Veterans News

04/03/08

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As often as we can, we provide information that affects our members as it relates to benefits of events that are in process. In this page we will update the information by the date that is is assembles.

Latest Veterans News

 
THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

== PA Vet Cemetery [02] --------- (WA Crossing VA Nat Cemetery)
== VA Compensation Garnishment ------- (Alimony/Child support)
== Military Award/Service Misrepresentation ------------ (3 Arrests)
== Vietnam Memorial Wall [01] ------------------- (Interactive Wall)
== Bump Keys ------------------- (Home Security Compromised)
== DOD Disability Eval System [10] -------- (VASRD Compliance)
== Mobilized Reserve 12 MAR 08 ------------------- (2312 Increase)
== SBP SSA Offset [10] ----------------------------- (No More Offset)
== Arlington Nat Cemetery [02] ------- (Honors Given Questioned)
== Vet Cemetery California [03] -------- (Bakersfield VA National)
== IRS Phishing [02] ----------------------- (3000% Increase in JAN)
== Tricare User Fee [24] ------------- (Vet Groups Alleged Support)
== VA Clinic Openings [08] ------------------------ (2008 Openings)
== Enlistment Pool ------------------------------ (Limited to 5 million)
== Medicare Fraud [05] ------------------------- (Fraud Strike Force)
== Health Care Myths ------------------------------- (5 Most Popular)
== SBP Termination [01] ------------------- (100% Disabled Option)
== Hannaford Bros Data Breach ------------------ (2 Lawsuits Filed)
== NIH Data Breach ----------------------------------- (Stolen Laptop)
== Fluorescent Bulb Hazards -------- (Mercury Disposal Problems)
== VA Dental Treatment [01] ------------------ (Outpatient Change)
== North Dakota Vet Home -------------------------------- (Overview)
== Veteran Charities [08] ------------- (ASA Misrepresents Support)
== VA Salmonella Research --------------------- (Space Experiment)
== VA Mental Health Program ----------------- (Suicide Prevention)
== Florida Vet Property Tax Relief --------------------- (Tax Credits)
== DECA Double Coupon Policy --------------- (Prohibited by Law)
== GI Bill [18] -------------------------- (DoD Alarmed)
== VA Mobile Pharmacies -------- (Deployment Begun)
== Military Pre-existing Condition Policy ------ (Process Clouded)
== VA Category 8 Care [05] ------------------- (Lower Income Cap)
== Kentucky Vet Cemeteries ------------------------------ (Overview)
== VA CAD/CAM Dentistry ------------------------ (One Visit Caps)
== Foreclosure ---------------------------- (Avoidance Tips)
== Foreclosure [01] -------------- (Mortgage Aid Proposal)
== State Veterans Home Program [02] ---------- (Projected Needs)
== Illinois Veterans Homes [01] ------------------------ (Get in Line)
== Nursing Homes [05] ----------------------------- (CMS Database)
== Economic Stimulus Package [04] ----------- (VA Benefit Impact)
== Economic Stimulus Package [05] --------------- (Payment Dates)
== Social Security Taxation [06] --------------------- (After Age 66)
== VA Veteran Support [02] --------------------- (Health Care Stats)
== Overseas Travel w/Tricare --------------------------- (MTF Usage)
== Veteran Legislation Status 31 March 08------ (Where we Stand)

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PENNSYLVANIA VET CEMETERY UPDATE 02:   In a tribute to the area's rich and
tumultuous history that defined the future of the nation, the new veterans
cemetery for Southeastern Pennsylvania is being named Washington Crossing VA
National Cemetery. The government paid $10.5 million for the 205-acre tract in
Upper Makefield Township to the landowner, Toll Bros. Inc., bringing to an end a
quest that lasted more than two years. The VA announced that it had selected the
tract near the historic village of Dolington over a site in Chester County in
JAN 06. But the project quickly became embroiled in controversy when Toll said
that as a condition for selling the land to the VA, it needed approvals to build
more than 200 homes nearby, more than the regional zoning ordinance allowed.
With litigation threatening to stall the project, the VA upped its original
offer to Toll from $7 million to $10.5 million; in exchange, Toll agreed to
accept the risk that the courts could overturn its development approvals. Rob
Civero, vice chairman of the Newtown Township supervisors, said that township
might vote next week to restore the zoning on one 94-acre tract in the Toll deal
back to one house on every three acres. The developer now has approval to build
90 homes - or three times as many - on the site. Bruce Toll, vice chairman of
Toll Bros. Inc., is chairman of Philadelphia Media Holdings, owner of The
Inquirer, the Philadelphia Daily News, and Philly.com. Construction of the first
phase of 60 acres will begin next spring, with burials beginning later in the
year. The cemetery is planned to serve more than 580,000 veterans and their
families in Philadelphia and the five-county suburban area, including Lehigh
County. Construction will be phased in over 50 years. [Source: Philadelphia
Inquirer Nancy Petersen article 28 Mar 08 ++]


VA COMPENSATION GARNISHMENT:  Contrary to popular belief there are some
conditions under which VA compensation can be garnished in order to pay alimony
or child support.  Although VA compensation cannot be attached or assigned there
is no statutory prohibition against garnishment of military retired pay. Under
Public Law 95-30, a veteran’s disability compensation can be garnished in order
to pay alimony or child support and pursuant to a court order, only if the
veteran receives disability compensation in lieu of an equal amount of military
retired pay, in accordance with a total or partial military retired pay waiver.
In these cases, under 5 CFR 581.103 (http://www.access.gpo.gov/nara/cfr/waisidx_06/5cfr581_06.html),
the Veterans Service Center (VSC) withholds disability compensation, and makes a
payment in compliance with the garnishment order for certain categories of
payees.  [Source:  Title 38 U.S. Code 5301 M21-MR Part III, Subpart v, Chapter
3, Section C 13a of Mar 08 ++]


MILITARY AWARD/SERVICE MISREPRESENTATION: Federal investigators arrested two
Mississippi men on 25 MAR who allegedly falsely represented themselves as Purple
Heart recipients in order to obtain free vehicle license plates. John Wayne
Lebo, 57, of Tylertown and Christopher Billeaud, 52, of Biloxi are suspected of
altering their "official military discharge papers to reflect awards and medals
(they) did not receive," according to records filed in federal court.  In doing
so, both obtained the Mississippi Purple Heart vehicle license plate, which
never expires and is given to Purple Heart recipients at no cost, Assistant U.S.
Attorney Ruth Morgan said. "It's not just about earning the tag, but when you
have a Purple Heart, you get priority treatment at V.A. medical centers. When
this happens, you cheat true veterans that need treatment for their wounds
suffered in combat."  Purple Heart medals are given to war veterans wounded in
combat by an enemy attack and are posthumously given to family members of those
killed in battle by an enemy. Both men were released on unsecured bonds of
$25,000 and $5,000, respectively.

      The arrests followed separate investigations by the U.S. Department of
Veteran Affairs. Lebo served with the U.S. Army from 1967-69 as a firearm
instructor. According to court papers, along with fraudulently claiming a Purple
Heart, Lebo altered his discharge papers to show he had received a Silver Star,
Airborne Medal and Sharpshooter. Since 1999 he used the documents to obtain
license plates for eight different cars. Lebo was discharged as a Private E-1 in
1969. Lebo's alleged phony discharge papers were discovered after an
investigator compared his original forms with the ones he used in Walthall
County in order to obtain the Purple Heart license plate.  Billeaud is a veteran
of Operation Desert Storm and the Gulf Coast chapter president of the National
Defense Transportation Association. According to court papers, officers with the
U.S. Air Force Office of Investigations went to the Billeaud home in APR 07,
after they discovered he was claiming to be a chief master sergeant, although he
retired as a master sergeant and the recipient of a Bronze Star and Purple
Heart. One of the officers noticed that a vehicle parked at his home had a
Purple Heart license plate. During the interview, the officer asked Billeaud if
he received a Purple Heart and he told the officer no. Kathleen Billeaud said
her husband has been recognized by the Department of Veterans Affairs and the
head of Keesler Air Force Base hospital as receiving a Purple Heart but not by
the U.S. Air Force. Investigators obtained a letter from the V.A. Regional
Office in Jackson stating Billeaud was rated 100% service-connected for his
disability but the letter did not "mention anything about a Purple Heart," court
papers said. Billeaud is a veteran of Operation Desert Storm and the Gulf Coast
chapter president of the National Defense Transportation Association. Falsely
claiming war medals is a misdemeanor punishable by up to one year in jail and a
fine of up to $100,000.

     In a similar case after three days of testimony in federal court in Roanoke
VA -- and a thorough dissection of Randall A. Moneymaker’s long list of supposed
awards and overseas postings -- a jury found him guilty of six charges tied to
fraud and theft. Moneymaker's charges included five counts of making false
statements on forms he filed or in claims he made while applying for disability
benefits or inquiring about a military pension. He also was charged with theft
for receiving $18,449.32 in disability payments to which he was not entitled. 
Moneymaker was in the Reserves from 1981 to 1982, then in the Army from 1983 to
1985. He left after misconduct that prompted an "under honorable conditions
(general)" discharge, a certificate below an honorable discharge. He was
supposed to be barred from re-enlisting, but in 2004 talked his way into the
Active Guard Reserve, claiming he'd been on active duty since the early '80s. 
He became a recruiter and often wore medals including combat and Ranger badges
and a Purple Heart. Most of the charges carry a five-year maximum prison term,
but no date has been set for sentencing. [Source: The Clarion Ledger Nicklaus
Lovelady article 26Mar 08 ++]


VIETNAM MEMORIAL WALL UPDATE 01:   The National Archives is joining with a Web
site to make historical records of tens of thousands of deceased Vietnam War
veterans available electronically for the first time. The interactive site is a
Web re-creation of the Vietnam Veterans Memorial on the National Mall. The site
allows access to thousands of pages of casualty records and agency photos.
People can search by name, hometown, birth date, tour date, or dozens of other
categories. Such information now is typically found only at National Archives
locations, including the headquarters in College Park MD, and by poring through
files organized by topic. That makes searches a hit-or-miss proposition with
long odds of finding relevant information, the agency said. At
www.footnote.com/thewall & www.youtube.com/watch?v=scwMAgCLdks can be found a
short video about how one veteran found a fallen friend on The Wall using this
site and information on how to add your own tribute to anyone listed on the wall
that you know.

     Hundreds of veterans visit the central research room each year ''to examine
the documents that may enable them to establish their rights, and, just as with
the wall, to honor, remember and appreciate,'' said Allen Weinstein, archivist
of the United States. ''And historians increasingly turn to these essential
records to explain the significance of the Vietnam conflict in American history.
The site will help 'provide ever-greater access to our critical holdings on this
subject,'' he said. The interactive wall allows people to post photographs they
may have of a deceased veteran and to make comments. There is  currently no
charge for Vietnam War information; the company is deciding whether to charge
fees for some of the 50,000 National Archives photos now digitized. The goal is
to tell the stories behind the more than 58,000-plus names on the wall' polished
black granite, with information such as specialty, rank, posthumous decorations,
regiment, cause of death and whether the body was recovered, the company said.
Veterans advocacy groups praised the move as a good way to promote public
awareness of the contributions of those who served in Vietnam. But some said
they would like to see the effort expanded to provide electronic access of
records for living Vietnam veterans. Many of them must go through a lengthy
process of searching for records at the Archives and elsewhere to establish a
disability claim with the government. [Source: New York times AP article 26 Mar
08 ++]


VIETNAM MEMORIAL WALL UPDATE 01:  Footnote and the National Archives held a
press conference 26 MAR in Washington, D.C. to unveil a new interactive online
Vietnam War Memorial. This Footnote project features the largest photo of The
Wall on the Internet (at full size, the photo on Footnote is about 460 feet
wide). The project has been several months in the making and provides an
interactive experience for locating the 58,320 names on The Wall as well as
service record and casualty report information for each serviceman listed.
Viewers can also upload photos and create tributes connected to any name on The
Wall. There is no charge for Vietnam War information; the company is deciding
whether to charge fees for some of the 50,000 National Archives photos now
digitized and available on their site. At www.footnote.com/thewall &
www.youtube.com/watch?v=scwMAgCLdks can be found a short video about how one
veteran found a fallen friend on The Wall via the internet and information on
how to add your own tribute to anyone listed on the wall that you know. Users
can browse by name, enlistment type, service, and/or hometown to locate those
who died as a result of Nam service.  The online Military data is based on
information supplied from The National Archives. [Source: Footnote msg. 26 Mar
08 ++]


BUMP KEYS:   The most popular locking mechanism in the world utilizes the pin
tumbler design, first developed 4000 years ago in Egypt and then rediscovered
and perfected a century and a half ago by Linus Yale. There are billions of
these locks in the world and they come in all sizes, configurations, and
security ratings. Some are secure; most are not, and even some high security
rated cylinders can be easily compromised. All that is required to open many
types of pin tumbler cylinders -- the kind of lock that probably keeps the bad
guys out of your home -- is a bump key and a tool for creating a bit of force.
While many people have never heard of "bump keys," authorities say these
modified versions of ordinary keys first gained popularity in Europe and are
spreading rapidly through Internet "how-to" videos that illustrate how easily
doors can be opened though "lock bumping." Any regular key can be cut to its
deepest depth to become a bump key. When a bump key is inserted into a lock and
tapped with a mallet, kinetic energy is transferred through the pins in the
locking mechanism, causing the pins to momentarily move so the lock can be
turned. While bump keys are nothing new, they have – until recently – been
generally unavailable to the public. Most reputable locksmiths will not make
them or sell them to anyone. But the Internet has changed that. Now bump keys
are being sold online for as little as $3.25. Videos demonstrate how to use them
to quickly and easily breach locks and in some cases how to make them he keys
yourself. One such video can be viewed at http://www.youtube.com/watch?v=pwTVBWCijEQ.
At http://www.engadget.com/2006/08/24/the-lockdown-locked-but-not-secure-part-i/
can be found  additional info on Bump keys and illustrations on how tumbler
style locks work.  Bottom line if your home access doors have tumbler pin locks
(which most do) they can be opened by anyone who has knowledge of this. 
Bump-resistant locks are available on the market but they come with high price
tag. [Source: Various 1 Apr 08
 ++]


DOD DISABILITY EVALUATION SYSTEM UPDATE 10:    The Army will no longer use its
own disability ratings rules in addition to the Veterans Administration Schedule
for Rating Disabilities (VASRD). The policy change may even out some of the
differences in ratings assigned by the Army and the Department of Veterans
Affairs, which became a contentious issue in the wake of the Walter Reed Medical
Center controversy last year. The change was prompted by a provision of the 2008
Defense Authorization Act that states the services must comply with VA's
disability ratings schedule in assessing injured troops. Under the new law, all
the services will have to update their policies so that their own rules do not
override VA's ratings schedule.  Defense Secretary Robert Gates will send
guidance to all the services making the change retroactive to 28 JAN, the date
President Bush signed the 2008 Defense Authorization Act into law. The new
policy will change the way the Army rates soldiers for sleep apnea, narcolepsy,
joint pain and mental health disorders.

     The Army is reviewing personnel separations in January and February to
ensure those cases meet the new rules. A memo signed by Dennis Brower, legal
adviser for the Army Physical Disability Agency, states that the new rules for
rating strictly under the VASRD apply to cases that have not yet been decided or
are on appeal. Service members repeatedly have charged that service policies
superseding VA's ratings schedule often lead to lower disability ratings - and
lower payments. The old Army policy included a mandate that psychiatrists who
diagnose soldiers with mental disorders had to check to see if the condition
could qualify as an adjustment disorder, and, if not, they had to fully explain
why they were "rejecting" adjustment disorder as a diagnosis.  The Army has
stopped using the following regulations as of Jan. 28:
•   The joint-motion rating in Army Regulation 635-40 which requires a
mechanical basis for limited range of motion, rather than a service member
saying, "That hurts, I can't move my arm any further," as the VA requires.
According to the Army's previous rules, "joint pain resulting in loss of motion
does not constitute a mechanical basis for restricted motion."
•   Army Physical Disability Agency Issues and Guidance No. 1, which also
pertains to painful joint motion, and states: "Limitation resulting solely from
pain is not ratable" - a violation of the VASRD.
[Source:  NVS Weekly Updates 26 Mar 08 ++]


MOBILIZED RESERVE 12 MAR 08:  The Army, Air Force and Marine Corps announced the
current number of reservists on active duty as of 26 MAR 08 in support of the
partial mobilization. The net collective result is 2,312 more reservists
mobilized than last reported in the Bulletin for 12 MAR 08. At any given time,
services may mobilize some units and individuals while demobilizing others,
making it possible for these figures to either increase or decrease. The total
number currently on active duty in support of the partial mobilization of the
Army National Guard and Army Reserve is 76,309; Navy Reserve, 5,595; Air
National Guard and Air Force Reserve, 7,614; Marine Corps Reserve, 8,638; and
the Coast Guard Reserve, 344. This brings the total National Guard and Reserve
personnel who have been mobilized to 98,400, including both units and individual
augmentees. A cumulative roster of all National Guard and Reserve personnel, who
are currently mobilized, can be found at http://www.defenselink.mil/news/Mar2008/d20080326ngr.pdf
.[Source: DoD News Release 196-08 12 Mar 08 ++]


SBP SSA OFFSET UPDATE 10:   The phase-out of the Social Security Offset (SSO)
for Survivor Benefit Plan (SBP) annuitants is almost complete. Currently,
beneficiaries receive 50% of their deceased spouse's SBP annuity base amount.
The fact that the SBP payout is 50% instead of the full 55% is the SSO. There is
no reduction in your Social Security amount. Starting APR 08 all survivors will
receive the full 55% of their late military retiree's pay covered by SBP and the
SSO will be completely phased out. The increased benefit is automatic for
everyone — no applications or requests are required.  [Source: MOAA News
Exchange 26 Mar 08 ++]


ARLINGTON NATIONAL CEMETERY UPDATE 02:  An enlisted service member killed in
battle and posthumously awarded the Silver Star for heroism is rendered lesser
honors at Arlington National Cemetery than an officer who dies in a car crash
the day after being commissioned. That statement took officials at several
veterans’ organizations by surprise. But it is true: Burial honors at Arlington,
the nation’s most storied military cemetery and home of the Tomb of the
Unknowns, are accorded strictly by rank, not by the circumstances of death.
“That is the custom that has been prescribed,” said Jack Metzler, the
superintendent at Arlington for the past 17 years. Most enlisted troops receive
“standard honors” — military pallbearers, a firing party led by a
noncommissioned officer, a bugler and, on request, a chaplain. All others
receive variations on “full honors,” which also include a horse-drawn caisson, a
band and, if requested, escort troops. The only enlisted troops who may receive
full honors are those in the highest enlisted grade, E-9. Medal of Honor
recipients, regardless of rank, also rate the caisson in addition to standard
honors.  The two types of funerals are dramatically different.  The issue has
been raised that Honors rendered should be rendered fairly, based on actions,
not rank and the present custom is due for a change.

     Metzler said there are two reasons why this cannot or should not be done.
The biggest roadblock, he said, is the limited availability of assets for
full-honors funerals. Each service provides its own troops for funerals at
Arlington. But these ceremonial troops also must support presidential and other
official functions in the Washington area. Arlington has two caisson units; each
can do four of the stately funerals per day. It takes time to do the
“turnaround” from one funeral to the next, Metzler said. For example, the horses
must be watered and inspected after each ceremony. Also, the band isn’t always
available, as other official functions beckon — although, Metzler said, “only a
handful” of people opt to wait until the band is available. The average wait for
a funeral at Arlington is five weeks; cemetery workers work to limit the wait to
two weeks for Iraq and Afghanistan war dead, Metzler said. Arlington averages
about 27 funerals a day, five days a week, he said; none are held on Saturdays
or Sundays. There has been an increase of about one funeral per day since the
start of the Iraq war, but most of the burials involve the World War II
generation. “The ability to have more full-honors funerals for everyone, all day
long, isn’t there,” Metzler said. “It’s the caissons. It’s the chapel. It’s the
traffic.”

     An equally important, and more contentious, reason for not rendering honors
based on the circumstances of death rather than rank is having to decide who
rates full honors and who does not, Metzler said. “Where do you draw the line?
Someone will come back and say, ‘My loved one had a Bronze Star with a “V”
device, and it was awarded three times. Is that the equivalent of a Silver
Star?’ I would think that it would be difficult to implement.” As of 18 MAR,
only 473 of the 4,443 service members killed in Iraq and Afghanistan through 1
MAR (i.e. 10.6%) had been buried at Arlington, with highs of 117 burials in 2005
and 2007, and a low of 48 in 2003, Metzler said. Most were enlisted members,
most were killed in action, and the highest decoration most received was the
Bronze Star with “V” device for valor, Metzler said, adding that he has no way
to check the precise number of awards earned by individuals buried at Arlington.
The Army is responsible for operations at Arlington. Army Secretary Pete Geren
and Chief of Staff Gen. George Casey did not respond through a spokesman to a
request for comment. Several veterans’ groups also declined comment. But Joe
Barnes, executive secretary of the Fleet Reserve Association and a co-chairman
of the Military Coalition, an umbrella group of more than 30 military
associations, said “rendering burial honors based on rank “s not a slight
against anyone. This decision is out of respect for the few who were accorded
the opportunity and responsibility to lead”.  [Source: Marine Corps Times
William H. McMichael article 26 Mar 08 ++]


VET CEMETERY CALIFORNIA UPDATE 03:  The Department of Veterans Affairs (VA) has
named the national cemetery to be constructed near Bakersfield, Calif., the
“Bakersfield VA National Cemetery.” The new cemetery is located on a 500-acre
site donated by Tejon Ranch, a 426-square-mile agricultural and industrial
complex along Interstate 5 in Kern County.  It will serve approximately 200,000
veterans in central California who are not currently provided burial space by a
nearby national or state veterans cemetery.  VA anticipates construction of the
first phase of the entire 500-acre development plan to begin in the summer of
2008.  In OCT 07, VA awarded approximately $2.3 million to Huitt-Zollars, Inc.,
of Irvine, Calif., for a master plan and design of the project’s first phase. 
Initial construction will prepare a 20-acre burial area to ensure that veteran
burials can take place before all of the Phase I facilities are completed In
addition to burial areas, Phase I will consist of approximately 50 acres,
including: roadways, an entrance area, an administration and public information
center, a maintenance complex with buildings, a maintenance yard and parking, a
flag assembly area, a memorial walkway and two committal service shelters. Other
infrastructure improvements will include grading, drainage, fencing, planting,
an irrigation system and utilities. Interment areas will include approximately
5,700 full-casket gravesites, 4,000 pre-placed crypts, 500 in-ground cremated
burial sites and 3,000 columbarium niches for cremated remains. 

     Veterans with a discharge other than dishonorable, their spouses and
dependent children are eligible for burial in a national cemetery.  Other burial
benefits for eligible veterans include a burial flag, a Presidential Memorial
Certificate and a government headstone or marker – even if they are not buried
in a national cemetery. More than 3.4 million Americans, including veterans of
every war and conflict — from the Revolutionary War to the current war in Iraq —
are buried in VA’s national cemeteries.  Interested parties can locate points of
contact and available space information at http://www.cem.va.gov/cem/cems/listcem.asp#CA
& http://www.cem.va.gov/cem/scg/lsvc.asp on the following California National
and State veteran cemeteries:
•   Fort Rosecrans National Cemetery San Diego CA
•   Golden Gate National Cemetery San Bruno CA
•   Los Angeles National Cemetery Los Angeles CA
•   Riverside National Cemetery Riverside CA
•   Sacramento Valley VA National Cemetery Dixon CA
•   San Francisco National Cemetery San Francisco CA
•   San Joaquin Valley National Cemetery Santa Nella CA
•   Veterans Memorial Grove Cemetery Yountville CA
•   Northern California Veterans Cemetery Igo CA 

Information on VA burial benefits can be obtained from national cemetery
offices, from the Internet at http://www.cem.va.gov or by calling VA regional
offices at 1(800) 827-1000. Information about the Bakersfield VA National
Cemetery is available by calling the VA Memorial Service Network in Oakland at
(510) 637-6270.  [Source: VA News Release 26 Mar 08 ++]


IRS PHISHING UPDATE 02:  E-mails that fraudulently claim to be from the Internal
Revenue Service to trick taxpayers into giving up personal information have
increased significantly this tax season, according to the IRS and a security
vendor. For two years, the IRS has warned consumers about the fraudulent use of
the IRS name or logo in “phishing" attempts” in which criminals try to gain
access to consumers' financial information to steal their identities and access
banking accounts. In 2006, the agency established the e-mail address
phishing@irs.gov for victims to report incidents along with guidelines on how to
do this at http://www.irs.gov/privacy/article/0,,id=179820,00.html. As of March
of this year, almost 34,000 emails were identified as phishing attempts -- 611
in the first few months of 2008. Of those attempts that occurred in 2007, the
IRS was able to trace the code from the e-mails back to 862 individual phishing
schemes. But that number is likely just a small portion of the total. "This is a
self reporting group," said IRS spokeswoman Michelle Lamishaw. "The group of
people actually receiving them is much larger." The total number of phishing
incidents that have occurred this tax season is difficult to estimate, and those
vary according to the source. Internet security software vendor Secure Computing
says the number of phishing Web sites targeting the IRS increased 3,000% in
January compared to JAN 07. Secure Computing, based in San Jose CA declined to
provide the specific number of phishing attempts, saying they are proprietary.

     The company also reported an increase in the number of phishing Web sites
that are targeting the Electronic Federal Tax Payment System. The majority were
traced to locations in the United States. In terms of phishing attempts, Secure
Computing identified 583 different fraudulent IP addresses sending e-mails on
behalf of IRS.gov between 1 JAN and 5 FEB and more phishing scams in January
than for all of the first six months of last year. "We're also noticing other
sites that offer tax-related services getting targeted -- accountants and tax
service businesses, for example," said Paula Greve, director of Web security
research at Secure Computing. "These [scams are coming] at taxpayer citizens on
all sides, gaining hold of their information." Phishing schemes have become more
sophisticated, now including links that lead to fake but professionally designed
Web sites and bogus interactive applications from the IRS. In one example, a
link takes consumers to what appears to be the IRS "Where's My Refund" page,
which asks taxpayers to check on the status of their tax refunds. The real IRS
application asks for customers' Social Security number, filing status and the
refund amount; the bogus page typically asks for additional personal
information, including a bank account number.

      Some phishing scams pull from current events, such as claiming to relate
to the economic stimulus package approved by President Bush or targeting
organizations that distribute funds to other organizations or individuals. Often
the scam e-mails claim to be sent by the director of the exempt organization's
area of the IRS, asking recipients to click on a link to access a form that is
typically a phishing attempt or download information on tax law changes that, in
fact, downloads malicious code onto a taxpayer's computer that then can take
over the hard drive and access files containing personal information. "Anybody
can spoof a Web site," Lamishaw said. "It's not that hard. They just capture all
of the graphic elements and the font and so on, and then manipulate the
information and questions." No matter how sophisticated the e-mail, Lamishaw
warns consumers not to be fooled. "IRS is not in the habit of sending
unsolicited e-mails," particularly those that ask for any account-related
information. "The few e-mails we send are of the newsletter sort -- where we're
sending info to stakeholders. No one should expect anything, no matter how
legitimate it looks."  [Source: GovExec.com newsletter 26 Mar 08 ++]


TRICARE USER FEE UPDATE 24:   Bush administration officials again have saddled
Congress with an under funded military health care budget by projecting $1.2
billion in savings they know will not be realized, say critics on Capitol Hill.
Part of the false savings, for a third straight year, is tied to the unlikely
scenario that Congress will enact administration plans to raise fees,
co-payments and deductibles for military retirees. Key lawmakers say that won't
happen. But what irritates lawmakers more is that, even if they did embrace the
higher fees recommended by a Department of Defense's Task Force, and penciled
into Bush's fiscal 2009 defense budget, the actual savings realized wouldn't
come close to matching the number that the administration projects. Most of the
$1.2 billion in assumed savings swing on the notion that if fees, co-pays and
deductibles are raised for retirees, tens of thousands of users of Tricare will
drop the military benefit and switch to alternative health insurance offered by
second-career employers. That scenario defies logic, however, as even the
co-chair of DOD's task force on military health care bluntly stated during a 12
MAR hearing of the House armed services' military personnel subcommittee. "With
all due respect to the department, there's nothing they're going to do which is
going to make TRICARE more expensive than what goes on in the private sector,"
said Dr. Gail Wilensky, a prominent healthcare economist. "I know they have used
that argument. I don't know what they're thinking."

     Rep. John McHugh of New York, ranking Republican on the subcommittee, noted
that the false savings built into the '09 budget will be harder for the armed
services committees to overcome this year because the House Budget resolution,
which opposes the TRICARE fee increases, does not add funding to restore DOD's
assumed savings. McHugh vowed that the money will be found. McHugh and Rep.
Walter Jones, R-N.C., suggested that Congress won't allow fee increases unless
they are endorsed by service associations who lobby lawmakers on behalf of
beneficiaries. But Dr. Ward Casscells, the assistant secretary of defense for
health affairs who testified with Wilensky, said association leaders have told
him they are "willing to see a gradual increase in TRICARE fees, co-pays and
deductibles as long as it's not more than within the private sector. Because
they don't want to rob theater care to address the rising cost of retiree care.
McHugh was incredulous over that input and told Casscells, "If you could get any
of that in writing, I would love to see it."

     Representatives of The Military Coalition, an umbrella group that include
scores of service associations and veteran organizations, have testified
previously that it is unfair for DOD officials to keep fees flat for more than a
decade and then try to double or triple them in a few years. The coalition wants
Congress to establish principles regarding military health benefits to protect
their value from the whims of politicians and policymakers, and to establish
limits on future beneficiary cost increases. For example, fees increases for
retirees and survivor beneficiaries in any given year should not exceed the
percentage increase in retired pay or survivor compensation, the coalition
maintains. The coalition opposes the level of fee increases sought by the
administration and specifically objects to imposing new enrollment fees on users
of TRICARE Standard and TRICARE for Life. It also opposes "tiering" of fees and
co-payments based on rank at retirement or level of retired pay. The coalition
argues that retirees paid large "up-front premiums" for their health care
coverage through a career of arduous service.  [Source: Everett WA Herald Tom
Philpott article 22 Mar 08 ++]


VA CLINIC OPENINGS UPDATE 08:   Veterans in seven additional states will have
easier access to health care under a Department of Veterans Affairs (VA) plan to
open 14 new outpatient clinics in 2008.  Secretary of Veterans Affairs Dr. James
B. Peake on 20 MAR announced that VA will establish new clinics in
•    Arkansas - Phillips County
•   Illinois - Coles County
•   Indiana - Scott County
•   Kentucky - Carroll County, Christian County and Graves County
•   Oklahoma – Stillwater
•   Tennessee – Bolivar and Campbell, Dyer, Roane, Sevier, Warren Counties
•   Washington - Lewis County    

The new clinics are scheduled to activate in 2008.  The exact locations of the
new facilities, along with their opening dates and the health care services they
will provide, have to be determined.  VA has previously approved 50 additional
clinics that will begin providing services in 2008 for a total of 64 new clinics
throughout the country this year. Many of the new clinics were designated as
priorities under VA’s Capital Asset Realignment for Enhanced Services (CARES)
plan.  CARES, completed in 2004, was intended to ensure that VA uses its
resources as effectively and efficiently as possible. With 153 hospitals and
more than 700 community-based clinics, VA has the nation’s largest integrated
health care system.  The Department’s health care budget of over $36 billion
this year will provide care to about 5.5 million veterans.  [Source:  VA News
Release 20 Mar 08 ++]


ENLISTMENT POOL:   The armed services' struggle to attract the number of young
men and women needed each year to maintain their required force levels is
increasingly handicapped by a hard set of demographic facts that sharply reduces
the pool of potential recruits and by emotional barriers that may block access
to the best prospects. "We should not lose sight of the fact that, although the
youth population is large, a relatively small proportion of American youth is
qualified to enlist," David Chu, undersecretary of Defense for personnel and
readiness, testified recently. "It is an unfortunate fact that many in the
contemporary youth population are currently ineligible to serve." Chu and
service officials point out that only about three of every 10 Americans of
military age -- generally considered 17 to 24 years old -- can meet the
standards for military service. In testimony to Congress, Chu cited the grim
statistics: About 35%  are medically disqualified, with obesity a large
contributing factor; 18%  are barred due to a record of abusing drugs or
alcohol; 5% have serious conduct/criminal problems; 6% have too many dependents,
and 9%  scored in the lowest aptitude category on the enlistment test. Another
10% are qualified but considered unavailable because they are attending college.
That leaves fewer than 5 million potential recruits out of the total of about 31
million Americans of age to serve in the military. From that reduced field, the
services need about 300,000 recruits a year for their active, reserve and
National Guard forces.

     The number of potential recruits is reduced by the Pentagon's requirement
-- based on years of studies on what qualities indicate a high probability of
being able to perform necessary tasks and completing a term of enlistment --
that 90%  of recruits have a high school diploma, or a GED. Nationally, 70% of
young people graduate from high school, with the averages as low as 50% in some
urban areas and among minorities. Military recruiting officials note that many
young people with high school diplomas cannot pass the enlistment tests. To make
the situation worse, access to that limited pool of eligible recruits often is
blocked by opposition from parents, teachers or other influencers, or by a young
person's inclinations. Service leaders say the percentage of military aged
Americans indicating any interest in military service is the lowest on record.
In the face of these limits, the services are taking extraordinary steps to meet
recruiting quotas. The Army, which must attract about 170,000 new soldiers this
year for its active and reserve force, initiated programs to help young men or
women get their GED or pass the aptitude tests and one that gives slightly
overweight individuals a year after enlisting to meet weight standards. All of
the services provide some waivers for the high school education requirement or
other factors.  The Army has had to use this authority the most, offering three
times as many this year as in 2005. Army Secretary Pete Geren said a study
showed that the 17,000 soldiers brought into Army on waivers have performed
better than the average enlistee.  [Source: Congress Daily Otto Kreisher article
24 Mar 08 ++]


MEDICARE FRAUD UPDATE 05:   Federal prosecutors have charged the Miami-area
medical billing company All-Med Billing Corp with orchestrating a $101 million
scheme to bilk Medicare. Among other things, the indictment alleges they helped
various Durable Medical Equipment (DME) providers to improperly obtain the
Medicare billing numbers of beneficiaries and that those numbers were used for
fake charges. They also forged or altered prescriptions to make it appear as if
patients needed equipment they did not, according to the indictment. Now owners
Abner and Mabel Diaz are facing a criminal trial; two of the six other
defendants in the case have already pleaded guilty. This indictment is another
positive result for the Medicare Fraud Strike Force, a joint experiment of the
Federal Bureau of Investigations, the Miami US attorney's office, and Medicare.
Relying on traditional investigative methods and heightened interagency
cooperation to quickly identify patterns of irregular billing, the one-year-old
force charged 197 defendants last year – accounting for about 1 in 4 of all
Medicare-fraud defendants in the United States. Fraud plagues Medicare, the
federal program created in 1965 for the elderly and disabled. It's difficult
finding a credible estimate to quantify how much is stolen every year, but it
likely costs taxpayers billions of dollars. What's clear is that South Florida,
with its fast-growing Medicare population, is the country's worst offender in
Medicare fraud. This unfortunate distinction prompted the formation of the
strike force last March.  Kirk Ogrosky, who manages the strike force in
Washington for the Department of Justice, says the concept is being replicated
in Los Angeles based on its success in Florida. A Houston strike force is
planned to be set up this summer, says Mr. Ogrosky.

     It's a common scam, strike force officials say. Crooked DME operators bill
Medicare without providing patients any equipment. In the other common scam,
providers bill Medicare for expensive HIV drugs that patients never receive.
Instead, they may get a heavily diluted version of the drug or a bag of saline
that is supposed to be an HIV infusion. Another problem is when doctors or
patients join the scam. Doctors often write unnecessary prescriptions in
exchange for kickbacks from providers (although it's also common for providers
to write or alter prescriptions without doctors' knowledge). Patients also may
get kickbacks for allowing their Medicare numbers to be used in billing bogus
medical goods and services. "We arrested eight patients last year – what we call
'professional patients,'" says Tim Delaney, the FBI leader on the Medicare
strike force. "They were making a living by renting out their Medicare number
and going for treatments they weren't getting." He estimates the phony patients
were making "thousands to tens of thousands of dollars" a year. When the US
Department of Health and Human Services investigated the three largest South
Florida counties – Miami-Dade, Broward, and Palm Beach – last year it discovered
that a quarter of the 1,581 DME providers it visited at random were either not
staffed or closed during business hours. An additional 6% had no physical
facility whatsoever.  Another 2007 health department study concluded that South
Florida accounts for 72% of all Medicare HIV claims, although only 8% of
Medicare HIV patients live there.

    Florida's Sen. Mel Martinez (R) recently proposed doubling the maximum jail
sentence for Medicare fraud to 10 years and sharply increasing fines. The
legislation passed the Senate last month and is currently in committee in the
House.  Medicare is moving to tighten its protocols. All South Florida DME
providers were required to reapply for billing privileges last fall. Medicare
has proposed a rule that would require such providers to post a $65,000 bond
that they would forfeit in the event of fraud. Medicare will also expand its
internal auditing by 2010.  But with 1.2 billion claims to process yearly, the
mammoth system is still an easy target, says Kim Brandt, Medicare's director of
program integrity. Scammers know that "because there are so many dollars, so
many claims getting paid, there's a very good chance they're not going to get
caught," she says.  In the last fiscal year, the strike force's civil-law
division recovered $50 million in assets from those accused of Medicare fraud –
sometimes even before defendants faced criminal charges.  "With this task force,
they've decided to do the right thing and go after fraud in a systematic manner.
And the results have been spectacular," says Patrick Burns, communications
director for the nonprofit group Taxpayers Against Fraud. But given the scope of
the problem, much more needs to happen, he says. "We're fishing the ocean with
one pole." [Source: Christian Science Monitor 25 Mar Edition ++]


HEALTH CARE MYTHS:   Fictions don't become facts through repetition. Keep that
in mind next time you hear a politician breathlessly decry the horrors of the
American health-care system and then explain how he/she intends to fix it. Some
of the most popular talking points in the health-care debate pass as the gospel
truth simply because, well, they're popular — not because they're true. Granted,
statistics and surveys can substantiate most anything you want them to just by
the way you ask the question or collect the information.  However, the following
five items you should take with a grain of salt the next time they are
discussed:

(1) Forty-seven million Americans do not have health insurance. This figure
comes from the U.S. Census Bureau. What most people don't know, however, is that
the Bureau counts anyone who went without health insurance during any part of
the previous year as "uninsured." So if you weren't covered for just one day in
2007, you're one of the 47 million. That also includes 10.2 million illegal
immigrants, and about 14 million people who are eligible for public health-care
programs like Medicaid or the State Children's Health Insurance Program but have
yet to enroll. And nearly 10 million of the uninsured have household incomes of
more than $75,000 — so they can probably afford to buy health insurance but
choose not to.

(2) Universal health-care coverage can be achieved via "individual mandate."
According to the federal census, nearly two-thirds of the uninsured are aged 18
to 34. This makes sense — healthy people aren't going to pay for expensive
insurance they'll never use. Those who support an "individual mandate" believe
by legally requiring all Americans to buy health insurance the young and the
healthy will increase the size of the risk pool and therefore lower premiums for
everyone. As a way to enforce an individual mandate, some suggest garnishing
wages. But many states require insurers to charge everyone the same rate. So,
young people would end up paying far more in premiums than they should — or
could — pay. It's patently unfair to force people to purchase insurance they
can't afford. Even in Massachusetts, which offers substantial premium subsidies
for low-income residents, the government had to exempt a fifth of Bay Staters
from the individual mandate because insurance was still so expensive. And, the
plan is already $147 million over budget. The real way to attract young adults
into the insurance market is to lower premiums — not to impose draconian
sanctions.

(3) Expensive prescription drugs are a big reason health-care costs increase.
The real price of prescription drugs is actually decreasing. In 2007, inflation
rose more than 4%, while drug prices increased just 1%. So in real terms, drugs
were 3% cheaper last year than in 2006, on average. What's more, drug spending
is but a small slice of total health-care spending — less than 11 cents out of
every health-care dollar goes to prescription meds. And drugs actually reduce
health-care costs in the long-term. Medicare, for instance, saves $2.06 for
every additional dollar it spends on pharmaceutical drugs, according to a paper
recently published by the National Bureau for Economic Research. Prescription
drugs often obviate the need for expensive surgeries and hospital stays.

(4) Drug importation will save patients a fortune. At most, according to the
Congressional Budget Office, foreign drug importation would save Americans 1%
over the next decade. Brand-name drugs are cheaper in foreign countries because
their governments impose price controls. Drug-makers can only afford to sell
pills at cut-rate, controlled prices in Europe and Canada because Americans pay
full price. If American politicians allow foreign drugs to enter the U.S.
market, they'll in effect import price controls too. Such action will not only
create practical problems, like shortages but also deny firms the return on
investment necessary to plunge into the next round of research and development
into new cures. It takes nearly $1 billion to bring a new drug to market.
Investors are willing to make such a risky investment because the rewards of
developing a cure for Non-Hodgkin's lymphoma, AIDS or diabetes are considerable.
If the profit motive vanishes, the miracle cures for which America's drug
industry is responsible would vanish.

(5) The state-run health-care systems in Canada and Europe are better and
cheaper than America's. Those who make this claim usually note that life
expectancy is higher in Canada and Europe. But life expectancy is influenced by
a number of variables aside from the quality of a country's health-care system —
like diet, genetics, exercise, smoking, pollution and even marital status. A
study published last year in the British medical journal the Lancet suggests
America is much better at treating cancer than Europe or Canada. Researchers
found Americans have a better survival rate for 13 of the 16 most prominent
cancers. An American man has nearly a20 % better chance of living for five years
after being diagnosed with cancer than his European counterpart. This study's
findings tell us a lot more about the quality of a health-care system than life
expectancy rates do, because the relationship between treatment and outcomes is
tighter, clearer and more direct.
[Source: Washington Times 21 Mar 08 ++]


SBP TERMINATION UPDATE 01:   There are four payment termination scenarios for
retirees who have elected SBP:
1.  Between the 25th and 36th month after the retiree begins to draw retirement
pay. Your spouse must concur in such an election to withdraw and there is no
premium refund or renewal option.
2.  Divorce or death of the eligible beneficiary. No premium refund but SBP may
be reinstated within one year of acquiring a new spouse.
3.  Rated by the VA as totally disabled for 10 or more continuous years or less
than 10, but more than five, years continuous from the last date of active duty.
Under these circumstances, your death would be presumed to be of
service-connected causes, ensuring your spouse's entitlement to DIC. When you
die, your spouse will be refunded all premiums paid, except for the added costs
associated with an Open Enrollment period. Your spouse must concur in such an
election to withdraw and there is no renewal option.
4.  Any retiree who is age 70 or older and whose retired pay has been reduced
for SBP premiums for at least 360 months.  Coverage continues without premiums
with no premium refund.

     Under option 3 you and your spouse may find no advantage to continue SBP
coverage. However, before you make a final decision there are a number of
factors to be considered:

a.) How much retirement pay do you draw?  Current DIC rate for 2008 is $1091 for
veterans whose death resulted from a non service-related injury (i.e. accident,
murder or suicide) or disease.  VA will add to this $233 monthly if you have
been disabled for 8 years prior to death and the spouse has been married to you
this entire time.  At 55% of base pay how much will be your SBP benefit? If less
than $1324 monthly she/he will have to forfeit it IAW current law to receive
DIC.  If so, all premiums paid to date will be refunded to your beneficiary in
lump sum.
b.) SBP is taxable whereas DIC is not.  Thus, the lump sum refund of premiums
will be considered income for the tax year in which you die if it is paid by 31
DEC of that year.   Your spouse will be able to file a joint tax return for that
year allowing her to claim the standard deduction for two and married filing
jointly deductions on her gross income.  Using 2007 figures this equates to 
$6800 and  $10700 (more if over 65at time of death) for a joint return vice
$3400 and $5350 for a single return. This equates to approximately $875 in
reduced tax.   If the payment is not made until after 31DEC of the year in which
you die she will have to pay tax on the full amount of the refund without the
benefit of including you in her exemptions.  Payments can take in excess of 5
months.
c.) Nonresident aliens are taxed automatically at the rate of 30%, unless there
is a tax between the United States and the foreign country permitting lesser
rate.  This includes any lump payment of premium refunds. 
d.) The 2008 NDAA authorized a special “indemnity allowance” payment of $50 per
month effective 1 OCT 08 to survivors of members entitled to retired pay (or of
Guard/Reserve retirees who died before age 60) whose SBP annuities are reduced
by VA survivor benefits (DIC), That amount will increase by $10 each year for 5
years. The indemnity allowance might be perceived as a first step toward easing
the ban on concurrent receipt for military widows. DFAS has not yet published
the guidelines on to whom this will be paid.  To withdraw from SBP now could
eliminate any future option of receiving this amount and/or full SBP in addition
to full DIC if Congress subsequently approves legislation to accomplish this. 
In recent years this legislation has been introduced annually and each year has
advanced further through the legislative process than in the previous year.
e.) By 1 OCT 2012 under current law the spouse will be receiving an extra $1200
indemnity allowance per year.  To drop SBP the lump sum payment of all premiums
paid would have to equal or exceed $24,000 to earn $1200 in taxable interest at
a rate of 5%. 

Eligible retirees must complete a DD Form 2656-2, SBP Termination Request
available at http://web1.whs.osd.mil/forms/DD2656-2.PDF, and, if married, obtain
their spouse’s written concurrence (notarized or witnessed by an authorized
military representative). For additional info on SBP refer to
www.dfas.mil/retiredpay/survivorbenefits/generalinformation.html or call 1(800)
321-1080. For DIC refer to www.vba.va.gov/bln/dependents/spouse.htm or call
1-800-827-1000 [Source:  Various Mar 08 ++]


HANNAFORD BROS DATA BREACH:   Two class-action lawsuits have been filed on
behalf of customers of the Maine-based Hannaford Bros. supermarket chain, which
on 17 MAR acknowledged a data breach that exposed card numbers involved in 4.2
million credit and debit transactions, leading to about 2,000 cases of reported
fraud. According to Hannaford, stolen data included credit and debit card
numbers and expiration dates, but did not include customer names and addresses.
Security breaches occurred from 7 DEC 07 to 10 MAR 08 and involved 165 Hannaford
stores in the Northeast, 106 Sweetbay stores in Florida and some independent
stores in the Northeast that sell Hannaford products. The Hannaford breach is
nowhere near as large as the TJX breaches that began in 2005 and involved at
least 45.7 million credit and debit cards. But it has placed a renewed public
emphasis on the retail industry's failure to protect all customer data.
Hannaford officials say the data was illegally accessed from their computer
systems during transmission of card authorization.  Within days after the breach
was revealed:

•   The law firm Berger & Montague of Philadelphia filed a class action suit in
U.S. District Court in Maine on behalf of all consumers whose card data was
stolen. The suit says Hannaford was "negligent for failing to maintain adequate
computer data security of customer credit and debit card data, which was
accessed and stolen by a computer hacker," according to a press release.
•   Another lawsuit was filed by Bangor, Maine, attorney Samuel Lanham Jr.,
whose suit claims "the matter in controversy exceeds $5 million," according to
the Bangor Daily News. Lanham's suit asks U.S. District Court to find Hannaford
negligent and order the company to pay for credit monitoring needed by the data
breach's victims.
•   Computerworld blogger Robert Mitchell reported that one bank's analysis of
5,500 compromised Visa cards indicates that most affected card numbers were used
in debit transactions involving PIN numbers. "That's not great news for
consumers, since with credit cards the user is only responsible for the first
$50 in fraudulent transactions," Mitchell wrote. "With debit cards, there is no
such guarantee. Also, the money comes right out of your checking account, which
means a large fraudulent withdrawal could make a hell of a mess of all the
checks and electronic payments you have in process."
•   Massachusetts Attorney General Martha Coakley issued an advisory to
consumers who have shopped at Hannaford stores, with several pieces of advice.
Hannaford shoppers may want to contact one of the three major credit bureaus
(Equifax,Experian  or TransUnion) and place a one-call fraud alert on their
credit reports, Coakley states. Consumers who find unexplained or unauthorized
activity on their credit reports or bank accounts may consider several possible
steps, including placing a security freeze on their credit reports and
contacting the fraud departments of their credit card issuers and banks..
[Source: Network World Jon Brodkin article 21 Mar 08]


NIH DATA BREACH:   A government laptop computer containing sensitive medical
information on 2,500 patients enrolled in a National Institutes of Health (NIH)
study was stolen in FEB 08, potentially exposing seven years' worth of clinical
trial data, including names, medical diagnoses and details of the patients'
heart scans. The information was not encrypted, in violation of the government's
data-security policy. NIH officials made no public comment about the theft and
did not send letters notifying the affected patients of the breach until 20 MAR
-- almost a month later. They said they hesitated because of concerns that they
would provoke undue alarm.  The handling of the incident is reminiscent of a
2006 theft from the home of a VA employee of a laptop with personal information
about veterans and active-duty service members. In that case, VA officials
waited 19 days before announcing the theft. "The shocking part here is we now
have personally identifiable information -- name and age -- linked to clinical
data," said Leslie Harris, executive director of the Center for Democracy &
Technology. "If somebody does not want to share the fact that they're in a
clinical trial or the fact they've got a heart disease, this is very, very
serious. The risks of identity theft and of revealing highly personal
information about your health are closely linked here." An initial effort by
information technology personnel failed to encrypt the laptop before it was
stolen and Arai neglected to follow up, according to NHLBI spokeswoman Susan
Dambrauskas.

     NIH officials said the laptop was taken 23 FEB from the locked trunk of a
car driven by an NHLBI laboratory chief named Andrew Arai, who had taken his
daughter to a swim meet in Montgomery county. Arai oversees the institute's
research program on cardiac magnetic resonance imaging. It was considered a
random theft.  According to a chronology provided by Dambrauskas, three offices
that focus on information security within NIH and the Department of Health and
Human Services were contacted within three days of the theft.  But officials did
not report it to the NHLBI Institutional Review Board -- whose job is to protect
the well-being of patients in research -- until 29 FEB, six days after the
theft. That put the matter on the board's agenda for its next meeting, on 4 MAR,
according to the board's chairman, Alison Wichman. "We didn't feel that subjects
were at immediate risk," she said. "We felt that we had some time to be thorough
in our evaluation. In the end, that may or may not have been appropriate." NIH
spokesman John T. Burklow said “during the meeting, the board had long and
intense" discussions about what to do, as there were concerns about not causing
patients undue alarm. The board nonetheless voted unanimously to ask Arai to
draft a notification letter, Wichman said. At its next meeting, on 18 MAR, the
board reviewed the letter. Two days later, it gave final approval.   The letter
to the patients said that some personally identifiable information was on the
stolen computer, including names, birth dates, hospital medical record numbers
and MRI information reports, such as measurements and diagnoses. Social Security
numbers, phone numbers, addresses and financial information were not on the
laptop, officials said.

     The incident is the latest in a number of failures by government employees
to properly secure personal information. This month, the GAO found that at least
19 of 24 agencies reviewed had experienced at least one breach that could expose
people's personal information to identity theft.  After the theft of the VA
laptop, which contained sensitive personal information about 26.5 million
veterans and military service members, the Office of Management and Budget (OMB)
issued in 2006 guidelines recommending that portable electronic devices be
routinely loaded with encryption software. Last May, it decided to require such
encryption unless a senior agency official certifies that the device does not
contain sensitive information. It also required limiting remote access to
sensitive data repositories to authorized users with two methods of
authenticating their identity, and documenting whenever sensitive information is
downloaded and by whom.  The OMB memo required that agencies report a suspected
or confirmed breach of personally identifiable information to US-CERT, a
Department of Homeland Security Computer Emergency Readiness Team, within one
hour of discovery -- a deadline NIH says it met. In the case of the VA data, the
laptop and hard drive were recovered. The FBI confirmed that the data had not
been compromised. Two burglars were caught and convicted.

     Editors Note:   This is just another in a continuing series of incidents
which substantiates the government, or any other financial institutions 
inability to maintain confidentiality of our  personal data exposing us to
identity theft no matter how careful we are in securing our records. Readers who
have not yet obtained identity theft insurance are advised to do so.  A number
of companies providing this coverage can be found on the internet.  One,
“Lifelock” offers a 25% discount to the military community.  [Source: Washington
Post Ellen Nakashima & Rick Weiss article 24 Mar 08 ++]


FLUORESCENT BULB HAZARDS:  Compact fluorescent light bulbs, long touted by
environmentalists as a more efficient and longer-lasting alternative to the
incandescent bulbs that have lighted homes for more than a century, are running
into resistance from waste industry officials and some environmental scientists,
who warn that the bulbs’ poisonous innards pose a bigger threat to health and
the environment than previously thought. Fluorescents (the squiggly, coiled
bulbs that generate light by heating gases in a glass tube) are generally
considered to use more than 50%  less energy and to last several times longer
than incandescent bulbs. But while the bulbs are extremely energy-efficient, one
problem hasn’t gone away: All CFLs contain mercury, a neurotoxin that can cause
kidney and brain damage. The amount is tiny — about 5 milligrams, or barely
enough to cover the tip of a pen — but that is enough to contaminate up to 6,000
gallons of water beyond safe drinking levels, extrapolated from Stanford
University research on mercury. Even the latest lamps promoted as “low-mercury”
can contaminate more than 1,000 gallons of water beyond safe levels. As long as
the mercury is contained in the bulb, CFLs are perfectly safe. But eventually,
all break or burn out and must be disposed of.  Manufacturers and the EPA say
broken CFLs should be handled carefully and recycled to limit dangerous vapors
and the spread of mercury dust. EPA offers the below detailed procedure to
follow for cleanup and/or disposal:

Prepare the cleanup site -
1.)  Before cleanup: Vent the room. Open a window and leave the room for 15
minutes or more.
2.)  Shut off the central forced-air heating/air conditioning system, if you
have one.

For Hard surfaces -
1.) Carefully scoop up glass fragments and powder using stiff paper or cardboard
and place them in a glass jar with metal lid (such as a canning jar) or in a
sealed plastic bag.
2.)  Use sticky tape, such as duct tape, to pick up any remaining small glass
fragments and powder.
3.)  Wipe the area clean with damp paper towels or disposable wet wipes and
place them in the glass jar or plastic bag.
4.)  Do not use a vacuum or broom to clean up the broken bulb on hard surfaces.

For carpeting or rug - 
1.) Carefully pick up glass fragments and place them in a glass jar with metal
lid (such as a canning jar) or in a sealed plastic bag.
2.) Use sticky tape, such as duct tape, to pick up any remaining small glass
fragments and powder.
3.) If vacuuming is needed after all visible materials are removed, vacuum the
area where the bulb was broken.
4.)  Remove the vacuum bag (or empty and wipe the canister), and put the bag or
vacuum debris in a sealed plastic bag.

Disposal of cleanup materials -
1.) Immediately place all cleanup materials outside the building in a trash
container or outdoor protected area for the next normal trash.
2.)  Wash your hands after disposing of the jars or plastic bags containing
cleanup materials.
3.)  Check with your local or state government about disposal requirements in
your specific area. Some states prohibit such trash disposal and require that
broken and unbroken lamps be taken to a recycling center.

Future cleaning of carpeting or rug -
1.) For at least the next few times you vacuum, shut off the central forced-air
heating/air conditioning system and open a window prior to vacuuming.
2.) Keep the central heating/air conditioning system shut off and the window
open for at least 15 minutes after vacuuming is completed.
[Source:  MSNBC Alex Johnson article 20 Mar 08 ++]


VA DENTAL TREATMENT UPDATE 01:   Outpatient dental benefits are provided by the
Department of Veterans Affairs according to law. In some instances, VA may
provide extensive dental care, while in other cases treatment may be limited. 
Veterans are eligible for outpatient dental treatment if they are determined by
VA to meet one of the following criteria:

•   Those having a service-connected compensable dental disability or condition
are eligible for any needed dental care.
•   Those who were prisoners of war (POWs) and those whose service-connected
disabilities have been rated at 100% or who are receiving the 100% rate by
reason of individual unemployability are eligible for any needed dental care.
•   Those who are participating in a VA vocational rehabilitation program under
38 U.S.C. chapter 31 are eligible for dental care necessary to:
1.)  Enter into a rehabilitation program, achieve the goals of the veteran’s
vocational rehabilitation program; or prevent interruption of a rehabilitation
program; or
2.) Hasten the return to a rehabilitation program of a veteran in interrupted or
leave status; or
3.) Hasten the return to a rehabilitation program of a veteran placed in
discontinued status because of illness, injury or a dental condition; or
4.) Secure and adjust to employment during the period of employment assistance;
or
5.) To achieve maximum independence in daily living.

•   Recently discharged veterans with a service-connected noncompensable dental
condition or disability who served on active duty 90 days or more and who apply
for VA dental care of within 180 days separation from active duty, effective 28
JAN 08 may receive one time treatment for dental conditions if the dental
condition is shown to have existed at the time of discharge or release and the
veteran’s certificate of discharge does not indicate that the veteran received
necessary dental care within a 90-day period prior to discharge or release. This
includes veterans who reentered active military, naval, or air service within 90
days after the date of a prior Note: Veterans discharged between 1 AUG 07, and
27 JAN 08, are eligible for the dental benefit by making application within 180
days (formerly 90  days) of their discharge. Veterans previously denied this one
time dental benefit because application was made outside of the previously
mandated 90 day period after separation will be contacted to review and correct,
as appropriate, your application denial. Affected veterans may also contact
their local medical center to review and correct, as appropriate, their denied
application.
•   Those having a service-connected noncompensable dental condition or
disability resulting from combat wounds or service trauma are eligible for
repeat care for the service-connected condition(s).
•   Those having a dental condition clinically determined by VA to be currently
aggravating a service-connected medical condition are eligible for dental care
to resolve the problem.
•   Those with nonservice-connected dental conditions or disabilities for which
treatment was begun while the veteran was in an inpatient status in a VA medical
center, when it is clinically determined to be necessary to complete such dental
treatment on an outpatient basis.
•   Those receiving outpatient care or scheduled for inpatient care may receive
dental care if the dental condition is clinically determined to be complicating
a medical condition currently under treatment.
•   Certain veterans enrolled in a VA Homeless Program for 60 consecutive days
or more may receive certain medically necessary outpatient dental services.

For more information about eligibility for VA medical and dental benefits,
contact the Health Benefits Service Center at 1(877) 222-8387 or
www.va.gov/healtheligibility. Note: Veterans awarded a temporary total
disability rating by the Veterans Benefits Administration are not eligible for
comprehensive outpatient dental services.  [Source: VA Fact Sheet 164-3 Mar 08
++]


NORTH DAKOTA VET HOME:   Lawmakers agreed to raise the spending ceiling for
North Dakota’s proposed new Lisbon Veterans Home by $4.5 million, responding to
higher costs brought on by design changes to the facility. The change was
endorsed despite some lawmakers’ doubts that the Legislature’s Budget Section,
which reviewed the issue 19 MAR had the authority to make the decision. Rep.
Jeff Delzer (R-Underwood), argued that the problem should be considered by the
entire Legislature. Last year, the Legislature set aside $21.1 million for the
Veterans Home, with the federal Veterans Administration supplying $12 million.
The existing home has 150 beds, and the VA is subsidizing 121 of the 150 beds
planned for the new facility.  Mark Johnson, the Veterans Home’s administrator,
told legislators that initial cost estimates for the new home had been hastily
assembled. It is now expected to cost $25.6 million.  The Veterans
Administration also wants a more sprawling ‘‘neighborhood and household’’
design, in which groups of 13 and 14 rooms are set aside in separate units,
Johnson said. The layout costs more, but Johnson said it has benefits.  The
proposed home will have 98 rooms for basic care, of which four will be double
rooms. Fifty-two private rooms will be reserved for veterans needing skilled
nursing care, Johnson said. State officials have assembled a money package that
attempts to cover enough of the state’s share of the higher costs to make it to
the 2009 Legislature. It includes a state Department of Commerce grant for a
geothermal heating system for the new building, money from a state contingency
fund and part of a trust fund that provides aid for veterans’ programs. The
$728,000 in state aid, when added to $1.4 million in additional Veterans
Administration assistance, gets supporters of the new home almost halfway to the
$4.5 million they need. Johnson said the 2009 Legislature will be asked to
provide another $2.4 million. He hopes the new home will be finished in June
2010.

     The North Dakota Veterans Home is located on the south edge of Lisbon ND
near North Dakota Highway 32. The facility is nestled in the picturesque
Sheyenne River Valley. It consists of two levels of care to meet residents’
individual needs. The 4-story building Basic Care Unit has a capacity of 111 
provides service to individuals that are independent and need only minimal
nursing services. Medical and nursing supervision is available. Meals are
provided in a central dining room. The Skilled Nursing Home Unit has a capacity
of 38 for those individuals who need more intense nursing services. This
(Nursing Home Care) is the unit in which the Resident requires ongoing nursing
supervision and/or assistance in one or all areas of physical needs and
activities of daily living. Care in this area ranges from total assistance in
all care needs to supervision of one or two care needs, depending upon the
resident's capabilities. Medical care is available on a regular and frequent,
but not continuous, basis. The North Dakota Veterans Home Skilled Unit is a
licensed Medicare/Medicaid provider.  Admission eligibility extends to veterans
who are:
1.  Bona fide residents of North Dakota for at least one year;
2.  Served in a North Dakota Regiment (activated N.D. National Guard);
3.  Entered the Armed Services as North Dakota residents; or
4.  Spouse or surviving spouse of above veteran (married 5 years. Or more and at
least 45 years of age).

No veteran may be considered eligible for residency whose last period of service
in the armed services was terminated under dishonorable conditions or, has been
convicted of a felony or a crime involving moral turpitude, without producing
sufficient evidence of subsequent good conduct and reformation of character so
as to satisfactory to the board of admissions. The Basic Care Unit requires that
potential residents have total independence with personal care needs; such as,
bathing, dressing, eating, ambulating (walking), toileting, transferring, etc.
The potential resident must also be able to ascend and descend stairs. If the
potential resident has a chemical or mental health condition it must be
stabilized at the time of admission. The Skilled Care Unit requires that a
potential resident meet the North Dakota criteria for nursing home placement.
 
     Basic Care Rent is calculated as 25% of a resident's first $1200 of annual
rent eligible income and 50% of additional rent eligible income. Annual rent
will be divided by 12 to determine monthly rent. The maximum amount of rent
charged for JAN to DEC 04 was $6600, which prorates to $550 per month.
Additional rent charges will be billed for residents that have requested a
private room. Charges for a single private room will be $1.00 per day and $1.50
per day for a double private room. Skilled Care Rent calculations are not
applicable to Skilled Care Residents as they are charged a daily rate as
developed by the State of North Dakota Human Services Case Mix System. The case
mix amount is reduced by the Veterans Administration per diem. Residents covered
under Medicare or Medicaid will be responsible for their recipient liability
amount.  For additional info refer to http://www.nd.gov/ndvh.  [Source: Minot
Daily News 21 Mar 08 ++]


VETERAN CHARITIES UPDATE 08:  Aid to Southeast Asia (ASA) is a Minneapolis-based
non-profit organization with a stated mission of delivering medical equipment,
supplies and training to Vietnam.  It's funded, in part, by a thrift shop in
Greenfield MN called USA Family Thrift. The store collects clothing and other
household items and resells them. The store gives the charity a portion of the
sales price. ASA recently mailed postcards soliciting donations which have
"Vietnam Veterans" written in large, bold letters across the top, followed by
the statement "We need your Discards!" Smaller print on the back says, "We
support U.S. Veteran's programs." The postcard caught the attention of leaders
of local veterans groups who allege the organization doesn't provide charity to
any veterans. Greg Jacobs of the U.S. Veterans Affairs regional office also
said, "They have nothing to do with Vietnam veterans". When Public Investigator
asked the woman who answered the donation-pickup line which veterans groups the
agency worked with, she said "local veterans programs," and that the store
provided vouchers for homeless people to get clothing and furniture.

     ASA was founded in 1989 by three men who say they are veterans of the
Vietnam War, but the agency does not support U.S. veterans of the Vietnam War.
The president of the three-member board, John Catterson, acknowledged that in a
phone interview from his New York law firm this week. Catterson said that
although the agency spent roughly $100,000 on the postcards, he was not aware
that they said "Vietnam Veterans." "We pay for the printing, but we don't always
see all of it." Thrift shop workers designed the postcard”, he said.  Catterson
also denied knowing that the people who answer the phone to arrange donation
pickups use the greeting "Vietnam veterans." He said he didn't know they were
giving out false information about services offered veterans. "We don't support
programs in the U.S. We never have," Catterson said. "We don't hold ourselves
out as servicing Vietnam veterans in this country." "We lied, and that shouldn't
be happening," Catterson said promising to look into the matter. Jack Dyke,
owner of the thrift store, said he doesn't handle the charity side of business
and acts only as a vendor. He said he was not responsible for designing the
postcard. "They do all the advertising," Dyke said of Aid to Southeast Asia.
About seven or eight years ago, the thrift shop did buy some items from Vietnam
Veterans of America (VVA), a national veterans group, but the two haven't done
business since, Dyke and a spokesman for the VVA said. A spokesman for the state
attorney general's office hadn't heard of the thrift shop or nonprofit but said
the situation raises flags. "Making false representations in connection with the
sale of goods or raising money can amount to fraudulent activity and can be
prosecuted," said Department of Justice spokesman Kevin St. John. 

Editors Note: Bottom line in many parts of the country charity has become a
business and that preys on people's sympathies to line their own pockets. If you
want to donate to help your fellow veterans or current servicemembers, a good
rule of thumb to go by is to donate to organizations that you know are
legitimate and well-established. The VA has published a Directory of Veterans
Service Organizations, which you can access by logging onto www1.va.gov/vso.
[Source: Milwaukee Journal sentinel Raquel Rutledge article 20 Mar 08 ++]

VA SALMONELLA VACCINE:  When the space shuttle Endeavour took off in MAR, it
carried worm eggs and salmonella as part of Department of Veterans Affairs
experiment research into a Salmonella vaccine. Worms that hatch from the eggs
will be exposed to Salmonella, and researchers hope that studying their immune
response will help identify a strain of the disease that could be used as a
basis for a vaccine, according to a VA statement. Under normal lab conditions on
Earth, Salmonella loses its ability to infect hosts quickly, said Tim Hammond,
with the VA medical center in Durham, N.C., the experiment's lead researcher.
Experiments on salmonella last year, however, showed that the bacteria become
two to three times more potent in space. Researchers are exposing several
different types of worm to the bacteria to try and control for any effects
spaceflight might have on the worms. Salmonella is the most common form of food
poisoning in the U.S., and Salmonella diarrhea is one of the top three causes of
infant mortality worldwide. [Source: Frederick News Post Justin Polk article 20
Mar 08 ++]


VA MENTAL HEALTH PROGRAM:  VA’s chief mental health official said in recent
testimony before the House Veterans Affairs Committee (HVAC) that VA has
significantly increased its mental health budget and greatly enhanced its
suicide prevention services. Dr. Ira Katz, deputy chief of Patient Care Services
for VA’s Office of Mental Health, testified VA will spend $3 billion in fiscal
2008 on mental health services for veterans – a 50% increase since 2001. VA has
hired more than 3,600 new mental health employees since 2005, bringing the
current total to more than 10,000. Testifying at the Committee’s hearing
focusing on suicide prevention, Dr. Katz said VA has expanded its services in
several ways, including the recent addition of a 24-hour, seven-day a week
Suicide Prevention Hotline (1-800-273-TALK). He said VA now has suicide
prevention coordinators at each of its 153 hospitals nationwide, and has more
than 200 mental health providers whose jobs are specifically devoted to
preventing suicide among veterans. In addition, VA educates veterans and family
members and trains employees about suicide risk factors and warning signs of
suicide. [Source: Vet Group Liaison Officer Kevin Sector article 21Mar 08 ++]


FLORIDA VET PROPERTY TAX RELIEF:  The Florida House of Representatives approved
a joint resolution on 19 MAR that will give Floridians a chance to vote for a
constitutional amendment during the November general election to provide
property tax credits to deployed military personnel who own homestead property
in Florida. If approved by the voters, the measure could save Florida military
personnel $14.9 million on their 2010 tax bills, assuming current millage rates.
According to the Florida Department of Military Affairs, approximately 25,525
military personnel who claim Florida as their home of record are currently
deployed overseas on active duty in support of Operation Iraqi Freedom and
Operation Enduring Freedom. The amount of the credit is determined by the number
of days those members are deployed on active duty outside the continental United
States, Alaska , and Hawaii in designated military operations. The measure
passed unanimously, 115-0. [Source: FL House of Representatives Press Release 19
Mar 08 ++]


DECA DOUBLE COUPON POLICY:   Military coupon users may wonder why they do not
get double coupon offers at the Commissary.  This is because by law,
commissaries must sell items at cost – not for profit.  If a shopper redeems a
manufacturer's coupon for 25 cents and a commercial store doubles it to 50
cents, the manufacturer pays the store only the value of the coupon, which is 25
cents.  The additional 25 cents comes out of the store's built-in profit margin. 
Commercial stores operate at a profit by marking up the grocery items they sell. 
Many local stores can double coupons, knowing they may lose money on a few
items, but make up the difference in their overall markups.  The Defense
Commissary Agency has no such profit margin to make up the difference for a
doubled coupon, so commissaries honor only the amount on the coupon that the
manufacturer will rebate. [Source: DECA Update Mar 08 ++]


GI BILL UPDATE 18:   Defense officials are alarmed by the very real prospect
that Congress this year will enact the robust GI Bill education plan designed by
Sen. Jim Webb (D-VA). One Defense official, who declined to be named, described
the bill as a "retention killer" for the all-volunteer military. Webb
reintroduced his bill, the Post-9/11 Veterans Educational Assistance Act (S.22),
in late FEB with changes that attracted strong bipartisan support, including the
endorsement of Sen. John Warner  (VA), former chairman of the Senate Armed
Services Committee.  "I'm just going to go full bore on this thing," Warner told
Military Update in a phone interview. That's a worrisome vow for Defense
officials who believe enhanced post-service education benefits, particularly if
enacted while troops face multiple deployments to Iraq and Afghanistan, could
trigger an exodus severe enough to put the viability of the volunteer military
at risk. i.e. Use your GI Bill before time runs out!

     No one disputes Webb's claim that his enhanced GI Bill would boost
recruiting sharply. But a Defense official said it also would encourage
thousands of young service members, trained at great expense, to separate after
completing their initial service obligation to attend college fulltime. Webb, in
an interview, described such arguments as "absurd." Raising GI bill benefits
nearer to those offered to veterans returning from World War II, Webb said, will
give every volunteer, particularly those with no intention of making the
military a career, a proper reward for their service and a great tool for
transitioning to civilian life. DoD officials have to understand, Webb said,
that a volunteer military is only a career system to a certain point.  The
current system isn't properly rewarding those who enter because of love of
country, or family tradition, or the fact that they just want to serve for a
while," he said. The services, he said, "have got this one demographic group
they keep pounding on and throwing money at. Yet there's a whole different
demographic group that would be attracted to coming in and serving a term."
 
    His enhanced GI Bill would be available to any member, active or reserve,
who has served at least three months on active duty since 911. The level of
benefits would be tied to length of service. The $1200 member buy-in under the
current Montgomery GI Bill would be returned.  The bigger change would be in the
value of benefits. Maximum benefits, earned for 36 months' active duty, would
cover tuition for up to four years at a level to match tuition at the most
expensive in-state public school. The average across states is about $1900 a
month. MGIB pays $1100. Webb's bill also would pay a monthly stipend to cover
living expenses. The stipend would reflect local housing costs near school and
would be set to equal military Basic Allowance for Housing for married enlisted
in grade E-5. A feature added to win Warner's support would encourage private
colleges to make their schools affordable to veterans. Schools that agree to pay
half of their tuition in excess of the most costly state schools would see the
government cover the remaining half. Thus academically qualified veterans could
attend some of the best schools in the country.  Senior defense officials
declined to be interviewed. But Bill Carr, deputy under secretary of defense for
military personnel policy, said in a written statement that DoD's top personnel
initiative for Congress is to allow members with unused MGIB benefits to
transfer them to spouses or children. President Bush endorsed the idea in his
State of the Union address. [Source: Military Update Tom Philpott article 6 Mar
08 ++]


VA MOBILE PHARMACIES:   To support veterans and their families during major
emergencies, especially natural disasters, the Department of Veterans Affairs
(VA) has begun to deploy mobile pharmacies that will provide vital medicine when
patients are unable to fill their prescriptions.  VA will also open up the
facilities to help communities during major disasters and other emergencies.
Each VA mobile pharmacy is housed in a 40-foot-long solid steel trailer built to
withstand winds in a Category 3 storm.  The units include a satellite connection
with VA's Consolidated Mail Outpatient Pharmacy system, a computerized,
automated mailout pharmacy that can process more than 1,000 prescriptions
hourly.  Pharmacists can use the satellite system to obtain a veteran's
prescription data to dispense the drugs on site.  In addition, VA can send
replacement medications during an emergency by mail or another carrier to a
veteran's home or temporary address. VA recognized the need for mobile
pharmacies in 2005 after hurricanes Katrina and Rita severely damaged VA medical
centers along the Gulf Coast.  The Department deployed several mobile medical
clinics as part of its response to the disasters.  

     The first mobile pharmacy was unveiled on 11 SEP 07 in front of VA's
Washington, D.C., headquarters.  The unit was displayed recently at a meeting of
the American Society of Health System Pharmacists in Las Vegas.  A second mobile
pharmacy is expected to be delivered in March 2008.   To ensure rapid response
to a wide range of emergencies, VA's mobile pharmacies will be strategically
placed across the nation.  Plans now call for one of the three mobile pharmacies
to be stationed at Dallas TX; Murfreesboro TN and Charleston SC.  The Department
also expects to acquire a fourth unit that will be placed in the western part of
the country.  Each mobile pharmacy is divided into five compartments, including
a work area for pharmacists, an entryway accessible to patients and a sleeping
area with a bath and shower for VA personnel. Pharmacy personnel from across the
country have already volunteered to staff the units in the event of a natural
disaster or other emergency. Six pharmacists who were part of a regional
disaster drill have already qualified and can deploy on short notice.  [Source:
VA News Release 18 Mar 08 ++]


MILITARY PRE-EXISTING CONDITION POLICY:   Most everyone admits that the military
disability retirement system is confusing, but Congress fogged the process even
further by trying to fix a law that had already been fixed 30 years ago, and
possibly making it harder for troops to get their benefits. Those who are
injured or fall ill on active duty are automatically eligible for disability
benefits if they’re serving in good standing and the illness is not considered
to have existed prior to their joining the military. But Congress realized many
injuries or illnesses labeled pre-existing by the military later are ruled
service-connected by the Veterans Affairs Department. That is because VA
requires “clear and unmistakable evidence” that an injury or illness existed
before a veteran joined the military; absent such evidence, the injury should be
presumed to be service-connected. But the Defense Department (DoD) generally
requires merely a “preponderance of evidence” — a more lenient standard from the
military’s perspective. Lawmakers decided to fix this by changing a law that
states members must have at least eight years of service before they are
eligible for disability benefits for pre-existing conditions. The goal was to
reduce that threshold to six months of service.
 
     However, in trying to do that, the legal eagles in Congress looked at the
wrong statute — they “fixed” a 1946 law that said a member had to be in service
for at least eight years to get medical care for injuries not directly related
to duty. Under that law, if you had less than eight years and wrecked your car
off duty, for example, you had to pay for your own care. But Congress already
revised that law in 1978 to say that troops are eligible for care for any reason
as soon as they enter active duty, as long as they aren’t absent without leave
or negligent when hurt. Essentially, the 2008 “fix” now mandates that troops
must have at least six months of service before they can get care for injuries
or illnesses not incurred in the line of duty. Mike Hayden, deputy government
relations director for the Military Officers Association of America, said it
looks as though the six-month rule will not apply because it changed a law that
was already obsolete.
 But still another “fix” is needed. In their recent action on the obsolete law,
lawmakers also tried to revise the DoD standard requiring that for a condition
to be labeled pre-existing, the ruling must be based on “well-established
medical principles, as distinguished from personal medical opinion alone.”
Congress changed that to: “unless evidence or medical judgment is such to
warrant a finding.” That may make it easier for the military to rule that a
medical issue is pre-existing and thus not worthy of benefits — the opposite of
the intent of the “fix.” Hayden said Congress is waiting on a recommendation
from defense officials on wording for the “clear and unmistakable evidence”
issue, and will address the glitch in the 2009 defense authorization bill. 
[Source: Marine Corps Times Kelly Kennedy article 18 Mar 08 ++]


VA CATEGORY 8 CARE UPDATE 05:  If the Veterans Affairs Department won’t open its
health care system to all veterans, Democrats on the House and Senate veterans’
affairs committees are urging the relaxation of eligibility rules to allow some
moderate-income veterans with no service-connected medical needs to still
receive care. In a letter to VA Secretary Dr. James Peake, Democrats from the
two committees said the current $28,430 cap on income for veterans without
service-connected medical conditions to receive care is overly restrictive.
Peake could change the income limit under his own authority, but such a move
would have budget implications. VA is not prepared to pay for additional
patients, and some lawmakers worry it does not even have enough money to
properly care for those already eligible. Still, Peake, a former Army surgeon
general, has told Congress he is willing to look at the issue, which is why
lawmakers are pressing him for change, said Sen. Daniel Akaka (D-HI) Senate
Veterans Affairs Committee chairman and one of the signers of the letter. Since
2002, the Bush administration has banned new enrollments of so-called “Priority
8” veterans — those who make at least $28,430 a year, do not have
service-connected disabilities, and are not eligible under any other
circumstance, such as being a combat veteran who is within five years of leaving
active duty. The change prevents up to 1.5 million veterans from enrolling in
the VA health care system. Bush administration officials have argued that most
are eligible for health care through other means, such as from an employer. In
the letter, lawmakers said Peake has authority to change the income caps, and
could allow more people into the system without necessarily opening the door to
everyone. They do not recommend a specific income limit, leaving that for Peake
to decide.  [Source: AF Times Rick Maze article 18 Mar 08 ++]


KENTUCKY VET CEMETERIES:  National Veterans Cemeteries with space remaining in
Kentucky are clustered in the central part of the state, at Camp Nelson, Lebanon
and Mills Springs.  To meet the federal mandate of veterans’ cemeteries within a
75-mile radius of all veterans, the Kentucky Department of Veterans Affairs
(KDVA) determined it needed state veterans cemeteries in the western, northern,
northeastern and southeastern parts of the state.  In meeting this goal KDVA now
operates two State Veterans Cemeteries, has a third under construction and is
planning two more. The first of these is, Kentucky Veterans Cemetery West,
Hopkinsville, Kentucky which opened in MAR 04 and has interred more than 750
veterans and dependents, including 10 active-duty soldiers. In JUN 07 KDVA
opened Kentucky Veterans Cemetery Central near Fort Knox (Hardin County.)  As of
18 JAN 08, it had interred 300 veterans and dependents. In 2007, KDVA began
construction on Kentucky Veterans Cemetery North in Williamstown (Grant County).
They anticipate opening that cemetery in the summer of 2008. Kentucky U.S. Sen.
Jim Bunning announced 19 MAR that the Department of Veterans Affairs has awarded
a grant of $1.3 million to the state for the Northern Kentucky State Veterans
Cemetery being developed in Williamstown.  This is in addition to the $6.9
million VA grant in APR 07 to establish this cemetery.  This latest grant will
fund the purchase and placement of 1,000 lawn crypts and the construction of an
equipment storage structure, items not included in the original grant award. In
its initial 20-acre development, the cemetery will provide 3,706 full-casket
gravesites, 500 in-ground cremation burial sites and 1,020 columbarium niches
and serve approximately 40,000 veterans and dependents in this geographic area.
KDVA is currently planning cemeteries in Greenup County in Northeastern Kentucky
and Leslie County in Southeastern Kentucky.

      Interment in a Kentucky state veteran's cemetery is based on military
service. The eligibility criteria are the same criteria for burial in VA
national cemeteries. Eligibility applications can be downloaded at
http://www.veterans.ky.gov/cemeteries.htm.   Locations and contact info for KDVA
staff are available at http://www.veterans.ky.gov/fieldrep/.  KDVA personnel
will direct requests for interment to staff at the cemetery where burial is
sought. Total interment services include:
•   Furnishing grave or columbarium space
•   Opening and closing the grave
•   Providing the interment site with perpetual care
•   Supplying a suitable marker or headstone

NOTE on markers and headstones:  Although the U.S. Department of Veterans
Affairs offers flat marble or bronze markers in addition to upright bronze and
marble headstones, KDVA permits only upright marble headstones and marble
columbarium niche markers in their state cemeteries. [Source: 
http://www.veterans.ky.gov 20 Mar 08 ++]


VA CAD/CAM DENTISTRY:   Dentists at the VA Western New York Healthcare System at
Buffalo are restoring teeth and giving veterans new smiles in a single sitting
thanks to the l