|
Well over 100,000 Veterans exposed to herbicides while serving in Vietnam and other areas will have an easier path to qualify for disability pay under a proposed regulation published by the Department of Veterans Affairs (VA) that adds three new illnesses to the list of health problems found to be related to Agent Orange and other herbicide exposures.
"This is an important step forward for Vietnam Veterans suffering from these three illnesses," said Secretary of Veterans Affairs Eric K. Shinseki. "These warriors deserve medical care and compensation for health problems they have incurred."
The regulation follows Shinseki's October 2009 decision to add the three illnesses to the current list of diseases for which service connection for Vietnam Veterans is presumed. The illnesses are B cell leukemias, such as hairy cell leukemia; Parkinson's disease; and ischemic heart disease.
The Secretary's decision is based on the latest evidence of an association with widely used herbicides such as Agent Orange during the Vietnam War, as determined in an independent study by the Institute of Medicine.
Even though this is a proposed rule, VA encourages Vietnam Veterans with these three diseases to submit their applications for compensation now so the Agency can begin development of their claims and so they
can receive benefits from the date of their applications once the rule becomes final.
Comments on the proposed rule were accepted for 30 days. The final regulation will be published after consideration of all comments received.
"We must do better reviews of illnesses that may be connected to service, and we will," Shinseki added. "Veterans who endure health problems deserve timely decisions based on solid evidence."
Over 80,000 of the Veterans will have their past claims reviewed and may be eligible for retroactive payment, and all who are not currently eligible for enrollment into the VA healthcare system will become eligible.
During the Vietnam War, the U.S. military used more than 19 million gallons of herbicides for defoliation and crop destruction in the Republic of Vietnam. Veterans who served in Vietnam anytime during the period beginning January 9, 1962, and ending on May 7, 1975, are presumed to have been exposed to herbicides.
Used in Vietnam to defoliate trees and remove concealment for the enemy, Agent Orange and other herbicides left a legacy of suffering and disability that continues to the present.
The new rule will bring the number of illnesses presumed to be associated with herbicide exposure to 14 and significantly expand the current leukemia definition to include a much broader range of leukemias beyond chronic lymphocytic leukemia previously recognized by VA.
In practical terms, Veterans who served in Vietnam during the war and who have a "presumed" illness don't have to prove an association between their illnesses and their military service. This "presumption" simplifies and speeds up the application process for benefits.
Other illnesses previously recognized under VA's "presumption" rule as being caused by exposure to herbicides during the Vietnam War are:
- AL Amyloidosis,
- Acute and Subacute Transient Peripheral Neuropathy,
- Chloracne or other Acneform Disease consistent with Chloracne,
- Chronic Lymphocytic Leukemia, (now being expanded)
- Diabetes Mellitus (Type 2),
- Non-Hodgkin's Lymphoma,
- Porphyria Cutanea Tarda,
- Prostate Cancer,
- Respiratory Cancers (Cancer of the lung, bronchus, larynx, or trachea), and
- Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi's sarcoma, or Mesothelioma).
Additional information about Agent Orange and VA's services for Veterans exposed to the chemical are available at www.publichealth.va.gov/exposures/agentorange.
As this issue of the Alliance goes to press the rule had not been finalized. However, we urge all those to whom this new rule may apply to submit their applications for compensation if they have not already done so.
The "Doc-Fix"
Throughout the late winter and early spring of this year, Congress has enacted a series of temporary fixes, termed the "Doc Fix", to prevent automatic cuts in Medicare payment rates to doctors of 21 percent. To solve the problem over the long term would require some $240 billion which many Congressmen believe should be offset by spending cuts somewhere else. Other members of Congress believe the problem should be solved by other means. By extending temporary fixes Congress has more time to work on a more permanent solution. The reason the amount, 21 percent, is so large is that Congress has delayed solving the problem for several years, so the problem has gotten more expensive and more difficult to solve because they kept putting it off.
Since TRICARE and TRICARE for Life payments and co-payments are based on Medicare rates, military beneficiaries of all ages have a stake in how this is resolved. Reductions in reimbursement rates for doctors and hospitals have resulted in more physicians and institutions refusing to take Medicare or TRICARE. One of the nation's premier medical facilities, Mayo Clinic, recently announced that it would no longer take Medicare. The State of Massachusetts, which has a statewide health care program similar to the recently enacted National Health Care Reform, is facing huge funding problems. Insurance companies in Massachusetts are starting to issue policies that largely bar patients from seeking care at some popular hospitals which are also expensive. We have already seen the same thing in some TRICARE areas which do not include some popular medical care providers in their networks. Some providers have stopped accepting new TRICARE patients because of reimbursement rates too low to cover the full cost of providing care.
Secretary of Defense Bill Gates, and former DOD Secretary Donald Rumsfeld, as well as senior uniformed military officials, have all expressed concern with the cost of military health care. Indeed, DOD has tried to increase various TRICARE fees for the past several years only to be repeatedly blocked by Congress. The fact is, actions by the Department of Defense are responsible for some of the increase in the cost of care. The fact that we are in a war and are sending troops back for repetitive combat tours rather than increasing the size of the force is also responsible. Increasing the number of medical personnel and increasing the capability of Military Treatment Facilities to accept more beneficiaries rather than turning them away and forcing them to use commercial providers would save billions of dollars. Increasing fees and copayments will not do it. As one Defense official said, "increasing fees might save millions, increasing our MTF capability will save billions."
National Commission on Fiscal Responsibility and Reform
In our last edition of the Alliance, we reported that the President established a commission by executive order to make recommendations to bring down the federal deficit to 3 percent of the GDP (Gross Domestic Product). The deficit is now over 9 percent of GDP. The panel will look at ways to reduce costs of government programs such as Medicare, Medicaid and Social Security. It will also take aim at other federal entitlements including military and federal retired pay. President Obama said that nothing was off the table.
In addition to the co-chairs, former Senator Alan Simpson and former White House Chief of Staff Erskine Bowles, the President appointed Andy Stern, President, Service Employees International Union; Dave Cote, CEO Honeywell Corp: Ann Fudge, former CEO of Young and Rubican Brands; and Alice Rivlin, former Director of the Congressional Budget Office and Vice-Chair of the Federal Reserve.
Senators on the Panel appointed by Majority Leader Harry Reid are: Richard Durbin, (Ill.); Max Baucus, (Mont.); and Kent Conrad, (N.D.). Senators appointed by Minority Leader Mitch McConnell are: Tom Coburn, (Okla.); Judd Gregg, (N.H.); and Michael Crapo, (Idaho).
Members of the House of Representatives appointed by Speaker Nancy Pelosi are: John Spratt, Jr, (S.C.); Xavier Becerra, (Calif.); Janice Schakowsky, (Ill.). Members of the House of Representatives appointed by Minority Leader John Boehner are: Paul Ryan, (Wisc.); Dave Camp, (Mich); and Jeb Hensarling, (Texas).
Many AFTEA members live in the states and districts of these commission members. We recommend you contact them. Let them know you are a constituent and that you expect them to protect your earned benefits.
Relationship between TRICARE and Employer-Sponsored Group Health Coverage
The National Defense Authorization Act for fiscal year 2007 prohibited employers from offering financial or other incentives to TRICARE-eligible employees to use TRICARE instead of enrolling in an employer-provided Group Health Plan. The prohibition is so broad that it rules out legitimate cases in which military retirees elect to use TRICARE as their primary health care plan and pay for it or a supplemental insurance plan through their cafeteria plan on a pre-tax basis. The law includes a provision which allows the Secretary of Defense to make an exception.
When Congress passes a law designed to address a social or economic need or problem, they typically write the broad outline of the law but then the appropriate federal regulatory agency then creates regulations necessary to implement the law.
The Department of Defense has made the final rule regarding this provision and they made an exception which allows retired military employees to pay co-pays and deductibles and supplemental insurance on a pre-tax basis through a cafeteria plan. Although not an ideal fix, this provision does provide some relief for military retirees so that they can take advantage of the tax relief in a cafeteria plan. However, the final rule does still prohibit the employer from paying for the TRICARE health benefit. This has been a longstanding issue that AFTEA has led the fight on to get corrected. It is a gross injustice to discriminate against military retirees in this fashion. The original prohibition was so discriminatory that military retirees could not pay for their insurance on a pretax basis while other employees could. We are pleased that this change provides some relief and we will continue seeking full relief.
National Health Care Reform
When Congress was working on the massive health care bill that passed this past spring, AFTEA and other military and veterans groups received verbal assurances from the Administration and leaders in Congress that military health care and veterans' health care would be recognized as meeting minimum essential coverage standards as required in the new law, and therefore military and veteran beneficiaries would not be required to purchase care under the new health care law. However, there was nothing explicitly stating that fact in the legislation. AFTEA and other military and veterans associations were not satisfied with that and the Chairman of the House Armed Services Committee agreed with us. That's why Chairman Ike Skelton (D-Mo.), introduced HR 4887. This bill would insure that all TRICARE plans, TRICARE for Life and the DoD non-appropriated fund health care benefits were recognized. The bill passed unanimously in the House. Senate Armed Services Personnel Subcommittee Chairman, Jim Webb (D-Va.), promptly introduced S 3148, a companion to the House Bill. It cleared the Senate quickly and went to the President for his signature. Legislation providing the same type of protection to VA health care has not yet passed as this is written but we expect that it will be by the time you read this.
There is still a lot we do not know about the National Health Care Law. In fact, all of the provisions of the bill won't even go into effect until 2014 and the regulations that implement the law will be worked on for the next six months. The reality is that we could be affected in unexpected ways. Many experts are continuing to study the law and we will keep you informed. This is going to be a turbulent election year and we urge all AFTEA members to keep in touch with their elected representatives.
I want to encourage all members to make your plans now to attend AFTEA's 2010 Convention in Orlando, Florida, October 21 - 23, at the Regal Sun Resort.
This biennial meeting is established for the purposes of allowing the Board of Directors and Committees to report to the membership as to their year's activities; new officers and directors to be installed and begin their terms; to recognize national and local award recipients; and to provide an opportunity for a social gathering of all members. The key to a successful convention is for our members to attend and provide valuable input for the operation and growth of AFTEA.
We, as an organization, are only as strong as our members, which are the very columns that AFTEA stands on. It is through conferences such as this convention that members can gain insight into why AFTEA is important and what it is doing to ensure our stability in the military community. Beyond that, it is an opportunity to bond as AFTEA members and to build espirt de corps unlike any other organization in America.
Make your individual room reservation as early as possible to receive the special rate. Members who wish to make their room reservations online, may go to:
www.regalsunresort.com, and click on Reservations and Groups, then enter Group Code "AFTE1010".
Please note: The AFTEA convention site, the Regal Sun Resort, has better amenities and is less expensive than the Shades of Green Resort (DOD Hotel).
Use the Convention Registration Form that is on page 7 of this newsletter to register yourself and your guests for the convention and events. Mail your registration form along with payment to AFTEA at the address listed.
For more information, contact Vice President D.C. DelaCruz at (719) 392-1904, or Email: bpdelacruz2@aol.com. Mailing address: 5220 Clavelito Lane, Colorado Springs, CO 80911.
* * * * *
AFTEA has been informed that the Department of Defense is setting up the 50th Anniversary of the Vietnam War Commemoration Commission. The commission is congressionally mandated and chartered by the Department of Defense to plan and conduct this commemorative program which may include activities and ceremonies to achieve the following objectives:
-
To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans.
-
To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces.
-
To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War.
-
To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War; and
-
To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War.
The Commission's activities will last until 2025 and will involve Vietnam War Commemoration programs conducted by the federal government, state and local governments, and international, commercial and private organizations.
It is hard to believe that it has been almost 50 years since the start of the Vietnam War, a war that was perhaps the most controversial in our nation's history. But it is gratifying to know that this commemoration is being set up and that recognition will be given to all those who served in Vietnam and in the war effort. Whatever the opinions about that war, or any war, may be there is no denying that those who served, and serve now, deserve thanks and recognition from their fellow citizens. We need to remind all Americans that members of the Armed Forces do not make the policy. They simply take an oath to carry out the orders of their superiors and to serve the nation in the manner that is asked of them.
As we receive more information about this commemoration we will let you know.
The following candidates have submitted resumes for election to the AFTEA National Board of Directors:
CSM Bernd (D.C.) Dela Cruz, USA (Ret). D.C. is a founding member of AFTEA currently serving as 1st Vice President and is a candidate for reelection to that position. He has served as an AFTEA Director and two years as President of Rocky Mountain Chapter 1. D.C. served his country for more than 26 years in Army Engineer units. He held positions as Construction Forman, Construction Supervisor, Platoon Sergeant, First Sergeant and Battalion Command Sergeant Major. At the time of retirement, D.C. was serving as Command Sergeant Major of the 43rd Combat Support Group, Fort Carson, Colorado. After retiring, D.C. worked as a Construction Supervisor for General Electric and Martin Marrieta, followed by many years as a Real Estate Broker.
CSM Roger J. Ehrke, Sr., USA (Ret). A founding member of AFTEA, Roger is currently its 2nd Vice President and is a candidate for reelection. Roger served his country for 32 years and was serving as Command Sergeant Major of the Aviation Brigade, 4th Infantry Division, Fort Carson, Colorado at the time of his retirement. Most of his 32 years were in aviation units, including the 1st Cavalry Division, 3rd Armored Division and 101st Airborne Division. Since retiring from the Army in 1996, he has finished his degree from EmbryRiddle Aeronautical University and has formed his own landscaping business.
SGM Oscar R. Hinson, USA (Ret). Oscar is an AFTEA founding member and has served as its Treasurer since it was founded. He is a candidate for reelection as Treasurer. Oscar served his country for more than 20 years in the U.S. Navy from 1942 to 1947, and in the U.S. Army from 1948 until his retirement in 1963. With more than 15 years in the Infantry, Oscar served in numerous leadership positions including Truckmaster, First Sergeant and Chief Operations Sergeant. Following his retirement from the Army, he worked 22 years for the Air Force as publications distribution manager, vehicle operations officer and warehouse supervisor.
CMSgt Mark H. Olanoff, USAF (Ret). Mark served his country for 29 years in the U.S Air Force, Air National Guard and Air Force Reserve, retiring in 1996. Assignments in the personnel field included Chief, Personnel Systems Management, and in 1992, he was appointed Senior Enlisted Advisor, 512th Airlift Wing, Dover AFB, DE. He is a graduate of the 8th Air Force Leadership School and Air National Guard NCO Academy. Following retirement, Mark held positions as Deputy Legislative Dir., American Legion; National Legislative Dir., The Retired Enlisted Association; and Transition Assistance Advisor, Maryland National Guard. He has a Bachelor of Arts degree in Political Science from Stockton State College, Pomona, NJ (May 1986).
CMSgt William E. Spradley, USAF (Ret). William served in the U.S. Air Force from 1959 to 1983, and is a candidate for 1st Vice President and (alternatively) Air Force Director position. His key assignments were in the Communications-Electronic and Cryptographic operational areas and as Program Manager on world-wide Communications-Electronics and Surveillance Programs, working overseas with foreign governments and their military counterparts on joint projects. Following retirement from the U.S. Air Force, William held positions with the Army and Air Force Exchange Service, the Department of the Navy, and Federal Emergency Management Agency. He served in the Office of the Under Secretary of Defense Security Cooperation Agency, Washington, DC, until his retirement from the federal government in 2001. William has two B.A. Degrees, in Economics and Business Administration, from Park University, Kansas City, Missouri, and two M.A. Degrees, in Economics and Finance, from Webster University, St. Louis, Missouri.
CMSgt Mark K. Weeks, USAF (Ret). Mark served his country 20 years, retiring in 1995, and is candidate for Air Force Director position. As an Aircraft Maintenance Supervisor, Mark was promoted to CMSgt with 14 years time in service. His key assignments were with the Thunderbirds, PACAF Command Headquarters and F-16 Systems Program Office. He received the Total Quality Management Project Award and the National Environmental Protection Agency Award. Mark has a B.S. degree in professional Aeronautics and a M.S. in Aviation Management, both from Embry-Riddle Aeronautical University. Since retirement from the Air Force, Mark has held positions as Director of Sales and Marketing for a Fortune 500 Aerospace Company, Manager of Training and Service Engineering for a Fortune 500 Control Systems Company, Director of Operations and Management for two packaging companies, and currently owns two small business entities which provide customer services. He has served as Chairperson for the City Board of Appeals, past Mayor Pro-Tem, and is a current member and active volunteer at the Lions Club.
Mail to:
AFTEA Election Committee P.O. Box 16848
Colorado Springs, CO 80935
House Veterans' Affairs Committee Chairman Bob Filner (D-Calif.) recently announced that the U.S. House of Representatives voted to approve S. 1963, the Caregivers and Veterans Omnibus Health Services Act, with a vote of 419-0. The bill creates a caregiver support program, improves health care services for America's women veterans, and expands the mental health services provided by the Department of Veterans Affairs (VA), among other things.
Provides Caregiver Support
S. 1963 provides immediate support for veteran caregivers by creating a program to offer caregiver training, access to mental health counseling, and 24-hour respite care in the veteran's home. This allows caregivers temporary relief without having to leave the veteran at a medical facility. Veterans who served in Operation Enduring Freedom/Operation Iraqi Freedom (OEF/OIF) are eligible to select a caregiver to receive a financial stipend along with travel and lodging expenses associated with the veteran's care.
Welcomes Home Women Veterans
S. 1963 expands and improves VA services for the 1.8 million women veterans currently receiving VA health care -- and goes one step further by anticipating the expected increase of women warriors over the next five years. This bill seeks to build a VA health care system respectful of the unique medical needs of women veterans. For the first time, VA will be authorized to provide health care for newborn infants of women veterans.
Prevents Veteran Homelessness
S. 1963 essentially expands the number of places where homeless veterans may receive supportive services. For veterans struggling without a roof over their heads, this small change in the law will make a big difference in their lives.
Rural Health Care
S. 1963 includes key provisions to improve the health care provided to our rural veterans by authorizing stronger partnerships with community providers and the Department of Health and Human Services. These collaborations will allow VA to offer health care options to service members living far from the nearest VA medical facility. S. 1963 also requires the VA to establish a grant program for veteran service organizations to provide transportation options to veterans living in highly rural areas.
Increases Mental Health Care Access
S. 1963 addresses the troubling reality of post-traumatic stress and troubling incidents of suicide among the veteran population. This bill requires a much-needed and long-awaited study on veterans' suicide and requires the VA to provide counseling referrals for members of the Armed Forces who are not otherwise eligible for readjustment counseling.
Other Veteran Health Care Provisions
- Creates a National Quality Management Officer to act as the principal officer responsible for the Veterans Health Administration's quality assurance program.
- Provides for a pilot program studying the use of community organizations and local and State government entities in providing care and benefits to veterans.
- Requires the VA to contract with the Institute of Medicine to study the health impact of Project Shipboard Hazard and Defense.
- Creates a pilot program, which would provide specified dental services to veterans, survivors, and dependents of veterans through a dental insurer.
- Prohibits the VA from collecting copayments from veterans who are catastrophically disabled.
- Provides higher priority status for certain veterans who are Medal of Honor recipients.
- Requires the VA to provide hospital care, medical services, and nursing home care for certain Vietnam-era veterans exposed to herbicide and Gulf-War era veterans who have insufficient medical evidence to establish a service-connected disability.
- Establishes a position for the Director of Physician Assistant Services in the central VA office reporting to the Chief of the Office of Patient Services.
- Creates a Committee on Care of veterans with traumatic brain injury.
"It is simply our duty as a Nation, when we put our men and women in harm's way, to care for them when they return," said Chairman Filner. "S. 1963 demonstrates America's commitment to the dedicated service members who have served in uniform and puts front and center the health care needs of veterans and their families. It is our pledge to them, that we have not forgotten the sacrifices they have made in defense of this country. We owe our veterans a debt of gratitude -- and this bill represents an understanding that the sacrifices of our veterans are shared among us all as Americans.
Just a day after the bill was passed by the House, the Senate passed it by a unanimous voice vote. It was then sent to the President for his signature and has now become law.
|
