0 percent: the Veteran’s condition does not produce any symptoms but has a documented sleep disorder. This rating is a non-compensable rating, however, a Veteran may be entitled to other benefits, such as VA health care.

    Establishing Service Connection

    In order to establish direct service connection for sleep apnea, a Veteran must show that they have a current, diagnosis of sleep apnea, an in-service event or illness/injury, and a medical nexus or link that shows the Veteran’s sleep apnea is related to their in-service event, injury/illness.

    A Veteran can also establish service connection for sleep apnea on a secondary basis. This means that a Veteran has an already service-connected disability that caused the Veteran to have sleep apnea. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Some conditions that can be secondary to sleep apnea may include but are not limited to heart conditions, mental health conditions, and diabetes. If you have a service-connected condition that you believe is causing your sleep apnea, it may be a good idea to start to talk to your doctors about it.

    How Does the VA Diagnose Sleep Apnea?

    The VA will usually order a sleep study to be performed in order to confirm a diagnosis of sleep apnea. As a part of the VA’s duty to assist Veterans in obtaining evidence to help prove their claim, the VA has a duty to assist Veterans in scheduling the examination for a sleep study. For Veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the Veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes.

    Denied for Benefits?

    If you have a previous denial for sleep apnea, please give us a call to see how one of our experienced attorneys can help you! Get started here!

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  • How the VA Rates Sleep Apnea

    VA Rates Sleep Apnea

     

    Understanding The VA Disability Ratings for Sleep Apnea

    Sleep apnea is a common condition that affects about 22 million people nationwide. If you are among these individuals living with sleep apnea, you may be eligible for Veterans’ disability compensation. This guide will outline the basics of sleep apnea, how the VA disability rating works for this condition, and how you can prove service connection.

    What Is Sleep Apnea?

    Sleep Apnea is a potentially serious sleep disorder in which a person’s breathing is repeatedly interrupted, or ceases, during the course of a night’s sleep. These sleep disturbances can occur from tens to hundreds of times per night. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both.

    Obstructive sleep apnea is one of the more common forms which occurs when the upper airway repeatedly becomes blocked throughout the night. This blockage is caused when the soft tissue in the back of the throat relaxes, impairing the airflow. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition.

    Some of the most common symptoms of sleep apnea include:

    • Episodes in which you stop breathing during sleep — which another person would notice and report
    • Gasping for air while sleeping
    • Loud snoring
    • Waking up with a dry mouth
    • Headaches in the morning
    • Difficulty staying asleep (insomnia)
    • Excessive daytime sleepiness (hypersomnia)
    • Difficulty paying attention while awake
    • Irritability

    Veterans who are experiencing the above symptoms should consider seeking a diagnosis and pursuing sleep apnea disability benefits. This generally requires a sleep study. If left untreated, sleep apnea can lead to conditions like:

    • High blood pressure
    • Stroke
    • Heart failure, irregular heartbeats, and heart attacks
    • Diabetes
    • Depression
    • Worsening of ADHD
    • Headaches

    How Does the VA Rate Sleep Apnea?

    The VA sleep apnea ratings are based on the severity of the Veteran’s Obstructive Sleep Apnea.

    Sleep apnea is rated under 38 CFR § 4.97, Diagnostic Code 6847. This diagnostic code falls under the Sleep Apnea Syndromes. The VA assigns the following ratings for Veterans based on the severity of their sleep apnea:

    • 100 percent: chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy or the enlargement or failure of the right side of the heart due to lung disease. This is the most severe and the highest rating available.
    • 50 percent: the Veteran requires the use of a breathing device, such as a CPAP machine.
    • 30 percent: the Veteran is experiencing hypersomnolence, or excessive daytime sleepiness, that does not improve with sufficient sleep or even with naps during the day.
    • 0 percent: the Veteran’s condition does not produce any symptoms but has a documented sleep disorder. This rating is a non-compensable rating, however, a Veteran may be entitled to other benefits, such as VA health care.

    How Can You Establish Service Connection For VA Disability?

    In order to establish direct service connection for sleep apnea, a Veteran must show that they have a current, diagnosis of sleep apnea, an in-service event or illness/injury, and a medical nexus or link that shows the Veteran’s sleep apnea is related to their in-service event, injury/illness.

    A Veteran can also establish service connection for sleep apnea on a secondary basis. This means that a Veteran has an already service-connected disability that caused the Veteran to have sleep apnea. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Some conditions that can be secondary to sleep apnea may include but are not limited to heart conditions, mental health conditions, and diabetes. If you have a service-connected condition that you believe is causing your sleep apnea, it may be a good idea to start to talk to your doctors about it.

    How Does the VA Diagnose Sleep Apnea?

    The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. As a part of the VA’s duty to assist Veterans in obtaining evidence to help prove their claim, the VA has a duty to assist Veterans in scheduling the examination for a sleep study. This study will serve as medical evidence for the Veteran’s case.

    For Veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the Veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes.

    Is There a Connection Between PTSD & Sleep Apnea?

    Research has shown that their Veterans with post-traumatic stress disorder, also known as PTSD, may be at risk for sleep apnea. There are factors that overlap in both disorders which affect and aggravate each other. Some of these factors are issues that Veterans may have experienced in active duty, such as disturbed sleep in combat, excessive sleep deprivation, fragmented sleep, hyperarousal, and chronic stress.

    Although all of these symptoms contribute to the interaction between sleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. Studies have shown that patients exhibiting these symptoms tend to have increased frequency and length of apneic events.

    Research has also shown that as the severity of PTSD increases in a person, the chances of developing sleep apnea increases as well because of the interplay between the shared factors of the two disorders. Sleep apnea and other mental illness are also associated with each other. Click here to learn more about that topic.

    The important takeaway message is that if you are a Veteran suffering from PTSD, it is important to get a screening for sleep apnea. You may be eligible for additional VA disability benefits based on that diagnosis.

    What If You’re Denied for Benefits?

    If your obstructive sleep apnea VA claim, or other sleep apnea claim, was originally denied, you may be able to appeal the rating and receive VA disability compensation. The law professionals at Hill & Ponton are available to help. You can call our law firm at 1-888-373-9436 to discuss your VA disability claim. You can also click the red button in the corner free case evaluation.

    see how one of our experienced attorneys can help you! Get started here!

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  • How the VA Rates Sleep Apnea

    VA Rating Sleep Apnea

     

    How Can You Receive VA Disability for Sleep Apnea?

    Sleep apnea is a common condition that affects about 22 million people nationwide. If you are among the former military service members living with sleep apnea, you may be eligible for Veterans disability compensation. This guide will outline the basics of sleep apnea, how the VA disability rating works for this condition, and how qualifying Veterans can prove service connection.

    What Is Sleep Apnea?

    Sleep Apnea is a potentially serious sleep disorder in which a person’s breathing is repeatedly interrupted, or ceases, during the course of a night’s sleep. These sleep disturbances can occur from tens to hundreds of times per night. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both.

    Obstructive sleep apnea is one of the more common types of sleep apnea, which occurs when the upper airway repeatedly becomes blocked throughout the night. This blockage is caused when the back throat muscles relax, impairing the airflow. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition.

    Some of the most common symptoms of sleep apnea include:

    • Episodes in which you stop breathing during sleep — which another person would notice and report
    • Gasping for air while sleeping
    • Loud snoring
    • Waking up with a dry mouth
    • Morning headaches
    • Difficulty staying asleep (insomnia)
    • Excessive daytime sleepiness (hypersomnia)
    • Difficulty paying attention while awake
    • Irritability

    Veterans who are experiencing the above symptoms should consider seeking a diagnosis and pursuing sleep apnea disability benefits. This generally requires a sleep study. If left untreated, sleep apnea can lead to conditions like:

    • High blood pressure (hypertension)
    • Stroke
    • Heart failure, irregular heartbeats, and heart attacks
    • Diabetes
    • Depression
    • Worsening of ADHD
    • Headaches

    Since sleep apnea can correlate with conditions like heart disease and obesity, it’s important to seek treatment. Physicians will treat sleep apnea depending on the type and severity of the condition. Some individuals with breathing disorders will show improvement from lifestyle changes. However, a breathing assistance device called a cpap machine is among the most common treatments. This machine creates airway pressure to help the individual breathe throughout the night.

    How Does the VA Rate Sleep Apnea?

    The VA disability ratings for sleep apnea are based on the severity of the Veteran’s Obstructive Sleep Apnea. Sleep apnea is rated under 38 CFR § 4.97, Diagnostic Code 6847. This diagnostic code falls under the Sleep Apnea Syndromes. The VA assigns the following ratings for Veterans based on the severity of their sleep apnea:

    • 100 percent: chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy or the enlargement or failure of the right side of the heart due to lung disease. This is the most severe and the highest rating available.
    • 50 percent: the Veteran requires the use of a breathing device, such as a CPAP machine.
    • 30 percent: the Veteran is experiencing hypersomnolence, or excessive daytime sleepiness, that does not improve with sufficient sleep or even with naps during the day.
    • 0 percent: the Veteran’s condition does not produce any symptoms but has a documented sleep disorder. This rating is a non-compensable rating, however, a Veteran may be entitled to other benefits, such as VA health care.
    • Common issues associated with Sleep Apnea include increased risk of stroke, high blood pressure, memory problems, and more.

    How Can You Establish Service Connection For VA Disability?

    Eligibility for Veterans benefits depends on proving service connection. In order to establish direct service connection for sleep apnea, a claimant must show that they have a current, diagnosis of sleep apnea, an in-service event or illness/injury, and a medical nexus or link that shows the Veteran’s sleep apnea is related to their in-service event, injury/illness.

    A Veteran can also establish service connection for sleep apnea on a secondary basis. This means that a Veteran has an already service-connected disability that caused the Veteran to have sleep apnea. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Some conditions that can be secondary to sleep apnea may include but are not limited to heart conditions, mental health conditions, and diabetes. If you have a service-connected condition that you believe is causing your sleep apnea, it may be a good idea to start to talk to your doctors about it.

    How Does the VA Diagnose Sleep Apnea?

    The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. As a part of the VA’s duty to assist Veterans in obtaining evidence to help prove their claim, the VA has a duty to assist Veterans in scheduling the examination for a sleep study. This study will serve as medical evidence for the Veteran’s case.

    For Veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the Veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes.

    Is There a Connection Between PTSD & Sleep Apnea?

    Research has shown that their Veterans with post-traumatic stress disorder, also known as PTSD, may be at risk for sleep apnea. There are factors that overlap in both disorders which affect and aggravate each other. Some of these factors are issues that Veterans may have experienced in active duty, such as disturbed sleep in combat, excessive sleep deprivation, fragmented sleep, hyperarousal, and chronic stress.

    Although all of these symptoms contribute to the interaction between sleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. Studies have shown that patients exhibiting these symptoms tend to have increased frequency and length of apneic events.

    Research has also shown that as the severity of PTSD increases in a person, the chances of developing sleep apnea increases as well because of the interplay between the shared factors of the two disorders. Sleep apnea and other mental illness are also associated with each other. Click here to learn more about that topic.

    The important takeaway message is that if you are a Veteran suffering from PTSD, it is important to get a screening for sleep apnea. You may be eligible for additional VA disability benefits based on that diagnosis.

    What If You’re Denied for Benefits?

    If your obstructive sleep apnea VA claim, or other sleep apnea claim, was originally denied, you may be able to appeal the rating and receive VA disability compensation. The law professionals at Hill & Ponton are available to help. Our disability attorneys focus on Veterans disability and social security disability law, helping your family obtain the benefits you’re entitled to. You can call our law firm at 1-888-373-9436 to discuss your VA disability claim.

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  • How VA’s retirement plan benefits your bottom line

    VAs Retirement Plan

     

    VA offers employees a three-part, comprehensive retirement plan that includes a pension.

    If you’re in the workforce, you probably plan to retire someday. Regardless of your age, it’s never too early to start preparing for it.

    A career at VA helps you save for retirement because, as the largest employer in the nation, the federal government is able to offer exceptional retirement benefits. We provide a comprehensive retirement package known as the Federal Employees Retirement System, or FERS. This retirement plan includes three components: Social Security benefits, a Thrift Savings Plan (TSP) and — most importantly — FERS basic benefits, or a pension, which distinguishes it from most private-sector plans.

    “The pension component of VA’s retirement system is a very attractive piece of the total retirement package,” said Darren Sherrard, associate director for recruitment marketing at VA’s Veterans Health Administration. “VA employees enjoy very generous retirement benefits that allow them to retire with confidence.”

    How it works

    As a VA employee, you contribute to your pension plan and Social Security each pay period. This 7% contribution is deducted from each paycheck. But we also contribute to these portions of the retirement plan on your behalf.

    When you retire, you’ll receive monthly payments for the rest of your life. Your pension amount is based on your salary and how long you worked for VA.

    In addition, we contribute to the TSP portion of your retirement plan, which is a 401(k)-type retirement savings plan. Each pay period, we deposit an amount equal to 1% of your basic pay for the pay period into your TSP account. You also may make your own pre-tax contributions to the TSP, which we match up to 4% over and above the 1% contribution.

    Under FERS, you would be eligible for monthly retirement benefits after just five years of federal service. And FERS is portable — if you leave federal employment, you could take the Social Security and TSP components with you to your next job.

    Another plus: The Federal Employee Health Benefits Program lets you carry your health insurance coverage with you into retirement.

    Wait, there’s more

    In addition to our excellent retirement plan, there are many other benefits and perks that come with VA employment. For instance, we offer generous health care coverage effective the first full pay period following your start date. As a VA employee, you may earn up to 26 days of paid annual leave each year, accrue unlimited paid sick leave and enjoy 10 paid federal holidays. You also may take advantage of financial support for education and training, student loan forgiveness programs, performance-based salary increases and accelerated raises.

    Work at VA today

    Consider making a VA career the one you retire from!

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  • How Veterans Affairs denies care to many of the people it’s supposed to serve

    DVA Logo 48

     

    These are people who put their bodies and minds in harm’s way for their country.

    In April, John Rios stood in the Veterans Affairs hospital in Newington, Conn., seeking treatment. For more than 20 years, he had struggled with the effects of post-traumatic stress disorder. For the past eight of them, he had fought to have the Defense Department recognize his military service as honorable. Having finally prevailed, he went to VA seeking health care, his official paperwork in hand.

    The hospital turned him away, refusing to recognize him as a Veteran.

    Rios had enlisted in the Navy in 1994, when he was 18 years old. He became a seaman on an aircraft carrier and deployed to support operations in Bosnia. But the weight of war took its toll on him. After witnessing injuries and death at sea, Rios developed symptoms of PTSD. When his ship returned to Virginia in 1997, the trauma of war manifested itself in misconduct. After a series of unauthorized absences by Rios, the Navy gave him an “other than honorable” (OTH) discharge six months shy of his end of active obligated service. Though he served in combat, his trauma-related breaches left him — in the eyes of VA — “not a Veteran.”

    Rios is one of more than 500,000 former service members who bear the OTH label. The military issues OTH discharges when troops engage in behavior that constitutes a “significant departure” from the conduct expected of service members, and it generally dispenses them without formal due process. This malfeasance can encompass major violations, such as theft or illegal drug use, as well as more minor infractions like arriving late for work, being out of uniform or being disrespectful to a superior officer. Administrative separations free the commanding officer of a struggling service member and can be imposed as a way of avoiding the burdens of the court-martial process.

    But OTH separations carry great costs. These former service members are often excluded from VA health care, from VA housing if they are homeless, from VA benefits payments even if they’re disabled by their service and from the educational supports provided to other Veterans. Veterans with the OTH label experience a higher risk of homelessness and are twice as likely to commit suicide. They also face the shaming effects of hearing from federal VA employees that they are “not a Veteran.”

    [Five myths about VA health care]

    For many OTH Veterans like Rios, traumatic episodes from their service led to early separation from the military. In 2017, the Government Accountability Office found that 62 percent of the 92,000 service members discharged for misconduct between 2011 and 2015 were diagnosed with PTSD, traumatic brain injury or other conditions that affect mental health and can manifest in ways that trigger disciplinary problems. Many of them remain without health care this Veterans Day.

    The federal government excludes these Veterans from health care under a complex and opaque system. The military characterizes most discharges occurring after a service member’s first six months of enlistment in five ways: honorable, general (under honorable conditions), other than honorable, bad conduct and dishonorable. Since Congress passed the G.I. Bill of Rights, the eligibility standard for most VA benefits and services includes a requirement that the former service member was “discharged or released under conditions other than dishonorable.”

    This is where VA takes matters into its own hands. Instead of simply providing care to all Veterans who pass statutory muster, VA creates its own set of regulations that further excludes former service members. It assumes that those who received honorable or general (under honorable conditions) discharges qualify as Veterans and thus can receive services. For the rest, VA theoretically makes a case-by-case determination about whether a Veteran is “honorable for VA purposes.” In practice, this often means that Veterans with OTH or bad-conduct discharges are excluded from health care unless they can show that the criteria that would exclude them do not apply.

    Congress has tried to address this problem by expanding coverage for some of these excluded Veterans. The Honor Our Commitment Act of 2018 extended behavioral and mental health care to Veterans who survived combat and military sexual trauma, even if they have an OTH discharge. But VA has not always followed the law. Although Congress directed the agency to notify newly eligible Veterans within 180 days, it took about a year for VA to publicize the new benefits, and when it finally did, it did no more than mail letters (to people who are disproportionately homeless) and write a blog post, triggering a strong rebuke from members of Congress.

    [When it comes to helping our soldiers, talk is cheap]

    More troubling, VA staffers routinely misapply the law, misread military records and reject evidence that Veterans qualify for treatment. Across the country, VA administrative staff members have failed to give Veterans accurate information about their rights to mental health care, failed to properly recognize prior honorable terms of service when a Veteran is ultimately discharged with an OTH and failed to serve Veterans like Rios who have had their discharges upgraded. The result: VA staffers often tell survivors of combat or military sexual assault that they are “not Veterans” and ineligible for mental health care, disability benefits and housing services.

    The problem has grown in recent years. The wars in Iraq and Afghanistan have seen the highest rates of OTH discharges in history; currently, the rate of such discharges is four times what it was during World War II. These decades-long conflicts have left survivors with invisible wounds that require treatment, but too many of those who suffer under those burdens have been denied means to get help. While only 1.7 percent of Veterans were excluded from VA health care in the World War II era, today 6.5 percent are denied care. They turned their mental and physical well-being over to their country, and the federal government turned its back on them.

    For his part, Rios spent years fighting his PTSD on his own — struggling with depression, sporadic employment and bouts of homelessness. After finding mental health treatment, he obtained a legal aid attorney from the Connecticut Veterans Legal Center, where I am executive director, who helped make his case that he deserved to be upgraded to an honorable discharge. So, when VA turned him away, even after his discharge was upgraded, he had a lawyer to turn to for guidance. Many Veterans don’t have those resources.

    VA health care can save lives, but the systemic barriers erected by administrators are unconscionable. Rather than a cold shoulder and a shaming dismissal, Veterans like Rios should be greeted with an open door. These are people who put their bodies and minds in harm’s way for their country. VA should recognize them for what they are: already honorable.

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  • How we can protect America’s Veterans from predatory benefits claims practices

    Predatory Benefits

     

    America’s post-9/11 wounded Veterans are facing significant financial challenges. According to the latest Annual Warrior Survey from Wounded Warrior Project®, 42% of warriors registered with the nonprofit reported in summer 2021 not having enough money to make ends meet in the past 12 months. In addition, 13% of WWP warriors reported being unemployed at this time, compared to 5% of the U.S. general population.

    Thankfully, many Veterans have financial support through their benefits obtained via the Department of Veterans Affairs. America’s wounded Veterans have earned their benefits through their sacrifice and service. However, the current process of applying for disability, rating changes, or pensions with VA can be confusing and daunting. Veterans often rely on trained specialists who help them navigate this claims process.

    That is why organizations like WWP and the Veterans of Foreign Wars provide VA-accredited professionals to ensure that benefits claims are filed properly and efficiently — and Veterans never pay a penny for this expert assistance.

    Sadly, some non-accredited businesses seek to prey on our most vulnerable Veterans and take advantage of this complicated process to make a quick buck. Some firms charge excessively for assistance in filing VA claims, even promising to increase disability ratings or to get Veterans disability in the first place. This is especially bad if warriors are tricked into signing a contract.

    COVID-19 only exacerbated these challenges through appointment cancellations and isolation. In this uncertainty, some Veterans turned to the internet for answers, only to quickly be targeted by aggressive online ads and predatory tactics. Veterans, their family members, and the public need to be aware of these methods and tricks so we can combat this issue together.

    Veterans should look out for some of the following tactics:

    • Promises or guarantees to increase disability ratings and secure “X” amount percentage increases.
    • Companies advertising services that are done faster or better than a Veterans service organization or accredited agents.
    • Requesting sensitive login credentials to access the Veteran’s info through secure VA websites like eBenefits or VA.gov.
    • Using confusing tactics or ambiguous language in contracts designed to mislead the Veteran.
    • Offering health consultation within their own network of doctors and telling Veterans to forego VA exams for a faster decision.

    If a Veteran sees any of these red flags, they should immediately ask, “are these organizations accredited with VA?” If the answer is no or somehow ambiguous, or if an organization offers to help warriors with their claim but refuses to go on record with VA as their representative, Veterans should work with someone else.

    Legally, only VA-accredited individuals and organizations should assist Veterans and their families with benefits claims. When accredited organizations like VFW and WWP work with Veterans, benefits specialists will never ask warriors to sign confusing contracts.

    The only “contract” organizations will ask for is VA Form 21-22, which not only puts us on record with VA as the advocate for a Veteran, but also binds that organization to laws and regulations that protect warriors from predatory fees and contracts.

    VA provides a searchable database of free, accredited VSO representatives, attorneys, and agents to help Veterans navigate the benefits process and avoid unscrupulous tactics. That list updates constantly and is one of the best ways that Veterans and families can ensure they’re not getting scammed or preyed upon.

    Outside of the Veterans service organization and military service organization community, the American people can also be there for these warriors by helping spread the word about predatory practices and the numerous resources for reputable benefits claims assistance.

    We all want to ensure warriors get the benefits they’ve earned in a manner that honors their service. If you need assistance with your benefits claims, reach out to VFW, WWP, or another VA-accredited organization. You’re not alone, and it takes strength to ask for help.

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  • HR 1355 and S 454. These companion bills will provide health care and benefits to veterans who were exposed to toxic substances while serving as members of the Armed Forces at Karshi Khanabad Air Base, Uzbekistan.

    Take Action

     

    Contact your elected officials and ask them to co-sponsor these TWO bills to help our Veterans

    This week, we have two Bills of the Week. HR 1355 and S 454. These companion bills will provide health care and benefits to veterans who were exposed to toxic substances while serving as members of the Armed Forces at Karshi Khanabad Air Base, Uzbekistan. Troops stationed at "K2" were exposed to high levels of radiation from yellowcake uranium residue at the Uzbek base. It is estimated that the radiation levels were 7-9 times the normal background radiation. We estimate that 10,000 military members were exposed, many of whom have developed rare cancers associated with radiation exposure. Please ask your Member of Congress and Senators to co-sponsor these bills.

    HR 1355

    S 454

    TAKE ACTION

     

  • HR 1585 & S 565- Provide for the treatment of Vets who participated in the cleanup of Enewetak Atoll as Radiation Exposed

    Take Action

     

    HR 1585 and S 565 are companion bills that will provide for the treatment of veterans who participated in the cleanup of Enewetak Atoll as radiation-exposed veterans for purposes of the presumption of service-connection of certain disabilities by the Secretary of Veterans Affairs.

    MVA has supported similar bills in previous Congress'. It is time to move this bill off dead center and provide these veterans their earned benefits while they are still alive.

    Please ask your Member of Congress and Senators to co-sponsor these bills.

    TAKE ACTION

  • HR 2800, the WINGMAN Act

    Take Action

     

    HR 2800, the WINGMAN Act, will permit veterans to grant access to their records in the databases of the Veterans Benefits Administration to certain designated congressional employees. Unfortunately, Congressional assistance is sometimes stymied by a lack of access to VA records. Once a release is signed, these records should be disclosed without further delay. It seems that the VA only moves fast when their representatives do not have access to the records. The Wingman Act will help to cure this problem.

    TAKE ACTION

  • HR 6647 will make certain improvements relating to the eligibility

    HR 6647 will make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program. Community Care is an outstanding program but like everything else it sometimes needs mid-course adjustment. With the passage of the PACT Act, there will be an increased need for community care. This bill will help to improve and expand community care.

    TAKE ACTION

  • HR 7050, Ernest Peltz Accrued Veterans Benefits Act

    Take Action

     

    HR 7050, Ernest Peltz Accrued Veterans Benefits Act, will make certain improvements in the laws relating to the administration of benefits payable to survivors of deceased Veterans. Specifically, the bill will expand the class of eligible survivors to include dependent children and dependent parents. Additionally, it will better define the accrued benefits due to these eligible survivors. We owe it to these deceased Veterans to take care of their survivors. This bill will help do that.

    TAKE ACTION

  • In interview with Jon Stewart, Veterans Affairs chief says he’s ‘frustrated’ over slow pace of burn pit benefits

    Denis McDonough 001

     

    Veterans Affairs Secretary Denis McDonough said he is “frustrated” by his department’s slow pace of expanding benefits for military burn pit victims but insists that federal rules limit his ability to move quicker on the issue.

    In an interview on “The Problem with Jon Stewart” hosted by comedian Jon Stewart, McDonough said he wants to expand the list of burn-pit-related illnesses eligible for presumptive benefits soon, but is facing internal obstacles to do that.

    “The biggest hurdle is establishing a scientific link, and I will be damned if I don’t establish that,” he said. “We do operate within the context of a series of requirements, and we have not yet been able to meet the requirements.”

    In August, VA officials announced for the first time that Veterans suffering asthma, rhinitis and sinusitis who were exposed to toxic smoke while serving in Iraq, Afghanistan and other recent conflict locations will be granted presumptive benefit status.

    That allows them to more quickly receive medical and financial assistance from the department, without having to prove specific injury details.

    Veterans groups have called the action a small first step in helping the estimated 3.5 million exposed to toxic smoke from burn pits during overseas deployments over the last 20 years. But they have also emphasized that the department needs to move quicker to recognize rare cancers and other illnesses caused by the toxic exposures, to assist Veterans suffering now.

    Stewart has been a vocal champion of the issue in recent years, appearing at multiple Capitol Hill rallies alongside Veterans advocates to push for legislation to speed up the process.

    He dedicated the first episode of his new show to the topic, featuring interviews with Veterans suffering from the health effects of their deployments and the sit-down in McDonough’s office to push for a quicker response from VA.

    “From what I’ve seen, [researchers] have done a ton of National Academy of Science studies, and people waive those all the time and say that no links have been established [between burn pits and Vet’s illnesses],” Stewart told McDonough.

    “But unfortunately, those studies all say there is insufficient data, and that data is not going to be getting any better because it’s provided by the Defense Department. And if it’s insufficient in 2008, it’s going to be insufficient in 2020.”

    Lawmakers have proposed legislation to get around those federal rules and award benefits to burn pit victims quicker. Senate Veterans’ Affairs Committee Chairman Jon Tester, D-Mont., and ranking member Jerry Moran, R-Kansas, spoke with Stewart on a podcast accompanying the episode and said they are still hopeful that work can be completed soon.

    “I think the science is very important, but I think that the review of some of these problems sometimes takes a lot longer than anybody is comfortable with,” Tester said. “We need to continue to push the agency and we need to continue to push the people who are doing the research to get it done in a timely way.”

    The two senators said the biggest stumbling block for the bill now is getting a potential cost estimate from VA, so lawmakers can adequately budget for a flood of new cases.

    Stewart’s show is the latest push from advocates in recent months to emphasize the long-term problem from burn pits outside the military community, in the hopes of making meaningful reforms this year.

    Tester said he thinks that is possible, but vowed to continue the legislative push in 2022 if need be.

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  • Jon Stewart accuses VA of being 'an obstacle' to burn pits medical care

    Jon Stewart

     

    Former “The Daily Show” host Jon Stewart on Tuesday accused the Department of Veterans Affairs (VA) of being “an obstacle” to providing medical coverage and care to service members who have developed illnesses from burn pits in Iraq and Afghanistan.

    In an interview on Fox News’ “The Story with Martha MacCallum,” Stewart, who has in recent years become increasingly involved in advocacy on behalf of Veterans and 9/11 first responders, brought attention to the open-air piles of burning trash and fuel that the VA estimates that more than three million service members have been exposed to.

    “The damage was extensive,” Stewart explained. “I think anybody who served in Iraq and Afghanistan had experience with them.”

    “They use jet fuel to ignite all the waste that may be on a base. And that includes human waste, hazardous waste, munitions, hazardous, you know, radiation like— it’s this toxic brew and this thick black smoke that would pour over 24/7 the soldiers that lived there, slept there, ate there and were exposed,” he added.

    Stewart, who played an active role in pushing to make permanent the September 11th Victim Compensation Fund, said that the health issues faced by Veterans exposed to burn pits runs similar to the long-term health problems seen among first responders in the 9/11 attacks.

    “You have constrictive bronchiolitis, you have pulmonary issues, you’ve got really rare cancers like Glioblastomas and pancreatic cancer in very young, healthy individuals,” Stewart said. “You’ve got permanent nodules and lung damage, neuromuscular immune, you know, the whole gambit.”

    The comedian turned activist said, however, that the VA is not providing adequate medical care for these Veterans.

    The VA currently requires Veterans to pay for tests to prove that their illness was a result of exposure to the burn pits, with advocates saying that many of the claims are denied.

    “The VA exists to advocate for the Veterans’ care,” Stewart said Tuesday. “They shouldn’t be operating as an obstacle or as some sort of insurance company that has a barrier of entry to deny service-related diseases.”

    Stewart argued that, instead, Veterans “need presumption of exposure, and they need to immediately be placed into a program that mirrors the 9/11 program, which has medical screenings that tend towards, what are the illnesses that come from these sorts of toxic exposures? And then they need the healthcare and benefits that come from the diseases.”

    “It’s a simple program,” he continued. “We already have the blueprint. It’s going to come down to money. And my feeling about the money is, this is the cost of war. This is the total cost of war.”

    “You don’t get to pay for one aspect of the war and not the other. You don’t get to leave people hanging,” he added.

    Sens. Marco Rubio (R-Fla.) and Kirsten Gillibrand (D-N.Y.) late last month unveiled bipartisan legislation that would give “presumptive” VA benefits “to servicemembers who have deployed and have illnesses due to exposure to burn pits and other toxins,” thus removing the requirement for Veterans to prove a link.

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  • Justice-involved Veterans Get a Second Chance Through Mediation Program

    David Valles

     

    For Thomas Casados, joining the Navy at the age of 18 was the only alternative to serving time in jail.

    Growing up in El Sereno, a working-class neighborhood in east Los Angeles with strong Latin roots and rough streets, Casados would occasionally get picked up by police for fighting. His mischievous ways finally caught up to him shortly before graduating high school.

    “The judge told me I could either go to jail or sign up for the service and clean up my act,” Casados, now 67, said. “So, of course I signed up.”

    As it would turn out, serving his country would ultimately provide him with a way to avoid serving a lengthy prison sentence, and possibly dying from a drug overdose.

    Casados is now a peer support specialist for the Department of Veterans Affairs, helping Veterans struggling with substance abuse and homelessness. But before he ventured down this career path he had his own bouts with addiction, a sickness that resulted in several criminal convictions for drug possession and burglary. He believes his abusive relationship with drugs and alcohol was partially the result of a traumatic incident he experienced while in the service.

    “What I finally came to realize is that [abusing drugs and alcohol] was my way of escaping my reality,” he said. “I wanted to be out of the norm.”

    When he was in his early 40s, Casados once again found himself facing time in prison. While awaiting trial he learned of a diversion program for Veterans who suffer from PTSD, Traumatic Brain Injury (TBI), or other injuries sustained during their enlistment. He was approached by a VA social worker, Gregory Cain, who presented him with a choice: either go through court-ordered treatment and stay sober with help from VA, or go back behind bars.

    “I was sick and tired of going in and out of prison, all because of drugs,” said Casados, who now lives near Prescott, Ariz. “It’s like I tell the Veterans I work with now, all you’re doing is killing yourself slowly. With help, you can be so much more.”

    Casados, who recently celebrated 22 years of sobriety, is a beneficiary of the Veterans Justice Outreach Program in which VA social workers like Cain make regular visits to local jails and courts in search of Veterans going through the legal system. Social workers review a Veteran’s legal and medical history to determine if the Veteran’s legal troubles stem from injuries suffered while in the service.

    The goal is to help Veterans heal; a secondary purpose is to reduce recidivism rates.

    Research has shown that more than half of the Veterans involved with the criminal justice system have either substance-abuse disorders or mental health problems like PTSD, depression, anxiety, according to the US Department of Veterans Affairs. Suffering from one of these conditions can lead to violent behavior, an inability to maintain stable relationships, and depression, all of which can make someone more likely to end up on the wrong side of the law.

    One third of Veterans report having been arrested and booked into jail at least once, compared to fewer than one fifth of civilians. There are more than 181,500 Veterans in U.S. prisons and jails, reports the Council on Criminal Justice (CCJ). (The CCJ has formed a commission to study why so many Veterans end up in jail or prison and make recommendations for evidence-based policy changes.)

    Data from the 2011–2012 US National Inmate Survey shows that 62 percent of Veterans in jails report four or more prior arrests and 68 percent of Veterans in prison report at least one prior episode of incarceration.

    Clearly, action must be taken to rehabilitate Veterans charged with crimes rather than place them in prison, a system that cannot adequately treat and may only exacerbate mental illnesses or substance abuse disorders. The outreach and diversion program begins to address this urgent issue by focusing on rehabilitation, not retribution, for Veterans who commit non-violent offenses.

    “Once you are exposed more to the system you see how one slip up or mistake caused by some of the trauma you’ve suffered can lead you to lose your freedom, your job, your home, or your family,” said Sergio Antoniuk, LCSW, supervisor of the Veterans Justice Outreach Program for the VA Greater Los Angeles Healthcare System. “I don’t think the average person understands that amount of trauma and stress that some of these Veterans are going through. The system can be cruel, and Veterans who are vulnerable need support to get back into the real world.”

    Veterans who are granted military diversion typically spend up to two years in the program. There are periodic reports to the court, with the Veteran having to prove they are making progress in their journey, which can include completion of rehabilitation or anger management courses. Once they finish, their charges are dismissed by the court.

    Veteran David Valles completed the diversion program and is now a peer support specialist helping other Veterans in Los Angeles County. Like Casados, he too abused drugs and alcohol, something he attributes to a traumatic incident he experienced during live-fire exercises as a cadet in the Army. He was offered diversion and spent several months living at the West LA VA in the Domiciliary Program, where he got clean and learned of better ways to cope with his PTSD.

    He would eventually earn an associate degree in drug and alcohol abuse counseling. He credits Cain, the same social worker who help helped Casados, with guiding him through some challenging times. He finds purpose in being able to do the same for others.

    “It’s been good to be able to help the guys going through what I went through,” said Valles, 61. “I can show them that you don’t have to lose your place in life. You can get back on solid ground.”

    Valles admits it can be difficult. He stumbled the first time out, but has been sober for 12 years.

    “I’m proof that it’s never too late to turn your life around.”

    And it’s not just the Veteran who benefits from military diversion programs. The impact is felt throughout their family. Valles is grateful that he got sober before his mother died so that he could free her from the stress of worrying whether he would end up in prison or in the morgue.

    For Cain, the peace he can provide to the families of Veterans is what makes his challenging job rewarding.

    “Sometimes we’re the only connection that a mother has to her son,” Cain said. “When you can relieve that stress and they can go to bed knowing that possibilities exist, that someone is looking out for their child, you can go home that night feeling good, knowing that you’re making a difference.”

    Those who are interested in learning more about the Veteran Justice Outreach Program can call 213-253-2677 Ext. 24793.

    Source

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  • Kitsap County, Washington man sentenced to prison for 20-year theft of brother’s Social Security benefits

    Justice 013

     

    Since 1988 more than $500,000 in benefits paid to accounts

    Tacoma – An Olalla, Washington man was sentenced today in U.S. District Court in Tacoma to 25 months in prison for wire fraud and aggravated identity theft for his decades-long theft of his missing brother’s identity and benefits, announced Acting U.S. Attorney Tessa M. Gorman. Chris Harvey Sayler, 74, began fraudulently collecting his missing brother’s Social Security Disability benefits since at least 1998. Over the last twenty years, those benefits total more than $388,000. At the sentencing hearing, U.S. District Judge Robert J. Bryan said, “This is a sad case for all concerned – including the public…. It’s a crime against all the citizen taxpayers in the country.” Judge Bryan noted that but for Sayler’s age, health and military service, he would have faced a much longer sentence.

    “Over the course of this investigation, the defendant has made conflicting statements about when he last saw his brother – who was reported missing in 1989,” said Acting U.S. Attorney Gorman. “Our hope was that the investigation could shed light on what happened to Jarvis Sayler. While that has not happened, we are able to hold his brother accountable for stealing benefits from government programs that are designed to help the most needy in our community.”

    According to records in the case, Chris Sayler’s brother, Jarvis L. Sayler, traveled from his home in Missouri to the Vancouver, Washington area in 1988. He told relatives that he planned to visit Chris Sayler, then return to Missouri to build a home on property there. Jarvis Sayler was born with partial eyesight, and had been receiving Social Security disability benefits since 1977. Jarvis Sayler wrote a few letters to Missouri between June and September 1988, but that was the last anyone heard from him. A third brother in Missouri reported Jarvis Sayler missing in March of 1989. The Clark County Sheriff’s Office interviewed Chris Sayler at that time about his brother’s whereabouts. Sayler claimed his brother moved from his home after the two had an argument. That was the last reported sighting of Jarvis Sayler.

    In 2013, a person claiming to be Jarvis Sayler attempted to renew a Washington State ID card, but the renewal was denied because facial recognition software indicated the person in the ID photo was the same as in a drivers license photo of Chris Sayler. When Sayler went to a Department of Licensing Office to renew a license (in his own name) years later, he claimed that he and Jarvis were twins and that was the reason for the facial recognition report. The clerk pointed out that the two men’s birthdates were four years apart, but Sayler said it is a “rare twin situation” that does occur. The investigation has revealed that Sayler and Jarvis Sayler are not biologically related.

    In 2019, the Department of Licensing referred the matter to the Social Security Office of Inspector General (SSA-OIG) for investigation. The investigation revealed that as early as 1998, Sayler’s photo appears on Jarvis Sayler’s identification card and that the addresses on Jarvis’ cards and other identifying documents are associated with Chris Sayler.

    Since at least 1998, Jarvis Sayler’s Social Security benefits went to a bank account opened with an address in Vancouver, Washington. When Chris Sayler moved to Olalla, the address on the account was updated to the new address as well. ATM withdrawal records and debit card records from retailers such as Costco and Fred Meyer show Sayler withdrawing money or making purchases with the debit card associated with Jarvis Sayler’s account.

    Speaking with family members in September 2019, Sayler claimed he had not seen his brother in more than 15 years. When interviewed by law enforcement at the time of his arrest in October 2019, Sayler claimed he had last seen his brother in 2016 and before that in 2012.

    In court today Sayler said, “I’m sorry that I caused all this problem. I shouldn’t have done it.”

    In asking for the 25-month prison sentence, Assistant United States Attorney Benjamin Diggs noted that the ultimate loss to Social Security was likely more than $500,000, but records only exist from as far back as 1998. “The fraud loss of hundreds of thousands of dollars reflects the fact that this crime involves not an isolated incident of dishonesty or a brief lapse in judgment during a difficult period, but rather a separate decision to steal, month after month, for nearly 30 years, resulting in hundreds of separate acts of theft,” prosecutors wrote in their sentencing memo.

    “Misusing Social Security benefits intended for another person is a Federal crime —one we will continue to aggressively pursue,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I want to thank our law enforcement partners for joining us in this investigation and the U.S. Attorney’s Office for prosecuting this case.”

    The Clark County Sheriff’s Office remains interested in hearing from anyone who has information on Jarvis Sayler and his disappearance.

    The case was investigated by the Social Security Office of Inspector General (SSA-OIG), Health and Human Services Office of Inspector General (HHS-OIG), and Homeland Security Investigations (HSI) as part of the Document and Benefit Fraud Task Force in Seattle. Investigative assistance was also provided by the FBI and Sheriff’s Offices for Clark County, Cowlitz County, and Kitsap County.

    The case was prosecuted by Assistant United States Attorney Benjamin Diggs.

    Source

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  • Las Vegas Resident Pleads Guilty to Fraudulently Obtaining Nearly $1.2 Million In Benefits from The Social Security Administration and Department of Veterans Affairs

    Justice 003

     

    LAS VEGAS, Nev. — A Las Vegas resident pleaded guilty in federal court yesterday to fraudulently obtaining nearly $1.2 million in Social Security Administration (SSA) and Department of Veterans Affairs (VA) benefits, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.

    Javier Montano, 57, of Las Vegas, pleaded guilty to one count of theft of government funds. He is scheduled to be sentenced by U.S. District Judge Jennifer Dorsey on December 14, 2020.

    According to court documents, Montano — who was the branch manager of a bank in Las Vegas — received information about two accounts with large balances and no activity:

    The first account (Account A) was held by a Las Vegas resident who was receiving SSA retirement benefits. The individual passed away in February 1997. The SSA was not notified about the individual’s death, and benefits continued to be paid into the account.

    The second account (Account B) was held by a Las Vegas resident who was receiving both SSA retirement benefits and VA benefits. The individual passed away in June 2011. Neither the SSA nor the VA was notified about the individual’s death, and benefits continued to accumulate in the account.

    Through a bank computer, Montano ordered debit cards for both accounts, using them to withdraw cash — which he either spent or deposited into his personal bank account — and to make purchases for his personal use and benefit. In addition, Montano ordered and wrote checks (for his personal use) for Account B. Montano also used his authority as a branch manager to authorize a $35,000 cashier’s check from Account B. He then used the funds to buy a luxury car, which he has agreed to forfeit to the United States.

    In total, between August 2015 and June 2020, Montano fraudulently obtained: (a) approximately $436,686.80 in SSA benefits to which he was not entitled; and (b) approximately $757,985.88 in VA benefits to which he was not entitled.

    The statutory maximum penalty faced by Montano is 10 years in prison and a $250,000 fine. The sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

    This case was the product of an investigation by the Social Security Administration, Office of Inspector General, and Department of Veterans Affairs, Office of Inspector General. Assistant U.S. Attorney Jamie Mickelson is prosecuting the case.

    Source

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  • Lawmakers move to guarantee cost-of-living boost for Veterans benefits

    COL Boost

     

    Lawmakers in recent days took the first steps in ensuring that Veterans receive a cost-of-living boost in their federal benefits later this year, introducing legislation that would guarantee the Veterans’ checks see the same increase as Social Security payouts.

    The measure was filed by Reps. Elaine Luria, D-Va., and Troy Nehls, R-Texas, late last week and by Sens. Jon Tester, D-Mont., and Jerry Moran, R-Kansas, on Monday. In joint statements, the four called the proposal critical to bolstering Veteran’s finances.

    “We have a responsibility to take care of our Veterans, many of whom rely on VA for financial support,” said Moran, ranking member of the Senate Veterans’ Affairs Committee.

    “As rampant inflation is driving up the cost of living, this legislation helps make certain that Veterans are able to keep up with our changing economy and receive the benefits they have been promised.”

    The legislation linking the two government benefits is largely routine. Typically, lawmakers approve the annual proposal to couple VA benefits increases with Social Security benefits increases by large bipartisan margins.

    But it isn’t automatic. Despite efforts by some advocates in the past, an annual cost-of-living increase in Veterans benefits requires congressional action. Social Security benefits, on the other hand, are adjusted based on an automatic formula that is triggered whether lawmakers vote on it or not.

    Last year, as inflation pressures began to impact the American economy, that increase was 5.9%. Officials have not said what this year’s adjustment may be, but continued rising costs across the economy could drive that figure even higher.

    The VA COLA increase legislation would apply to payouts for disability compensation, clothing allowance, dependency and indemnity benefits, and other VA assistance programs.

    “Transitioning from active duty to civilian life is not always easy, and a cost-of-living adjustment is the least we can do for the men, women, and families who served our country,” said Luria, herself a Navy Veteran.

    Tester, who serves as chairman of the Senate Veterans’ Affairs Committee, said the bill will “ensure [Veterans] benefits are keeping pace with the changing economy.”

    No timetable has been set for when either chamber could vote on the proposal.

    Source

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  • Lawmakers relaunch landmark bill to create path to VA care for Veterans ill from toxic exposure

    Toxic Exposure 002

     

    Veterans exposed to toxic substances during their military service could qualify for additional care and benefits from the Department of Veterans Affairs under landmark legislation reintroduced in Congress this week.

    The Toxic Exposure in the American Military (TEAM) Act creates sweeping mandates for VA to further research, track and care for eligible Veterans who fall ill because of exposure to toxic substances during service -- perhaps the most comprehensive legislation on military toxic exposures ever introduced in Congress.

    The TEAM Act was introduced by Sen. Thom Tillis, R-N.C., who represents one of the largest populations of troops and Veterans in the country, including the largest Army base in the world, Fort Bragg. Sen. Maggie Hassan, D-N.H., who represents Pease Air Force Base where troops and their families have been exposed to high levels of "forever chemicals" including PFAS, cosponsored the bill at its introduction.

    Last year, the bill passed out of the Senate Veterans Affairs Committee, a key endorsement, but did not receive a vote on the Senate floor before the end of the year, meaning it had to be reintroduced in 2021. Tillis said in a press conference on Tuesday he believed the reason the bill didn't pass last year was because of its late introduction, and now he and Hassan are working to partner with House members on a companion bill, and that additional amendments and provisions are on the table.

    "We're trying to put a framework in place that lets us end mistakes we made dating back to Agent Orange," Tillis said. "When a Veteran is experiencing an illness, they've got so many other distractions on their mind, we should not make it difficult for them to get the care they deserve."

    The bill aims to allow VA to potentially expand benefits and health care to thousands of Veterans by allowing VA to more efficiently add presumptive conditions for troops exposed to toxic substances, such as herbicides and burn pits, and provide consultations, testing and treatment, among other major mandates. Toxic exposures have increasingly gained attention as Veterans and troops sicken with rare cancers, respiratory and fertility issues, especially those who served in Afghanistan and Iraq.

    "Burn pits are the issue on top of mind, but we really want to get to a point where it's on the independent commission (established under the bill) and a relationship with the National Academies to very quickly have a science-based approach to providing presumptions for Veterans," Tillis said Tuesday. "We're providing a presumption framework that favors the Veteran."

    Millions of Veterans have been exposed to toxic hazards just since 2001, along with generations of troops who came before. But after nearly two decades of war, the Department of Veterans Affairs still denies the majority of claims for burn pits, one of the most common exposures troops experience.

    As of March 10, 233,406 Veterans and service members have added themselves to the VA Airborne Hazards and Open Burn Pit Registry, open to those who have served since 1990. VA has previously estimated as many as 3.5 million Veterans and troops have been affected by burn pits alone.

    Surveys from Veteran service organizations including Iraq and Afghanistan Veterans of America and Wounded Warrior Project show a majority of respondents report toxic exposures of some kind, and most said they were not receiving care for those exposures at VA. Veteran service organizations have made multiple presentations to Congress in recent years arguing that toxic exposures should be a top legislative priority. Veterans have testified before lawmakers again and again about the rare cancers and other severe, and often fatal, conditions they believe have been caused by toxic exposures they suffered, or lost friends to.

    But progress remains slow, despite lawmakers continually saying they don't want to repeat the mistakes of Agent Orange exposures, forcing Veterans to wait decades for care and benefits. Meanwhile, VA continues to deny thousands of claims.

    "We don't want to repeat the mistakes of Agent Orange," Tillis said again Tuesday. "If we don't get it right (burn pits) could be our next Agent Orange."

    VA has received 15,513 claims from Veterans of conditions specifically related to burn pits. The most common issues claimed are respiratory conditions. VA has denied 11,964 burn pit-related claims, or about 77%, approving 3,549, or about 29%, according to data provided to Connecting Vets.

    "Unfortunately toxic exposure has become synonymous with military service,” said Kristina Keenan of the Veterans of Foreign Wars.

    Establishing a firm link between toxic exposures and the illnesses they cause has proved difficult over the years, as Pentagon records of exposures are notoriously incomplete or nonexistent -- including the locations of burn pits and other hazards -- leaving Veterans waiting as they grow more ill or die. Both VA and the Defense Department -- the two largest federal agencies -- place the burden on Veterans and their families to prove they were exposed, when and where with documents that often don't exist.

    "We often place a huge onus on our Veterans and service members, especially those who have been exposed to toxic environments," Hassan said Tuesday. "We have to make sure we're addressing the health challenges that occurred as a result of their service."

    "We need to start thinking, even before they reach Veteran status, about... potential exposures that we should be mindful of," Tillis said.

    The TEAM Act is the culmination of years of effort from the TEAM Coalition of more than 30 Veteran service organizations, along with researchers, advocates and others working to codify care for Veterans afflicted by their toxic exposures.

    "The TEAM Coalition has been working hard to ensure that toxic exposures are not something we're going to be fighting to address a generation from now," said Aleksander Morosky, Wounded Warrior Project government affairs specialist.

    Veterans eligible for consultations, testing and treatment under the bill would include those who received hazardous duty pay for more than one day, or who have been identified by the Pentagon as possibly exposed inside or outside the U.S. to burn pits or other toxic substances or visited a location where service members were potentially exposed.

    The authority to decide which illnesses qualify as service-connected resides with the Department of Veterans Affairs secretary.

    The bill would:

    • Require VA provide consultation, testing and treatment for eligible Veterans who received hazardous duty pay, or were exposed to toxic substances with no copays;
    • Permanently reauthorize VA's authority to establish presumptive service connection for diseases associated with herbicide exposure;
    • Allow the VA Secretary to establish additional presumptives for illnesses linked to certain toxic substances;
    • Establish a Toxic Exposure Review Commission to authorize further research on exposures;
    • Formalize an agreement with the National Academies of Sciences, Engineering and Medicine to report on scientific evidence for illnesses linked to exposures;
    • Require analysis of Veterans exposed to toxic substances to help identify those most at risk and provide regular reports to Congress;
    • Require VA create a list of resources to be published for Veterans exposed to toxicants, and an outreach program for those Veterans, their caregivers and survivors;
    • Incorporate toxic exposure questionnaires during primary care appointments;
    • Create a portal for Veterans to access their Individual Longitudinal Exposure Record;
    • Require VA establish training for its staff on illnesses linked to toxic exposure.

    The bill gives authority to VA leadership to determine illnesses that qualify for service-connected benefits, as has been the case in the past. But to avoid delays Agent Orange-exposed Veterans and others have faced as VA weighs whether to expand benefits, the bill requires VA to make a decision within 60 days of a National Academies of Sciences report linking illnesses to exposures.

    —For information on how to add yourself to VA's burn pit and airborne hazard registry, click here.

    Source

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  • Man misused over $100k of brother’s VA benefits, bought Harley, diamond ring and pickup

    Justice 063

     

    The brother of a service-disabled Navy Veteran was sentenced in federal court Nov. 1 for the misappropriation of his brother’s Veterans Affairs benefits, according to a press release by the U.S. Attorney’s Office for the Western District of Pennsylvania.

    United States District J. Nicholas Ranjan sentenced Andrew Ziacik, 57, to one day imprisonment and ordered him to pay a $4,000 fine and $75,000 in restitution to his brother, Paul Ziacik, after pleading guilty.

    Ziacik originally entered a plea of not guilty November of 2020, but officially changed his plea to guilty June 2, 2021.

    According to court documents, Ziacik acknowledged that between 2013 and 2017, he was the appointed federal fiduciary for a VA beneficiary, meaning that he was responsible for receiving his older brother’s VA income and ensuring that all of his debts were paid.

    But in direct violation of the Fiduciary Agreement, Ziacik misappropriated his brother’s VA benefits to purchase for himself — among other things — a Harley Davidson motorcycle, a GMC Sierra truck and a diamond ring, according to court documents.

    Between 2013 and 2017, Ziacik made more than 100 unauthorized ATM cash withdrawals, taking a total of $25,647.25, from his brother’s beneficiary account.

    He also unlawfully transferred funds from his brother’s account to his own personal accounts 41 times, sending himself approximately $139,950.

    According to the press release, Ziacik also failed to provide the VA with complete and accurate records when a formal accounting inquiry was initiated in August 2016.

    In a letter to the court, Ziacik wrote about the relationship between the two brothers.

    “I was so happy and glad for him to be starting his life on his own and choosing the path he chose,” Ziacik wrote. “While in the Navy, it was the longest time my brother and I have ever been apart.”

    Ziacik then wrote about the time his brother surprised him at home while he was on leave from the Navy, hitchhiking all the way to Pennsylvania from Naval Base Kitsap Keyport in Washington.

    According to the letter, the next time Ziacik saw his brother, he was lying in a hospital bed on life support from unspecified injuries, spending the summer in a coma.

    Ziacik wrote that he’s been taking care of his brother since he was 15, when his brother finally came home after months spent recovering in a VA hospital.

    “Paul and I have a special bond,” Ziacik wrote. “We cherish that bond.”

    “I am sorry for the inappropriate mishandling of my brother’s dividends that I was responsible for,” Ziacik wrote. “I am ashamed of myself and extremely embarrassed.”

    Assistant U.S. Attorney Eric G. Olshan prosecuted the case on behalf of the federal government. The investigation into Ziacik was conducted by the VA’s Office of Inspector General.

    Source

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  • Max Prison Sentence + Restitution For Discharged Veteran Who Faked Military Honors And Combat-Related Mental Health Illness To Claim VA Benefits

    Justice 005

     

    COLUMBUS, Ga. – A Veteran who reaped federal monetary benefits for faking a mental health condition and who falsely claimed to have earned two of the highest honors bestowed for military service was sentenced to the top of his sentencing guideline range and will pay restitution for his crimes, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.

    Gregg Ramsdell, 61, of Columbus, was sentenced to 12 months in prison, the top of his federal sentencing guideline range, three years supervised release and was ordered to pay $76,000 in restitution to the U.S. Department of Veterans Affairs (VA) by U.S. District Judge Clay Land on Tuesday, August 18 after pleading guilty to one count of false statements and one count of violation of the Stolen Valor Act. There is no parole in the federal system.

    “Ramsdell’s conduct does a disservice to all of those who exhibit true valor, serving honorably and courageously in our nation’s armed forces. He will pay the penalty for claiming to be the hero he was not, and reaping monetary benefits reserved for our nation’s true heroes,” said U.S. Attorney Charlie Peeler. “I want to thank the FBI for unraveling his lies, and working alongside us and the VA to protect the integrity of a system built only for those who have sacrificed for and served our country.”

    “The sentenced imposed on Ramsdell sends a clear message that anyone who falsely claims to have received our Nation’s most valorous medals earned through combat and service will be held accountable. VA OIG is resolute in investigating allegations of ‘Stolen Valor’ and holding those who attempt to besmirch the heroic service of our military for personal gain responsible for their deceitful acts,” said David Spilker, Special Agent in Charge, VA Office of Inspector General.

    "Anyone who lies about serving our country to illegally take tax payer money from federal programs that help deserving Veterans must be held accountable to the full extent of our laws," said Chris Hacker, Special Agent in Charge of FBI Atlanta. "Hopefully Ramsdell's sentence will bring solace to every Veteran insulted by his actions, particularly those who suffered physical and mental trauma for their commitment and valor."

    Ramsdell admitted that he falsely claimed to have suffered post-traumatic stress disorder (PTSD) when he applied for disability payments from the VA on September 7, 2014. Ramsdell wrote that he witnessed horrible atrocities during deployment in Afghanistan from October 2008 to March 2009. Among other stressors, he stated he had seen "men, women and children being executed. Women holding babies while detonating themselves. IED explosions causing severe bodily injuries and death. Retrieving body parts and bagging them. Having blood and body excrements being blown onto my uniform." He also falsely claimed that these experiences made him “unable to live a normal life.” As a result of Ramsdell’s false claims, the VA gave him added PTSD benefits retroactive to his military discharge date of June 1, 2014 totaling $76,000. In truth, Ramsdell was not in Afghanistan during that period of time that he claimed to witness the atrocities that supported his false PTSD claim, and he admitted to investigators that he lied about having PTSD. In addition, Ramsdell applied for and attained a coVeted civilian position at U.S. Army Fort Benning in 2017, in part because his resume listed that he was both a Silver Star and Purple Heart with Cluster recipient. He never received these honors.

    The Stolen Valor Act of 2013 makes it a crime for people to pass themselves off as war heroes in order to claim money, employment, property or other tangible benefits. The Silver Star medal is the third highest honor bestowed by the U.S. Army. The Purple Heart medal is awarded to members of the U.S. Armed Forces who are wounded or killed in battle. An additional Oak Leaf Cluster is given to Army and Air Force service members to indicate being wounded in combat on more than one occasion.

    The case was investigated by the FBI and the Department of Veterans Affairs, Office of the Inspector General. Assistant U.S. Attorney Melvin Hyde is prosecuting the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

    Source

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  • Michigan Woman Sentenced For Defrauding U.S. Department Of Veterans Affairs Of Over $1.7 Million In Benefits

    Justice 008

     

    LAS VEGAS, Nev. – A Michigan woman was sentenced today to three years and five months in prison after pleading guilty to carrying out a scheme to defraud the U.S. Department of Veterans Affairs (VA) of more than $1.7 million in veterans benefits, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.

    “The defendant orchestrated a million dollar scheme to defraud the VA and to deceive the elderly veterans and surviving spouses whose names she used,” said U.S. Attorney Trutanich. “As part of the Department of Justice’s Elder Justice Initiative, our office and our partners are committed to safeguarding our seniors and prosecuting those who take advantage of them.”

    Claudia Ann Merrill, 62, of Farmington Hills, MI, pleaded guilty in January 2020 to one count of mail fraud. In addition to the prison term, U.S. District Judge James C. Mahan sentenced Merrill to three years of supervised release. Merrill agreed to pay a criminal forfeiture money judgment of $1,775,271.61 and was ordered to pay $1,755,412.79 in restitution to the U.S. Department of Veterans Affairs.

    According to court documents, from January 1, 2014, through October 1, 2019, Merrill carried out a scheme to defraud the VA. Merrill approached elderly veterans and surviving spouses, and falsely told them they were eligible for VA benefits. Merrill offered to fill out applications for them, and she also convinced them to sign blank application forms and provide identification documents. Merrill then submitted false applications for Veteran’s Pension and Aid and Attendance benefits in the names of these beneficiaries. As part of the scheme, Merrill altered medical records so that the beneficiaries would appear to be eligible for the benefits.

    Merrill fraudulently directed benefit payments into bank accounts she controlled, without informing the beneficiaries. When veterans or their surviving spouses reached out to the VA to inquire about their benefits, Merrill often ceased contact with them, leaving the elderly veteran or surviving spouse to unravel Merrill’s fraud. In one case, Merrill sued a veteran, demanding that he pay Merrill the proceeds of her fraudulent scheme. Through the scheme, Merrill defrauded the VA of $1,755,412 in benefit payments.

    This case was a joint investigation by the U.S. Department of Veterans Affairs Office of Inspector General and the FBI. Assistant U.S. Attorney Jessica Oliva prosecuted the case.

    Source

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  • Military commissaries, exchanges will have wider customer base in 2020

    Commissaries

     

    • The Defense Department said it plans to open up its commissaries and exchanges to 4.1 million new customers on New Year’s Day. The changes were mandated by Congress as part of last year’s National Defense Authorization Act. Veterans with service-connected disabilities, Purple Heart recipients and former prisoners of war will be allowed to shop in the on-base grocery and retail stores. Their caregivers will be eligible too. The military services are changing their access control procedures so eligible Veterans can get on base using their Department of Veterans Affairs health ID cards. Commissaries will charge the new patrons a fee of up to 1.9% if they’re paying by credit card. (Department of Defense)
    • The president has given the Federal Labor Relations Authority the go-ahead to get rid of the chairman and any of the members on the Federal Service Impasses Panel. A new memo from the White House said the FLRA should consider decisions from the panel’s members when choosing to remove someone. Impasse panel members are appointed by the president and not subject to Senate confirmation. An American Federation of Government Employees local representing employees at the Social Security Administration sued the FLRA and the impasses panel earlier this summer. The union questioned the legality of the panel because members haven’t been Senate-confirmed. (White House)
    • The Federal Retirement Thrift Investment Board reaffirmed its 2017 decision to move the TSP’s international fund to a new index. The board said the TSP should move on with its plans to use an emerging markets index as the new benchmark for the I fund. The new index includes Chinese companies. The decision comes amid bipartisan concern from lawmakers. But board members said it’s up to them to make decisions in the best fiduciary interests of TSP participants, not political decisions. (Federal News Network)
    • The Combined Federal Campaign’s National Capital Region is launching its first ever spirit week in early December to encourage more donations. It will run Dec. 1-6. It coincides with Giving Tuesday and International Volunteer Day. The CFC said donations in the National Capital Region are up 20% so far this year. The region’s goal is to raise $34 million. The 2019 campaign ends Jan. 12.
    • Agencies have about a month to deliver a website modernization strategy to Congress under the 21st Century Integrated Digital Experience or IDEA Act. But the governmentwide Federal Web Council is there to help them meet the deadline. The General Services Administration said the council has met with agencies, and gathered feedback on what goals remain unclear in the IDEA Act. The council is chaired by a member of GSA’s Office of Government-wide Policy, and a member of the Department of Homeland Security’s Office of Public Affairs. (General Services Administration)
    • Agencies might get a new grade on their IDEA Act implementation in future versions of the Federal IT Acquisition Reform Act, or FITARA scorecard. Gerry Connolly (D-Va.), chairman of the House Oversight and Reform Subcommittee on Government Operations, said he supports adding the new grade on the scorecard. Connolly said changing the scorecard would give agencies metrics to make website modernization a top priority. (Federal News Network)
    • Protests stalled GSA’s IT products contract. Two unsuccessful bidders filed complaints with the Government Accountability Office over being excluded from the 2nd Generation IT multiple award contract. The General Services Administration awarded 75 companies a spot on the $5.5 billion IT products contract earlier this month. Red River Technology, a large business, and Blue Tech, a women-owned HUBZone small business, filed protests with GAO on Nov. 8 and Nov. 12, respectively. GAO will decide both complaints by early February. (Government Accountability Office)
    • The State Department is looking for the next generation of IT hires to sign up for a five-year stint in the Foreign Service. The department is accepting applications for the fourth class of its Foreign Affairs Information Technology Fellowship. The fellowship started as a pilot in 2017, and aims to bring a diverse pool of talent to the department’s IT ranks. The department will accept applications until Feb. 14. (The Washington Center)
    • NASA may get its first authorization bill since 2017. The Senate Commerce Committee unanimously passed bipartisan legislation which addresses certain programs within the agency. Among other things, the bill would establish a three-year pilot program allowing the NASA administrator to appoint and set the salaries of up to 5,000 employees. It would also allow the administrator to establish consortia and research centers for new capabilities and analysis. It also extends funding for the international space station, and provides guidance for future Mars and moon missions. (Sen. Ted Cruz)
    • A former VA employee was indicted alongside his daughter and ex-wife for health care and wire fraud. The Justice Department accused Miller Wilson Jr. of taking kickbacks from transportation vendors, in exchange for awarding them health care contracts from the VA. His daughter and ex-wife then created their own companies to which he also funneled contracts, according to the indictment. (Department of Justice)
    • The Centers for Disease Control and Prevention came out with new figures showing nearly 3 million people become infected in the U.S. every year, and 35,000 people die, from antibiotic-resistant bacteria and fungi. CDC is watching 18 such bugs but Director Dr. Robert Redfield said yearly deaths from resistant bugs have fallen 18% since the last report in 2013, thanks to more hospitals following CDC guidelines for careful use of drugs. (Centers for Disease Control and Prevention)
    • With the House beginning impeachment hearings Wednesday, Federal News Network wants to know if you will be distracted from your daily work. Former federal officials said the 1998 impeachment hearings of President Bill Clinton had little impact on the federal workforce. But with social media and having constant online access, will federal employees find themselves caught up in the hourly news cycle? Tell us what you think by taking our survey. (Federal News Network)

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  • Military families in line for tens of thousands in benefits under plan to dump the ‘widows tax’

    Dump Widows Tax

     

    Lawmakers are poised to get rid of the military “widows tax” that cost some families of deceased service members tens of thousands of dollars annually in lost benefits payments because of federal accounting problems.

    Advocates hailed the move as a major step forward for military spouses who have faced frustration and financial hardship for years.

    “This has been a decades-long battle to provide surviving spouses the benefits they have earned and paid for,” said Ashlynne Haycock, deputy director for policy and legislation at the Tragedy Assistance Program For Survivors. “We are incredibly grateful for all those who have fought so hard and for so long to see this and we look forward to seeing the bill become law in the coming days."

    The fix is included in the compromise version of the fiscal 2020 defense authorization bill, released late Monday night. The proposal is expected to be voted on by the full House on Wednesday and the Senate next week.

    Addressing the widows tax has been a bipartisan promise of Congress for years, but the expected cost — $5.7 billion over the next decade — has proven to be a barrier in finding a permanent solution.

    The problem stems from how the government handles two separate military survivor payouts. The first, the Dependency and Indemnity Compensation program, awards around $15,000 a year to survivors of Veterans or troops who die of service-related causes. There is no cost to troops or families to enroll.

    The other, the Survivor Benefit Plan, gives families of military retirees who enroll up to 55 percent of their loved ones' retirement pay after the Veteran dies. The life insurance-type payouts are subsidized by DoD, but require enrollees to pay-in part of their retirement benefit to be eligible.

    Individuals who qualify for either SBP money or DIC benefits receive full payouts from the respective programs. But family members who qualify for both are subject to an offset, where for every dollar paid out in DIC their payouts under SBP are reduced by one dollar.

    That costs those families up to $1,000 a month in payouts that advocates insist they deserve. Some families have avoided the offset penalty by transferring benefits into their children’s accounts, but that creates other complicated tax issues.

    The problem affects about 65,000 military families.

    In the annual defense bill, lawmakers inserted a three-year phase-out of the offset. Starting Jan. 1, 2021, families affected by it will receive one-third of their full SBP payout. A year later, that will rise to two-thirds. In 2023, it grows to the full SBP amount.

    The bill will also drop the option to transfer those benefits to children after 2023. Families currently using that loophole will be able to move those benefits back to surviving spouses at that time.

    “While we still have to get through both chambers and the White House, it is heartening to know Congress maintained their commitment to repeal the widows tax in spite of having to weigh the many competing priorities presented in conference,” said retired Air Force Lt. Gen. Dana Atkins, president of Military Officers Association of America.

    The changes do not address the related “kiddie tax,” where families who transferred the military benefits to an underage dependent faced hefty bills this year as a result of the 2017 tax code overhaul. That issue will have to be dealt with in separate legislation.

    However, advocates are hopeful that by fixing the offset problem, fewer families will use that financial move in the future, limiting the impact of that problem.

    Lawmakers are planning a press conference to celebrate the fix — and reaching a compromise on the broader authorization bill — later this week. The measure has been adopted by Congress in some form for the last 58 years in a row.

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  • Millions of Vets could get new benefits under toxic exposure legislation. But can it become law?

    Mark Takano

     

    Congress may be on the verge of passing the most comprehensive legislation dealing with military toxic exposure issues in 30 years, potentially granting new health care and disability benefits to one out of every five living American Veterans.

    Or they could be headed to another round of legislative gridlock and advocacy heartbreak in the effort to full recognition of the danger of burn pit exposure and other military contaminant hazards.

    “We know the path ahead still won’t be easy, but with the commitment we’re seeing today, the possibility of passing comprehensive toxic exposure legislation has never been greater,” said Joy Illem, national legislative director for Disabled American Veterans, during a Capitol Hill press conference on Wednesday. “This is long overdue.”

    The event — featuring numerous Veterans groups, House Veterans’ Affairs Committee members and comedian Jon Stewart — was the official unveiling of the newly crafted Promise to Address Comprehensive Toxics (PACT) Act.

    Supporters hailed it as the most ambitious legislation on the topic of military toxic exposure since the Agent Orange Act of 1991, which for the first time granted presumptive disability benefits status to all troops who served in Vietnam because of the widespread use there of the chemical defoliant Agent Orange.

    “Toxic exposure is a cost of war,” said committee Chairman Mark Takano, D-Calif. “It’s time America makes good on our promise to care for all Veterans exposed to toxic substances.”

    The PACT Act adds hypertension to the list of illnesses covered for Vietnam Veterans, a move that will potentially grant 150,000 elderly Veterans access to disability payouts. It also includes presumptive status for radiation poisoning for thousands more Veterans who served in areas where nuclear testing and weaponry was used.

    But the most striking portion of the bill would be recognition that all troops who served in Iraq and Afghanistan likely suffered some level of poisoning from burn pits used extensively throughout the country, even though scientific specifics on the chemical vapors present remain incomplete.

    The legislation establishes a list of 23 cancers and respiratory illnesses believed linked to the toxic smoke, allowing Veterans who served in the countries and later contract the conditions to skip eligibility and verification processes for VA benefits.

    “If we can get those presumptions, that’s a major strategic victory,” said Rep. Raul Ruiz, D-Calif., a former emergency room doctor who has been pushing for burn pit legislation for several years. “This must be the year that we send a bill to the president and turn it into law, and the most important part is the extensive list of presumptions.”

    Altogether, more than 3.5 million Veterans could see some benefit change under the scope of the House bill.

    Earlier this month, Senate Veterans’ Affairs Committee members offered their own similarly sweeping toxic exposure legislation, the Comprehensive and Overdue Support for Troops (COST) of War Act. The measure has a shorter list of presumptive conditions tied to burn pit smoke and a different approach to future reviews of toxic exposure issues.

    The committee advanced the measure on a bipartisan voice vote on Wednesday, allowing lawmakers to move ahead with plans to take it to the full Senate for consideration later this summer.

    But the bipartisan approval came with several large caveats.

    Several members said they still want to get an estimate of the total cost of the measure — Sen. Thom Tillis, R-N.C., said the price tag may hit “hundreds of billions of dollars” — before they back it in a full chamber vote.

    Senate committee ranking member Jerry Moran, R-Kan., said he also has concerns that the scope of the new benefits could overwhelm VA claims processing, already strained from months of pandemic closures and business adjustments.

    House Republicans have not yet signed onto the measure, although Takano said several GOP-backed bills are included in his legislation and he is confident they can find bipartisan agreement on most of the issues.

    And Moran has said he still wants more feedback from VA officials on how they intend to implement the massive legislative proposal. Takano said that he is meeting with VA Secretary Denis McDonough to discuss those issues on Friday, and that department officials so far have been cooperating behind the scenes to move the legislation forward.

    For Veterans advocates, that’s a reason for optimism, even if much work lies ahead.

    “[Veterans] must know when and where they were exposed and to what,” said Coleen Bowman, a senior advisor at the Tragedy Assistance Program For Survivors whose husband, former Army Sgt. Maj. Robert Bowman died of cancer in 2013.

    “Had we known what my husband was exposed to, we could have informed the doctors earlier. It wouldn’t have taken 6 months of misdiagnosis before we were told he had stage 4 inoperable cancer. When we send our service members to war, we must be prepared and willing to take care of them when they return home.”

    Both Takano and Tester said they hope to pass their respective bills out of their chambers later this summer, with a goal of reconciling them this fall and finalizing the legislation before the end of the year.

    That would mean rulemaking could start early next year, with payouts and new medical benefits beginning no earlier than 2022, still more than a year away for Veterans and families already struggling with health issues that have lingered for years and decades.

    “Time is a luxury that many ill Veterans just don’t have,” said Aleks Morosky, government affairs specialist at the Wounded Warrior Project. “The time to act is now.”

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  • Millions of Vets may be eligible for extra GI Bill benefits thanks to court ruling

    Extra GI Bill

     

    Millions of Veterans could be eligible for an additional year of education benefits starting next semester thanks to another federal court ruling rejecting the Department of Veterans Affairs prohibition on collecting both Post-9/11 GI Bill benefits and Montgomery GI Bill payouts.

    The decision, rendered by the U.S. Court of Appeals for the Federal Circuit late last week, leaves federal officials with only a few long-shot options to support their arguments and overturn a pair of precedential decisions by judges.

    In a statement, VA officials said they are still assessing the latest court decision but “remain committed to providing Veterans the benefits they have earned and deserve.”

    The case, Rudsill vs. McDonough, has been pending in federal courts for nearly six years. At its center is department officials’ assertion that Veterans can use either the Post-9/11 GI Bill program or the Montgomery GI Bill program, but not both.

    Jim Rudisill, an Army Veteran wounded in a roadside bomb attack in Iraq in 2005, challenged that policy, saying it was based on a misreading of the law by department officials.

    The federal circuit court was the latest in a series of courts to back his case, agreeing that Rudisill should not have been forced to give up eligibility in either program, and should be entitled to 48 months of education benefits (the existing cap on total government higher education payouts under federal statute.) The ruling leaves in place lower court decisions that say eligible Veterans can start using the benefits as early as next semester.

    “Congress doesn’t try to trip up Veterans with their benefits. They want to protect them and take better care of them,” said Tim McHugh, an Army Veteran and associate at the Hunton Andrews Kurth law firm who was the lead attorney on the case.

    “To hear another federal appellate court agree with that is vindicating.”

    Under the Post-9/11 GI Bill education benefits program, eligible Veterans receive 36 months of tuition payouts, housing stipends and other financial assistance.

    The Montgomery GI Bill benefits program offers far less money, but still has several thousands of dollars annually to offer Veterans for tuition costs if they paid into the program at the start of their military service. It is expected to be completely phased out in the next decade.

    Given the choice between the two programs, most Veterans would opt for the more financially generous Post-9/11 GI Bill program. But the court decisions now open the door for the possibility of another year of lesser education stipend payouts for Veterans who can’t complete their degrees in 36 months.

    Rudisill is attending seminary school using his additional education benefits, after a lower court order allowed him to start collecting the money even as the case was appealed.

    The court ruling is focused just on his benefits, and was not a class action suit that would apply directly to all Veterans in a similar situation. But judges on the federal circuit court opted to make their decision precedential, meaning it could be used by other Veterans to support their own eligibility for additional payouts.

    An estimated 1.7 million Veterans who have already attended college classes have some Montgomery GI Bill eligibility left, according to Rudisill’s lawyers. The department has not released any estimates on how much a change in policy may cost.

    It’s also unclear whether Veterans need to have a break in service to qualify for the extra benefits.

    Rudisill served from 2000 to 2002, left the service to take some college classes under the Montgomery GI Bill, then returned again in 2004 for a year and in 2007 for four more years. The judges said that constituted separate periods of service qualifying him for separate periods of benefits eligibility. But they also argued against the VA opt-out policy.

    Officials from Student Veterans of America noted that VA officials also have not publicly announced how many of those may be eligible and whether they plan on informing Veterans about how to petition for that money.

    VA officials could still attempt to appeal the ruling to the Supreme Court, but such a bid is considered unlikely to succeed given the strong statements against their position from the lower court.

    The Solicitor General could also petition the federal circuit to expand the panel hearing the case and re-examine the arguments, in hope of a different decision. That is also unlikely to produce a different reaction, although Circuit Judge Timothy Dyk did offer a partial dissent to the latest ruling.

    Administration officials have until mid-August to start those moves, or allow the court orders to stay in place.

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  • Mississippi Veterans Affairs steps in after federal VA failed Veteran

    Timothy Holliman

     

    GULFPORT, Miss. (WLOX) - Homeless and diagnosed with cancer, Timothy Holliman was running out of options.

    He had gone to the Veterans Administration, but a paperwork snafu had left him without benefits, despite serving for nine years.

    He shared his story with WLOX News Now in hopes of finding a solution.

    “I’m banging my head against the wall because I can’t get no straight answers,” Holliman said in the shade of a gutted hotel on Highway 49 two weeks ago. He was sitting in his car with his fiancé Shirli Nalley and his fledgling service dog Poncho Villa.

    He has been fighting the battle for seven years, but the federal bureaucracy that is the U.S. Department of Veterans Affairs could not see past a less than honorable discharge that Holliman insisted was not deserved.

    A soldier’s story

    Timothy Holliman Jr., 44, served two stints in the military with the National Guard and Reserves beginning in 1998. The first stint lasted seven years. He served in multiple units.

    “Any time a school come up, I volunteered for it because I figured the more I could learn, the better I could serve, not only myself but my country,” he said.

    He was one of those soldiers that would be assigned to a unit that needed an extra man with his skills.

    “I’ve been in Iraq, Afghanistan, a few other places. Lost some friends in combat. It’s been pretty hard, but I live with it.”

    Adjusting to civilian life after serving in combat can be difficult, especially for those in the Guard and Reserve.

    “PTSD, depression, anxiety, insomnia and a few other things to go along with it,” he said in a casual tone that only another Veteran would understand.

    After serving with the 1108th Aviation Group in Fort Knox, Kentucky, he suffered a mild heart attack while on leave and was unable to return.

    “They said don’t worry about it, you’re National Guard, we’ll discharge you at home”

    Instead, Holliman was inadvertently reassigned to an active-duty unit without his knowledge. When he didn’t show up, he was declared AWOL. He was arrested, set free, then taken into custody again. He eventually served two weeks in the brig. That is where he got his other than honorable discharge.

    It’s a long and complicated story.

    Recalled

    Despite his status, he was called back to the Inactive Ready Reserves in 2005. He served two more years in Hattiesburg and Gulfport and was discharged again, this time with an honorable discharge that should have earned him VA benefits.

    As he reads through his records, it tells the story of his problem: conflicting statements.

    “This says uncharacterized, unknown, uncharacterized, unknown, unknown and honorable was the last one.”

    Among other things, his paperwork says he enlisted in 1985 when he was 10 years old.

    Whenever he went to the VA, they would reject him because of the less than honorable discharge.

    Instead of offering to help correct the problem, the VA would tell him “Get my 214 and figure it out,” he said with a shrug.

    A DD-214 is an essential piece of paper for any Veteran. It defines who he is for VA benefits. Without it, you don’t exist. In Holliman’s case, he had two of them that conflicted, and the VA wasn’t interested in helping him get it fixed.

    “This VA has this paperwork, this VA has this paperwork,” he said in frustration.

    “So how am I honorable but I can’t get no benefits?” He asked, waving one of several sheets of paper that defined his life. “I can’t get any help.

    “They’re (Biloxi VA) saying until I get my 214, and I can get Tampa (VA) squared away and get them (Biloxi VA) squared away, I’m stuck. Even though it says I’m eligible for VA benefits, but I’m not, so what am I supposed to do?”

    This is not unusual

    WLOX put Holliman in touch with the Mississippi Veterans Affairs. Their office is not a part of the federal VA, but they do work hand-in-hand with them to help Mississippi Veterans get their benefits. They were willing to help.

    “This Veteran is an example of one of those who gets stuck in the cogs of the bureaucratic wheel, falls through the cracks,” said Stacey Pickering, executive director of Mississippi Veterans Affairs. “This is not unusual that a Veteran or a family member, they get caught, they don’t know where to turn. That’s what we’re here for, navigating that federal system that is often complicated; it’s often convoluted.

    “We want to be there as a state agency to help them pick up those pieces, put it together and get them the benefits that they’ve earned.

    “If he has been in Iraq, Afghanistan during the global war on terror, there are benefits he’s entitled to, and we need to help him get that access, and the fact that he has contradictory paperwork, two different DD-214s, different discharge levels, we need to reconcile that to make sure that we’re assisting him.”

    Holliman said he has been trying to clear up these paperwork problems for seven years. His needs became more urgent late last year when he was told that his lymphoma had returned. He needed a biopsy but can’t afford treatment.

    His fiancé‘s late husband was a Vietnam Veteran who had died from lung cancer, so she had traveled this road before. When they hit a roadblock in Biloxi, they went to Tampa where her husband had been treated. Things started well, but they ran into that same roadblock of the less than honorable discharge.

    “They tell me your best bet is to go back to where you originally enlisted, talk to the VA there.”

    That didn’t help.

    “I’ve got Hodgkin’s Lymphoma. I’ve got a mass in my right lung, and paying out of pocket to get in to see a doctor gets very expensive.”

    Three days after WLOX News Now contacted Pickering’s office, Holliman got his DD-214s, something the federal VA was never able to accomplish. They helped him file the paperwork to correct the errors in his records. However, that could take anywhere from three months to years to make it through the bureaucracy.

    In the meantime, they put him in touch with an agency that provided temporary housing. He has food and a few supplies to start a household if another agency is able to find a place for him to live.

    However, his VA benefits status, and thus he access to medical care, is still in question.

    “I gave this country nine years of my life,” Holliman said. “I’m nobody special. I’m not no hero, I’m not anything. I’m just a Vet that’s homeless and is trying to take care of his family, and I just need some help to get this stuff straightened out.”

    If you are a Mississippi Veteran in need of assistance with getting access to your benefits, you can contact the Mississippi Veterans Affairs office at (877) 203-5632 or on the website at Mississippi VA.

    “They can e-mail, they can call,” Pickering said, “And we can help navigate this system for them.”

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  • New guide series provides GI Bill benefits information

    GI Bill Benefits 002

     

    Veterans can learn more about GI Bill benefits they’ve earned through a new three-part series just released.

    The series, “Building Your Future with the GI Bill,” coincides with the third anniversary of the Colmery Act, signed into law Aug. 17, 2017.

    VA’s education benefits programs, particularly the Forever GI Bill, support Veterans and their families by providing them the benefits and resources for education goals. The new three-part series serves as a roadmap to support the journey from education to employment. This series helps eligible service members, Veterans and their families. The series helps people navigate education pathways, finding the right benefits program for them.

    The guides

    Part One, “A Guide to Choosing Your Education Pathway,” helps GI Bill beneficiaries navigate the education pathways to lead to a fulfilling career. Earning a degree or certification allows beneficiaries to be more competitive in the workforce. This also helps them attain a higher salary and job stability, and boost employer-provided benefits. This guide provides details on education options from undergraduate, entrepreneurship, on-the-job training, and other non-traditional education options.

    Part Two, “A Guide to Understanding Your Benefits”, helps future GI Bill beneficiaries navigate VA education benefits to find the best program fit for themselves. Understanding the variety of education benefits available helps Veterans and their families determine the appropriate VA benefit based on eligibility and goals. This guide provides Veterans details on supplemental programs and offer a way to compare options. It also encompasses information on additional grants, scholarships, state benefits and student loans,. This helps give a holistic view of resources available.

    Part Three, “A Guide to Furthering Your Career,” helps GI Bill beneficiaries transition from education to a fulfilling career. Education is the first step. This guide outlines the process of job searching, building a network, and growth during a career. As students finish their education or training, VA can help them find the right career path.

    Potential GI Bill beneficiaries should use these guides as a starting point to research the education and training options available. These guides provide help with navigating the variety of education pathways, understanding education benefits options, and building a fulfilling career.

    More information

    Learn more about the GI Bill and education benefits available at va.gov.

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  • New in 2022: When will all burn pit victims finally get Veterans benefits?

    Burn Pit Victims Get Benefits

     

    Veterans advocates saw significant progress in 2021 in the fight to improve care and benefits for victims of burn pit smoke, but they’re hoping for even more in 2022.

    The issue of toxic exposure injuries for Veterans has been a point of emphasis for outside organizations for years. This past year, advocates for those ill Veterans saw a number of bills to extend research, monitoring and benefits eligibility advance further than ever before in Congress, only to stall out at the end of the year.

    Leaders in the House and Senate have promised to keep pushing those measures along. But partially in response to that momentum, the Department of Veterans Affairs has begun its own work on the issue, granting presumptive benefits to some burn pit victims for the first time.

    In August, VA officials announced that Veterans suffering asthma, rhinitis and sinusitis who served in most overseas war zones after September 2001 would be presumed to have contracted the condition from the toxic smoke emanating from such pits.

    That designation reduces the paperwork and proof needed to link the conditions to individuals’ time in service and speeds up the process of getting them disability payouts.

    Several thousand Veterans have already been approved for the new benefits.

    Then in November, White House officials announced a full review of how all future disability claims will be evaluated, including a 90-day review of numerous rare cancers believed linked to military burn pits. The results of that work should be made public in February.

    VA Secretary Denis McDonough told Military Times in November that “no Veteran is going to have to wait another five or six years” for answers on the burn pit benefits.

    “We are moving because of pressure from — and expectations from — our Veterans and because of a demand for accountability from the president,” he said.

    Veterans Affairs officials have estimated more than 3.5 million troops were exposed to the toxic smoke from burn pits during overseas deployments over the past 20 years, but a full accounting of the injuries and illnesses that smoke caused has never been completed.

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  • New law gets more Vets to qualify for agent orange benefits

    Qualify for AO Benefits

     

    Decades after tens of thousands of troops were exposed to agent orange in the Vietnam War, many Veterans are now able to qualify for benefits. But that doesn't mean the process is easy for those who suffer.

    Prior to January 1, 2020, only those who were stationed on land in Vietnam qualified for benefits. But during the war, agent orange was sprayed using helicopters and planes, which meant there was no controlling where it ended up, and impacted those on ships.

    “There’s evidence that what would happen is that it would drain into rivers then drain into bays and then boats would pick it up. The ships would pick it up and use it for a drinking water,” said attorney Matthew Hill.

    And while the new law helps, to get the benefits, Hill said the Veteran must prove their ship was in Vietnamese territory. It's a process that can be quite difficult.

    “It’s a little tricky to figure out where the ship was, a person would have to say, I was on this ship for year and know if it ever reached a specific point in the water. The only way they can tell that is with deck logs. That’s the logs that showed where the ships were” added Hill

    But, to make things even harder; many of those records are no longer public. And unless the Veteran has their own ship logs, there is little to no evidence to support the claim for benefits.

    “The VA is developing their internal technology, but there is two challenges to that. One, they're not sharing it. Veterans can’t just go and say this was where I was. And two, what they did is, they took all the deck logs from the national archives and they won’t let anyone else see them,” said Hill.

    To help, the law firm of Hill & Ponton created an interactive crowd-sourcing map where Veterans can upload their logs to help other Veterans find their ship and it’s all in hopes of assisting those who need it the most get the benefits they deserve.

    “It’s a game changer for these people most of them individuals are not wealthy they need these benefits. They’re dealing with such awful diseases, they need healthcare top-tier healthcare” added Hill.

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  • New proposal to lower Medicare age to 50 could be a lifeline to millions

    Joe Biden

     

    A group of 21 Democratic senators have reintroduced legislation in Congress to lower the qualifying age for Medicare from 65 to 50.

    “When it comes to providing affordable health care for every American, there is more we must do right now to change the status quo, improve our health care system and lower costs,” said Sen. Tammy Baldwin, a Democrat from Wisconsin and one of the cosponsors of the bill.

    Baldwin added that this legislation would give millions of Americans an option to “get the health care coverage they need at a price they can afford.”

    Here’s what you need to know about the proposed reform and how to find affordable health coverage even if you’re nowhere close to age 50.

    Since the program was created in 1966, you’ve had to be 65 years old to qualify for Medicare coverage.

    At the press conference announcing the bill, Sen. Sherrod Brown, a Democrat from Ohio, said lowering the age limit could be life-changing for millions of Americans.

    “I remember a few years ago, I was at a town hall meeting in Youngstown, Ohio, and a woman stood up and said ‘I’m 63 years old. My goal in life is to live till I’m 65 so I can get on Medicare,’” he said.

    “She was so focused on her health care. She had two jobs at the time, both low-wage jobs and neither provided insurance. She just knew how important it was to have insurance and get on something that is [as] popular and important and sufficient and effective as Medicare.”

    Recent research shows that lowering the age limit of Medicare coverage could even be life-saving for some.

    Diagnoses of certain cancers are disproportionately higher among people 65 and older, compared to those 64 and younger, according to a recent Stanford University study.

    The study’s authors concluded that “many people are delaying their care for financial reasons until they get health insurance through Medicare.”

    What would the changes mean?

    More than a quarter of adults approaching retirement have little to no confidence they’ll be able to afford health insurance over the next year.

    And 45% have little to no confidence they’ll be able to afford the cost of their health insurance once they retire, according to a 2019 survey from the University of Michigan.

    Right now, a 60-year-old with an annual income of $51,000 — which is a little more than four times the poverty level — would have to pay a premium of $4,420 a year for a silver health plan on the Obamacare exchanges, according to the Kaiser Family Foundation.

    If the Medicare age drops, that $4,420 annual expense would plummet — or even disappear — once the person enrolled in Medicare, depending on their care requirements.

    “As people approach retirement, their health care needs tend to go up,” Brown said. “Letting people choose to buy into Medicare, starting at age 50, would fix that. It’s something achievable we can get done right away to make a difference in millions of Americans’ lives.”

    But it doesn’t have universal support

    Most Americans support expanding Medicare coverage — a 2019 Kaiser Family Foundation poll indicates that 77% of respondents (85% of Democrats and 69% of Republicans polled) support the idea of introducing a Medicare buy-in for people as young as 50.

    But the idea faces detractors in Congress.

    And not just from Republicans — more conservative members of the Democratic party are likely to push back on any changes to the state-sponsored health system.

    In response to Biden’s comparatively modest proposed changes, hospital communities argued that expanded health care could encourage more people to retire younger, which would negatively impact the workforce. They’re also concerned it would reduce the amount health care providers receive in reimbursements.

    What about everyone else?

    For anyone who isn’t yet 50 (or 60) who wouldn’t be impacted by the proposed age drops, you can still expect to receive some health-care benefits.

    The Biden administrations’ new Obamacare subsidies make it easier for you to get affordable health insurance.

    With the subsidies, which apply to plans available on healthcare.gov and other ACA exchanges during the current special enrollment period, anyone making more than $51,000 a year could find a plan for about $1,000 less per month than before the bill was passed.

    What to do if the bill doesn’t pass

    To pass Congress, the bill would need full support from all of the Democratic members. Since that seems unlikely, it’s best to make some plans to find savings for yourself.

    If you’ve got bills piling up these days, health care or otherwise, you may want to consider a lower-interest debt consolidation loan to help get you out of debt easier and sooner.

    As for your health-care costs, it will take a little while for you to see the impact of the new subsidies. Make sure you’re not overpaying for this crucial coverage by shopping around for the best rate.

    And while you’re shopping for insurance, why not keep the savings rolling? By looking around for a cheaper policy, you could potentially cut your homeowners insurance bill by $1,000 this year.

    Even if the government doesn’t pass a change qualifying you for Medicare coverage, with the savings above, you can make your own changes to the status quo, improve your health care coverage and lower your monthly bills.

    Source

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  • New web tool shows how Social Security cuts could hit your wallet

    Social Security 002

     

    It’s no secret the funds Social Security uses to pay benefits are running low.

    New proposals on Capitol Hill aim to fix the program’s solvency.

    Just how dramatic those changes will need to be depends on how soon changes are put through.

    Likewise, people who are planning for their retirement now may also want to make adjustments based on unforeseen events that could pop up.

    That includes any potential cuts to Social Security retirement benefits.

    “When you’re looking at all these ‘what ifs,’ the adjustments you make now in order to plan for something later are much smaller,” said Joe Elsasser, founder and president of Covisum, a Social Security claiming software company.

    To that end, Covisum has developed a calculator to help consumers and financial advisors gauge just how impactful any Social Security benefit cuts could hit their bottom line in retirement.

    To be sure, benefit cuts are not a given.

    One year ago on Thursday, the Social Security Administration released projections indicating its trust funds could become depleted in 2035, at which point 79% of promised benefits would be payable.

    An official update is expected to be released soon with the agency’s annual trustees report. Other projections have already speculated that the expiration date could be sooner due to economic repercussions from the Covid pandemic.

    To fix that shortfall, experts generally expect some changes. Benefit cuts are among the possibilities, as well as potential payroll tax increases, or a combination of both.

    In 1983, when President Ronald Reagan ushered in the last major Social Security reform to fix the program’s then-ailing finances, changes included gradually raising the retirement age to 67 and imposing some taxes on benefits for the first time.

    The key for anyone who is looking toward claiming Social Security retirement benefits now is not to base the decision on worries of what changes could be coming.

    “The temptation may be to act on fear,” Elsasser said. “It’s rarely the best track for financial planning.”

    “Having a realistic understanding of the impact, even in a bad case, is better than going in with your eyes closed,” he said.

    Covisum’s new calculator helps advisors evaluate Social Security claiming decisions. For many people, that is the cornerstone of their retirement plan, Elsasser said.

    The calculator can stress test clients’ plans against benefit cuts and other negative scenarios such as poor market performance or negative health situations to see if their plan would still be OK.

    “If it is, then you don’t have to act on fear,” Elsasser said.

    If it is not, then adjustments like reducing lifestyle expenses or working longer may be necessary.

    There is also a free version of the calculator available to consumers.

    That version requires four data points: year of birth, benefit amount at full retirement age, percentage of a hypothetical benefit cut and the year that cut occurs.

    Then it compares results of a person’s lifespan in five-year increments based on how early they claim — from age 62 or as late as 70 — and how that would be impacted if benefit reductions are put in place or not.

    Ultimately, the results can be a starting point for people to evaluate what the potential results could be, which will hopefully lead them to avoid claiming early — and therefore take reduced benefits for life — just because they are afraid of benefit cuts, Elsasser said.

    Research indicates those cuts would likely be less than 25%, if they happen at all, he said.

    Notably, the calculator does not factor in the idea that benefits could go to zero. Because current tax revenues still support the program, that’s a highly unlikely scenario, Elsasser said. Even younger generations should continue to see income from the program in the future.

    “The likelihood of it going to zero is as close to zero as you can get,” Elsasser said.

    Source

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  • New White House budget threatens access to Veteran benefits

    Access to Vet Benefits

     

    To use their healthcare benefits, Veterans are required to successfully navigate one of the most complex and least user-friendly bureaucracies around. The Veterans’ Administration (VA) has been underfunded for years as it continues to suffer from insufficient hospitals and a broken, backlogged benefits system.

    The VA consists of over 412,000 employees (plus contractors), 6,000 buildings, including 1,600 health care facilities, 144 medical centers and more than 1,200 outpatient sites. The last two decades of war have produced the greatest number of Veterans since the Vietnam era, putting additional stress on an increasingly complex system that has also been plagued with scandal, overwork and disappointment.

    For example, of the roughly 520,000 pending VA claims for disability compensation and benefits, 191,000 are considered to be backlogged (defined as older than 125 days). Exacerbated during the pandemic, much of the important work at the National Personnel Records Center at the National Archives and Records Administration (the team that helps with processing disability claims) was stopped and 90% its staff were sent home.

    Historically assistance and instruction for the individual Veteran has been provided by VA intake officers, Veteran Service Organizations (VSOs) and internet instruction for self-help. Unfortunately, all of these avenues have proven inadequate to the challenge.

    The VA continues to fight an increasing backlog making their direct assistance all but entirely a thing of the past. The on-line instructions are wholly inadequate for the average Veteran because of the innate complexity of the system on a par with the IRS. The VSOs have always been the long pole in this tent but their shrinking membership, service disparities given the state you live in, and ever-lowering visibility in the community makes their assistance less and less the effective stopgap they once were.

    Over that last decade, private consulting agents who work on a contingency basis have become an effective private sector solution to this lack of this assistance for Veterans. These are non-government actors that, similar to VSOs, can help Veterans work through benefits claims and assist in each step of the process. They typically work on a contingency model which means they do not get paid unless there is a benefit increase for the Veteran. As is the case with a most private enterprise, these consultants have extensive staff expertise and systems in place to be as efficient as possible.

    Much like hiring an attorney to assist in the process, the Veteran gets the same help from these consultants at a fraction of the cost of lawyers and on a success-fee basis. To safeguard against fraud or incompetence, these consultants must be accredited by the VA to provide these services.

    Government bureaucrats preparing the Biden Administration’s VA budget request have included a prohibition of these consultants from being able to be accredited. This prohibition is a revival of a failed attempt by Montana Senator Steve Daines in the last Congress to eliminate the consultants from the process of providing individual assistance to Veterans.

    Whether this proposal is rooted in a desire to protect attorneys and their hourly fees (attorneys are not similarly prohibited by the VAs proposal), punish private enterprise looking to supplant a bloated and inefficient government bureaucracy or just a desire to stop being showed-up by an efficient and helpful organization; the proposal is misguided and completely without any consideration for the long-suffering Veteran.

    These types of consultants are all but essential in other interactions citizens have with our government. From private tax preparation to private ambulance services and a host of others; private companies providing direct services to citizens to assist in their interactions with government are as common as they are often indispensable.

    Considering the backlogs to initial intake for new claims alone, the VA should be looking to streamline and expand the levels of private assistance to its own inability to do this important task. There are ways to ensure that these consultants remain reliable, capable and effective. Simply eliminating them is a lazy, non-solution to what is largely a non-problem.

    In proposing this legislative change, the Biden VA and others in Congress cite the high costs and challenges to accrediting, overseeing and occasionally policing private consultants. Basically, the VA says they can’t advise and assist the Veteran on their own but allowing private help is too difficult to accept. Congress should reject the tired bureaucratic whine of “too hard” and insist that they continue to accept this private help, get over themselves and get better at integrating it successfully.

    In Congress, I sat on the Veterans’ Affairs Committee, previously I served in the Army, and I am a member of the American Legion – one of the main VSOs providing this non-government assistance to the Veterans. In my opinion, the need for private consultants supplementing an inadequate bureaucracy, over stressed VSOs and expensive attorneys is not only preferable but necessary.

    The VA can and should do better and needs to drop this budgetary request and embrace private help to its government mission.

    Source

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  • Niece of Veteran Pleads Guilty to Stealing VA Benefits Intended for Her Uncle

    Justice 023

     

    Montgomery, Ala. –   On Wednesday, June 30, 2021, Mende Leone, also known as Shirl Lee Cook, 37, pleaded guilty to misappropriation of a federal benefit by a fiduciary, announced Acting United States Attorney Sandra J. Stewart. Leone resided in Phenix City, Alabama at the time of the crime.

    This case involves the fraudulent misapplication by a fiduciary of funds provided by the U.S. Department of Veterans Affairs (VA) intended for the sole benefit of a Veteran. The VA’s mission is to provide and care for United States military Veterans. Among its many programs, the VA administers a fiduciary program designed to protect certain VA beneficiaries who, as a result of injury, disease, or infirmities of advanced age, or by reason of being less than the age of majority, cannot manage their VA benefits. Under this program, the VA may appoint a relative or some other fiduciary to receive payments of benefits on behalf of the beneficiary for the use and benefit of the Veteran.  

    According to court records, Mende Leone was the niece of a Veteran living in Phenix City who was receiving benefits from the VA and was eventually appointed to serve as his fiduciary. In late 2014, the VA notified Leone that a large retroactive payment of benefits would be made on behalf of her uncle. A short time after these payments, the VA received a tip that large transfers had been made from the Veteran’s bank account where his funds were being held. When looking into the matter, the VA discovered that from March-May of 2015, Leone wrote several checks from the Veteran’s fiduciary account made payable to her mother, Shirley Ann Moreman, who is also the Veteran’s sister. Moreman either cashed or deposited the checks into her personal account and then almost immediately withdrew most of the money. Moreman and Leone then used the money for their personal use and not for the benefit of the Veteran. The investigation revealed that Leone and Moreman misappropriated at least $151,000.00 of VA benefits intended for the Veteran.

    Both Leone and Moreman were indicted by a federal grand jury in March 2020 for their roles in the scheme. However, Moreman passed away in February 2021 before her case could be adjudicated. At some date in the coming months, Leone will be scheduled for a sentencing hearing where she faces a maximum sentence of five years in prison, as well as monetary penalties and restitution.

    “Stealing benefits from a Veteran is a despicable crime,” stated Acting U.S. Attorney Stewart. “Our country owes a debt to all service members for their sacrifice and we must ensure that they are protected from those that would take advantage of them for personal gain. I am grateful that the Department of Veterans Affairs quickly discovered this illegal activity and my office stands ready to use every tool available to investigate and prosecute those that target our most vulnerable citizens.”

    “The OIG is committed to prioritizing the protection of vulnerable Veterans from unscrupulous fiduciaries that use Veterans’ VA benefit payments for personal gain,” stated David Spilker, Special Agent in Charge at the VA Office of Inspector General (VA OIG). “The defendant abused her position of trust as a VA fiduciary to enrich herself and her mother—siphoning taxpayer dollars intended to support a disabled Veteran’s needs.”

    The U.S. Department of Veterans Affairs Office of Inspector General investigated this case, with assistance from the Russell County Sheriff’s Office and the Russell County Department of Human Resources (DHR) Adult Protective Service. Assistant United States Attorney Stephanie Billingslea and Special Assistant U.S. Attorney Thomas Govan are prosecuting the case.

    Source

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  • North Carolina nurse sentenced for defrauding Veteran with dementia of $90k in benefits

    Justice 063

     

    A nurse from Raeford, North Carolina was sentenced Oct. 15 to more than a year imprisonment and ordered to pay more than $90,000 in restitution after committing wire fraud on the account of an elderly Veteran in her care.

    Tracey McNeill, 51, pled guilty to one count of wire fraud on July 6. The remaining 25 counts of wire fraud and one count of mail fraud were dismissed at her sentencing hearing as a result of a plea agreement.

    According to court documents, McNeill was given access to Veterans Affairs and Office of Personnel Management benefits by fraudulently obtaining a power of attorney over the disabled Veteran.

    The Veteran was only identified by the initials “W.R.” However, it was noted in court documents that the Veteran had served in the Army and worked for the U.S. Postal Service for more than 40 years.

    From April 2015 to February 2016, McNeill funneled the Veteran’s benefits to her personal accounts, according to court documents. This included monthly payments from the VA ranging between $445 to $587 and around $3,065 a month from OPM.

    McNeill’s indictment also accused her of arranging for the Veteran — who had dementia —to move in with her in February 2015. She then had the VA and OPM deposit W.R.’s benefits into her bank account for the next 20 months.

    According to McNeill’s indictment, by the time W.R. passed away Dec. 7, 2016, she had received more than $72,469 in stolen benefits. The Veteran was 68 years old at the time of death from complications stemming from dementia.

    Court documents also show that after the Veteran’s death, McNeill filed beneficiary forms putting herself as the sole beneficiary for what was left of the Veteran’s retirement benefits and life insurance.

    A financial analysis conducted during the prosecution’s investigation showed McNeill spent the stolen funds on rent, utilities, credit card payments and personal purchases.

    OPM sent McNeill $17,533 in life insurance proceeds after subtracting funeral costs.

    McNeill ultimately defrauded the VA and OPM of $90,003, according to the Eastern District of North Carolina’s news release.

    Assistant U.S. Attorney Ethan Ontjes prosecuted the case and U.S. District Judge James C. Dever III oversaw McNeill’s sentencing. Ontjes was not immediately available for comment.

    The Offices of Inspector General from both the VA and OPM assisted in the investigation.

    Source

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  • Norwood Woman Indicted for Stealing Government Benefits

    Justice 044

     

    BOSTON – A Norwood woman was arrested today in connection with fraudulently receiving federal workers’ compensation benefits and disability benefits from the Social Security Administration (SSA).  

    Karen Nolan, 64, was indicted on two counts of theft of public funds and two counts of making false statements. Nolan will make an initial appearance this afternoon before U.S. District Court Magistrate Judge Jennifer Boal.

    According to the charging document, from approximately November 2017 through August 2021, Nolan repeatedly stole federal workers’ compensation benefits, as well as Social Security disability benefits from approximately July 2019 through August 2021. It is alleged that in April 2019, Nolan falsely reported to the SSA that she had not worked since 2017 due to a medical disability but was actively employed at a dermatology practice at the time. It is further alleged that Nolan made similar false statements to the Department of Labor, Office of Workers’ Compensation Programs in May 2021.

    The charges of theft of public funds each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charges of making a false statement each provide for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

    Acting United States Attorney Nathaniel R. Mendell; Christopher Algieri, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; Jermaine Jack, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Kate Mulligan, Chief of Investigations, Insurance Fraud Bureau of Massachusetts, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit is prosecuting the case.

    The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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  • Operation Babylift Veterans receive retroactive benefits through VA help

    Babylift Veterans

     

    VBA and AFHRA employees go above and beyond to help hundreds

    VBA and Air Force Historical Research Agency (AFHRA) researchers recently discovered military records confirming the participation of Air Force personnel who deployed to Vietnam for Operation Babylift.

    Since many Veterans’ personnel files didn’t include participation in this operation, these Veterans could not prove Republic of Vietnam service. The discovery has led to VA awarding retroactive benefits to eligible Operation Babylift participants and survivors.

    EvacuatingSaigon

    Operation Babylift began during the evacuation of Saigon from April to June 1975. Hundreds of Air Force security, police and other service members went on temporary duty (TDY) orders to travel from Clark Air Force Base in the Philippines to Tan Son Nhut, to evacuate US, Vietnamese and other third-country nationals at the end of the Vietnam War.

    Clara Beheler, a VBA Quality Review Specialist at the Roanoke Regional Office, was working a claim for an Air Force Veteran who stated that he was sent TDY to Vietnam in support of these operations. She was unable to verify the Veteran’s participation based on the documents in his personnel file, service treatment records, or through extensive online research.

    Beheler, however, was not deterred. She contacted Barry Spink, a researcher from AFHRA at Maxwell AFB, Ala., to assist her in finding records for this event. After an exhaustive search of archival records that lasted many months, Spink found the records that confirmed participation.

    “I was so excited for all of the Veterans and survivors that I knew would be helped by finding these records,” Beheler said. “Whenever I can find information that places a Veteran in Vietnam, it makes my whole day.”

    Above and beyond

    The TDY orders that Beheler and Spink found didn’t just confirm Vietnam service for the Veteran whose claim she was working, it also confirmed in-country service for hundreds of other Veterans–many of whom had claims previously denied due to a lack of documentation. The list included the names of 296 security forces personnel that supported Saigon airlift operations.

    As a result of the find, VBA was able to grant the first claim. It paid benefits to the 87-year-old surviving spouse who was previously denied Dependency and Indemnity Compensation in 1988. Ironically, the spouse had also participated in Operation Babylift. She lived at Clark AFB at the time and greeted the women and children as they stopped there on their way to the United States.

    Beheler’s team didn’t stop there. With this new-found information, the records research team began examining other similar claims.

    “Finding these records are life changing for so many people,” Beheler said.

    To date, VBA has awarded nearly half a million dollars in retroactive benefits to 16 Veterans or survivors–with more coming in the next few months.

    Source

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  • Owner of Dog Training School Sentenced for Defrauding V.A. of over $1.5 Million in GI Bill Benefits

    Justice 025

     

    A federal judge in San Antonio today sentenced 49-year-old Bradley Lane Croft, owner of Universal K-9, Inc., to 118 months of imprisonment for scheming to defraud the federal government of more than $1.5 million in Veterans Affairs GI Bill benefits to train service canines and their handlers.

    In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Croft pay $1,506,758.31 in restitution and be placed on supervised release for a period of three years after completing his prison term.

    “Today’s sentence demonstrates what can happen to you if you choose to rip off one of the most important benefit programs we have for our Veterans. My thanks goes to the prosecutors and our law enforcement partners who worked so hard to see justice served,” said U.S. Attorney Ashley C. Hoff.

    After a bench trial in November 2019, Judge Ezra found Croft guilty on eight counts of wire fraud, four counts of aggravated identity theft, two counts of money laundering and two counts of making a false tax return. Testimony during trial revealed that beginning in 2015, Croft provided false information in applications to the Texas Veterans Commission, including instructors’ names, certifications and training documents to receive GI Bill educational benefit payments. Croft and others solicited Veterans as students indicating that they could use their GI Bill benefits to pay for a dog handler’s courses that cost between $6,500.00 and $12,000.00.   During the scheme, Universal K-9 filed approximately 185 fraudulent claims relating to the education of about 132 Veterans totaling over $1.5 million.

    “The FBI is committed to working with our partners to protect important federal programs, like the GI Bill, which serves to improve the lives of men women who sacrifice so much to serve our nation,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “Thanks to the hard work of IRS CI, VA-OIG, the U.S. Attorney’s Office and the lead FBI investigator, a task force officer with the Texas Department of Public Safety, Croft’s fraud scheme and his betrayal of Veterans has ended.”

    Trial testimony also revealed that Croft submitted fraudulent income tax returns showing his 2016 reported income as $2,000 and his reported income as $2,000 for 2017. Evidence showed that Croft actually received substantially more income than what he reported to the IRS in 2016 and 2017.

    “Defrauding programs such as the GI Bill, is particularly disturbing and a slap in the face to all the U.S. Service men and women who count on these programs to help improve their futures. Today’s stiff sentencing of Bradley Lane Croft, owner of Universal K-9, Inc., shows once again how harmful ‘white collar’ fraud can be,” said IRS Criminal Investigation (IRS CI) Special Agent in Charge Rick Goss, of the Houston Field Office. “IRS CI is proud to have worked with our FBI and VA-OIG counterparts to investigate and ultimately bring down Mr. Croft’s illicit scheme involving wire fraud, aggravated identify theft, money laundering, and the filing of false Federal Income tax returns.”

    Judge Ezra also ordered Croft to forfeit: his San Antonio business property; approximately $239,825.73 seized from his bank accounts; approximately $4,372 seized on site at Universal K-9; a 2017 American Eagle 45T Motorhome (valued at over $450,000); a 2018 Ford F-150 King Ranch Lariat; a 2017 Dodge Ram 1500 Laramie; a 2016 Yamaha Superjet Ski; a 2008 Yamaha Waverunner Jet ski; and a 2012 Rocket International Trailer. Judge Ezra also granted the government’s motion for a money judgment in the amount of $1.3 million.

    “The Post-911 GI Bill program provides critical educational and job benefits to Veterans who served their country. This sentence sends a strong message that anyone who defrauds that program or Veteran students will be held accountable in a court of law,” said U.S. Department of Veterans Affairs Office of Inspector General (VA-OIG) Special Agent in Charge Jeffrey Breen, South Central Field Office. “VA-OIG thanks the U.S. Attorney’s Office, the FBI, and IRS CI for collaborating on this important case to achieve justice.”

    On August 8, 2018, federal authorities executed a search warrant at Croft’s business in San Antonio. A total of 26 canines at the business were placed into the custody of the city’s Animal Care Services.

    Croft has remained in federal custody since the verdict.    

    The FBI, VA-OIG and IRS CI investigated this case. Assistant U.S. Attorneys Gregory J. Surovic and Fidel Esparza III prosecuted this case.

    Source

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  • Owner of Local Technical Training School Sentenced for Defrauding the VA out of almost $30 Million in G.I. Bill Education Benefits

    Justice 024

     

    Assistant U. S. Attorney Michelle L. Wasserman (619) 546-8431

    SAN DIEGO – Nimesh Shah, owner of Blue Star Learning, a technical training school in San Diego, was sentenced in federal court today to 45 months in custody as a result of a multi-year scheme that defrauded the Department of Veterans Affairs out of almost $30 million in Post-9/11 G.I. Bill benefits.

    As laid out in Shah’s plea agreement and court documents, Shah took extraordinary efforts to deceive regulators from the Department of Veterans Affairs (VA) to ensure the school continued to receive VA funds. Shah provided the VA with false documents, invented fake students and created fake student files. He provided spreadsheets with false employment information and fraudulent contact information for purported graduates of the school and their made up employers. He purchased cellular telephones so that he and his employees could field VA regulator calls to purported employers of school graduates, and hired individuals overseas to pretend to be satisfied Blue Star Learning students in response to VA regulator emails. As laid out in court records, Shah’s scheme appears to be one of the largest Post-9/11 G.I. Bill fraud cases that has been prosecuted around the country.

    Shah was also ordered to forfeit $3,076,361.77 and to pay the VA $29,350,999 in restitution. Shah’s wife Nidhi Shah, who was the vice president and director of education at the school, was sentenced to two years of probation as a result of lying to investigators in the course of the investigation into the school.

    The Post-9/11 G.I. Bill provides Veterans and other eligible individuals educational assistance, including tuition, housing costs, and other educational costs and fees. The VA pays tuition and fees directly to the school where the Veteran is enrolled, and if the Veteran is enrolled on more than a half time basis, the VA additionally provides a monthly housing allowance directly to the Veteran, as well as money for books, supplies, equipment and other educational expenses. In October 2011, the VA began paying Post-9/11 G.I. Bill benefits for individuals pursuing non-institute of higher learning, non-degree programs, including non-accredited, non-college degree schools like Blue Star Learning.

    In order to receive funds from the VA under the Post-9/11 G.I. Bill, Blue Star Learning was required to have at least 15 percent non-Veterans for each course for which the VA was paying educational benefits - a rule called the “85/15 Rule.” As laid out in court records, the “85/15 Rule” is designed to minimize the risk that Veterans’ benefits are wasted on educational programs of little value and to ensure that the cost of a course is acceptable and paid on the open market by non-Veterans. As part of its yearly accreditation process, Blue Star Learning was also required to provide vocational attainment data for graduates of the school to VA regulators that corroborated employment statistics posted on the Blue Star website. This data was requested to ensure that individuals attending the school were getting jobs in the fields in which they were receiving training, as a measure of quality.

    As part of his multi-year fraud scheme, between March 2016 and June 2019, Shah lied to the VA about the percentage of non-Veteran students at the school, and made up fake non-Veteran students – when in fact nearly all of their business came from Veteran students. He also created spreadsheets of fraudulent employment data, including false emails, phone numbers, jobs and employers to support made-up graduate employment data. And he falsely claimed that all of the students at the school were enrolled full-time. Shah’s lies ensured that Blue Star Learning received millions of dollars in VA education benefits that the school was not entitled to.

    Blue Star Learning, which charged up to $20,560 per course, had close to 100% Veteran students. Shah nonetheless repeatedly misrepresented to the California State Approving Agency for Veterans Education (“CSAAVE”) and the VA that Blue Star Learning was in compliance with the “85/15 Rule.” Shah took extraordinary efforts to deceive VA regulators regarding non-Veteran students at the school, including creating fake enrollment agreements and student files for the purported non-Veterans in each program. Shah emailed the VA 48 fraudulent enrollment agreements for fictitious people he represented were non-Veteran students at Blue Star Learning, complete with fraudulent dates of birth, social security numbers, addresses, phone numbers and emails for each fraudulent non-Veteran student.

    Shah knew that the vast majority of Blue Star Learning graduates did not obtain jobs in the fields in which they were purportedly receiving training, and that the employment statistics on Blue Star Learning’s website were false. Shah nonetheless submitted fraudulent spreadsheets to CSAAVE claiming that all of the Blue Star Learning students listed were employed in the informational technology field. On these spreadsheets, Shah provided fraudulent phone numbers, email addresses, employers, and employer contact information for each student. Shah then took his fraud a step further: Because he knew CSAAVE could contact the students/employers to verify the data submitted, Shah hired individuals to create the fraudulent email addresses for the Blue Star Learning students, and directed these individuals, who resided overseas, to answer emails received at the fraudulent email addresses pretending to be satisfied Blue Star Learning graduates working in the information technology field. Shah additionally created 30 fictitious companies that he listed as the employers on the fraudulent spreadsheets, and hired individuals to create fraudulent email addresses and domain names for each fictitious company. Shah directed a Blue Star Learning employee to purchase 30 cellular telephones, one for each fictitious employer, and had employees of Blue Star Learning create voicemail greetings on each cellular telephone so that it would appear that the fraudulent businesses were legitimate if CSAAVE called to check.

    “This was an extraordinary fraud in terms of the elaborate deception, the years-long duration and the amount of money involved,” said U.S. Attorney Robert Brewer. “This defendant knowingly violated the rules to enrich himself, and for that he will go to prison.” Brewer commended prosecutor Michelle Wasserman and agents from the Department of Veterans Affairs Office of Inspector General and Federal Bureau of Investigation for excellent work on this case.

    “The FBI worked with our partners at the VA-OIG to investigate this elaborate fraud scheme resulting in a loss of over $29 million dollars,” said FBI Special Agent in Charge Suzanne Turner. “Fraud affecting educational benefits meant for our military Veterans will not be tolerated. Today, justice was served against the Shahs, the owners of Blue Star Learning, who put greed and deceit above the men and women of our U.S. military.”

    Rebeccalynn Staples, Special Agent-in-Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Western Field Office, stated, “This case demonstrates VA OIG’s commitment to aggressively pursuing individuals and schools who seek to exploit the education benefits earned by Veterans. VA OIG will continue to protect the integrity of the VA education benefits program by identifying unscrupulous schools who take advantage of Veteran students. VA OIG urges anyone with knowledge of possible fraud against VA to contact the VA OIG Hotline Division at 1-800-488-8244.”

    As a result of Shah’s fraud, the VA issued over $11 million in tuition payments to Blue Star Learning, and over $18 million in housing allowances and stipends. In total, as a result of Shah’s fraud, the VA lost $29,350,999.

    DEFENDANT                                              Case Number 19CR4551-JAH; 19CR4550-JAH

    Nimesh Shah                                       Age: 37                                   San Diego, CA

    Nidhi Shah                                         Age: 35                                  San Diego, CA

    SUMMARY OF CHARGES

    Nimesh Shah: Wire Fraud – Title 18, U.S.C., Section 1343

    Maximum penalty: Twenty years in prison and $250,000 fine

    Nidhi Shah: False Statement – Title 18 U.S.C., Section 1001

    Maximum penalty: Five years in prison and $250,000 fine

    AGENCY

    Department of Veterans Affairs Office of Inspector General

    Federal Bureau of Investigation

    Source

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  • Pennsylvania man gets 1 day in prison for stealing brother’s VA benefits

    1 Day in Prison

     

    A New Kensington man will spend one day behind bars for stealing more than $130,000 of his older brother’s Veterans benefits to buy himself luxury items — including a diamond ring, GMC Sierra pickup truck and Harley Davidson motorcycle.

    Andrew Ziacik, 57, also must pay $75,000 in restitution to his brother and a $4,000 fine to the court, a federal judge ruled Monday at a hearing in Pittsburgh, Acting U.S. Attorney Stephen R. Kaufman said.

    When Ziacik was indicted by a federal grand jury on the single charge in October 2020, then-Attorney U.S. Scott Brady said that Ziacik could have faced up to five years in prison and a fine up to $250,000.

    Ziacik pleaded guilty in June to a charge of misappropriation of U.S. Department of Veterans Affairs beneficiary funds, court records show.

    Between 2013 and 2017, Ziacik was the federal-appointed fiduciary for his older brother, who qualifies for VA cash benefits for a military service-related disability, court records show.

    Ziacik’ job was to receive the money and ensure all of his brother’s debts were paid.

    Instead, Ziacik used his brother’s VA account as a personal slush fund.

    During his June 2 plea hearing, the defendant admitted to violating the terms of his fiduciary role by misspending his brother’s VA money over the four-year period for personal benefit, including on the likes of jewelry and vehicles. He transferred about $135,000 of his brother’s benefit money to personal accounts and made at least $25,000 in unauthorized ATM cash withdrawals, according to prosecutors.

    Investigators with the VA’s Office of Inspector General flagged the misspending and lack of record-keeping.

    Veterans Affairs officials first initiated a formal accounting investigation into the funds that Ziacik controlled on behalf of his brother in August 2016, and Ziacik did not provide the requested records nor receipts.

    Judge J. Nicholas Ranjan also ordered Ziacik to spend three years on probation following the one-day prison sentence.

    Assistant U.S. Attorney Eric G. Olshan prosecuted the case.

    Source

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  • Post-9/11 Vets exposed to toxic burn pits would get expanded benefits under Moran bill

    Toxic Burn Pits

     

    Kansas Sen. Jerry Moran is pushing for legislation that would expand medical benefits for post-9/11 Veterans suffering from health problems related to working with toxic burn pits.

    A bill he co-sponsored with Montana Sen. Jon Tester was introduced this week and passed through the Senate Veterans Affairs Committee on Wednesday, as Congress tries to chart a path to help an estimated 3.5 million post-9/11 Veterans who may have been exposed to toxic burn pits.

    The open-air burning of trash and other waste like chemicals, human waste, munitions, petroleum and plastics in pits was common in Iraq, Afghanistan and other parts of Southwest Asia where troops served, according to the Department of Veterans Affairs.

    “Post-9/11 Veterans are the newest generation of American heroes to suffer from toxic exposures encountered during military service,” Moran said. “The Health Care for Burn Pit Veterans Act is an important first step to make certain our Veterans receive the care they need as a result of their service.”

    Moran and Tester said their bill is part of a three pronged approach to expand benefits for Veterans. It gives those who served after 9/11 an additional five years of health care eligibility after they are discharged and an extra year of open enrollment for people who have been discharged for more than 10 years.

    It would also require the VA to establish screening procedures for burn pit exposure and symptoms and establish an outreach program for Veterans who might have missed the window for eligibility.

    “As more and more Veterans report alarming rates of toxic exposure related illnesses, one thing is abundantly clear: without action, post-9/11 Veterans will suffer as Vietnam Veterans have,” Tester said. “And every year more toxic exposure Veterans will pay the ultimate price while waiting for the treatment that they need.”

    The Senate bill is a pared down version of an earlier bill introduced in the House of Representatives that would provide benefits to all Veterans, not just those who served after 9/11. According to the Congressional Budget Office, the House bill would cost more than $300 billion.

    Moran and Tester said the bill they proposed, which they said would cost a little under $1 billion, is the bill that they believe has enough votes to pass the Senate. It had unanimous support from the Veterans Affairs Committee.

    The Senate bill is the first in what Moran and Tester described as a set of three measures that will include a new process for the VA to add conditions presumed to have come from exposure (the VA added asthma, rhinitus and sinusitus in May).

    Tester said the pared down approach is necessary in order to get the bill through the Senate.

    “The goal here is to get this thing done by the end of this Congress,” Tester said. “The question becomes how you get done. And I think this is the best way to get this through the Senate and that’s why we’re proceeding this way.”

    While the bill made it out of committee, it will still have to pass the full Senate and the House of Representatives. Because the House Committee of Veterans Affairs already passed a different bill, there will likely be negotiation between the House and the Senate on how to move forward.

    “We have ongoing conversations with the Chairman, Ranking Member and members of the committee that will continue,” Moran said. “I would guess that legislation will pass Congress. And it’s the kind of legislation that will be able to be supported in a bipartisan way and signed by the President.”

    Source

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  • Proving asbestos exposure in military service in a DIC appeal

    Gold Star 02

     

    This case involves the failure of the Board of Veterans Appeals to address all evidence related to the Veteran’s possible exposure to asbestos in military service when it denied service connection for the cause of the Veteran’s death.

    Our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (CAVC).

    The appeal was resolved through a joint motion for remand: the government attorney agreed with Alexandra Curran’s arguments that the Board failed to address all relevant evidence of in-service asbestos exposure.

    ISSUE ON APPEAL TO THE CAVC:

    This appeal involved the BVA's failure to address all relevant evidence as it related to the Veteran’s cause of death.

    Based on an alleged lack of evidence and the Veteran’s military occupational specialty, the Board determined that the Veteran did not establish in-service exposure to asbestos in his VA claim.

    As a result, the BVA denied service connection of the cause of the Veteran's death, preventing his surviving spouse from receiving disability compensation in the form of Dependency and Indemnity Compensation (DIC). DIC and accrued benefits are two of the most common benefits sought by a Veteran's surviving spouse, but they are certainly not the only such benefits.

    Service connection for cause of death may be granted if a service-connected condition was either the principal or contributory cause of the Veteran's death.

    A principal cause of death means that the service-connected condition was the immediate or underlying cause of the death. A contributory cause of death means that the condition contributed materially or substantially to the death or aided in the death.

    The Veteran’s death was caused by chronic obstructive pulmonary disease (COPD), lung cancer and brain cancer. His surviving spouse sought service connection for the cause of his death due to in-service asbestos exposure.

    While most cases involving asbestos exposure in military service involve navy Veterans, Veterans from other branches of the military were exposed to asbestos.

    The Board held that the Veteran was not exposed to asbestos in military service, explaining that the Veteran’s wife did not have personal knowledge of the exposure and relying on his military occupational specialty of truck driver.

    However, the Board failed to address three pieces of important evidence: 1) his wife’s statement that her husband talked about performing repair work on the trucks he drove while in the military; 2) the Veteran’s DD 214 that listed auto mechanic training; and 3) an article explaining reasons for high risk of asbestos exposure in the automotive industry.

    Ms. Curran argued that the BVA erred in failing to address this evidence regarding possible exposure to asbestos.  

    RESOLUTION AT THE CAVC:

    The Secretary agreed that the Board of Veterans Appeals erred when it provided an inadequate statement of reasons or bases to support its determination that the Veteran was not exposed to asbestos in military service, since the BVA did not address all the evidence of record related to his possible in-service exposure.

    The parties identified at least 3 pieces of evidence that related to the Veteran's possible exposure to asbestos in military service, and (among other things) directed the BVA to address that evidence on remand.

    The Veteran and the VA’s Office of General Counsel filed a joint motion to vacate and remand the appeal back to the Board to fix its errors.

    If the BVA decision in this case sounds like yours, or if you have a BVA decision that involves clear and unmistakeable error, reach out to the law firm of Attig | Steel.

    Click here to submit your BVA decision and one of our attorneys will see if there is anything we can do to help.

    Link to the BVA Decision on CAVC Website.

    Link to the Joint Motion to Remand the CAVC Website.

    Case Details

    OGC Attorney: Sarah Catherine Blackadar (link to attorney bio on LinkedIn)

    Veteran Representation at CAVC: Alexandra Curran (link to bio)

    Board of Veterans Appeals Veterans Law Judge: K. Parakkal

    Vet's Rep at BVA: pro-se

    Date of BVA Decision: June 21, 2018

    Date of CAVC Judgment on Remand: May 10, 2019

    Source

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  • Proving Service Connection Without Service Treatment Records

    Proving Service

     

    Many Veterans have illnesses or injuries that occurred while they were active duty but there are no records of the illness or injury. There can be many reasons; records get lost, the Veteran was treated at civilian medical installation and the records have been destroyed; the Veteran didn’t get treatment because they were worried, they might get medically discharged due to the illness or injury. Whatever the reason, just because there are no records does not always mean that the Department of Veterans Affairs won’t grant service connection. Here, we will cover how to prove a service-connected disability, and obtain VA disability benefits, without service treatment records.

    What is Service Connection?

    When a Veteran files for disability compensation, there are several types of claims the Veteran can file; direct service-connected; service-connection through aggravation, presumptive service-connection, secondary service-connection, and service connection for injuries caused by the VA Health System. These different types of service connection are explained in detail in our blog What is VA Service Connection and Establishing Service Connection and the VA. Basically what service connection means is exactly what it says, the injury or illness was connected to the active-duty military service. Now, that does not mean that the Veteran is limited to being harmed in combat or training. It also included any injury or illness experienced during the time the Veteran was Active Duty as long as the injury was not due to willful misconduct. They may also include diseases or injuries that occur after service but are secondary to an illness or injury that did occur in service (secondary condition).

    If a Veteran qualifies for presumptive service connection, they won’t need to present the same evidence as those filing for other types of service connection to receive Veteran’s disability benefits. This is because the Veteran meets certain eligibility requirements. For example, Vietnam Veterans who served in specific locations during a specific timeframe are presumed to have been exposed to Agent Orange. If they’re living with one of the conditions presumed to be connected to this chemical exposure, they are automatically eligible for benefits. Gulf War Veterans have a similar set of presumptive conditions.

    Evidence: Proving an In Service Injury or Illness

    Every disability claim filed with the VA must have some type of evidence to corroborate the claim. Evidence requirements vary based on the type of claim and the issue being claimed. For an average claim, one without presumption or an injury caused by combat or being a POW, there are usually specific types of evidence a Veteran needs to show service connection.

    1. The onset of the illness or an injury documented during active-duty service;
    2. Treatment records that are relatively consistent between the time of illness or injury and the date of the claim; and
    3. Records showing a current diagnosis of the illness or injury residual and how they cause disability, even if it is just pain or having to change something such as diet or lifestyle, adding weight gainers for people underweight and so on.

    Sometimes, there are no records of treatment in service to serve as medical evidence. There are many reasons why, but one of the main reasons is that active-duty military members do not want to go to the doctor for fear of being medically discharged for a medical condition that is potentially going to limit them from doing their job. They will just put up with it until they retire or get out, then they will see a doctor. Several other reasons are that the records were destroyed, were not even kept (often this happens in the field such as deployed training exercises, survival training, or in combat situations, anywhere there is no official military medical installation).

    The VA has a “duty to assist” by law. The law, the Veteran’s Claims Assistance Act (VCAA) defines the VA’s role and responsibilities in assisting Veterans in developing their claims by attempting to obtain evidence from Federal agencies and providing a VA medical exam or a medical opinion if deemed necessary.

    Lay Evidence

    Again, what if they don’t exist? This is where another type of evidence comes into play. Lay evidence is evidence that does not come from professional sources like health care providers. Rather, it comes from individuals like fellow service members, family members, and even coworkers. These are individuals who can speak about the in-service event and/or the effects of the current disability.

    Getting people who knew the Veteran while in service who can attest to the condition of their health (no medical diagnosis, but personal observations), or who can recollect and corroborate an injury or event that caused an injury can also serve as evidence. Lay evidence must meet certain criteria to be considered by the VA. It must be credible and competent. This means that it must be believable and fit with any other evidence that is provided such as current medical records. If a fellow troop makes a buddy statement saying a Weteran, he served with broke his leg on a hike during training. However, the current X-rays do not show evidence of an old fracture. Therefore, that would not be a credible statement because the current evidence disputes the lay statement. If a mother makes a statement that her Veteran son, who was on a ship, had bronchitis. That would not be a competent statement as she is not a medical professional who can access the Veteran to make a diagnosis. What they can provide is a statement that the first Veteran hurt his leg when he fell and the second Veteran was coughing a lot. Only professionally licensed personnel can make a diagnosis. Moreover, exaggerations of events will only serve to ruin the credibility of any other evidence that person submits on the Veteran’s behalf, no matter how true it is.

    Other Avenues of Research

    Another way is to find other incidents that can show a probability that an injury or illness occurred. Deck logs, installation newspaper articles, Veteran newsgroups, ship yearbooks, and various other researchable places exist where evidence can be sought out. Proving that someone was injured in a car accident when the records were destroyed is much easier if something like an accident report, car insurance claim, or article in the paper can be found. Having a representative to assist with the claim can also help provide Veterans with researchers who can try to find that evidence to prove the claim. It does not always work, the road is not always smooth and straight, but if you do not try, the answer will always be no.

    Have Questions About Your VA Benefits?

    If you’re looking to prove a service-connected disability without service records, the team at Hill & Ponton is here to help. Our law firm is committed to helping disabled Veterans and their family members obtain VA disability compensation. If your VA disability claim was denied, our attorneys are available to support and represent you. Contact us today for a free case evaluation.

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  • Quick Start Guide for Modernized Veteran Appeals Decision Review now available

    Quick Start Guide

     

    The VA Appeals Modernization Decision Review Quick Start Guide (QSG) provides clear and concise information for the next steps a Veteran can take when they disagree with the decision VA made on their disability compensation claim. Appeals Modernization offers Veterans more choice, clarity and control over the decision review process and helps them seek faster resolution of their disagreement.

    DOWNLOAD

    VA implemented The Veterans Appeals Improvement and Modernization Act of 2017 on February 19, 2019. As a result, Appeals Modernization transformed VA’s complex “legacy” appeals process.

    Appeals Modernization benefits Veterans who disagree with the decision VA made on their compensation claims. Since February 19, 2019, Veterans have had a choice of three lanes for a review of the original VA decision. Previously, when a Veteran disagreed with a VA claim decision, the Veteran had to “appeal” the decision. That “legacy” appeals process was complex, inefficient, and often led to a lengthy wait for a second decision.

    The new Quick Start Guide helps Veterans understand the new review lanes: supplemental claim, higher-level review, or direct appeal to the Board of Veterans’ Appeals.

    The VA Appeals Modernization Decision Review guide covers:

    • Understanding the three lanes of review
    • How to start the new review process
    • How to get additional help with the review processes
    • Checking the status of a claim or appeal
    • Contact information, how to get forms, and other potential questions

    The guide helps Veterans understand the options and how to pursue the decision review lane that best suits their needs.

    “We hope that the availability of this Quick Start Guide helps Veterans understand how to get started with the modernized process,” said Chairman of the Board of Veterans’ Appeals Cheryl Mason. “Clear information about the options available to submit a disagreement with a VA decision will enable our Nation’s Veterans to receive the benefits they deserve.”

    More Information

    For more information about VA’s implementation of the Veterans Appeals Improvement and Modernization Act or to access the applicable forms, go to: www.benefits.va.gov/benefits/appeals.asp and follow the instructions for submission.

    Additional Quick Start Guides

    Veterans can find additional VA Quick Start Guides on a variety of topics. Those include: VA Mental Health Services, VA Burial Services, community and urgent care; applying for disability compensation, education benefits, and caregiver and survivor benefits. Those guides can be downloaded here.

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  • Ruling on major GI Bill benefits case won’t come in time for fall classes

    GI Bill Benefits Case

     

    Student veterans hoping for resolution in a court case which could open an extra year of GI Bill education benefits to hundreds of thousands of individuals won’t get any resolution before the start of the fall semester.

    But may see some legal progress in time for the spring.

    The case — Rudisill v. Wilkie, pending before the U.S. Court of Appeals for the Federal Circuit — has gained the attention of numerous education and veterans advocacy groups in recent months due to its potential impact on veterans education benefits.

    Last year, a lower appeals court ruled that the Department of Veterans Affairs’ practice of requiring veterans to give up their Montgomery GI Bill eligibility to receive Post-9/11 GI Bill payouts was improper.

    That means that veterans who use up their 36 months of Post-9/11 GI Bill education benefits should still have access to 12 months of Montgomery GI Bill benefits if they paid into the program while they were serving. Under existing federal statute, any government higher education payouts are capped at 48 months.

    Department of Veterans Affairs officials appealed that ruling earlier this year, and are scheduled to file additional motions early next week. After that, court officials are expected to schedule oral arguments in late August or September.

    That pushes any resolution of the case later into the fall, well after classes for the upcoming semester have already begun.

    Attorneys for the plaintiff had pushed for a quicker timeline, but with no success. Hunton Andrews Kurth Associate Tim McHugh, an Army veteran and co-counsel on the case, said he is optimistic a final decision by the federal circuit court could come before the end of the year.

    In recent weeks, a pair of veterans advocates — National Veterans Legal Services Program and Veterans Education Success — filed briefs of support in the case, arguing the more generous interpretation of GI Bill payouts should be upheld based on past congressional intent and court precedents.

    “The court should turn to the pro-veteran canon and adopt the interpretation that furthers Congress’s purpose of providing more generous education benefits to veterans,” they wrote.

    David DePippo, senior counsel for Dominion Energy Services and co-counsel on the case, called their support “a big deal” in furthering the argument.

    “These are two groups that are big players in this area,” he said. “They really have moved the ball in terms of veterans benefits in the past. So to have them take a look at this and sign on is significant.”

    VA’s opposition stems from an argument that the use of both benefits programs amounts to “double-dipping” for veterans, and the potential extra costs of tens of billions of dollars in new education payouts in coming years.

    Under current rules, the Post-9/11 GI Bill provides 36 months of tuition assistance and living stipends to veterans (or their family members) who served at least three years on active-duty after Sept. 10, 2001. The total value of those payouts can top $20,000 a year, depending on where individuals attend school.

    That benefit was finalized in 2010 and largely replaced the Montgomery GI Bill, which requires servicemembers to pay $1,200 in their first year after enlisting to be eligible for payouts after separation from the service. Individuals who used that education program last semester received payouts of about $2,000 a month.

    The federal circuit court’s decision can be appealed to the Supreme Court, a process that could take several more years to complete.

    In the meantime, VA officials have declined to recognize the lower court ruling and start awarding the extra GI Bill benefits to eligible veterans. McHugh said his legal team believes that represents a serious violation of federal rules, but enforcement of the issue would likely require a secondary lawsuit to force the issue.

    Source

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  • S. 1360—the PFAS Exposure Assessment and Documentation Act

    Take Action

     

    Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are man-made chemicals that do not break down in the environment and can be found in fire-fighting foam. In the 1970s, the Department of Defense (DOD) began using these foams to fight fuel fires.

    The release of these chemicals into the environment during training and emergency responses is a major source of PFAS contamination of ground water on military bases. According to DOD data, more than 700 U.S. military sites are known or likely to have discharged PFAS. PFAS exposure has been related to several diseases including increased risk for kidney cancer, breast cancer, testicular cancer and liver cancer.

    The VA does not concede PFAS exposure to those who served at any location, nor have related any diseases to the exposure. This requires veterans seeking VA disability claims for illnesses or diseases related to those exposures to prove their individual PFAS exposure and the relationship to the illness.

    1360 would require DOD to provide periodic health assessments of those service members exposed, known to or suspected to be exposed. Additionally, the legislation would require DOD and VA to enter into an agreement to share the exposure and health assessments.

    DAV supports the PFAS Exposure Assessment and Documentation Act, in accordance with DAV Resolution No. 072. The bill would require documentation of the exposure and sharing of the information with VA. This will assist veterans in establishing their exposure and related disability claims.

    Please take action today. Contact your Senators to co-sponsor S. 1360 to ensure documentation of PFAS exposure while on active duty. Thank you for your support.

    TAKE ACTION

  • Scams targeting Veterans’ pensions, benefits raise worry among VA officials

    Scams Targeting Vets

     

    Veterans Affairs officials are warning about an uptick in scam attempts targeting Veterans’ pensions that could result in serious financial problems for elderly or infirm individuals.

    “Fraudsters are getting smarter, more deliberate and more engaged. They’re getting better,” said Charles Tapp II, chief financial officer for the Veterans Benefits Administration.

    “We are seeing a lot more instances where Veterans — particularly seniors — are getting fraudulent calls … So we certainly are making our senior Veterans more aware about pension poaching.”

    Earlier this year, the Federal Trade Commission reported that about 2.8 million Americans filed fraud complaints in 2021, the most on record. The agency estimated that consumers lost more than $5.8 billion to scams last year.

    VA officials said older Veterans with military pensions or other regular department payouts can be attractive targets for would-be-thieves.

    Pension theft can occur when an outside party — a stranger or someone known to a Veteran, such as a caregiver — convinces Veterans to shift their payouts to a new bank account or a separate financial product (annuities or trusts, for example), preventing them from accessing the money.

    Tapp said when Veterans’ bank accounts are changed without explanation, it triggers an internal check within VA to ensure that fraud is not occurring. But other theft schemes are more difficult to detect, and may only be corrected after months of malfeasance have already occurred.

    In a series of recent outreach efforts, department officials are reminding Veterans that VA does not charge to process applications for benefits and services, and it is against the law for an outside group or attorney to charge claimants for preparing benefits applications.

    “No one can guarantee that the VA will award you a benefit or service, not even someone who is VA accredited,” a department fact sheet on pension poaching states. “Only the VA can determine eligibility and award benefits and services.”

    Source

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  • Secondary Disorders Due to New Immunotherapy?

    Autoimmunotherapy

     

    A Cure with a Kick: Secondary Autoimmune Disorders to New Cancer Therapy

    Immunotherapy is a relatively new treatment for cancers such as Hodgkin’s lymphoma, small cell lung cancer, and other hard to treat cancers and has some wonderful results. The basic theory is that immunotherapy prompts the body’s own immune system to attack cancer cells. However, some people are developing new autoimmune disorders due to immunotherapy treatment.

    About 1% of people treated with immunotherapy developed a rare, adult-onset of Type 1 diabetes. Unfortunately, the condition is often misdiagnosed as Type II and attributed to other issues in many adults. Currently, most people who have a comorbid autoimmune disorder and cancer are not eligible for immunotherapy treatment because of the fear that it will worsen their autoimmune disorder; however, the benefits may outweigh the risks.

    What Is Immunotherapy?

    It’s important to understand the function of immunotherapy before diving into the potential side effects. As mentioned above, this cancer treatment works by boosting the body’s immune system. The immune system can then attack the cancer cells. There are several types of immunotherapy, including:

    • Checkpoint inhibitors: During this type of immunotherapy, drugs are administered to help the immune system recognize the cancer cells. The immune system can then attack the cancer cells.
    • Chimeric antigen receptor (CAR) T-cell therapy: This therapy involves t-cells taken directly from the cancer patient’s blood. The medical professional then mixes these existing cells with a virus that causes the t-cells to attack the cancer cells. They then inject the car-t therapy mixture into the patient.
    • Cancer vaccines: Some types of immunotherapy are administered as a vaccine.
    • Monoclonal antibodies: Also called mAbs or MoAbs, these antibodies are synthetic versions of immune proteins. The proteins are designed to specifically attack cancer cells.

    Other types of immunotherapy include cytokines, immunomodulators, and oncolytic viruses. All of these treatment options are designed to either boost the body’s natural immunity or simulate the immune system. The FDA has approved immunotherapy as a treatment for a number of cancer types, including bladder cancer, breast cancer, and prostate cancer. Immunotherapy drugs may be an effective alternative to traditional treatments like chemotherapy and radiation therapy.

    Immunotherapy Side Effects

    While immunotherapy treatments attack cancer cells, they may also harm healthy cells. This can cause a number of side effects. The most common side effects of immunotherapy include flu-like symptoms and skin reactions. Treatment can cause cancer patients to experience fever, fatigue, chills, muscle weakness, vomiting, nausea, body aches. Along with these flu-like symptoms, they may also have high or low blood pressure. Skin reactions may include dryness, redness, blisters, and sensitivity to sunlight. Other side effects may include:

    • Headaches
    • Weight gain (fluid retention)
    • Leg swelling
    • Sinus congestion
    • Shortness of breath
    • Cough
    • Hormone changes (such as hypothyroidism)

    It’s important that cancer patients keep their oncologist updated about any immunotherapy side effects. A cancer care team can help with immunotherapy side effects management.

    Immunotherapy And Autoimmune Diseases

    Recent clinical trials are studying the safety of cancer immunotherapy treatment in individuals with autoimmune diseases. Autoimmune diseases are conditions in which the body’s immune system attacks healthy cells. These are diseases like type 1 diabetes, celiac disease, multiple sclerosis, and rheumatoid arthritis. Oncologists have had concerns about this type of cancer care for patients with autoimmune diseases, as people with these conditions already have overactive immune systems.

    If a cancer patient doesn’t have an autoimmune disease, the development of such diseases can be among the serious side effects of treatment. Veterans who may have developed an autoimmune disease from immunotherapy cancer treatment may be eligible for benefits based on their condition.

    How Does Immunotherapy Affect Veterans?

    Hundreds of thousands of Veterans are service-connected for cancers of all types. If a Veteran is service-connected for cancer and has immunotherapy treatment, then develops an autoimmune disorder, normally no one would associate the two and the VA would deny the claim, if there was a claim even filed. Most autoimmune disorders are not service-connectable unless they developed in service or within one year of discharge (7 years in the case of Multiple Sclerosis). However, this changes the ball game. These claims would now be secondary disorders to the current service-connected cancer.

    How to File a Claim for Autoimmune Disorders after Cancer Treatment

    If a Veteran has gone through immunotherapy treatment and later developed an autoimmune disorder, there are certain documents that are required to file a claim.

    1. Documentation of immunotherapy treatment from an oncologist or healthcare provide=, preferably including the specific medications used in treatment;
    1. How often the Veteran was treated with immunotherapy treatment (schedule of treatment);
    1. What type of cancer was being treated (it must be service-connected cancer); and
    1. Diagnosis of an autoimmune disorder that developed after treatment.

    What Autoimmune Disorders are Connected to Immunotherapy side effects?

    Even if the cancer is in remission, if a Veteran acquires Type 1 diabetes or systemic sclerosis from immunotherapy treatment, that could lead to an increased rating based on the severity of the disorder. Some potential autoimmune disorders linked to immunotherapy include:

    1. Type 1 diabetes;
    2. Dermatomyositis;
    3. Systemic sclerosis;
    4. Rheumatoid arthritis;
    5. Sjogren’s syndrome;
    6. Lupus;
    7. Multiple Sclerosis;
    8. Pneumonitis (inflamed lungs);
    9. Colitis; and
    10. Uveitis (inflamed eyes).

    Some of these are symptoms to an autoimmune system gone awry and can be treated and others are permanent conditions. Regardless, if a Veteran who has undergone immunotherapy treatment is diagnosed with any autoimmune disorder, filing a claim for secondary service connection is warranted.

    Source

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  • South Dakota Veteran Jerry Somsen denied benefits after exposure to toxic burn pits

    Jerry Somsen

     

    When President Joe Biden mentioned the term “burn pits” while discussing health benefits for military Veterans during his State of the Union address March 1, many Americans heard of the issue for the first time.

    Congress is crafting legislation to assist post-9/11 combat Veterans exposed to toxic smoke from burn pits that contractors used to dispose of human waste, chemicals, munitions and other hazardous materials in Iraq and Afghanistan.

    For Jerry Somsen of Webster, South Dakota, who grew up dreaming of being a soldier, and who helped command a South Dakota Army National Guard battalion during Operation Iraqi Freedom, Biden’s words were merely a reminder that the wounds of war can linger, even when their origin is unclear.

    The 54-year-old insurance executive started experiencing tremors in his hands a few years after returning from southern Iraq in 2005. The shaking soon spread to both sides of his body and down his legs. Last year, a doctor diagnosed Somsen with Parkinson’s disease, a progressive nervous system disorder, though Somsen has no family history with the disease.

    Sitting at his dining room table on a recent evening with his wife Kari, a lawyer who works in Groton, Somsen’s hands shook noticeably as he recounted the neurological tests and other medical appointments that so far have not led to any disability coverage for his illness from the U.S. Department of Veteran Affairs, which only recognizes certain conditions as linked to burn pit exposure.

    “I didn’t have this when I went over there, and I came out knowing something was wrong,” said Somsen, a Castlewood native and South Dakota State graduate who retired after 23 years of National Guard service in 2009. “I guess you could say we signed up for it, but we didn’t sign up to not be protected once we got back.”

    Somsen is one of 16 South Dakotans on a confidential registry of Veterans self-reporting symptoms of burn pit exposure, ranging in severity from nasal congestion to lung cancer. The registry is maintained by Burn Pits 360, a non-profit advocacy group that has pushed the VA to develop its own data gathering effort after Congress passed legislation in 2013.

    Further action in Washington will be determined through negotiations between a Democrat-favored measure in the House of Representatives and a more modest bipartisan measure that passed unanimously in the Senate. Veterans and their families continue to seek clarity on what the government can provide in terms of treatment and financial support.

    “Most Veterans understand that this needs to be an evidence-based process,” said U.S. Rep. Dusty Johnson, R-South Dakota, said in an interview with News Watch.

    Johnson voted against the House bill but supports the Senate effort. “They understand that it takes some time to get the science figured out, but what they don’t like is when political fights or bureaucracy slows down the delivery of the science,” he said.

    Back in Webster, as Somsen and his wife look through photographs of his 14 months in Kuwait and Iraq, they lament the frustration of seeing a once-healthy husband and father in the grip of a debilitating disease, with little relief in sight.

    “We trust these (Veterans) with our lives and with national security,” Kari Somsen said. “But when it comes to him saying, ‘Look I have this issue and I believe it came from Iraq,’ we need to make it so we trust these people a little bit more. They’re not lying. They need help.”

    Called to serve in Iraq

    Jerry Somsen grew up as one of seven children on a family farm outside Castlewood, about 40 miles north of Brookings. He joined five of his siblings in attending SDSU, but not before becoming fascinated with the pomp and precision of military service.

    “My oldest brother, Lowell, was in the National Guard as an officer,” Somsen recalled. “I went to one of his drills at the armory in Mitchell and decided that I wanted to be that guy.”

    Jerry entered the Reserve Officers’ Training Corps at SDSU with basic training already completed, wanting to hit the ground running. By the time he graduated in 1990 with a degree in mathematics, he headed to Field Artillery Officers Basic School at Fort Sill, Oklahoma, where his math background helped him excel.

    By the time he earned his master’s degree at SDSU in 1994, Somsen had three children and was going through a divorce while still a member of the National Guard but pondering his path. He took a job at Dakotah Incorporated in Webster in 1997 and met Kari through church, teasing her about her lines in an Easter pageant.

    They were married in 2000 and added a daughter to a family that already included three girls. But any semblance of domestic bliss was staggered when Somsen showed up to work on Sept. 11, 2001 and saw the planes hit the World Trade Center.

    He was in the South Dakota Army National Guard’s 2nd Battalion, 147th Field Artillery. The 1st Battalion was called to action in 2003 as part of Operation Iraqi Freedom but never deployed overseas from Fort Sill. “They weren’t needed,” said Somsen. “The war got over too fast.”

    The 2nd Battalion deployed later that year with the mission of capturing and destroying enemy ammunition, with Somsen serving as executive officer, second in command. “We didn’t know what our mission was until we got there,” he said. “We pulled our stuff out of snowbanks in South Dakota and had it in Iraq within 36 days.”

    They started in Kuwait and then staged at Camp Cedar in southern Iraq, escorting convoys in 130-degree heat, with Wall Drug bumper stickers on their vehicles. It didn’t take long to notice the thick layers of smoke that wafted through the compound from fire pits on the perimeter.

    “From the first day we got there, there was smoke everywhere,” said Somsen. “If the wind was right, you’d walk to lunch in it. We just thought they were burning the trash.”

    Soldiers slept in vacated Iraqi ammunition bunkers and were exposed to smoke when rockets and landmines were destroyed through demolition. Somsen spent much of his time at command base but traveled to visit these subordinate units.

    Asked if it crossed his mind that the fumes were dangerous, he said, “To this day, I wish it would have. The protection of your soldiers is foremost in your mind, so we were more focused on the enemy threat and IEDs (improvised explosive devices). Looking back on it, every soldier in our battalion probably spent time in those burn pits or in some kind of smoke that wasn’t good for them.”

    ‘Can I live until I’m 80?’

    Even before Somsen returned home from Iraq in February 2005, he felt like something was wrong. He had periods of nervousness or anxiety that didn’t exist before, though he managed to calm himself down.

    The tremors in his right hand and side started after his return and worsened, making it difficult to hold the microphone when he gave a Veterans Day speech in Webster in November 2007. When he showed up at his old high school in Castlewood for a Memorial Day event six months later, he had to hide his hands behind the podium and later made the decision that his public speaking days were over.

    Somsen, who was awarded the Bronze Star for his post-9/11 service, was aware of the perils of war. He knew that other Veterans were more severely impacted by their time in Iraq, and that some had lost their lives. He downplayed what was happening to him, even to his family, and focused on his job in the Webster office of DakotaCare, where he has worked since 2007.

    “On the way back from Iraq, I found out I was going to be battalion commander, which is what I’d been working for basically my whole life,” he said. “I still had a chance to make full colonel. If I mentioned anything (about the tremors), I was afraid that I’d be forced into a medical discharge.”

    After trying to keep his command while tremors progressed to both sides of his body and down his legs, Somsen made the decision to retire in 2009 with the rank of lieutenant colonel. His next battlefield occurred back home and took the form of hospital corridors and exam rooms after applying for disability, joining a legion of fellow soldiers seeking relief from the government.

    According to VA press secretary Terrence Hayes, the department is tracking claims for about 2.5 million Veterans who were deployed to the Gulf War region from September 2001 to the present and were potentially exposed to various airborne hazards. Of those, about 1.6 million have filed a claim for disability compensation.

    Diagnostic procedures, including a spinal tap and brain testing, led a neurologist to conclude in 2021 that Somsen had Parkinson’s disease. His assessment said the illness was “more likely than not related to his exposure during his time in Iraq, possible bringing symptoms out much earlier than would have otherwise presented. He has no other family risk factors.”

    Contacted by South Dakota News Watch, Hayes said the VA’s position is that “no link has been established to date between these exposures and Parkinson’s Disease,” citing research from the National Academy of Sciences, Engineering and Medicine.

    Somsen, after years of trying to hide his ailment, is now in the uncomfortable position of having to prove it exists, with Kari as his main advocate. After seeing the most recent review of his disability claim rejected, they’re considering taking their case to the Board of Veterans’ Appeals in Washington D.C.

    In the meantime, Somsen shows up at work each day, stays active in the Webster community and keeps up with his daughters, the youngest of whom continued the family tradition by attending SDSU.

    “It’s frustrating because I don’t know what the future holds,” he said. “Can I live until I’m 80? What if it’s not Parkinson’s and it’s something else? You realize that it could be more and more debilitating and you look around for answers, and they’re not easy to find.”

    Congress explores funding options

    In the summer of 2018, U.S. Sen. Mike Rounds, R-South Dakota, met with representatives of the Iraq and Afghanistan Veterans of America to discuss potential legislative efforts to deliver support for injuries from burn pits and other toxic exposure.

    Rounds, familiar with the issue as a member of the Senate Veterans’ Affairs Committee, pushed for more research into health effects from burn pits and co-sponsored a successful 2021 bill that improved the level of care Veterans exposed to toxic substances received during the pandemic.

    The momentum continued earlier this year, when the Senate unanimously passed the Health Care for Burn Pit Veterans Act, which would expand health care eligibility for post-9/11 combat Veterans from five years after their discharge to 10 years while also providing a one-year application window for those who missed the initial deadline. The bill would also mandate education and training for VA personnel on toxic exposures and expand federal research in the field.

    “This legislation is a small step in the right direction to help make certain that Veterans who were exposed to burn pits and other toxic substances get the access to care they deserve,” Rounds said in a statement. He described the $1 billion measure as the first step in a three-part plan.

    The House bill, a sweeping proposal to expand treatment and benefits to all Veterans with illnesses from service-related toxic exposures and expedite the VA claims process, passed by a vote of 256-174 two days after Biden’s State of the Union remarks.

    The House bill, a sweeping proposal to expand treatment and benefits to all Veterans with illnesses from service-related toxic exposures and expedite the VA claims process, passed by a vote of 256-174 two days after Biden’s State of the Union remarks. Johnson joined most Republicans in voting against the bill, decrying a price tag of about $300 billion over 10 years and accusing Democrats of political posturing with a bill that can’t pass the Senate and thus won’t become law.

    “Sometimes political games get in the way of quick, important bipartisan victories,” Johnson said. “We could have passed the Senate bill out of the House with 400 votes, and we’d already be in the process of delivering this relief. It’s not a silver bullet, but it would move us in the right direction and Veterans would be getting the help they need.”

    Biden compared the situation to the aftermath of the Vietnam War, when more than 2 million Veterans were potentially exposed to Agent Orange, a blend of herbicides the U.S. military sprayed over jungles to remove dense tropical foliage that provided enemy cover. The president said it took far too long to reach decisions on presumptive conditions for those affected, and is determined to now make the same mistake again.

    With the president’s urging and legislative efforts under way, the expectation is that compromise between Senate and House bills is likely, providing more clarity on the disability status of post-9/11 Veterans.

    Somsen doesn’t expect Congress to forge the solution to his situation because of questions about his condition. He hopes further medical research can find a link between what’s happening to his body and the toxic exposures that occurred while he served his country.

    At the very least, he is thankful that more attention is being paid to burn pits and soldiers who were potentially affected so they are not left to suffer in silence.

    “Hopefully this will help a lot of people like me, who went over there healthy and are feeling pretty ragged right now,” he said.

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