Department Service
Officer Newsletter
Volume 21,
Issue 1
November 1,
2009
Department Service
Officer Newsletter
Volume 21,
Issue 1
November 1,
2009
Department Service Office Business Hours: The Department Service Office will be open each Monday through Friday from 8:00 AM until 4:00 PM. Appointments are not necessary for visits. You may contact the Department Service Office by calling (603) 222-5784, faxing (603) 222-5787; or by using the following e-mail address: Gary.Wayman@VA.GOV.
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an act relative to the employment of veterans on
veterans day (hb 90):
On August 14th,
2009, Governor John Lynch (NH) sign into state law “An
act relative to the employment of veterans on veterans day (HB 90) at the NH
State House. This new allows honorably
discharged veterans no longer active in the United States armed forces to have
a preference not to work on Veterans Day. This bill also allows
emergency responders and certain medical personnel who are honorably discharged
veterans no longer in the United States armed forces to have a preference not
to work on Veterans Day so long as another emergency responder is available.
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va to extend benefits to veterans affected by agent orange: On October 13, 2009, the Secretary of the Department of Veterans Affairs (VA) announced his intent to establish presumption of service connection for three additional illnesses associated with Agent Orange exposure. Resulting from studies conducted by the Institute of Medicine (IOM), part of the National Academy of Sciences (NAS), the illnesses recognized to be added to the list of presumed illnesses are, B cell leukemia, such as hairy cell leukemia; Parkinson’s disease, and Ischemic Heart Disease (IHD).
B-cell
leukemia describes several different types of lymphoid leukemia which affect B
cells. B-Cell Lymphoma occurs when B-Cells mutate and become cancerous.
Subsequently, as the cancerous B-Cells clone themselves, the cancer
proliferates.
Parkinson’s disease is a neurological syndrome usually resulting from deficiency of the neurotransmitter dopamine characterized by rhythmical muscular tremors. In the United States, at least 500,000 people are believed to suffer from Parkinson's disease, and about 50,000 new cases are reported annually.
IHD, also known as coronary artery disease (CAD), is the lack of blood supply to the heart muscle caused by coronary artery disease and heart attacks. Its risk increases with age, smoking, high cholesterol, diabetes, and hypertension. IHD is the leading cause of death in the United States for both men and women.
The next step in the process is for VA to publish a proposed implementing regulation in the Federal Register. There will be a 60 day public comment period following publication of the proposed regulation. A final regulation will be published in the Federal Register once VA has considered all public comments.
38 U.S.C. § 1116(c) (1) states that the VA should adhere to the following timeline when promulgating regulations to implement presumptive service connection for agent orange-related diseases:
In this case, the Secretary determined that presumptive service connection was warranted for Parkinson’s disease, ischemic heart disease and B cell leukemia on October 13, 2009.
If VA adheres to this requirement, they must issue proposed regulations by Saturday, December 12, 2009.
However, in Liesegang v. Secretary of Veterans Affairs, 312 F.3d 1368, 1378 (Fed. Cir. 2002), the Court indicated that there is no harmful error if the VA misses the specific deadlines under § 1116(c)(1), as long as final regulations are issued within 210 days of the date the VA receives a report from the National Academy of Sciences.
The most recent National Academies, Institute of Medicine Report, Veterans and Agent Orange: Update 2008 was released on July 24, 2009. Presuming that this is the date the VA “received” the report, the final regulations are required to be published no later than February 19, 2010, pursuant to Liesegang.
The American Legion remains concerned that the Secretary has yet to comment on another condition, hypertension, noted by the IOM in both their 2006 and 2008 reports. Hypertension is a condition which leads to other serious medical conditions. The IOM concluded two years ago that there is limited or suggestive evidence of an association between hypertension and herbicide exposure, which is the same category that ischemic heart disease and Parkinson’s disease. As of this writing, it has been over two and a half years and the VA remains silent on this medical condition.
As of this time, VA has yet to make a determination as to the disposition of claims presently within the system that may be affected by this proposed regulation. It is possible that a stay may be issued on the affected claims until a final regulation affecting them is published. Service Officers can best serve their veterans by ensuring that claims still in the system that relate to these issues are preserved in the system, and should exhaust any appeal or reconsideration measures available to them. In the case of veterans who have not filed a claim relating to these conditions, they should be advised to file now to preserve the earliest possible effective date, rather than waiting to determine the outcome of the final rule, as this could represent potentially several months of accrued benefits.
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Retroactive refunds of copayments: The National Defense Authorization Act of 2008 (NDAA) (Public Law 110-108) extended the period of enhanced enrollment eligibility and cost-free care for conditions potentially related to a theater of combat operations.
Major implications of this law are:
(1) Any combat veteran currently enrolled and new combat Veterans enrollees who were discharged from active duty on or after January 28, 2003, are eligible for enhanced enrollment placement into Priority Group (PG) 6 (unless eligible for higher PG placement), for 5 years post discharge.
(2) Combat veterans discharged from active duty before January 28, 2003, who did not previously enroll in the Department of Veterans Affairs (VA) health care system and apply for enrollment on or after January 28, 2008, are eligible for enhanced enrollment placement into PG 6 (unless eligible for higher PG placement) through January 27, 2011.
As a result of the NDAA, veterans are also eligible for retroactive refunds of co-payments they made for medical services and prescriptions associated with treatment related to their combat experience. Veterans Health Administration (VHA) facilities are presently conducting reviews to determine applicable co-payments which should be refunded to these veterans.
VHA anticipates mailing letters to impacted veterans in November 2009 informing them that they are due a refund which will be subsequently issued by the end of December 2009. Contained in this bulletin is a sample of the letter that will be sent to veterans who will receive refunds.
Veterans are encouraged to contact the Health Resources Center with any questions toll free at 1-800-983-0932.
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VA’s Follow-up to Pharmacy Fraud alert: The Department of Veterans Affairs (VA) has reported that the "Patient Care Group" is conducting a scam operation against veterans who receive VA prescriptions. Callers claiming to be representatives of this group tell veterans that their prescriptions are being administered by the company. They then ask for credit card information so that the veterans can continue to receive their medications.
The
VA Secretary stated VA has made no change to its prescription system, and that
veterans should not provide any information to callers from this group. It is
not VA’s practice to call veterans requesting disclosure of personal financial
information over the phone.
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VA publishes Final Regulation on Presumption of Service Connection for Osteoporosis for Former Prisoners of war: The Department of Veterans Affairs (VA) published a final rule on Friday, August 31, 2009 amending its adjudication regulations to establish a presumption of service connection for osteoporosis for former Prisoners of War (POWs) who were detained or interned for at least 30 days and whose osteoporosis is at least 10 percent disabling. Effective September 28, 2009 the amendment implements a decision by the Secretary to establish such a presumption based on scientific studies and as provided by Public Law 110-389.
VA is additionally amending its adjudication regulations to establish a presumption of service connection for osteoporosis for POWs who were detained or interned for any period of time, have a diagnosis of posttraumatic stress disorder (PTSD), and whose osteoporosis is at least 10 percent disabling. This amendment reflects statutory provisions of the Veterans’ Benefits Improvement Act of 2008.
On January 14, 2009, VA had published a proposed regulation/rule in the Federal Register (74 FR 2016) to amend the 38 Code of Federal Regulation (CFR) § 3.309(c)(2) to establish a presumption of service connection for osteoporosis for POWs who were detained or interned for at least 30 days and whose osteoporosis is at least 10 percent disabling. Interested persons were invited to submit written comments on or before February 13, 2009.
The only change to the proposed regulation made in the final regulation is the addition of the following information:
As noted above, [VA is]
including the applicability dates in the amended regulations to avoid
confusion. The amendment regarding a presumption of service connection for
osteoporosis for POWs with PTSD at 38 CFR 3.309(c)(1) is mandated by section
106 of Public Law 110–389 and is therefore to be applied retroactively to all
applications for benefits that are received by VA on or after October 10, 2008,
the effective date of Public Law 110–389, or that were pending before VA, the
United States Court of Appeals for Veterans Claims, or the United States Court
of Appeals for the Federal Circuit on the effective date of this rule. In
accordance with 38 U.S.C. 5110(g), the effective date of benefits awarded under
§ 3.309(c)(1) cannot be earlier than the effective date of Public Law 110–389
or the date 1 year prior to the date of application, whichever is later.
This change is reflected as the final rule on this matter and the changes. Further changes implemented by this final rule include the following changes to regulations surrounding Dependency Indemnity Compensation (DIC) benefits:
Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation
■ 1. The authority citation for part 3, subpart A continues to read as follows: Authority: 38 U.S.C. 501(a), unless otherwise noted.
■ 2. Amend § 3.309(c) as follows:
■ a. In paragraph (c) (1), in the list of diseases, add ‘‘on or after October 10, 2008, Osteoporosis, if the Secretary determines that the veteran has posttraumatic stress disorder (PTSD).’’ after ‘‘Stroke and its complications.’’.
■ b. In paragraph (c) (2) (ii), in the list of diseases, add ‘‘on or after September 28, 2009, Osteoporosis.’’ after ‘‘Cirrhosis of the liver.’’.
■ c.
Revising the authority citation.
The revision also adds this condition as appropriate under: § 3.309 Disease subject to presumptive service connection.
Service Officers accredited by The American Legion should take the appropriate measures with regards to implementing these changes in their advocacy for veterans with applicable claims.
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Proposed PTSD Regulation: On August 24, 2009, the Department of Veterans Affairs (VA) published a proposed regulation in the Federal Register with the goal of making it easier for a veteran to claim post traumatic stress disorder by reducing the evidence needed to support the claim if the stressor claimed by the veteran is related to fear of hostile military or terrorist activity.
Specifically, VA is proposing to amend 38 Code of Federal Regulations (CFR), Section 3.304(f) by re-designating current paragraphs (3) and (4) as paragraphs (4) and (5) and adding a new paragraph (3) stating that if a stressor claimed by a veteran is related to the veteran’s fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms the claimed stressor is adequate to support a diagnosis of PTSD and that the veteran’s symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.
According
to the proposed regulation, VA has chosen to limit the confirmation of a
claimed stressor to an examination by a VA psychiatrist or psychologist, or a
psychiatrist of psychologist with whom VA has contracted, in order to ensure
standardization and consistency of mental health evaluations and reporting of
these evaluations, which will be based upon uniform VA examination protocols.
This proposed amendment takes into consideration current scientific research studies relating PTSD to exposure to hostile military and terrorist actions. It is intended to acknowledge the inherently stressful nature of the places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. With this amendment, the evidentiary burden of establishing an in-service stressor would be reduced in such cases. Additionally, this amendment is intended to facilitate the timely processing of PTSD claims by simplifying the development and research procedures that apply to these claims.
Written comments must be received by VA on or before October 23, 2009. VA will publish a final regulation once all written comments have been reviewed.
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The national parks and federal recreational lands pass: In addressing the needs of veterans, and seeing to it that they receive the benefits which they are due from the Department of Veterans’ Affairs (VA), it is easy to sometimes overlook benefits from outside the VA to which veterans may also be entitled. Disabled Americans, which includes disabled veterans, are eligible for The National Parks and Federal Recreational Lands Pass. This pass, which is free of charge to disabled citizens, grants access to National Parks and also grants many other benefits to Americans with disabilities.
The
Pass, also known as the Access Pass, is a free, lifetime pass - available to
U.S. citizens or permanent residents of the United States that have been
medically determined to have a permanent disability - that provides access to
recreation areas managed by five Federal agencies. The five Federal Agencies
affected are the US Fish and Wildlife Service, the Forrest Service, the Bureau
of Land Management, the National Park Service, and the Bureau of Reclamation.
The access benefits, as well as additional benefits offered, are summarized
below.
To apply for this pass, a disabled veteran should secure proof of permanent disability such as a rating decision letter, a VA Healthcare Card noting service connected status, or some other means. The veteran must bring the information in person to a participating Federal recreation site or office. The information must be presented in person to allow for verification of the status of the recipient by the appropriate staff. Locations for an appropriate site can be obtained from the following places:
Bureau of Land Management http://www.blm.gov/
Bureau of Reclamation http://www.usbr.gov/
Fish & Wildlife Service http://www.fws.gov/
USDA Forest Service http://www.fs.fed.us/
National Park Service http://www.nps.gov/
The Access Pass admits pass owner/s and passengers in a non-commercial vehicle at per-vehicle fee areas and pass owner + 3 adults, not to exceed 4 adults, where per-person fees are charged. (Children under 16 are always admitted free.) Note: Photo identification will be requested to verify pass ownership. At many sites the Access Pass provides the pass owner a discount on Expanded Amenity Fees (such as camping, swimming, boat launching, and guided tours—inquire locally). The pass program is managed by five Federal agencies that all function under different regulations and operating structures. Therefore, the discount program for the Access Pass is not handled in the same way on all public lands and therefore, checking with local sites is encouraged to provide the most accurate information.
In general discounts are honored as follows:
Individual Campsites: The discount only applies to the fee for the campsite physically occupied by the pass owner, not to any additional campsite(s) occupied by members of the pass owner's party.
Campsites with Utility Hookups: If utility fees are charged separately, there is no discount. The discount may apply if the utility fee is combined (seamless) with the campsite fee.
Group Campsites and Facilities (including, but not limited to, group facilities, picnic areas or pavilions): There is no discount for group campsites and other group facilities that charge a flat fee. If the group campsite has a per person fee rate, only the pass owner receives a discount; others using the site pay the full fee.
Guided Tours: The pass offers discounts on some guided tours. Only the pass owner receives a discount if one is offered.
Transportation
Systems: (Inquire Locally)
Concessionaire
Fees: (Inquire Locally)
Special Use Permit Fees: (Inquire Locally)
Passes of this nature generally run $50-$80 per year for the average citizen, and veterans should be aware that this pass is not only free of charge, but is a lifetime pass for the entire lifespan of the pass bearer. Lost passes may be replaced in the same manner that the original pass was obtained, still with no additional charge.
Further inquiries regarding eligibility or specific benefits is available at the website for the United States Geological Survey located at: http://store.usgs.gov/pass/access.html
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Assistance Dogs are now available for Combat Veterans from Dogs for Deaf and Disabled Americans:
Assistance
Dogs are now available for Combat Veterans from Dogs for Deaf and Disabled
Americans/NEADS.
PO Box 213, West
Boylston, MA 01583
Canines for Combat Veterans Typical Graduating Class
Dogs for Deaf and Disabled Americans/NEADS
PO Box 213, West
Boylston, MA 01583, 978/422-9064 Ext. 22
, 978/422-3255 (Fax) veterans@neads.org
How Much does this
cost? Thanks to the generous donations of
thousands of individuals, private foundations and small businesses specifically
for Canines
for Combat Veterans, Dogs for Deaf and
Disabled Americans/NEADS is able to provide these fully-trained Assistance Dogs at no cost to
qualified veterans.
Travel to our national training campus in Princeton, Massachusetts is provided free of charge to the veteran. Fully accessible on-site accommodations are also provided at no cost.
about us: Dogs
for Deaf and Disabled Americans/NEADS, a 501 (c) (3) non-profit organization,
has trained nearly 1,000 dogs since it’s
beginning in 1976. The NEADS campus is located in central Massachusetts.
Clients stay in accessible housing on campus during their two week training
session.
what is an assistance dog? Assistance dogs partner with people with physical disabilities or various degrees of deafness to enhance independence and social interaction especially in public situations. Under the 1990 Americans with Disabilities Act, assistance dogs accompany their partners at school, at work and in public settings. The dog will continue to assist in civilian life or at a new military assignment.
what does an
assistance dog do?
√ Help a
person transition to prosthetics
√ Help with
tasks for a person using a wheelchair
√ Retrieve and
carry objects
√ Press
buttons and open doors
√ Turn lights
on and off
√ Assist on
ramps
√ Respond to
sounds for those who are deaf or hard of hearing
√ Provide
social interaction
√ Provide
balance when walking
who is eligible to apply? Any combat veteran whose service injury has resulted in deafness or a disability.
how to apply? Go on our website http://www.neads.org and click on our new program, “Canines for Combat Veterans”. Find the service dog or hearing dog icon, click on “APPLY NOW” to find an application. OR Contact NEADS directly for an assistance dog application 978/422-9064 Ext. 22 or http://www.veterans@neads.org.
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Bills Enhance Veteran Protections: The
House Subcommittee on Economic Opportunity has approved seven bills that would
improve benefits and services to veterans provided by VA.
H.R. 1182, Military Spouses Residency Relief Act: would amend the Servicemembers Civil Relief Act by extending the same residency rights to military spouses as are currently extended to active duty service members.
H.R. 2416, The Success After Service Act: would require contracting officers of the VA to use purchases of goods or services through the federal supply schedules for the purpose of meeting the government-wide goal for participation by small businesses owned and controlled by veterans and service-disabled veterans.
H.R. 2614, Veterans' Advisory Committee on Education Reauthorization Act of 2009: would reauthorize the Veterans Advisory Committee on Education until the end of 2015.
H.R. 1168, as amended, Veterans Retraining Act of 2009: authorizes $100 million per year to provide a living stipend and moving assistance to veterans who have been unemployed for at least 4 months, who are not eligible for training or education under the Department of Veterans Affairs, and are enrolled in a U.S. Department of Labor re-training program.
H.R. 2696, as amended, Servicemembers’ Rights Protection Act: would expand Servicemembers Civil Relief Act protections to service members seeking to cancel certain service contracts due to a change in duty station where such service is not provided.
H.R. 2461, Veterans Small Business Verification Act: would clarify current law and require VA to verify that firms are veteran-owned small businesses or service disabled veteran-owned small businesses in order to be listed in the Vendor Information Pages database maintained by the VA Secretary.
H.R. 2874, as amended, Helping Active Duty Deployed Act of 2009: would amend the Servicemembers Civil Relief Act to improve the equitable relief available for service members called to active duty, including allowing greater flexibility for family cell phone plans, rental leases, and motor vehicle leases when a service member has changed duty stations or been deployed.
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