http://www1.va.gov/opa/pressrel/

VA Makes Filing Claims Easier and Faster for Veterans



http://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf

http://www.vba.va.gov/pubs/forms/VBA-21-527EZ-ARE.pdf



VA Makes Filing Claims Easier and Faster for Veterans
Simpler Forms and New Program Reduce Paperwork and Speed Process

WASHINGTON (June 15, 2010) - As part of Secretary of Veterans Affairs
Eric K. Shinseki's effort to break the back of the backlog, the
Department of Veterans Affairs (VA) is reducing the paperwork and
expediting the process for Veterans seeking compensation for
disabilities related to their military service.  

"These reductions in paperwork, along with other improvements to
simplify and speed the claims process, symbolize changes underway to
make VA more responsive to Veterans and their families," said Secretary
Shinseki.

VA has shortened application forms to reduce paperwork for Veterans. The
new forms, which are being made available on VA's Web site at
www.va.gov/vaforms <http://www.va.gov/vaforms/> , include:

*        A shortened VA Form 21-526 for Veterans applying for the
first-time to VA for disability compensation or pension benefits.  This
form has been cut in half - from 23 to 10 pages.  It is immediately
available to Veterans via Web download, and will be available through
VA's online claim-filing process later this summer at
http://vabenefits.vba.va.gov/vonapp/main.asp
        
*        VA Form 21-526b for Veterans seeking increased benefits for
conditions already determined by VA to be service-connected.  This new
form more clearly describes the information needed to support claims for
increased benefits.

In order to make the claims process faster, VA has also introduced two
new forms for Veterans participating in the Department's new fully
developed claim (FDC) program, which is one of the fastest means to
receive a claims decision.

Gathering the information and evidence needed to support a Veteran's
disability claim often takes the largest portion of the processing time.
If VA receives all of the available evidence when the claim is
submitted, the remaining steps in the claims-decision process can be
expedited without compromising quality.

To participate in the FDC program, Veterans should complete and submit
an FDC Certification and VA Form 21-526EZ, "Fully Developed Claim
(Compensation)," for a compensation claim, or a VA Form 21-527EZ, "Fully
Developed Claim (Pension)," for a pension claim.  

The forms were designed specifically for the FDC program.  These
six-page application forms include notification to applicants of all
information and evidence necessary to "fully develop" and substantiate
their claims.  With this notification, Veterans and their
representatives can "fully develop" their claims before submission to VA
for processing.  

Along with the application and certification, Veterans must also submit
all relevant and pertinent evidence to "fully develop" their claims.  A
claim submitted as "fully developed" may still require some additional
evidence to be obtained by VA, to include certain federal records and a
VA medical examination.

VA provides compensation, pension, education, loan guaranty, vocational
rehabilitation, employment, and insurance benefits to Veterans and their
families through 57 VA regional offices.

Disability compensation is a tax-free benefit paid to a Veteran for
disabilities that are a result of -- or made worse by -- injuries or
diseases that happened while on active duty, active duty for training or
inactive duty training.  Pension is a benefit paid to wartime Veterans
with limited income, and who are permanently and totally disabled or age
65 or older.

For additional information, go to www.va.gov <http://www.va.gov/>  or
call VA's toll free benefits number at 1-800-827-1000.

News Releases  (05/16/2010 - 06/15/2010)

 VA Makes Filing Claims Easier and Faster for Veterans - As part of Secretary of Veterans Affairs Eric K. Shinseki’s effort to break the back of the backlog, the Department of Veterans Affairs is reducing the paperwork and expediting the process for Veterans seeking compensation for disabilities related to their military service.  (6/15/10)

 Secretary Shinseki Honors Returning Veterans at Event in Bowie, Md. - Secretary of Veterans Affairs Eric K. Shinseki joined returning combat Veterans from all branches of the armed forces today during a "Welcome Home" celebration at Prince George’s Stadium in Bowie, Md., sponsored by the Department of Veterans Affairs and the Department of Defense.  (6/12/10)

 Department of the Army Taps VA to Help Serve Our Nations Veterans - Today, at the request of the Army Secretary John McHugh, Secretary of Veterans Affairs Eric K. Shinseki announced that Patrick K. Hallinan, a over 31-year employee of VA’s National Cemetery Administration (NCA), is being detailed to the Army to assist in the management of Arlington National Cemetery. (6/10/10)

 VA Announces Change to Medication Copays for Some Veterans - As previously announced on January 7, 2010, the Department of Veterans Affairs (VA) froze prescription copayment increases for six months. Veterans who generally have higher income and no service-connected disabilities - referred to as Priority Groups 7 and 8 Veterans - will now pay an additional $1 for each 30-day supply of outpatient medications. Taking effect July 1, the increase to $9 from $8 is the first change in VA’s medication copay since Jan. 1, 2006.  (6/10/10)

 Celebrate Independence Day with Disabled Veterans - The Fourth of July celebration in Denver takes on special importance this year when more than 500 wheelchair athletes who are all military Veterans begin competition at the 30th National Veterans Wheelchair Games. The event, presented each year by the Department of Veterans Affairs and Paralyzed Veterans of America, runs July 4 through July 9. (6/9/10)

 VA Announces Industry Innovation Competition - Secretary of Veterans Affairs Eric K. Shinseki announced today the opening of the Industry Innovation Competition by the Department of Veterans Affairs, the most recent effort under the VA Innovation Initiative. With this competition, VA seeks the best ideas from the private sector to address the department’s most important challenges. (6/7/10)

 VA Research Offers Insight on Parkinson’s Disease - Veterans and others with Parkinson’s disease who undergo deep brain stimulation (DBS) may benefit from research co-sponsored by the Department of Veterans Affairs and published recently in the prestigious New England Journal of Medicine. (6/4/10)

 Secretary Tours Recovery Act Improvements - Secretary of Veterans Affairs Eric K. Shinseki visited the Louis Stokes Cleveland VA Medical Center today and received a first-hand update on Recovery Act-funded projects that will help Veterans access VA care and provide surgical ward upgrades. The Cleveland VA Medical Center provides both inpatient and outpatient health care services at two facilities located in Cleveland (Wade Park) and Brecksville, Ohio. (6/4/10)

 VA Secretary Announces New Hotline for Homeless Veterans - Secretary of Veterans Affairs Eric K. Shinseki announced today the establishment of a new telephone hotline to provide emergency support and resources to homeless Veterans. He made the announcement as he toured the facility at the VA medical center in Canandaigua, N.Y. (6/3/10)

VA Announces Winners of Health Information Technology Initiative - Secretary of Veterans Affairs Eric K. Shinseki announced today the selection of 26 winning ideas in the Veterans Health Administration / Office of Information and Technology (VHA/OIT) Innovation Competition. (5/28/10)

VA Honors Military Sacrifice on Memorial Day - From parades to somber ceremonies and a moment of silence, Americans will recall the sacrifices of military personnel who paid the ultimate price for freedom on Memorial Day, Monday, May 31. (5/28/10)

Secretary Shinseki Announces $19.5 Million Cemetery Construction Contract for Greater Philadelphia - Secretary of Veterans Affairs Eric K. Shinseki announced today a nearly $19.5 million contract to develop the next phase of Washington Crossing National Cemetery, in Newtown, Pa. (5/28/10)

Shinseki Delivers Commencement Address at University of Vermont - Secretary of Veterans Affairs Eric K. Shinseki urged graduates to “share your time, talents and energy with those less fortunate” at the University of Vermont's commencement ceremony on Sunday, May 23.  (5/24/10)

Des Moines Set to Host National Veterans Golden Age Games - Hundreds of Veterans from around the nation will make their way to Des Moines, Iowa, May 26-31 to compete in the 24th National Veterans Golden Age Games, the largest annual sports competition of its kind in the world.  (5/24/10)

I invite you to add our new website to your favorites.  It has our past Veterans Service Officer (VSO) meeting minutes, a future schedule of calls, and our present schedule of outreach activities.   You'll also find a reference source for VA Compensation and Pension benefits, and a slide show on PMC performance. 

Possibly of most importance is the Contact Section.  It includes the national Pension toll free number, as well as the fax number that will get claims directly into Virtual VA.  Of special note, we have a phone number and two email addresses posted exclusively for VSOs, to include Country Veterans Service Officers (CVSOs).  Feel free to send this link to VSOs and CVSOs.  But please remind them to keep this website and the contact information it provides within the VSO/CVSO community.  Only then can we provide you with the enhanced level of service you deserve.

http://www.vba.va.gov/ro/milwaukee/pmcvso12.htm

News Releases  (01/24/2010 - 02/23/2010)

 Shinseki Announces Winners of Innovation Competition for Improving Claims Processing - The Department of Veterans Affairs selected 10 winners in a competition that solicited ideas from VA employees and co-located Veterans service organizations to improve claims processing and provide greater transparency to Veterans.  (2/19/10)

 Petzel Sworn in to Head Veterans Health Care System - Dr. Robert A. Petzel has taken the oath of office as the Under Secretary for Health within the Department of Veterans Affairs, stepping up to lead the nation's largest integrated health care system. (2/18/10)

 “Innovation Initiative” Underway for Health Records Improvements - Secretary of Veterans Affairs Eric K. Shinseki launched the “Veterans Health IT Innovation Initiative,” an employee-based Health Information Technology (HIT) competition to spur VA’s transformation into a 21st Century organization that is Veteran-centric, results-oriented, and forward-looking.  (2/18/10)

 Secretary Shinseki Mourns Loss of Rep. Murtha - Secretary of Veterans Affairs Eric K. Shinseki mourned the loss of Rep. John P. Murtha, Chairman of the House Appropriations’ subcommittee on defense and a champion of the Nation’s Veterans. (2/10/10)

White House Seeks $125 Billion for Veterans in 2011 - To expand health care to a record-number of Veterans, reduce the number of homeless Veterans and process a dramatically increased number of new disability compensation claims, the White House has announced a proposed $125 billion budget next year for the Department of Veterans Affairs. (2/1/10)

Miramar National Cemetery Dedicated - The Department of Veterans Affairs held a dedication ceremony today in San Diego for the Miramar National Cemetery. (1/30/10)

VA Secretary Shinseki Helps Veterans at VA Medical Center Homeless Stand Down - At the VA Medical Center in Washington, D.C., (DCVAMC), Secretary of Veterans Affairs Eric K. Shinseki joined hundreds of volunteers in support of homeless Veterans in our Nation’s capital.  (1/24/10)

Public and Intergovernmental Affairs

News Releases  (10/16/2009 - 11/15/2009)

 On Veterans Day, Nation Salutes Those Who Served - On Veterans Day, Nov. 11, Secretary of Veterans Affairs Eric K. Shinseki called on Americans to honor the 48 million men and women – including America’s 23 million living Veterans – who have served our Nation in uniform.  (11/11/09)

 VA Suffers Losses and Offers Help at Ft. Hood - In the midst of providing mental health services and other support to the Ft. Hood community following the recent shooting, the Department of Veterans Affairs learned about its own losses from the violence. Two VA employees, both serving on active duty with their Army Reserve units, were among the slain. A third VA health care worker on reserve duty was seriously wounded. (11/10/09)

 Secretary Shinseki Addresses Florida Educators - The Department of Veterans Affairs is working with Florida and other states to help Veterans make the transition from combat to college life. Secretary of Veterans Affairs Eric K. Shinseki addressed educators and Veterans during a conference this week at the University of South Florida (USF) on the importance of programs that ease the transition from active duty to Veteran status. (11/6/09)

 Secretary Shinseki Announces $10 Million for Leavenworth Cemetery - Secretary of Veterans Affairs Eric K. Shinseki has announced a $10 million contract from the Department of Veterans Affairs to expand the Leavenworth National Cemetery in Leavenworth, Kan. (11/5/09)

 Secretary Shinseki Announces $12 Million for Jacksonville Cemetery - Secretary of Veterans Affairs Eric K. Shinseki has announced an $11.8 million contract to develop the next phase of the Jacksonville National Cemetery, which opened for burials in January 2009. (11/5/09)

 Craigslist Founder Joins VA Innovation Search Panel - Craig Newmark, the founder of “craigslist” and a well-known technology visionary, has agreed to serve on the blue-ribbon panel of the Department of Veterans Affairs that will review and evaluate ideas to improve disability claims processing times and provide greater transparency to Veterans.  (11/4/09)

 Shinseki Announces Veterans’ Stories Posted on VA’s Web Page - Secretary of Veterans Affairs Eric K. Shinseki announced the Department of Veterans Affairs will join with the Library of Congress to host a “Veterans History Countdown” on the VA Web site – www.va.gov – featuring the oral histories of Veterans from every state and U.S. territory.  (11/4/09)

 Secretary Shinseki Details Plan to End Homelessness for Veterans - Today, at the “VA National Summit Ending Homelessness among Veterans,” Secretary of Veterans Affairs Eric K. Shinseki unveiled the department’s comprehensive plan to end homelessness among Veterans by marshalling the resources of government, business and the private sector. (11/3/09)

VA Seeks Temporary Contractor to Help Process Education Claims - On Oct. 21, the Department of Veterans Affairs issued a solicitation for temporary contractor support to assist in processing the increased volume of education claims received since implementing the new Post-9/11 GI Bill. (10/28/09)

VA Extends "Agent Orange" Benefits to More Veterans

Parkinson's Disease, Two Other Illnesses Recognized

 

WASHINGTON (Oct. 13, 2009) - Relying on an independent study by the
Institute of Medicine (IOM), Secretary of Veterans Affairs Eric K.
Shinseki decided to establish a service-connection for Vietnam Veterans
with three specific illnesses based on the latest evidence of an
association with the herbicides referred to Agent Orange.

 

The illnesses affected by the recent decision are B cell leukemias, such
as hairy cell leukemia; Parkinson's disease; and ischemic heart disease.

 

Used in Vietnam to defoliate trees and remove concealment for the enemy,
Agent Orange left a legacy of suffering and disability that continues to
the present.  Between January 1965 and April 1970, an estimated 2.6
million military personnel who served in Vietnam were potentially
exposed to sprayed Agent Orange.

 

In practical terms, Veterans who served in Vietnam during the war and
who have a "presumed" illness don't have to prove an association between
their illnesses and their military service.  This "presumption"
simplifies and speeds up the application process for benefits.

 

The Secretary's decision brings to 15 the number of presumed illnesses
recognized by the Department of Veterans Affairs (VA).  

 

"We must do better reviews of illnesses that may be connected to
service, and we will," Shinseki added. "Veterans who endure health
problems deserve timely decisions based on solid evidence."

 

Other illnesses previously recognized under VA's "presumption" rule as
being caused by exposure to herbicides during the Vietnam War are:

 

*  Acute and Subacute Transient Peripheral Neuropathy
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/peripheral_neuropathy.asp>

*  AL Amyloidosis
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/al_amyloidosis.asp>

*  Chloracne
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/chloracne.asp>

*  Chronic Lymphocytic Leukemia
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/chronic_leukemia.asp>

*  Diabetes Mellitus (Type 2)
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/diabetes.asp>

*  Hodgkin's Disease
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/hodgkins.asp>

*  Multiple Myeloma
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/multiple_myeloma.asp>

*  Non-Hodgkin's Lymphoma
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/nh_lymphoma.asp>

*  Porphyria Cutanea Tarda
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/porphyria.asp>

*  Prostate Cancer
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/prostate_cancer.asp>

*  Respiratory Cancers
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/respiratory_cancers.asp> , and

*  Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma,
Kaposi's sarcoma, or Mesothelioma)
<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/condi
tions/st_sarcoma.asp>

 

Additional information about Agent Orange and VA's services and programs
for Veterans exposed to the chemical are available at
www.publichealth.va.gov/exposures/agentorange
<http://www.publichealth.va.gov/exposures/agentorange/> .

 

News Releases  (08/19/2009 - 09/18/09)

 Inspector General Completes Study of VA Endoscopic Programs - The Department of Veterans Affairs' Office of Inspector General inspected every VA medical site with endoscopic equipment, independently verifying the success of a national program VA instituted to ensure safe and sterile procedures for reprocessing endoscopic equipment across the country. (9/18/09)

 VA Secretary Helps Launch The Red Sox Foundation-Massachusetts General Hospital Home Base Program - Secretary of Veterans Affairs Eric K. Shinseki joined The Red Sox Foundation and Massachusetts General Hospital (MGH) to launch a new initiative to help returning OEF/OIF Veterans suffering from Post Traumatic Stress Disorder and traumatic brain injuries and their families. (9/17/09)

 VA Warns Veterans of Telephone Prescription Scam - The Department of Veterans Affairs is warning Veterans not to give credit card numbers over the phone to callers claiming to update VA prescription information. (9/17/09)

 Secretary Shinseki Announces $1 Million for Aurora Site - Secretary of Veterans Affairs Eric K. Shinseki has announced the award of a $936,276 contract by the Department of Veterans Affairs to a Washington state company for demolition and site clearing of VA’s new medical center in Aurora, Colo. (9/15/09)

 Secretary Shinseki Announces $19 Million for Columbia, Mo., Facility - Secretary of Veterans Affairs Eric K. Shinseki announced the award of a $19 million contract to an Illinois firm to construct a new surgical suite and renovate existing surgical support areas within the Harry S. Truman Memorial Veterans Hospital in Columbia, Mo. (9/14/09)

 Secretary Shinseki Announces New Efforts to Explore Health Consequences of Service in Vietnam - Secretary of Veterans Affairs Eric K. Shinseki announced today plans to begin additional research by the Department of Veterans Affairs to better understand the health consequences of service in Vietnam. (9/14/09)

 “Innovation Competition” Begins at Veterans Affairs - To speed its transformation into a 21st Century organization that is Veteran-centric, results-oriented and forward-looking, the Department of Veterans Affairs has launched one of the largest innovation competitions in the agency’s history. The competition solicits ideas from VA employees and co-located Veterans Service Organizations who are on the front lines of the Veterans Benefits Administration (VBA) and encourages them to submit entries addressing everything from claims processing times to better process transparency. (9/10/09)

 Secretary Shinseki Announces $7 Million Grant to Virginia - Secretary of Veterans Affairs Eric K. Shinseki announced that Veterans living in southwestern Virginia will soon have a final resting place that honors their service to the nation. The Department of Veterans Affairs has awarded $7,218,366 to the Commonwealth of Virginia to establish the Southwest Virginia Veterans Cemetery in Dublin.  (9/10/09)

 Veterans to TEE Off in Iowa City at National Tournament - More than 100 Veterans with visual or mobility impairments, blindness and other disabilities hit the golf course at the National Veterans TEE Tournament, September 6 - 10, in and around Iowa City, Iowa. (9/6/09)

Secretary Shinseki Announces $6 Million Grant to Kentucky - Secretary of Veterans Affairs Eric K. Shinseki has announced Veterans living in northeastern Kentucky will soon have a final resting place that honors their service to the nation.  (9/4/09)

VA To Host Summer Sports Clinic in San Diego - Recently-injured Veterans will learn how to surf, kayak, sail and enjoy other summer sports at a rehabilitative clinic sponsored by the Department of Veterans Affairs.  (9/3/09)

Secretary Shinseki Announces $3.9 Million Grant to Wisconsin - Secretary of Veterans Affairs Eric K. Shinseki has announced a grant of $3,896,563 from the Department of Veterans Affairs to expand the Southern Wisconsin Veterans Memorial Cemetery in Union Grove. (9/2/09)

VA Honors Veterans Who Are Artists, Performers - More than 120 Veterans from across the country who are medal winners in national music, dance, drama, creative writing or visual arts contests are preparing to attend the National Veterans Creative Arts Festival in San Antonio from Oct. 5 – 11.  (9/1/09)

VA’s Suicide Prevention Program Adds Chat Service - The Suicide Prevention campaign of the Department of Veterans Affairs is expanding its outreach to all Veterans by piloting an online, one-to-one “chat service” for Veterans who prefer reaching out for assistance using the Internet. (8/31/09)

VA Awards $526,000 for Wisconsin State Veterans Home - To support high-quality health services for Veterans at the state home in King, Wis., the Department of Veterans Affairs (VA) is awarding a grant of up to $526,000 for upgrades to the facility’s water supply well. (8/28/09)

Secretary Shinseki Announces $11 Million for Alabama Cemetery - Secretary of Veterans Affairs Eric K. Shinseki has announced an $11 million contract from the Department of Veterans Affairs to develop the next phase of the Alabama National Cemetery, which opened for burials on June 25. (8/28/09)

VA Continues Gulf War Research, Cancels Contract with UTSW Medical Center - Citing persistent noncompliance and numerous performance deficiencies, the Department of Veterans Affairs will not exercise the third year of a five-year, $75 million contract with the University of Texas Southwestern Medical Center (UTSWMC) to perform research into Gulf War Veterans’ Illnesses (GWVI). (8/26/09)

VA Pledge to Women Veterans on Women’s Equality Day - Secretary of Veterans Affairs Eric K. Shinseki pledged today on Women’s Equality Day that the Department of Veterans Affairs will work to ensure the nation upholds its obligation to meet the needs of our Veterans – including women Veterans. (8/26/09)

Secretary Shinseki Moves to Simplify PTSD Compensation Rules - Secretary of Veterans Affairs Eric K. Shinseki announced the Department of Veterans Affairs is taking steps to assist Veterans seeking compensation for Post-Traumatic Stress Disorder (PTSD). (8/24/09)

Secretary Shinseki Announces Expansion in Albany - Secretary of Veterans Affairs Eric K. Shinseki has announced a plan to expand health care in Albany, N.Y., by leasing 2.4 acres to a private-sector medical facility in exchange for construction of a 30,000 square-foot building for the Department of Veterans Affairs at its Samuel S. Stratton VA Medical Center. (8/21/09)

Secretary Shinseki Announces $8.8 Million for Washington Cemetery - Ensuring that military Veterans living in eastern Washington have a final resting place that honors their service to the nation, Secretary of Veterans Affairs Eric K. Shinseki announced the award of $8.8 million to establish the Washington State Veterans Cemetery in Medical Lake. (8/20/09)

Secretary Shinseki Announces Award of $1.8 Million to Delaware - Secretary of Veterans Affairs Eric K. Shinseki has announced the Department of Veterans Affairs (VA) is awarding $1.8 million to the Delaware Veterans Memorial Cemetery in Sussex to expand its facility. (8/20/09)

VA Reaching Out to Suppliers, Contractors - The Department of Veterans Affairs (VA) is strengthening its working relationship with the private-sector to improve service for Veterans, cut costs for taxpayers and enhance the operation of federal employees, VA’s Deputy Secretary W. Scott Gould said recently. (8/20/09)

Secretary Shinseki Announces Expansion of Jefferson Barracks Cemetery - Secretary of Veterans Affairs Eric K. Shinseki today announced the Department of Veterans Affairs is awarding more than $898,000 to URS Group Inc., a St. Louis-based company, to design a gravesite expansion project at Jefferson Barracks National Cemetery in St. Louis. (8/19/09)

Secretary Shinseki Announces $8.7 Million Contracts in Philadelphia - Secretary of Veterans Affairs Eric K. Shinseki today announced the Department of Veterans Affairs has awarded two contracts totaling $8.7 million to prepare the new Washington Crossing National Cemetery near Philadelphia for its first burials. (8/19/09)

ECS 2009 Update 08: The American Recovery and Reinvestment Act of 2009 provides for a one-time payment of $250 to individuals who receive benefits from the Social Security Administration (SSA), including Supplemental Security Income (SSI), the Railroad Retirement Board (RRB), or Department of Veterans Affairs (VA). However, the law allows only one $250 payment per individual. VA beneficiaries who are also eligible for SSA, SSI, or RRB benefits will be paid through the SSA or RRB, and will therefore not receive payment from VA. To be eligible for the $250 payment, VA beneficiaries must have received compensation, pension, Dependency and Indemnity Compensation (DIC), or spina bifida benefits at any time between NOV 08 and JAN 09. VA will use its existing payment records to determine eligibility to the $250 payment. No application is necessary. VA expects to release payments in JUN 09. Beneficiaries will receive their payments in the same way they receive their monthly VA benefits (either by direct deposit or mail). VA will inform both the general public and actual beneficiaries when releasing the payments. This payment is not countable in determining eligibility for any Federal program, including VA pension or Parents’ DIC. The beneficiaries must reside within the United States or its territories (Puerto Rico, Guam, Northern Mariana Islands, American Samoa, and the U.S. Virgin Islands). This does not apply to Filipino vets residing overseas who submit claims authorized under the ECS Plan for WWII U.S. service payments of $15,000 if they are U.S. citizens or $9,000 if they are non-U.S. citizens.

An Open Letter to Veterans

From Secretary of Veterans Affairs Eric K. Shinseki

 

WASHINGTON (March 13, 2009) - Following is an open letter to Veterans
from Secretary of Veterans Affairs Eric K. Shinseki:

 

"My name is Ric Shinseki, and I am a Veteran.  For me, serving as
Secretary of Veterans Affairs is a noble calling.  It provides me the
opportunity to give back to those who served with and for me during my
38 years in uniform and those on whose shoulders we all stood as we grew
up in the profession of arms.

 

"The Department of Veterans Affairs has a solemn responsibility to all
of you, today and in the future, as more Veterans join our ranks and
enroll to secure the benefits and services they have earned.  I am fully
committed to fulfilling President Obama's vision for transforming our
department so that it will be well-positioned to perform this duty even
better during the 21st Century.  We welcome the assistance and advice of
our Veterans Service Organizations, other government departments and
agencies, Congress, and all VA stakeholders as we move forward,
ethically and transparently, so that Veterans and citizens can
understand our efforts.

 

"Creating that vision for transforming the VA into a 21st Century
organization requires a comprehensive review of our department.  We
approach that review understanding that Veterans are central to
everything VA does.  We know that results count, that the department
will be measured by what we do, not what we promise, and that our best
days as an organization supporting Veterans are ahead of us.  We will
fulfill President Lincoln's charge to care for ". . . him, who shall
have borne the battle, and for his widow, and his orphan . . ." by
redesigning and reengineering ourselves for the future.

 

"Transforming any institution is supremely challenging; I know this from
my own experience in leading large, proud, complex, and high-performing
organizations through change.  But the best organizations must be
prepared to meet the challenging times, evolving technology and, most
importantly, evolving needs of clients.  Historically, organizations
that are unwilling or unable to change soon find themselves irrelevant.
You and your needs are not irrelevant.

 

"Veterans are our clients, and delivering the highest quality care and
services in a timely, consistent and fair manner is a VA responsibility.
I take that responsibility seriously and have charged all of the
department's employees for their best efforts and support every day to
meet our obligations to you.  Our path forward is challenging, but the
President and Congress support us.  They have asked us to do this
well-for you.  Veterans are our sole reason for existence and our number
one priority-bar none.  I look forward to working together with all VA
employees to transform our department into an organization that reflects
the change and commitment our country expects and our Veterans deserve.

 

"Thank you, and God bless our military, our Veterans, and our Nation."

 

Signed: Eric K. Shinseki

VA, DOT, DOD Steer Vets toward Safe Driving
Deadly Toll from Post-Deployment Car Crashes
WASHINGTON (Jan. 12, 2009) - With motor vehicle crashes being a leading
cause of deaths among combat veterans during the first years after their
return home, the Department of Veterans Affairs (VA), the Department of
Transportation (DOT) and the Department of Defense (DOD) are working
together to reduce these accidents.

Today, Secretary of Veterans Affairs Dr. James B. Peake, Deputy Under
Secretary of Defense for Installations and Environment Wayne Arny, and
Acting Administrator of the National Highway Traffic Safety
Administration David Kelly announced the creation of a new program
designed to identify needed research involving recently returned
veterans from Iraq and Afghanistan and to increase awareness of the
importance of safe driving among newly-demobilized veterans.

"VA is committed to helping our returning heroes with world-class health
care and educational benefits, home loans, job training and now with a
specific safe-driving program," said Secretary Peake. "Together with our
partners at DOT and DOD, we will be able to collect and analyze data
that will be used to develop a comprehensive outreach initiative to
target veterans with specific needs -- and ultimately to save lives."

Experts in transportation safety, veterans' health and medical care, and
public health are identifying gaps in current knowledge and developing a
strategic plan for addressing key research questions, in fields ranging
from epidemiology to psychology and biomechanics. 

Participants in the strategic planning process include scientists and
policy officials from VA, DOT, DOD and Department of Health and Human
Services, as well as non-governmental experts.  The resulting strategic
plan will lay out research needs and identify priorities for the
initiative.

"Our returning combat veterans have already put themselves in harm's way
to protect our way of life.  Now it's our turn to take action," said
David Kelly, Acting Administrator of the National Highway Transportation
Safety Administration (NHTSA).  "NHTSA can offer knowledge and expertise
to address challenges such as these. Working side-by-side with the
Department of Veterans Affairs, we are committed to tackling this
problem and reducing the number of veterans killed and injured on our
nation's roadways."

The safe-driving initiative strives to increase awareness of motor
vehicle crashes among veterans and the importance of safe driving,
seatbelt and helmet usage, and other measures.  To reach out to veterans
and their families, VA will create a national educational program using
the Department's network of medical centers, community clinics, drop-in
counseling centers (Vet Centers), and veterans benefits offices.

The initiative will also include outreach to mobilize national veterans
service organizations; the nation's governors and state police, safety
officers, and state highway safety officials; and the private sector -
including employers; automobile, motorcycle and sports vehicle dealers
and manufacturers; the motor vehicle insurance industry; and driving and
motorcycle racing enthusiasts' organizations.  NASCAR legend and safe
driving advocate, Richard Petty, will also be an active partner in the
initiative. 

"Richard Petty Driving Experience (RPDE) is thrilled to be working with
VA, DOT and DOD on such a worthwhile project to save veterans' lives,"
said NASCAR legend Richard Petty. "We want to bring more attention to
the continuing problem of veteran drivers and their safety through our
involvement.  Last year alone, RPDE operated over 1,100 event days, ran
almost 1 million miles on track and had a staff of professional drivers.
We have the commitment, the knowledge to teach, and the infrastructure
to take this initiative to many markets."

According to the Department of Transportation, motor vehicle crashes are
the leading cause of death for all Americans between the ages of eight
through 34.  Men constitute about 70 percent of all traffic deaths.  In
the past decade, both deaths and injuries from motor vehicle crashes
have gone down in the United States, due to increases in seat-belt use
and decreases in alcohol involvement, among other factors. 

Nonetheless, motor vehicle accidents remain a major concern in the
military and among veterans as the greatest cause of accidental
fatalities.  Several studies have reported an increase in
post-deployment deaths among military personnel who served in a combat
zone compared to their non-deployed counterparts, who are in the
military but not deployed to a war, after both the Vietnam War and the
1991 Gulf War.  Preliminary evidence also indicates this is the case
with veterans from the Global War on Terror.

For more information regarding the Department of Veterans Affairs and
the Department of Transportation's safe driving initiative for veterans,
please visit www.safedriving.va.gov <http://www.safedriving.va.gov/> .

VA Announces $22 Million for Rural Veterans

Peake: Down Payment on Expansion of Services

WASHINGTON (January 9, 2009) -- The Department of Veterans Affairs (VA)
has provided $21.7 million to its regional health care systems to
improve services specifically designed for veterans in rural areas.
      "This special allocation is the latest down payment on VA's
commitment to meet the needs of veterans living in rural areas," said
Secretary of Veterans Affairs Dr. James B. Peake. "VA will take to our
rural veterans the health care services they have earned."
      Within the last year, VA has launched a major rural health
initiative.  The Department has already created a 13-member committee to
advise the VA secretary on issues affecting rural veterans, opened three
rural health resource centers to better understand rural health issues,
rolled out four new mobile health clinics to serve 24 predominately
rural counties, announced the opening of 10 new rural outreach clinics
in 2009 and launched a fleet of 50 new mobile counseling centers.
      The extra funding is part of a two-year VA program to improve the
access and quality of health care for veterans in geographically
isolated areas.  The program focuses on several areas, including access
to health care, providing world-class care, the use of the latest
technology, recruiting and retaining a highly educated workforce and
collaborating with other organizations.
      More specifically, the new funds will be used to increase the
number of mobile clinics, establish new outpatient clinics, expand
fee-based care, explore collaborations with federal and community
partners, accelerate the use of telemedicine deployment, and fund
innovative pilot programs. 
      The new funds will be distributed according to the proportion of
veterans living in rural areas within each VA regional health care
system, called VISNs, for "Veterans Integrated Service Networks."
      VISNs with less than 3 percent of their patients in rural areas
will receive $250,000.  Those with population of rural veterans between
3 percent and 6 percent will receive $1 million each.  And VISNs with
more than 6 percent of their veterans population in rural areas will
receive $1.5 million.

Special VA Funding for Rural Health
(By VISN number and VISN Headquarters)

#1. Bedford, Mass., $1 million
#2. Rochester, N.Y., $1 million
#3. New York, N.Y., $250,000
#4. Wilmington, Del., $1 million
#5. Baltimore, Md., $250,000
#6. Durham, N.C., $1.5 million
#7. Atlanta, Ga., $1.5 million
#8. Bay Pines, Fla., $1 million
#9. Nashville, Tenn., $1.5 million
#10. Cincinnati, Ohio, $1 million
#11. Ann Arbor, Mich., $1 million
#12. Chicago, Ill., $1 million
#15. Kansas City, Mo., $1.5 million
#16. Jackson, Miss., $1.5 million
#17. Arlington, Texas, $1 million
#18. Mesa, Ariz., $1 million
#19. Denver, Colo., $1 million
#20. Vancouver, Wash., $1 million
#21. Palo Alto, Calif., $1 million
#22. Long Beach, Calif., $250,000
#23. Lincoln, Neb., $1.5 million

VA Launches Partnership for NGO Outreach
Peake: VA Tapping the Power of Communities

WASHINGTON (Jan. 7, 2009) -- The Department of Veterans Affairs (VA) has
announced a new partnership to help non-government organizations (NGOs)
plan, improve and carry out their own programs on behalf of veterans,
their families and their survivors.

"VA has a track record of success in working with non-profit groups and
businesses that have their own programs for veterans, but we can do
more" said Secretary of Veterans Affairs Dr. James B. Peake. "By tapping
into the power and resources of NGOs, we can ensure more veterans,
families and survivors receive not only VA services, but also other
assistance in their own communities."

Under the new NGO Gateway Initiative, launched today with the Veterans
Coalition Inc., a non-profit organization formed more than two years ago
by several major national veterans groups, the Veterans Coalition is
available to assist NGOs in identifying the unmet needs of veterans,
families and survivors, working with VA to help minimize duplication of
effort and confusion among NGOs with programs for veterans.  In
addition, the program will encourage continuous feedback from NGOs on
issues such as physical and mental health, employment, and satisfaction
with government services and benefits affecting veterans.

"The Veterans Coalition is dedicated to marshalling energy and resources
from all communities to better serve service members, veterans and their
families", said Harry Walters, chairman of the Veterans Coalition and
former administrator of the Veterans Administration. "Together we can do
a better job than any of us can do alone."

VA will provide a senior-level, career federal employee to serve as an
ombudsman to assist NGOs with their programs to serve veterans.  To
ensure a cooperative relationship, VA's deputy secretary will serve as a
non-voting advisory liaison to the group's board of directors.

VA has a long tradition of working with national veterans service
organizations on programs benefitting all veterans.  VA also has had
close relationships with private-sector groups, churches, charities and
other non-profit organizations that provide housing for homeless
veterans.  This new gateway initiative is one more way to extend
services to our veterans.


_______________________________________________

VA Assisting Veterans with Health Care Costs

WASHINGTON (Jan. 6, 2009) -- For veterans struggling financially due to
a job loss or decreased income, the Department of Veterans Affairs (VA)
offers an assortment of programs that can relieve the costs of health
care or provide care at no cost. 

"With the downturn in the economy, VA recognizes that many veterans will
feel the effects," said Secretary of Veterans Affairs Dr. James B.
Peake. "Therefore, it is important that eligible veterans learn of the
many ways VA has to help them afford the health care they have earned."

Veterans whose previous income was ruled too high for VA health care may
be able to enter the VA system based upon a hardship if their current
year's income is projected to fall below federal income thresholds due
to a job loss, separation from service or some other financial setback.
Veterans determined eligible due to hardship can avoid copays applied to
higher-income veterans.  Qualifying veterans may be eligible for
enrollment and receive health care at no cost. 

Also eligible for no-cost VA care are most veterans who recently
returned from a combat zone.  They are entitled to five years of free VA
care.  The five-year "clock" begins with their discharge from the
military, not their departure from the combat zone.

Each VA medical center across the country has an enrollment coordinator
available to provide veterans information about these programs.
Veterans may also contact VA's Health Benefits Service Center at
1-877-222 VETS (8387) or visit the VA health eligibility website at
www.va.gov/healtheligibility .

VA Sends Latest Gulf War Illness Report to IOM for Review

WASHINGTON (Dec. 1, 2008) -- The Department of Veterans Affairs (VA) has
sent the October 2008 report from the VA Research Advisory Committee on
Gulf War Veterans' Illnesses to the National Academy of Sciences'
Institute of Medicine (IOM) for review and recommendations.

The October report from the advisory committee identified potential
causes for -- and asserted that research supports the existence of -- a
multi-symptom condition resulting from service in the 1990 - 1991 Gulf
War, which the committee identified as Gulf War Illness (GWI).

Because VA has traditionally and by law relied upon IOM for independent
and credible reviews of the science behind these particular veterans'
health issues, Secretary of Veterans Affairs Dr. James B. Peake has
asked IOM to review the advisory committee's report before VA officially
responds to the report's conclusions.

"I appreciate the committee's work on this report, and I am eager to see
the results of further independent study into their findings," Peake
said. "Of course, VA will continue to provide the care and benefits our
Gulf War veterans have earned through their service, as we have for more
than a decade."

VA has long recognized conditions, granted benefits and provided health
care to Gulf War veterans suffering from a broad range of symptoms, even
though these conditions have not been scientifically recognized as a
specific disease or injury or GWI.

These include chronic fatigue, persistent rashes, hair loss, headaches,
muscle pain, joint pain, neurologic symptoms, neuropsychological
symptoms (such as memory loss), respiratory system symptoms, sleep
disturbances, gastrointestinal symptoms, cardiovascular symptoms,
abnormal weight loss and menstrual disorders.

New information concerning VBA Policy on Management of Veterans' and other Governmental Paper Records

VBA Letter 20-08-63 

Dated 14 Nov 2008

________________________

FYI UPDATE: VA RESPONDS TO SERVICE ORGS'
RECOMMENDATIONS ON DOCUMENT HANDLING --


UPDATE: VA RESPONDS TO SERVICE ORGS'

RECOMMENDATIONS ON DOCUMENT HANDLING --

VA developing policy that affords veterans the benefit

of the doubt as to whether they had a document

or evidence lost or improperly handled.


All stories regarding the VA's shredder and document handling scandal can be found on this page... click here...
http://www. vawatchdog. org/VAshredderscandal. htm

See below:

by Larry Scott



On Wednesday, November 5, 2008, officials of the Veterans' Benefits Administration (VBA) of the Department of Veterans' Affairs (VA) met with leaders of a number of veterans' service organizations (VSOs).


The VSOs had made recommendations to VBA about document handling, shredding and the general mess currently at VBA's Regional Offices (VAROs). All articles about VA shredding and document handling are here...

Put on your reading glasses, because we have a number of documents.


1. List of recommendations and the VA response.


2. The draft of the VBA's new policy on document handling. Original of #1 and #2 is here...

3. A letter from VA Secretary Peak to Senators regarding the shredder scandal. Original of #3 is here...

Below is the list of recommendations and VA's response.




Recommendations from Meeting with Veterans Service Organizations

Recommendation 1: VA should develop an informal process to accept late-flowing documents subject to a review board.


VA Response: The Compensation and Pension Service is developing a policy for handling assertions from claimants and veterans' representatives that a claim or evidence was submitted to the VA and not properly considered. The policy will provide for a relaxed evidentiary burden for a limited period of time.


Recommendation 2: VA should conduct a stand-down to search for loose documents.


VA Response: Procedures have been developed regarding the disposition and disposal of all documents in VBA's custody. These procedures will include a search for loose documents.


Recommendation 3: VA should research how other organizations have encountered similar incidents.


VA Response: VA is developing a policy that is consistent with the law and regulations, yet affords veterans the benefit of the doubt as to whether they had a document or evidence lost or improperly handled.


Recommendation 4: VA should expand the search for shred mail to the Office of General Counsel (OGC) and the Board of Veterans Appeals (BVA).


VA Response: VBA has informed OGC and BVA of this recommendation.


Recommendation 5: VA should consider notifying claimants of the evidence in VA's possession prior to rendering a decision on their claim.


VA Response: VA does not concur with this recommendation as the Rating Decision clearly lists the evidence considered in the decision. Further, claimants have one year from the date of the VCAA notice to submit new evidence and they have one year from the date of the decision notification letter to file a Notice of Disagreement. Both of these protections afford claimants an opportunity to ensure that all of the evidence in support of their claim was considered.


Recommendation 6: Add a paragraph in the award notification letter informing claimants that they should review the evidence considered in their Rating Decision.


VA Response: Concur.


Recommendation 7: VA should inform claimants in the VCAA Notice letter that they should keep a copy of claims and evidence submitted to VA in support of their claim.


VA Response: Concur in principle, however VA is considering whether this poses an undue hardship on claimants.


Recommendation 8: Issue press release informing claimants that they should review the evidence used to render a decision on their claim.


VA Response: VA will issue a press release informing veterans about this incident and what they should do.


Recommendation 9: VA should develop a rights and responsibilities pamphlet.


VA Response: VA is exploring this recommendation.


Recommendation 10: VA should review Public Contact logs when attempting to corroborate a claimant's assertion that they previously submitted a claim or evidence that was not considered.


VA Response: Concur.




Below is the draft of VBA's new policy on document handling.




DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C.
20420
November XX, 2008 DRAFT DRAFT
VBA Letter 20-09-XX

Director (00)
All Regional Offices and Centers

SUBJ: VBA Policy on Management of Veterans' Paper Records 1.
Purpose

This letter establishes additional policies for the maintenance, review, and appropriate destruction of veterans' paper records located in all VBA facilities and worksites, including VBA Headquarters facilities, all regional offices and centers, outbased sites, and briefing locations, as well as for approved work-at-home or telecommuting sites. These policies are for immediate implementation.


The moratorium on shredding remains in place at each facility/work site until the regional office director certifies to his/her area director that the policies outlined in this letter have been fully implemented.


Directors will ensure all VBA employees, contractors, co-located employees of other federal and state agencies (e.g., DOL employees), volunteers, and veterans service organization (VSO) staff located within their facilities and under their areas of organizational responsibility receive a copy of this policy letter and fully implement it.


2.
New Positions/Responsibilities

Two new positions are established to ensure the appropriate management and safeguarding of veterans' records as follows:

a. Records Management Officers (RMOs) will be responsible for overseeing all programs established for the management of veterans' records. Enclosure 1 is the standardized RMO position description. Further description of RMO duties and responsibilities is provided in enclosure 2. Directors will immediately designate a full-time Acting Records Management Officer pending hiring a permanent RMO. Requests to establish more than one RMO must be approved by your area director. Also, small offices must receive approval from their area director if they propose to establish the RMO position as less than full-time. The Associate Deputy Under Secretary for Management will determine the appropriate number of RMOs for the Headquarters organization.


b. Division Records Management Officers (DRMOs) will be designated by directors through delegations of authority. DRMO duties will be collateral. It is recommended that one DRMO be designated for every 15 employees in the division. The director will determine the appropriate number of DRMOs at a regional office or other VBA facility to fully carry out the DRMO responsibilities. Further description of DRMO duties and responsibilities is provided in enclosure 3. All Headquarters Service and Staff Office Directors will designate the appropriate number of DRMOs for their organization.


3.
Document Destruction Policy for All VBA Benefit Programs

a.
Individual Employee Shredding Envelopes

Each employee will be given a red Optional Form 65 (OF65) envelope that will be used as a "shredding envelope." The envelope will be labeled with the employee's name. Regional offices are to purchase sufficient quantities of red OF65 envelopes for all employees under their jurisdiction. Envelopes shall be either the 10X13 or 12X16 size.


b.
Documents Requiring Two Signatures

Documents identified for destruction that could potentially affect benefit entitlement require the employee's signature, as well as the signature of the employee's supervisor, before they can be destroyed. These documents would under most circumstances be duplicates of documents already of record in the claims file.


Documents requiring two signatures before destruction include all application forms, as well as supporting evidence submitted by the claimant or the claimant's representative, all evidence received from third parties in support of a claim, and other VA claims records (e.g., Capri records, copies of medical examinations, etc.). Additionally, all computer-generated writeouts that could potentially result in an adjustment to a veteran's or other beneficiary's award must have two signatures before destruction.


The following steps will be taken when employees identify claims-related documents for destruction meeting the above criteria:

1. Documents will be bundled by beneficiary name.

2. Employee will initial, date, and annotate the reason for destruction, (e.g., "duplicate record").

3. Employee will hand carry the document, along with the claims folder (if needed to determine the appropriateness of the destruction) to his/her supervisor for review and approval.

4. Supervisor will review and, if destruction is approved, initial and date the document· If destruction is determined inappropriate, the supervisor will provide additional records management training to the employee.

5. The employee will place the document(s) in the red OF65 envelope.

Each day (or other frequency as determined appropriate by the
director) the OF65 envelope will be hand carried to the Division
Records Management Officer (DRMO).

6.
The DRMO will review the envelop for appropriateness of destruction
and forward appropriate materials in the envelop to the RMO.

7. The RMO will place the materials in the shredding bin, as appropriate.


c.
Internally Generated Papers Not Requiring Signature

Screen or award prints and other system-generated prints and work papers that are not appropriate for inclusion in the claims record must be placed in the OF65 shred envelope. It is not required that these be initialed or dated, but they are subject to review by the DRMO and the RMO and must be shredded.


d.
All Other Paper in Employees' Work Environment

In order to effectively control and manage the document destruction process, all paper in VBA employees' work environment, even if it does not contain any PII and it is not related to any specific claim, will be placed in the OF65 for shredding. There will be no separate recycling bins for paper. Papers will not be placed in trash receptacles. All paper must be shredded and then recycled as appropriate.


4.
Procedures for Outbased Locations and Work-at-Home Employees

Outbased locations are authorized to have shredders that comply with VA standards. Staff members at these locations are required to follow the same document-destruction procedures outlined in paragraph 3 above. Local supervisors must be the designated DRMO and the officer-in-charge the RMO.


Outbased locations staffed by only non-supervisory employees and work-at-home employees are not authorized to destroy any paper documents. Claims-related documents must be initialed and dated by the employee and annotated with reason for destruction. All paper must be brought to the regional office or sent to the regional office via Federal Express on a regular schedule for review and disposition by the Records Management Officer.


5.
Guidance on Method of Shredding

Paper recycle bins are no longer authorized at VBA facilities. All paper will first be shredded, and then recycled as appropriate.


The use of shredding service contracts is preferred unless a contract is not available or it is operationally inefficient to use a contract due to special local conditions. If a shredding service contract is used to dispose of VA documents, the facility Records Management Officer must witness the destruction. Material should not be transported away from the VA office before destruction. The destruction of restricted records must be completed by pulping, macerating, shredding, or otherwise definitively destroying the information contained in the records.


Access to shredders, shredder bins, or other methods of document destruction will be strictly controlled and limited to senior management, RMOs, and DRMOs at all VBA locations. Shredders and shredder bins are to be kept secure with locks or in locked rooms.


6.
How to Handle Destruction of Sensitive Materials

Sensitive records maintained by supervisors, human resources, union representatives, and veterans service organizations should be delivered directly to the RMO in a sealed envelop, with the source and type of documents clearly identified on the outside, and signed by the appropriate official.


7.
Maintenance of Government Records in the Workplace

All official claims folders and claims-related documents must be stored in open areas on desks, in clearly marked claims file banks, or unlocked file drawers specifically provided to employees for storage of cases under their jurisdiction. Enclosures 4 and 5 provide more detailed guidance and also provide guidance for employees working at home, employees engaged in outreach activities where claims or evidence is received and employees engaged in off-site activities.


Supervisors are responsible to ensure adherence to all aspects of this policy, to include inspection of employee work stations.


8.
VA National Rules of Behavior

VA Handbook 6500, Appendix G, Department of Veterans Affairs (VA) National .Rules of Behavior, dated September 18, 2007, must be signed annually. The Rules of Behavior (ROB) establish responsibilities and expected behavior of all employees regarding the appropriate use and protection of information that is used to support VA's missions and functions. These guidelines also state clearly the consequences of behavior that is not consistent with these rules of behavior.


All employees must sign the VA National Rules of Behavior (see enclosure 6) . The employee must initial and date each page of the ROB, complete the information requested on the last page, sign and date it, and return to their supervisor by November 7, 2008.


9.
Questions

Questions may be directed to the Associate Deputy Under Secretary for Management or to your area director.


P. W.
Dunne
Under Secretary for Benefits



And, below is VA Secretary Peake's letter to Senators about the shredder / document problems at VBA.




THE SECRETARY OF VETERANS AFFAIRS
WASHINGTON
October 31, 2008
United States Senate Washington, DC 20510

Dear Senator

I am writing to advise you of the actions the Department of Veterans Affairs (VA) is taking to address the Office of Inspector General's (OIG's) findings that veterans' claims documents had been improperly identified by VA regional offices for shredding. This problem was uncovered by the OIG during an audit to determine if the Veterans Benefits Administration (VBA) regional offices have effective controls for the accurate and timely processing of claims-related mail. VA regional offices receive approximately 25 million claims-related documents through the mail every year.


The OIG audited four regional offices (Detroit, St. Louis, St. Petersburg, and Waco) and discovered documents had been inappropriately placed in the shred bins, affecting between two and five veterans at each office. VBA immediately ceased all shredding activities while a nationwide review was conducted of all documents in shred bins. Approximately 500 documents that could potentially affect a claimant's entitlement to benefits were found improperly placed in shred bins at various regional offices. These regional offices are taking appropriate action on all of the documents found.


I am deeply concerned that improper actions by VA employees could have caused any veterans to receive less than their full entitlement to the benefits they earned through their service to our Nation. I have directed that immediate action be taken to address this most serious issue. Document shredding will not be resumed until we ensure measures are in place to prevent future incidents of employees inappropriately discarding veterans' paperwork.


Our action plan includes establishment of a special Records Control Team that is currently meeting to strengthen our policies and procedures for the protection of veterans' records and the proper handling and disposal of documents. Our new procedures will require employees to date and initial all claims-related documents they have determined are appropriate for shredding. Employees will forward all claims documents identified for shredding to their supervisor for approval.
This two-person review and approval process will be required prior to the destruction of any claims document·

Employees will maintain all documents to be shredded in a special receptacle, which will be open to spot checks by their supervisor. We also are creating a Records Control Officer at every regional office to strengthen oversight of all records management and disposal activities. Reviews of documents identified for shredding will be integrated into the site visits performed by Headquarters program offices and area offices. Regional offices will also be subject to unannounced site visits.


Special training is being conducted this week on the proper handling and disposal of documents. The training emphasizes every employee's responsibility for protecting the documents and records entrusted to our care by those we serve. Directors are required to certify to their Area Director that all employees completed the training by November 3, 2008. Additionally, a separate training module on ethics will be developed and administered in November.


A workgroup convened this week to determine how to handle, in the fairest manner possible, the claims from veterans and their families who may have been affected by inappropriate destruction of documents. This workgroup will confer with the veterans service organizations, with whom we have already been in dialog, and our oversight committees in Congress before finalizing our policy.


The OIG is continuing its investigation of those cases where inappropriate shredding may be traceable to a specific employee or employees. I assure you that legal and disciplinary action will be pursued to hold accountable any employee who has acted improperly.


VBA briefed the majority and minority staff members of both the Senate and House Veterans' Affairs Committees on this situation. A briefing has been also provided to the six largest veterans service organizations. We will continue to frequently update you and the other members of our oversight committees, as well as our other stakeholders, on our ongoing actions to ensure we are fulfilling our obligations to protect and serve our Nation's veterans.


The shredding of documents that affect the benefits of veterans cannot be excused. As I have testified, we must move rapidly to the paperless processing of claims. There is no excuse for failing to leverage industry standards and technology in support of our veterans.


Sincerely yours,
James B.
Peake,

NVS Weekly Updates – October 31, 2008

Fast Letter 08-34, 10/10/2008. Revised Traumatic Brain Injury (TBI) Worksheet,

Effective immediately, a revised TBI disability examination worksheet is available for national use. 

Fast Letter 08-33, 10/10/2008, Updated Audio Compensation and Pension Examination Worksheet.

As a result of the Martinak v. Nicholson decision, the requirement for the audiologist to comment on the effects of the condition on occupational functioning and daily activities has been reinstated.  It replaces the requirement for the audiologist to comment on the situation of greatest difficulty. In addition the questions for tinnitus have been revised to clarify what is required.

Fast Letter 08-32, 10/8/2008,  Agent Orange Outreach Letter

 An outreach letter is being sent to approximately 28,000 Vietnam veterans.  This letter provides information about the presumptive conditions for "in-country" Vietnam veterans.  The letter lists the presumptive conditions and provides information on how to apply for compensation and/or pension benefits.  This outreach campaign will result in additional compensation claims from Vietnam veterans as well as increased inquiries on the topic of Agent Orange. 

Fast Letter 08-31, 10/7/2008, Interim Final Rule:  Presumption of Service Connection for Amyotrophic Lateral Sclerosis (ALS)

Rescinds Fast Letter 01-100, Call Up and Identification of Cases of Gulf War Veterans with Amyotrophic Lateral Sclerosis (ALS)/Lou Gehrig's Disease, dated December 19, 2001.

An interim final rulemaking establishing a presumption of service connection for amyotrophic lateral sclerosis (ALS) for any veteran who develops the disease at any time after separation from service was published in the Federal Register on September 23, 2008 at 73 FR 54691.  This rulemaking is necessary to implement a decision by the Secretary to establish such a presumption based primarily on a November 2006 report by the National Academy of Sciences Institute of Medicine (IOM) on the association between active service and ALS.

ALSO ATTACHED IS THE LATEST INFO ON TBI AND SCARS RATING.  PLEASE READ!!! 

38 Code of Federal Regulations (CFR) Part 3 Changes

New pages to Part 3 of 38 CFR can be found at: http://www.warms.vba.va.gov/regs/38CFR/BOOKb/supple-b-82.pdf

These changes should be reviewed as they will have a direct impact on processing future claims.

38 Code of Federal Regulations (CFR) Part 4 Changes

New pages to the Rating Schedule may be found at: http://www.warms.vba.va.gov/regs/38CFR/BOOKc/supple-c-45.pdf

These changes reflect changes in the Rating Schedule as to Diagnostic Codes and rating percentages.

This Update is a service provided by the National Veterans Service of the Veterans of Foreign Wars.  It is intended as a summary of items of potential interest to and use by Department Service Officers and their staff.  Readers are encouraged to thoroughly review the original documents which are the source of items found in this Update. 

Release No. 10-14-08

Oct. 30, 2008

DOD announces 2009 retired, annuitant pay adjustments

WASHINGTON (AFRNS) -- Based on the increase in the U.S. Consumer Price Index, there will be a cost-of-living adjustment increase for retired pay and Survivor Benefit Plan annuities effective Dec. 1, according to Pentagon officials.

Retirees being paid on an account where the retiree first became a member of the uniformed services before Sept. 8, 1980 and retired before Jan. 1, 2008 will receive the full COLA increase of 5.8 percent.  Retirees being paid on an account where the retiree first became a member of the uniformed services before Sept. 8, 1980 and retired Jan. 1 to Dec. 31, 2008 will receive a COLA increase of up to 5 percent. 

The COLA increase for retirees being paid on an account where the retiree first became a member of the uniformed services on or after Sept. 8, 1980 will be as follows:

--  5.8 percent for those retiring before Jan. 1, 2008

--  5 percent for those retiring in the first quarter of calendar 2008

--  3.8 percent for those retiring in the second quarter of calendar 2008

--  1.2 percent for those retiring in the third quarter of calendar 2008

--  No increase for those retiring in the fourth quarter of calendar 2008

Retirees who first became a member of the uniformed services on or after Aug. 1, 1986, elected to receive a Career Status Bonus, and retired before Jan. 1, 2008, will receive a COLA as follows:

--  4.8 percent for those retiring before Jan. 1, 2008

--  4.2 percent for those retiring in the first quarter of calendar 2008

--  3.3 percent for those retiring in the second quarter of calendar 2008

--  1 percent increase for those retiring in the third quarter of calendar 2008

--  No increase for those retiring in the fourth quarter of calendar 2008

The COLA increase will be reflected in the Jan. 2 payment. 

For more information, contact the Defense Finance and Accounting Service at (800) 321-1080, or visit the DFAS Web site at www.dfas.mil/index.html.

New Law Authorizes Veterans' Salutes during National Anthem

WASHINGTON (Oct. 30, 2008) -- Veterans and active-duty military not in
uniform can now render the military-style hand salute during the playing
of the national anthem, thanks to changes in federal law that took
effect this month.

"The military salute is a unique gesture of respect that marks those who
have served in our nation's armed forces," said Secretary of Veterans
Affairs Dr. James B. Peake. "This provision allows the application of
that honor in all events involving our nation's flag."

The new provision improves upon a little known change in federal law
last year that authorized veterans to render the military-style hand
salute during the raising, lowering or passing of the flag, but it did
not address salutes during the national anthem.  Last year's provision
also applied to members of the armed forces while not in uniform.

Traditionally, members of the nation's veterans service organizations
have rendered the hand-salute during the national anthem and at events
involving the national flag while wearing their organization's official
head-gear. 

The most recent change, authorizing hand-salutes during the national
anthem by veterans and out-of-uniform military personnel, was sponsored
by Sen. Jim Inhofe of Oklahoma, an Army veteran.  It was included in the
Defense Authorization Act of 2009, which President Bush signed on Oct.
14. 

The earlier provision authorizing hand-salutes for veterans and
out-of-uniform military personnel during the raising, lowering or
passing of the flag, was contained in the National Defense Authorization
Act of 2008, which took effect Jan. 28, 2008.

NVS Weekly Updates – October 29, 2008

New VA Home Loan Guaranty Provisions

On October 10, 2008, the President signed S. 3023, the Veterans' Benefits Improvement Act of 2008. Following are the three major impacts to the VA Home Loan Guaranty Program:

1. Authority to guarantee adjustable rate mortgages (ARMs) and hybrid adjustable rate mortgages (HARMs) has been extended through September 30, 2012.

2. The maximum guaranty for cash-out refinance loans has been made the same as purchase loans - they are no longer limited to $36,000. In addition, cash-out refinance loans may now be made up to 100% of the appraised value of the home.

3. The temporary increase to the maximum guaranty has been extended through December 31, 2011. When combined with new locality-based Freddie Mac conforming loan limit in January 2009, VA's maximum county “loan limit” will be $1,094,625 ($1,641,937.50 in Alaska, Guam, Hawaii, and the Virgin Islands). This results in unique county "loan limits" for VA.

Note: The significance of number 2, above, is that veterans with adjustable rate (and other) mortgages may be able to refinance through the VA for the first time with no money down.

VA Issues Interim Final Rule on Post Traumatic Stress Disorder (PTSD)

Effective October 29, 2008, VA eliminated the requirement that in-service stressors must be verified in cases where a diagnosis of PTSD was made during service.  This amendment is necessary to facilitate the proof of service connection in such claims. By this amendment, VA intends to reduce claim-processing time for such claims.

More information on this interim rule may be found at: http://edocket.access.gpo.gov/2008/E8-25735.htm.

Loss of Control Puts Vets Documents at Risk

VA's inspector general initiated an investigation in October after discovering more than 10 veterans’ documents in shredder room bins at VA regional offices in Detroit, St. Louis, St. Petersburg, FL, and Waco, TX.  VA ordered an immediate freeze on further document shredding while its officials tried to determine if the problem was more widespread.  It was.

On October 23, VA told VFW that nearly 490 documents had been recovered from its 57 regional offices. Sixty percent of the documents recovered were found in shredder bins in Columbia, SC, St. Louis and Cleveland.  VA is still checking to see if some of those documents were duplicates already present in claims files.

Note:  VFW is working with VA to ensure that veterans with missing records are not adversely effected by this problem.  Suggest to veterans that they:

·        Submit all claims and evidence through your office;

·        Keep copies of all claims and evidence they submit directly to VA;

·        Note dates documents were mailed to VA

·        Let you know if they hear nothing from VA within 45 days of filing a claim with VA since VA should acknowledge all claims within 30 days.

Security of Claimant Information

Regional Office and the VFW Policy and Procedure clearly state that information concerning a claimant may not be released to another person or organization without the express written authorization of the claimant.

This means that VFW service officers, claims consultants and staff may not provide any individually identifiable information to a county or state service officer without the claimant’s express written consent. 

This Update is a service provided by the National Veterans Service of the Veterans of Foreign Wars.  It is intended as a summary of items of potential interest to and use by Department Service Officers and their staff.  Readers are encouraged to thoroughly review the original documents which are the source of items found in this Update. 

COLA boost higher than pay raise

Enhanced VA Mortgage Options Now Available for Veterans


Of Potential Benefit to Those in Financial Distress


WASHINGTON (Oct.24) -- Veterans with conventional home loans now have
new options for refinancing to a Department of Veterans Affairs (VA)
guaranteed home loan.  These new options are available as a result of
the Veterans' Benefits Improvement Act of 2008, which the President
signed into law on October 10, 2008.



"These changes will allow VA to assist a substantial number of veterans
with subprime mortgages refinance into a safer, more affordable, VA
guaranteed loan," said Secretary of Veterans Affairs Dr. James B. Peake.
"Veterans in financial distress due to high rate subprime mortgages are
potentially the greatest beneficiaries."



VA has never guaranteed subprime loans.  However, as a result of the new
law VA can now help many more veterans who currently have subprime
loans.



The new law makes changes to VA's home loan refinancing program.
Veterans who wish to refinance their subprime or conventional mortgage
may now do so for up to 100 percent of the value of the property.  These
types of loans were previously limited to 90 percent of the value. 



Additionally, Congress raised VA's maximum loan amount for these types
of refinancing loans.  Previously, these refinancing loans were capped
at $144,000.  With the new legislation, such loans may be made up to
$729,750 depending on where the property is located.



Increasing the loan-to-value ratio and raising the maximum loan amount
will allow more qualified veterans to refinance through VA, allowing for
savings on interest costs or even potentially avoiding foreclosure.



Originally set to expire at the end of this month, VA's authority to
guaranty Adjustable Rate Mortgages (ARMs) and Hybrid ARMs was also
extended under this new law through September 30, 2012.  Unlike
conventional ARMs and hybrid ARMs, VA limits interest rate increases on
these loans from year to year, as well as over the life of the loans. 

Since 1944, when home loan guaranties were offered with the original GI
Bill, VA has guaranteed more than 18 million home loans worth over $911
billion.  This year, about 180,000 veterans, active duty servicemembers,
and survivors received loans valued at about $36 billion.



For more information, or to obtain help from a VA Loan Specialist,
veterans may call VA at 1-877-827-3702 or visit www.homeloans.va.gov
<http://www.homeloans.va.gov/> .

VA Announces "In House" Option to Implement IT Aspects of New GI Bill

WASHINGTON (Oct. 10, 2008) -- The Department of Veterans Affairs (VA)
announced today that it will rely upon its own workforce to set up the
information technology programs needed to implement the educational
benefits of the new Post-9/11 GI Bill.

The Department's announcement came after VA officials did not receive
enough proposals from qualified private-sector contractors to create an
information technology program that implements the new benefit.  At no
time did VA consider contracting out responsibility for actually
administering this educational assistance.

"Many private contractors were apparently reluctant to offer proposals
because of external misconceptions as to the scope of the work involved.
While it is unfortunate that we will not have the technical expertise
from the private sector available to assist us in developing the
information technology solution, the VA can and will deliver the
benefits program on time," said Secretary of Veterans Affairs Dr. James
B. Peake.

"The Post-9/11 GI Bill is unusually complex, with payments being
tailored to tuition costs and going to both students and educational
institutions," said Patrick W. Dunne, the Under Secretary for Benefits.
"Some benefits are determined by a school's zip code, and others by
in-state rates for tuition."

Dunne said the Department would have been remiss if it had failed to
assess the ability of the private sector to assist VA to set up the
technology aspects of the program's implementation.

The Post-9/11 GI Bill will provide educational assistance to veterans,
military members, reservists and National Guard members who have served
since Sept. 11, 2001.  By law, the new benefits are scheduled to start
on Aug. 1, 2009.

VA
                                    Publishes Interim Rule on Presumption of Service Connection for Amyotrophic Lateral Sclerosis (ALS)

Federal Register, September 23, 2008 (Volume 73,
                                    Number 185 – FR Doc E8-21998) published the interim final rule to establish a presumption of service connection for
                                    Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig’s disease.  This document amends the Department of
                                    Veterans Affairs (VA)adjudication regulations to establish a presumption of service connection for amyotrophic lateral sclerosis
                                    (ALS) for any veteran who develops the disease at any time after separation from service. This amendment is necessary to implement
                                    a decision by the Secretary to establish such a presumption based primarily on a November 2006 report by the National Academy
                                    of Sciences Institute of Medicine (IOM) on the 

association
                                    between active service and ALS.

You are encouraged to read the entire document
                                    at http://edocket.access.gpo.gov/2008/E8-21998.htm. 

VA Publishes Final Rule on Schedule for Rating Disabilities; Evaluation
                                    of Scars

Federal Register, September 23, 2008 (Volume 73,
                                    Number 185 – FR Doc E8-21980) published the final rule on schedule for rating disabilities; evaluation of scars. 
                                    This amendment shall apply to all applications for benefits received by VA on or after October 23, 2008. A veteran whom VA
                                    rated before such date under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118 may request review under
                                    these clarified criteria, irrespective of whether his or her disability has worsened since the last review. The effective
                                    date of any award, or any increase in disability compensation, based on this amendment will not be earlier than the effective
                                    date of this rule, but will otherwise be assigned under the current regulations regarding effective dates, 38 CFR 3.400, etc.

You are encouraged to read the entire document at http://edocket.access.gpo.gov/2008/E8-21980.htm. 

VA Publishes Final Rule on Schedule for Rating Disabilities; Evaluation
                                    of Residuals of Traumatic Brain Injury (TBI)

Federal Register, September 23, 2008 (Volume 73,
                                    Number 185 – FR Doc E8-22083) published the final rule on schedule for rating disabilities; evaluation of residuals
                                    of Traumatic Brain Injury (TBI).  The amendment shall apply to all applications for benefits received by VA on or after
                                    October 23, 2008. The old criteria will apply to applications received by VA before that date.  However, a veteran whose
                                    residuals of TBI were rated by VA under a prior version of 38 CFR 4.124a, diagnostic code 8045, will be permitted to request
                                    review under the new criteria, irrespective of whether his or her disability has worsened since the last review or whether
                                    VA receives any additional evidence. The effective date of any increase in disability compensation based solely on the new
                                    criteria would be no earlier than the effective date of the new criteria. The effective date of any award, or any increase
                                    in disability compensation, based solely on these new rating criteria will not be earlier than the effective date of this
                                    rule, but will otherwise be assigned under the current regulations governing effective dates, 38 CFR 3.400, etc. The rate
                                    of disability compensation will not be reduced based solely on these new rating criteria.

You are encouraged to read the entire document at http://edocket.access.gpo.gov/2008/E8-22083.htm. 

NOTE:  Attached is a news release from the Department of Veterans affairs (VA)
                                    concerning the above Federal Register articles

Information on Dependents Indemnity Compensation
                                    (DIC)Benefits

FOR IMMEDIATE RELEASE

September 23, 2008

VA Announces Changes to the Disability Rating Schedule for Traumatic Brain Injuries and Burn Scars

Increased Compensation Possible for Some Veterans

WASHINGTON – The Department of Veterans Affairs (VA) today announced changes in the way VA will evaluate traumatic brain injuries (TBI) and burn scars for purposes of determining the appropriate level of compensation veterans receive for these injuries.

“These important regulatory changes will allow VA decision makers to better assess the consequences of these injuries and ensure veterans are properly compensated for their residual effects,” stated Secretary of Veterans Affairs Dr. James B. Peake.

VA has revised the Disability Rating Schedule in light of current scientific and medical knowledge in order to provide VA employees with more detailed and up-to-date criteria for evaluating and compensating veterans with these injuries.

Two groups of veterans may be affected by these changes.  The first group includes veterans who will be awarded disability compensation for TBI and burn injuries in the future.  The second group includes veterans already receiving compensation for these injuries whose disabilities are reevaluated under the new criteria.

The effects of blast injuries resulting from roadside explosions of improvised explosive devices have been common sources of injury in the conflicts in Iraq and Afghanistan and appear to be somewhat different from the effects of trauma seen from other sources of injury.

As of September 2008, there are more than 22,000 veterans being compensated for TBI, of whom more than 5,800 are veterans of the conflicts in Iraq and Afghanistan.

Traumatic brain injuries result in immediate effects such as loss or alteration of consciousness, amnesia and sometimes neurological impairments.  These abnormalities may all be transient, but more prolonged or even permanent problems with a wide range of impairment in such areas as physical, mental, and emotional/behavioral functioning may occur.

More than 90 percent of combat-related TBIs are closed head injuries, with most servicemembers sustaining a mild TBI or concussion.  Difficulties after TBI may include headache, sleep difficulties, decreased memory and attention, slower thinking, irritability, and depression.

To view the entire regulation published today in the Federal Register, go to: www.federalregister.gov/OFRUpload/OFRData/2008-22083_PI.pdf.  For more information about VA disability compensation, go to www.va.gov or call 1-800-827-1000.

VA Loans Remain a Strong Option for Veterans

VFW WASHINGTON WEEKLY
July 25, 2008

In This Issue
1. Guard/Reserve Access to VA
2. Agent Orange Bill

NVS WEEKLY UPDATES – July 23, 2008

No Presumption of Service Connection for Gulf War Veterans Exposed to Sarin

In
                                    the Federal Register, July 21, 2008 (Volume 73, Number 140), the Secretary of the Department of Veterans Affairs (VA) has
                                    determined that there is no basis to establish a presumption of service connection for any of the diseases, illnesses, or
                                    health effects discussed in the August 2004 report of the National Academy of Sciences, titled ``Gulf War and Health: Updated
                                    Literature Review of Sarin,'' based on exposure to sarin during service in the Persian Gulf during the Persian Gulf
                                    War. You can find more information at:  http://edocket.access.gpo.gov/2008/E8-16525.htm. 

VA/DFAS Retro Payment Update

Tens of thousands of veterans may not have been paid money owed them by the government because of hasty efforts to clear a massive backlog of claims.  In mid-2006, DFAS had hired Lockheed Martin to help it work through the long list of cases. The government identified some 133,000 veterans who were eligible for money through its "VA Retro" program. The list quickly grew by another 84,000 names because newly retired veterans or those with a changed disability status were being added. Officials finally cleared the backlog this summer, several months after the original deadline.  According to a House of Representatives investigation, officials reached their goal only after lowering their standards. DFAS, the Pentagon's accounting arm, was concerned about the number of errors in Lockheed Martin's work, but eventually suspended quality control procedures to prevent further program delays.

A reminder that anyone who has been denied a Combat Related Special Compensation (CRSC) pay or a DFAS retro payment by DFAS, may appeal such a decision by using DD Form 149 (Application for Correction of Military Record), and forwarding the completed form to the respective Board for Correction of Military Records (BCMR) listed on the reverse of the form.

VA’s On-line Application Website (VONAPP) now Accepts Claims without Claimant’s Signature

The Department of Veterans Affairs (VA) announced that on-line applications are now accepted from veterans, survivors and other claimants filing initial applications for disability compensation, pension, education, and vocational rehabilitation and employment benefits without the additional requirement to submit a signed paper copy of the application. 

Effective immediately, VA will now process applications received through its on-line application website (VONAPP) without the claimant's signature.  The electronic application will be sufficient authentication of the claimant's application for benefits.  Normal development procedures and rules of evidence will still apply to all VONAPP applications. 

VONAPP (www.va.gov/onlineapps.htm) is a Web-based system that benefits both internal and external users.  Veterans, survivors and other claimants seeking compensation, pension, education, or vocational rehabilitation benefits can apply electronically without the constraints of location, postage cost, and time delays in mail delivery. 

VONAPP reduces the number of incomplete applications received by VA, decreasing the need for additional development by VA claims processors.  The on-line application also provides a link to apply for VA health care benefits and much more.

This Update is a service provided by the National Veterans Service of the Veterans of Foreign Wars.  It is intended as a summary of items of potential interest to and use by Department Service Officers and their staff.  Readers are encouraged to thoroughly review the original documents which are the source of items found in this Update. 

Fully Paid Outward Bound Wilderness Excursions for OEF/OIF Veterans

Outward Bound, an international non-profit outdoor education program, is offering fully funded outdoor adventure excursions to all OEF/OIF veterans.  It doesn’t matter what your current military status is (active, inactive, discharged, retired) – you’re eligible to attend as long as you deployed in support of OEF/OIF combat operations while in the military. 

VA, Monster Partner for Veteran Job Seekers
Veteran-Owned Businesses Listed

WASHINGTON (July 22, 2008)- In a new plan to help veterans find jobs,
the Department of Veterans Affairs (VA) has partnered with Monster
Government Solutions, a division of Monster Worldwide, Inc., a company
that markets online employment services to employers and job seekers.

Part of VA's mission is to assist veterans to gain employment.  Monster,
in partnership with VA's Center for Veterans Enterprise, provides
veteran-owned small businesses the opportunity to post job openings for
veterans, including service-disabled veterans, at a large price
discount.  Monster will post the job openings for 60 days, twice as long
as for other employers.

"This government-corporate partnership represents the best kind of
effort to help those who gave up time in their lives to serve their
country and return to an economic community that may not recognize their
skills," said Secretary of Veterans Affairs Dr. James B. Peake. "The
program should make it easier for employers to find qualified job
candidates as well as veteran suppliers and service contractors."

To participate in Monster job listings, veteran business owners must be
listed in VA's online Vendor Information Pages (VIP) maintained by the
Department's Center for Veterans Enterprise at http://www.VetBiz.gov.

In addition to helping veteran owners get business from other companies
and prospective veteran employees find jobs, VA's VIP pages will give
Monster a source for purchasing services itself and VA will refer
appropriate, listed suppliers to Monster.

The VA-Monster agreement is initially for two years and provides for
extensions.

VFW Washington Weekly
July 21, 2008

In This Issue:
1. FY2009 VA Funding Bill
2. House VA Committee Action
3. VA Outreach Hearing
4. SECDEF Recommends New Guard Chief

1. FY2009 VA Funding Bill: The Senate Appropriations Committee unanimously cleared its version of the 2009 VA Funding Bill. The bill provides $72.7 billion in discretionary funding for military construction and Veterans Affairs. This is about $5 billion more than the current fiscal year, and is in line with the House Appropriations Committee's recommendations. It includes:
$47.7 billion in total VA discretionary funding.
$41.1 billion for VA health care.
$1.2 billion for VA construction projects, nearly double the president's request, and $1.1 billion for hospital maintenance and repairs.
$84 million more than the president's request for medical and prosthetic research.
$350 million to help certain higher income Category 8 veterans to begin enrolling in VA.
$250 million targeted to the care of rural veterans.
The bill now moves to the floor of the Senate for a vote.

2. House VA Committee Action: The House Veterans Affairs Committee cleared seven benefit-related bills which now move to the floor for final passage. Among the bills is HR 6445, which will eliminate co-payments for catastrophically disabled veterans. VFW Resolution 639 supports this action. The VFW also supports other features of HR 6445 that would direct VA to develop and implement a comprehensive policy on the management of pain, mandate the VA to centralize third party billing, and allow family members of veterans receiving non-service connected treatment to be eligible for counseling.

Some of the other bills passed by the committee include:
HR 1527 would create a three-year pilot program to allow certain rural veterans to receive covered health services through outside providers. The bill defines rural veterans as one who lives at least 60 miles from a VA facility that provides primary care and 120 miles from an acute care provider.
HR 6225 would improve Servicemember Civil Relief Act and USERRA protections by capping interest rates at 6% during deployments, requiring institutes of higher learning to refund tuition and fees, as well as guarantee service members a place when they return to school. It will also allow service contracts to be terminated or suspended without penalty while on deployment.
For the entire list of bills and the House VA Committee press release, visit their website at: http://veterans.house.gov/

For more information on the bills, type the bill number into the search box at: http://thomas.loc.gov/

3. VA Outreach Hearing: The House subcommittee on Oversight and Investigations talked to servicemembers, marketing and policy experts on how the VA can increase awareness of its programs to the newest generation of veterans. Subcommittee Chairman Harry Mitchell (D-AZ) believes that VA needs to reach out to current OIF/OEF veterans through Internet sites such as Facebook and television advertisements. Iraq veteran and National Guard member Liz O'Herrin testified that e-mail and other electronic modes of communication are critical today's veterans, whereas the VA still relies on mail, often to outdated addresses. She suggested that VA allow veterans to use their e-mail address as a way of communication. She also suggested that the creation of an electronic mail enrollment form by VA would enable veterans to select the areas they are interested in learning about regarding disability, healthcare and education benefits. Lisette Mondello, assistant VA secretary for public and intergovernmental affairs, said VA is looking into several types of advertising markets, including social marketing and internet-based, nontraditional media, to help pass on its message. For more about the hearing, go to: http://veterans.house.gov/hearings/hearing.aspx?newsid=278

4. SECDEF Recommends New Guard Chief: Defense Secretary Robert Gates has recommended to the president that Air Force Lt. Gen. Craig R. McKinley be nominated as the next Chief of the National Guard Bureau. McKinley is presently serving as the Director of the Air National Guard. With his pending nomination and Senate confirmation comes a promotion, as the FY2008 National Defense Authorization Act elevated the NGB chief to a four-star billet. Gates also announced that he is recommending the current NGB chief, Army Lt. Gen. H. Steven Blum, take over as the first guardsman to be the deputy commander of U.S. Northern Command, which oversees security in North America.

PRESIDENT SIGNS NEW GI BILL INTO LAW

10-year VFW lobbying effort comes to fruition

KANSAS CITY, Mo. (June 30, 2008) – President Bush’s signature today on a new GI Bill for the 21st Century is being hailed by the Veterans of Foreign Wars of the U.S. as a tremendous victory for a new generation of military servicemen and women who have been at war for almost seven years. 

"This is a tremendous victory for America's veterans, military and their families," exclaimed VFW national commander George Lisicki, a Vietnam combat veteran from Carteret, N.J. 

"I salute Sen. Jim Webb (D-Va.) for his determination to get this bill passed, the president for his strong support of our military, and the entire VFW membership for their untiring effort to get their congressional delegations to cosponsor S. 22 or its companion bill in the House, H.R. 5740.”

The new 21st Century GI Bill will pay the highest in-state public tuition rate, and provide for books, fees, and a living stipend.  It eliminates the $1,200 enrollment fee, extends the use-or-lose benefit requirement from 10 to 15 years, and greatly enhances the amount paid to Guard and Reserve members.  The new GI Bill automatically adjusts itself as tuitions increase, and provides a dollar-for-dollar tuition match for private colleges and universities who choose to participate in the program.  A new provision added to the bill also allows reenlisting servicemembers to transfer their educational benefit to their spouse and/or children. 

The VFW fought doggedly for more than a decade to bring an expanded GI Bill into reality.  Lisicki said the long-awaited victory would not have been possible without strong bipartisan support in Congress, the dedicated staff work and grassroots lobbying efforts of the VFW Washington Office, VFW Legislative Committee members, VFW Action Corps, and the entire VFW and Auxiliary membership of 2.3 million.

In 1944, the VFW also played a leading role to shape and bring to fruition the original World War II GI Bill, which is widely regarded as one of the most significant pieces of legislation enacted in the last century.  Almost half of the 16 million men and women who served in World War II took advantage of the education benefit, and they returned to federal coffers $7 for every $1 dollar spent on their education in the form of higher taxes paid on the higher wages earned. 

"Now, 64 years later, the VFW is proud to once again play a key role in the development and passage of a new GI Bill,” said Lisicki, “because it’s just one more shining example of the VFW fulfilling its mandate of service to others by backing the right piece of legislation that will have the most significant impact. 

“Our voices – united toward a common cause – urged America’s leaders to reward the gift of education to the men and women who protect our great country,” he said.  “This is why the VFW is just as relevant today as we were 109 years ago when we were founded.  We make a difference.”

Subject: VSCM call - new presumption and no presumption for
hypertension.


Announced in today's June 2008 VSCM call, VA has added a new
presumption and decided to not add Hypertension as a presumption:


Additional Presumptive Condition -  Primary AL Amyloidosis
On July 27, 2007, the National Academy of Sciences (NAS) Institute of
Medicine issued its most recent report on its formal review of the
scientific and medical literature on health effects potentially related
to exposure to herbicides and related materials used during the Vietnam
War, Veterans and Agent Orange: Update 2006.  A task force was formed to
review the findings of the report and to make recommendations to the
Secretary with respect to adding any additional diseases to the list of
diseases currently recognized as being associated with herbicide
exposure in Vietnam.  Based on the recommendations of the task force,
the Secretary announced his decision that the evidence warrants
establiSecretary has determined there is no evidence at this
time to support the establishment of presumption of service connection
for any other condition reviewed in the NAS report, including
hypertension.  Based on this decision, the stay on processing claims for
service connection of hypertension as due to exposure to herbicides
during service in the Republic of Vietnam is lifted and pending claims
are to be resolved based on the evidence of record.
shment of a presumption of service connection based on service in
the Republic of Vietnam for primary AL Amyloidosis.    As required by
law, a notice will be published in the Federal Register announcing this
addition and 38 CFR 3.309(e) will be amended to include this disease. 

Additionally, the

VA Reaching Out to Vets with Mortgage Problems
Peake: VA Has a "Solid Record of Success" in Helping

WASHINGTON (June 12, 2008) - Many home owners have found it difficult
recently to pay their mortgages, but quick intervention by loan
counselors at the Department of Veterans Affairs (VA) has actually
reduced the number of veterans defaulting on their home loans.

"VA is reaching out to veterans -- both those who use our home-loan
guaranty program and those who don't take advantage of our guaranties --
to keep people in their homes," said Secretary of Veterans Affairs Dr.
James B. Peake. "I'm proud of our solid record of success in helping
veterans and active-duty personnel deal with financial crises."

Accounting for much of this success are VA counselors at nine regional
loan centers who assist people with VA-guarantied loans avoid
foreclosure through counseling and special financing arrangements.  The
counselors also can assist other veterans with financial problems.  VA
counselors have helped about 74,000 veterans, active-duty members and
survivors keep their homes since 2000, a savings to the government of
nearly $1.5 billion.

Depending on a veteran's circumstances, VA can intercede with the
borrower on the veteran's behalf to pursue options -- such as repayment
plans, forbearance, and loan modifications -- that would allow a veteran
to keep a home.

To obtain help from a VA financial counselor, veterans can call VA
toll-free at 1-877-827-3702.  Information about VA's home loan guaranty
program can be obtained at www.homeloans.va.gov
<http://www.homeloans.va.gov/> .

Since 1944, when home-loan guaranties were offered with the original GI
Bill, VA has guarantied more than 18 million home loans worth $911
billion.  Last year, about 135,000 veterans, active-duty service members
and survivors received loans valued at nearly $24 billion.

About 2.3 million home loans still in effect were purchased through VA's
home-loan guaranty program, which makes home loans more affordable for
veterans, active-duty members and some surviving spouses by protecting
lenders from loss if the borrower fails to repay the loan.  More than 90
percent of VA-backed home loans were given without a downpayment.

April data shows that foreclosures are down more than 50 percent from
the same months in 2003.  VA attributes this to prudent credit
underwriting standards, its robust supplemental loan servicing program
and VA financial loan counselors.

America Recognizes Military Sacrifices on Memorial Day
Veterans Urged to Wear Medals with Pride

WASHINGTON (May 23, 2008) - From concerts to somber ceremonies and a
moment of silence, Americans from coast to coast will recall the
sacrifices of military members who paid the ultimate price for freedom
on Memorial Day, Monday, May 26.

"This is our nation's day to remember its debt to those whose sacrifice
in blood and battle secured a legacy of liberty for future generations,"
said Secretary of Veterans Affairs Dr. James B. Peake.

He reminded veterans to wear their military medals on Memorial Day, a
practice called the Veterans Pride Initiative launched by the Department
of Veterans Affairs (VA) in 2006.

The personal exhibition of service medals on patriotic holidays is one
way for veterans to show their support of the U.S. military and
particularly those serving in the Global War on Terror, and to inspire
conversation about military heritage with young people.

Information for veterans about the wearing of medals and how to replace
lost medals is available at http://www.va.gov/veteranspride/.

A tradition dating to the 19th Century after the Civil War and
originally called Decoration Day, Memorial Day is marked at VA
facilities across the country, especially VA's national cemeteries,
whose commemorative events honor about 1 million American men and women
who died in service during wartime periods, including more than 651,000
battle deaths.

This year, more than 100,000 people are expected to attend activities at
VA's national cemeteries, with color guards, ceremonies honoring
decorated veterans, and band and choir performances.

Some national cemeteries will feature an "Avenue of Flags" flanking both
sides of the curb line, usually along the main entrance road, sometimes
consisting of burial flags donated by the next of kin of veterans who
are buried in these national shrines.  Other national cemeteries may
place individual flags at gravesites.

VA's 125 national cemeteries include 10 opened in the past nine years.
Another six cemeteries are under development.  VA currently maintains
17,000 acres where 2.8 million gravesites are located.  By 2010,
veterans burial space is expected to be available to 90 percent of
veterans within 75 miles of where they live.

Directions to VA's national cemeteries and a guide to their Memorial Day
activities are available at
http://www.cem.va.gov/cem/cems/2008MemorialDay.asp.  General information
about Memorial Day, including its history, a commemorative poster and
activities links, may be found at
http://www.va.gov/opa/speceven/memday/.

VA is a cosponsor with the White House Commission on Remembrance of an
annual Moment of Remembrance at 3 p.m. Eastern time, nationwide on
Memorial Day, a time to pause and reflect on the valor of the fallen and
the bond of freedoms that unite Americans.  Many institutions will pause
their activities -- from sporting events to announcements in public
facilities -- to call the nation together to share its common bond in
silence.



VA Secretary Appoints Panel of National Suicide Experts
Goal Is Reducing Veterans' Suicides

WASHINGTON (May 21, 2008) -Secretary of Veterans Affairs Dr. James B.
Peake today announced the names of members appointed to two special
panels that will make recommendations on ways the Department of Veterans
Affairs (VA) can improve its programs in suicide prevention, suicide
research and suicide education.

"There is nothing more tragic than the death by suicide of even one of
the great men or women who have served this nation," Peake said. "VA is
committed to doing all we can to improve our understanding of a
complicated issue that is also a national concern."

Membership in the first group, the "Blue Ribbon Work Group on Suicide
Prevention in the Veterans Population," will be comprised of government
experts in various suicide prevention and education programs.  Those
experts will come from agencies including the Department of Defense, the
Centers for Disease Control, the National Institute of Health, and the
Substance Abuse and Mental Health Services Administration.

The five-member work group is expected to meet from June 11-13, and will
develop a report with recommendations for the Secretary within 15 days
of meeting. 

The second group is a nine-member expert panel, made up of nationally
renowned experts in public health suicide programs, suicide research and
clinical treatment programs, that will provide professional opinion,
interpretation, and conclusions on information and data to the work
group.  It will also make recommendations to the work group on
opportunities for improvement in VA's programs. 

Secretary Peake initially announced the formation of the work group
during testimony to the House Veterans Affairs Committee on May 6.

Members of the "Blue Ribbon Work Group on Suicide Prevention in the
Veterans Population" include:

* Cmdr. Alex E. Crosby, M.D., medical epidemiologist with the
Centers for Disease Control and Prevention;

* Colonel Charles W. Hoge, M.D., director of the division of
psychiatry and behavior services at Walter Reed Army Institute of
Research;

* Colonel Robert Roy Ireland, M.D., program director for mental
health policy, Office of the Assistant Secretary of Defense for Health
Affairs;

* Richard McKeon, Ph.D., special advisor for suicide prevention
with the Substance Abuse and Mental Health Services Administration; and

* Jane Pearson, Ph.D., associate director for preventive
interventions, National Institute of Mental Health.

Appointees to the expert panel include:

* Dr. Dan Blazer II, professor of psychology at Catholic
University of America;

* Greg Brown, Ph.D., University of Pennsylvania;

* Martha Livingston Bruce, Ph.D., professor in clinical
epidemiology and health services research at Weill Medical College of
Cornell University;

* Dr. Eric D. Caine, chair of the department of psychiatry at the
University of Rochester;

* Dr. Jan Fawcett, professor of psychiatry at the University of
New Mexico School of Medicine;

* Robert D. Gibbons, director of the Center for Health Statistics,
University of Illinois at Chicago;

* David Alan Jobes, Ph.D., professor of psychology at Catholic
University of America;

* Mark S. Kaplan, Ph.D., from Portland State University.  Member
of the Suicide Prevention Action Network-USA National Scientific
Advisory Council; and

* Thomas R. Ten Have, director of the Biostatistics Analysis
Center at the University of Pennsylvania School of Medicine.

VA Names Members of Gulf War Veterans Advisory Committee
Secretary Peake to Hear Their Concerns, Issues

WASHINGTON (May 13, 2008) -- Veterans who served in the Southwest Asia
theater of operations during 1990-1991 will have their own special
advocates before Secretary of Veterans Affairs Dr. James B. Peake,
thanks to a new advisory committee Peake established to respond to
issues unique to them. 

The 14-member, independent panel will advise the Secretary and the
Department of Veterans Affairs (VA) on the full range of health care and
benefits needs of those who served in the conflict.

"Gulf War veterans made an invaluable contribution to national security
and peace in a volatile region," Peake said. "This new panel will ensure
that VA benefits and programs adapt to the needs of these veterans, just
as our services have adapted for veterans of other conflicts."

Serving on the committee are Gulf War and other veterans, veterans
service organizations' representatives, medical experts, and the
survivors of Gulf War veterans.  Members were selected to provide a
variety of perspectives, experiences and expertise.

The committee will be chaired by Charles Cragin, a retired Navy captain,
who has had several senior level positions within the federal
government, including Acting Under Secretary of Defense for Personnel
and Readiness and Chairman of VA's Board of Veterans Appeals.

In January 2002, the Department created an advisory committee to assist
VA's secretary on research into the medical problems of Gulf War
veterans.  That older committee will retain responsibility for research
involving veterans of the 1990-1991 conflict in the Middle East.

This committee's first meeting will be held in mid-June in Washington,
D.C.  It is expected to complete its work within 18 months.  Committee
meetings will be open to the public.

A list of the members of VA's Gulf War Advisory Committee is attached.

Membership
VA Advisory Committee on Gulf War Veterans

* Charles Cragin, (Chair) of Raymond, Maine.  Currently serves a
senior counselor for Maine Street Solutions, LLC.

* Martha Douthit of Ashburn, Va.  Surviving spouse of Gulf War
Army veteran, member of the Gold Star Wives of America, currently an
international trade analyst with the U.S. Department of Commerce.

* Dr. Henry Falk of Atlanta.  Retired rear admiral and former
Assistant U.S. Surgeon General.  Currently director for the Coordinating
Center for Environmental Health and Injury Prevention with the Centers
for Disease Control and Prevention.

* Mark Garner of Lorton, Va.  A retired Marine Corps chief warrant
officer-three and Gulf War veteran who served as a Nuclear, Biological,
and Chemical Defense Officer.

* Dr. Lynn Goldman of Chevy Chase, Md.  Vice chair of the
Institute of Medicine Gulf War and Health Study; currently professor of
environmental health sciences at Johns Hopkins University.

* Dr. John Hart of Plano, Texas.  Past president of the Society
for Behavioral and Cognitive Neurology, currently professor of neurology
and psychiatry at the University of Texas Southwestern Medical Center.

* William (Rusty) Jones of South Riding, Va.  Retired Marine Corps
colonel, and veteran of Gulf War and Vietnam War.

* Kirt Love of Crawford, Texas.  An Army veteran of the Gulf War,
currently serving as director of the Desert Storm Battle Registry.

* Daniel Ortiz of Whittier, Calif.  An Army veteran of the Gulf
War, currently serving as department service director with the Veterans
of Foreign Wars.

* Daniel Pinedo of Oceanside, Calif.  Marine Corps colonel
currently serving as the comptroller for First Marine Expeditionary
Force at Camp Pendleton, Calif.

* Thomas Plewes of Annandale, Va.  A retired Army lieutenant
general and former chief of the Army Reserve.  Currently a senior
program officer with National Academy of Sciences. 

* Valerie Randall of Savage, Md.  A retired Army sergeant first
class; currently with the Department of Homeland Security.

* Edward (Randy) Reese of Washington, D.C.  An Army veteran of the
Gulf War; currently national service director for the Disabled American
Veterans.

* Steve Robertson of Fredericksburg, Va.  A Gulf War veteran who
served both in the Air Force and Army National Guard.  Currently
director of the national legislative commission for The American Legion.

The US Court of Appeals for the Federal Circuit finally issued decision in the Haas “blue water” case on Wednesday, May 8, 2008.  In its 59 page decision and dissent, the Court reversed the Court of Appeals for Veterans Claims decision which had ruled in favor of the veteran.

The Court of Appeals found that VA had properly exercised its rulemaking authority and that its definition of “service in the Republic of Vietnam”, used by VA for more than a decade, starting from a period prior to the date Mr. Haas filed his claim, should be accorded deference and the Veterans Court (CAVC) erred in not deferring to the VA's interpretation of its own regulation. 

Those interested in reading the Haas v. Peake decision can find it at: http://www.cafc.uscourts.gov/opinions/07-7037.pdf

VSO Notes: 

1.     If the VA follows what it did in the Smith (tinnitus case) it will lift its stay on these cases and begin processing them.  The notes that follow are predicated on VA following this course of action.

2.     We have encouraged you to continue filing claims on behalf of “blue water” navy veterans who served on ships off the coast of Vietnam during the Vietnam war but who failed to set foot in Vietnam.   Today’s decision appears to close the door on these veterans.  While they can still receive service connection for disabilities presumptively related to herbicides, they must first prove that they were exposed to herbicides.  Obtaining such proof will be difficult.  Any “blue water” veteran who insists on filing a claim with VA should be counseled as to the evidence necessary to prove exposure.

3.     “Blue water” veterans who have filed claims may call you once word of the Haas decision becomes widespread.  Explain that the VA will move quickly to resolve (decide) their claims.  Their claims will almost certainly be denied unless they can show that their ship operated within the inland waterways of Vietnam or entered port in Vietnam.  If they previously stated that they had not put into port or set foot in Vietnam but now state that they remember doing so, ask them to obtain pertinent copies of their ship’s logs.  While ship’s logs do not routinely show crewmembers leaving their ship, they will show whether the ship entered an inland waterway (e.g. the Saigon River) or put into port.  VA will generally concede the issue if service records show a veteran was attached to a ship during the period that the ship put into port in Vietnam.

4.     When reviewing denial decisions by the VA, ensure the following:

a.     That VA has specifically addressed the evidence of service in or visitation to Vietnam.  They must discuss ships '  movements either shown by ships'  history or logs.  If the veteran has admitted never setting foot in Vietnam, VA must also discuss whether evidence shows that the ship operated in the inland waterways of Vietnam.  The negative decision in the Haas case does not relieve VA from the responsibility of making a legally correct decision that discusses all pertinent evidence and the reasons and bases for the decision.

b.     If the veteran has alleged exposure to herbicides on a direct basis, such as loading drums of defoliant on board helicopters or decontaminating aircraft or helicopters, VA must discuss such allegations and resolve them.  The Haas decision does not apply to these fact patterns.

5.      You may encounter veterans in the future who want to apply for service connection for a herbicide related presumptive disability but who  do not allege visitation to Vietnam.  Discuss the evidentiary requirements of direct service connection with them.  We are not seeking to discourage veterans from filing claims but, rather, explaining the evidence necessary to obtain a favorable decision.  If properly explained, most veterans who cannot produce appropriate evidence will not insist on filing a claim.  However, you should assist any veteran who insists on filing a claim.  It is for VA, not the VFW, to weigh the evidence and resolve issues of service connection.

6.     Finally, the veteran has several legal moves available to him.  First, he can ask the Court of Appeals to review the case using all the judges on the Court.  While the Court may decide to conduct an en banc review it doesn’t have to.  Failing that, the veteran could appeal to the Supreme Court.  During any given year the Supreme Court takes up only about 1 in 20 cases to decide.  You may recall that they rejected the Smith case.  Success at the Supreme Court is a long shot.

Recent VA News Releases

To view and download VA news release, please visit the following
Internet address:
http://www.va.gov/opa/pressrel


VA Helps Vets Convert Military Experience to Work Place Success
"The American Veteran" Focuses on Opportunities

WASHINGTON (May 9, 2008) - The Department of Veterans Affairs (VA) and
corporate America are working together  to provide veterans with the
skills they'll need to rejoin the civilian workforce, enhancing the
Department's traditional programs that help transitioning service
members.

Two important programs available from VA and partnering organizations
are the focus of the May edition of "The American Veteran," VA's monthly
half-hour news magazine.

"With their skills, work ethic and ability to deal with people, veterans
have been a powerhouse in the work-place," said Secretary of Veterans
Affairs Dr. James B. Peake. "These stories spotlight the determination
of veterans to succeed in the business world and the tools offered by VA
and our partners in the business world."

The top story highlights the partnership between VA's Center for
Veterans Enterprise and Little Caesar's Pizza, which provides money and
the training to help veterans own and operate a franchise.

A second feature looks at a program that helps veterans who qualify for
vocational rehabilitation to gain valuable work skills through non-paid
work experience.

In another story, "The American Veteran" visits the Miami VA Prosthetic
center where technology and teamwork combine to create prosthetics and a
lifetime of support to our veterans.

The series is designed to inform active duty members, veterans, their
families and communities about the services and benefits they have
earned and to recognize and honor them.  VA's Office of Public Affairs
and the VA Learning University/ Employee Education System (VALU/EES)
produce the program and broadcast it to VA facilities around the world
on The Pentagon Channel and to community cable outlets.

Aimed at veterans of all eras, VA also tells stories of heroism and
sacrifice, and relives moments in history with those who were there,
reminding veterans of the bond of service they share.

The VA Office of Public Affairs offers the program to local broadcasters
and cable outlets and makes it available for viewing on the VA Web site,
www.va.gov <http://www.va.gov/> .  Just click on "Public Affairs" and
then "Featured Items."

"The American Veteran" schedule on The Pentagon Channel is available at
http://www.pentagonchannel.mil <http://www.pentagonchannel.mil/> .  The
Pentagon Channel has more than 1 million military viewers and is
delivered domestically via DISH, EchoStar, T-Warner and Cox cable
systems.  (Check for service in your area.)

Additional stories on the April edition of "The American Veteran"
include:

*  Cheerios Box Champion -- Meet David Fowler, an athlete, gold
medal winner, Cheerios Box Champion and a paralyzed veteran who runs the
Texas chapter of Paralyzed Veterans of America.

*  Updated edition of the 'Federal Benefits for Veterans and
Dependents" handbook provides information on health care services,
education benefits, the home loan guaranty program, life insurance,
disability compensation and more.

*  New, non-invasive technology looks at brain cell
communication patterns that may provide clues to Alzheimer's,
schizophrenia and other neurological diseases.

*  VA announces plans to open 23 new Vet Centers in the next two
years.

*  VA's mobile pharmacies are prepared for emergencies across
the country.

For information about "The American Veteran" program and how to obtain
it for local programming, contact VA at 202-461-7502.

[Federal Register: April 15, 2008 (Volume 73, Number 73)]

[Notices]              
                                    

[Page 20363-20365]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15ap08-151]                        
                                    

DEPARTMENT OF VETERANS AFFAIRS

VA
                                    Adjudication Procedures Manual, M21-1; Rescission of Manual 

M21-1 Provisions Related to Exposure to Herbicides Based on Receipt of 

the Vietnam Service Medal

AGENCY:
                                    Department of Veterans Affairs.

SUMMARY: The Department of Veterans Affairs (VA) rescinds provisions
                                    of 

its Adjudication Procedures
                                    Manual, M21-1 (Manual M21-1) that were 

found
                                    by the U.S. Court of Appeals for Veterans Claims (Veterans Court) 

not to have been properly rescinded.

DATES:
                                    This rescission is effective April 15, 2008.

SUPPLEMENTARY INFORMATION: On November 27, 2007, we proposed to
                                    rescind 

certain provisions of
                                    our Manual M21-1. 72 FR 66218. The notice was 

necessitated
                                    by the opinion rendered by the Veterans Court in Haas v. 

Nicholson, 20 Vet. App. 257 (2006). Although VA's appeal of that 

decision has been submitted to the U.S. Court of Appeals for the
                                    

Federal Circuit (Federal Circuit),
                                    that court has not yet issued a 

decision
                                    in the case. The comment period has ended, and we now rescind 

the provisions.

   
                                    We received more than 75 comments, most of which were very similar 

and can be addressed in three categories: (1) Citation to scientific 

evidence, in particular a 2002 study performed for Australia's
                                    

Queensland Health Scientific
                                    Services by their National Research Center 

for
                                    Environmental Toxicology, titled, Examination of the Potential 

Exposure of Royal Australian Navy Personnel to Polychlorinated 

Dibenzodioxins and Polychlorinated Dibenzofurans Via Drinking Water
                                    (the Australian study); (2) personal stories about the commenters' experiences during service and/or their current illnesses;
                                    and, (3) arguments presented in connection with the Haas litigation. We will address these three categories of comments,and
                                    then address a few additional comments that do not fit within these categories.

Comments
                                    Based on Scientific Articles

    Several commenters suggested that rescission
                                    of the Manual M21-1 is 

inconsistent
                                    with scientific articles purportedly showing that 

herbicide exposure in offshore waters could have occurred by virtue of 

wind drift or consumption of drinking water distilled from estuarine
                                    

waters. We make no change based
                                    on these comments for the reasons 

explained
                                    below.

    Several
                                    commenters cited the Australian study as proof that 

American military personnel on ships off the coast of Vietnam were 

exposed to herbicides in drinking water. The Australian study assumed
                                    

that ocean water near estuarine
                                    sources could contain dioxin if dioxin 

had
                                    been used over adjacent land. It then noted that Australian Navy 

boats distilled water, obtained primarily from locations near such 

estuarine sources, to use as drinking water. Based on these factual
                                    

predicates, the study found
                                    that the distillation process used by those 

boats
                                    did not remove dioxin when dioxin was added to salt water and the 

distillation process was performed in a laboratory, but, instead, the 

distillation concentrated the dioxin level in the water. The study
                                    was 

not peer reviewed or published
                                    and, to our knowledge, has never been 

cited
                                    in any subsequent reputable study concerning herbicide exposure.

    Even assuming that U.S. Navy ships used a distillation process to 

obtain drinking water from the ocean (VA has been unable to obtain
                                    

official confirmation of this
                                    from the Department of Defense), VA's 

scientific
                                    experts have noted many problems with this study that 

caution against placing significant reliance on the study. In 

particular, the authors of the Australian study themselves noted that 

there was substantial uncertainty in their assumptions regarding
                                    the 

concentration of dioxin
                                    that may have been present in estuarine waters 

during
                                    the Vietnam War. Further, although distillation concentrated the 

dioxin level in the water, the concentrating effect was shown to depend 

upon the amount of sediment in the water, such that a large sediment
                                    

level, consistent with estuarine
                                    waters, could significantly reduce the 

concentrating
                                    effect. Moreover, even with the concentrating effect 

found in the Australian study, the levels of exposure estimated in this 

study are not at all comparable to the exposures experienced by
                                    

veterans who served on land
                                    where herbicides were applied. This is true 

even
                                    if we were to assume that a person drank only such distilled water 

and did so for an extended tour.

    A few commenters cited other studies that discuss generally the 

nature of air and water pollution, the manner in which certain
                                    

pesticides can be borne by the
                                    wind, and the effect of water-borne 

pesticides
                                    on marine life. None of these studies bears significantly on 

the specific question whether herbicides used, and as administered, by 

the U.S. military during the Vietnam Era could have been blown
                                    by the 

wind into the ocean,
                                    or into inland waters that then carried the 

chemical
                                    into the ocean, to reach a boat offshore and result in any 

significant risk of herbicide exposure. Similarly, the studies do not 

suggest that if those herbicides could have been so transported,
                                    they 

could then be transmitted
                                    through a distillation process (assuming that 

one
                                    was used by U.S. ships) into drinking water, and then consumed by 

military personnel in any measurable quantity. One study merely 

indicated that Agent Orange is carcinogenic, a fact that VA does
                                    not 

dispute.

    Further, even if the studies show that herbicide
                                    exposure in 

offshore waters
                                    is possible in some circumstances, they do not provide 

a basis for maintaining a provision construed by the Veterans Court to 

impose a broad presumption of herbicide exposure based on receipt
                                    of 

the Vietnam Service Medal
                                    (VSM). The purpose of the presumption of 

herbicide
                                    exposure is to eliminate the need for case-by-case showings 

of exposure where there is a reasonable basis for presuming the fact. 

The possibility of exposure in certain circumstances of offshore
                                    

service does not, in our view,
                                    establish a basis for presuming exposure 

in
                                    all circumstances involving offshore service or receipt of the VSM.

    In our view, the cited studies are of minimal relevance to the 

instant action for the additional reason that the M21-1 provisions
                                    were 

not intended to establish
                                    a substantive rule, but to implement the 

congressional
                                    intent underlying the statutory presumption of herbicide 

exposure in 38 U.S.C. 1116(f). The commenters do not suggest that 

Congress relied upon the cited studies in enacting Sec.  1116(f),
                                    but 

appear only to argue that
                                    the cited studies would independently support 

a
                                    presumption of herbicide exposure for veterans who served offshore. 

It is VA's policy not to issue substantive rules through its M21-1 

manual or other internal documents, but through notice-and-comment
                                    rule 

making and subsequent codification
                                    in the Code of Federal Regulations. 

Because
                                    the Veterans Court's conclusion that the M21-1 provisions 

established a substantive rule is inconsistent with VA's intent in 

issuing the M21-1 provision, VA is rescinding the M21-1 provisions.
                                    As 

stated in the notice of proposed
                                    rule making, VA will shortly issue a 

proposed
                                    revision to its governing regulation, 38 CFR 3.307(a)(6)(iii), 

to clarify our interpretation of 38 U.S.C. 1116(f). The issue of 

whether and to what extent the cited studies bear upon the 

congressional intent underlying Sec.  1116(f) is most appropriately
                                    

dealt with in the context of
                                    that rulemaking.

   
                                    Additionally, we note that many VSM recipients did not even serve 

on ships off the shore of Vietnam. The VSM was awarded to all members 

of the Armed Forces who served between July 3, 1965, and March
                                    28, 

1973, either: (1) in Vietnam
                                    and contiguous waters and airspace 

thereover;
                                    or (2) in Thailand, Laos, or Cambodia, or airspace 

thereover, in direct support of operations in Vietnam. See Army Reg. 

600-8-22, para. 2-13.). Clearly, the studies cited by commenters
                                    would 

not affect our decision
                                    as to veterans who served in Thailand, Laos, or 

Cambodia,
                                    or in airspace far above the jungles of Vietnam. If 

commenters relying on these studies believe the studies are relevant to 

the question whether Vietnam service should be extended to the
                                    waters 

off the shore of Vietnam,
                                    we direct readers to the revision of 38 CFR 

3.307(a)(6)(iii),
                                    which we expect will be proposed before May 2008, and 

which will directly address the requirement of service on land in 

Vietnam. For the foregoing reasons, the Australian study and the
                                    other 

studies cited by commenters
                                    do not cause us to alter our decision to 

rescind
                                    the Manual M21-1 provisions.

   
                                    Similar to the above category of comments, several commenters 

argued that there is no scientific basis for VA to take the position 

that veterans who served on ships were not exposed to herbicides
                                    during 

that service. These comments
                                    misunderstand the nature of VA's action. 

This
                                    action would not result in a finding or presumption that veterans 

who served on ships were not exposed to herbicides; it would merely 

clarify that such veterans are not automatically presumed to have
                                    been 

exposed and that the issue
                                    of exposure must be resolved on a case-by-

case
                                    basis to the same extent as most other factual issues involved in claims for VA benefits.

Comments Based on Personal Experience

   
                                    The second group of comments received related the personal 

experiences of veterans who suffer from cancer and other ailments that 

can be caused by exposure to Agent Orange. While we are sympathetic
                                    to 

the needs of these veterans,
                                    Congress has been quite clear that VA 

cannot
                                    presume exposure to herbicides simply because a veteran has a 

disease linked to exposure to herbicides. Again, section 1116(f) states 

that a veteran with such a disease is presumed exposed only if
                                    he 

``served in the Republic
                                    of Vietnam.'' To the extent that these 

commenters
                                    seek relief in their own individual cases, these comments 

are beyond the scope of this notice. The issue presented here is 

whether VA should rescind a Manual M21-1 provision that the Veterans
                                    

Court misinterpreted as requiring
                                    VA to presume exposure for any 

veteran
                                    who received the VSM.

Comments Related to Haas Litigation

    The third category of comments received includes comments 

presenting the same statutory-interpretation arguments that have
                                    been 

presented to the Federal
                                    Circuit in the Haas litigation. These comments 

assert
                                    that the language of 38 U.S.C. 1116 plainly requires that 

offshore service be considered service ``in the Republic of Vietnam'' 

for purposes of that statute. We do not agree. In its Haas opinion,
                                    the 

Veterans Court held that
                                    neither the language nor the legislative 

history
                                    of Sec.  1116 reflects a clear intent to treat offshore service 

as service ``in the Republic of Vietnam.'' Haas, 20 Vet. App. at 264-

68. We therefore make no change based on these comments, but we
                                    note 

that this issue remains
                                    pending before the Federal Circuit.

   
                                    Additionally, some commenters suggested that VA, by this action, 

was usurping the power of the courts. We do not agree. VA has the legal 

right to engage in rulemaking and the legal obligation to interpret
                                    

title 38, United States Code.
                                    As the Federal Circuit has held, the fact 

that
                                    a court has interpreted VA's regulations does not bar VA from 

later revising those regulations. See National Organization of 

Veterans' Advocates v. Secretary of Veterans Affairs, 260 F.3d 1365, 

1373-74 (Fed. Cir. 2001). This action in no way usurps the court's
                                    

authority to review our actions
                                    in this regard.

Other Comments

   
                                    In addition to the categories of comments addressed above, we 

received the following specific comments. First, one commenter asked 

why the proposed rescission did not address ``any action [VA] may
                                    

contemplate to sever service
                                    connection'' granted based upon the Manual 

M21-1
                                    provisions. We have no plans to undertake such action. The same 

commenter asked whether a claimant who had been presumed exposed to 

herbicides based on the Manual M21-1 provision would now, post-

rescission, not be presumed exposed if he filed a claim based on
                                    a new 

disease. VA has never
                                    interpreted the Manual M21-1 provision to require 

a presumption of service connection for every veteran who received the 

VSM. (In fact, this is precisely why VA denied Mr. Haas' claim.)
                                    That 

interpretation was made
                                    by the Veterans Court, not by VA. Therefore, if 

a
                                    veteran had been presumed exposed to herbicides before this 

rescission, it is because the evidence in his file, viewed as a whole, 

supported applying the presumption in the particular case.

    The same commenter added that if VA believes
                                    that other evidence 

besides
                                    the award of the VSM is relevant to a finding of service in 

Vietnam, then VA should identify such evidence. This comment is beyond 

the scope of this rescission, which simply removes from the Manual
                                    M21-

1 a provision that required
                                    VA to consider the VSM in connection with a 

claim
                                    for a disability allegedly caused by herbicide exposure. In this 

regard, the commenter may wish to review and comment on our revision of 

38 CFR 3.307(a)(6)(iii).

    Another commenter stated that he ``can understand why blue water
                                    

sailors [i.e., sailors who served
                                    off the coast of Vietnam] would be 

more
                                    closely scrutinized, but not automatically deemed ineligible.'' 

Removal of the Manual M21-1 provisions would not render blue water 

sailors ineligible for benefits based on herbicide exposure. Such
                                    

veterans could establish service
                                    connection for herbicide-related 

conditions
                                    by submission of evidence establishing exposure to 

herbicides during service, just as they always could. If a veteran is 

eligible for that presumption, then, as a result, VA will not further
                                    

scrutinize that veteran's claim
                                    on the issue of exposure. We are 

rescinding
                                    this misinterpreted Manual M21-1 provision precisely 

because, like the commenter, VA believes that blue water veterans' 

claims must be subjected to greater scrutiny than claims by veterans
                                    

who served on land. Blue water
                                    veterans who received the VSM can 

directly
                                    establish the fact of their exposure with evidence of contact 

with herbicides or evidence that they actually served on land.

    Several comments related to the exposure of veterans who served
                                    in 

Thailand, Cambodia and/or
                                    Laos. Persons who received the VSM could have 

served
                                    in these regions. However, because we have no confirmed evidence 

of the extent of the possible exposure of such persons to herbicides, 

and no statutory mandate to consider such persons to have been
                                    exposed, 

we make no change to
                                    our decision based on these comments.

   
                                    Based on the foregoing, VA rescinds the following manual provisions 

describing service in Vietnam for the purposes of the presumption of 

exposure to herbicides: M21-1, pt. III, para. 4.08(k)(1)-(2) (November
                                    

8, 1991); M21-1, pt. III, para.
                                    4.24(g)(1)-(2), change 23 (October 6, 

1993);
                                    M21-1, pt. III, para. 4.24(g)(1)-(2), change 41 (July 12, 1995); 

M21-1, pt. III, para. 4.24(g)(1)-(2), change 76 (June 1, 1999); M21-1, 

pt. III, para. 4.24(e)(1)-(2), change 88 (February 27, 2002).

    Approved: April 8, 2008.

Gordon H. Mansfield,

Deputy Secretary of Veterans Affairs.

[FR Doc. E8-7912 Filed 4-14-08; 8:45 am]