Note: James Tichacek is presently residing in the Philippines. Although his email address raoemo@sbcglobal.net is still good...and you will see the Bulletin being sent from that address via his Mailing List Provider in Europe...he must go on the web to access email sent to him at this address. With no DSL available to him at this location, it is a lengthy and time consuming process to open email sent to raoemo@sbcglobal.net He requests that all responses be made to raoemo@mozcom.com

SBP DIC Offset Update 04:  On a vote of 93-5 with 2 not voting, Senator Nelson's amendment (S.AMDT.2424) to the NDAA S.1042 bill for the elimination of the SBP-DIC offset and moving up the paid up SBP premium to October 1, 2005 was adopted on 8 NOV 05. Constituents of Senators Allard (R-CO), Coburn (R-OK), DeMint (R-SC), Sessions (R-AL) and Voinovich (R-OH) who were opposed to the elimination of the widow’s tax and voted no might want to take this in consideration during the next election cycle. Senators Corzine (NJ) and McCain (AZ), did not vote on the issue. Sen. Warner, who had filed an amendment to delete Sen. Nelson's proposals entirely and substitute language calling for a study of the VA/SBP issue, said he would not push his amendment and supported Senator Nelson. The next important step will be a conference committee composed of both US House and Senate members. Differences between the Senate and House NDAA bills will be ironed out and the bill resubmitted to both chambers for a final approval vote before it is sent to the President for signature.
     At present the government provides two entitlements to military survivors from different agencies - SBP from the Defense Department and DIC from the Veterans Administration, but presently will not allow these survivors to collect both benefits. DIC offsets the SBP benefit, dollar for dollar, up to $993 a month. But survivors of federal civilian retirees who are also veterans and die from a service connected cause do receive both benefits. This is a clear inequity, which needs to be fixed for 55,000 military survivors. An additional inequity is the current 2008 effective date of paid-up SBP after 30 years participation. That delayed effective date means that thousands of retirees who have been paying into SBP since 1972 will have to pay up to 36 years of premiums, and will end up paying one-third more premiums that members who retired after 1978.
[Source: MOAA, VFW, Sen. Nelson msgs 10 No 05++]

CRDP Update 37:  Senator Harry Reid (D-NV) had no opposition to his amendment to the 2006 NDAA which was approved by voice vote, without dissent. It allows those retired veterans who are rated IU (Individually Unemployable) and compensated at 100% by the VA, to be paid CRSC (Combat Related Special Compensation) and CRDP (Concurrent Retirement Disability Pay) retroactive to 1 JAN 05.
[Source: USDR Legislative Affairs 9 Nov 05]

Reserve Retirement Age Update 07:  Lawmakers trying to improve retirement benefits for reservists have dramatically scaled back on retired pay improvements, but they still cannot get complete support for their proposals. The newest idea, unveiled 7 NOV by Sen. Saxby Chambliss (R-GA) would reduce the age at which National Guard and reserve members can receive retired pay by three months for every 90 days in a fiscal year they spend mobilized in a contingency operation. Sen. Mary Landrieu (D-LA) is the chief co-sponsor of the proposal. This is far more restrictive than the co-chairman of the Senate National Guard Caucus Chambliss has been talking about as he and other lawmakers have tried to change the reserve retirement system to allow retirement checks to be paid prior
to the currently authorized age of 60.
     Last year, Chambliss drew Bush administration opposition and even talk of a veto by proposing to provide retired pay one year earlier for every two years of service, with age 55 being the lowest age at which a reservist could receive retired pay. When that idea failed, Chambliss returned in July with another proposal. Under this second plan, the age a Guard or reserve member would begin drawing retired pay would be reduced by one year for every mobilization period of 179 days, with age 50 set as the minimum retirement age. This also drew opposition when he proposed it as an amendment to the 2006 Defense Authorization bill (NDAA). His latest proposal for three months of earlier retired pay for 90 days of mobilization at a cost of $300 million over five years is the least costly alternative offered to date.
     This proposal, like the previous initiatives, has support from major military associations and he has had good feedback from the DoD. However, it has not received a formal statement of support or opposition from the Bush administration. Sen. John Warner (R-VA), the Senate Armed Services Committee chairman and floor manager of the defense bill, said he thought a deal could be struck on some kind of compromise, but he wasn’t ready to sign onto the newest idea. However, he agreed there should be some special recognition for Guard and reserve members mobilized for extended periods. His Committee is studying the amendment carefully and given enough a little time might be able to work it out. Warner commented that even with Senate passage, the reserve retirement initiative might be a short-lived victory because a new Commission on National Guard and Reserve (appointed by Congress last year as a compromise when Chambliss’ proposal was rejected) only started work two weeks ago and is studying retirement and other compensation matters.
     Senator Durbin (IL) offered an amendment to the NDAA reducing the age to 55 that a Guard or Reservist could collect retired pay if they had completed at least 25 years of service. The amendment failed by a vote of 40-59. However, Sen. Chambliss’ amendment to the NDAA for three months of earlier retired pay for 90 days of mobilization was adopted by a vote of 90-0. The next step will be a conference committee with both the US House and Senate sending members to this conference. Differences between the Senate and House NDAA bills will be ironed out and the bill resubmitted to both chambers for a final approval vote.

[Source: NavyTimes staff writer Rick Maze 7 Nov 05 & NGAUS Leg Update 11 Nov 05 ++]

NDAA 2006 Update 07:  During the week of 7 NOV the Senate finally moved on the 2006 National Defense Authorization Act and its associated amendments. The entire bill is anticipated to be completed by mid-NOV. At that time the bill must go before the House/Senate conference committee where differences between the two chamber’s bills must be reconciled prior to signing into law. In addition to those amendments approved on SBP reform, full concurrent CRDP pay for 100% IU rated veterans, and reserve retirement discussed elsewhere in this Bulletin the following personnel-related initiatives were adopted at the behest of the senators indicated:

  * Boxer (D-CA): Requires appointment of special task force to identify servicemembers' and families' mental health needs and require implementation plan within 12 months.

  * Dayton (D-MN): Authorize an additional $100 million for military child-care facilities and an extra $20 million for family assistance centers.

  * Dodd (D-CT): Establishs fund to reimburse up to $1,100 members/families for body armor, GPS receivers and certain other individual protective equipment purchased in conjunction with deployment to Iraq/Afghanistan.

  * Dole (R-NC): Requires Pentagon report on actions needed to curb predatory lending practices and the resultant negative effects on servicemembers' and families' finances. Caps interest rates on short-term loans to military personnel at 36%. The amendment is similar to the House's Servicemembers
Anti-Predatory Lending Protection Act (H.R. 97), introduced by Rep. Sam Graves (Mo.).

  * Durbin (D-IL): Requires payment of Federal civilian income differential to Guard/Reserve members who have completed 180 days continuous mobilization, completed 24 months on active duty in last 60 months or are involuntarily mobilized less than 6 months after separating from previous active duty mobilization.

  * Feingold (D-WI): Requires improved transitional assistance programs for Guard/Reserve members and families.

  * Graham (R-SC): Increases maximum assignment incentive pay from $1,500 to $3,000; authorizes development of special recruiting incentives; allows Service Secretaries to implement Selective Early Retirement Boards (SERB) for FY2006-2011; and authorizes voluntary separation incentive pay (up to three times involuntary separation pay) for members with 6 to 19 years of service.

  * Leahy (D-VT): Authorizes Guard/Reserve members mobilized for more than 30 days to receive the same locality-based housing allowance that active duty members receive (currently applies only if activated for 140+ days).

  * McCain (R-AZ): Authorizes a variety of improved recruiting and retention incentive programs for active and Guard/Reserve members.

[Source: MOAA Leg Up 10 Nov 05 ++]

PTSD Reevaluation Update 03:  The Department of Veterans Affairs (VA) secretary announced 10 NOV it will NOT review the files of 72,000 veterans currently receiving disability compensation for post-traumatic stress disorder. VA’s Inspector General reported on 19 MAY 05 an examination of the files of a sample of 2,100 randomly selected veterans with disability ratings for post-traumatic stress disorder (PTSD). The IG cited insufficient documentation in the files and a dramatic increase in veterans filing for disability compensation for post-traumatic stress disorder since 1999. The VA having completed a careful review of those 2,100 files cited in the IG’s report concluded the problems with these files appeared to be administrative in nature, such as missing documents, and not fraud. In the absence of evidence of fraud they are not going to put affected veterans through the anxiety of a widespread review of their disability claims. Instead they are going to improve the training of VA personnel who handle disability claims and toughen administrative oversight.  [Source: VA Hometown News Service 10 Nov 05]

DFAS Notes Update 01:  
     1. DFAS began implementing the congressionally mandated Social Security Offset Legislation 1 OCT 05. The phase-out means thousands of survivors receiving Social Security benefits will get more money from their Survivor Benefit Plan (SBP) annuities. Over the next three years, the minimum percent used to calculate a SBP annuity will incrementally increase. The first incremental change will occur on 1 OCT 05, when any annuitant currently receiving SBP at less than 40% of the base annuity will have his or her annuity increased to 40%. This re-computation will be reflected in the annuitant’s October account statement and 1 NOV 05 payment. The benefit will remain unchanged for annuitants currently receiving payments greater than 40% of the annuity base.

     2. Retiree Account Statements (RAS) and 1099-R Tax Forms will be mailed to retirees throughout the latter half of DEC 05.

     3. Retiree’s RAS will reflect changes due to the cost-of-living increase, the Veterans Administration (VA) Legislative increase and changes to the Federal Income Tax Withholding rates. Due to the VA Legislative increase, recipients of Combat Related Special Compensation (CRSC) will also receive an increase to their CRSC amount. This amount will affect the DEC 05 entitlement scheduled for the payment on 3 JA 06 and will be reflected on the CRSC pay statement available to retirees on myPay. Retirees that do not have a myPay account will not receive a CRSC pay statement.

     4. Retirees entitled to receive either CRSC or Concurrent Retirement and Disability Pay (CRDP) will be provided with an election form as part of the annual open season. During the open season, affected retirees will have the opportunity to elect to receive either CRDP or CRSC for the next year. In order for the entitlement to change, the form must be received and processed by 31 JAN 06. Based on the election, the change will take effect on the payment dated 1 FEB 06. In addition, as a result of the phased in CRDP, the amount retirees will receive for CRDP will increase effective JAN 06 and will be reflected in the payment dated 1 FEB 06.

     5. The Annuitant Account Statement will reflect changes due to the cost-of-living increase, changes to the VA Dependency and Indemnity Compensation (DIC) amounts and changes to Federal Income Tax Withholding rates.

[Source: DFAS Retired Pay Newsletter 9 Nov 05]

TRICARE Tax Free Premiums Update 01:  The chairman of the U.S. Senate Committee on Veterans' Affairs has joined in as a co-sponsor of the bill to help federal civilian and military retirees to pay for their health insurance premiums. The bill (S. 484) would allow federal and military retirees to use pre-tax dollars to pay supplemental premiums for the Federal Employees Health Benefits Program, and TRICARE, the military health insurance program. The legislation would also grant a tax deduction to those who purchase TRICARE. According to the non-partisan Congressional Research Service, the legislation Craig is co-sponsoring would save a 60 year old veteran, who is not married, anywhere from $150 to $377 per year, depending on income level. A 60 year old married veteran would save anywhere from$350 to $880 a year. The Office of Personnel Management (OPM) began offering such "premium conversion" savings to executive branch employees five years ago. The following year, in 2001, Congress extended the tax benefit to legislative branch workers. Experts say the average federal employee now saves over $400 by paying their share of health insurance premiums with pretax dollars. The Senate bill has 49 co-sponsors and is now before the Senate Finance Committee. A similar bill in the House of Representatives (H.R. 994) has 276 co-sponsors. To let your congressional representative know how you
feel on this issue refer to http://capwiz.com/military/mail/oneclick_compose/?alertid=8194621

[Source: Military Report 8 NOV 05 http://www.military.com/MilitaryReport/0,12914,MR_Print_051107-2,00.html?ESRC=miltrep.nl ]

TRICARE Uniform Formulary Update 06:  The director of TRICARE Management Activity approved the addition of three therapeutic classes of medications [i.e. Alpha Blockers, ACE Inhibitors, and Calcium Channel Blockers] to the TRICARE Uniform Formulary (UF). These are used to treat benign prostatic hypertrophy (enlargement) and cardiovascular disease. Additionally, he approved moving 16 medications to non-formulary status over the next few months. All medications involved in this change are listed at: http://www.tricare.osd.mil/news/2005/3RDROUNDCHART1.doc The UF is a set of medications approved by DoD for distribution throughout the Military Health System.
     Drugs are grouped into three tiers: formulary generic (tier one), formulary brand name (tier two) and non formulary (tier three). Beneficiaries’ copayments are based on a medication’s grouping within the UF. The UF process involves the review of different classifications of FDA-approved medications on the basis of their clinical and cost effectiveness. After careful analysis, DoD’s Pharmacy and Therapeutics (P&T) Committee recommends medications as formulary or non-formulary. The P&T Committee is composed of physicians, pharmacists and representatives from the Services and the Veterans Administration.
The Beneficiary Advisory Panel (BAP), whose membership includes representatives of active duty families and retirees, civilian health care
professionals and those supporting the health care benefit through contracts, comments on the P&T Committee’s recommendations. The BAP expressed concern about the selection of ramipril (AltaceA) for non-formulary status. After a thorough assessment, the P&T Committee determined that while AltaceA is important in the treatment of some patients, it is no more clinically effective than the alternatives in a majority of patients. The selection of AltaceA for non-formulary status was the single most difficult decision at the Committee’s August meeting according to the chairperson of Committee. The Committee did recognize that there is an important role for AltaceA in the treatment of some high-risk patients with a history of cardiovascular disease and the drug will be available at the formulary cost share if medical necessity is documented.
     TRICARE beneficiaries will pay $22 for up to a 30- or 90-day supply for non-formulary medications, depending on whether they fill the prescription at a TRICARE Retail Network Pharmacy (TRRx) or through the TRICARE Mail Order Pharmacy (TMOP). Beneficiaries will pay the higher of $22 or 20% in retail non-network pharmacies. Patients currently using the newly designated non-formulary medications may wish to consult their doctor about formulary alternatives or if a medical necessity is appropriate for them. If medical necessity is established for using non-formulary medications, patients may qualify for the $9 copayment for up to a 30-day TRRx supply or up to a 90-day TMOP supply. Military treatment facilities (MTF) will no longer carry these or other non-formulary medications on their local formularies. Non-formulary
medications may be available at MTFs only when medical necessity is established and the prescription was written by a MTF provider.
Active duty members have no copays and, unless medical necessity is established, they may not obtain non-formulary drugs. Medical necessity forms are available on the TRICARE Pharmacy Web site at: http://www.tricare.osd.mil/pharmacy/medical-nonformulary.cfm Procedures for completing and submitting medical necessity information may be found on these forms. Eligible beneficiaries may fill prescriptions for non-formulary and covered medications through the TMOP and TRRx pharmacies. Beneficiaries may
reduce out-of-pocket expenses by filling prescriptions through the TMOP where beneficiaries may receive up to a 90-day supply of medicine for the same cost as a 30-day supply in the TRRx. For more information about TMOP, eligible beneficiaries can visit http://www.tricare.osd.mil/pharmacy/tmop_contact.cfm or call (866) 363-8667. Beneficiaries can also contact the TRRx customer service line at (866) 363-8779, or visit http://www.tricare.osd.mil/pharmacy/trrx_contact.cfm For additional information about various medications, their availability and cost, beneficiaries can use the TRICARE Formulary Search Tool at: http://www.tricareformularysearch.org/dod/medicationcenter/default.aspx

[Source: TMA News release 8 Nov 05 ++]

VA Adaptive Housing:  During a marathon session of voting on 3 NOV the U.S. Senate passed legislation which will help disabled veterans who live with family members. Under the bill, the U.S. Department of Veterans Affairs would establish a five year pilot program to provide veterans with up to $10,000 to widen doorways, install wheelchair ramps, or make other adaptations to the homes of family members where they are temporarily living. Under current law, the Department of Veterans Affairs is allowed to make one-time grants of up to $50,000 to adapt the homes of disabled veterans. But as the law is now, the veteran has to own the home. Under the new pilot program, a veteran would be able to receive up to three separate grants within the allotted maximum amounts - which are $50,000 for severely disabled veterans and $10,000 for less severely injured. Only one grant could be used for a temporary residence. The other two could be used only for a home owned by the veteran. The legislation also requires that Government Accountability Office to report on the implementation of the pilot program not later than three years and five years after the enactment of the bill. The amendment was sponsored by Sen. John Sununu (R-NH). Sen. Craig (R-ID), a co-sponsor of the amendment, said he will now work to include the provision as part of a larger omnibus veterans bill which will contain other benefits-related provisions for veterans that have passed in either the House and Senate. For more information on adaptive housing refer to http://www.homeloans.va.gov/sah.htm

[Source: Senate Committee for Veteran Affairs website Nov 05 http://veterans.senate.gov/index.cfm?FuseAction=Newsroom.PressReleases&id=303 ]

Avian Flu Fact Sheet:  This Fact Sheet alerts Americans to the most recent occurrences of Influenza A H5N1 (avian influenza strain).
A number of countries are reporting cases of avian influenza, commonly referred to as "bird flu" in their domestic and wild bird populations. The H5N1 strain of influenza causes severe disease in domesticated fowl. In addition, there are confirmed cases of bird-to-human transmissions of avian influenza in the South East Asia region, many of which have resulted in death. For the most up to date information on the countries affected and the number of deaths visit the WHO website at: http://www.who.int/csr/disease/avian_influenza/country/en/
     The vast majority of the known human cases have resulted from direct contact with poultry, and there is only limited evidence to suggest possible human-to-human transmission. The Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and the Department are concerned about the potential for human-to-human transmission of this highly dangerous flu strain, and are working closely with other partners in an effort to monitor the outbreak. Concerns about the possibility of an avian influenza pandemic have prompted international and national efforts to institute pandemic preparedness measures. In keeping with the CDC and the WHO guidance, the Department of State is working with its embassies and consulates worldwide to prepare in the event of a pandemic. American citizens traveling to or living in countries where avian influenza is prevalent should consider the potential risks and keep informed of the latest medical guidance and information in order to make appropriate plans.
     The State Department, the CDC and the WHO have not issued any travel alerts or warnings for avian flu-infected areas. However, the CDC advises travelers to countries in Asia with documented H5N1 outbreaks to avoid poultry farms, contact with animals in live food markets, and any surfaces that appear to be contaminated with feces or fluids from poultry or other animals. In addition, the Department has asked its embassies and consulates to consider preparedness measures that take into consideration the fact that travel into or out of a country may not be possible, safe or medically advisable. Specific CDC travel information relating to avian influenza, including preventive measures is available at: http://www.cdc.gov/flu/avian/index.htm WHO guidance related to avian influenza is available at: http://www.who.int/csr/disease/avian_influenza/en/      A specific vaccine for humans that is effective against avian influenza has not yet been developed. Based upon limited data, the CDC has suggested that the anti-viral medication Oseltamavir (brand name-Tamiflu) may be effective in preventing or treating avian influenza. Using this input, the Department of State has decided to pre-position the drug Tamiflu at its Embassies and Consulates worldwide, for eligible U.S. Government employees and their families serving abroad. Tamiflu may not be readily available overseas and the State Department encourages American citizens traveling or living abroad that are interested in obtaining this medication to consult with their physician. There is no provision for the U.S. government to provide American citizens traveling or living abroad with medications, including in the event of a pandemic.
     Americans who are planning travel to a country that has reported the virus or who are concerned about the Avian flu are advised to monitor the CDC and the WHO web sites for the latest information. Additional country information can be obtained from the Department of State's Consular Information Sheets at:  http://travel.state.gov/ and from the Department of State's toll-free number, 1 (888) 407-4747, or if calling from overseas, (202) 501-4444. For those in thePhilippines through the U.S. Embassy located at: 1201 Roxas Boulevard, Manila, Philippines, tel. (632) 528-6300.

[Source: U.S. Embassy Manila Warden Notice 27 Oct 05]

Mobilized Reserve November 05:  Army National Guard and Army Reserve on active duty in support of the present partial mobilization is now 123,991. In addition the other services have mobilized 4,353 Navy Reserve; 9,059 Air National Guard and Air Force Reserve; 7,954 Marine Corps Reserve; and 480 Coast Guard Reserve. As of 9 NOV this brings the total National Guard and Reserve personnel, who have been mobilized, to 145,837, including both units and individual augmentees. 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 In the week of 9 NOV 05 the Army, Navy, Coast Guard and Marine Corps announced a decrease in the number of reservists on active duty in support of the partial mobilization, while the Air Force, had an increase. The net collective result is 292 fewer reservists mobilized than the preceding week. A cumulative roster of all Reserve contingent personnel can be found at: www.defenselink.mil/news/Oct2005/d20051027ngr.pdf for those now mobilized.  [Source: DoD News Release No. 1169-05 9 Nov 05]

Retiree Mobilization Update 03:  The Pentagon recently updated long-standing orders for the services to plan how they might mobilize military retirees to duty during a national emergency, freeing up active-duty personnel for overseas combat. But while Defense Department officials stress that the ability to involuntarily mobilize retirees has long been part of U.S. law, it is unclear whether those plans would ever be acted upon. Title 10, Section 688 of the U.S. Code says that retired active-duty members “may be ordered to active duty” at any time”. According to a spokesman for the Pentagon Office of Reserve Affairs, Reserve and National Guard retirees can be recalled only if Congress authorizes what is called a full mobilization. The post-Sept. 11, 2001, call-up is a partial mobilization, authorized by the president instead of Congress, and allows the mobilization of those still serving in reserve status but not reservist retirees. Numerous retirees have volunteered to return to active duty since Sept. 11, 2001, but none have been involuntarily mobilized.
     Department of Defense Directive 1352.1 states, “It is DoD policy that military retirees be ordered to active duty as needed to perform such duties as the [service] secretary concerned considers necessary in the interests of national defense.” The newly updated directive, signed 16 JUL by Acting Deputy Defense Secretary Gordon England, highlights an important aspect of the military’s generous retirement pay. It is, in a sense, retainer pay, because retirees remain subject to call-up at least until they reach age 60. This aspect of military retirement has not been discussed in Defense Secretary Donald Rumsfeld’s ongoing studies of how to restructure military retirement benefits.
     According to David Segal and Mady Wechsler Segal, military population researchers with the University of Maryland. members of the so-called Retired Reserve are considered the third tier of the nation’s reserve forces, to be mobilized after the Ready Reserve and the Select Reserve. They have qualified for retirement through length of service or disability and are carried on the reserve roles because military retired pay is legally a compensation for availability rather than a pension. The likelihood of mobilization for these reservists is very low, although the Department of Defense has called for volunteers from the retired reserves to serve in current military operations. The new directive replaces a previous version dated 2 MAR 90. The directive was updated as part of a regular review process. All DoD publications are reviewed every five years and updated as necessary to incorporate policy, administrative and legal changes that have occurred. The new update incorporated administrative changes and removed some of the detailed procedures in the older version. Policies for using mobilized retirees remain essentially unchanged.
     According to the newly updated version: The Defense Department “shall plan to use as many retirees as necessary to meet national security needs”. Retirees can be used:

  * To fill shortages or to augment deployed or deploying units and activities or units in the continental United States, Alaska and Hawaii supporting deployed units.

  * To release other military members for deployment overseas”.

  * Subject to legal restrictions, to fill civilian workforce shortages for the federal government.

     Mobilized retirees would receive full active-duty pay and benefits for their service. The policy directs each service to prepare plans and establish procedures for mobilization of military retirees. The directive also says the service must make detailed plans for duties that would be performed by retirees as well as to keep records on retirees eligibility for call-up, to include their availability for call-up, their civilian employment and their physical condition. All non-disabled retirees are subject to recall to active duty. However, retirees are divided into three readiness categories, including one that covers those retired for medical disabilities:

  * Category I retirees are not disabled, are under age 60 and have been retired fewer than five years.

  * Category II retirees are not disabled, are under age 60 and have been retired five years or more. An estimated 900,000 retirees are in     Categories I and II.

  * Category III includes those who are disabled and those who are age 60 or older.

[Source: Navy Times article by Vince Crawley vcrawley@atpco.com 24 OCT 05]

TRICARE Problems Investigated:  In October the House Armed Services Personnel Subcommittee held a hearing on military healthcare, with inputs from Assistant Secretary of Defense (Health Affairs) Dr. William Winkenwerder, the regional contractor CEOs, and the service Surgeons General. The subcommittee wanted updates on beneficiary access to providers, rising government health costs, and TRICARE reimbursement rates to providers. The Assistant Secretary expressed his concern for the sustainability of rising health costs, especially for retirees, claiming that retiree care would take 75% of the defense health budget by 2009. He also noted that TRICARE annual fees have never increased, in contrast with private sector trends. He asked Congress not to rule out private sector fixes to military healthcare issues, but said DoD has no specific proposals at present. Winkenwerder said TRICARE rates are tied to Medicare's and so TRICARE pays about the same as Medicare. When one committee member insisted that TRICARE pays less than Medicare in some cases, Winkenwerder said he would recheck if that does happen.
     CEOs of the three regional TRICARE contractors testified that the provider networks are growing and beneficiary access to providers continues to improve with time. Subcommittee Chairman, John McHugh (R-NY) ran into the same problems service organizations have had in getting answers to some of his specific questions. His opening remarks indicated his interest in TRICARE Standard access issues, but DoD officials' and contractors' answers focused mostly on TRICARE Prime, which has far less problems.
     Asked what they could do to encourage more providers to accept TRICARE patients, the contractors said increasing reimbursement rates would help, but eliminating TRICARE "hassle factors" would be even more important. They said TRICARE requires some outdated practices that are seldom used in the private sector and discourage provider participation. [Source: MOAA Leg Up 21 OCT 05]

TRICARE Problems Investigated Update 01:  Ten years after its creation, Tricare continues to struggle with administrative hassles and low payment for some specialists, lower even than Medicaid, the health care system for the poor according to doctors and program managers. Dr. Holly Puritz, an obstetrician-gynecologist in Norfolk VA told members of the House Armed Services personnel subcommittee in an 19 OCT hearing that Tricare rules, practices and low payments forced her practice, Mid-Atlantic Women’s Care, to make the very difficult decision to drop out of Tricare early this year. One particular problem stemmed from difficulties her practice’s doctors had in getting authorization to refer patients for other care. By design, Tricare tries to make the most use of the military’s hospitals and clinics, so civilian doctors must first try to get their patients seen at those facilities. James Woys, president of Health Net Federal Services Inc., which manages Tricare in the Tidewater area, said most health care companies have eliminated referral processes, and Tricare probably sticks with its process only because it seeks to use the military’s brick-and-mortar facilities.
     Mid-Atlantic Women’s Care had to refer high-risk patients to Portsmouth Naval Hospital where they frequently have trouble getting timely consultative appointments for ultrasound, diabetic evaluations or other high-risk conditions. Puritz testified they get minimum feedback from those referrals adding that high-risk pregnant women have waited up to four weeks for a diabetic consultation. She further noted that Tricare’s reimbursement rate also woefully inadequate at about two-thirds what other insurers pay. A commercial plan pays $2,281 for nine months of care for the expectant mother and unborn child and the child’s delivery. Tricare pays $1,537. Witnesses at the hearing said Tricare sometimes makes it difficult to provide even routine care. Under the old contracts and a different Tricare manager for the Tidewater region, Puritz’s group was paid $300 for ultrasound images taken at 20 weeks into a pregnancy, a test considered routine. Now, after Tricare has reorganized and issued new contracts, doctors are told the cost of the ultrasound is included in a lump sum for obstetrics care, and practices had to pay for the procedure itself to maintain their standard of care.
     The testimony was reminiscent of past Tricare hearings. Rep. Vic Snyder (D-AR), a physician by training, said during the committee hearing that he felt they were replaying a movie from three years ago when an Arkansas doctor cited the same issues of low, slow payments and administrative hassles. The money Tricare pays doctors is about the same as Medicare’s reimbursement rates. But some specialties, such as obstetrics and pediatrics, have no good parallel because Medicare pays primarily for senior citizens’ health care. Also, Tricare’s payment rates often do not match Medicaid’s. In Everett, Wash., an obstetrics practice wanted out of Tricare because Tricare paid less than Medicaid, according to the president of TriWest Healthcare Alliance who manages Tricare services in the western United States. TriWest conducted a survey in its
region and found that in five of 11 states surveyed to date, Tricare’s reimbursement rate to doctors was 69% to % of what Medicaid pays for obstetrics care. Dr. William Winkenwerder Jr., assistant secretary of defense for health affairs, promised to look at these issues, and noted that the TriWest survey consisted of preliminary data collected in just a handful of states.

[Source: Army Times article By Deborah Funk & Nov 07]

DoD Gift Limits:  Officials at Walter Reed Army Medical Center have warned 20 charity organizations that troops and their family members cannot legally accept charitable donations valued at more than $20 unless they are approved by military legal officers. The Defense Department regulation involved, which stems from legislation aimed at preventing bribes to federal employees, does not apply to families of deceased service members. DoD has emphasized that the center is not barring such gifts to troops and their families, and, in fact, for more than two years has been expediting the legal process as gifts arrive. Nonetheless, troops who violate the regulations could be subject to disciplinary action.
[Source: Armed Forces News 4 Nov 05]

SGLI/VGLI Conversion:  SGLI is a program of low cost group life insurance for servicemembers on active duty, ready reservists, members of the Commissioned Corps of the National Oceanic and Atmospheric Administration and the Public Health Service, cadets and midshipmen of the four service academies, and members of the Reserve Officer Training Corps. VGLI is a program of post-separation insurance which allows servicemembers to convert their SGLI coverage to renewable term insurance. SGLI coverage in force on the date of release or separation from duty or assignment to the Ready Reserves may be converted to an individual policy of life insurance with a commercial company that participates
in the program. The conversion privilege must be exercised within the 120-day period following separation or release from duty or such assignment. If SGLI is converted to VGLI, this VGLI coverage can also be converted to a commercial policy that participates in the program at any time after the effective date of VGLI so long as VGLI premiums are paid up to the date of the conversion. A member may either convert his or her coverage to an individual policy or renew it, but cannot take both actions. The Office of Servicemember’s Group Life Insurance (OSGLI) can provide information on how to convert VGLI coverage to an individual policy of life insurance with a list of participating companies. This information may be obtained by contacting the OSGLI or at: www.insurance.va.gov/SgliSite/conversion/conversion.htm
     The individual policy will be issued at the standard premium rate regardless of health. The policy can be written on any permanent plan offered by the company. It cannot be issued for an amount greater that the amount of VGLI. It will provide life insurance, but no disability or other supplemental benefits. In the case of an incompetent member, the application for conversion may be made by his or her guardian, committee, conservator or curator. In the absence of such a court-appointed representative, the application may be submitted by the member’s spouse, mother, father, or anyone acting on his or her behalf. In such event, this person should state on the conversion application the circumstances under which the application is submitted. The proceeds of such converted policy may be payable only to the member’s spouse, children, mother or father, or any other person with an insurable interest.

[Source: VGLI Handbook 11.09 http://www.insurance.va.gov/SgliSite/handbook/handbookch11.htm#1108 Nov 05]

TRICARE Reserve Family Demonstration Benefit:  The Tricare Reserve Family Demonstration Benefit originally due to end 31 OCT 05 has been extended through 31 OCT 07. DoD extended the benefit for an additional two years to ensure continuity of care for family members of approximately 170,000 National Guard and Reserve members called to active duty for more than 30 days in support of Operation Noble Eagle/Enduring Freedom and Operation Iraqi Freedom. The demonstration waives the Tricare annual deductible for family members who use Tricare Extra or Standard; waives the pre-authorization requirement for non-emergency inpatient civilian care at civilian hospitals; and authorizes Tricare to pay non-participating providers up to 115% of the Tricare maximum allowable charge. The demonstration makes it less expensive for these family members to continue seeing their usual doctors if they take Tricare. The demonstration does not apply to families who enroll in Tricare Prime since there are no deductibles or cost shares for referred care in Tricare Prime. National Guard and Reserve members and family members with questions or in need of assistance may use the Tricare Yellow Pages available at: http://www.tricare.osd.mil/yellowpages to contact their Tricare regional contractor. Up-to-date Tricareinformation is also available on the Tricare Web site at: http://www.tricare.osd.mil/reserve
[Source: NGAUS Notes 4 Nov 05]

VA Unemployability Growth:  At the 27 OCT 05 Veterans Affairs Committee hearing Senators sparred over what to make of the sharp rise in the VA's Individual Unemployability or IU disability rating. Chairman Larry Craig (R-ID) said, Congress needs to better understand the IU management process -- the extent to which VA pushes rehabilitation; whether VA follows up after granting the rating; and whether the rating "incentivizes" veterans not to return to work, which would disqualify them for the rating. Senator Patty Murray (D-WA) expressed concern that the IU hearing might send the wrong signal - that expressions of skepticism about the unemployability rating system might stigmatize and deter deserving veterans from seeking help from the VA. She urged better access to VA medical and vocational-rehabilitation services. Murray also recommended increased funding for such services and a hearing on transition assistance, reemployment, and financial protections for troops.
     The Committee was advised that the number of IU ratings had doubled since 1999, with Vietnam-era veterans comprising 40% of the total. VA Benefits Undersecretary VADM Dan Cooper, USN (Ret.) testified that there is "no single clear explanation" for the increase in IU ratings. He noted a 384,000 hike (17%) in the overall number of VA disability ratings since 1999 and said that the percentage of veterans with "combined" or multiple disabilities of 60% or higher had risen from 17% then to 29% today. About 221,000 veterans have an IU rating today. The minimum requirement for consideration of an IU rating is 60% for a single disability or a combined 70% evaluation with at least one 40% disability. The IU rating is a judgment by the VA rating official that the individual veteran is unable to follow a "substantially gainful occupation" as a result of service-connected disabilities. Asked by Senator John Thune (R-SD) how many Iraq and Afghanistan veterans have an IU rating, Cooper said he did not have the data but would submit them for the record.
     The GAO testified that private sector insurers focus on return-to-work practices in their disability assessment processes, including incentives for claimants and employers to encourage and ease return to work. Senator Daniel Akaka (D-HI) asked how much it would cost to increase the VA's vocational rehabilitation program, but the GAO had no answer. Asked whether there should be an age cutoff for the IU designation, Rick Surratt of the DAV asserted there should not be. MOAA strongly agrees. If a disabled veteran can't pursue a second career it reduces his or her available retirement income. Further, stock market slumps and corporate failures have left more and more older Americans needing to return to work at least part time to make ends meet. If their service-connected disabilities preclude that, they need and deserve the IU compensation. Senator Craig closed the hearing by saying that the IU issue should be closely monitored. He signaled no legislative action by his Committee. None of the senators or the witnesses addressed the fact that disabled retirees with an IU rating (which entails payment at the 100% disability rate) are precluded from receiving their full, earned military retired pay, even though others with 100% ratings have their full retired pay
restored.

[Source: MOAA Legislative Alert 28 Oct 05]

Heart Failure:  A diagnosis of heart failure doesn’t mean your heart will stop anytime soon. Heart failure is a common condition—each year, more than half a million people are diagnosed with it. In people over 65, it is the most common reason for hospitalization. When a person has heart failure, the heart muscles lose some of their ability to pump blood. More blood remains in the heart after each contraction, and the heart’s chambers must stretch to hold this extra blood. Over time, the heart muscle stretches out and pumps with less force. Causes of heart failure include damage to the heart muscle or valves (often due to heart attack, infection, alcohol abuse, or drug abuse); coronary artery disease, which reduces the oxygen to the heart and thus reduces the heart’s function; and diseases such as high blood pressure, hyperthyroidism, diabetes, and kidney disease that cause the heart to overwork.
     Heart failure affects the body’s regulation of fluids, causing edema. As the body becomes filled with fluid, heart failure is called congestive heart failure. Sometimes the lungs fill with fluid, resulting in shortness of breath. Increased fluid weight and decreased oxygen throughout the body can result in fatigue, weakness, and sometimes dizziness or confusion (which can contribute to falls). Congestive heart failure also can cause irregular heartbeats. Heart failure can be diagnosed by the patient’s symptoms and by lab tests, including blood work, x-rays, an echocardiogram, and an ECG or EKG.
     Prevention and treatment of heart failure are important. Stop smoking and use alcohol sparingly. Treat high blood pressure, diabetes, kidney disease, thyroid disease, etcetera. If you have signs of heart failure, monitor your salt, fluids, and weight carefully. Taking diuretics and other medications, as well as controlling salt and fluid intake, might be necessary to regulate the buildup of fluid. Take the medications your doctor prescribes, and let your doctor know about all other medications you are taking (including over-the-counter medicines, herbal remedies, vitamins, and prescription medications), as some of these make heart failure worse. Various surgical procedures sometimes can help a patient with heart failure. Coronary bypass surgery can treat coronary artery disease; a damaged heart valve can be repaired or replaced. In extreme cases, a heart transplant might be an option. More information is available online from the American Heart Association at: http://www.americanheart.org

[Source: MOAA Magazine Ask the Doctor Oct 04]

DoD to VA Transition:  In an a Army Times article Rep. Steve Buyer (R-IN) who is a Colonel in the Army Reserve and chairman of the House Veterans Affairs Committee wrote: “The health care systems of the Defense Department and Department of Veterans Affairs are among the world’s best. However, four years after the start of Operation Enduring Freedom, health care officials from both bodies, in testimony
provided during hearings before the House Veterans’ Affairs Committee, acknowledged that they have yet to forge a truly seamless transition system between the agencies. We have discovered the lack of even a common understanding of the term “seamless” For example, say an active-duty service member who suffers a traumatic brain injury transitions from a military treatment facility to a VA polytrauma center in Minneapolis, one of four such specialty centers in the VA health care system. His journey from the military facility to the VA facility and back to active duty or from the military facility to a VA hospital to separation should be seamless.
     Congress directed VA and the Defense Department to collaborate on health care in a 1982 law that created a joint committee to improve medical resource sharing. In 2003, responding to inaction between the two departments, Congress mandated that they review all aspects of both agencies to assess potential opportunities to coordinate and share resources. Despite 20 years of such mandates for resource-sharing, name changes, studies, hearings, and repetitive vows by officials, the two agencies still operate in separate worlds. What little progress exists is inadequate; the jointly conducted Transition Assistance and Disabled Transition Assistance programs help transitioning service members learn about veterans’ benefits, but they are only optional.
     The two agencies should share a system of electronic medical records and appropriate personal data needed to speed benefits processing. The complete continuum of a service member’s health history should be captured from induction to separation and shared with VA, which has an excellent electronic patient record system. Billions have been spent by both agencies in the past decade, but they still cannot electronically share medical information. Service members leaving active duty must still make hard copies of medical records to give VA. This is unacceptable. Positive action was taken by the Defense Department and VA when they signed a memorandum agreeing to share patient data after years of wrangling over privacy issues. As we have pressed the departments to collaborate in the past, we will press them to fulfill this agreement.
     Seamless transition is much more than an electronic record. It is a discharge physical that meets VA’s need to consider claims for disability
benefits. It is outreach, counseling, and referral by Defense Department staff to appropriate VA resources and programs. Most of all, it is a commitment by the two agencies to make transition work, and the Defense Department’s lack of commitment has been a glaring deficiency over the past 20 years. I offer compliments to the National Guard, which, in an exceptional example of leadership, has acted: 850 returning New Hampshire Guardsmen recently received a three-day out processing that includes time with VA health and benefits counselors. As a result, almost 50% filed VA claims and 2% were found too sick or hurt to be demobilized and were kept temporarily on active duty to receive military health care. Soldiers, sailors, airmen, Marines and Coast Guardsmen should never be caught in the bureaucracy. After studying this for two decades,
we know what must occur to make the transition from service member to veteran a seamless one. The Defense Department and VA must move decisively ahead. It is time for joint action.”

[Source: Army Times 31 Oct 05]

Computer Power Surge Protection:  James Tichacek often receives requests for back issues of the RAO Bulletins because the sender’s computer had to be repaired or replaced due to power sure. If an unusually high electrical surge finds its way to your computer, entire components--up to and including your motherboard and CPU--can get fried. In a perfect world, the circuit breakers in your house would protect your computer. If a big surge of electricity comes through, the circuit breaker is supposed to pop, thus preventing that surge from finding itsway any further into your home. However, your circuit breakers and simple multi-outlet power strip weren't specifically intended to protect your PC. By the time they pop, it may already be too late for your personal computer. For more reliable protection you need a surge suppressor which is specifically designed for sensitive electronics. It's important to look carefully at the specifications on the suppressor's box because all suppressors are not created equally. Look for one that offers a response time (the time it takes for the suppressor to react to a surge) of 10 nanoseconds or less. Energy dissipation is also key. This is how much electricity the suppressor can absorb before it blows. Here, get one rated at a minimum of 800 joules. A failure indicator light that tells you when the suppressor is on the blink is also important. If you are still using a dial-up modem, be sure the suppressor blocks electricity that can come in from the phone lines. If you have a fax or cable line, the suppressor should handle those too. Be sure that the suppressor you buy has a UL compliance stamp. Look for a suppressor that meets the UL 1449 specifications. There are three levels of protection: 330, 400 and 500. This number refers to the maximum voltage that the suppressor will allow to pass through the line. The lower the number, the better off you are. A suppressor probably won't stop lightning. So no matter which suppressor you buy, be sure to unplug your computer during a storm, along with telephone lines and modem lines. [Source: AMRA Don Waterworth msg JUL 03]

CRSC Update 32:  The Secretary of the Navy's Council of Review Boards has published a new address for Sailors and Marines filing applications for Combat Related Special Compensation (CRSC). Secretary of the Navy Council of Review Boards ATTN: Combat-Related Special Compensation Branch 720 Kennon Street SE, Suite 309 Washington Navy Yard, D.C. 20374-5023  Correspondence previously sent is already being forwarded to the above address and should not be returned to the sender; however, applications previously sent may take longer to arrive at the new address. [Source: FRA Newsbytes 10 Nov 05]

FEHB Open Season:  Federal Employees Health Benefits (FEHB) open season runs from 14 NOV to 12 DEC. During this period federal employees may enroll in, or make changes to, their health plans. Officials recommend employees review and update their health plans during this open season. The 6.6% increase for 2006 premiums is the smallest average premium increase in nine years. Depending on which plan is chosen, rates may increase from 2.5% to 15%. During this period, eligible employees may also enroll in the Flexible Spending Account program for 2006 Information on this program can be found at: http://www.opm.gov/insure/pretax/fsa/index.asp
[Source: Air Force Association Newsletter 10 Nov 05]

DIC & SBP CR Update 01: Current law provides monthly tax-free DIC payment from VA to widows of veterans/military retirees whose cause of death is ruled service-connected. SBP is income protection purchased by the retiree for the surviving spouse who should be entitled to receive the full amount for which was contracted. However, SBP annuities to the widows of military retirees whose death is service-connected are offset by the DIC. Also, surviving spouses of military retirees have SBP annuities suspended if they remarry before age 55. If the remarriage ends for any reason, the SBP will be reinstated when requested and appropriate documentation provided. DIC is also suspended if the widow remarries but can be restored if death, annulment, or divorce ultimately terminates that marriage.

The President has signed the Veterans Benefits Act of 2003 H.R. 2297 into law. Under this act the first step has been taken to remove these inequities. It allows DIC to be paid with no reduction of certain other Federal benefits (SBP annuities) to which the surviving spouse might be entitled to those who remarry after attaining age 57. Payments are effective 1 JAN 04. Payments are not retroactive for any periods the widow was married prior to that date. If a spouse's SBP was reduced or eliminated because of DIC all the SBP costs that were refunded when DIC first began must first be repaid. Installment type repayments are allowed. The language in H.R. 2297 is not a complete authorization for concurrent receipt of DIC payments and SBP annuities. However, the passage of this language, even with its restrictive application, should help in the efforts for full concurrent receipt of DIC/SBP to all eligible widows. NAUS and other associations through the umbrella groups, NMVA and TMC, are continuing efforts for that. [Source: VFW Washington Weekly 16 DEC & NAUS msg. 18 DEC 03]

SBP Reform Update 02: Sen. Mary Landrieu (D-La.) recently introduced the Military Survivor Benefit Improvement Act of 2003 (S. 1916), a measure that would phase out the offset experienced by Survivor Benefit Plan (SBP) beneficiaries when they reach age 62. The bill, similar to legislation (S. 401) introduced by Landrieu in the 107th Congress, would eliminate the SBP annuity reduction over a 10-year period and would also offer an open enrollment season for military retirees who are not currently enrolled in the SBP program. Open season enrollees would pay an additional premium penalty based on the number of years since retirement. Landrieu's bill was referred to the Senate Armed Services Committee, which will not take up the proposal until next year. A key test will be whether Congress decides early in the year, as it sets budget targets, whether to set aside money for improving survivor benefits. Military and veterans' groups will be behind her because the drop in annuities that occurs in old age, reducing payments by about 35 percent, has drawn many complaints over the years and is a reason why some retirees decide not to sign up for coverage. [Source: FRA News-Bytes 11 DEC 03]

CR Update 23: Rep. David Vitter (La.) is the latest member of Congress and the third Republican to defy their leadership's threat of not providing future support to any Republican representative who signs the discharge petition related to concurrent receipt legislation (H.R. 303). House minority members introduced the petition to bypass committee debate and bring H.R. 303 directly to the House floor, but 218 signatures are needed for the measure to advance. All bills introduced in the First Session of the 108th Congress, including the discharge petition, continue through to the Second Session of the 108th Congress which begins on 20 January 2004. Vitter is the 204th member of Congress to sign.

Complete elimination of the Disabled Veterans Tax through legislation is the veteran community's goal. At the present veteran death rate many will not be alive in 2014 to obtain their full benefit. In 2004 68% of the tax remains on those 50% disabled and over and 100% of the tax is still applicable to the over 300,000 remaining disabled vets plus the 194,000 veterans who did not complete 20 years of service but are drawing military disability retired pay. Under current CR law the following payment rates are authorized in lieu of full offsets of retired annuities from 2004 through 2013. After the 10th year, 50% to 100% disabled veterans would be allowed to receive full retirement annuities concurrently with VA compensation.

  * 2004 - 100% ($750.00). 90% ($500.00). 80% ($350.00). 70% ($250.00). 60% ($125.00). 50% ($100.00)

  * 2005 - 100% (907.00). 90% ($593.00). 80% ($442.00). 70% ($335.00). 60% ($200.00). 50% ($160.00).

  * 2006 - 100% ($1189.00). 90% ($760.00). 80% ($608.00). 70% ($487.00). 60% ($335.00). 50% ($267.00)

  * 2007 - 100%$1528.00). 90% ($961.00). 80% ($801.00). 70% ($669.00). 60% ($498.00). 50% ($395.00)

  * 2008 - 100% ($1844.00). 90% ($1148.00). 80% ($992.00). 70% ($839.00). 60% ($649.00). 50% ($515.00).

  * 2009 - 100% (2081.00). 90% ($1289.00). 80% ($1132.00). 70% ($967.00). 60% ($762.00). 50% (605.00).

  * 2010 - 100% ($2223.00). 90% ($1373.00). 80% ($1215.00). 70% ($1044.00). 60% ($831.00). 50% ($659.00)

  * 2011 - 100% ($2289.55). 90%) ($1412.00) 80% ($1254.00). 70% ($1080.00). 60% ($862.00). 50% ($684.00).

  * 2012 - 100% ($2312.00). 90% ($1426.00). 80% ($1268.00). 70% ($1092.00). 60% ($873.00). 50% ($693.00).

  * 2013 - 100% ($2317.00). 90% ($1429.00). 80% ($1271.00). 70% ($1095.00). 60% ($876.00). 50% ($695.00).

  * 2014 - 100$ ($2318.00). 90% ($1429.00). 80% ($1271.00). 70% ($1095.00). 60% ($876.00). 50% ($695.00).

[Source: Various 18 Dec 03]

Medicare Enrollment Outside U.S.: If you are living outside of the United States when you reach the age of 65, you should contact the Foreign Service Post which is normally located at the American Embassy to enroll in Medicare. Medicare does not pay for services outside the United States, except for some emergency situations in Mexico and Canada. However, Medicare enrollment is required for Tricare for Life eligibility for retired military and their dependents or widows. For those over 65 the 10% per year late enrollment fee is waived effective 1 JAN 04. The Medicare regulations define the United States as the 50 States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and for purposes of services rendered onboard ship, the territorial waters adjoining the land areas of the United States. Alien citizens who are military dependents or widows should apply even if they do not meet the eligibility requirements of having resided in the U.S. for five or more years. A formal written notification from Social Security of ineligibility is required by DEERS to continue Tricare Standard eligibility. It takes up to 120 days after you submit an application to receive this notification and in some geographic areas such as the Philippines another 120 days to reregister in DEERS. Tricare claims for medical care are only valid for up to one year after care is obtained so if you delay too long to enroll you could wind up not being reimbursed for your medical care by Tricare.
[Source:  http://www.medicare.gov NOV 03 ++]

Commissary Update 01:

     1. Some areas have combined commissary and exchange stores. Called BXMarts, edible items are priced as commissary items, at cost plus a 5-percent surcharge. Other items carry exchange prices, with variable markups.

     2. In the wake of a memo from a senior defense official to service officials notifying them of DoD's intent to close nine commissaries and possibly 26 others in remote areas, leaders of the House Armed Services total force subcommittee have written DoD that they would oppose such an effort. Reps. John McHugh, R-N.Y., subcommittee chairman, and Vic Snyder, D-Ark., ranking member, added that they will work to maintain and enhance the benefits provided by the commissary system. They also went on record opposing a plan by DoD to replace the traditional military three-star head of the Commissary Operating Board with a civilian, and another plan to study variable pricing of commissary goods. In a Nov. 6 letter, four senators asked Defense Secretary Donald Rumsfeld to reconsider the closures, which they said would "considerably undermine the morale and welfare of these troops and their families." The letter was signed by Democratic Sens. Patrick Leahy of Vermont, Patty Murray of Washington, Edward Kennedy of Massachusetts and Hillary Rodham Clinton of New York.

     3. The cost of some commissary items could rise as a result of a variable pricing study about to be launched by defense officials. Variable pricing would mark a significant departure from the current practice required by law of selling items at cost - no more or less than the prices charged by manufacturers and distributors, plus the 5 percent surcharge at the cash register. Variable pricing is a way for DoD to make a profit and would allow defense officials to reduce the one billion dollars of taxpayer dollars needed annually to run the commissaries. A variable-pricing structure would require a change in law. In a 29 OCT 03 memo to the Defense Commissary Agency (DCA), John Molino, deputy undersecretary of defense for military community and family policy, directed commissary officials to provide information on legislative actions that would be required for inclusion in the final study. The DCA is tasked to provide the information by 15 MAR 04.
[Source: Various 10 DEC 03]

Red Cross Assistance Request: The American Red Cross at Walter Reed Army Medical Center is looking for incidentals/comfort items for sick and wounded Armed Forces Personnel now recuperating at the hospital. When someone is stationed in Iraq, Afghanistan or elsewhere and is wounded or falls ill, they are immediately evacuated, and it can take weeks for their personnel effects to catch up with them. The Red Cross is asking for donations of any
of the following:

  * Telephone cards of at least 30 minutes.

  * Rolling luggage (small), totes, carry-ons.

  * Individually wrapped snacks.

  * Magazines.

  * Notepads, pens.

  * Playing cards and games.

  * Sweat pants and shirts (all sizes).

     All items should be addressed to: American Red Cross, ATTN: Barbara Green, Walter Reed Army Medical Center, 6900 Georgia Ave, N.W., Washington, DC 20307-5001. Checks should be made out to the American Red Cross. For more information, call (202) 782-2080 or e-mail Barbara.Green.1@AMEDD.army.mil   [Source: NAUS Update 12 DEC 03]

USFSPA Lawsuit Update 03: In early DEC 03 the USFSPA Litigation Support Group LLC veterans' group (a group of divorced veterans) put the finishing touches on a federal lawsuit they plan to file during the first quarter of 2004 to prevent state divorce courts from dividing their retainer/retirement pay. The group asserts that the Constitution forbids a twenty-year-old federal statute that permits state divorce courts to divide veterans' retainer/retirement pay with their ex-spouses. The law is the Uniform Services Former Spouses Protection Act (USFSPA) which was Congress' response in 1982 to a 1981 Supreme Court ruling that said the military pension was separate property belonging only to the service member. The USFSPA undoes the Supreme Court ruling that protected veterans' retirement pay from being divided with ex-spouses in divorce court. The veterans' group was founded after the failure of legislative efforts to kill the law. The ULSG contends that Congress may have meant well in enacting the USFSPA, but that the law has resulted in harsh consequences to divorced veterans, many of them unanticipated and unintended. The group further asserts that among the law's failings is that it does not even exempt veterans who joined the military before the law was ever passed. They claim that this is an unconstitutionally retroactive application of the law, seeing that the law was passed only after the Supreme Court said that veterans' retirement pay
could not be divided in divorce court. Over two thousand male and female divorced veterans from an estimated population of over 100,000 who are affected by this law have already joined the ULSG's plight. For further information, contact: ULSG, LLC, PO Box 270337 Tampa, FL 33688-0337 email:  Input@ULSG.ORG  or  http://www.ULSG.org [Source: Veterans Party Of West Virginia msg 12 DEC 03]

VA Home Loan Fees 2003: Under the Veterans Benefits Act of 2003, effective Jan. 1 origination fees for first-time use of the VA home loan guarantee program will change for active-duty service members, veterans and reservists. Active duty members and veterans will pay 2.2% of the value of the loan, up from 2%. Reservists, on the other hand, will pay 2.4%, down from 2.75%. On Oct. 1, the fee for active-duty members and veterans will drop to 2.15%, while reservists will continue to pay 2.4%. [Source: Armed Forces News 11 DEC 03]

VA Poverty Threshold: VA published a final rule amending 38 CFR 4.16(a) in the Federal Register of August 3, 1990, 55 FR 31579. The amendment provided that marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the Bureau of the Census as the poverty threshold for one person. The provisions of 38 CFR 4.16(a) use the poverty threshold as a standard in defining marginal employment when considering total disability ratings for compensation based on Unemployability of an individual. The Department of Veterans Affairs has given notice of the weighted average poverty threshold established for 2002 for one person (unrelated individual) as established by the Bureau of the Census. The amount is $9,183. For VA determinations, the 2002 poverty threshold is effective October 14, 2003, the date on which it was established by the Bureau of the Census.
[Source: VFW Director, National Veterans Service 4 DEC Newsletter VOL 52-5]

Burial in Private Cemetery: If you are considering the use of a private cemetery, you should take into account the following:

     1. When responding to an offer of a "free" gravesite for veterans, is there a requirement to purchase an additional gravesite.

     2. If an additional gravesite is required, where will it be located and what is its cost.

     3. What type of trust funds does the cemetery have too protect buyers.

     4. Are there restrictions on the type of headstone or marker that can be used to mark the grave.

     5. Does the cemetery require a special marker base to be purchased prior to ordering a free government marker for a veteran's grave.

     6. Is there an additional cost for the placement, setting, or care of a free government headstone or marker.

     7. Is an outside container (usually called a vault or grave liner) required. If so and how much does it cost.

     8. Know what you are receiving and what the company requires and have them put it in writing prior to the burial.

     DVA suggests that if a burial will be in a private cemetery and a government headstone or marker will be requested, the family complete the paperwork in advance. VA Form 40-1330, Application for Standard government headstone or marker for installation in a private cemetery or state Veterans' Cemetery is required. This form is available at most RAO/RSO offices and can be downloaded from the VA web site http://www.cem.va.gov  When required it can be submitted by fax to (800) 455-7143. In the interim the completed form should be placed with the veterans discharge papers until needed. [Source: 452 AMW/CVR March ARB Newsletter Fall 03]

Medicare Colorectal Cancer Tests: The Centers for Medicare & Medicaid Services (CMS) has announced its intention to make annual screening immunoassay fecal-occult blood tests (iFOBTs) available to Medicare beneficiaries age 50 and older. The new less intrusive patient-friendly test is expected to encourage more beneficiaries to obtain screening for the early detection of colorectal cancer. The screening will be an alternative to (or substitute for) the present screening guaiac fecal-occult blood test (gFOBT), for all beneficiaries age 50 and older. The immunoassay test requires the collection of fewer specimens than the guiaic test and does not require any dietary restrictions. The immunoassay fecal-occult blood test appears to be both accurate and easy to use, but is not yet covered by most payers. Medicare reimbursement for this test should lead to reduced morbidity and mortality for colorectal cancer.
     Colorectal cancer (CRC) is the fourth most common cancer in men and women in the United States, and the second leading cause of cancer mortality. Scientific studies have shown that early detection and treatment can have a major impact on mortality from CRC. One type of screening for CRC detects occult blood in the stool. Since 1998, Medicare has covered a gFOBT, which detects peroxidase activity in hemoglobin. Recently, several screening iFOBTs have been developed, which use an antibody to detect hemoglobin in the stool. These are aimed at precluding the need for certain dietary restrictions that some researchers believe need to be applied prior to and during the collection of the screening gFOBT samples to ensure the best results. Details of the decision memorandum announced can be found  http://www.cms.gov/ncdr/trackingsheet.asp?id=87
[Source: CMS Public Affairs Office msg. 5 NOV 03]

Tricare Pharmacy Policy: The following DoD policies are applicable in providing medications to the military community:

  * Military Treatment Facilities (MTFs) . The DoD Basic Core Formulary (BCF) is a list of medications that must be made available to beneficiaries by MTFs. BCF medications are intended to meet the majority of primary care needs of Military Health System beneficiaries. MTFs may augment the BCF with their own formularies based on the scope of care of their medical staff. The DoD Pharmacy & Therapeutics (P&T) Committee updates the BCF quarterly. Civilian prescriptions for formulary items will be filled at MTFs. Civilian prescriptions for non-formulary items are not filled at MTFs. If a beneficiary is under the care of a military provider at an MTF, the provider may special order a non-formulary drug, if he or she thinks it is justified.

  * DoD mail order and retail pharmacy points of service make available most non-injectable prescription medications, some injectable medications that are administered at home, and a few over-the-counter medications requiring prescriptions.

  * Covered drugs are subject to limitations. The DoD P&T Committee has listed some drugs as "preferred" because they have a clinical and economic advantage over other medications used for the same disease. Some medications require prior authorization or clinical justification before they can be dispensed. Certain drugs have quantity limits.

  * DoD Generic Drug Policy: It is DoD's policy to substitute generic medications for brand-name medications when available. Brand-name drugs that have a generic equivalent may be dispensed only if the prescribing physician is able to justify medical necessity for use of the brand-name drug in place of the generic equivalent.

At  http://www.tricare.osd.mil/tricarehandbook/results.cfm?tn=8&cn=9 you can obtain additional info on your Tricare Pharmacy benefit.

[Source: TRICARE Web Site eUpdate 5 DEC 03 VOL 1, No. 51]

Flu Prevention: With flu season here and deadly outbreaks of the virus being reported across the country, Defense Department health care officials are urging military personnel, DoD civilians and family members to get vaccinated. The most protective measure to prevent or lessen the harshness of the virus is to get vaccinated annually. According to the Centers for Disease Control and Prevention, the flu is caused by the influenza virus, which infects the nose, throat and lungs. The flu usually spreads from person to person when an infected person coughs, sneezes or talks, sending the virus into the air. Unlike other viral respiratory infections like the common cold, the flu causes severe illness and can be life-threatening in many people. Symptoms include fever, headache, tiredness, dry cough, sore throat, nasal congestion and body aches. While the vaccine is not 100 percent effective in preventing the flu virus, it is 100 percent effective in reducing the severity of symptoms that many people will encounter and for many people it is an absolute immunity against the virus. Additional preventive measures one can take are:

  * Avoiding or being in close contact with anyone who may have the flu.

  * Frequent hand washing. Hands transmit the virus, which can exist on surfaces.

  * Minimize contact between your hands, mouth and eyes. If hands are contaminated you can infect yourself via transmission through the eye and its secretions, the nose or oral pathway.

  * Lead a healthy lifestyle. Adequate rest and nutrition and hydration are very important as part of a daily approach keeping the body healthy to fight off disease.

     Last year at this time DoD health officials were faced with a more serious form of respiratory illness-Severe Acute Respiratory Syndrome, or SARS, that is not the case this year. The World Health Organization has not reported any cases of SARS anywhere in the world plus there are no reported cases among U.S. military personnel. SARS has flu-like symptoms that include fever, body aches, headaches, sore throat, dry cough, shortness of breath or difficulty breathing. According to CDC, the syndrome may be associated with other symptoms, including headache, muscular stiffness and loss of appetite, malaise, confusion, rash and diarrhea. If you are experiencing symptoms of influenza or SARS, you should consult a doctor to obtain definitive care and diagnosis to prevent spreading the condition to friends, family or associates.
[Source:  http://www.defenselink.mil/news/Dec2003/n12052003_200312055.html Dec.5, 2003]

Medicare Drug & Improvement Act 2003:  After much contentious debate, the Senate passed the Prescription Drug and Medicare Improvement Act of 2003 on 25 NOV and the president signed it on 8 DEC 03. The following is an outline of resolutions to the major issues in the bill:

  * Part B Late Enrollment Penalty. This section will waive Medicare Part B late enrollment penalties for those Military retirees who have not yet
signed up for Part B or who signed up since January 2001 in order to become eligible for TRICARE For Life. They must be able to demonstrate to the Secretary that he/she was a covered beneficiary before December 31, 2004, (as defined in section 1072(5) of title 10, United States Code). A method will be established for providing rebates for penalties paid for months on or after January, 2004.

  * Rx Drug Discount Card. Medicare-endorsed prescription drug discount cards would be available to all Medicare beneficiaries April 2004. HHS estimates savings between 15% and 25% per prescription. Low-income beneficiaries receive $600 of assistance per year for 2004 and 2005.

  * Prescription drug benefit. Standard Benefit parameters available in 2006 include:

      a. A $275 deductible.

      b. 75-25% coverage up to $2,200.

      c. $3,600 out-of-pocket catastrophic coverage, (Low-income below 135% of poverty have no copayments above catastrophic, between 135-150% $2/$5 copayments. Above 150% of poverty 5% coinsurance.)

      d. Risk corridors. (Plans at risk for 50% of costs above 2.5% of bid; 80% above 5%.)

      e. A $35 average premium.

NOTE: DoD has assured that this legislation will have NO impact on the TRICARE Senior Pharmacy Program. The statutory authority for the TRICARE Senior Pharmacy (TSRx) program is independent of any rights or benefits under Medicare, and is not replaced or modified by any Medicare prescription drug benefits.

  * Low-income Assistance.

      a. Duals have access to Medicare benefit.

      b. Federal rules apply throughout benefit.

      c. 10 year phase-down to 75% state contribution, 75% applies thereafter.

      d. Cost-sharing and premium assistance for those up to 150% of poverty with no gap in coverage.

      e. For dual eligible with incomes below 100% of poverty $1 for generics and $3 for brand name.

      f. Up to $2 co pays for generics drugs and up to $5 copayment for brand name/and non-preferred drugs (indexed) for all other low-income
beneficiaries under 135% of poverty.

      g. Medicaid can provide coverage for classes of drugs not covered by Medicare (e.g. prescribed over-the-counter, benzodiazepines etc.).

      h. House asset test ($6,000/$9,000 and indexed to inflation) for those below 135% of poverty.

      i. Below 150% of the FPL -- $50 deductible and a sliding scale premium; 15% coinsurance up to the catastrophic limit; $2-$5 copayments thereafter. Asset test ($10,000/$20,000 single/couple indexed to inflation).

  * Retiree Coverage.

      a. Retiree plans offering actuarially equivalent coverage receive 28 percent payment for the drug costs between $250 and $5,000. The subsidy for retiree prescription drug coverage is excludable from taxation.

      b. Qualified retiree plans have maximum flexibility on plan design, formularies and networks.

      c. Employers can also provide premium subsidies and cost-sharing assistance for retirees that enroll in a Medicare prescription drug plans and
integrated plans.

      d. Employers can negotiate preferential premiums from integrated plans.

      e. Medicare annual $1,500 cap on physical therapy payments will be eliminated.

      f. TRICARE For Life beneficiaries can enroll in Medicare+Choice plans and TRICARE will reimburse their co-payments.

  * Physicians.

      a. The 4.5% cut in 2004 and additional cut in 2005 would be blocked. Instead, physicians would receive a 1.5% increase in 2004 and 2005.

      b. An increase of 1.0% on work geographic payment adjuster (GPCI) in 2004 through 2006.

      c. Physician scarcity bonus payment 2005-2007.

[Source: NAUS Legislative Update 26 NOV 5 & DEC 03]

DIC & SBP Concurrent Receipt:  As reported in the last RAO Bulletin Update both House and Senate have passed the Veterans Benefits Act of 2003 H.R. 2297 which is now ready for forwarding to the Executive branch of the government. However, at the time this Update was prepared the bill has not been sent to the President. The Constitution mandates when Congress completes action on a bill it is sent to the President, who must act on it within 10 days. During this period there are several actions the President can take:

      a. Sign the bill into law.

      b. Allow the bill to become law without his signature. If the President does not sign or veto it within the ten-day period the bill becomes law
automatically.

      c. Veto the bill. The President vetoes a bill by announcing he will not sign the bill and sending it back to Congress. Usually the President's veto
message indicates his objection to the bill. A veto can be overridden with a two-thirds majority vote of each House of Congress. If the veto is
overridden, the bill becomes law without the President's signature. If the two-thirds vote is not reached in both Houses, the bill dies. Congress can
modify the vetoed bill and send back a new bill to the President for his signature.

      d. Pocket veto. If there are fewer than ten days left in the legislative session before adjournment, the President can kill a bill simply by letting
the legislative calendar expire without actually vetoing it. This allows the President the option of not having the bill overridden since Congress will
be out of session. This procedure is called a pocket veto.

      H.R. 2297 makes many improvements to the benefits administered by the VA that will become effective 1 JAN 2004 of signed. One provision with special importance to widows of military retirees whose death was ruled service-connected by the VA is for DIC to be paid with no reduction of certain other Federal benefits to which the surviving spouse might be entitled. This in essence eliminates the requirement for DIC to offset
military SBP annuities as required by current law. Or, in words more familiar to the military community concurrent receipt of DIC and SBP without an offset of either for the surviving spouses. The elimination of the SBP/DIC offset has been a long-term legislative goal of the National
Association for Uniformed Services (NAUS) and the Society of Military Widows (SMW). This goal could not have been achieved without the support of the Veterans' Affairs Committee Chairman Rep. Christopher Smith (R-NJ), Sen. Bill Nelson (D-FL) who introduced S. 585 and Rep. Henry Brown (R-SC), the Chairman of the Subcommittee on Benefits, House Committee on Veterans' Affairs, who introduced H.R. 1726. The purpose of these two bills was to eliminate the SBP/DIC offset, which were helpful for the inclusion of the offset elimination language in H.R. 2297. [Source: NAUS Update 5 DEC 03]

Tax Statements via myPay:  Defense Finance and Accounting Service officials have announced the below schedule of dates when service members, military retirees and annuitants and defense civilian employees can access and print their 2003 tax statements [W-2, 1099R, 1042S] through myPay at  https://mypay.dfas.mil   If not already registered you will need to obtain a PIN. Procedure to obtain one is on the site and a PIN will be mailed to your address of record within two business days. Upon receipt you can use the Internet or touch-tone telephone to change your PIN. For assistance, users can call myPay customer support at (800) 390-2348. MyPay provides a secure method for users to manage their pay account information. Available around the clock, users can make changes online, instead of visiting a finance office. Officials are projecting the tax statements will be posted on myPay during the following periods.

  * Military annuitants: Dec. 13 to 18

  * DOD civilians: Dec. 24 to 29

  * Army, Air Force and Navy reserve components: Dec. 26 to Jan. 1

  * Military retirees: Jan. 1 to 5

  * Marine Corps active duty and Reserve: Jan. 13 to 21

  * Army, Air Force and Navy active duty: Jan. 16 to 26

      Although retirees and annuitants will be able to view and print their statements, they will automatically receive a mailed copy of their 1099.
This is because so very few retirees are using myPay. A mailing date will be announced later. During 2003, more than 1.2 million users viewed their tax statements on myPay, and DFAS continues to encourage users to view and print their statements online.
[Source: Air Force Retiree News DEC 03]

Identity Theft Bill H.R. 2622: President Bush on 4 DEC signed into law a bill that will maintain uniform national credit reporting standards while helping consumers guard against identity theft. The measure (HR 2622), which the Senate cleared by voice vote Nov. 22, will permanently block states from writing their own consumer credit reporting laws. To deter identity theft, a growing problem that costs consumers substantial time and money to combat, it requires the deletion of all but the last five numbers of credit and debit card numbers on receipts. It allows consumers to place fraud alerts on their credit reports, and requires the three national credit reporting agencies to coordinate and share identity theft complaints so that a victim can notify all three with a single call. The measure also entitles consumers to one free copy of their credit reports annually from each of the national bureaus. And it requires notice to consumers if information in their credit report is negatively affecting the rates they are charged for credit.  [Source: Congressional Quarterly and CQ Today 4 DEC 04]

TMOP Faxed Prescriptions:  Providers who fax prescriptions to the TRICARE Mail Order Pharmacy (TMOP) are requested to exercise extra care in doing so.
      According to TRICARE officials, many prescription pads used by providers contain embedded watermarks to prevent fraud and forgery. When prescriptions written on watermarked pads are faxed to TMOP, the watermarked area of the copy received at TMOP is black and unreadable or totally blank. TRICARE is spreading the word among its customers to encourage providers to fax a cover sheet containing the provider's name and telephone number along with every prescription. This will allow TMOP to contact a provider when an unreadable watermarked prescription is received. Officials noted that TMOP receives thousands of faxes daily and will make every attempt to track down providers as long as they have contact information. The cover sheet is the best possible way to provide the needed contact information and, as a result, prevent unnecessary delays in providing services to TMOP beneficiaries. TMOP related information is available online at
http://www.tricare.osd.mil/pharmacy/tmop.cfm   [Source: Air Force Retiree News 26 NOV 03]

VA Cemetery Memorials Inventory: The VA is seeking volunteers to research and photograph monuments in its 120 National Cemeteries and 33 Soldiers' Lots. When VA's Memorials inventory project began in May 2002, it was estimated that 300 Memorials would be found in National Cemeteries and Soldiers' Lots. To date, nearly 800 Memorials have been identified with help from over 220 volunteers. Approximately 300 Memorials in 20 States remain to be documented and VA will continue to recruit volunteers for the project until all are documented. VA provides volunteers with project instructions, survey questionnaires and film. Volunteers take measurements and photographs, record inscriptions, make notes on a Monument's condition and conduct historical research. The project has attracted a wide range of people, including students, teachers, scout groups, active and retired military members, scholars, history professionals and enthusiasts. The information obtained from the project will be made available to the public through the Smithsonian Institute's art inventory database. VA is now in the largest expansion of the National Cemetery System since the Civil War. Three National Cemeteries have opened since 2000, and five more National Cemeteries are now being built. For additional information about the project or to volunteer, contact historian Darlene Richardson at (202) 565-5426 or email nca.memorials@mail.va.gov  [Source: Air Force Retiree News 25 NOV 03]

Tax On SSA Benefits:  If you are a U.S. citizen or U.S. resident, up to 85 percent of the Social Security benefits you receive may be subject to the Federal income tax. If you file a Federal income tax return as an "individual" and your combined income is $25,000 to $34,000, you may have to pay taxes on up to 50 percent of your Social Security benefits. "Combined income" means your adjusted gross income plus nontaxable interest plus one-half of your Social Security benefits. If your combined income is over $34,000, you may have to pay taxes on up to 85 percent of your Social Security benefits. If you file a joint tax return, you may have to pay taxes on up to 50 percent of your Social Security benefits if you and your spouse have a combined income of $32,000 to $44,000. If your combined income is over $44,000, you may have to pay taxes on up to 85 percent of your Social Security benefits. If you are a member of a couple and file a separate return, you probably will pay taxes on your benefits.
      If you are not a U.S. citizen or a resident, federal income taxes will be withheld from your benefits. The tax is 30 percent of 85 percent of your
benefit amount. It will be withheld from the benefits of all nonresident aliens, except those who reside in countries which have tax treaties with
the U.S. that do not permit taxing of U.S. Social Security benefits (or provide for a lower tax rate). The U.S. has such treaties with Canada, Egypt, Germany, Ireland, Israel, Italy, Japan, Romania, Switzerland and the United Kingdom (defined as England, Scotland, Wales and Northern Ireland). In addition, the Social Security benefits paid to individuals who are citizens and residents of India are exempt from this tax to the extent that their benefits are based on federal, state or local government employment. (This list of countries may change from time to time.)
      After the end of the year, you will receive a statement showing the amount of benefits you received during the year. Many foreign governments tax U.S. Social Security benefits. U.S. residents planning to live in another country should contact that country's embassy in Washington, D.C., for information. Keep in mind that Social Security benefits are calculated in U.S. dollars. The benefits are not increased or decreased because of changes in international exchange rates.  [Source: http://www.ssa.gov/international MAY 03]

Tricare Viagra Coverage:  Tricare may cover several specialized drugs. All require the prescribing doctor to make a pre-authorization request, and the doctor must document that the patient's condition meets specific program criteria. For Viagra defense officials issued the following guidelines in 1998:

  * It will not be approved for any patient taking such nitrate medications as nitroglycerin;

  * It may not be stocked in any military pharmacy. It will be special-ordered for a patient who meets the medical criteria;

  * It will not be approved for a patient with problems resulting from psychological factors only;

  * It will not be approved for a patient with a medical history of inability to ever achieve erection;

  * A patient will be allowed only six pills per 30-day period. Pills that are lost or destroyed will not be replaced.

It may be approved for treatment of the following conditions only:

  * Organic erectile dysfunction from diabetes or other vascular-related or drug induced dysfunction, as sometimes seen with drugs prescribed for
hypertension, depression, Parkinson's disease and the like.

  * Organic erectile dysfunction from a combination of organic and psychological factors.

  * Drug induced erectile dysfunction where the causative drug cannot be altered or discontinue for medical reasons.

      A physician who wishes to prescribe Viagra to a Tricare beneficiary should contact the Tricare regional managed care support contractor for his state/country about instructions for requesting pre-authorization for the drug.

[Source: Tricare Help Navy Times 10 NOV 03]

VA Life Insurance (S-DVI):  Eligibility requirements to obtain VA Service-Disabled Veterans Insurance are:

  * Received an other-than-dishonorable discharge.

  * Released from active duty on or after April 25, 1951.

  * Received a rating for a new service-connected disability within the past two years.

      Initial application if for $10,000 of insurance. Veterans do not need to have a 100% rating to be eligible. Veterans who receive a new rating of 0% are also eligible for the coverage. The rating must be for a new disability, not an increase in an existing rating. A copy of the latest rating decision must be attached to the application. Veterans who are 100% rated can apply for an additional $20.000 coverage but premiums for that coverage cannot be waived. The forms listed below are to be used in the following situations:

  * Veteran does not already have S-DVI coverage. VA Form 29-4364 (Application for Service Disabled Insurance)

  * Veteran has been awarded S-DVI coverage or the veteran is totally disabled and would like to apply for a waiver of premiums. VA Form 29-357 (Claim for Disability Insurance Benefits) NOTE: Veterans must be less than 65 years of age.

  * Veteran has been awarded S-DVI coverage and is receiving a waiver of premiums and would like an additional $20,000 in coverage. VA Form 29-0188 (Application for Supplemental Service Disabled [RH] Life Insurance)

[Source: VFW Director, National Veterans Service 4 DEC Newsletter VOL 52-5 & VA Benefits Handbook]

CR Update 22: President Bush, this week, signed the Defense Authorization Act into law. The new law includes a provision that will allow disabled military retirees with 20 or more years of service and a VA disability rating of 50 percent or more to receive both their VA disability and a 10-year phase in of their retired pay beginning January 2004. Those eligible will be receiving the following additional amounts in 2004:

  * Members with a disability rated as total would receive $750 per month.
  * Members rated 90 percent disabled would receive $500 per month.
  * Members rated 80 percent disabled would receive $350 per month.
  * Members rated 70 percent disabled would receive $250 per month.
  * Members rated 60 percent disabled would receive $125 per month.
  * Members rated 50 percent disabled would receive $100 per month.

     The bill also extends coverage under last year's Combat-Related Special Compensation Program (CRSC) to disabled retirees with combat or
operations-related disabilities rated from 10% to 100%. Guard and Reserve retirees with 20 years service will also be eligible.. Further guidance on applying for this program will be forthcoming. Some ex-spouses of retirees also stand to get more money if they have a standing garnishment order filed with the Defense Finance and Accounting Service (DFAS) as a result of an award of a portion of their former husband's retired pay in a divorce settlement. Defense officials have confirmed that former spouses will benefit, but warned payments are not guaranteed. An ex-spouse with a valid court order for a share of military retired pay could get more if the disabled retiree has non-combat disabilities, but would get nothing if the disabilities are combat-related. That's because the Defense Department considers CRSC to be a form of disability retired pay, which is not divisible under the Former Spouse Protection Act, while those with non-combat disabilities will receive additional retired pay, which can be divided with an ex-spouse. [Source: Various 18 NOV 03]

Veterans Improvement Act of 2003: The Veterans Health Care, Capital Asset, and Business Improvement Act of 2003, S. 1156, provides legislation that expands specialized health care services for veterans and authorizes $369 million to repair, renovate, and build new VA medical care facilities. S. 1156 represents a compromise agreement containing provisions from several other bills, including H.R. 1720, H.R. 2357, and H.R. 2433 that will help to ensure that the VA health care system has a modern infrastructure capable of providing medical services to our Nation's veterans. As amended and approved in the House this legislation will:

  * Eliminate the 90-day requirement for former POWs to qualify for dental care and eliminates prescription drug copayments for all former       POWs.

  * Provide health care priority to veterans who participated in chemical and biological testing known as Project 112/SHAD.

  * Authorize $16 M of yearly medical health care services to 8,000 Filipino WW-II veterans living in US.

  * Allow VA to contract with smaller non-VA providers to provide nursing and extended care to aging veterans.

  * Authorize VA to appoint chiropractors as clinical practitioners.

  * Increase funding for specialized mental health care services from $15,000,000 to $25,000,000.

  * Extend VA's authority to transfer certain properties to community-based homeless veterans assistance providers.

  * Establish an Office of Research Oversight to strengthen protections and safety for human subjects and VA employees.

  * Authorize VA to carry out major construction projects proposed by the Capitol Asset Realignment for Enhanced Services (CARES) initiative       only after submitting a report to Congress listing each project in order of priority as established in this legislation.

  * Require VA to notify Congress at least 60 days (or 30 days of continuous session) prior to undertaking any medical facility closures,       consolidations, or staff realignments recommended by the CARES initiative.

  * Authorize $276.6 million for new major medical construction projects in Lebanon PA ($14.5 million); Beckley WV ($20 million); Chicago IL       ($98.5 million); San Diego CA ($48.6 million); West Haven CN ($50 million); Pensacola FL ($45 million).

  * Authorize $5.879 million for new VA outpatient clinic leases in Charlotte NC ($3 million) and Boston MA ($2.879 million).

  * Authorize $86.5 million in advance planning funds for major medical projects in the following locations: Denver CO ($26 million); Pittsburgh PA       ($9 million); Las Vegas NV ($25 million); Columbus OH ($9 million); East Central Florida ($17.5 million).

  * Require VA to develop specific plans for meeting the future hospital care needs of veterans who reside in Southern New Jersey, southern       Texas, north central Washington, and the panhandle area of Florida.

  * Require VA to conduct a feasibility study in coordination with the Medical University of South Carolina and DOD to consider establishing a       joint health-care venture providing comprehensive health care services to veterans, active duty servicemembers, and other beneficiaries in the
      Charleston SC area.

  * Authorize VA to name the following health care facilities: Bob Stump VAMC in Prescott AZ; Jesse Brown VAMC in Chicago IL; Michael E.       DeBakey VAMC in Houston TX; George E. Wahlen VAMC in Salt Lake City UT; John J. McGuirk VA Outpatient Clinic in New London CN;       Victor J. Saracini VA Outpatient Clinic in Horsham PA.

[Source: Committee on Veterans Affairs News Release 21 NOV 03]

Veterans Benefits Act of 2003: Both House and Senate have passed H.R. 2297, the Veterans Benefits Act of 2003. It will now go to the President for signature. Among its many provisions, H.R. 2297:

  * Restores dependency and indemnity compensation (DIC), home loan, education, and burial benefit eligibility for spouses remarried after age
     57. Qualifying spouses who remarried at age 57 or more before enactment of the bill will have one year to apply for reinstatement of these       benefits.

  * Extends burial benefits to surviving spouses who remarry after age 57.

  * Increases monthly educational benefits for spouses and dependent children of members who died of service-connected causes from $695 to       $788 for full-time study, from $522 to $592 for three-quarter time study, and from $347 to $394 for half-time study.

  * Extends VA's specially adapted housing grant to severely disabled servicemembers prior to separation from active duty service.

  * Expands benefits eligibility to children with spina bifida who were born to certain Vietnam-era veterans who served in Korea near the       demilitarized zone.

  * Eliminates the 30-day requirement for POWs to qualify for presumptions of service-connection for certain disabilities.

  * Expands the Montgomery GI Bill program to cover self-employment training programs and entrepreneurship courses at approved institutions.

  * Provides $3 M of yearly compensation to about 100 US-based Filipino New Scouts for their war-related disabilities, burial benefits and for 400       widows.

  * Increases the specially adapted automobile grant from $9,000 to $11,000, and increase the specially adapted housing grant from $48,000 to       $50,000 for severely disabled veterans.

  * Allows the surviving spouse or dependent children to receive the full amount of accrued benefits if the veteran dies while claim is pending.

  * Mandates that the Department of Labor place staff in veterans' assistance offices at overseas military installations 90 days after date of       enactment.

[Source: Various 28 NOV 03]

VA Insurance Dividend 2004: The Department of Veterans Affairs (VA) has announced its distribution of more than $517 million in dividends to 1.5 million active policyholders of veterans' life insurance. Over the next year, veterans will receive payments on the anniversary date of their
policies, with the specific dividend amount varying according to age, type of insurance, and length of time the policy has been in force. Veterans
will automatically receive their annual dividend through one of the nine payment options available to them. Dividends cover only veterans with
government life insurance policies who served between 1917 and 1956. Veterans who were discharged after 1956 are covered by VA term insurance programs that do not pay dividends. The dividends represent a return of trust fund earnings on the premiums paid by policyholders throughout the years. They reflect the fact that veterans are living longer than originally predicted. Dividends are also attributable to the higher than expected yields earned by the trust funds from investments in U.S. government securities.
     Only those with policies that have been kept in force when premiums were required are eligible for the payout. Inaccurate notices periodically
surface in the veterans community suggesting that those who have not maintained insurance are eligible for a special dividend if they contact VA,
but this is false. Dividends are automatically sent to eligible policyholders. The largest group receiving 2004 payments will be 1.2 million veterans of World War II with National Service Life Insurance ("V") policies. Total payments are expected to reach $416.8 million. Dividends totaling $1.8 million will be paid to about 11,000 veterans holding U.S. Government Life Insurance ("K") policies. Nearly 200,000 Korean War era veterans who have maintained Veterans Special Life Insurance ("RS" and "W") policies can expect to receive dividends totaling $83.9 million. Veterans from the World War II era who hold Veterans Reopened Insurance ("J", "JR" and "JS") policies, currently numbering nearly 53,000, will share a $14.7 million dividend. Although VA administers a special life insurance program for disabled veterans and a program offering mortgage life insurance coverage, neither pays dividends. For current active-duty service members and reservists, VA supervises a contract with a private carrier to underwrite Servicemembers' Group Life Insurance. No dividends are paid on Servicemembers' Group Life Insurance. Veterans who have questions about their policy can call the VA Insurance toll-free number at 1-800-669-8477, send an e-mail to  VAinsurance@vba.va.gov  or visit the web site at  https://www.insurance.va.gov  [Source: VA News Release 21 NOV 03]

Skilled Nursing Facility: A skilled nursing facility (SNF) is defined as a facility that has the staff and equipment to provide skilled nursing care
and/or skilled rehabilitation or other medically-necessary health care services to include prescription medications. Medicare and TRICARE cover medically necessary skilled nursing care and rehabilitative (physical, occupational and speech) therapies that are provided in the skilled nursing
facility. The SNF covered benefits include room and board, prescribed drugs, laboratory work, supplies, appliances and medical equipment. For the skilled nursing facility benefits to be covered by TRICARE the SNF must be Medicare-certified and enter into a participation agreement with TRICARE. For SNF care to be covered under both Medicare or TRICARE, eligible beneficiaries must have a qualifying hospital stay of three consecutive days or more, not including the day of discharge from the hospital. They must also enter the SNF within 30 days of being discharged from the hospital. If the qualifying hospital stay for the beneficiary is determined by Medicare to be not medically necessary, the SNF admission and any subsequent claims will be denied by Medicare and TRICARE. The beneficiary may appeal the denial through Medicare and through TRICARE if TRICARE is the primary payer. Medicare limits the number of SNF care days it covers to 100 days for each spell of illness. TRICARE, however, covers SNF care for more than 100 days as long as the care is medically-necessary. After a dual-eligible beneficiary exhausts the 100-day Medicare SNF benefit, a Medicare claims denial for additional days must be sent to TRICARE before TRICARE can pay a beneficiary's SNF claim.

     Long Term Care (LTC): A beneficiary's health care needs are reviewed at various times by staff members at a SNF to determine if skilled nursing care is still required. Though a determination may be made that skilled care is no longer medically-necessary, a beneficiary may still require assistance in performing "activities of daily living" (ADLs). These require a different type of service known as long term care, sometimes called "custodial care." LTC and any other service provided to assist a person with eating, dressing, bathing or performing activities of daily living, are not covered benefits under Medicare, TRICARE or TRICARE For Life. Whether the care is performed in a nursing home, assisted living facility or at a beneficiary's home, neither Medicare nor TRICARE will cover the cost of providing LTC. The cost of LTC coverage may vary and must be borne by the patient or through private long-term care insurance. To qualify for LTC benefits, most insurance carriers require that a person need assistance with at least two ADLs.

     LTC Insurance: As a result of fiscal year 2001 legislation, Congress authorized the Federal Long-Term Care Insurance Program (FLTCIP), sponsored by the Office of Personnel Management (OPM). Persons eligible to purchase LTC coverage provided by the government include:

  * active duty and retired members of the Uniformed Services
  * certain members of the Reserves and their family members;
  * employees of the federal government and their spouses, parents, step-parents, parent-in-laws, and adult children, and
  * gray area Reservists (i.e. Reservist who have completed 20 years of service but have not attained age 60 and retired pay eligibility)

     Additional information on federal long-term care insurance is available at  http://www.opm.gov/insure/ltc/  or by calling (800) LTC-FEDS or (800) 582-3337. Many commercial insurance carriers also offer long-term care products and services for people needing assistance with medical or non-medical personal care needs. Beneficiaries who require additional information on long-term care, may contact the Centers for Medicare & Medicaid Services at (800) Medicare or (800) 633-4227, to request a copy of Choosing Long Term Care; A Guide for People with Medicare. [Source: THEMS Newsletter 3 NOV 03]

Congressional Mail: The only way veterans can have an impact on any issue is to communicate with the congressmen of their state/distinct. A
Congressman's office normally screens out communications from anyone who is not a constituent. Many of our congressional representatives or key people on their staff do not understand military life nor military benefits and entitlements. They need to be educated not vilified because their point of view is inaccurate or may not correspond with yours. Your congressman's staff will be opening it and reading it along with the thousands of others on various subjects. Most are machine produced and thus receive very little attention as does email. If you do not get the attention of the staff reader it will never get to the Congressman's desk to influence him in his decision on any vote. Some tips on more effective ways to get your Congressman's attention are:

  * Experience has shown that a hand written legible letter of no more than one page is most effective. Next most effective is a FAX.

  * Your communication must show that you have a postal address in the congressman's district, or say that you vote there. If you vote in
     Pennsylvania, it doesn't matter how much you admire the senator from Arizona. To be heard, you must write to your own representative.

  * Stick to one issue per letter.

  * It's important to get to the point. The first sentence of your letter ought to say what you want. Don't lay a foundation and build to a
     conclusion. Put the bottom line at the top.

  * If you want your lawmaker to vote a certain way on a bill, say that first.

  * Don't be argumentative.

  * When writing do not attack the individual. Attack the position or their point of view with carefully researched facts and accurate information.

  * Don't talk of any political donations you made or were involved in soliciting. The person who opens your letter is a government employee and
     is forbidden from engaging in politics.

  * In most cases, it's more effective to write to a lawmaker's district office than his Washington address.

     You can locate your congressman at  http://www.house.gov/writerep  by entering your zip code and see the names of your representative with full communication details for electronic and surface methods. Your senator can be located at  http://www.senate.gov
[Source: Robert Dorr  robertdorr@aol.com  & ++]

Reserves Commissary Benefit (Update): The Department of Defense has announced that with the president's signing of the National Defense Authorization Act for Fiscal Year 2004, effective immediately, the following members and their dependents will be permitted unlimited access to commissary stores:

  * Members of the Ready Reserve (which includes members of the Selected Reserve, Individual Ready Reserve and Inactive National Guard)       and members of the Retired Reserve who possess a Uniformed Services Identification Card.

  * Former members eligible for retired pay at age 60 but who have not yet attained the age of 60 and who possess a Department of Defense       Civilian Identification Card.

  * Dependents of the members described above who have a Uniformed Services Identification Card or who have a distinct identification card used       as an authorization card for benefits and privileges administered by the Uniformed Services.

     Instructions have gone out to all continental U.S. stores informing them that reservists now have unlimited shopping and telling store managers how to welcome members of the National Guard and Reserve to the full use of the commissary benefit. Commissary shoppers will begin to see banners saying 'Welcome Guard and Reserve to Full Time Savings,' along with other events recognizing these new full-time shoppers. Guard and Reserve members were authorized only 24 commissary shopping days per calendar year.
     Commissaries have immediately adopted the new provisions, which means Guard and Reserve members will no longer have to present a Commissary Privilege Card when they shop.
[Source: EANGUS msg. dtd 25 NOV 03]

USERRA (Uniformed Services Employment and Re-employment Rights Act): The Uniformed Services Employment and Re-employment Rights Act protects family and medical leave rights of reservists and guardsmen. Under the Act any person called up for military service has certain rights in the civilian workplace. Every employer, from the biggest of corporations to small businesses, must comply. The act covers people who've been absent from work because of:

  * Active duty.
  * Active duty for training.
  * Inactive duty training.
  * Full-time National Guard duty.
  * An examination to determine fitness for any of the types of duty mentioned above.
  * Funeral honors duty performed by National Guard or reservists.

     Employers must extend USERRA provisions to anyone in the Army, Navy, Marine Corps, Air Force or Coast Guard; Reserves and National Guard; Commissioned Corps of the Public Health Service; or any other group of people designated by the president. For more information visit http://www.dol.gov/vets  [Source: NAUS Leg Up 6 NOV 03]

IRS New Dividend Rules: The 2003 Jobs and Growth Tax Reconciliation Act dramatically decreased the tax rate on most dividend types. Prior to 2003, dividends were taxed at ordinary income tax rates (up to 35%). The new rules reduce the dividend tax rate to 15% for those in the 25%, 28%, 33% and 35% tax brackets, and to only 5% for those below the 25% tax bracket. Due to the "Sunset Provision" in the 2003 Tax Act, dividend rates revert to their 2002 levels in 2009, barring further congressional action.
     Dividends received by an individual shareholder from domestic and qualified foreign corporations benefit from the lower rates. A taxpayer in the 28% tax bracket receiving $4,000 in qualified taxable dividends in 2003 realizes a savings of up to $520.

  * Old rule: $4,000 x 28% = $1,120
  * New rule: $4,000 x 15% = $600
  * Savings: $520

Unfortunately, some popular dividends may not qualify for the new rules, including:

  * Dividends paid by bond and municipal bond mutual funds
  * Dividends paid by some real estate investment trusts (REITs)
  * Dividends paid by preferred stock.

     If you own these investments in a taxable account, discuss their tax treatment with your investment advisor or tax professional. In addition, interest payments from fixed income investments such as bonds, certificates of deposit and money market funds are still taxed at the higher ordinary income tax rate. This makes it much less attractive to hold interest-bearing investments in taxable accounts.

Strategy:

  * Consider holding investments that may not qualify for the new dividend tax rules, such as bonds, REITs and preferred stock, in tax-deferred accounts like IRAs, Roth IRAs, SEPs and 401(k)/403(b) accounts.

  * Consider holding investments that qualify for the new dividend tax rules, such as blue-chip stocks and stock mutual funds, in taxable accounts.
Caution: Although the new dividend rates are attractive, assets earmarked for cash reserves, where liquidity and safety are paramount, should remain in deposit accounts, CDs and money market accounts. Most investments qualifying for the new dividend tax rules are stocks and carry more risk and greater volatility than fixed-income accounts.

[Source: MOAA Member Services Update OCT 03]

Tricare Overseas Fraud/Abuse TMA Letter: The below letter has been sent to ALL overseas authorized Tricare Providers by the Tricare Program Integrity office. To determine if your provider is complying with TRICARE billing practices all one needs to do is review the Explanation of Benefits [EOB] sent to you after each claim submitted to Tricare by your medical care provider to see if the below comments are applicable. Then verify if the cost share amount indicated on the EOB was paid by you to your provider. Failure to comply or report discrepancies can result in denial of your claim and possibly prosecution:

From: Tricare Overseas
October 28, 2003
Dear Administrator:

As a result of complaints received from our overseas beneficiaries, we are writing this letter to educate you that the following activities are
inappropriate and could constitute fraudulent billings. This is not an all-inclusive list. Examples include:

  * Billing or submitting claims for costs for noncovered or nonchargable services disguised as covered items. A billing agency may NOT include
its administrative costs in submitting a claim for health care services. Such an action is considered fraudulent. A billing agency may charge the
provider for an administrative fee to cover costs of submitting the claim. However, that cost cannot be passed on to the U.S. government in the form of a health care service/charge.

  * Billings or claims which involve flagrant and persistent over-utilization of services.

  * Billings for services not provided, i.e. charging an office visit for a prescription refill when no office visit took place.

  * Arrangements that are designed primarily to overcharge Tricare through various means, such as commission, fee splitting and kickbacks, which are used to divert or conceal improper or unnecessary costs or profits.

  * Unauthorized use of the term "TRIARE" in private business, while the use of the term "TRICARE" is not prohibited by federal statute,
misrepresentation or description of the term "TRICARE" to imply an official connection with the Government or to defraud may be a violation of federal statutes.

  * Improper billing practices: Charging CHAMPUS beneficiaries rates for services and supplies that are in excess of those charges routinely charged to the general public. For instance, prescription drugs, charges should not exceed the average drug wholesale price. Other services, both professional and institutional, shall not represent excessive charges.

  * A pattern of claims for services which are not medically necessary or, if medically necessary, not the extent rendered.

  * Waiving the deductible or cost share and/or offering financial inducement to encourage the receipt of health care.

  * Engaging in a practice that ultimately results in a waiver of the deductible or cost share.

  * Failing to promptly refund government dollars resulting from inappropriate billings or overpayments.

     Please be advised that the above actions are fraudulent/abusive and prohibited by the Code of Federal Regulations (32 CFR, 199.9). If your
organization engages in billing TRICARE any of the examples identified above, there will be consequences such as prosecution and denial of
future claims for payment to TRICARE. I hope this information is useful and appreciate your anticipated cooperation in this matter. If you have any questions, please contact me at (608) 226-7833.

Sincerely
Clare Kerwin, Supervisor
TRICARE Program Integrity
Cc: Tom Luckett, HMHS
Rose Sabo, TMA
Don Thompson TMA

Armed Services Tax Fairness Act: After more than a year of bickering between the House and Senate over what offsets to include in the bill
to ensure that the tax cuts did not further exacerbate the budget deficit a compromise was reached on the final version of HR 3365 legislation providing a package of tax cuts and increased death benefits for military families. Both chambers voted unanimously and the president signed it into law on Veterans day. The following benefits are covered under the legislation:

  * Doubles to $12,000 the death gratuity paid to survivors of military personnel killed in the line of duty, and would make the entire sum tax
exempt. Currently, only half of the $6,000 benefit is tax free. The increase in the death gratuity is retroactive to September 11, 2001;

  * Provides a capital gains break on home sales for members of the military and Foreign Service. Currently, a taxpayer may exclude form taxable income up to $250,000 in profits from a home sale, or $500,000 for a married couple filing jointly, if the owner resided in the home for at least two of the five years prior to selling it. The bill changes the law to allow military and Foreign Service personnel to exempt up to 10 years away from home (on orders) from counting against the requirement to have lived in a primary residence for at least 2 of the 5 years preceding sale of the home, retroactive to 1997;

  * Amounts received under the Defense Department's Homeowners Assistance Program will be excluded from taxable income. This program provides payments to offset adverse effects on housing values resulting from military base realignment or closure;

  * Gives National Guard and reserve members an "above the line" tax deduction (one taken directly from gross income before any itemized or standard deductions) for transportation, meals and lodging expenses more than 100 miles from home to attend National Guard or reserve meetings;

  * Deadlines for filing tax returns and paying taxes are suspended beyond those serving in a combat zone during hostilities to include those deployed outside the United States who are participating in a "contingency operation." Contingency operation is defined as an operation in which
members of the armed forces are or may become involved in military actions against an enemy of the United States or an opposing military force;

  * For students attending any of the military academies, the bill will permit penalty-free withdrawals from education savings accounts and qualified tuition programs.

  * If astronauts die in the line of duty, income tax liability for the year of death, and the one preceding it, will be waived. For those who died on
the Columbia space shuttle, the bill would apply retroactively.

[Source: Various NOV 03]

NDAA 2004 Benefit Upgrades: The House and Senate conferees forged a final agreement on their National Defense Authorization Act for FY 2004 (H.R.1588) unresolved differences on 6 NOV. Both the house and Senate have voted approval and the bill has been sent to the president for signature. Major personnel items of interest to service members include:

      (1) Concurrent Receipt of Retired Pay and VA Disability Compensation. On 1 JAN 04, all military retirees with at least 20 years of service and VA disability ratings of 50% or higher will see their military retired pay offsets phased out over a ten-year period. Combat Related Special
Compensation (CRSC) will be expanded to include all combat- or operations-related disabilities-from 10% to 100% ratings, also effective 1 JAN 04. Currently, only those with qualifying disabilities rated 60% or higher or who have a disability associated with a Purple Heart are eligible. In both cases, Guard and Reserve retirees with 20 qualifying years of service (including those with less than 7,200 retirement points) will be eligible.

     (2) Military Pay and Allowances. An average pay raise of 4.15%.

     (3) Enhanced TRICARE Coverage for the National Guard and Reserve. Cost-share access to TRICARE for non-mobilized, uninsured/unemployed members of the Guard and Reserve and expanded TRICARE coverage prior to and following a mobilization. Also, immediate dental and medical screening for Selected Reservists (primarily, drilling members of the Guard and Reserve) alerted for activation.

     (4) TRICARE Standard Information Outreach. DoD is directed to develop and implement a plan for information outreach to assist beneficiaries in obtaining access to TRICARE services.

     (5) Imminent Danger Pay (IDP) and Family Separation Allowance (FSA). Beginning 1 OCT 03 for 15 months an increase in the worldwide use of IDP from $150 to $225 per month and FSA from $100 to $250.

     (6) Military Manpower. An increase of 2400 in active Army end strength and an increase of 1,779 full-time active duty National Guard or Reserve personnel.

     (7) Survivor Benefit Plan (SBP) Program. Equitable SBP coverage for survivors of active duty deaths regardless of the circumstances of the
death. SBP annuities for survivors of reservists who die in the line-of-duty while performing inactive duty.

     (8) Health Protection and Surveillance. The Secretary of Defense must establish a quality control program to ensure compliance with pre- and post-deployment medical evaluations for servicemembers.

     (9) Commissaries. Unlimited commissary access for National Guard and Reserve servicemembers.

   (10) Military Pay Raise Comparability Process. A permanent law change tying future military pay raises directly to private sector pay growth, as measured by the Bureau of Labor Statistics' Employment Cost Index (ECI). Current law specifies that raises for active duty, Guard and Reserve members after 2006 would otherwise be capped one-half percentage point below the average American's pay raise every year.

   (11) Additional SBP Changes. Survivors of servicemembers killed on active duty will have the option to elect "child only" Survivor Benefit Plan (SBP) coverage. This will help many surviving spouses who now see their SBP coverage reduced by the amount of any VA survivor benefit. In addition, the new law tasks DoD and the GAO to conduct a study of military death benefits to include a comparison with private sector death benefits.

   (12) Housing Allowance. Servicemembers will see an average housing allowance increase of about 6.5% in January. That will reduce median out-of-pocket housing expenses for each grade to 3.5% of housing costs in 2004, with a target of further reducing average out of pocket expenses to zero in 2005.

   (13) Reimbursement for Household Goods. A new provision authorizes the Pentagon to enter contracts with moving companies that require the companies to reimburse military families the full cost of replacing any items lost or damaged during the move.

[Source: MOAA Leg Up 7 & 14 NOV 03]

Scholarships for Military Youth [DCS] 2004: Applications are now being accepted for the children of active duty, retired and Guard and Reserve members to apply for $1,500 academic scholarships. The application window for the 2004 Scholarships for Military Children program extends from 4 NOV 03 through 18 FEB 04. Now in its fourth year, the program, operated by the Defense Commissary Agency  http://www.commissaries.com  has awarded nearly $2.5 million in scholarships to some 1,500 children of U.S. service members and retirees.
Last year, 550 scholarship recipients were selected from 6,500 applicants. The goal is to award at least one scholarship at every commissary location, depending on the number of qualified applicants and funding. Funding comes from manufacturers and suppliers whose products are sold at military commissaries. In addition, the Fisher House Foundation is underwriting the program's administrative costs. The general public can also contribute to the program through the Fisher House Foundation http://www.fisherhouse.org and the Armed Forces Foundation  http://www.armedforcessupport.org  
     Applicants must be dependent unmarried ID card holders under age 21 (23 if enrolled as a full time student) who have at least a 3.0 grade point average and are planning to attend a college or university on a full-time basis starting in the fall term of the year 2004. The DEERS database will be the primary method of verifying eligibility. Students attending a community or junior college must be enrolled in a program of studies designed to allow the student to transfer directly into a four-year program. Submission of a 500 word essay on "What aspect of military life has had the greatest impact on you?"  is required. Applications can be picked up at your local commissary and are also available as a PDF file or Microsoft Word file at  http://www.militaryscholar.org  Applicants who submit an application at more than one commissary will be disqualified from consideration for a scholarship. Scholarship Managers, an independent, professional scholarship management service, will select the recipients. Neither DeCA nor Fisher House will be involved in the selection process of the recipients. Questions relating to the application process can be sent to militaryscholar@scholarshipmanagers.com  Scholarship Managers will mail checks to the recipient by 31 JUL 04. The check is made payable to the college or university selected by the scholarship recipient.
     Additional information about the scholarship program and application procedures can be found on the program's Web site http://www.militaryscholar.org   [Source: American Forces Press Service 6 NOV 03]

Medical Hold Guidelines: In a 29 OCT 03 DoD memorandum the Under Secretary of Defense for Personnel and Readiness, issued a memorandum to the Secretaries of the Army, Navy and Air Force, to establish policy relating to military personnel placed on "medical hold" while awaiting medical care and/or resolution of their deployment or separation status because of a medical issue. The policy applies to all active duty personnel, including the reserve components, on active duty orders for more than 30 days and assigns them the highest priority for health care appointments.
     The TRICARE standards for access to health care: no longer than one week for non-urgent, routine medical care, and no longer than one month for specialty care appoints, are considered the minimum threshold for access to health care for these beneficiaries. Personnel on "medical hold" requiring specialty care services are to be seen within two-weeks of identifying the need for an appointment. If such access is not available within the standards, the MTF are to refer patients to other military, VA or civilian sources of care, to include both TRICARE networks and non-network providers. The memorandum also addresses the services providing uniform lodging for "medical holds" that meet quality standards for the area in they are located. It also calls for weekly Service reports through DEC 03 to the ASD (HA) concerning the total number of medical holds for more than 30-days and over 60-days displayed by active duty and activated Guard and Reserve Components members.
[Source: NAUS Leg Up 6 NOV 03]

Medicare Enrollment w/Disability: If you are under age 65 and have a disability, you can file for disability benefits from the Social Security or the Railroad Retirement Board. You should apply at any Social Security office as soon as you become disabled. You may file by phone, mail or by visiting your local Social Security office. If you want to apply by phone call toll-free number, 1-800-772-1213, and a time will be set up a for your local Social Security office to contact you. Once you have filed, you will need to be on disability benefits for 24 months to be entitled to Medicare
benefits. You will automatically be enrolled in Medicare after you receive disability benefits for 24 months or when you reach the age of 65, whichever occurs first. The "Initial Enrollment Period" package that welcomes you to the program will be mailed to you about three months before your Medicare eligibility date. You can get more information by visiting  http://www.socialsecurity.gov  by calling the Social Security Administration at 1-800-772-1213, or by visiting or calling your local Social Security office.
     If you are living outside of the United States, you should contact the Foreign Service Post which is normally located at the American Embassy to enroll in Medicare. Medicare does not pay for services outside the United States, except for some emergency situations in Mexico and Canada. The Medicare regulations define the United States as the 50 States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and for purposes of services rendered onboard ship, the territorial waters adjoining the land areas of the United States.
  * Premiums. You can get Part A without having to pay premiums once you have received Social Security or Railroad Retirement Board disability benefits for 24 months. Contact your local Social Security office for more information. Your Initial Enrollment Period for Medicare Part B will begin three months prior to your 25th month of disability benefit entitlement. The premium for Medicare Part B is $66 in 2004. This monthly premium is deducted from your Social Security, Railroad Retirement, or Civil Service Retirement check. If you do not get any of these payments, Medicare will either send you a bill for your Part B premium every 3 months or you can use Medicare Easy Pay as an electronic payment option. This payment option allows people with Medicare to have their Medicare premiums automatically deducted from either their savings or checking account free of charge. If you do not sign up for Medicare Part B during your Initial Enrollment Period, you can sign up during the General Enrollment Period. This period runs from January 1st through March 31st of each year. During this time, you can sign up for Medicare Part B by calling the Social Security Administration at 1-800-772-1213 or by visiting or calling your local Social Security office. Your Medicare Part B coverage will start on July 1st of the year you sign up. The cost of Medicare Part B will go up 10% for each 12-month period that you could have had Medicare Part B but didn't take it. You will have to pay this extra amount as long as you have Medicare Part B. If you choose to wait and sign up for Medicare Part B when you reach the age of 65, you will not have to pay a higher premium for Part B.
[Source: http://www.medicare.gov NOV 03]

Presidential Primaries 2004: The registration and absentee ballot request deadlines are quickly approaching in states holding Presidential Preference Primaries in January and February 2004. In some states, voters should submit a Federal Post Card Application (FPCA) (SF-76) to their states before the end of 2003 in order to vote in these 2004 elections. The following states are holding Presidential Preference Primaries on:

  * District of Columbia: January 13
  * New Hampshire: January 27
  * Arizona: February 3
  * Delaware: February 3
  * Missouri: February 3 (Submit FPCA Not Earlier Than December 22)
  * Oklahoma: February 3
  * South Carolina: February 3
  * Tennessee: February 10 (Submit FPCA Not Earlier Than November 5)
  * Virginia: February 10
  * Wisconsin: February 17

     Citizens who are covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) who are residents of these states should register and request a ballot by completing and submitting an FPCA to their Local Election Official before the end of 2003. Voters should also submit a second FPCA after 1 JAN 04. FPCAs received after 1 JAN 04 will allow voters to receive absentee voting materials for the 2004 state primary and November General Elections. For assistance, contact an FVAP staff member through the DoD Voting Information Center (VIC). The VIC also provides recorded messages from candidates, as well as other information concerning elections, 24 hours a day. Citizens may reach the VIC toll-free from 59 countries using the toll-free numbers listed on the FVAP website  http://www.fvap.gov  In the U.S. call 1-800-438-VOTE (8683) or local (703) 588-1343 or use DSN (military) 425-1343. Questions may also be referred to the Director, Federal Voting Assistance Program, Department of Defense, Washington Headquarters Services, 1155 Defense Pentagon, Washington DC 20301-1155. Additionally, the FVAP can be reached via e-mail at  vote@fvap.ncr.gov  and on the World Wide Web at http://www.fvap.gov  
[Source: Federal Voting Assistance Program - News Release #11]

Army Reserve Health Web Site: HOOAH 4 HEALTH (H4H) is a web-based health promotion and prevention program developed to respond to the needs of the U.S. Army Reserve Components. The site was launched in May 2000 and since then over 46 million hits have been recorded. The users of  http://www.hooah4health.com  include not only Reserve Component citizen-soldiers and active Army personnel, but also their co-workers and families. Also, many users are elementary school children, and requests to link to this innovative U.S. Army web site originate from around the world. The vision of the Army Well-Being Strategic Plan is captured throughout the modules on the site. Body, mind, spirit, environment, prevention, change, family and lifestyle are the primary wellness topics contained in a user-friendly environment. The HOOAH 4 HEALTH newsletter  http://www.h4hnewsletter.us/  has been developed and designed so any user can customize it to enhance or augment their DOD health promotion or prevention program. Just insert a tailored organization logo at the top left-hand corner. A message board is also
available on the site. All comments and contributions are welcomed. [Source: HEALTH+TFL msg 17 OCT 03]

SSA Status Change: The following changes in a beneficiary's status need to be reported as they may cause changes in the amount of monthly payment they are entitled to:

  * Disabled Person Returns To Work Or Disability Improves - If your condition improves or you go back to work you can keep receiving payments for up to 9 months while you are working. The 9 month trial work period gives you a chance to test whether or not you are able to work without worrying about having your payments stopped. If, after 9 months, you are able to continue working, you will get payments for 3 more months before they stop. If you are not able to keep working, you will continue to receive disability benefits.

  * Marriage - In some cases, Social Security payments stop after marriage. In other cases, the amount of the payments changes. This depends on the kind of benefits you or your spouse receive.

  * Divorce Or Annulment - Divorce or annulment does not necessarily mean your Social Security payments will stop. If you are receiving payments based on your own work record it will not affect your payments. Also, if you are a spouse age 62 or older and you were married to the worker for 10 years or more, your payments will continue even if you divorce. But you should still contact SSA if your name has changed so that they can show your new name on your payments.

  * Adoption Of A Child - When a child is adopted, notify SSA of the child's new name, the date of the adoption decree and the adopting parent's name and address.

  * Child Leaves The Care Of A Wife, Husband, Widow Or Widower - Anyone receiving benefits because they are caring for a child who is under age 16 or who was disabled before age 22, should notify SSA immediately if the child leaves their care. If not notified it could result in a penalty, which would cause an additional loss of benefits. A temporary separation may not affect benefits as long as you still have parental control over the child. However, notify SSA if there is any change in where you or the child lives, if you no longer have responsibility for the child or if the child returns to your care.

  * Child Nearing Age 18 Is A Full-Time Student Or Is Disabled - Payments will stop when children reaches age 18 unless they are unmarried and either disabled or full-time students at an elementary or secondary school. If a child age 18 or over is receiving payments as a student, SSA should be notified immediately if the student drops out of school; changes schools; changes from full-time to part-time attendance; is expelled or suspended; is paid by his or her employer for attending school; marries; or begins working. If a child whose payments were stopped at age 18 either becomes disabled before age 22 or is unmarried and enters elementary or secondary school on a full-time basis before age 19, notify SSA so they can resume sending payments to the child. Also, a disabled child who recovers from a disability can have payments started again if he or she becomes disabled again within 7 years.

  * Death - If a person who receives Social Security benefits dies, a benefit is not payable for the month of death. For example, if a beneficiary died any time in June, the payment dated July 3 (which is payment for June) should be returned to the sender.

  * Inability To Manage Funds - Some people who receive Social Security payments cannot manage their own funds. When this happens, the person who takes care of the beneficiary should let SSA know. They can arrange to send the payments to a relative or other person who can act on behalf of the beneficiary. This person will be designated as a "representative payee."

  * Deportation Or Removal From The U.S. - If you are deported or removed from the U.S. for certain reasons, your Social Security benefits are stopped and cannot be started again unless you are lawfully admitted to the U.S. for permanent residence. Even if you are deported or removed, your dependents can receive benefits if they are U.S. citizens. If your dependents are not U.S. citizens, they can still receive benefits if they stay in the U.S. for the entire month. But they cannot receive benefits for any month if they spend any part of it outside the U.S.

  * Changes In Parental Circumstances - Payments to a child who is not a U.S. citizen could stop or start when certain changes occur. Notify SSA when the child's natural, adoptive or stepparent dies, marries or gets a divorce (or annulment), even if that person does not receive Social Security payments.

  * Eligibility For A Pension From Work Not Covered By Social Security - If, after 1985, you become entitled to a U.S. Social Security retirement or disability benefit and you also start to receive a monthly pension, such as a foreign social security or private pension, which is based in whole or in part on work not covered by U.S. Social Security, your U.S. Social Security benefit may be smaller. A different formula may be used to figure your U.S. Social Security benefit.

[Source: http://www.ssa.gov/international  MAY 03]

AFPC Contact Center: The Air Force's contact center at the Air Force Personnel Center has changed its toll-free number to 1 (800) 616-3775. In order to provide better service a number of contact centers have been tied into the new number. The contact center is now available 24 hours a day, 7 days a week. The commercial number (210) 565-5000 and DSN number 665-5000 have not changed. Personnel who are unable to get through to an agent can e-mail their inquiries to  contact.center@randolph.af.mil and should expect an answer within a couple of days. Personnel can also log onto the Contact Centers home page available at http://www.afpc.randolph.af.mil  and review all their frequently asked questions, submit a help request directly to the contact center, or chat live with a contact center agent. The most common calls to the contact center come from members of the Air Force retiree community regarding Combat Related Special Compensation (CRSC) and the Korean War Service Medal. The staff will also answer questions and referred calls about: ID card issuing agencies; how to make changes in records; awards and decorations; and benefits and entitlements of retirees and family members. Retirees are reminded to direct their questions to the agency concerned whenever possible. For example, retirees and SBP annuitants with pay problems should call the Defense Finance and Accounting Service toll free number, 1 (800) 321-1080.  [Source: Air Force Retiree News Service http://www.afpc.randolph.af.mil/afretire/AF_Retiree_News.htm 5 NOV 03]

CRSC Update 11: The fiscal 2004 National Defense Authorization Act (NDAA) is expected to be passed by Congress this month. This is the bill that includes provisions for partial Concurrent Receipt and expanded Combat Related Special Compensation. A majority of House conferees have signed off on a compromise version of the $400.5 bill (HR 1588) and Senate conferees are expected to follow suit putting the bill on course for final passage by both chambers.

Claim Processing:

  * Army as of 24 October 2003: Applications in processed - 18,624: Approved - 1, 380. Denied -1270; Awaiting VA records - 3,224.

  * Navy/USMC as of 29 October 2003: Received (approx) - 6500; Case Builders have built - 3752; Case Officers have started - 2695. In work or pending additional records (approx) - 543; Approved - 803; Denied - 349. These numbers do not reflect the following categories:

     a. Rejected for failure to meet the preliminary criteria (eg: less than 20 years)

     b. Returned to applicants for completion (eg: no signature or missing key pages)

     c. Reconsiderations According to the US Naval Council of Personnel Board (NCPB) as a result of increasing Case Builder efficiency and decreasing volume of applications, the delay between when application are received and when the retiree initially hears from them appears to have peaked at just over 90 days. The board has seen a noticeable decrease in applications as of late August 03. It is currently building cases faster than being received; therefore the delay is slowly decreasing. As they build cases received in August 03, the board expects the delay to decrease at a faster rate.

  * USAF as of 20 October: Received - 168; Approved - 85; Disapproved - 80. The USAF has received a total of 7,801 applications: Approved - 805; and disapproved - 752. They are reviewing cases received the last week of June. Awaiting VA Medical records - 514. These cases have been through the board process, but did not have enough documentation to support the claim. On these cases they go back to the member to see if they could provide the needed documentation. After receipt of the documentation the claim is reviewed. If there is still not enough documentation to support the claim or they don't get anything from the claimant, they request the member's VA medical records. Going out for VA records is taking over 3 months in some cases.

The following are the toll free telephone numbers concerning CRSC claims.

Army 1-866-281-3254
Navy and USMC 1-877-366-2772
USAF 1-866-229-7074
USCG 1-800-772-8724
NOAA Corps and PHS (Toll free numbers are not available.)

[Source: Various 8 NOV 03]

VA Mastectomy Compensation: The Department of Veterans Affairs (VA) is broadening its coverage of special monthly compensation for women who suffer loss of breast tissue related to their military service. The new regulation replaces a policy that limited the special compensation to women veterans losing one or both breasts. The new rule liberalizes the benefit to cover those losing 25 percent or more tissue from a single breast or from both breasts in combination. It includes loss by mastectomy or partial mastectomy following radiation treatment. Payments retroactive to 1 JAN 03 may be made to eligible veterans. Women veterans with service-connected breast tissue loss who are not receiving the special monthly compensation may contact VA to find out if they are eligible under the new provisions. The current special compensation rate of $81 monthly for breast loss is in addition to the underlying disability compensation for a condition arising or worsening while in the military. In addition to breast tissue loss, special monthly compensation rates also apply when a veteran loses one or more of the senses of sight, hearing and speech, experiences loss of a reproductive organ or its use, or suffers severe injuries such as loss of limbs. Base rates of disability payments before special monthly compensation generally range from $104 to $2,193 per month for a single veteran depending on the degree of disability. The breast benefit provision was included in the Veterans Benefits Act of 2002. In enacting the provisions, President Bush and Congress recognized the physical, emotional and financial challenges women face as they return to health and acknowledged their need for increased medical attention. This rule is the latest in a series of changes that have improved VA's services to women veterans, including changes to make it easier for women to establish service-connection for gynecological and breast disorders and to provide evaluations that are more consistent.
[Source: NCOA News Update 31 OCT 03]

Tricare Reserve/Guard Buy In: Despite the opposition of the Bush administration, HR 3365 legislation has been approved by the Senate
Conference committee and subsequently the Senate, clearing it for the President's signature. This came about as an amendment to the Iraq Emergency Supplemental spending bill. The legislation allows certain guard and reserves access to Tricare for a modest premium even when they are not on active duty. The program funding covers only one year and it remains to be seen if the Defense Authorization conferees will roll up the initiative in the pending National Defense Authorization Act for FY 2004. The prospects for success dimmed by the Administration's threat of a defense bill veto if TRICARE expansion is permanently authorized.
     The conferees did not endorse an initial Senate proposal to require the government to offset a share of private health insurance premiums at the option of mobilized families even though DoD provides such coverage to its own reservist-employees in the Federal health Insurance program (FEHBP) when they are mobilized. Many Guard families have no health care coverage at all. According to a report from the General Accounting Office, 20 percent of all Guard members do not have health insurance, and 40 percent of Guard members ages 19 to 35 lack coverage. This is considerably higher than the national average for the younger age group. The one-year plan in the Iraq Supplemental allows:

  * TRICARE Buy-In: Guard and Reserve members who are unemployed or whose employers do not offer health insurance would be able to enroll themselves and their families in the military's TRICARE program on a cost-share basis. A single reservist would pay an annual premium, around 30 percent of the annual cost of providing care, amounting to about $420 annually for single reservists and $1450 annually for a reservist and his or her family.

  * TRICARE Upon Receiving Orders: All reservists and their families would be eligible to enroll in TRICARE as soon as members receive activation orders, as opposed to when they are actually activated.

  * Extended TRICARE after Demobilization: All Guard and Reserve members on active duty orders of 30 days or more can stay in TRICARE for 6 months after completion of their active duty tour (compared to the current 60 and 120 day authorizations).

  * Authorization for Additional Medical Screening: The Services are authorized to provide a full medical screening to members of the Guard and
Reserves when they receive orders that they will be activated.

[Source: EANGUS Update 29 OCT 03 & MOAA Leg UP 31 OCT 03]

D-Day Anniversary Tours: On June 6, 1944, Allied soldiers changed the course of WWII and world history when 135,000 men and 20,000 vehicles were brought onto the shores of Normandy via five landing beaches. The 60th anniversary year of this event will be in 2004. Plans for this milestone anniversary began over a year ago, when a special committee was established to coordinate and promote the events commemorating the Normandy Landings, the Battle of Normandy and the action of the Resistance. At  http://www.normandiememoire.com  can be found specific information on the Battle of Normandy and scheduled events. Interactive maps make it easier to understand the events of June 6, 1944. You can follow the advance of Allied divisions as they worked their way inland. Sections devoted to the Atlantic Wall, Allied preparations, studies of the beaches, major battle phases, and a detailed chronology have all been designed to help visitors learn more about the Battle of Normandy. You can also access a calendar of 2004 ceremonies and commemorations via a search engine that is updated regularly.
     If you are considering visiting this historic area, make sure your plans include a visit to the Caen Memorial and guided tours of the D-Day Landing Beaches. A one-day pass allows you to experience both the Memorial and the Landing Beaches with the added benefit of a knowledgeable guide to bring the story of D-Day to life at each point along the way. Reduced fare passes are available for WWII veterans.
[Source: MOAA Member Services Update OCT 03]

Retirement Household Shipments: When you retire you have one year to execute your household (H/H) goods move under your retirement orders. Unlike End of Tour of Service (ETS) orders where the government only pays up to your "Home of Record"s' distance, you get to move anywhere in the country inclusive of Alaska and Hawaii that you choose as your "Home of Selection".

H/H Move After One Year.

If you plan to move after one year you need to visit or write the Personal Property/Household Goods Office responsible for your shipment and request an extension. You normally can request to extend your move authorization for an additional year if you have a reasonable reason for the delay. Examples would be you or a family member needs to finish an educational program or that there was some other personal or family hardship that made moving impractical. A problem may arise if the Personal Property Office will not give you a one-year extension or you want more time. It is possible that the one-year move period can be extended in some worthy cases to at least three years. Each person's case is different so there is no guarantee. If denied you can attempt to get the Board for Correction of Naval Records (BCNR) to direct the Navy to extend an expired retirement move.

Board for Correction Petition.

To initiate a request you must obtain the required DD Form 149 for the BCNR application and filing information. At
www.uscg.mil/hq/reserve/forms/dd149.pdf this can downloaded. All services use the same form and the form has all the branches of service's mailing addresses on it. Include a copy of your retirement orders and your DD 214. When filling out the DD Form 149, do not feeling restricted by the small blocks on the form. If needed, note on the form to see the continuation sheet for further information so you can tell your complete story. Explain why you have not already moved. BCNR needs to see some sort of "extenuating circumstances" in order for them to decide in you favor. Some possible items to consider, and this includes not just you but your household, that caused you to delay moving: your education, children's education, illnesses, not being able to find a suitable job until now in another area, deaths, major accidents, acts of God, or any other thing that you can think of that effected you decision not to move. Explain also what has made it more practical or valuable for you to move now or in the near future.To initiate a request you must obtain the required DD Form 149 for the BCNR application and filing information. At http://www.uscg.mil/hq/reserve/forms/dd149.pdf  this can downloaded. All services use the same form and the form has all the branches of service's mailing addresses on it. Include a copy of your retirement orders and your DD 214. When filling out the DD Form 149, do not feeling restricted by the small blocks on the form. If needed, note on the form to see the continuation sheet for further information so you can tell your complete story. Explain why you have not already moved. BCNR needs to see some sort of "extenuating circumstances" in order for them to decide in you favor. Some possible items to consider, and this includes not just you but your household, that caused you to delay moving: your education, children's education, illnesses, not being able to find a suitable job until now in another area, deaths, major accidents, acts of God, or any other thing that you can think of that effected you decision not to move. Explain also what has made it more practical or valuable for you to move now or in the near future.

Make sure that you specify in your BCNR petition that you are seeking not only to have the government extend you household goods shipment but the related travel reimbursements for you and your family under the Joint Travel Regulations. You and your family members get mileage and per diem for your move. If you have moved on your own because your one-year retirement move had expired, you can still file a BCNR petition. You have nothing to lose, except doing the BCNR petition up, and several thousand dollars of possible gain. If approved you will be reimbursed your moving costs up to what the government would have paid to do it.
[Source: CDR Wayne Johnson, JAGC (Ret) hisjagness@hotmail.com  msg. dtd 25 OCT 03]

DD-214 Privacy [Texas]: For years it has been recommended that veterans record their DD-214 at their local courthouse for future retrieval when needed. However, in many states if this is done the information contained therein become public record and can be obtained by others who are involved in "Identify Theft". Texas has taken steps to ensure the privacy of the information. House Bill 545, which pertains to Military Discharge Records, was passed and became law effective 1 SEP 03. With the passage of this bill the following now applies to the recording of military discharges in a Texas County Courthouse:

(1) Provides that the DD214 is confidential for the 75 years following the date it was recorded with or would otherwise first come into the possession of a governmental body. Authorizes the governmental body, during that period, to permit inspection or copying of the record or disclose information contained in the record only in accordance with this section or in accordance with a court order.

(2) Sets forth the persons authorized to inspect the military discharge record or to obtain from the governmental body free of charge a copy or certified copy of the record, on request and the presentation of proper identification.

(3) Requires a court that orders the release of information under this section to limit the further disclosure of the information and to limit the purposes for which the information is authorized to be used.

(4) Requires a governmental body that obtains information from the record to limit the governmental body's use and disclosure of the information to the purpose for which the information was obtained.

The following pertains to military discharge records recorded with a Texas county clerk before 1 SEP 03:

(1) Authorizes the veteran who is the subject of the record, or the legal guardian of the veteran, to direct, in writing, that the county clerk destroy all copies of the record that the county clerk makes readily available to the public for purposes of Section 191.006 (Public Access to Records), Government Code. This includes paper copies of the record in the county courthouse or a courthouse annex, microfilm or microfiche copies of the record in the county courthouse or a courthouse annex, and electronic copies of the record that are available to the public. Requires the county clerk to comply with the destruction direction within 15 business days after the date the direction is received. Provides that the county clerk's compliance does not violate any law of Texas relating to the preservation, destruction, or alienation of public records. Prohibits the direction to destroy the copies of the record, the county court's compliance, and any delay between the time the direction is made and the time the county clerk destroys the copies from being used to limit or restrict the public's access to the real property records of the county.

(2) Provides that a county clerk who receives a request under Chapter 552 (Public Information), Government Code, for inspection or duplication of a military discharge record recorded before September 1, 2003, is only required to search for the record in places where, or media in which, the county clerk makes records readily available to the public for purposes of Section 191.006 (Public Access to Records), Government Code. Provides that this subdivision does not apply to a request made by the veteran who is the subject of the military discharge record or the legal guardian of the veteran.

     For further information, contact the nearest County Veterans Service Office or the Texas Veterans Commission office, http://www.tvc.state.tx.us  or contact the Veterans HOTLINE at 1-800-252-VETS (8387).

     Detailed information on this and other bills can be found at  http://www.capitol.state.tx.us If your state does not have similar legislation on the books you can contact your state representative and request he/she submit a bill such as the above to prevent unauthorized disclosure of your DD-214 information.  [Source: MSC Newsletter NOV 03]

Military Lodging [Navy Lodges]: Most of the 41 Navy Lodges located around the world have business-class rooms, which offer amenities including queen-sized bed, sofa, a desk with a computer hookup and task lighting. Free local and toll calls, coffee and newspapers as well as on-base parking are also available. All Navy Lodge rooms are air conditioned, have cable TV with HBO, a video cassette player, direct-dial telephone service and a kitchenette complete with microwave and utensils. Housekeeping service, vending machines, video rental service and guest laundry facilities, as well as handicapped accessible and nonsmoking rooms are also available. Navy Lodges' long distance telephone rates will decrease from $.50 per minute to $.10 per minute on 1 NOV. Reservations are accepted on an as-received basis without regard to rank, rate or time of reservation. Call 1-800-NAVY-INN or visit  http://www.navy-lodge.com  [Source: Armed Forces News 31 OCT 03]

Veterans’ Day [History]: In 1918, on the eleventh hour of the eleventh day in the eleventh month, the world rejoiced and celebrated. After four years of bitter war, the Allied powers signed a cease-fire agreement (an armistice) with Germany at Rethondes, France on November 11, 1918, bringing World War I to a close. The "war to end all wars" was over. November 11, 1919 was set aside as Armistice Day in the United States, to remember the sacrifices that men and women made during World War I in order to ensure a lasting peace. On Armistice Day, soldiers who survived the war marched in a parade through their home- towns. Politicians and veteran officers gave speeches and held ceremonies of thanks for the peace they had won.
     Armistice Day officially received its name in the United States in 1926 through a Congressional resolution. It became a national holiday 12 years later. Congress voted Armistice Day a federal holiday in 1938, 20 years after the war ended. But Americans realized that the previous war would not be the last one. World War II began the following year and nations great and small again participated in a bloody struggle. After the Second World War, Armistice Day continued to be observed on November 11. In 1953 townspeople in Emporia, Kansas called the holiday Veterans' Day in gratitude to the veterans in their town. Soon after, Congress passed a bill introduced by a Kansas congressman renaming the federal holiday to Veterans' Day. Beginning in 1954, the United States designated November 11 as Veterans Day to honor veterans of all U.S. wars. 1971 President Nixon declared it a federal holiday on the second Monday in November. Americans still give thanks for peace on Veterans' Day. There are ceremonies and speeches and at 11:00 in the morning, most Americans observe a moment of silence, remembering those who fought for peace.
     After the U.S. involvement in the Vietnam War, the emphasis on holiday activities shifted. There are fewer military parades and ceremonies. Veterans gather at the Vietnam Veterans Memorial in Washington, D.C. to place gifts and stand quiet vigil at the names of their friends and relatives who fell in the Vietnam War. Families who have lost sons and daughters in wars turn their thoughts more toward peace and the avoidance of future wars. Veterans of military service have organized support groups such as the American Legion and Veterans of Foreign Wars. On Veterans' Day and Memorial Day, these groups raise funds for their charitable activities by selling paper poppies made by disabled veterans. This bright red wildflower became a symbol of World War I after a bloody battle in a field of poppies called Flanders Field in Belgium. For more history on Veterans' Day visit  http://www.appc1.va.gov/vetsday/page.cfm?pg=3 [Source: NAUS Leg Up 6 NOV 03]

CR Update 21: Technically speaking, the discharge petition is still alive, because H.R. 303 has not been enacted as law. Both will expire with the close of the 108th Congress (late 2004). Realistically speaking, however, most legislators will consider this legislation as satisfying concurrent receipt interests for this year. Legislators who were working to help disabled veterans have told the veteran community that the present compromise is, in essence, the best they can do this year. Congress is seldom willing to fund a big-ticket benefit change all at once. This is a deal that will let hundreds of thousands of seriously disabled retirees stop forfeiting $2 billion a year from their paychecks. It is a step forward that makes future progress easier to obtain to get the lower-rated, non-combat disabled retirees covered under concurrent receipt. The more people covered under concurrent receipt, the lower the cost of fixing the problem for the rest. The compromise legislation leaves out 308,291 former disabled career military persons who have disability ratings ranging from 10% to 40%. Also not covered are the estimated 194,000 veterans who did not complete 20 years of service but are drawing military disability retired pay, which is offset by Veterans' Disability Tax. Veterans need to continue to press their legislators in the next Congress to eliminate completely this tax through additional legislation. You can download the complete 2003 Proposed Provisions for Concurrent Receipt and Expanded Combat Related Special Compensation at http://www.moaa.org/Legislative/Retirement/ (Note: Enter into Search as one complete entry: 2003 Proposed Provisions for Concurrent Receipt and Expanded Combat Related Special Compensation)

The following additional clarifications have been promulgated that were not included in CR Update 20: (See RAO Bulletin 20 Oct 03 below.)

  * TERA. Temporary Early Retirement Authority (TERA) retirees are eligible for CR.

  * Chapter 61 Retirees. Chapter 61 retirees (those retired from active duty for medical reasons) who are also eligible for longevity retirement (20 years or more for retirement purposes) will be eligible. Chapter 61 retirees with less than 20 years of service are not eligible for the compromise reached in this legislation.

  * Application. Disabled retirees eligible for concurrent receipt do not need to apply. DFAS will automatically identify you and increase your retired pay appropriately by adding the payments to your retired pay. If you do not currently receive a retired paycheck, you will begin getting one.

  * Election of CR or CRCS. Retirees eligible for both programs will be able to make an election between the two programs, depending on which one is more advantageous. The election can be changed each year. The procedures for this election have not yet been developed.

  * Taxes. Concurrent Receipt is the restoration of retired pay, and thus will be subject to the same tax provisions as your current retired pay.

  * Payment Start Date. Concurrent receipt payments should be effective with January 2004 retired paychecks, paid Feb. 1, 2004. If DFAS is not mechanically prepared to issue checks (a process that should be completed by January at the earliest and June at the latest), then concurrent receipt will be paid retroactive to that date.

  * Offsets. All offsets to retired pay inclusive of amounts received for Individual Unemployable [TIDU], Dependent Compensation, and added special compensation will be eliminated. Disabled veterans will continue to draw these additional amounts without any reduction in their earned retired pay by the end of the 10 year phase in period.

  * SCSD. Special Compensation for Severely Disabled payments will be repealed as of January 1, since the first increment of concurrent receipt will be bigger than SCSD for all recipients. SCSD was paid to retirees with at least 20 years of Regular service who incurred VA disability ratings of 60% or higher within 4 years after retiring. Payments ranged from $325 for 100% rated down to $50 for 60% rating.

[Source: Various OCT 03]

CRSC Update 10: DOD has released a revised CRSC application (DD FORM 2860 TEST (V2) dated September 2003) to replace the May 2003 test edition, which is obsolete. The new form is available from the NAUS website:  http://www.naus.org  The new form should be used only for those who have not yet submitted their CRSC claim under the initial CSRC program. The 2003 Concurrent Receipt Compromise legislation has brought a major expansion to the program that will go in to effect 1 JAN 04. Rules, which limited eligibility to disabilities associated with a Purple Heart and combat- or operations-related disabilities of 60-100% will be expanded to include all such disabilities from 10-100%, regardless of Purple Heart status. Additional elements of the expanded program are:

   * Temporary Early Retirement Authority (TERA) retirees are not eligible.

  * Chapter 61 retirees who are also eligible for longevity retirement (20 years or more for retirement purposes) will be eligible. However, their CRSC entitlement will be calculated as if they had received a non-disability retirement. They will not be reimbursed to the level of their service-awarded disability retirement.

   * CRSC eligible disabled retirees will receive compensation in accordance with CRSC guidelines, which are yet to be promulgated. CRSC is not restored retired pay, and as a special compensation is not subject to taxation.

   * Disabled retirees eligible for CRSC under the expanded program will need to submit an application to their military service. DoD will most likely not establish procedures for 10-40% disabled retirees to apply for CRSC until this provision is signed into law. The program for these retirees goes into effect January 1, 2004.

   * CRSC payments for 10-40% disabled retirees will begin once the application is approved, and will be paid retroactively to January 1, 2004 or the date the disability was awarded, whichever is later.

   * If your CRSC qualifying disability triggers your Individual Unemployability [TIDU], Special Monthly Compensation, or Dependent Compensation eligibility, then these will be paid. If other non-CRSC qualifying disabilities trigger your Unemployability, Special Monthly Compensation, or Dependent Compensation eligibility, then these will not be paid.

   * Retirees eligible for both CR & CRSC programs will be able to make a yearly election (during an open season) based on which option is more beneficial to them. DoD will need to announce the procedures for both the expanded CRSC program and the open season.

   * Pending CRSC claims will be processed as usual and will continue to be paid retroactive to June 1, 2003. DoD has not yet announced how the open season option will interact with current CRSC claims.

[Source: Various OCT 03]

COLA 2004: The Bureau of Labor Statistics today released September's inflation data, which finalizes the 2004 cost of living adjustment (COLA) for military retired pay and other federal annuities. The 2004 COLA will be 2.1 percent for military and federal retired pay, VA disability compensation, SBP survivor annuities, Social Security, and other federal programs. The COLA for these programs will be effective 1 DEC 03, and will be reflected in checks issues on 2 JAN 04.
     In general, the COLA is equal to the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from the third quarter of one year to the third quarter of the next. For the December 2003 COLA, the Bureau of Labor Statistics measures the increase in the average CPI-W from the third calendar quarter of 2002 to the third quarter of 2003. These averages are 176.6 and 180.3 for the third calendar quarters of 2002 and 2003, respectively, and are derived from monthly CPI-Ws developed by the Bureau of Labor Statistics. For more information visit: http://stats.bls.gov [Source: Various 18 OCT 03]

Veterans Party Launched: Tired of not having their voices heard by members of Congress and broken promises from the administration, Florida veterans have banded together and formed their own political party. Veterans have officially launched the Veteran's Party of Florida (VPF) which was officially approved by the Florida Board of Elections on 28 AUG 03. Florida has the second largest population of veterans in the country, so the VPF has grown rapidly into a political voice/force to be reckoned with. Additional information concerning this movement can be obtained from Thom Mathey, State Secretary and Bay county's coordinator for the veterans Party at (850) 636-3347 or  tmathey@arinc.com  Since the VPF formed in late August, six other states have formed Veterans Parties - Kansas, Utah, Washington State, Indiana, Texas, and West Virginia. All of these states are officially registered. There are also approximately 16 other states in the stages of forming.
     A party web site http://www.veteransparty.us  has been established that includes the party platform and links all the states. Here you can find the status of each state's progress and an email for the point of contact in each state. [Source: VPF Press Release OCT 03]

Veterans Day Free Meals: Veteran's Day began at 11:00 a.m., November 11, 1918 (the 11th hour of the 11th day of the 11th month) as Armistice Day, the universal recognition to the celebrated ending of World War I fighting. After World War II and the Korean War, Congress requested Armistice Day be changed to honor those who have served the United States in ALL wars, conflicts and during the course of duty. In 1954, President Eisenhower signed a bill proclaiming November 11 as Veterans Day.
     In a show of thanks to our nation's veterans, Bill McCormick and Doug Schmick has offered to serve veterans for a change this year at their McCormick & Schmick's family of fresh seafood restaurants in a recognition of veterans courage and spirit. All veterans can receive a free lunch or dinner on Veteran's Day from specially selected menu items with proper identification (veterans ID, discharge papers, DD214). This restaurant chain is located in 19 states and nearly 30 cities nationwide. You can check  http://www.mccormickandschmicks.com/index.cfm  or your phone book to see if one is located in your area. Walk-ins are acceptable but reservations are encouraged.
[Source: Class Act Group, Inc. - National Release 22 OCT 03]

Golden Corral Restaurants on Monday November 10th from 5 - 9 PM. is once again offering all veterans[i.e. retirees, active duty, Reserves and National Guard] of the U.S. military a free "Thank-You Dinner Buffet and Beverage" during their third annual Military Appreciation Night. The chain is located in 39 states and has over 400 restaurants. The offer is based on the honor system - no identification is required. An integral part of Military Appreciation Night is the Disabled American Veterans organization, the official voice of America's service-connected disabled veterans. The DAV, which represents all of America's 2.3 million disabled veterans, their families and survivors, will have members at the event in all restaurant locations throughout the nation to distribute literature, sign up new members and volunteers, and accept donations in support of the DAV. At last year's Military Appreciation Night an estimated 252,000 veterans enjoyed free dinners. To locate the nearest Golden Corral Restaurant go to your phone book or  http://www.goldencorralrest.com for the address and phone number.
[Source: American Military Retirees Assn msg. 26 OCT 03]

APO ZIPS for Iraq: The U.S. Military Postal Service has assigned new geographic zip codes for units and personnel serving in Iraq. The intent of the new zip codes is to decrease the time it takes for service members and civilian employees to receive their mail, officials said, as well as to improve postal service throughout Iraq. Family members and friends of service members and civilians assigned to V Corps and 3rd COSCOM units that currently use zip code 09302 and 09372 for their letters and packages are now required to use a new zip code that reflects the unit and individual's actual geographic location within Iraq. The new geographic zip codes are as follows:

09333 - Al Asad
09332 - Babylon (MND CS)
09391 - Balad (LSA Anaconda)
09335 - BIAP
09334 - Mosul (LSA Diamondback)
09331 - Tallil (LSA Adder)
09393 - Tikrit (FLB Sycamore)
09375 - Umm Qasr (Camp Bucca)
09390 - Rasheed
09342 - Victory Base
09344 - Camp Dogwood

Mail with the zip code of 09302 and 09372 will continue to be delivered to the intended recipient even after the change is in effect, officials said, however they warned there may be a slight delay in delivery. For service members assigned to the below listed units, the zip code numbers will not change, and they remain as follows:

09325 - 101st Airborne Division (Air Assault)
09324 - 1st Armor Division
09323 - 4th Infantry Division
09320 - 3rd ACR
09322 - 2nd LCR
09347 - 173rd Airborne Brigade
09394, 09384, 09368 - 82nd Airborne Division

[ Source: Milton Bell msg. 16 OCT 03 & http://www4.army.mil/ocpa/read.php?story_id_key=5316 ]

Medicare Rates 2004: The Department of Health and Human Services (HHS) announced the Medicare premium, deductible and coinsurance amounts to be paid by Medicare beneficiaries in 2004:

  * Medicare Part A - The deductible paid by the beneficiary will be $876 in 2004, an increase of $36 from this year's $840 deductible. Part A pays for inpatient hospital, skilled nursing facility, and some home health care. The Part A deductible applies only to those enrolled in the original fee-for-service Medicare program. Those who enroll in private Medicare+Choice plans may not be affected by the Part A increase, and may receive additional benefits with different cost-sharing arrangements. The Part A deductible is the beneficiary's only cost for up to 60 days of Medicare-covered inpatient hospital care. However, for extended Medicare-covered hospital stays, beneficiaries must pay an additional $219 per day for days 61 through 90 in 2004, and $438 per day for hospital stays beyond the 90th day in a benefit period. For 2003, per day payment for days 61 through 90 was $210 and $420 for beyond 90 days. Most Medicare beneficiaries do not pay a premium for Part A services since they have 40 quarters of Medicare-covered employment. However, seniors and certain persons under age 65 with disabilities who have fewer than 30 quarters of coverage may obtain Part A coverage by paying a monthly premium set according to a formula in the Medicare statute at $343 for 2004, an increase of $27 from 2003. In addition, seniors with 30 to 39 quarters of coverage, and certain disabled persons with 30 or more quarters of coverage, are entitled to pay a reduced premium of $189.

  * Skilled Nursing Facilities - The daily co-insurance paid by beneficiaries for days 21 through 100 will be $109.50 in 2004, compared to $105 in 2003.

  * Medicare Part B - The monthly premium paid by beneficiaries enrolled in Part B, which covers physician services, outpatient hospital services, certain home health services, durable medical equipment and other items, will be $66.60, an increase of 13.5 percent or $7.90 over the $58.70 premium for 2003. Most Medicare beneficiaries enrolled in Part B pay the monthly premium. About 95 percent of Medicare's 41.7 million beneficiaries are enrolled in the optional Part B, which helps pay for physician services, hospital outpatient care, durable medical equipment and other services, including some home health care. Nearly 90 percent also have some form of supplemental coverage (such as Medigap, Medicaid, or Medicare+Choice) to help reduce out-of-pocket medical costs.

     Medicare deductibles and premiums are updated annually in accordance with formulas set by law. The Part B premium is required to be the amount needed to cover 25 percent of estimated program costs for enrollees aged 65 and older. General revenue tax dollars cover the other 75 percent of the costs. The same statute prescribes the method for computing the Part A inpatient hospital deductible. States have programs that pay some or all of beneficiaries' premiums and coinsurance for certain people who have Medicare and a low income. Information is available at 1-800-MEDICARE (1-800-633-4227) and, for hearing and speech impaired, at TTY/TDD: 1-877-486-2048.
[Source: CMS Public Affairs Office News Release 16 OCT 03]

Tricare Contact Data (Regional): Below are the Tricare regions, the areas they represent and contact information for the support contractor that administers each region:

   * Region 1 (Northeast): Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, northern Virginia and northeastern West Virginia   
Sierra Military Health Services, (888) 999-5195 http://www.sierramilitary.com or  http://tricarene.army.mil

   * Region 2 (Mid-Atlantic): North Carolina and most of Virginia    
Humana Military Healthcare Services, (800) 931-9501 http://www.humana-military.com/region2/home.htm or  http://www.tma.med.navy.mil

   * Region 3 (Southeast): Florida (excluding panhandle), Georgia, South Carolina    
Humana Military Healthcare Services, (800) 444-5445 http://www.humanamilitary.com/region34/home.htm or  http://tricare3.amedd.army.mil

   * Region 4 (Gulf South): Alabama, Florida panhandle, eastern Louisiana, Mississippi and Tennessee Humana Military Healthcare Services, (800) 444-5445 http://www.humanamilitary.com/region34/home.htm or  http://hsriv.keesler.af.mil

   * Region 5 (Heartland): Illinois, Indiana, Kentucky, Michigan, Ohio, most of West Virginia, Wisconsin, the St. Louis area of Missouri, the Fort Campbell area of Tennessee and the Rock Island Arsenal area of Iowa   
Humana Military Healthcare Services, (800) 941-4501 http://www.humanamilitary.com/region5/home.htm or  http://dodr5www.wpafb.af.mil/welcome.htm

   * Region 6 (Southwest): Arkansas, Oklahoma, western two-thirds of Louisiana and most of Texas  
Health Net Federal Services, (800) 406-2832 http://www.healthnetfederalservices.com or  http://www.tricaresw.af.mil

   * Region 7 and 8 (Central): Arizona (excluding Yuma), Colorado, Idaho (excluding northern Idaho), Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, western Texas, Utah and Wyoming   
TriWest Healthcare Alliance Inc., (888) 874-9378 http://www.triwest.com or  http://www.tricarecr.carson.army.mil/leadagent.htm

   * Region 9 (Southern California): Southern California and Yuma, Arizona.    
Health Net Federal Services Inc., (800) 242-6788 http://www.healthnetfederalservices.com or  http://www.reg9.med.navy.mil

   * Region 10 (Golden Gate): Northern California.  
Health Net Federal Services, (800) 242-6788
http://www.healthnetfederalservices.com or  http://www.tricareregion10.org

   * Region 11 (Northwest): Northern Idaho, Oregon and Washington.   
Health Net Federal Services, (800) 404-2042
http://www.healthnetfederalservices.com or  http://tricarenw.mamc.amedd.army.mil

   * Tricare Pacific (Hawaii): Hawaii    
Health Net Federal Services, (800) 242-6788    http://www.healthnetfederalservices.com or  http://tricare-pac.tamc.amedd.army.mil

   * Tricare Pacific (Westpac): Guam, Japan, Korea  (888) 777-8343   http://tricare-pac.tamc.amedd.army.mil/

   * Tricare Alaska: Alaska    
Health Net Federal Services (800) 242-6788    http://www.healthnetfederalservices.com or  http://tricarenw.mamc.amedd.army.mil

   * Tricare Europe: Belgium, Germany, Greece, Iceland, Italy, Portugal, Spain, Turkey and the United Kingdom.
(888) 777-8343  http://www.europe.tricare.osd.mil

   * Tricare Latin America & Canada: Latin America and Canada.
(888) 777-834 3 http://tricare15.army.mil/indexReg15.htm

   * Tricare Puerto Rico & Virgin Islands: Puerto Rico and the Virgin Islands.
(888) 777-8343  http://tricare15.army.mil/indexReg15.htm

[Updated: SEP 03]

CR Update 20: A Step Forward - In a meeting 16 October at the Office of the House Majority Whip, Rep. Roy Blunt (R-MO), representatives from military associations received a briefing on the concurrent receipt provisions in the conference report on the FY04 NDAA. Also attending the meeting were Rep. Duncan Hunter, Chairman, House Armed Services Committee, Rep. Christopher Smith (R-NJ), Chairman, House Committee on Veterans Affairs, and Rep. Michael Bilirakis (R-FL). Rep, Bilirakis, the House Champion of CCR for the past 18-years, commented that they would continue to build on the below provisions to which both the White House and the Senate have agreed. Rep. Blunt said the $22.13 billion cost would be paid by mandatory (entitlement) spending and not by DOD funds.

(1.) Phase-In of Full CR for 50% and above. - Retirement-qualified members of the uniformed services who are eligible for VA disability compensation based on a service-connected disability rated 50 percent or higher to receive full VA disability compensation without a reduction in retired pay during the eleventh year after a ten-year transition program. In the case of a member who receives a disability retirement, retired pay to be reduced, but only to the extent that the member's retired pay exceeds the amount of retired pay to which the member would have been entitled based solely on the member's years of service.

(2.) Benefits During Calendar Year 2004 - The provision would provide the following amounts to disabled retirees effective January 1, 2004:
Members with a disability rated as total would receive $750 per month.
Members rated 90 percent disabled would receive $500 per month.
Members rated 80 percent disabled would receive $350 per month.
Members rated 70 percent disabled would receive $250 per month.
Members rated 60 percent disabled would receive $125 per month.
Members rated 50 percent disabled would receive $100 per month.

(3.) Transition During Calendar Years 2005-2013 - The provision would reduce for each retiree the difference between the amount of retired pay received the previous year and full concurrent receipt by 10 percent during 2005, 20 percent during fiscal year 2006, 30 percent during 2007, 40 percent during 2008, 50 percent during fiscal year 2009, 60 percent during 2010, 70 percent during 2011, 80 percent during 2012, and 90 percent during 2013, respectively. During calendar year 2014, all retirees with a service-connected disability rating of 50 percent or higher would receive their entire retired pay and VA disability compensation.

(4.) Coordination of Benefits - Uniformed services retirees may not be paid both Combat-Related Special Compensation authorized in section 1413a of title 10, United States Code and benefits under this provision. Retirees who qualify for both programs would be given the option to choose the program that provides the greatest benefits.

(5.) Revisions to CRSC Program - Coverage under CRSC would be extended to all retirees with combat related disabilities, regardless of the level of disability rating. Coverage will include service-members who are retired from a reserve component with 20-years of service regardless of their rating level.

(6.) Establishment of a Commission - A 13 member Commission will be established to review the current VA disability system and make recommendations to ensure the system adequately compensates veterans for disabilities that may be incurred as a result of service and to determine what should be done with regard to longevity retirees rated less than 50% disabled.

(7.) Effective Date - The provisions of the legislation would be effective January 1, 2004.

     While this proposal provides progress on the elimination of the Veterans Disability Tax it should be remembered that it not only fails to cover more than 300,000 disabled veterans, it also fails to end the tax fully for 10 years for those who are covered. Continued pressure on our legislators in the congress will be necessary to achieve this goal. [Source: Various 18 OCT 03]

Disabled Vets Sought To Testify: VA Secretary Anthony J. Principi is looking for veterans who have a 100% disability, and are willing to testify that they have waited more than 30 days for medical appointments. If you know of any veterans who meet this requirement you or they are requested notify the below as soon as possible with the following information concerning the veteran.

   * Name:
   * Veterans' Claim Number:
   * Address:
   * The identification of the VA Medical Facility and Clinic:
   * The date action was initiated to get an appointment:
   * The date of the appointment:
   * Any other information concerning difficulty in getting an appointment within 30-days.

Notification Point of Contact:

   * Paul Spera: Region 1 Veterans Liaison to the Secretary Department of Veterans Affairs Office of Intergovernmental Affairs, VA Medical Center, Bldg 2, Rm 106 830, Chalkstone Ave., Providence RI 02980 Tel: (401) 273-7100 ext-2154 (voice) or (401) 965-9885 (cell) or (401) 525-2526 (fax)  paul.spera@med.va.gov

   * Butch Miller: Region 2 Veterans Liaison to the Secretary Department of Veterans Affairs Office of Intergovernmental Affairs, Indianapolis VA Medical Center, 1481 West 10th St., Indianapolis IN 46202 Tel: (317) 554-0000 ext. 4077 (voice) or (317) 319-6972 (cell) or (317) 554-0594 (fax)  butch.miller@mail.va.gov

   * Bruce Nitsche: Region 3 Veterans Liaison to the Secretary Department of Veterans Affairs Office of Intergovernmental Affairs, 3033 Winkler Extension, Room 747, Fort Myers FL 33916 Tel: (239) 931-6135 (voice) or (239) 851-0057 (cell) or (239) 931-6136 (fax)  bruce.nitsche@mail.va.gov

   * Jon Schneider: Region 4 Veterans Liaison to the Secretary Department of Veterans Affairs Office of Intergovernmental Affairs, VARO, Room 965, ATTN Director's Office, 210 Walnut St. , Des Moines IA 50309 Tel: (515) 323-7506 (voice) or (515) 707-1221 (cell ) or (515) 323-7412 (fax)  jon.schneider@mail.va.gov

   * William Bishop: Region 5 Veterans Liaison to the Secretary Department of Veterans Affairs Office of Intergovernmental Affairs, Anchorage VAM&NOC, 2925 De Barr Road, Ste 3351, Anchorage AK 99508 Tel: (907) 257-4992 (voice) or (206) 604-7795 (cell ) or (907) 257-4993 (fax)  william.bishhop@mail.va.gov

   * Jay Vargas: Region 6 Veterans Liaison to the Secretary Department of Veterans Affairs Office of Intergovernmental Affairs, VARO, 8810 Rio San Diego Dr., Ste 4415, San Diego CA 92108 Tel: (619) 400-5405 (voice) or (858) 232-8743 (cell) or (619) 400-5417 (fax)  jay.vargas@mail.va.gov

[Source: NAUS Update 10 OCT 03]

Air Force Expeditionary Service Ribbon: Air Force secretary James G. Roche has approved award of the Air Force Expeditionary Service Ribbon to recognize members' support of air expeditionary force deployments. The ribbon will be awarded to active-duty, Reserve and Guard members who completed a contingency deployment after Oct. 1, 1999. Deployed status is defined as either deployment on contingency, exercise, deployment orders or members sourced in direct support (in theater or out) of expeditionary operations with an overnight stay away from home station. To qualify, individuals must have deployed for 45 consecutive days or 90 nonconsecutive days. There is no time limit to accumulate the 90 nonconsecutive days. Any contingency deployment qualifies regardless of the duty, destination or location of the temporary duty, including those within the continental United States.
[Source: Armed Forces News 3 OCT 03]

Blood Pressure Guidelines: The National Heart, Lung, and Blood Institute (NHLBI) has released new clinical practice guidelines for preventing, detecting, and treating hypertension (high blood pressure). The guidelines feature modified blood pressure categories, including a new “prehypertension” level that covers about 22% of American adults (about 45 million persons). High blood pressure is a major risk factor for heart disease; is the chief risk factor for stroke and heart failure; and can lead to kidney damage. It affects about 50 million Americans - one in four adults. Treatment aims for blood pressure to be less than 140 mm Hg systolic and less than 90 mm Hg diastolic for most people with hypertension (less than 130 systolic and less than 80 diastolic for those with diabetes and chronic kidney disease). Key aspects of the new guidelines include:

   * In persons older than 50 years, systolic pressure above 140 mm Hg is a much more important cardiovascular risk factor than diastolic pressure.

   * The risk of cardiovascular disease, beginning at 115/75 mm Hg, doubles with each increment of 20/10 mm Hg.

   * Individuals who are normal at 55 years of age have a 90% lifetime risk for developing hypertension.

   * Individuals with a systolic pressure of 120 to 139 mm Hg or a diastolic pressure of 80 to 89 mm Hg should be considered prehypertensive and make health-promoting lifestyle modifications to prevent cardiovascular disease.

   * For most patients with uncomplicated hypertension, thiazide-type diuretics should be used, either alone or combined with drugs from other classes. Certain high-risk conditions are compelling indications for the initial use of other antihypertensive drug classes (angiotensin-converting enzyme inhibitors, angiotensin-receptor blockers, beta-blockers, calcium channel blockers).

   * Most patients with hypertension will require two or more antihypertensive medications to achieve goal blood pressure.

   * For blood pressure more than 20/10 mm Hg above goal pressure, consideration should be given to initiating therapy with two agents, one of which usually should be a thiazide-type diuretic. *Optimal therapy requires a high degree of patient motivation.

The NHLBI Web site  http://www.nhlbi.nih.gov/hbp/  has considerable information, including a free consumer booklet (Your Guide to Lowering Blood Pressure) and a PDF copy of the full report.
[Source: Consumer Health Digest #03-20, May 20, 2003]

Feres Doctrine Petition: Feres refers to the name of a court decision handed down by the United States Supreme Court in 1950 which held that soldiers who were serving in the armed forces could not sue the United States for injuries received while on active duty. The opinion actually covers three different factual situations:

(1) In the Feres case itself, the soldier had burned to death in a barracks fire started by a defective heating plant;

(2) In the companion case of Griggs v. United States, the soldier was alleged to have died from medical malpractice by army surgeons;

(3) In the case of Jefferson v. United States, the plaintiff, while on active duty in the army, had undergone an operation on his abdomen. Eight months later, after being discharged, he had to undergo another operation due to recurring pain in his abdomen. After opening him up, the surgeons pulled out a towel, 18 inches wide by 30 inches long, that had stenciled on it: "Medical Department U. S. Army"!

     Interpreting the Federal Tort Claims Act, the Court concluded that Congress had not intended for the government to be liable to members of the armed forces when it provided for liability "…in the same manner and to the same extent as a private individual under like circumstances . . . " because the relationship between the government and its soldiers had no counterpart in private relations between individuals.Ever since, this rule of non-liability has been referred to as "the Feres doctrine.". In the interim, by case law developed in the lower federal courts, the Federal Tort Claims Act has been interpreted to allow federal prisoners to sue the United States for medical malpractice in prison hospitals. Thus, our country accords greater rights to common criminals than it does to members of its armed forces. The dangers of the Feres Doctrine has been presented to the United States Congress via

(1) The Rockefeller Senate VA Report of December 1994, recognizing the doctrine does allow uninformed consent for human experimentation of Americans;

(2) The Cox Commission Report on the 50th Anniversary of the UCMJ, recognizing non-legitimate military decisions are violating the constitutional rights of Americans to redress wrongful acts and omission in the military command, legal and medical systems;

(3) VERPA’s Official Statement for the Record, re October 8, 2002, Senate Judiciary Hearings on the Feres Doctrine, providing substantial claims from independent veterans' organizations and individuals asserting human and constitutional rights abuses with the DOD and VA.

     Congress has been requested many times to amend the statute to provide for liability, but has always refused to do so. Once again veterans are making this request. Anyone who believes the Feres Doctrine should be abolished can go to  http://www.petitiononline.com/fd1950/petition.html  and sign a petition to that effect. The petition calls for legislative action to be taken under the Veterans Equal Rights Protection Act of 2003 (VERPA Act). You can contact the author of the petition for additional information at the VERPA Board of Directors  verpalegislative@aol.com
[Source: Veterans Voting Block [VVB] msg 5 AUG 03]

Telemarketing Call Elimination Update: Despite efforts by the telemarketing industry the FTC's Do Not Call system has begun to operate through use of  http://www.ftc.gov/donotcall  As of 1 OCT, more than 50 million telephone numbers registered with the FTC are off-limits to unsolicited calls from companies that do not have established business relationships with the recipients. Two weeks ago, after a federal judge in Oklahoma ruled that the FTC lacked the authority to run the registry, Congress quickly passed a law to clarify that it does. On 25 SEP, in a case brought by the American Teleservices Association, a federal district judge in Utah ruled that a registry that prohibits calls from businesses but not charitable and political groups, is unconstitutional. But on 7 OCT, the U.S. 10th Circuit Court of Appeals granted the FTC's request to stay the district court order while the FTC is appealing it. Consumers can now file complaints beginning 11 OCT at  http://www.ftc.gov/donotcall  or by calling 1-888-382-1222. Those who registered before 31 AUG can complain about any telemarketing call received after 1 OCT. To file a complaint, you must know the date of the call and either the name or the phone number of the company that called. Consumers who put numbers on the registry after 1 SEP 03 must wait three months before filing a complaint. The registration process was reopened on 8 OCT. Both judges who ruled against the list received a flood of calls from angry consumers. [Source: Consumer Health Digest #03-39 dtd 7 OCT 03]

Debit Cards: Debit cards look like a regular credit card but operate much like cash or a personal check. Unlike a credit card that defers payment, your checking or savings account is debited shortly after you use a debit card. In other words the debit card is a quick pay now product that gives you no grace period like a credit card. There are two types of debit cards:

(1) Online or point of sale which electronically transfers your money immediately from your account to the merchant's bank using a pin number, and

(2) Off line which stores debit information and may take up to 3 days to process the transaction.

Advantages of using a debit card are:

   * They are easy to get and use.

   * They are a great alternative to cash or checks

   * Unlike using a check there is no need to show identification or carry a checkbook.

   * When traveling there is no need to carry much cash or travelers checks.

   * You can combine an ATM card and debit card features into one card.

   * They are a great vehicle when you want to ensure that you or a member of your family (e.g. a child in college) only spends what you have in your bank account.

     If a debit card is lost or stolen your liability under federal law for unauthorized use depends on how quickly you report the loss. If you report the loss before your card is used without your permission you have no liability. There is a $50 maximum liability as long you report the card stolen within two days of discovery. Your liability increases to $500 if you don't report the loss within 60 days. If you wait more than 60 days to notify your bank, you may lose all the money in your bank account if your card is used fraudulently. Bottom line, to avoid loss or inconvenience make sure you protect your debit and credit cards and PIN numbers and always have the bank contact number on hand to report a loss immediately if it occurs. [Source: MOAA Member Services Update SEP 03]

Consumer Price Index (CPI): The Consumer Price Index (CPI) is a measure of the average change in prices over time of goods and services purchased by households. The Bureau of Labor Statistics publishes CPIs for two population groups:

(1) CPI-W. The CPI for Urban Wage Earners and Clerical Workers covers households of wage earners and clerical workers that comprise approximately 32 percent of the total population.

(2) CPI-U. The CPI for All Urban Consumers covers approximately 87 percent of the total population and includes in addition to wage earners and clerical worker households, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. For this group an additional figure called the Chained CPI for All Urban Consumers (C-CPI-U) is computed and published.

     The CPI-W is used to set COLAs for military retirees, federal civil service retirees, Social Security beneficiaries, VA disability benefits, and most all other government programs, to include welfare programs. This figure, which controls our annual raises, is derived at using a number of variables. The CPIs are based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctor and dentist services, drugs, and other goods and services that people buy for day-to-day living. Prices are collected in 87 urban areas across the country from about 50,000 housing units and approximately 23,000 retail establishments- department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. Prices of fuels and a few other items are obtained every month in all 87 locations. Prices of most other commodities and services are collected every month in the three largest geographic areas and every other month in other areas. Prices of most goods and services are obtained by personal visits or telephone calls of the Bureau’s trained representatives.
     In calculating the index, price changes for the various items in each location are averaged together with weights, which represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. The index measures price change from a designed reference date. For the CPI-U and the CPI-W the reference base is 1982-84 equals 100.0. The reference base for the C-CPI-U is December 1999 equals 100. An increase of 16.5 percent from the reference base, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period market basket of goods and services in the CPI has risen from $10 in 1982-84 to $11.65.Movements of the indexes from one month to another are usually expressed as percent changes rather than changes in index points, because index point changes are affected by the level of the index in relation to its base period while percent changes are not.
[Source:  http://www.bls.gov/cpi  15 SEP 03]

CR Update 19: The U. S. Department of Defense Office of the Actuary as of September 30, 2002 provides the following retirement data:

   * Non Disabled Military Retirees: 1,619,695 Expenditures: $31,755,023,000
   * Temporary Disabled Retirees: 5,170 Expenditures; $47,880,000
   * Permanent Disabled Retirees: 88,478 Expenditures; $1,214,457,000
   * Reserve Retirees: 249,111 Expenditures: $2,724,989,000
   * Total Department Of Defense Retirees With Veterans Offset:
           Regular Retirees (20 -30 years of Service) 540,841
           Reserve Retirees (Active duty and Reserve duty service which earned retirement) with VA Offset: 12,449

     In last year’s 2003 National Defense Authorization Act, the U. S. Congress included in the bill the offset costs as they are related to Concurrent Receipt (a.k.a. The Disabled Veterans Tax) of $2,182 billion for former career military personnel now being taken out of retirement annuities by DOD. If abolishment of the Disabled Veterans Tax is approved and signed into law, DOD would loose the $2.182 billion they collect yearly. Over a 10 year span the loss to DOD would be $21.82 billion which is far less than the figures SECDEF Rumsfeld projected payment of CR would cost.      According to government cost analysis, from Fiscal Year 2001 through 2003, a substantial amount of money has been taken out of the Military Retirement Trust Fund (MRTF) to balance budgets. Obviously, the amount available in the MTRF to pay other government expenses would not be as great if CR were to be granted. The Bush administration states that the costs to taxpayer would be $58 billion over the next decade if CR is granted. Because of this the president has said that if the legislation passed Congress, he would veto it. It is difficult to rationalize how this can be a loss to the American taxpayer since the dollars are already authorized to be expended for DOD and VA compensation budgets. It is easier to rationalize that if CR were granted the present administration would have to go elsewhere to find sufficient funds to cover their non-veteran obligations. According to a recent congressional report military retirees receive an average monthly pension of $1,833 and VA disability payments range from $100 to $2,100 depending on the disability. If the Disabled Veterans Tax were abolished retirement pay would be restored. Since retirement pay is taxable the net cost to the government would be further reduced and offset some of the losses in revenue being caused by this administration’s other tax cuts for the more affluent taxpayers.
     In the last couple of days there have been reports that the administration may be starting to bend on the issue. On 6 OCT Rick Maze, a Times Staff Writer, published an article claiming military retirees with service connected disabilities rated at 50% or more would get full-retired pay and veterans' disability compensation, without offsets. This is allegedly under a new $30 billion agreement between Congress and the White House per an interview with Rep. Tom Cole, R-Oklahoma. Rep Cole predicted a decision on final details within two weeks. Under this plan the two special pays for disabled retirees would be scrapped. The new agreement replaces a deal reached in early September between House Republican leaders and the White House. However, there is no assurance the Senate would support this proposal with similar legislation.
[Source: Various 8 OCT 03]

SSA Benefit Claim (Parent): When applying for the mother’s or father’s benefits originating from a deceased child’s SSA account the applicant, custodian or legal representative should be prepared to answer the following questions and have as many of the needed documents as possible. You should not delay filing your claim just because you do not have all the documents. SSA will help you get them. You will be asked:

   * Your name and social security number;

   * Your name at birth (if different);

   * Your deceased child’s name, gender, date of birth and social security number;

   * Your date of birth and place of birth (State or foreign country);

   * Your deceased child’s date and place of death;

   * Whether a public or religious record was made of your birth before age 5;

   * Whether or not you were dependent on the worker for 1/2 of your support at the time of the worker’s death or at the time the worker became disabled;

   * Whether you or anyone else has ever filed for Social Security benefits, Medicare or Supplemental Security Income on your behalf. If so, they will also ask for information on whose Social Security record you applied;

   * Whether the deceased worker ever filed for Social Security benefits, Medicare or Supplemental Security Income. If so, they will also ask for information on whose Social Security record he/she applied;

   * Whether you have been unable to work because of illnesses, injuries or conditions at any time within the past 14 months. If "Yes" they will also ask when you became unable to work;

   * Whether the worker was unable to work because of illnesses, injuries or conditions at any time during the 14 months before his or her death. If "Yes" they will also ask when he/she became unable to work;

   * Whether you or the worker was ever in the active military service or worked for the railroad industry;

   * Whether your spouse ever worked for the railroad industry;

   * Whether you have earned social security credits under another country’s social security system;

   * Whether you have married since the worker’s death;

   * The amount of the worker’s earnings in the year of death and the preceding year;

   * Whether the worker had earnings in each year since 1978;

   * The amount of your earnings for this year, last year and next year; and

   * If you are within 3 months of age 65, whether you want to enroll in Supplemental Medical Insurance (Part B of Medicare)

      Depending on the information you provide, SSA may need to ask other questions. You also should bring certified copies as applicable of the death certificate, marriage contracts, birth certificates, and your checkbook or other papers that show your account number at a bank, credit union or other financial institution to sign up for Direct Deposit.  [Source:  http://www.ssa.gov/online/ssa-8.html  MAY 03]

Check SSN Policy at NEX: Navy Exchange customers in the continental United States, Guam, Hawaii and Keflavik Iceland, no longer need to write their Social Security Number on their personal checks when making a purchase. A change to the computer software now gives Navy Exchange cashiers the ability to input SSNs directly into the cash register. The requirement for a SSN is needed to find the customer in case there is a question about the check. Even though the Social Security Number is put into the cash register, it will not appear on any printed paperwork. In addition, SSNs will no longer be required for layaways, special orders or refunds and will not be printed on receipts. Navy Exchanges in Europe and Japan expect to implement this new policy by the end of 2003. [Source: Armed Forces News 3 OCT 03]

Tricare TMOP Overseas: Express Scripts, Inc. was contracted by DoD to replace Medco Health Managed Care last March to service the Tricare National Mail Order Pharmacy Program (TMOP formerly NMOP). Personnel residing overseas eligible for Tricare have the option of procuring their medications via the TMOP program if they comply with the below criteria.

   (1) Beneficiaries residing outside the U.S. Postal Service delivery areas are restricted to APO/FPO or U.S. Embassy address use as the mailing address for the TMOP deliveries. That same APO/FPO or U.S. Embassy address must also be reflected in DEERS. In addition due to the different laws, policies and regulations with customs in foreign countries the contractor is restricted to ship to APO/FPO or U.S. Embassy delivery points.

   (2) The copay for a generic medication is $3 for up to a 90-day supply. If the prescription is written for a 30-day supply, the patient will pay $3 for each Rx fill. The copay for a brand name prescription is $9 for up to a 90-day supply.

   (3) If the patient has other health insurance [OHI] with a pharmacy benefit, they cannot use TMOP unless they can provide proof they have exceeded their benefit or the drug is not covered. By law, all other insurance is primary to TRICARE. The TRICARE Mail Order Pharmacy (TMOP) is designed as a primary insurance.

   (4) Payment in US dollars by credit card (preferred), check, or money order must accompany the order.

   (5) Prescriptions submitted must include a Drug Enforcement Agency (DEA) number. Arizona rules require that each prescription be written on a prescription pad and that a DEA number appear on the prescription before it can be processed. Express Scripts, Inc. is a civilian company doing business in Arizona and have to abide by those rules. The computer software for prescription processing at ESI and PDTS also requires a DEA number in order to process the prescription. If a prescription is missing the DEA number, the claim will be rejected out of the system causing delays in filling and shipping of the member’s medication order.

     Tricare beneficiaries can go to various sections of  http://www.express-scripts.com  to register, download forms to fill new prescriptions, order refills, check status of orders, review the details of their TMOP benefit, and read drug and health information. Due to the Health Insurance Portability Act of 1996 (HIPPA) restrictions anyone having questions or problems should not try to deal directly with Express Scripts. Instead they should communicate directly with the DoD Customer Support Center who will gladly assist any or all beneficiaries requesting help/information from overseas. To do so mail, email, fax or call...Mail: DoD customer Support Center, 2421 Dickman Road, Building 1001, Suite 81, Fort Sam Houston TX 78234-5081 Email: Questions & Problems pdts.ameddcs@amedd.army.mil Fax: (210) 221-8131 Phone: COMM (210) 221-8274 or 1-866-275-4732   [Source: Government Contract Representative (COR) msg 7 Oct 03]

Spam Court Victory: Anti-spam activist Nigel Featherston has won a $250,000 default judgment in the Superior Court of Washington State for King County against a spam organization known for sending millions of spam emails ranging from multilevel schemes to diet pills. The judgment was against Charles F. Childs and Linda Jean Lightfoot, Ohio spammers doing business as Universal Direct, Mega Direct and Ultra-Trim, among others. An engineer and former Microsoft developer, Featherston began fighting spam in 1998 when he was deluged with unwanted emails that required him to change his email address. He filed numerous complaints, often getting the senders’ web sites shut down. In March 2002, in retribution, spammers used his email address in spam sent to others, which resulted in thousands of bounced back emails coming to Featherston’s address and overwhelming his system. Washington’s anti-spam law statute permits asking for $500 per spam. In this case, Featherston could have sued for $29 million, but decided that a $250,000 request would be sufficient. The court concluded that he had sufficient evidence that he had received approximately 58,000 illegal e-mails due to the defendants' actions.
[Source: Consumer Health Digest #03-38 Weekly Update 30 SEP 03]

Contact Lens Prescriptions: The Energy and Commerce Committee on 1 OCT 03 approved a bill designed to inject more competition into the sale of contact lenses. The measure (HR 3140), approved by voice vote, would guarantee patients the right to a copy of their contact lens prescriptions. Apparently, many doctors do not give patients the prescription information, effectively requiring them to buy their lenses from the doctor. The bill also would create a "passive verification system" to help consumers. If a contact lens provider calls the doctor to verify a prescription and the doctor does not call back within eight business hours, or a time specified by the Federal Trade Commission, the prescription would be considered verified and the provider could then fill the prescription.  [Source: CQ Today Midday Update 1 OCT 03  http://www.cq.com ]

Military Health Care Growth: In SEP 03 the Congressional Budget Office (CBO) released a study of the growth in military health care spending over the past fifteen years. The study says the military health care budget has grown from $14.6 billion in 1988 to $27.2 billion today. CBO uses these numbers to claim that health spending "per active-duty service member" has tripled, from $6,600 to $19,600. That’s a bogus statistic that’s been taken out of context in national news stories and gives the false impression of tremendous growth in health care benefits. It overlooks three factors that have inflated the figure:

   (1) First of all, it attributes retiree health care costs to active duty members vice all eligible beneficiaries, which makes no sense at all.

   (2) Second, it’s skewed by changes in active duty and retiree demographics that are driven by DoD’s own policy decisions. We have a growing retiree population because the country and DoD pursued a large career force for the past 50 years to meet national defense commitments. These members were enticed to stay for a career in part by Service promises of lifetime health care. Over the last decade, the Department has consciously shrunk the active duty force.

   (3) Third, the 2003 budget numbers are inflated by recent changes in government accounting methods introduced with enactment of TRICARE For Life. While the newly required health care trust fund deposits appear in DoD’s budget, this isn’t a real expenditure. It’s just an accounting mechanism to recognize health costs that will be incurred many decades in the future after current active duty members attain Medicare eligibility.

The CBO study acknowledges that:

   * 56% of the cost growth is due to national health care cost increases in general;

   * 23% is due to changes in the relative sizes of active duty and retired populations;

   * 18% is due to changes in government accounting methods; and

   * Only 3% of the change is due to "benefit changes and improved efficiency."

     This active duty cost assessment would hardly be worth noting if CBO was not using it as an excuse to propose options to cut health care spending - almost all at the expense of the beneficiary. One proposed option would offer retiring members a cash payment in lieu of TRICARE For Life. The payment, supposedly one-half the discounted value of TFL, would require members to sign away their future health care security. But nobody can predict at age 40 what their future annual health care expenses might be at age 65 and over nor for how many years they will live to incur those expenses. The end result would be the loss of this protection to many future retirees who might accept an attractive lump sum payment at a vulnerable time in their life when they leave service and must face the unknown aspects and expenses of civilian life. This obviously would save the government money in the long run but defeats the benefit’s purpose of providing the security of lifetime health care coverage. The CBO report has the effect of blaming service members and retirees for cost increases that were driven by the government’s own decisions, then uses that false implication to justify proposals to take large amounts of money out of service members’ pockets.
[Source: MOAA Leg Up 26 SEP 03]

Tricare for Retired Reservists: Members of the Reserve and Guard with enough credits for retirement become eligible for Tricare at age 60. Also eligible at that time are the spouses, and all unmarried children under the age 21, or under age 23 if a full-time college student. A spouse who hasn’t remarried and eligible children of a qualified reservist who died before reaching age 60 also becomes eligible on the date the deceased reservists would have turned 60. Federal law establishes Tricare eligibility for designated categories of people. Only the services have the authority to determine if a given person meets legal criteria for Tricare eligibility, to register the person in DEERS, and to issue the appropriate ID military cards or letters of authorization. About three to six months before the sponsor is to reach age 60, eligible personnel should contact the personnel section at their Reserve or Guard component to complete an application for retired benefits. At that time the retiree or widow can register family members. The personnel office will enter those eligible in the DEERS computer and issue a card/s effective on the date of the sponsor attaining age 60. For details about your Tricare program contact the Patient Administration Office at your military hospital, visit at  http://www.tricare.osd.mil or request an information packet from the Tricare Management Activity, 16401 E. Centretech Parkway, Aurora CO 80011-9032. For questions about coverage of a specific medical service or preauthorization requirements, contact you Tricare Service Center.
[ Source: Navy Times Jim Hamby mcochamp@aol.com ]

Immigrant Enlistment: About 50,000 non-citizens are serving in the U.S. armed forces. Recent recruiting trends show that non-citizens make up slightly more than 4% of new enlistment’s each year. A major inducement for non-citizens to enlist is that Military service has for years been a fast track to U.S. citizenship. Those serving in the armed forces may apply three years of residency instead of the five years required for civilians. This September Congress is considering changes in law that would permanently shorten the citizenship waiting period for those in uniform to one or two years depending on which version is adopted.
     Service in the U.S. military does not require U.S. citizenship. In fact, the Selective Service Act requires all lawful permanent resident males as well as U.S. citizens 18 to 25 register for the draft, and they could be compelled to serve in the armed forces. Failure for a non-citizen to register can prevent him from becoming naturalized. The various services handle non-citizens in uniform differently. The Army and Air Force are required by law to accept only U.S. citizens and permanent-resident “green card” holders. The Navy and Marine Corps use internal policy to set the same criteria, signing up only legal U.S. residents. The former program which allowed 2000 Filipinos to enlist annually was eliminated when the Philippine government canceled the Military Bases Agreement which allowed this. Because of the difficulty in getting security clearances, non-citizens who enlist are limited to military occupations and commands where security clearances are not required. The Navy and Marines let non-citizens enlist and re-enlist as many times as possible, allowing a full career without becoming a U.S. citizen. The army limits this to a total of eight years. Exceptions might be authorized but are limited by security-clearance requirements. The Air force only allows non-citizens to enlist for one term only so they must obtain U.S. citizenship to re-enlist.
[Source: Navy Times 22 SEP 03]

Divorce & Property Division: Divorce can be an emotional nightmare that often overshadows the needs of each spouse to go their separate ways. Even if each party has their own attorney to protect their legal rights he/she may not be qualified to understand your financial needs now and in the future. In many cases decisions made at the time of the divorce cannot be changed after the decree becomes final. While divorce laws differ in each state there are five things all divorcing couples should do to ensure a more equitable settlement:

   * List you assets and liabilities. This list should include all of your financial holdings and their values, from real estate to life insurance, personal property, checking and savings accounts, retirement and pension plans, investments, and college and business expenses. This will give both of you an idea of where you stand and what you have to work with.

   * Develop a budget. Most peoples income will be stretched to the limit, because they are now going to be supporting two households instead of one. The budget should show all the expenses such as mortgages, car payments, child care, utilities, medical and dental expenses, and insurance. A second list should include all the income, including pay, child support and alimony, savings account interest, stock dividends, and rental property income.. This will show what you need to plan for the future.

   * Decide whether to keep the house. Even though most people want to keep the house for emotional reasons it does not make sense financially. Frequently, the spouse that keeps the house cannot qualify to refinance the home individually, and the other spouse does not make enough money to qualify for the old mortgage and a new one too. It usually makes more sense to sell the house, divide the proceeds, and buy smaller homes that are more affordable.

   * Understand each asset’s liquidity and tax liability. Compare your needs to the assets available to see which ones are best for you. A spouse that has custody of the children might have more everyday expenses and need more cash than the other non-custodial spouse. For example savings accounts, IRA’s and CD’s may appear to have the same value. However, a savings account may be tapped at any time whereas an IRA generally is subject to a 10% penalty if withdrawn early plus you will have to pay tax on the amount withdrawn and a CD can incur loss of interest earned giving a lower return.

   * Protect child and spousal support. Sometimes former spouses do not realize the importance of owning a life and disability insurance policy on the spouse that provides spousal and child support. Without one all support could abruptly end. The policy and how it is funded should be addressed in the divorce decree. The spouse receiving the support should own the policy and pay the premiums to make sure they are being made and that the beneficiaries are not changed.   
[Source: USAA AUG 03 article]

CRSC Update 9: Last November, instead of passing Concurrent Receipt, a last minute compromise (CRSC) was made. This allowed disabled retired vets with combat-related disabilities rated 60 percent or above or those who received a Purple Heart and have 10 percent or higher combat-related disability to keep both their full retirement pay and VA compensation. This only benefited about 35,000 of the total 800,000 disabled retired vets or five percent. Of the five percent who applied, DOD has only approved about five to eight percent. The program was effective 1 JUN 03. The Defense Department has told the military services to award CRSC only for combat-related disabilities. This will speed up a backlog of applications awaiting a ruling about military retirees who the VA has determined to be unemployable or who are eligible for special military compensation. However, such individuals whose determinations are not combat-related may continue to forfeit part of their retired pay in order to receive VA disability compensation. Air Force officials have stated that the current wait-time for applications for CRSC is about three months from the date of submission to notification of approval or disapproval. This is due mainly to the large volume of applications received. Computer problems also have caused delays, although many of these have been resolved, causing officials to expect the flow of completed packages to improve. Regardless of delays, payments to approved applicants will be retroactive to June 1, 2003. Retirees who have not submitted their claims should include a copy of all VA paperwork regarding their disability rating and not just the initial notification from the VA.
     On Sept. 23 the Senate Veterans Affairs Committee held a hearing during which Secretary of Veterans Affairs Anthony Principi testified that the Combat Related Special Compensation provisions, implemented in June could be changed to add Reservists. As it stands right now, a reservist needs 7200 points to qualify for the special compensation. To put this in perspective, a member who spends 3 years on active duty and then switches to the reserves, would have to spend 41% of each year on active duty for 27 years. This is in addition to the normal reserve time of one weekend per month and two weeks during the summer. It was indicated this is simply unattainable and is particularly outrageous that this includes reservists who have been awarded the Purple Heart.

          Army CRSC Processing: As of 17 SEP 03 the Army has received 16, 034 applications, approved 712, and denied 721. They are waiting for VA Records on 1,934 applications. Another 1362 receiving SMC or IU formerly on hold awaiting a ruling on applicability are now moving to DFAS for payment.

          Naval CRSC Processing: As of 10 Sep 03 the Naval section has received approximately 5900 applications. Case Builders have built 2486 and Case Officers have started 1635. In work pending additional records are approximately 1098. To date 342 have been approved and 195 have been denied. These numbers do not reflect applications:

   * Rejected for failure to meet the preliminary criteria (e.g. less than 20 years in service)

   * Returned to applicants for completion (e.g. no signature or missing key pages)

   * Reconsiderations

          Air Force CRSC Processing: As of 19 Sep 03 the USAF has received a total of 6,937 applications, approved a total of 584 cases and disapproved a total of 546 cases. The Physical Disability staff has started reviewing the 700 applications received during the week of June 16-20. Next month the Air Force plans to add a support contractor to the CRSC effort, which should speed up the application and approval process. According to division officials, all the special monthly compensation or un-employability cases being held pending further guidance have been released. More information is available by calling the Air Force Contact Center toll free at (866) 229-7074, commercial (210) 565-5000 or DSN 665-5000. For additional information and a copy of the application form, go to https://www.dmdc.osd.mil/crsc/ [Source: Various 28 SEP 03]

CR Update 18: President Bush with the support of the House majority leadership has proposed a plan to discontinue granting service connection for all disabilities except those that directly result from the performance of job-related tasks of a service-member's military occupation. This would be the price to obtain their approval on elimination of the retiree disability tax to those presently receiving VA compensation. Senate Veterans' Affairs Committee Chairman Arlen Specter held an emergency hearing on September 24, 2003, to hear testimony regarding the ramifications of this proposal. Department of Veterans Affairs Secretary Anthony Principi testified that VA estimates approximately two-thirds of all current service-connected disabled veterans would not be eligible for service connection if this proposed new standard were applied to them. The plan would make the new restrictions on service connection apply to all new claims for service connection and all claims for increased compensation, including all claims for increased compensation by veterans currently service connected. The Bush administration proposed this plan as a way to drastically reduce spending on compensation and other benefits provided to veterans on account of service-connected disabilities to use the savings to pay for legislation authorizing concurrent receipt of military retired pay and disability compensation. All the veterans' organizations testified in full support of concurrent receipt but condemned this plan to pay for it by denying any increase in disability benefits to the majority of today's veterans and by denying all benefits for service connection to the majority of tomorrow's veterans.

          Discharge Petition Update: Rep. Walter Jones (R-NC) became the 203rd signer of Rep. Jim Marshall's (D-GA) concurrent receipt discharge petition. In doing so, Jones courageously joined with Rep. Thomas Tancredo (R-CO) as the only two Republicans to defy their leadership's "death penalty" threat for any Republican representative who signs the petition. Only fifteen more signatures are needed to force a floor vote on HR 303 (a bill to completely eliminate the disabled Veterans' tax).in the House. Rep. Jones, said that House leaders are on notice that they need to come up with a plan to expand benefits for military retiree. If they fail to do so, he said up to 20 other Republicans are prepared to sign but the other 183 Republicans who have cosponsored the bill have yet to step forward.

          Military Retirement Trust Fund: The MRTF was authorized by Public Law (PL) 98-94 for the accumulation of funds to finance the liabilities of the DOD under military retirement and survivors benefit programs. The reported mission of the MRTF is to accumulate funds in order to finance on an actuarially sound basis the liabilities of the DOD under military retirement and survivors benefit programs. SECDEF is tasked with the responsibility of budgeting funds annually for replenishment of the fund. Disabled retired veterans are having deductions from their retirement checks to offset, dollar-for-dollar, their VA compensation. Those offsets are allegedly going to the MRTF, which should be creating a surplus. Many disabled vets are saying to use the money in the MRTF to pay their full retirement pay as promised. The interest alone on the fund balance of more than $150 billion annually should more than cover the cost. Unfortunately this is not true as the fund exists "on paper only". The best way to explain it is perhaps to say the funds have been replaced with internal accounting IOUs or intergovernmental assets. The federal government manages its accounting books differently than any other business or institution. By borrowing from trust funds such as Medicare, Social Security, Military Retirement and Civilian Retirement, the federal government taps into those funds as if they were for operating expenses. The accounting people are viewing these funds as assets instead of liabilities and treating them as general funds. Senator Hollings recently released "Hollings' Perspectives on the Federal Budget". In his report, he explained that the federal government has borrowed from numerous government trust funds in amounts and within actuarial practices that makes the "Enron accounting" fiascos look like a small piggy bank caper. To many Americans, Senator Hollings is a bold and honest government official that decided it was high time our government reveal why the Military Retirement Trust Fund (MRTF) was not and could not be currently used to fund the Restoration of Military Retirement Pay (i.e., Concurrent Receipt). The Senator's report and his additional supporting evidence is currently posted at:  http://images.military.com/NewContent?file=Youmans_092603   
[Source: Various 28 SEP 03]

VA Appeal Process Rulings: On 23 SEP 03 The U.S. Court of Appeals for the Federal Circuit released a decision titled, PVA, DAV, NOVA and NABV v. Secretary of Veterans Affairs. Their decision invalidates section § 3.159(b)(1) of Title 38 Code of Federal Regulation. The court held that this regulation is invalid as it pertains to the phrase, "If the claimant has not responded to the request within 30 days, VA may decide the claim..." because it imposes on claimants an arbitrary new deadline that does not represent a reasonable exercise of VA's authority.
     Title 38 United States Code § 5103(b)(1) states that no benefit may be paid or furnished by reason of the claimant's application when the VA gives notice of evidence needed to adjudicate a claim and that information or evidence is not received by the VA within one year from the date of the notification, This means that the VA could not make a decision to either grant or deny after 30 days of notification just for the sake of reducing the backlog of cases. The court held that this 30-day rule added an additional burden to veterans to file additional requests after the 30 days and the one-year expired. The court stated in their ruling, "Contrary to the government, we see the thirty-day notice regulation as operating exclusively to the detriment of claimants whose claims are being prematurely denied short of the statutory one-year time period for failure to submit the additional "necessary" information or evidence to substantiate their claims."
     This ruling supports the VFW position that the 30-day rule to submit evidence, once requested by the VA, was not in compliance with the Statute allowing one year from notification to submit evidence before a decision was made on the record.
     The court did uphold 38 C.F.R. § 3.159(c)(4)(iii), Provision of Medical Examinations and Medical Opinions to Veterans Seeking to Reopen Finally Adjudicated Claims. The court held that the position taken by Veteran Service Organizations (VSO) that the Veterans Claims Assistance Act (VCAA) requires VA to assist a claimant in developing the new and material evidence required to open a claim, and that this duty includes providing a medical examination or opinion if necessary. The court stated that it is clear Congress intended to distinguish between VA's duty to assist a claimant filing an original claim for benefits and a claimant attempting to reopen a previously adjudicated claim. In the absence of new and material evidence, the VA is NOT required to provide assistance to a claimant attempting to reopen a claim, including providing a medical examination or obtaining a medical opinion. Other regulations were challenged by the VSO's, but the court upheld them in its 55-page decision which can be viewed at  http://www.fedcir.gov  Additional information will be provided if changes to this ruling are made either on appeal or regulation changes.  [Source: Joseph A. Bello msg 24 SEP &  http://www.fedcir.gov ]

VA Combat Vet Health Care: Effective immediately, the Department of Veterans Affairs (VA) has implemented policies and procedures for providing free health care services and nursing home care to combat veterans for a period of 2 years beginning on the date of separation from active military service. This benefit covers all illnesses and injuries except those clearly unrelated to military service; for example, a common cold, injuries from accidents that occurred after discharge, and disorders that existed before joining the military. Care may not be provided for any disability found to have resulted from a cause other than the military service in combat operations. Combat veterans seeking treatment for health conditions claimed to be related to combat operations are evaluated clinically by means of a physical examination and appropriate diagnostic studies. In making this determination, the physician must consider that the following types of conditions are not ordinarily considered to be due to occupational or military service

(1) Congenital or developmental conditions, for example, scoliosis,

(2) Conditions which are known to have existed before military service, and

(3) Conditions which have a specific and well-established cause and that began after military combat service.

Coverage extends for a two-year period following separation from active military service. Dental services are not included.

     Veterans are eligible if they served on active duty in a theater of combat operations during a period of war after the Gulf War or in combat against a hostile force during a period of hostilities after November 11, 1998 and have been discharged under other than dishonorable conditions. Hostilities is defined as conflict in which Armed Forces members are subjected to the danger comparable to that faced in a period of war. National Guard and Reserve members are also eligible for VA health care if they were ordered to active duty by a federal declaration, served the full period for which they were called or ordered to active duty, and have separated from active military service under other than dishonorable conditions. Active duty, National Guard and Reserve members who were activated to a combat mission and then separated from active duty receive a DD Form 214, which should show an award of the Armed Forces Expeditionary Medal. Individuals seeking services under this authority should bring their DD Form 214 when reporting to a VA health care facility.
     Unlike other veterans who do not have VA-adjudicated service-connected conditions, veterans who qualify under this special eligibility authority are not subject to VA means testing or copayment requirements. There is no burden placed on these veterans to prove that their health problems are related to their military service or prove that they have low income to qualify for cost-free VA health care. The co-payment status will depend on whether the veteran’s illness or injury is found to be service-connected or whether the veteran is otherwise qualified for VA health care. Each veteran will be enrolled for VA health care in the appropriate priority group. Some veterans - those in the lowest priority group - whose income is above the means test threshold must agree to make required co-payments. If the veteran does not agree to make co-payments, the veteran will be ineligible for VA care. Additional information is available at the nearest VA medical facility. The telephone number can be found in the blue pages of your local telephone directory under the U.S. Government listings. Veterans can also call (800) 827-1000 or (877) 222-8387. Veterans residing in the Philippines who meet this criteria can contact Lucy Echaluse, VA Manila’s Combat Care Coordinator at the VA Manila OPC at 833-4566. If you wish to file a claim for disability benefits for a medical condition you believe is related to your military service, contact the Manila VA Regional Office at their toll free number 1-800-1-888-5252 or visit them at the U.S. Embassy in Manila.
[Source: Veterans Health Administration Washington, DC 20420 IB 10-162 December 2002 & VARO Manila]

Disabled Vet License Plate [TX]: The criteria for obtaining license plates for vehicles used by veterans with disabilities in Texas has changed with the passage of HB 2971 and is effective as of September 1, 2003. Disabled veterans previously had to have a rating of 60% or higher by the Department of Veterans Affairs (VA) to qualify for Disabled Veteran Plates. The requirement is now 50%; there is a $3.00 administration fee for the plates.
     Another change is that an additional set of Disabled Veteran Plates can be obtained for a $15.00 administrative fee. Lost or damaged plates can be obtained for a $1.00 administrative fee. The criteria for a veteran that is rated at 40% by the VA, due to an amputation of a lower extremity remains unchanged. Detailed information on this and other bills can be found at http://www.capitol.state.tx.us
[Source: Military Service Coalition Newsletter SEP 03]

POW Possible VA Benefits: The Department of Veterans Affairs (VA) is asking former prisoners of war not currently using VA benefits to contact VA to find out if they may be eligible for disability compensation and other services. More than 23,000 former prisoners of war (POWs) already receive compensation from VA. This year, the department mailed information about benefits to another 4,700 known ex-POWs not on its rolls. However, VA estimates there could be as many as 11,000 more POWs for whom it does not have an address. VA is asking former POWs not receiving benefits who did not receive a VA letter recently to call the department at 1-800-827-1000. Nine out of ten former POWs are veterans of World War II, and their service predates the use of Social Security numbers as a military service number. That, coupled with the decades that have elapsed since their service, makes it difficult for VA to track down those who have not opened a file with VA in recent years. VA is asking veterans and all Americans who know of a former POW to help spread the word that benefits and services may be just a phone call away. VA has expanded policies to cover increasing numbers of former POWs as new illnesses have been found related to captivity. The administration currently is pressing to get even more compensation and medical care benefits for former POWs. The most recent expansion of VA benefits for former POWs was a July regulation that added cirrhosis of the liver to the list of diseases to which entitlement to disability compensation is presumed in former POWs. Similar policies making it easier for former POWs to obtain compensation have been enacted for POWs detained for 30 days or more who develop specific illnesses. Former POWs have a special eligibility for enrollment in VA medical care and are exempt from making copayment for inpatient and outpatient medical care. They have the same co-pay rules as other veterans for medications and for extended care. Free dental treatment for any dental condition is available to former POWs held for more than 90 days. More information about VA services for former POWs is available at http://www.vba.va.gov/bln/21/Benefits/POW/ [Source: NAUS Update 19 Sep 03]

Mail - Holiday Policy 2003: The dates for mailing items to and from overseas locations in time for the holidays are fast approaching, and Military Postal Service Agency officials have suggestions for ensuring packages and letters arrive on time. Recommended deadlines for sending mail from the U.S. to all overseas military mailing addressees for the holidays are:

   * Parcel post - Nov. 13;

   * Space-available mail -Nov. 28;

   * Parcel-airlift mail - Dec. 4; and

   * Priority and first-class letters or cards - Dec. 11.

      These dates should also be observed when sending mail from overseas locations to the U.S. Because of security restrictions, mass-mailing operations such as Operation Dear Abby or the "Any Servicemember" mailing program are not being supported by the agency.
[Source: Armed Forces News Issue 19 SEP 2003]

Tax On SSA Benefits: If you are a U.S. citizen or U.S. resident, up to 85% of the Social Security benefits you receive may be subject to the Federal income tax. If you file a Federal income tax return as an individual and your combined income is $25,000 to $34,000, you may have to pay taxes on up to 50% of your Social Security benefits. Combined income means the total of your adjusted gross income plus nontaxable interest plus one-half of your Social Security benefits. If your combined income is over $34,000, you may have to pay taxes on up to 85% of your Social Security benefits. If you file a joint tax return, you may have to pay taxes on up to 50% of your Social Security benefits if you and your spouse have a combined income of $32,000 to $44,000. If your combined income is over $44,000, you may have to pay taxes on up to 85% of your Social Security benefits. If you are a member of a couple and file a separate return, you probably will pay taxes on your benefits.
     If you are not a U.S. citizen or a resident, Federal income taxes will be withheld from your benefits. The tax is 30 percent of 85 percent of your benefit amount. It will be withheld from the benefits of all nonresident aliens, except those who reside in countries which have tax treaties with the U.S. that do not permit taxing of U.S. Social Security benefits (or provide for a lower tax rate). The U.S. has such treaties with Canada, Egypt, Germany, Ireland, Israel, Italy, Japan, Romania, Switzerland and the United Kingdom (defined as England, Scotland, Wales and Northern Ireland). In addition, the Social Security benefits paid to individuals who are citizens and residents of India are exempt from this tax to the extent that their benefits are based on Federal, State or local government employment. This list of countries may change from time to time. After the end of the year, you will receive a statement showing the amount of benefits you received during the year. Many foreign governments tax U.S. Social Security benefits. U.S. residents planning to live in another country should contact that country's embassy in Washington, D.C., for information. Keep in mind that Social Security benefits are calculated in U.S. dollars. The benefits are not increased or decreased because of changes in international exchange rates.  [Source:  http://www.ssa.gov/international  MAY 03]

VA Electronic Health Record Access: The Veterans Health Administration (VHA) is carrying out a multi-phase strategy for providing Veteran Service Organizations/Officers (VSOs) with appropriate electronic access to veterans' health record information. Since August 2002, VHA has provided authorized VSOs access to veterans' health information through CPRS Read Only. CPRS Read Only is available only at VA medical centers (VAMCs) and large outpatient clinics, and must be used on site. VSOs who work on-site at VAMCs have found CPRS Read Only to be a valuable tool in preparing claims on behalf of the veterans they represent. VHA recently released version 22 of CPRS. This update is compliant with Section 508 of the Rehabilitation Act and includes features to improve access by visually impaired users, such as larger font sizes, keyboard equivalents for mouse click actions, and consistent cursor movements using the Tab key. Version 22 works with screen-reader software such as JAWS and WindowEyes. VHA is continuing to work these software vendors to incorporate new features to improve accessibility.
     VSOs have asked VHA to provide electronic access to health information at the VBA regional offices (ROs) via the Compensation & Pension Record Interchange (CAPRI) software used by VBA claims adjudicators. CAPRI-Local is used to provide authorized users read-only access to veterans' protected health information stored electronically at VHA medical centers. Present schedule for implementation is:

   * By the 1st quarter FY 2004: CAPRI-Remote will be deployed to all VBA users. CAPRI-Remote is an enhanced version of CAPRI, which allows users to access different sites without having to log in separately to each one. VHA is exploring whether or not it can make CAPRI-Remote available to VSOs at VA medical centers (VAMCs) and large outpatient clinics and at VBA ROs.

   * By the 2nd Quarter FY2004,:VHA will make CAPRI-Local available to VSOs at VA medical centers (VAMCs) and large outpatient clinics. As with CPRS Read Only, VSOs will have access to the records of veterans for whom they hold power of attorney (POA).

   * By the 3rd Quarter FY2004: VHA will make CAPRI-Local available to VSOs stationed at VBA ROs. VSO users will be able to access only those medical centers within the region served by the RO.

   * By October 2004: Veterans will have access to their electronic health records via My HealthVet (MHV). This effort offers veterans a new web-based access method for obtaining and communicating generic and individualized health-related information. Increased access to medical information is expected to enhance patient-provider communications and improve the overall quality of care and service that is provided to the nation's veterans. The MHV application will allow the veteran to grant access to all or some of his or her health information to others, such as family members, veteran advocates such as VSOs, and VA and non-VA health care providers. MHV is being tested at several pilot VAMCs and experience gained from this pilot is being integrated into the MHV national effort. Nationwide implementation will occur through four phases, each with increasingly complex functionality and security. Key project milestones and targeted completion dates are:

§ Phase I (September 2003): Web Content/Health Education Information

§ Phase II (November 2003): Prescription Refill and Self Entered (SE) Data

§ Phase III (January 2004): View Co-Pay Balance/Appointments/SE Metrics

§ Phase IV (October 2004): Electronic Health Record/Grantee & Delegate Functions

[Source: MRGRG Edith Smith msg. 25 SEP 03]

CR Update 17: The administration has been advised by SECDEF Donald Rumsfeld that it would cost too much to pay both earned retirement pay for serving 20 or more years and VA disability compensation for injuries and illnesses during that service. Disabled vets have been saying to take the money from the Military Retirement Trust Fund (MRTF) because there should be enough in the fund to pay the offset just from the earned interest. According to Title 10: "The Secretary of Defense shall provide for the keeping of such records as are necessary for determining the actuarial status of the Fund." This fund was established to cover military retirement pay. Its deposits consist of the annual full cost of retired pay not taking into consideration whatever VA offset is made for disabled retirees. Thus, under the current policy of withholding from retirees an amount equal to whatever the VA pays in disability compensation, there should be a healthy surplus each year to earn interest to further augment the fund. According to a chart displayed at Senator Holling's Website, during 2001 the MTRF lost $157 billion, in 2002 $166 billion was taken, and in 2003 $174 billion. A total of $497 billion over the last three years was taken from the fund to balance the Bush budget. Most disabled retired veterans had the belief this money sanctioned under Title 10 was sacred, monitored and controlled by a separate civilian Board of Actuaries that were accountable for the fund. In actuality, these funds are removed and become obligations -- part of the national deficit -- and it appears the administration and the Treasury views them as revenue. Civilian retirees get to keep all of their earned retirement, while disabled veterans do not and are effectively being taxed to reduce the deficit.
     The administration’s latest compromise proposal would authorize concurrent receipt to all retirees now receiving military non-disability retired pay and veterans' service-connected disability payments, with implementation spread over a period of five years. The amounts would vary in FY 2004 from $20 per month for 10 percent disabilities to $750 per month for total disability. For 2005 thru 2008, the amounts would be based on percentages of the disability payments ranging from 23 percent in 2005 to 100 percent in 2008.
     The House leadership is concerned with the high cost of granting concurrent receipt and adopted the phase-in period as a less-costly option. This is tied to a proposal of a major change in the way the Department of Veterans Affairs (VA) will rate service-connected disabilities for future veterans. The suggestion has been made that disabilities classified as "in the line of duty" be changed to "in the performance of duty." This is a substantial change that would impact heavily on present active duty personnel’s future benefits. It would mean that full retirement pay for those now receiving VA offsets would be paid from savings derived from not having to provide the same benefit to future retirees. (i.e. two thirds of future disabled retirees would be blocked from receiving the dual benefit). Veterans' groups have formally rejected this proposal.
     Senior Republicans on the House Veterans' Affairs Committee have joined Democrats and veterans groups in a chorus of protest against proposals being considered by the Bush administration to shrink the number of military personnel who qualify for disability benefits. Changes in the definition of service-connected disability "could have far-reaching and unintended consequences for millions of service members and veterans," wrote the committee chairman, Rep. Christopher Smith, R-N.J., and three of the panel's subcommittee chairmen. The Senate's top Democrats, Minority Leader Tom Daschle of South Dakota and Whip Harry Reid of Nevada, have joined the protest telling President Bush in a letter that it was "outrageous to pit one group of disabled veterans against another." Daschle said the proposals, if retroactive, could disqualify about 1.5 million veterans, about two-thirds of those now in the VA disability program. Marshall's discharge petition has 202 signatures, all but one a Democrat. Sixteen more Republicans need to sign it to force a floor vote. Rep. Walter Jones, R-N.C., has vowed to do so, and believes other Republicans will join him, if House leaders don't come up with an acceptable concurrent receipt compromise. [Source: Various 9/18/03]

JROTC Teaching Positions: The Air Force needs military retirees to take on teaching roles in high school classrooms as the service expands its Junior Reserve Officer Training Corps program. The scope of the program, which currently includes 744 JROTC units in high schools worldwide, will expand with 201 units to be added by fiscal year 2007. The expansion provides increased opportunities for community service positions for retired Air Force members interested in becoming high school teachers. Applicants are encouraged to apply for numerous vacancies for the upcoming school year. The Air Force JROTC Web site at:  http://www.afoats.af.mil  (select "AFJROTC"), lists current vacancies and provides applications. Personnel from all career fields are needed and former Air Force position/profession is not a factor. Retirees with their attained leadership skills, customs and courtesies, academic background and professional military education make them well prepared for taking a role as a leader in the AFJROTC classroom. Air Force officer or enlisted members who retired from active duty within the past five years or less and who served at least 20 years or who retired under the Temporary Early Retirement Authority with at least 15 years of active duty service may apply. Active duty members may apply when they are within six months of their retirement date. In some instances, the five-year date of retirement can be waived for up to 10 years. Waiver consideration is based on the needs of the program and applicant qualifications. Instructors wear uniforms, meet current weight requirements and receive, as a minimum, a salary equal to the difference between their retired pay and their active-duty pay and allowances, excluding incentive pay that they would receive if on active duty. For more information, call the AFJROTC Division toll free at 1-866-235-7682 extension 35275/35300, DSN 493-5275/5300, write to: HQ AFOATS/JRI, 551 E. Maxwell Blvd, Maxwell AFB, AL 36112-6106; or visit the Air Force JROTC Web site at:  http://www.afoats.af.mil   [Source: Air Force Retiree News Sept. 9, 2003]

POW/MIA Day: Since WWI more than 140,000 Americans have been captured and held as POWs and there are more than 88,000 warriors who are still unaccounted-for from past conflicts. National POW/MIA Recognition Day is observed each year on the third Friday of September. Ceremonies are held throughout the U.S. and around the world at military installations, ships at sea, state capitols, schools, churches, and police and fire departments. The Department of Defense POW/Missing Personnel Office offers at no cost various size posters up to 11 x 17 inch that commemorates this day. Orders are accepted at DOD POW/Missing Personnel Office: Attn: John Brown, 2400 Defense Pentagon, Washington DC 20301-2400 or email  john.brown@osd.mil   Order should specify size and quantity of posters desired. A new request is required each year as there is no automatic distribution list. Additional information and/or a copy of the poster can be obtained at
http://www.dtic.mil/dpmo/powday/index.htm    [Source: TROA Magazine SEP 03]

Benefits Checkup: If you are over 50 years of age it may be to your benefit to check out  http://www.benefitscheckup.org  to see if there are any benefits you are not availing your self of. This site is a service of The National Council on the Aging that will provide you with a confidential personal report of public programs and benefits that you may qualify for. Areas such as housing, employment, prescription drug costs, utility bills are addressed. The site tells you how to apply for assistance programs, but you cannot actually apply for these at this site. For final program eligibility, you will need to apply to the agencies listed in the report.
     You are not required to identify your name, address, phone number, or Social Security number. You will be required to complete an online questionnaire necessary to identify programs applicable to you. It covers basic information on over 1,150 programs including those covering more than 1,450 prescription Medications. Programs generally are in the civilian sector and not military orientated. You can review online or print out a copy of those programs that are applicable to you for further follow up.  [Source: SOHO Advisor Henry Bohne input 29 AUG 03]

TRICARE Prime Remote (TPR): This program provides active duty service members in the United States with the TRICARE Prime option while they are assigned to duty stations in areas not served by the traditional Military Health System. TPR for Active Duty Family Members (TPRADFM) began on Sept 1, 2002. TPRADFM offers the same TPR benefit to eligible family members of active duty service members. Reserve component family members are eligible for TPRADFM if the sponsor is called to active duty for more than 30 days and the family member resides within a TPR ZIP Code at the location where the Reserve member resides upon activation or effective date of orders. Recent National Defense Authorization Act changes for Fiscal Year 2003 no longer require activated reservists to be eligible for or enrolled in TPR for their family member to be eligible for TPRADFM. However, Reserve component family members must enroll in TPRADFM to enjoy the benefit. Once enrolled family members of activated reservists continuing to reside at the TPR residence address may remain in program for the period of active duty of the member. The Reservist's subsequent assignments, own enrollment, enrollment location, or residence does not affect their enrollment.
[Source: Tricare Wed Site Update September 12, 2003, VOL 1, No. 39]

USFHP Enrollment Criteria: Enrollment in the Uniformed Services Family Health Program [USFHP] is possible if you live in a service area where USFHP is offered, if that program has a nearby provider network, and if you do not have other comprehensive health insurance, besides Medicare. Enrollees must fall into one of the below categories:

   * Eligible members of active duty families

   * Uniformed services retirees-including those age 65 and over

   * Eligible family members of uniformed services retirees-including those age 65 and over

   * Eligible family members of deceased active-duty or retired uniformed services members-including those age 65 and over

     Personnel enrolled in the USFHP are restricted from using services within the Military Health System (MHS) including the Tricare Retail pharmacy and Tricare Mail Order Pharmacy (TMOP) programs, unless the individual has been referred to a military treatment facility by a provider within USFHP. The six programs in USFHP offer retail and mail order pharmacy options separate from the Tricare program. Because USFHP offers comprehensive health coverage and pharmacy benefits, beneficiaries over age 65 can be disenrolled for using Medicare for duplicate services. By statute, persons with other primary health insurance coverage (not including Medicare) cannot be covered under the USFHP. Individuals age 65 and older who are eligible for Medicare Part A may enroll in the USFHP. Although not required to be enrolled in Medicare Part B they are encouraged to do so. Enrollment in Medicare Part B is required in order to be eligible for Tricare For Life (TFL). Just like TFL participants, Medicare eligible beneficiaries age 65 and older who do enroll or remain enrolled in Medicare Part B do not have copayments for services that would otherwise be covered by Medicare. Failure to enroll or remain enrolled in Medicare Part B when eligible, will result in assessment of an annual penalty for life if at a later date if they chose to disenroll from the USFHP and participate in TFL instead. Beneficiaries under age 65 who are Medicare eligible because of disability must be enrolled in Medicare Part B to be eligible for Tricare benefits, including enrollment in the USFHP. These beneficiaries do not have to pay the Prime enrollment fee.

Enrolling in the USFHP:

   * Beneficiaries must complete an application and submit it to the nearest USFHP program office.

   * Beneficiaries must live in that program’s service area to enroll.

   * Beneficiaries, including retirees, may enroll at any time throughout the year.

   * With enrollment, beneficiaries agree to get care only through the plan - unless they transfer to another Tricare Prime program or become ineligible for benefits (for example, through divorce, or if your military sponsor leaves active duty short of retirement).

The Six civilian USFHP networks are:

   * John Hopkins Medical Services Corporation in Maryland 800-808-7347  http://www.hopkinsmedicine.org/usfhp

   * Martin’s Point Health Care Portland, ME 888-241-4556  http://www.martinspoint.org

   * Brighton Marine Health Center in Massachusetts & RI 800-818-8589  http://www.usfamilyhealthplan.org

   * Pacific Medical Clinics Seattle, WA 888-958-7347  http://www.pacmed.org

   * Saint Vincent Catholic Medical Centers of New York, New York, NY 800-241-4848  http://www.usfhpsvcmc.org

   * CHRISTUS Health covering S.E. TX and S.W. LA 800-678-7347  http://www.usfamilyhealthplan.org/texas.htm

     Interested parties may obtain additional information and details on the program by calling the toll-free number of the program in their area or visiting the USFHP web site at www.usfamilyhealthplan.
[Source: Tricare Fact Sheet  http://www.tricare.osd.mil/factsheets/index.cfm?fx=showfs&file_name=USFHP.htm  Aug 03]

VA Emergency Care:  Non-Service Connected.

      VA has the authority as of 29 May 2000 to pay for emergency care necessary for non-service connected conditions in non-VA facilities for veterans enrolled in the VA Health Care system provided the veteran has no other source of payment for the care. However, if another health insurance provider pays all or part of a bill, VA cannot provide any reimbursement. To qualify you must meet all of the following criteria:

   * You are enrolled in the VA Health Care System

   * You have been provided care by the VA clinician or provider within the last 24 months.

   * You were provided care in a hospital emergency department or similar facility providing emergency care.

   * You have no other form of health insurance.

   * You do not have coverage under Medicare, Medicaid, or a state program.

   * You do not have coverage under any other VA programs.

   * VA or other federal facilities are not feasibly available at the time of the emergency event.

   * A reasonable lay person would judge that delay in medical treatment would endanger your health or life.

   * You are financially liable to the provider of the emergency treatment for that treatment.

   * You have no other contractual or legal recourse against a third party that will pay all or part of the bill.

     VA will reimburse health care providers for all medical services necessary to stabilize your condition up to the point you can be transferred to an approved VA healthcare facility. VA will pay 70 percent of the applicable Medicare rate and VA payment will be payment in full. You, your treating representative or the treating facility should contact the VA as soon as possible (within 48 hours) to arrange a transfer to VA care, if hospitalization is required. If you are hospitalized, VA will be in regular contact with your physician at the hospital. Upon stabilization of your condition VA will arrange to transport you to a VA, or VA-designated facility and may be able to pay for such expenses. Contact your local VA facility for current guidelines. If you choose to stay beyond that point, you will be responsible for the payment of costs associated with
your treatment. If you are billed for emergency care services, contact you local VA and a representative will assist you in resolving the issue. To resolve claims VA has established official appeals processes to make sure your case is thoroughly reviewed. For additional info call (877) 222-8387 or check out  http://www.va.gov/elig  This benefit is not applicable overseas. However, enrolled veterans in the Philippines can obtain non-service connected emergency or non-emergency care at the Out Patient Clinic in Manila on a walk-in or appointment basis.

VA Emergency Care:  Non-Service Connected.

The VA may provide reimbursement for enrolled veterans at non-VA facilities in cases of medical emergencies when:

(1) VA or other federal facilities are not feasibly available or

(2) Delay in seeking immediate medical attention would have been hazardous to the veteran’s life or likely to result in serious harm.

     To determine eligibility or to initiate a claim contact the VA facility nearest to where the emergency service was provided. If in the Philippines the VA OPC Clinic in Manila must be notified within 72 hours of your admittance to a facility. [72 vice 48 because the clinic does not have a 7/24 number and this will cover admittance over a weekend]. This is your responsibility, not the hospital’s. The clinic number is (02) 833-4566 to 69 EXT 209 or FAX (02) 831-4454. Should the VA OPC Clinic determine that your medical condition is not service related, you will be responsible for the hospital bill. If you have other VA medical problems you would like to have corrected while in the local hospital you should not attempt to get them taken care of there as this is not authorized. Make an appointment upon discharge at the VA Out Patient Clinic. Should you decide to use Tricare vice VA care while in the hospital for a VA service connected disability, you will be required to pay the hospital upon discharge and submit your own Tricare claim. You cannot use the hospital for routine VA care unless you have a letter of authorization from the VA Clinic, Manila. Newly arrived VA patients in the Philippines must contact the clinic and schedule an appointment to establish a file if they expect VA to cover any future emergency medical expenses. [Source: VA OPC Manila AUG 03]

SSA Benefit Claim (Parent): When applying for the mother’s or father’s benefits originating from a deceased child’s SSA account the applicant, custodian or legal representative should be prepared to answer the following questions and have as many of the needed documents as possible. You should not delay filing your claim just because you do not have all the documents.
SSA will help you get them. You will be asked:

   * Your name and social security number;

   * Your name at birth (if different);

   * Your deceased child’s name, gender, date of birth and social security number;

   * Your date of birth and place of birth (State or foreign country);

   * Your deceased child’s date and place of death;

   * Whether a public or religious record was made of your birth before age 5;

   * Whether you were dependent on the worker for ½ of your support at the time of the worker’s death or at the time the worker became disabled;

   * Whether you or anyone else has ever filed for Social Security benefits, Medicare or Supplemental Security Income on your behalf (if so, SSA will also ask for information on whose Social Security record you applied);

   * Whether the deceased worker ever filed for Social Security benefits, Medicare or Supplemental Security Income (if so, SSA will also ask for information on whose Social Security record you applied);

   * Whether you have been unable to work because of illnesses, injuries or conditions at any time within the past 14 months; 
(if "Yes" SSA will also ask when you became unable to work)

   * Whether the worker was unable to work because of illnesses, injuries or conditions at any time during the 14 months before his or her death.  (If "Yes" SSA will also ask when you became unable to work)

   * Whether you or the worker were ever in the active military service or worked for the railroad industry;

   * Whether your spouse ever worked for the railroad industry;

   * Whether you have earned social security credits under another country’s social security system;

   * Whether you have married since the worker’s death;

   * The amount of the worker’s earnings in the year of death and the preceding year;

   * Whether the worker had earnings in each year since 1978;

   * The amount of your earnings for this year, last year and next year; and

   * If you are within 3 months of age 65, whether you want to enroll in Supplemental Medical Insurance (Part B of Medicare)

     Depending on the information you provide, SSA may need to ask other questions. You should bring certified copies as applicable of the death certificate, marriage contracts, birth certificates, and your checkbook or other papers that show your account number at a bank, credit union or other financial institution to sign up for Direct Deposit. [Source:  http://www.ssa.gov/online/ssa-8.html   MAY 03]

Credit Report Content: While all credit reports contain some variations in format they all give basically the following information on the consumer:

1. Personal Information: Name, DOB, current and previous address reported by your creditors. Frequent moves and job changes might negatively affect you credit score [see article on Credit Score]. Items that do not factor into your score are race, religion, gender, marital status, age, salary, employment history, where you live, or the interest charged on your accounts. Also, credit-reporting agencies do not share your SSN with companies that request your report.

2. Public Record Information: Items obtained from local, state, and federal courts such has bankruptcies, liens, judgments, garnishments, foreclosures and secured loans.

3. Collection Agency Account Information: Any account that has been turned over to collection agencies. Items listed here will affect your ability to get credit or get the best credit rate.

4. Credit Account Information: A listing of all open and closed accounts including:

     a. Credit grantor reporting the information.

     b. The last three digits of the account number reported by the grantor.

     c. If the account is joint, shared etc.

     d. The month and year the account was opened.

     e. Last date of payment, change, or occurrence.

     f. Highest amount charged or credit limit.

     g. Number of installments or cost of monthly payment.

     h. Amount owed as of the date reported.

     i. Status. Type of account, approved, not used, too new to rate, how many days balance is past due, repossession, charged off to bad debt.

     j. Date of last account update.

     k. History of times late with payments.

5. Businesses that have received your report in the last 24 months. Inquiries from multiple creditors can be negative, but requesting your own report or being offered unsolicited credit cards does not affect your score.

6. Credit Score: Scores are computed using the FICO scoring model and range from 300 to 850. A score of 720 or higher is ideal.

     Experts advise consumers to check credit reports at least once a year. You can request a report by phone or online. The fee is generally under $20 with some variations between states. For additional cost some bureaus supply monitoring services that alert you when someone requests your credit report or if you credit profile changes for the worse. Upon receipt compare all section so the report to your financial statements to see of the data matches. False reports that you are using a credit card or that you have applied for a loan may signal a simple error or an attempt by someone else to misuse your credit. If discrepancies arise, report them immediately. The three major credit bureaus in the U.S. are:

   * Equifax 1-800-685-111 or  http://www.equifax.com

   * Experian 1-888-Expirian or  http://www.experian.com

   * TransUnion 1-800-916-8800 or  http://www.transunion.com

     Each can provide credit reports online if you have a credit card to charge the fee to. All Bureaus have toll free numbers and online assistance available 7/24. Victims of identity theft can post alerts on their credit files. The alert urges the financial institutions to withhold credit without your verbal authorization. [Source: NFCU Homeport Newsletter Summer 03]

CR Update 16: Apparently the grass roots effort of our legislators' veteran constituents is starting to get their attention on the issue of Concurrent Receipt. A number of them have returned from their congressional recess and announced that if the Bush administration did not bend on the issue they would vote for Rep. Jim Marshall (D-GA) discharge petition to bring the issue to the floor of the House for discussion and ultimately a vote. Four hundred and one retired generals and admirals have written President Bush asking him to change the century-old rule depriving disabled veterans of part or all of their retirement benefits. There are signs their argument is being heard. Key House Republicans met with veteran’s groups in late AUG to discuss plans to address changes in a system that has threatened to sour relations between the president and veterans, normally some of his most loyal constituents. Participants said both full and partial restitution plans are being considered as the administration walks the fine line between alienating veterans and further driving up the budget deficit. Hill sources have indicated the following three plans are among those being considered - 100% CCR phased in over 10-years; CCR for disabilities rated as 60 to 100% phased in over 5-years; or, expanding CRSC to 50% combat related and to include Guardsmen and Reservists.
     Rick Maze, an Army Times staff writer, reports congressional sources said the Bush administration has agreed in a deal with House Republican leaders. Allegedly, he will support concurrent receipt of full-retired pay and veterans' disability compensation, backing a five-year phased end of the offset that reduces pay for about 700,000 vets eligible for both benefits. But the cost of getting President Bush’s backing for full concurrent receipt could be so high that military and veterans groups who have been pushing for concurrent receipt will refuse to accept the White House offer. Sources involved in talks with the White House and Pentagon said that in return for allowing those who have served 20 years to receive full retired and disability pay, White House budget officials want a revision of veterans' disability payments. The White House proposes giving future benefits or an increase in current disability only to those with injuries or illness linked directly to service. This could cut the number of new claims by 40 percent and prevent many veterans who get disability payments from seeing increases in the future as their health worsens. Limiting disability compensation isn’t a new idea. The Congressional Budget Office (CBO) - a bipartisan arm of Congress - has proposed for years to restrict benefits for service-connected disabilities as a way to cut federal spending. They contend that someone injured in an off-duty accident or who came down with an ailment while in the military did not have to be covered. The General Accounting Office, the investigative arm of Congress, also endorses the proposal. The idea, suggested by the congressional budget analysts, would be to make disability and death benefits similar to civilian workers' compensation, which only covers on-the-job injuries and illnesses. Congress has never adopted the idea, although disability benefits for tobacco-related illnesses have been eliminated as a service-connected disability, along with use of illegal drugs and some alcohol-related disabilities. The change would save enough money in the VA budget to fully pay for the increase in military retired pay, and possibly more. The cost, estimated at up to $5.8 billion a year, is why the Bush White House opposes concurrent receipt. The White House proposal would, in effect, provide an increase in pay for disabled retirees by cutting benefits for people now on active duty whose disabilities would prevent them from serving until retirement.
     Tired of not having their voices heard by members of congress, and broken promises from the Bush administration, Florida veterans are banding together and have formed their own political party. Veterans have officially launched the Veteran’s Party of Florida (VPF). The VPF was officially approved by the Florida Board of Elections on 28 August 2003. Florida has the second largest population of veterans in the country, so the VPF should grow rapidly into a political voice/force to be reckoned with. For more information concerning this movement contact Thom Mathey, State Secretary and Bay County’s coordinator for the Veterans' Party (850) 636-3347 or email  tmathey@arinc.com
[Source: Various 8 SEP 03]

Ceremonial Bugle [Taps]: The Department of Defense provides military funeral honors free of charge to thousands of veterans' families each year. These honors demonstrate the nation’s deep gratitude to those who, in time of war and peace, have defended their country. The ceremonial paying of respect is a final tribute to their service. Only some 500 buglers are on active duty at any given time but about 1,800 veterans [who are eligible for honor ceremonies] die each day across the country. A law effective January 2000 allows the playing of a recorded version of Taps if a live horn player is not available.
     DOD, after a six-month test, has approved the use of a push-button bugle that plays Taps by itself. This allows honor guard members vice musicians to play "Taps" at veteran funeral honors ceremonies. It contains a small device that can be inserted deep into the bell of a bugle that plays a high-quality rendition of Taps virtually indistinguishable from a live bugler. The ceremonial bugle is intended to be a dignified alternative to pre-recorded Taps played on a stereo, but will not be used as a substitute for a military musician when one is available. To use the device, a member of an honor guard needs merely to push a button and hold the bugle to his or her lips. A five-second delay gives guards time to raise the instrument to their lips as if they are going to play it. It offers several other advantages over a stereo, including increased reliability. The bugle works on two 9-volt batteries.
     Bugles can be ordered from S & D Consulting Int. Ltd., 303 East 94th Street #L, New York, NY 10128 at a cost of $525 including shipping and handling in the 48 contiguous states. Cost for shipment to Alaska and Hawaii is $545
and to Puerto Rico is $539. If you are a Non for Profit organization or you are outside New York State, you do not pay Sales Tax. Ordering on line and payment by credit card is possible at  http://www.ceremonialbugle.com The Ceremonial Bugle carries a 1-year warranty. It comes complete with an authentic bugle, music insert and hard case for protection plus a manual explaining how the Ceremonial Bugle Funeral Honors should be performed as well as operation and maintenance instructions. Additional info can be obtained at (212) 426-3268, Fax (212) 369-9491 or info@ceremonialbugle.com   [Source: DoD News Release No. 652-03 dtd 3 SEP 03]

Agent Orange Retroactive Benefits: The Department of Veterans Affairs (VA) is adding a new provision to its adjudication regulations concerning certain awards of disability compensation and dependency and indemnity compensation (DIC). The new rule explains that certain awards of disability compensation or DIC made pursuant to liberalizing regulations concerning diseases presumptively associated with herbicide exposure may be made effective retroactive to the date of the claim or the date of a previously denied claim. This can happen even if the claim date is earlier than the effective date of the regulation establishing the presumption. The new rule also provides that VA may pay to certain survivors of a deceased beneficiary, or to the beneficiary’s estate, any amounts the beneficiary was entitled to receive under the effective date provisions of this rule, but which were not paid prior to the beneficiary’s death. The purpose of this rule is to reflect the requirements arising from court orders in the class action litigation in Nehmer v. United States Department of Veterans Affairs, No. CV-86-6160 TEH (N.D. Cal.). Effective Date: September 24,2003.  [Source: NAUS Update 5 SEP 03]

Wall Commemoration Recognition: Every spring there is a ceremony alongside the Vietnam Veterans Memorial that commemorates those whose deaths were attributable to the Vietnam War but whose names are not on The Wall. These would include those who died from Agent Orange complications, suicide, etc. In order for a loved one to be honored at the In Memory ceremony, one must call the Vietnam Veterans Memorial Fund at (202) 393-0090 and request an application. The application must be returned with a copy of the DD-214, the death certificate, and two photographs. After the application has been reviewed and approved, the name will be added.
[Source: Wm. Sawyer  http://silverrose.org  SEP 03]

ID Card [CAC]: DOD in OCT 03 plans to make the Common Access Card (CAC) the standard form of identification card, as well as a token for physical and logistical access, for all active-duty military, selected Reserves, DOD civilians and eligible contractor personnel. The CAC costs about $8. It is about the size of a credit card and embedded in the card is a small gold-colored computer chip with 32 kilobytes of usable data space for storing information. It also has a magnetic strip that allows information in the chip to be electronically scanned and interfaced with other computer systems. About 7 kilobytes of space are reserved for the services to program the cards for certain applications, such as the USMC for the tracking of weapons issued by armories. DOD does not plan to convert the ID cards of family members, retirees, members of the Inactive Guard and Inactive Ready Reserve or disabled veterans because no requirement has been identified to justify the expense. However, if at some time in the future a need for issuing the CAC to persons in these categories arises, DOD would consider revising its policy.
[Source: NAUS Update 22 AUG 03]

Tricare & VA Combined Care: On August 19, 2003, DOD published a new proposed rule (Volume 68, Number 160) in the Federal Register. This proposed rule clarifies one piece of TRICARE’s coordination of benefits problem with the Department of Veterans Affairs (VA). Under the current policy, beneficiaries who are eligible for both TRICARE and VA health benefits may use only one program for a specific episode of care (care of a specific diagnosis and its subsequent treatment/treatments). The new rule will allow beneficiaries to use TRICARE benefits to augment or replace services being provided through the VA, while ensuring that neither department duplicates treatment. The effect of the proposed change will allow individuals who are receiving care from the VA to change to care provided by TRICARE for the same episode of care. The VA will be responsible for payment for the services they provide through their facilities and TRICARE will pay for any services provided through their Prime, Extra or Standard programs. As long as the care is considered medically necessary and is not found to duplicate the care provided by the other service, the new rule ensures freedom of choice for beneficiaries who have entitlement to both TRICARE and VA benefits. The proposed rule notice that is posted in the Federal Register at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-21012.htm
[Source: NAUS Update 22 AUG 03]

Internet Taxation: The U.S. Senate Commerce Committee has toughened an existing ban on Internet access taxes by voting to make it permanent and requiring nine states to repeal existing taxes on access fees. The measure would make permanent a ban on the access taxes currently due to expire in November, and would require states that have existing taxes in place to remove them within three years.
     Access taxes levied on the monthly fees Internet users pay to providers have been prohibited under a temporary ban since 1998, but nine states who had such taxes in place before the ban was enacted are currently allowed to keep them. The nine states: New Hampshire, New Mexico, North Dakota, Ohio, South Dakota, Tennessee, Texas, Washington and Wisconsin take in between $3.6 million and $45 million each year from such taxes. The committee also extended the ban to include all forms of Internet access, closing a loophole that Internet businesses had feared could be used to tax wireless and high-speed service.
     The House of Representatives Judiciary Committee approved a similar bill two weeks ago. The measure must be passed by both houses of Congress and signed by President Bush before it becomes law. Once it become law we should then stop seeing the semiannual Hoax emails regarding this subject. The ban does not apply to online sales taxes, which are prohibited by a Supreme Court decision unless the retailer has a substantial presence in that state. Many states, facing revenue crunches, have argued that the Internet is now a mature business like any other and should be taxed accordingly. But their appeals to allow online access or sales taxes have found little support this year.
[Source: Reuters 31 JUL 03 http://www.reuters.com/newsArticle.jhtml;jsessionid=POS51XNCZCCHSCRBAEOCFFA?type=internetNews&storyID=3199303 ]

FDIC Insurance: Many retirees invest in money market accounts and certificates of deposit because they pay high annual interest rates and are protected by the Federal Deposit Insurance Corporation (FDIC). Because the basic insured amount of a depositor is limited to $100,000 it is necessary to diversify your accounts to maintain coverage if you have more than this to invest. However, it may not be convenient to establish different accounts in different financial institutions to minimize the likelihood of loss. Since FDIC provides separate coverage for different categories of legal ownership, it allows depositors to have more than $100,000 in one FDIC-insured financial institution. The most common categories of ownership are individual, joint, and testamentary (trust) accounts. Other categories include retirement and business accounts. As an example, if a husband and wife have $600,000 that they want to put in money market accounts. The table below shows how they can maximize their FDIC insurance up to the full $600,000 using the following different account type:

Individual Accounts
Husband $100,000 Balance Insured $100,000
Wife$100,000 Type Balance Insured $100,000
Joint Accounts
Husband and/or Wife $200,000 Balance Insured $200,000
Testamentary (Trust) Accounts
Husband In Trust For Wife $100,000 $100,000
Wife In Trust For Husband $100,000 $100,000
Qualifying beneficiaries include parent, brother, sister, spouse, child, or grandchild of the owner.
Total Investment $600,000 & Total Balance Insured $600,000.

[Source: http://www.fdic.gov AUG 03]

Federal Retirement for Vets: Active military service such as cadet or midshipman periods that are not creditable toward military retirement can be used toward federal retirement. To include military service in civilian pensions, veterans hired under the Federal Employee’s Retirement System [FERS] after 1 OCT 82 must deposit 3% of their total military earnings into a federal retirement account. The payment is interest free during the first three years of employment and thereafter any balance remaining will require interest to be included in the payments. Veterans hired before 1 OCT 82 who have enough earnings under Social Security to qualify for SS benefits have two federal retirement options. They can make the 3% deposit and get full credit for their military service throughout retirement. Or, they can waive the deposit and get full credit for their military service until they reach age 62 and become eligible for social security. At that point the military portion of their retirement credit is taken away.  
[Source: MOAA Magazine AUG 03]

VA Presumptive AO Conditions [Vets]: The following health conditions are presumptively recognized for service connection. Vietnam veterans with any of these conditions do not have to show that the illness is related to their military service to get disability compensation. A current medical diagnosis of the condition and a DD Form 214 showing Vietnam Service is normally all that is needed to accompany a completed Veterans Application For Compensation or Pension VA Form Number 21-526.

1. Chloracne (must occur within 1 year of exposure to Agent Orange). Chloracne is a skin condition that looks like common forms of acne seen in teenagers. The first sign may be excessive oiliness of the skin. This is accompanied or followed by numerous blackheads. In mild cases, the blackheads may be limited to the areas around the eyes extending to the temples. In more severe cases, blackheads may appear in many places, especially over the cheekbone and other facial areas, behind the ears, and along the arms.

2. Non-Hodgkin’s lymphoma is a group of malignant tumors (cancers) that affect the lymph glands and other lymphatic tissue. These tumors are relatively rare compared to other types of cancer, and although survival rates have improved during the past two decades, these diseases tend to be fatal.

3. Soft tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma.) Soft tissue sarcoma is a group of different types of malignant tumors (cancers) that arise from body tissues such as muscle, fat, blood and lymph vessels, and connective tissues (not in hard tissue such as bone or cartilage). These cancers are in the soft tissue that occurs within and between organs.

4. Hodgkin’s disease is a malignant lymphoma characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.

5. Porphyria cutanea tarda (must occur within 1 year of exposure.) Porphyria cutanea tarda is a disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas.

6. Multiple myeloma is a cancer of specific bone marrow cells that is characterized by bone marrow tumors in various bones of the body.

7. Respiratory cancers, including cancers of the lung, larynx, trachea, and bronchus.

8. Prostate cancer is a cancer of the prostate and one of the most common cancers among men.

9. Peripheral neuropathy (transient acute or sub-acute. It must appear within 1 year of exposure and resolve within 2-years of date of onset.) A nervous system condition that causes numbness, tingling, and muscle weakness. This condition affects only the peripheral nervous system, that is, only the nervous system outside the brain and spinal cord. Only the transient acute (short-term) and sub-acute forms of this condition (not the chronic persistent form) have been associated with herbicide exposure.

10. Diabetes mellitus: Often referred to as Type 2 diabetes: A condition characterized by high blood sugar levels resulting from the body’s inability to respond properly to the hormone insulin.

11. Chronic lymphocytic leukemia (Final rule and regulations pending). A disease that progresses slowly with increasing production of and older) who live in areas where it's offered.

VA health care providers occasionally see combat veterans with multiple unexplained symptoms or difficult-to-diagnose illnesses that can cause significant disability. Two new VA centers offer specialized evaluations for combat veterans with disabilities related to these difficult-to-diagnose illnesses. The centers, called War Related Illness and Injury Study Centers

   * WRIISCs (pronounced "risks") are at the VA Medical Centers in Washington, DC, and East Orange, NJ. Veterans who were deployed to combat zones, served in areas where hostilities occurred, or were exposed to environmental hazards while on duty may be eligible for services.

[Source: NAUS Weekly Update for 22 August 2003]

VA Presumptive AO Conditions [Kids]: The following health conditions are presumptively recognized in children of veterans for service connection. Vietnam veteran’s children with any of these conditions do not have to show that their illness is related to their parent’s military service to get disability compensation. A current medical diagnosis of the condition and a DD Form 214 showing the parent’s Vietnam Service is normally all that is needed to accompany a completed Veterans Application For Compensation or Pension VA Form Number 21-526.

   * Spina bifida (except spina bifida occulta): A neural tube birth defect that results from the failure of the bony portion of the spine to close properly in the developing fetus during early pregnancy.

   * Other (than spinal bifida) disabilities in the children of women Vietnam veterans.

"Covered birth defects" means any birth defect identified by VA as a birth defect associated with the service of women Vietnam veterans in Vietnam from 28 FEB 61 to 7 MAY 75, and that has resulted, or may result, in permanent physical or mental disability. However, the term does not include a condition due to a familial (this is, inherited) disorder; birth-related injury; or fetal or neonatal infirmity with other well-established causes.

Covered birth defects include, but are not limited to, the following conditions:

  (1) achondroplasia,
  (2) cleft lip and cleft palate,
  (3) congenital heart disease,
  (4) congenital talipes equinovarus (clubfoot),
  (5) esophageal and intestinal atresia,
  (6) Hallerman-Streiff syndrome,
  (7) hip dysplasia,
  (8) Hirschprung’s disease (congenital megacolon),
  (9) hydrocephalus due to aqueductal stenosis,
(10) hypospadias,
(11) imperforate anus,
(12) neural tube defects,
(13) Poland syndrome,
(14) pyloric stenosis,
(15) syndactyly (fused digits),
(16) tracheoesophageal fistula,
(17) un-descended testicle, and
(18) Williams syndrome.

   ** Not covered are conditions that are congenital malignant neoplasms, chromosomal disorders, or developmental disorders. In addition, conditions that do not result in permanent physical or mental disability are not covered birth defects. All birth defects that are not excluded under the language above are covered birth defects. [Source: Extracted from Agent Orange Review, Vol. 19, No 2, Dated July 2003]

Reserve Health Benefit Improvements: The Pentagon has strong objections to providing full-time military health care to part-time service members, creating doubts about whether a planned study of Guard and reserve health benefits will lead to any changes. In a July 23 memorandum prepared by the Pentagon comptroller, military officials said they object to the cost of improving benefits for reservists, the additional administrative burden and the possible adverse impact on the morale of active-duty members and their families. Under threat of a veto of the 2004 defense authorization bill, House and Senate negotiators have agreed to temporarily shelve a Senate-passed proposal that would greatly expand Guard and reserve health-care benefits. Instead, the final version of the defense authorization bill will ask the Defense Department to do a one-year study of options for improving reserve health care. However, congressional aides feel the comptroller memo that lays out the Bush administration’s views on pending legislation raises doubts about whether the Defense Department would ever support an expansion of reserve health coverage.
     Current law gives coverage to reservists only when they are drilling or mobilized and provides family coverage only when a member is on active duty for 30 or more days. The bipartisan Senate initiative would have made two significant changes. First, it would have allowed National Guard and reserve members to enroll in the military’s Tricare health-insurance program when on inactive status, although reservists would have to pay an annual premium not required of active-duty families. Second, it would have required the Pentagon to pay private health-insurance premiums for mobilized reservists who decide to keep their private insurance for family coverage rather than converting to Tricare. Payments for private premiums would be capped at the amount it would cost the military to provide its own health-care coverage.
     These measures would, if approved, provide continuous coverage for reservists and their families to avoid complications that arise during mobilization and ensure reservists and their families have health coverage. DoD’s main objections are

   * the cost of providing Tricare coverage to reservists, which could run as much as $5.1 billion a year and would drain money from other programs.

   * providing families of reservists benefits similar to those of active-duty troops could lead to morale problems by creating an unfair benefit advantage for reservists relative to active duty, given the amount of time they spend on active duty.

   * It would be administratively burdensome to pay thousands of health-insurance plans across the country for varying benefit levels and would require creating an extensive bureaucracy to administer the program

   * Paying private premiums for reservists also would create another possible inequity in that some active-duty families might feel that their health coverage was not as good as that given to reservists.

[Source: Army times reporter Rick Maze rmaze@atpco.com AUG 03]

CR Update 15: Opponents of CR and extension of Tricare to the Reserves & Guard have used a variety of figures and sources in addressing how many veterans would be affected and its subsequent impact on the budget. Mostly, these figures are inflated. According to NGAUS the Pentagon is using extreme cost figures to scare Congress from extending the military health-care program to Guardsmen and Reservists. Defense Secretary Rumsfeld told lawmakers in a July 8 letter that such a Tricare expansion would cost $5.1 billion a year, forcing cuts in other areas of the defense budget. The amount is 17 times the $300 million the nonpartisan Congressional Budget Office [CBO] estimated for the program earlier this year. The $5.1 billion figure is wildly out of sync with every enrollment and cost projection and appears to be yet another attempt by the administration to sway Congress from providing enhanced benefits to the military community. The same approach is being taken in the area of CR where estimates of the number of retirees who would draw CR because they are currently drawing VA Disability Pay while giving up the same amount of military retired pay have ranged from 670,000 to 750,000 veterans. The DOD’s Actuary Office report reflects military personnel receiving and not receiving retirement pay from the DoD. As of 30 SEP 02. The total number of military retirees was 1,894,616 and the total number of retirees paid by the DoD was 1,715,351. The report clarifies that the retired number includes retirees whose net pay is zero or less after any survivor benefit premium [SBP] deductions and/or various other offsets such as Veterans Administration payments. DFAS responded to A FOIA request dated 10 June 2003 that the total number of military retirees with disability was 560,820 which is 18% to 25% lower than the administration’s figures. This figure is more realistic considering the Congressional Budget Office (CBO) provided the below figures to the House and the Senate during the 2003 National Defense Authorization Act (NDAA) debate. Using the 2002 numbers of rated retirees and the 2003 VA monthly compensation figures by disability percentage the annual cost by rating level for full CR monthly and annual is projected below. Of course, these amounts would be subject to taxes whereas VA compensation is not. So the overall impact on the budget would be less than shown:

Disability Rating %:  100 = 14490 @ $2193 = $31,776,570 x 12 = $381,318,840

Disability Rating %:    90 = 4232 @ 1317 = $ 6,495,444 x 12 = $ 77,945,328

Disability Rating %:    80 = 9200 @ 1171 = $10,773,000 x 12 = $129,276,000

Disability Rating %:    70 = 13806 @ 1008 = $13,916,448 x 12 = $166,997,737

Disability Rating %:    60 = 24467 @ 801 = $19,598,067 x 12 = $235,176,884

Disability Rating %:    50 = 25220 @ 633 = $15,963,260 x 12 = $191,559,912

Disability Rating %:    40 = 55242 @ 445 = $24,582,690 x 12 = $294,992,280

Disability Rating %:    30 = 75348 @ 310 = $23,357,880 x 12 = $280,294,560

Disability Rating %:    20 = 98656 @ 201 = $19,829,856 x 12 = $237,958,330

Disability Rating %:    10 = 170116@ 104 = $17,692,064 x 12 = $212,304,804

Disability Rating %:      0 = 1113 @         0 = $                     -0-  =  -0-

The CBO’s figures total 492,390 retirees held a VA rating in 2002. DFAS figures indicate an increase in rated retirees of 68,430 or 13.9% which is difficult to believe considering the backlog of veterans that are currently waiting for an appointment to verify eligibility for a rating. Regardless, taking into account a 13.9% increase in rated retirees over what the 2002 COB figures reflect the proposed annual cost by the Senate and House for their respective bills appears fairly accurate. The House bill’s estimated annual cost to provide CR to 60% rated and above at $979.4 million whereas, Senate’s bill estimated annual cost to provide CR to all retirees at $2.2 billion.
     Since 1973, sixty-five bills dealing with concurrent receipt have been allowed to die in committee. Most have done so because Congress at the time did not want to bite the financial bullet and correct this inequity to the retiree community. The numbers game has been a consistent factor in killing these bills. You would think our representatives could be more aware of the true figures to base their decisions on rather than using inflated ones as an excuse to not support the issues. Veterans need to voice their disgust over these congressional antics to their representatives and many have. More pressure than ever is being placed on congressional leadership to do something. Last year this ended in a compromise that resulted in granting CRSC. This year there are enough bill cosigners to override a threatened presidential veto on CR. However, the word from the hill is that Congress would rather not confront Bush on full CR. Instead, there is talk of a compromise of granting CR to the higher percentage ratings and addressing the others in out years. A current rumor is that there is a 10-100-10 proposal being discussed. This means over ten years each of the 10 disability ratings would be phased in starting with the 100% rating. Thus the above cost projections by rating would be easier for the administration to accept. However, bear in mind this is only a rumor. At present there is no indication Bush would go along with this and it could well be another congressional ploy to sidestep the issue. Obviously cost is a factor that Congress must take into consideration but it did not seem to matter when it came to the President’s tax cuts. Considering the administration’s position regarding CR along with other retiree and veteran issues [i.e. VA health care funding, SBP reform, military tax reform, active duty survivor death benefit, and reserve retirement] veterans are still being treated as second class citizens. Come election time it is imperative that all veterans not only vote but remember which politicians stood by them on these issues. [Source: Various 18 AUG 03]

GI Bill Update 4: Education benefits for reservists will increase 1.5 percent in OCT 03, bringing the monthly payment for full-time students to $276. The modest increase was announced in a Federal Register note. It was calculated to keep pace with the rising overall price of goods and services but not necessarily to match either the increase in tuition costs or the much more generous increases in GI Bill education benefits for active-duty members and veterans of active duty. Montgomery GI Bill benefits for active-duty members and for veterans who had enrolled in the GI Bill program and spent three or more years on active duty are, by comparison, set at $985 a month today for full-time students. Benefits are set to increase to $1,200 a month on Jan. 1 on a three-phase plan approved by Congress two years ago that cumulatively increased benefits by 46 percent.
     The chief reason for the dramatically different treatment of active and reserve GI Bill benefits, according to congressional aides, is one of jurisdiction. Active-duty GI Bill benefits are paid by the VA and are overseen in Congress by the House and Senate Veterans Affairs committees, which have, in a bipartisan move, tried to increase benefits to come closer to covering the total cost of getting a degree at a four-year public college. For VA and the veterans committees, the GI Bill is seen as a readjustment benefit to help people leaving the military prepare for civilian life. The reserve GI Bill is paid by DoD, which sees education benefits for reservists primarily as a recruiting tool. In Congress, the House and Senate Armed Services committees oversee the program. They have sided with the Pentagon in deciding there are more cost-effective ways of recruiting than to provide GI Bill increases that would go not just to new recruits but to people already in the reserves.
[Source: RSO Fort Douglas UT msg. 23 AUG 03]

DEERS OCONUS Comms: The Defense Enrollment Eligibility Reporting System (DEERS) is the computerized data bank that lists all active and retired military and their dependents. Active duty and retired members are listed automatically but they must take action to list their dependents and report any changes to family member’s status (i.e. marriage, divorce, birth of a child, adoption, COA, etc.). Tricare contractors check DEERS before processing claims to make sure patients are eligible for Tricare benefits. When new or updated ID cards are obtained this information is updated. However, in the interval between applying for replacement ID cards it is necessary for sponsors to keep DEERS data current. This can be done in person at any ID card issuing activity, online at http://www.tricare.osd.mil/DEERSAddress or by phone, email, or letter depending on the data that must be updated. If you have questions or require assistance in the states contact the Defense Manpower Data Center (DMDC) Support Office at (800) 361-2508.
     The DEERS phone center, located on the West Coast of the US, now offers a toll free beneficiary inquiry telephone number accessible to OCONUS beneficiaries residing the Philippines, Japan, and Korea. The phone center hours are from 0600 to1530 PST M-F (except holidays). Numbers to call are Philippines 1-800-1-114-1235, Japan 00531-1-20731, and Korea 00798-14-800-5570. An email POC at DEERS that can be used in lieu of the phone numbers is addrinfo@osd.pentagon.mil Items that can be verified, obtained, are changed by phone or email are:

   * Verification that a dependent is currently registered in DEERS.

   * Change a TIN to a FIN number to avoid termination of Tricare eligibility after 90 days.

   * Change of address or contact information.

Letters should be mailed to DSO, 400 Gigling Road, seaside, CA 93955-6771. These can be used to obtain the information above and are mandatory to change or correct the following:

   * Removal of a spouse from benefits. A certified copy of the divorce decree, annulment or legal separation must accompany the letter.
[Note: There is no divorce in the Philippines]

   * Correction of a wrong or misspelled name in the data banks. A certified copy of the birth certificate/marriage certificate, etc. must accompany the letter.

[Source Tricare Pacific Lead Agent & DMDC AUG 03]

ID Card Numbers: In addition to the social security number (SSN) of the sponsor, a dependent’s military ID card and DEERS enrollment must contain an identifying number specific to that individual. For U.S. citizens this is normally the dependent’s SSN that was obtained within their first year of birth to enable them to be claimed as a dependent on the parent’s annual tax returns. When a SSN is not available and DEERS enrollment is requested one of the following numbers will appear on the applicant’s ID card based on what you tell the ID card issuing activity:

(1) TIN. A Temporary Identification Number (TIN) is assigned if no information is provided or a SSN for the dependent has been applied for but not yet received. If the Social Security administration (SSA) has not provided an SSN within 90 days, the TIN can be extended a second, additional 90 days. If the cardholder still does not have their SSN from the SSA by the end of the 180 days but it’s not their fault, AFPC/DPSFR can extend that record for an additional 90 days total max for a TIN -- 270 days. You can recognize the number as a TIN because it will start with the numeral “8” and end with the letter “D”.

(2) ITIN. Most foreign-born dependents residing overseas are not eligible for a SSN. However, all are eligible to apply for an IRS Individual Tax Identification Number (ITIN) to allow them to file or be claimed as a dependent on a sponsor’s annual tax returns. An ITIN can be obtained by completing IRS Form W-7 or W-7A and sending it to the Internal Revenue Service, PSC/ITIN DP426, PO Box 447, Bensalem, PA 19020. Forms can be downloaded in PDF format from http://www.irs.gov/forms_pubs/forms.html or filled out at your local RAO. If obtained, the ITIN can be substituted for the TIN upon initial application. You can recognize the number as an ITIN because it will start with the numeral “9” and have no associated letters.

(3) FIN. If SSA maintains the dependents are not eligible for a SSN or ITIN, alien dependents will receive a Foreign Identification Number (FIN) if the ID card issuing activity is informed of this. You can recognize it as a FIN because it will start with the letter “F” followed by a number sequence that commences with the numeral “9“.

     Unfortunately, with the current DEERS software, if a TIN was originally assigned, the Tricare verifying office (VO) can only change it to an ITIN or SSN if notified in writing but not to a FIN. Therefore, until RAPIDS 6.3 release, if the alien family members have a TIN and the sponsor’s record is opened for whatever reason the VO gets the 90 day notice and an update is subsequently sent to DEERS starting the 90 day clock. If the clock starts and nothing is done, the dependent’s benefits will terminate 90 days from the date the last DEERS update was sent to DMDC. If the alien family members will never receive an SSN, the DEERS Support Office (DSO) in Monterey CA needs to be contacted to have them update the dependent record to a an ITIN if the family member has one, or a FIN.
     Navy personnel with dependents already enrolled in DEERS can update TIN numbers to FIN/ITIN/SSN numbers by forwarding their requests to Department of the Navy, Navy Personnel Command (PERS-332B), 5720 Integrity Drive, Millington, TN 38055-3320. Ensure requests contain the sponsor’s name and SSN. To establish enrollment for new dependents or update your current dependent’s eligibility for benefits, provide the above information with their initial or renewal ID Card application to the local ID card issuing activity. If your ID Card request is by mail send to Naval Reserve Personnel Center, 4400 Dauphine Street, New Orleans, LA 70149-7800, Attn: Code N332. Air Force and Army personnel should contact their ID card issuing activities to determine how to update status to prevent discontinuance of Tricare benefits. Bottom line, it is advisable to apply for an ITIN as soon as you acquire a foreign born non-U.S. citizen dependent to ensure their continued eligibility for medical care under Tricare and avoid problems down stream. If you need assistance contact your local RAO.  [Source: Various AUG 03]

DEERS - Former Spouse: The Social Security number (SSN) used to verify TRICARE eligibility in the Defense Enrollment Eligibility Reporting System (DEERS) for un-remarried former spouses is changing. Starting Oct. 1, 2003, DEERS will reflect TRICARE eligibility for these beneficiaries using the un-remarried former spouse’s own SSN and not the former sponsor’s. Health care information will be filed under the un-remarried former spouse’s own SSN and name. These beneficiaries will now use their own name and SSN to schedule medical appointments and to file TRICARE claims. The current Uniformed Services Identification and Privilege Card, DD Form 1173, held by the un-remarried former spouse is still valid until it expires. Upon renewal, the un-remarried former spouse will be issued a replacement Department of Defense/Uniformed Services Identification and Privilege Card, DD Form 2765.
     The Defense Manpower Data Center Support Office is sending a letter to all beneficiaries affected by this change. The letter explains the new DEERS eligibility verification procedures and serves as official notification from DoD regarding this change. The letter does not, however, provide proof of continued eligibility for TRICARE health care benefits.
     After Oct. 1, 2003, un-remarried former spouses may contact or visit the nearest identification card issuing facility for questions or assistance. Locations can be found online at http://www.dmdc.osd.mil/rsl Un-remarried former spouses should always keep their DEERS information current and up-to-date. For questions regarding their medical records, they should contact the Military Treatment Facility and medical records department where their DoD medical records are stored.
[Source: TRICARE News Release No. 03-16 August 19, 2003 http://www.tricare.osd.mil ]

Agent Orange 50/50 Test: On June 9, 2003 the Supreme Court ruled in a decision that affirmed the 2nd Circuit ruling that after the beginning of January 1995 veterans could bring new lawsuits against the manufacturers of Agent Orange (AO). The standard for positive action by the Department of Veterans Affairs is that a disorder can be compensated if it is “at least as likely as not” to have been caused by Agent Orange a 50/50 balancing test. To bring a successful suit in civil court against the chemical companies who manufactured AO it must be proven that the veteran’s medical condition is more likely than not caused by AO exposure. This is a higher level of certainty than the standard used by the Department of Veterans Affairs. Under very strict rules that have been put in place in various courts a case cannot proceed without having a scientist or medical doctor testify to the “more likely than not” level of certainty with a substantial basis for their testimony. Many of the top medical and scientific specialists in the world believe that they could testify to a standard of “as likely as not” level of certainty but not to “more likely than not“. This means that at the present time law firms cannot proceed in a civil court setting and be able to prove that Agent Orange causes many of the cancerous conditions veterans are experiencing. Veterans interested in this issue who have access to email can request their name be placed on a list that will provide updates on the status AO litigation at Gerson@texasinjurylaw.com

[Source: http://www.texasinjurylaw.com 23 AUG 02]

Tricare Catastrophic Cap: The National Defense Authorization Act for Fiscal years 1988 and 1989 authorized catastrophic loss protection [Cat Cap] for TRICARE beneficiary families on both a fiscal year (FY) basis and an enrollment year basis (for beneficiaries enrolled in TRICARE Prime). The FY runs from 1 October through 30 September. The enrollment year is based upon the anniversary date of Prime enrollment. Once the Cat Cap is satisfied, TRICARE will pay the full allowable amount for all covered services or supplies for the remainder of the FY or enrollment year. Amounts are applied to the Cat Cap based upon the date the services were provided. The Cat Cap for active duty families (ADFMs) is $1,000 per year. For all other beneficiary categories, the Cat Cap is $3,000. The Cat Cap includes expenses associated with Prime enrollment fees, outpatient and inpatient cost shares and co-payments, deductibles, and deductibles and cost shares associated with the Prime point of service (POS) option. There are, however, several aspects surrounding the accumulation and application of the Cat Cap that are worth noting. Answers to the most commonly asked questions on Cat Cap follow:

(1) Since normal cost shares and co-payments are no longer collected from ADFMs enrolled in either Prime or TRICARE Prime Remote (TPR), the enrollment year cap has been eliminated. Any authorized deductibles and cost shares accumulated by ADFMs are applied only to the FY Cat Cap;

(2) TRICARE Standard/Extra beneficiaries are subject to only the fiscal year Cat Cap. Expenses for Prime enrollees who are other than active duty or ADFMs are applied to both the FY and enrollment year Cat Caps;

(3) Authorized expenses accumulated by non-ADFM Prime enrollees are applied to both the FY and enrollment year caps. When either of these caps is met, TRICARE will pay the entire allowable amount for the remainder of the FY or enrollment year as appropriate;

(4) Although deductibles and cost shares associated with POS are applied to the Cat Cap, they are not subject to the cap. For example, if the Prime or TPR spouse uses the POS option, he or she will continue to pay the $300 deductible and 50 percent cost share, even though these amounts may exceed the cap. Care for other family members, however, would be fully covered up to the allowable amount since the family cap has been met;

(5) The cost of non-covered services is neither accrued towards, nor subject to, the Cat Cap. If a beneficiary gets a non-covered service such as chiropractic care, he or she will be responsible for the full-billed amount with no effect on the Cat Cap;

(6) When a beneficiary uses an authorized provider who refuses to accept TRICARE, the law limits patient liability to either the billed amount or 115 percent of the allowable amount, whichever is less. If a beneficiary uses a provider who refuses to accept TRICARE, only the allowable amount will be considered by the Cat Cap. Any amount beyond the allowable amount will be the responsibility of the patient. These excess charges will not be credited towards the Cat Cap;

(7) TRICARE contractors are required to track and maintain Cat Cap information for all family members residing within the same contract region. Families with members residing in more than one region must track their own Cat Cap information. If the cumulative enrollment or FY Cat Caps are exceeded, the patient should show evidence of patient payments from other regions to make sure that the family living in two or more regions does not make excess payments.

     There are many variables that can affect the processing of claims. If you question the accuracy of your Cat Cap information you should contact either the Beneficiary Counseling and Assistance Coordinator (BCAC) at the nearest military hospital or send an E-Mail message to TRICARE Help E-mail Service (THEMS) at TRICARE_Help@amedd.army.mil The amount of Cat Cap accumulated for the fiscal year appears on the Explanation of Benefits [EOB] provided by your Region’s Tricare contractor in response to your claim. You can locate the nearest BRAC on the BCAC Directory http://www.tricare.osd.mil/BCACDirectory.htm

[Source: THEMS Newsletter July 2003 Volume 2, Issue 7]

SSA Benefit Claim (Child): When applying for a son or daughter benefits originating from a deceased parents SSA account the applicant [i.e. child, custodian or legal representative] should be prepared to answer the following questions and have as many of the needed documents as possible. You should not delay filing your claim just because you do not have all the documents. SSA will help you get them. You will be asked:

   * Your name and social security number;

   * The deceased worker's name, gender and social security number;

   * Your name at birth (if different);

   * Your date of birth and place of birth (State or foreign country);

   * Whether you or anyone else has ever filed for Social Security benefits, Medicare or Supplemental Security Income on your behalf (if so, they will also ask for information on whose Social Security record you applied);

   * Whether you have ever worked for the railroad industry;

   * Whether you have been unable to work because of illnesses, injuries or conditions at any time within the past 14 months (if "Yes," they will also ask when you became unable to work)

   * Whether the worker has a surviving parent who was dependent on the worker for 1/2 of his or her support at the time of the worker's death;

   * Whether you have earned social security credits under another country's social security system;

   * Whether you qualified for or expect to receive a pension or annuity based on your own employment with the Federal Government;

   * The names, dates of birth (or age) and social security numbers (if known) of any of your or the worker's former spouses;

   * The dates of each of your marriages and, for marriages that have ended, how and when they ended;

   * The dates of each of the worker's marriages and how and when they ended;

   * The names of any unmarried children under 16 or disabled in your care;

   * The amount of your earnings for this year, last year and next year; and

   * Whether you and the deceased worker were living together at the time of death.

     Depending on the information you provide, SSA may need to ask other questions. You also should bring certified copies as applicable of the death certificate, marriage contracts, birth certificates, and your checkbook or other papers that show your account number at a bank, credit union or other financial institution to sign up for Direct Deposit. [Source: http://www.ssa.gov/online/ssa-8.html MAY 03]

Fair Tax Act: Fair Tax Act of 2003 H.R. 25 was introduced in Congress 7 JAN 03 by Rep John Linder. It currently has 32 cosponsors and no organized opposition. Its stated purpose is "To promote freedom, fairness and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the states. If The Fair Tax Act were to become law, the following would happen.

   * The law establishing the federal income tax would be repealed, both for individuals and for businesses.

   * A constitutional amendment repealing the 16th Amendment would be sent to the states for ratification.

   * All laws providing for payroll taxes for the funding of Social Security and Medicare would be repealed.

   * A sales tax would be instituted on the sale of all goods and services at the retail level. This retail sales tax would replace all payroll and federal income taxes.

   * Government funding would remain at present levels, and no changes would be made to Social Security and Medicare other than the method of funding those programs.

     With the passage of H.R.25 people would receive 100 percent of their paycheck. They would only pay tax on the money they spend at the retail level. All savings and investments would be tax free. Any money spent at the retail level would carry a 23 percent sales tax.
     A 23% sales tax may sound high until you consider there are the embedded taxes on every single product or service you purchase at the retail level. Harvard economists have estimated this embedded tax to be around 22 percent of the cost of those goods. That 22 percent represents the payroll taxes and corporate business and income taxes paid by every manufacturer, shipper, wholesaler, merchandiser and retailer having any connection whatsoever with the product you have purchased. These taxes are all added to the cost of consumer goods. As soon as these taxes vanish, economists agree that competitive market pressures will immediately cause prices at the retail level to fall. If prices decrease by over 20 percent and you start paying a 23 percent sales tax the overall costs of things would be the same. However, since people would not be taxed on their income they would retain all of their paycheck and every dollar they do not spend at the retail level remains untaxed. The Fair Tax Act provides that no family, rich or poor, will pay sales taxes on the basic necessities of life. The cost of these basic necessities is set at the federally determined poverty level for various sized families. At the beginning of every month the head of every household in America will receive a check, or an electronic credit to their bank account, in an amount equal to the sales tax they would pay on the basic necessities for their sized family. This provision is completely neutral as to income, so class warfare political rhetoric becomes useless. Most people are not aware of this legislation which was initially introduced as H.R.2525 in the last congress. To become law they need to let their elected officials know that they want some action. If you have interest in reducing your tax burden check out http://www.fairtax.org which explains in detail how the law would work.
[Source: http://www.fairtax.org AUG 03]

CRSC Update 8: Approved Combat Related Special Compensation (CRSC) applications will only be granted to a very small percentage of retired Disabled Veterans. Those who will not receive it must wait until the administration allows Concurrent Receipt (CR) to be made into law. The latest official count of CRSC applications that have been received at the services' CRSC boards are Army -- 14,500; Air Force -- 5,549; and Navy/Marine Corps -- 4,700. So far only about 600 have been approved. The gain of a new computer at the Air Force Board to access the Department of Veterans Affairs data base and another one to be connected soon are expected to help the their application processing. Lack of documentation is still the leading cause for delays. A copy of the original VA rating is crucial since it has all the reasons the VA allowed the condition and might be all this is needed to show a CRSC connection. Subsequent VA ratings only have the increase or decrease, but don't explain the reason the condition was given service connection or what it is connected to (like hypertension to Diabetes).
     Individual Unemployability (IU) and Special Monthly Compensation pay (SMC) are two other issues holding up at least 900 applications which are 90% approved The decisions regarding them are stalled in DOD's policy/legal review process. The initial delay was over compliance (legal) issues, but now the policy has carried over to discussions with the Armed Services committee leadership. All this translates to a longer delay when the Defense spending bill is reconciled, later this year. DOD is considering adding IU and SMC as CRSC payable conditions, which are not VA rated items, but provide additional dollars to disabled veterans for meeting certain conditions. To keep current on these issues veterans can monitor  http://www.crlegislation.com  Following are the latest figures on application evaluation progress:
     Air Force - During the week ending 1 Aug 601 applications were received of which 27 were approved and 82 disapproved. During the week ending 8 Aug 419 applications were received of which 12 were approved and 42 were disapproved. A total of 5,549 have been received of which 266 cases have been approved and 332 disapproved. The Air Force has over 200 cases that have been approved for CRSC, but have an IU or SMC condition and cannot be completed until a DOD policy decision is made on the IU/SMC issue.
     Army - Of the 14,500 applications received 203 have been approved and 128 disapproved. Their contractor team is composed of retired officers with a combat arms background and a an experienced medical officer.
    Naval - As of 4 August, the Naval board had on hand 4700 applications of which the Case Builders have built 1300. At that point, 97 applications were approved and 103 were denied. The number pending SMC/IU resolution is 160. DOD estimates the Navy/USMC should expect 22,000 applications during the first two years of this program. The Navy CRSC branch is staffed to process about 50 in and 50 out each working day once CR determinations for SMC/IU can be made.
[Source: Various AUG 03]

Tricare Standard Over Age 65: Tricare standard eligibility expires upon reaching the social security Medicare eligibility age which is at 12:01 a.m. on the first day of the month in which the beneficiary becomes entitled to hospital insurance benefits (Part A) under Medicare. There are no plans to raise this age even though social security full retirement age is rising to 67. Anyone who is a military dependent and is not eligible for Medicare benefits can retain Tricare Standard benefits provided they can provide to the ID card issuing activity or DEERS a notice of disallowance of Medicare Part A benefits. This applies to many alien dependent widows because they do not meet the U.S. five-year residency requirement to draw on their sponsor's social security account and have elected to continue to reside overseas.
     DEERS requires all dependents upon turning age 65 to obtain a new ID card which allows them to update their records on each individual's Tricare eligibility. Eligibility is removed for those who are eligible for Medicare and do not elect to pay for Medicare Part B. Unless otherwise advised all widows are assumed eligible. To obtain a notice of disallowance they must write to Social Security Administration, Office of Central Operations, PO Box 17769, Baltimore MD 21235 Attn: W. Burnell Hurt, Associate Commissioner for Central Operations. The letter should include:

   * From. A current mailing address.

   * Reference. Sponsor's SSN & Widows SSN (if any).

   * Enclosure. DFAS-DE Form 2203

   * Purpose. To have your records at Department of Defense, DEERS indicate you are not eligible to receive social security benefits.

   * Authorization for SSA to release directly to DEERs Support Office, Attn: Research & Analysis , 400 Gigling Rd., Seaside CA 93955-6771 and DFAS, PO Box 7130, London KY 40742-7130 any information relating to eligibility to receive Medicare benefits.

   * Country of citizenship, country of residence, and that you do not meet the five-year U.S. residency test or any exceptions to that test.

   * Request for SSA to notify DEERS & DFAS that you are not receiving Medicare benefits from your deceased spouse's social security account and the reason why you are not. Also, that you have not earned any Social Security credits.

   * Reason for Request. Required to continue your eligibility for Tricare benefits which were lost at age 65 because DEERS was not aware of your ineligibility for Medicare.

   * Comment on Enclosure purpose. For forwarding to DEERS & DFAS Retired Pay

     Complete and sign the annuitant section of the Social Security Administration Statement (Annual Rectification) DFAS-DE Form 2203 and include it as an enclosure to you letter. A blank form can be obtained from your RAO Office or from DFAS. A sample letter is available upon request to raoemo@mozcom.com When action has been taken you should receive a notice from DEERS stating that based on the document sent they have been able to confirm that you are not entitled to social security benefits. Therefore, your DEERS record will reflect your continued Tricare eligibility. You can present this notice to the ID card issuing activity with your application for a new ID card. The card's expiration date and Medical Civilian (yes) EXP DATE should be the same, four years after issue date. If you do not have a SSN or ITIN number they should assign a FIN number [i.e. a number that has an "F" in front and starts with a "9"] in the SS box on the card.
[Source: RAO Bangkok, THEMS & Tricare Pacific Lead Agent msg's AUG 03 and 32 CFR, Part 199.3 http://www.tricare.osd.mil/tricaremanuals/ ]

Nonavailability Statements: DoD has published the long awaited interim final rule (IFR) implementing sections of the FY 2001 and FY 2002 National Defense Authorization Acts (NDAA) titled "Elimination of Nonavailability Statement and Referral Authorization Requirements and Elimination of Specialized Treatment Services Program". Under current rules TRICARE Standard beneficiaries residing within 40 miles of a military treatment facility (MTF) must either use it as the first option for care when undergoing inpatient procedures or document that the MTF is unable to provide the care. Apart from the hassle of obtaining an NAS, this requirement eliminates any continuity of care that has been established between a patient and his or her provider. Patients may go through an entire pre-treatment regimen with one doctor or facility, but could then be required to switch to the MTF when that doctor is needed the most. Specifically, the proposed rule eliminates the requirement for:

   * Standard beneficiaries living within a 40-mile radius of an MTF to obtain an NAS (December 28, 2003);

   * Standard beneficiaries who live outside the 200-mile radius of a specialized treatment services (STS) facility to get an NAS (June 1, 2003);

   * Preauthorization from an MTF before receiving inpatient care (other than mental health services) and maternity care from a civilian provider (December 28, 2003); and

   * Prior authorization for referral to a specialty care network provider (starting next year under the new TRICARE contracts).

      For obstetrical care, the NAS requirement will be eliminated if the first prenatal visit takes place on or after December 28, 2003. The NAS for inpatient mental health care will continue to be required. The STS program was eliminated on June 1st of this year. This rule does not eliminate the need for prior authorization for specialty care when referred to a non-network provider. In addition, prior authorization may still be required for specific procedures and other services ordered by network specialty providers. For example, a network provider may recommend a procedure such as a MRI; the MRI may still be subjected to medical necessity review. The new rule does include a number of exceptions for non-maternity care (the department can no longer require a NAS for maternity care for any reason). DoD still has the authority to reinstate a NAS requirement if:

   * Significant costs would be avoided by performing specific procedures at the affected MTF;

   * A specific procedure must be provided at a particular MTF to ensure that the providers at the facility can gain or maintain their skill proficiency (known as Graduate Medical Education); or

   * The lack of NAS data would significantly interfere with TRICARE contract administration.

In order to require a NAS, DoD will have to specify in advance and document by individual MTF and by each type of procedure that:

   * It would be less expensive to perform it at the MTF,

   * Military providers need to keep their skills up by doing the procedure in the MTF, or

   * There would be problems with the civilian contracts.

So far, DoD has not announced any requirements for NASs for any facilities or procedures and must give 60 days advance notice if they intend to require a NAS.

     Once the IFR becomes policy there is concern regarding how DoD will communicate these individual requirements to beneficiaries and providers since not all MTF's will be following the same criteria. Beneficiaries should not learn after the fact that an NAS was required and then be held accountable for paying for care they thought was otherwise covered under TRICARE. The rule is available on the web at:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-19452.htm
     Written comments are invited and will be considered for possible revisions to this rule. Comments need to be forwarded by September 29 to: Medical Benefits and Reimbursement Systems, TRICARE Management Activity, 16401 East Centretech Parkway, Aurora, CO 80011-9066. [Source: MOAA's Leg Up 15 AUG 03]

ULSG Lawsuit: A group of divorced veterans has hired a legal team headed by Constitutional attorney Jonathan L. Katz of Silver Spring, Maryland, to protect their retirement pay from property division in divorce court. Called the ULSG, LLC, (USFSPA-Litigation Support Group) the veterans' group contests the constitutionality of the Uniform Services Former Spouses' Protection Act (USFSPA). The twenty-year-old law undoes a Supreme Court ruling that protected veterans' retirement pay from being divided with ex-spouses in divorce court. It does not even exempt veterans who joined the military before the law was ever passed. This amounts to an unconstitutionally retroactive application of the law, seeing that the law was passed only after the Supreme Court said that veterans' retirement pay could not be divided in divorce court. The ULSG also points out that divorce court treatment of veterans' retirement pay varies tremendously depending on the state where the divorce takes place. As a result, countless military members are thrust into a particular divorce court not because the servicemembers chose the particular state court, but because the government assigned them to the particular state. It is not fair that servicemembers' rights in their retirement pay be at the risk of the state where they are assigned to serve their country. Although this law may have been passed with the intention of protecting the ex-spouses of male military members, the issue is no longer gender-based. This is because of the ever-growing number of female military members, including those like Jessica Lynch and Shoshana Johnson who served in combat during the recent war in Iraq.
     Over 1800 divorced veterans from an estimated population of over 100,000 who are affected by this law have joined the ULSG's challenge to the law. Those interested in obtaining further information on joining or supporting the lawsuit can email jon@markskatz.com or review
http://usfspa-lawsuit.info [Source: ULSG News Release AUG 03]

VA Enrollment Fee: The house has rejected an administration proposal for the Veterans Administration to charge a $250 annual enrollment fee for veterans in Priority Group 8. The proposal also would have more than doubled prescription copays for Priority 8 veterans, from $7 to $15. Although the VA suspended new enrollments in Priority 8 earlier this year, veterans already enrolled continue to be eligible for treatment, and would have incurred the new payments. Priority 8's are veterans with no service-connected disabilities who have higher incomes than geographically determined means test levels. [Source: Armed Forces News 8 AUG 03]

TFL & Denied Medicare Claim: If Medicare denies a claim under Tricare for Life, Tricare may initially deny it also. Even if the service is otherwise a Tricare benefit. The determining factor is what Medicare has to say about the patient's right to appeal. If Medicare reports on its Summary Notice (payment statement) that the service is not a Medicare benefit, and the patient has no appeal rights, Tricare will process the claim as if it were the patient's only coverage. Tricare programs requirements will apply, as will the Tricare deductible and cost share as required by law.
      If Medicare advises that the patient has appeal rights, Tricare must deny the claim pending resolution of the Medicare denial. This is because federal law forces Tricare to be the last payer. All avenues of that payment by the primary payer, in this situation Medicare, must be exhausted first. Thus the patient or the provider must file an appeal with Medicare. After Medicare completes the appeal and issues a report, the provider or patient must resubmit the claim to Tricare, including a copy of the Medicare report, because Medicare will not automatically resubmit the claim to Tricare. Tricare will reprocess the claim according to data in Medicare's report and its own program requirements.
     Different laws and regulations govern Medicare and Tricare, which may have different program requirements or the same medical service. Depending on a patient's medical condition, the type of service and the information submitted with the claim, the same service could be covered for one patient and denied for another even under the same program. The essential thing to remember is that any time Medicare or Tricare denies a claim or a portion of a claim ($0.00 allowed on a charge), the patient or the provider should file an appeal. Instructions for filing the appeal are on the program's payment statement. [Source: James Hamby article Navy times 11 AUG 03]

Social Security Wage Credits: The earnings of people who serve in the military services on active duty or active duty for training have been covered by Social Security since 1957. Inactive duty service in the armed forces reserves [such as weekend drills] has been covered since 1988. However, people who served in the military before 1957 did not pay into SS directly. Veteran's records are credited with special earnings [wage credits], depending on when they served which for SS purposes count toward any benefits that might be payable.
     Those in the military service from 1957 on paid SS taxes the same way as civilian employees do. Those taxes are deducted from you pay and an equal amount is paid by the U.S. government as your employer. You must have credit for a certain amount of work covered by SS before any benefits can be paid on your record. The number of credits you need to qualify for benefits depends on your age and the type of benefit you might be eligible for. Nobody needs more than 40 credits. In some cases you can qualify with less than 40 credits. The amount you get from SS depends on earnings averaged over much of your working lifetime. Generally, the higher the earnings, the higher your benefits.
     The wage credits for military personnel can help you qualify for SS or increase the amount of your benefit. Credits are granted for periods of active or active duty training only. Social Security cannot add extra wage credits to your earnings record until you file for SS benefits. Wage credits are granted for

   * Service in 1978 to 2001. For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1200 per year. If you enlisted after 7 SEP 80, and didn't complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings.

   * Service in 1957 thru 1977. You are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay.

   * Service in 1940 thru 1956. For military service inclusive of time spent in a military academy your record may be credited with $160 a month in earnings from 16 SEP 1940 thru 1956 under the following circumstances:

     (1) You were honorably discharged after 90 or more days of service, or you were released because of a disability or injury received in the line of duty; or

     (2) You are still on active duty; or

     (3) You are applying for survivor's benefits and the veteran died while on active duty.

     You cannot receive credits if you're already receiving a federal benefit based on the same years of service unless you were on active duty after 1956. In this situation you are eligible to receive the credit for 1951 thru 1956 even if you are drawing a military retirement based on these years. Congress ended wage credits in 2001 after deciding that service members are better paid today and that wage credits were losing their importance and value.
     Every applicant for SS benefits is asked to note their or their sponsor's military service on the application and to show proof, either a DD 214 or W-2. If a person has difficulty in producing those documents SSA will assist them by contacting the armed services and requesting some kind of verification of military wages. Every veteran or military widow drawing Social Security today might want to check with SSA to verify if the wage credits were used in setting benefits, not just noted on an application. You are entitled to reimbursement from the time you started drawing SS and to an increase in your monthly SS check if the wage credits were not used in computing your entitlement.
     You can get both SS and military retirement. Generally there is no offset for SS benefits because of your military retirement with the exception of SBP. You'll get your full SS benefit based on your earnings. However, your benefit may be reduced if you also receive a government pension you didn't pay SS taxes. This is covered in SS Pub No. 05-10045. Use http://www.socialsecurity.gov to access SS information on the Internet.
[Source Various AUG 03]

COE/ROE: A Certificate of Existence [COE] is required annually for all annuitants. Forms can be mailed to DFAS, US Military Annuitant Pay, PO Box 7131, London, KY 40742-7131 or can be faxed to 1-800-982-8459. Failure to furnish a certificate will result in suspension of the annuity until receipt of a satisfactorily completed COE. COE's are sent 90 days before the annuitant's birth date. It's important that it be completed by the annuitant and returned via mail or fax before the annuitant's birthday to avoid any interruption in pay. A marriage certificate is required when the "I married in the past year. . ." box is marked to update the annuitant's account properly. An annuitant should include his or her name and Social Security Number, the name and Social Security Number of his or her deceased sponsor and the signature date.
     A Report of Existence [ROE] is required semi-annually for annuitants that receive payments through foreign postal channels, and annuitants who are mentally incompetent and receive payments through a third party. These must also be submitted to the DFAS-Denver Center. Failure to furnish a report of existence will result in suspension of the annuity until completion of a satisfactorily completed ROE. ROE's are sent 6 months after the annuitant's birth date. The COE sent 90 days before the annuitants birth date are accepted as the first verification in lieu of an ROE.
[Source: Chief, Systems Division Annuity Pay DFAS 2 May 02 & AF Retiree News 13 AUG 03]

CR Update 14: The score on the partisan Discharge Petition to bring H..R. 303 to the floor for a vote remains at 202. Only one Republican has signed of the 171 Republican cosponsors of the bill. Many retirees do not understand why Republican Congressman Michael Bilirakis, who authored the bill, has not signed. He has been our leading Congressional proponent in eliminating this retiree disability tax since 1985 and deserves to be heard. All those fighting for concurrent Receipt should be aware of his position, which is explained in the following letter to one of his constituents:

"Thank you for contacting me to express your interest in the discharge petition that Rep. Marshall has filed on my bill H.R. 303, the Retired Pay Restoration Act. I appreciate hearing from you. As you may know, I first introduced this legislation during my 2nd term in office and have introduced it in every subsequent Congress since 1985. For close to two decades, I have led the fight to eliminate the offset between military retired pay and VA disability compensation. There is no stronger proponent of concurrent receipt in the US Congress that myself.
     At this time, I have not made any decisions regarding the discharge petition filed by Rep. Marshall - - not because I do not support concurrent receipt, but because I am not convinced that this is the best means by which we can accomplish our goal of eliminating the current unjust offset. Let me stress that I am interested in achieving real results and not using the concurrent receipt issue as a "political football." As you may know, the "discharge rule" of the House provides a means by which a measure that has not been reported from committee may be considered on the House floor. It is important to note that discharge petitions are rarely successful. Since the present form of discharge rule was adopted in 1931, 563 discharge petitions have been filed, of which 47 obtained the required signatures. In these instances, the House voted for discharge 26 times, and passed 19 of the measures involved, but only two became law. During the past 35 years (1967-2002), only discharge petitions on 12 measures have obtained the required signatures.
     Even if this discharge petition is successful and the House of Representatives debates and approves H.R. 303, it still does not guarantee that retirees will receive any benefits. The legislative process requires approval by both the House and the Senate, and there is nothing in the discharge petition process that requires the Senate to act. This means that if the House were to approve H.R. 303, it would be sent to the Senate for further consideration where it is likely to die because there is no procedure that can be utilized to force Senate action on H.R. 303. Therefore, we have a higher probability of success if we include a concurrent receipt provision in a piece of legislation such as the annual defense authorization bill that the Senate must consider.
     Moreover, if the Congress were to send the president a stand-alone concurrent receipt bill, his advisors would most likely recommend that he veto it. If a veto occurs, many members will be reluctant to vote to override a presidential veto. So once again, I believe that we are better off trying to get concurrent receipt language into a bill, which includes other provisions that the president wants signed into law. While this does not guarantee that the president will sign the bill, he will be less likely to veto it. The leaders of the House (i.e. the Speaker, the Majority Leader and Majority Whip) work closely with committee chairmen to set agenda of the House of Representatives. Members must work to gain the support of House leaders and committee chairmen if they hope to secure action on their legislative initiatives. Because discharge petitions seek to usurp the authority of committee chairmen and the leaders of the House, they often cause animosity between petition supporters and those who directly control the House's agenda in a given Congress. If a discharge petition is attempted and unsuccessful, it can make future action on an issue nearly impossible because the House leadership will be less likely to lend their support to a legislative measure. While some may try to discount the importance of working with the House leadership, I believe it is important to note that in the 18 years that I have been working on this issue, the only real progress that resulted in benefits being paid to disabled retirees has been under a Republican controlled Congress. This progress would not have occurred without the leadership's support.
     In light of these challenges associated with a discharge petition, I am holding off signing the Marshall petition while I pursue other options. During consideration of S. 1050, the Fiscal Year 2004 National Defense Authorization Act, the Senate approved an amendment that would completely eliminate the current offset. Since the House has also approved its version of the defense authorization bill, the next step in the legislative process is for a conference committee to resolve the differences between the two bills.
     I am already working with many of my colleagues to secure the inclusion of a concurrent receipt provision in the final defense bill, and I believe this is the quickest way to advance our goal without creating animosity among those who have direct jurisdiction over the concurrent receipt issue. By not signing the discharge petition now, my colleagues and I will have greater leverage with the leadership on this issue and we will increase our chances of success. If our efforts are unsuccessful, I will then consider signing Rep. Marshall's discharge petition.
     Once again, thank you for your continued interest in this issue. I look forward to working with you and other disabled retirees as we continue to fight to restore the military retired pay and benefits that you earned through your service to our nation."

Sincerely yours, Michael Bilirakis  Member of Congress

Tricare TMOP FPO Service: Military retirees living overseas who are eligible to receive mail through the Military Postal Service can now receive TMOP prescription drug shipments weighing more than 16 ounces. Previously, such shipments had to be in multiple packages each weighing less than 16 ounces. The MPS exception to policy allows contracted suppliers for the Tricare Mail Order Pharmacy program to mail a 90-day supply of prescription drugs that would have exceeded the 16-ounce limit. The exception is limited to prescription medication shipments made by Express-Scripts, Inc., which is the only authorized TMOP-contracted supplier. There has been no change to the requirement that prescriptions submitted to TMOP must be written on a prescription pad that contains a DEA number. Prescriptions written in the states meet this requirement by those written overseas do not. If overseas, you will need someone licensed to practice in the states to write or send you the prescription. [Source: Armed Forces News 25 July 03]

Credit Score: The next time you apply for a loan, mortgage, or credit card approval will rest in part on your credit score. Your score, along with a lot of other personal history information appears on a credit report that is available to anyone who has an interest in knowing how financially responsible you are. This includes potential employers when seeking a job. Thus it is important for you to know not only how you are doing, but also to correct errors on your credit report and monitor it for identity theft. You have the right to review your report and challenge errors. Credit reporting companies must correct mistakes if proof is made available.
    Your score represents you credit profile in comparison with thousands of other credit reports. Key factors that make up the score are income, assets, length of employment, length of residence ion one place, education level, and past credit record. How you stack up in these areas tells lenders how much credit you can safely handle. Each credit bureau calculates scores in a slightly different way but they all rely on the same information. The developer of the scoring system, Fair Issac Corporation [FICO], reports that scores are heavily determined by five pieces of information:

   * Payment history. Paying bills on time boosts your credit profile.

   * Amount you owe. The higher the debt load you carry the lower the score.

   * Length of credit history.

   * New credit. Frequent credit applications or inquiries by creditors raise red flags.

   * Forms of credit. Showing you can pay down an installment loan and keep up with a revolving loan improves your profile.

The FICO scoring model ranges from 300 to 850. The higher your score the better your credit rating. Bear in mind that each financial institution has its own criteria in addition to the credit scores. Many lenders balk a bounced check; others assign importance to having funds on deposit.      Experts advise consumers to check credit reports at least once a year. You can request a report by phone or online. The fee is generally under $20 with some variations between states. For additional cost some bureaus supply monitoring services that alert you when someone requests your credit report or if you credit profile changes for the worse. Upon receipt compare all section so the report to your financial statements to see of the data matches. False reports that you are using a credit card or that you have applied for a loan may signal a simple error or an attempt by someone else to misuse your credit. If discrepancies arise, report them immediately. All Bureaus have toll free numbers and online assistance available 7/24.

   * Equifax 1-800-685-111 or  http://www.equifax.com

   * Experian 1-888-Expirian or  http://www.experian.com

   * TransUnion 1-800-916-8800 or  http://www.transunion.com

Victims of identity theft can post alerts on their credit files The alert urges the financial institutions to withhold credit without your verbal authorization. [Source: NFCU Homeport Newsletter Summer 03]

SS Full Retirement Age: If you are younger than the current Social Security full retirement age (FRA) and draw SS, income received as a return for your work effort will affect your monthly SS benefits as follows:

   * If you are younger than FRA $1 will be deducted from SS benefits for every $2 you earn above the annual limit. For 2003 the limit is $11,520.

   * In the year you reach FRA $1 will be deducted from SS benefits for every $3 you earn above the annual limit. For 2003 the limit is $30,720. This limit only applies to the money you earn before you reach FRA in that year.

   * Starting with the month you reach FRA you will receive your full benefit with no limits on your earnings.

Starting in JAN 03, individuals born in 1938 and afterward will have to work additional months before reaching the FRA. Those people born in 1937 and prior years reached FRA upon attaining their 65th birthday. Social Security eligibles born in 1938 reach 65 in 2003, but must go an additional two months for FRA. Those born in 1939 will have to wait until they are 65 and four months, and the age will keep going up annually under present law until it reaches 67 as FRA for those born in 1960 and later. A full chart at  http://www.ssa.gov/retirechartred.htm  is available for viewing.
     The only exception to the rule is that those born on Jan. 1 go by the requirements of the previous year. Even with the FRA increasing, eligible people can still retire as early as age 62, but with reduced payments. There is both a major disadvantage and a big advantage to taking the benefit before reaching full retirement age. The advantage is that you collect benefits for a longer period of time. The disadvantage is that the benefit is permanently reduced. Since it's different for each person, those thinking retirement should be sure to contact Social Security before a decision is made. Also, officials point out that many people equate full Social Security retirement age with Medicare and remind them that they are not the same. Although the Social Security full retirement age is going up, it does not hold true for the Medicare age. The Medicare age will remain 65, so those workers who elect to wait for the full 100 percent Social Security payment will still have to enroll in Medicare Part B during the open enrollment period around their 65th birthday. That period includes the three months prior to the birth month, the birth month and three months following the birth month. A method of payment must be arranged to pay the premiums before Social Security retirement benefits start and the premium can be automatically deducted. Failing to enroll during the seven-month period will require the retiree to wait until the following open enrollment period of Jan. 1 - March 31 of each year, with coverage starting July 1. Each year's delay adds 10 percent penalty to the premium cost.      There is a provision in the SS Plan that will enable a retiree to who elects to take SS payments at age 62 to later have the amount recast. This is for those who become employed and pay taxes and earn amounts in excess of the maximum level each year. The recipient must notify SS if their income is going to exceed the earned income maximum and will see a reduction in their checks until reaching FRA or until the earned income again drops below the amount allowable. The recipient must also repay the amount he had received from SS. At any later age the recipient can retire again and his check and benefit amount will be increased to account for the additional quarters at the higher income he was earning.
[Source: Charles Gray 4 MSS/DPF Seymour Johnson AFB Msg dtd 25 NOV 02 & MOAA Magazine JUL 03]

Telemarketing Call Elimination Update: Consumers nationwide can now register via phone at (888) 382-1222 or online at  http://www.donotcall.gov to reduce the number of telemarketing calls they get. If done online they must respond to an e-mail confirmation within 72 hours to complete the process. During the first five days of registration, about 15 million phone numbers were logged into the Federal Trade Commission [FTC] registry and within the first month it had acquired more 28 million numbers. The FTC, the Federal Communication Commission [FCC], and many states will begin enforcing the "do not call" provisions of the Telemarketing Rules on 1 OCT 03 for those who have registered by August 31. However, calls from political organizations, charities, and surveyors are not covered by the National Registry requirements. In addition, companies with which consumers have established a business relationship or have made an inquiry can call for certain periods of time unless directly asked not to do so. After 1 OCT, telemarketers will be required to access the registry every three months and scrub numbers on it from their call lists.
     Telemarketers who subsequently call a number on the list could be fined up to $11,000 per call if reported. Consumers who have been registered for three months can complain at  http://www.donotcall.gov  At present 27 states have do-not-call lists. You can find the list of state websites at  http://www.ftc.gov/bcp/conline/edcams/donotcall/statelist.html Most plan to transfer their information to the National Do Not Call Registry. [Source: FTC news release June 27, 2003]
     Because of the new policy the American Teleservices Association (ATA)  http://www.ataconnect.org  is asking a Denver Court of Appeals to reject FCC rules that would block their telephone solicitations. In January, the ATA and the Direct Marketing Association filed separate suits against the FTC. In the interim readers should be aware that companies who rely on telemarketing for their livelihood are already devising ways to comply with but bypass the intent of the law. A company named Market Solution has initiated a mail campaign offering a complementary 12 pack in exchange for you to vote for your favorite cola - Pepsi or Coke. In extremely small print at the bottom of the ballot card is the statement, "By completing this form, you agree that sponsors and cosponsors of this offer may telephone you, even if your number is found on a do not call registry or list." The telemarketing business is very lucrative so you will probably see all manner of schemes initiated to allow them to continue making calls. [Update AUG 03]

Displaying the Flag: The following codification of existing rules and customs pertaining to the display and use of the U.S. flag is established for the use of civilians, civilian related groups or organizations. It is the universal custom to display the flag from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during hours of darkness. The flag should be hoisted briskly and lowered ceremoniously. The flag should not be displayed on days when weather is inclement, except when an all weather flag is used. It is customary to display flags on:

   * New Year's Day, January 1;
   * Inauguration Day, January 20;
   * Martin Luther King Jr.'s birthday, third Monday in January;
   * Lincoln's Birthday, February 12;
   * Washington's Birthday, third Monday in February;
   * Easter Sunday (variable);
   * Mother's Day, second Sunday in May;
   * Armed Forces Day, third Saturday in May;
   * Memorial Day (half-staff until noon), the last Monday in May;
   * Flag Day, June 14;
   * Independence Day, July 4;
   * Labor Day, first Monday in September;
   * Constitution Day, September 17;
   * Columbus Day, second Monday in October;
   * Navy Day, October 27;
   * Veterans Day, November 11;
   * Thanksgiving Day, fourth Thursday in November;
   * Christmas Day, December 25;
   * On or near the main administration building of every public institution;
   * In or near every polling place on election days;
   * During school days in or near every schoolhouse;
   * Such other days as may be proclaimed by the President of the United States;
   * and the birthdays of States (date of admission); and on State holidays.

[Source: Illinois AMVETS Newsletter JUN 03 and the
United States Flag Code Chapter 1 Section 6 (d)  http://www.access.gpo.gov/uscode/title4/title4.html ]

Cold War Recognition Certificate [CWRC]: In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding Cold War Recognition Certificates to all members of the armed forces and qualified federal government civilian personnel who faithfully served the United States during the Cold War era from 2 SEP 1945 to 26 DEC 1991. Thus far, about one million people have responded out of the 22 million entitled to receive the certificate. You may apply for a Cold War Recognition Certificate if you qualify. Online application is preferred; however, the application form may be printed and mailed, or faxed with the required supporting documents. The Army Personnel Command is the executive agent for the recognition project. The minimum turn around time is six months. More information on the certificate can be found on PERSCOM's Cold War Web site or by calling customer service at (703) 325-5864. You can preview the certificate at:  https://coldwar.army.mil/preview.htm
     Those qualifying for the certificates can apply via the Internet at  https://coldwar.army.mil/ , e-mail at cwrs@Fairfax-emh1.army.mil , or fax at (703) 275-6749. Applicants can also mail requests to: Cold War Recognition, 4035 Ridge Top Road, Suite 400, Fairfax, VA 22030. Applicants must present proof of service. Army officials caution applicants not to send original documents because they cannot be returned. Applicants must use fax or mail to submit supporting documents. Military personnel can use any of the following documents as proof of service: DD Form 214 (Certificate of Release/Discharge from Active Duty); WD AGO Form 53-55 (War Department Separation Document); or Oath of Office-Military Personnel, or Letter of Appointment. Copies of these records can obtained by writing to: National Personnel Records Center, (Military Personnel Records), 9700 Page Ave. , St. Louis, MO 63132-5100. Qualifying civilian service can be proved with a Standard Form 50 (Notification of Personnel Action);
Standard Form 2809 (Health Benefit Registration Form); an award certificate with employee's name, name of service or agency, and dates; or retirement forms with the employee's name, service or agency and dates. Federal civilian personnel may obtain employment verification or copy of their records by writing to: U.S. Office of Personnel Management, Employee Service and Record Center, P.O. Box 45, Boyers PA 16017-0045. [Source: Veterans digest 1999-7 dtd 12 JAN 99]
     The Secretary of Defense announced in JAN 02 a Cold War Service Medal will not be cast and any such medals are not authorized for wear on military uniforms. While former Secretary of Defense William Cohen approved a Cold War certificate, a Cold War Service Medal was not approved. Although servicemembers can buy the unauthorized medals, the Office of the SecDef points out that unless Congress authorizes them, they cannot be worn on a military uniform. [Updated AUG 03]

VA Pharmacy Rules Change: Some veterans waiting to see VA physicians for the first time may be eligible to receive medications that were prescribed by private doctors from VA mail-out pharmacies under a new policy announced on 24 July. The first prescriptions will be filled under the new program starting 22 September. To be eligible for the new benefit, veterans must meet all of the following conditions:

   * Have enrolled in VA health care by July 25, 2003, and

   * Requested their first primary care appointment with VA by July 25, 2003, and

   * Must be waiting more than 30 days for their first appointment with a primary care physician on Sept. 22, 2003.

Eligible veterans will be unable to get prescriptions filled before that date. The period between 24 July and 22 Sep. is intended to give VA time to identify and contact eligible veterans and to put new systems and procedures in place. The policy is short-term to help the vets who were enrolled and waiting for the appointment before 25 July, the date the benefits details will appear in the Federal Register. It does NOT apply to vets put on the waiting list after 24 July. VA estimates that 200,000 veterans will be eligible for the benefit. Vets covered by the new rule will receive information by mail from their nearest VA medical facility about filling prescriptions by mail from non-VA doctors, including information for the doctors themselves. [Source: VA News Release 24 JUL 03 http://www.va.gov/opa/pressrel/opalist_listserv.cfm ]

Medicare 2004 Premium Increase: Increase cost of Medicare part B premiums is coming. According to the Chief Actuary of Medicare, Part B premiums for 2004 will rise to $66 from $58.70 per month (a 12.4% increase over the 2003 premium. Medicare is the nation's health insurance program for Americans age 65 and older and certain disabled individuals. It is also a prerequisite for TFL eligibility for military retirees and dependents that have turned 65. This prerequisite applies to those residing outside the U.S. even though they cannot receive any Medicare benefits overseas. Medicare consists of two distinct parts - Part A (Hospital Insurance (HI)) and Part B (Supplementary Medical Insurance (SMI)). In general, Part A covers inpatient hospitalizations, skilled nursing care, and home health services. Part B covers physician services and care received in hospital outpatient facilities.
     Both Parts A and B of Medicare require certain cost-sharing contributions from beneficiaries in the form of deductibles and copayments. Part B of the program requires a premium contribution equal to 25 percent of the program's cost. The increasing cost of health care and the requirement to maintain the 75/25 percent ratio is forcing up the cost of the premium, which for 2004 is much more than the COLA paid to Social Security recipients, military retired pay and survivors' benefits and veterans compensation and pension programs.
[Source: NAUS Update 25 JUL 03]

Reserve TASP Exemption [TX]: Texas Governor Rick Perry signed Senate Bill 814 exempting from the Texas Academic Skills Program (TASP) all Texas Reservists or National Guard personnel with three or more years of service. This exemption action puts reserve and guard personnel on par with active duty personnel. SB 814 also exempts all Texas veterans, separated since the end of the Gulf War. The exemption was effective May 15, 2003 and will immediately open educational doors to over 12,000 Texans mobilized for Operation Iraqi Freedom. Reserve/Guard service qualifies for the exemption. Under the Texas Constitution, since SB 814 passed with more than two-thirds votes in both houses it became effective on signing. The bill applies to:

   * All Texas veterans released since August 1, 1990.

   * All Texans serving as members of the Reserve upon completing three years of service.

   * All Texas National Guard personnel on completing three years of service.

   * The Texas Academic Skills Program Test and any successor test.

The TASP exemption makes it possible for every Texan serving our Nation to achieve the dream of a college education. There are 1.7 million Texas veterans. Of these Over 239,000 served during the Gulf War and more than 32,000 are receiving GI Bill benefits.
[Source: Reserve Officers Association Dept of Texas Notice 18 JUL 03]

Medical Checkups: To stay healthy and prevent disease it is recommended you obtain certain screening tests, take preventive medicine if needed, and practice healthy behaviors. Top health experts from the U.S. Preventive Services Task Force suggest that when you go for your next checkup, talk to your doctor or nurse about how you can stay healthy no matter what your age.
     Screening tests, such as colorectal cancer tests, mammograms and Pap smears can find diseases early when they are easier to treat. Some people need certain screening tests earlier, or more frequently, than others. Talk to your doctor about which of the tests listed below are right for you, when you should have them, and how often. The Task Force has made the below recommendations about which screening tests you should have.

Men

   * Cholesterol Checks: Have your cholesterol checked at least every 5 years, starting at age 35. If you smoke, have diabetes, or heart disease runs in your family, start having your cholesterol checked at age 20.

   * Colorectal Cancer Tests: Begin regular screening for colorectal cancer starting at age 50. Your doctor can help you decide which test is right for you. How often you need to be tested will depend on which test you have.

   * Sexually Transmitted Diseases: Talk to your doctor to see whether you should be screened for sexually transmitted diseases, such as HIV.

   * Prostate Cancer Screening: Talk to your doctor about the possible benefits and harms of prostate cancer screening if you are considering having a prostate-specific antigen (PSA) test or digital rectal examination (DRE).

Women

   * Mammograms: Have a mammogram every 1 to 2 years starting at age 40.

   * Pap Smears: Have a Pap smear every 1 to 3 years if you have been sexually active or over 21.

   * Cholesterol Checks: Have your cholesterol checked regularly starting at age 45. If you smoke, have diabetes, or if heart disease runs in your family, start having your cholesterol checked at age 20.

   * Colorectal Cancer Tests: Have a test for colorectal cancer starting at age 50. Your doctor can help you decide which test is right for you.

   * Osteoporosis Tests: Have a bone density test at age 65 to screen for osteoporosis (thinning of the bones). If you are between the ages of 60 and 64 and weigh 154 lbs. or less, talk to your doctor about whether you should be tested.

   * Chlamydia Tests and Tests for Other Sexually Transmitted Diseases: Have a test for Chlamydia if you are 25 or younger and sexually active. If you are older, talk to your doctor to see whether you should be tested. Also, talk to your doctor to see whether you should be tested for other sexually transmitted diseases.

   * Hormones: According to recent studies, the risks of taking the combined hormones estrogen and progestin after menopause to prevent long-term illnesses outweigh the benefits. Talk to your doctor about whether starting or continuing to take hormones is right for you.

   * Breast Cancer Drugs: If your mother, sister, or daughter has had breast cancer, talk to your doctor about the risks and benefits of taking medicines to prevent breast cancer.

Men & Women

   * Blood Pressure: Have your blood pressure checked at least every 2 years.

   * Diabetes Tests: Have a test to screen for diabetes if you have high blood pressure or high cholesterol.

   * Depression: If you've felt "down," sad, or hopeless, and have felt little interest or pleasure in doing things for 2 weeks straight, talk to your doctor about whether he or she can screen you for depression.

   * Aspirin: Talk to your doctor about taking aspirin to prevent heart disease if you are older than 40 [45 for women], or if you are younger than 40 and have high blood pressure, high cholesterol, diabetes, or if you smoke.

   * Immunizations: Stay up-to-date with your immunizations:

       Have a flu shot every year starting at age 50.

       Have a tetanus-diphtheria shot every 10 years.

       Have a pneumonia shot once at age 65 (you may need it earlier if you have certain health problems, such as lung disease).

Talk to your doctor to see whether you need hepatitis B shots. [Source: http://www.ahrq.gov JUL 03 ]

Tricare Authorized Provider: Generally Tricare is not allowed to pay for medical services received from an unauthorized provider. In the states this does not present patients much of a problem because insurance companies there do much of the policing of the medical profession. Overseas, it can become a problem. All health insurance plans require some type of provider registration. That's to ensure payments are made only to qualified providers of medical care. Registration is not foolproof, but it tends to reduce the number of charlatans who otherwise would prey on unsuspecting and uninformed patients.
     All a provider has to do to become authorized is request a Provider Certification Packet from the Tricare claims processing contractor [WPS for the RP], complete the application and return it. If the provider's education, training and state/country licensure or certification meet legal criteria for Tricare, the contractor will issue a provider number to be used on all Tricare billings. The provider incurs no obligation to Tricare or to Tricare patients by becoming a Tricare authorized provider. If the provider wishes, he never even has to see a Tricare patient. All the authorized status does is certify that the provider is bona fide and either he provider or the patient can receive payments from Tricare dependent on who submits the claim. Tricare authorized is not the same as a network provider. Network providers have a special contract with Tricare to provide medical services under a negotiated, discounted fee arrangement. Providers under Tricare Prime and Extra are network providers. Those under Tricare Standard may or may not have Tricare network contracts but all providers must be Tricare authorized. If a claim is denied because the provider was not authorized, it can be paid on appeal if the provider can show he was qualified to be an authorized provider at the time the care was provided. In the case of a medical emergency, Tricare beneficiaries may use any provider, whether authorized or not. If the provide was not authorized, the claim will usually be denied initially. It will then need to be appealed with the doctor's statement proving that the care was the result of a medical emergency. [Source: Navy Times Jim Hamby article 7 JUL 03]

State Department Overseas Records: The State Department might be able to provide reports of birth, marriage and death that occurred overseas. Go to  http://www.travel.state.gov  and click on "Travel and Living Abroad." Then click on "Birth, Death and Marriage Records." At the page titled "Birth, Death and Marriage Records", click on "Apply for a copy of a report issued by an American embassy or consulate showing that a U.S. citizen was born, married or died while abroad." That takes you to "Consular Reports of Birth, Death, and Marriage on File with the Department of State." There you will find the information you want, along with a form that can be copied and pasted, and the address where you can mail it. [Source: Armed Forces News 18 JUL 03]

Unclaimed Funds: According to the National Association of Unclaimed Property Administrators (NAUPA), through the years more than $16 billion in dividends checks, regular savings accounts, utility deposits, insurance proceeds and more have gone unclaimed by unsuspecting consumers. Normally, unclaimed assets after a certain time period, called the dormancy period, goes into the hands of the state. The time limit varies with each state and can change. Unclaimed funds are held indefinitely by state treasuries until the owners are found. Most invest the money while they hold it and the state is allowed to retain the interest. It is easy to lose track of funds. Savings accounts established for children by relatives are often forgotten about. A typo in your address on record or failure to make a change of address could result in statements or checks being sent to the wrong address and funds being subsequently turned over to the state when they exceed the dormancy period. An insurance company conversion from policyholder ownership to a stock corporation can result in policyholders receiving shares of stock and dividends that may go unclaimed. A deceased relative could have unknowably willed assets to you.
     Generally consumers who claim their property can get it back. States do make an effort to find you or your heirs if they are holding your unclaimed money. Each state has a different approach in publishing or advertising names of those whose assets they are holding. If you have not seen any announcement you can search yourself. Every state now has a web site where consumers can conduct a search. The NAUPA site at http://www.unclaimed.org  will provide links to all state web sites. You can also request a brochure listing all state unclaimed property offices by writing NAUPA, PO Box 11910, Lexington KY 40578-1910. If a firm contacts you claiming to have located funds that they will help you get returned to you for a percentage, check with your state to see if the firm is legitimate. The firm may indeed have found information that concerns funds in federal hands or not yet turned over to a state, but states generally do not charge for returning abandoned property.
[Source: NFCU Homeport Summer 03]

SSA Death Benefit Lump-Sum: When applying for the $255 lump-sum death benefit be prepared to answer the following questions and have as many of the needed documents as possible. You should not delay filing your claim just because you do not have all the documents. SSA will help you get them.

You will be asked:

   * Your name and social security number;

   * The deceased worker's name, gender, date of birth and social security number;

   * The deceased worker's date and place of death;

   * Whether the deceased worker ever filed for Social Security benefits, Medicare or Supplemental Security Income (if so, SSA will also ask for information on whose Social Security record he or she applied);

   * Whether the deceased worker was unable to work because of illnesses, injuries or conditions at any time during the 14 months before his or her death (if "Yes," they will also ask when he or she became unable to work)

   * Whether the deceased worker was ever in the active military service (if "Yes," they will also ask for the dates of his or her service)

   * Whether the deceased worker worked for the railroad industry for 7 years or more;

   * Whether the deceased worker earned social security credits under another country's social security system;

   * The names, dates of birth (or age) and social security numbers (if known) of any of the deceased worker's former spouses and the dates of the marriages and how and when they ended;

   * The names of any of the deceased worker's unmarried children under 18, 18-19 and in secondary school or disabled prior to age 22;

   * The amount of the deceased worker's earnings in the year of death and the preceding year;

   * Whether the deceased worker had a parent who was dependent on the worker for 1/2 of his or her support at the time of the worker's death; and

   * Whether the deceased worker and surviving spouse were living together at the time of death.

If you are the surviving spouse, you will also be asked:

   * Whether you have been unable to work because of illnesses, injuries or conditions at any time within the past 14 months (if "Yes," they will also ask when you became unable to work);

   * Whether you or anyone else ever filed for Social Security benefits, Medicare or Supplemental Security Income on your behalf (if so, we will also ask for information on whose Social Security record you applied); and

   * The names, dates of birth (or age) and social security numbers (if known) of any of your former spouses and the dates of the marriages and how and when they ended.

If you are not the surviving spouse, they will also ask for the surviving spouse's name and address.

     You should bring certified copies as applicable of the death certificate, marriage contracts, birth certificates, and your checkbook or other papers that show your account number at a bank, credit union or other financial institution to sign up for Direct Deposit.
[Source:  http://www.ssa.gov/online/ssa-8.html  MAY 03]

CR Update 13: The Secretary of Defense Rumsfeld sent another emphatic message this week that he opposes spending any more money on health care or disabled retirees. His July 8 "heartburn letter" to House and Senate Armed Services Committee leaders said he would "join other senior advisors to the President in recommending that he veto the FY2004 Defense Authorization Bill if it includes Senate-passed provisions authorizing concurrent receipt of military retirement pay and veterans' disability compensation benefits, or expands TRICARE." It said he'd also recommend a veto if the defense bill includes any change that would hamper a new round of base closures in 2005.
     The Administration's opposition to concurrent receipt is nothing new. It's what made Congress backpedal last year after both chambers passed substantive concurrent receipt plans. The pressure is on again this year, as the Senate-passed bill would authorize full concurrent receipt, and 202 representatives have signed a discharge petition that would force a vote on the issue in the House. Unfortunately this has become a partisan issue and because of presidential pressure only one republican has signed the petition. This year, Secretary Rumsfeld has stooped further to oppose much-needed health coverage continuity for drilling members of the National Guard and Reserve. Tens of thousands of these families have experienced significant health insurance problems in recent years because of the change in their coverage status when mobilized to and demobilized from active duty. Many had to try to find new doctors who would take TRICARE when they were mobilized and then switch providers again when reverting to their private health plan. Members called to war had to worry whether their families would get information about TRICARE, find a participating doctor, or encounter billing hassles. Too often, their worries proved well founded.
     The Senate responded by passing a plan to let drilling Guard and Reserve members enroll in TRICARE coverage year-round (for a fee) or elect to have the government pay part of their civilian insurance premium while mobilized. Virtually all military and veterans' associations think such health coverage continuity is essential to protect Guard and Reserve families hurt by multiple mobilizations to fight our country's battles around the world. If national policy requires frequent mobilizations of the Guard and Reserve, we can't keep disrupting their families' health care. We can either build a retention tool or ignore a problem that causes many servicemembers to think twice about reenlisting.
     The signature total for Rep. Jim Marshall's (D-GA) concurrent receipt discharge petition has only increased by one to 202, but that doesn't mean the issue is going away. Legislators are being deluged by messages from veterans in support of the petition. Those co-sponsors of H.R. 303 who have not signed on are finding it harder and harder to explain their paradoxical behavior to their constituents. Many who haven't yet signed are putting pressure on the House leadership to work out a substantive concurrent receipt deal. Non-signers are faced with a choice between deferring to their leadership or deferring to their constituents, and a flurry of messages is the best way to remind them which side is more important. A full list of the non-signers can be found at http://www.moaa.org/Legislative/nonsigners.asp with color-coded indicators of previous support. You can use MOAA's Web site http://capwiz.com/moaa/home/ to send a prepared message to your representative, asking for his or her support. [Source: MOAA's Legislative Update 11 JUL 03]

Bronze Star Medal - WWII: World War II veterans who earned the Combat Infantry Badge (CIB) or the Combat Medical Badge (CMB) are eligible to receive the Bronze Star Medal (BSM). Army Regulation 680-8-22, which governs Military Awards states the BSM is authorized for all servicemembers who earned a Combat Infantry Badge or the Combat Medical Badge. The award of either of these badges is considered as a citation in orders of documentary evidence of exemplary conduct in ground combat again an armed enemy prior to 1 July 1947.
     Executive Order 9419 dated 4 February 1944, which was superseded by Executive Order 11046 dated 24 August 1962 established the BSM. The BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. The BSM based on the award of the CIB or CMB before 1 July 1947 may be awarded by a letter application submitted to National Personnel Records Center, Medal Section (NRPMA-M) , 9700 Page Ave, St. Louis, MO 63132-5100.
[Source: NAUS Update 11 JUL 03]

SSA Disability Criteria: The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. Disability under Social Security is based on your inability to work. They consider you disabled under Social Security rules if you cannot do work that you did before and they decide that you cannot adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or to result in death.
     This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments. To decide whether you are disabled, SSA uses a step-by-step process involving five questions:

1. Are you working? If you are working and your earnings average more than $740 a month, you generally cannot be considered disabled. If you are not working, they go to Step 2.

2. Is your condition "severe"? Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, they will find that you are not disabled. If your condition does interfere with basic work-related activities, they go to Step 3.

3. Is your condition found in the list of disabling conditions? For each of the major body systems, SSA maintains a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, they have to decide if it is of equal severity to a medical condition that is on the list. If it is, SSA will find that you are disabled. If it is not, they then go to Step 4.

4. Can you do the work you did previously? If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then they must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, they proceed to Step 5.

5. Can you do any other type of work? If you cannot do the work you did in the past, they see if you are able to adjust to other work. They consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.
[Source: http://www.socialsecurity.gov/disability Oct 02]

Medicare Therapy Services Limits: Starting on 1 SEP 03, Medicare will limit how much it covers for outpatient Physical Therapy (PT), Speech-Language Pathology (SLP), and Occupational Therapy (OT) The new limits are $1,590 per year for PT & SLP combined, and $1,590 per year for OT. After you pay your $100 yearly Medicare Part B deductible, Medicare pays its share (80%) and you pay your share (20%) of the cost. In 2003, the limits only apply to therapy services you get between 1 SEP and 31 DEC 03. This means that you can get the full amount of the annual limits for this four-month period.
     The limits generally don't apply to the therapy services you get at hospital outpatient departments. Medicare should continue to pay for therapy services if you get them in a hospital outpatient department unless you reside in a Medicare-certified bed in a skilled nursing facility. The therapy limits do apply to outpatient therapy you get from Doctors, Physical therapists, Occupational therapists, Speech-language pathologists, Nurse practitioners, Clinical nurse specialists, and Physician assistants received at:

   * Private practices of therapists, physicians and non-physician practitioners,

   * Outpatient rehabilitation facilities/rehabilitation agencies,

   * Comprehensive outpatient rehabilitation facilities,

   * Skilled nursing facilities (SNF) for outpatients or residents who aren't in Medicare- covered stays, and

   * Home, from home health agencies for outpatients who aren't getting Medicare-covered home health care.

Example 1: Mr. Jones has Medicare Part A and Part B. He has already paid his yearly Part B deductible ($100 in 2003). In September and October 2003, he got medically necessary PT and SLP at his therapists' private offices. Mr. Jones' combined outpatient PT and SLP costs total $2,000. The Medicare-approved limit is $1,590. In this example:

   * Medicare pays 80% of the $1,590 limit ($1,272).

   * Mr. Jones pays 20% of the limit ($318) and the extra amount over the limit ($410).

   * Mr. Jones pays a total of $728 for these services.Medicare will not cover any more outpatients PT or SLP for Mr. Jones until 2004, unless he gets it at a hospital outpatient department.

Example 2: Ms. Jackson gets outpatient OT, which costs $1,000. The Medicare-approved limit is $1,590.

   * Medicare pays 80% of the $1,000 cost ($800).

   * Ms. Jackson pays 20% of the cost ($200).

If Ms. Jackson needs more OT in 2003, Medicare will cover 80% of up to $590 in additional OT costs (reaching the $1,590 limit). After she reaches the limit, she can choose to go to a hospital outpatient department to get therapy services.  Ms. Jackson would still have to pay the co-payment for these services.
     Any outpatient PT, SLP, or OT received before September 1, 2003 doesn't count toward the outpatient therapy limit for 2003. In 2004, the limits will apply to therapy services for the whole calendar year.
     Additional info is available at  http://www.medicare.gov  or call 1-800-MEDICARE (1-800-633-4227). TTY users should call 1-877-486-2048. [Source: Ft. Gordon JUN 03 Retiree Newsletter]

Tricare Routine Medical Care: Tricare and Medicare cannot pay for a service that is not medically necessary. The fact that a physician may order or prescribe a given service does not, in itself, make it medically necessary. Both programs require, at a minimum, that the service be medically necessary and appropriate for the patient's diagnosis, symptoms and history. If your claim is denied the reason for the denial is printed on the Explanation of Benefits [EOB]. Sometimes a claim will be denied simply because of the way the service was billed. A service reported as "routine" on a bill almost always will be denied without additional medical information to show exactly what was done and why. An example would be a claim for a "routine physical" that was provided as an evaluation and management of the general health of an adult or child conducted in the absence of a presenting complaint or other indication of illness or injury. [i.e. The patient was not sick and had no symptoms or signs of disease]. However, a physical examination that leads to the diagnosis of a disease condition is permitted and a claim may be submitted for the examination. Also, those having Tricare Prime can receive physical exams at no charge as well as certain immunizations, exams for various cancers and infectious and cardio-vascular diseases, and other screenings, with certain age and frequency limitations. If it can be shown that a denied claim was for a service that was medically necessary you or your doctor should file an appeal.
     Both Medicare and Tricare cover periodic exams for breast and female reproductive system cancer, prostrate cancer, colon cancer and the like, depending on the patient's age and personal or family history. However, the charge must be part of an itemized bill to document its appropriateness for the particular patient. Well-child care may be covered if with clinical preventive care.
[Source: Jim Hamby Navy Times 23 JUN 03 ++]
     The Agency for Healthcare Research and Quality (AHRQ) provides evidence-based information on health care outcomes; quality; and cost, use, and access. Information from AHRQ's research helps people make more informed decisions and improve the quality of health care services. Two new pamphlets from the AHRQ-sponsored U.S. Preventive Services Task Force, "Women: Stay Healthy at Any Age: Checklist for Your Next Checkup"  http://www.ahrq.gov/ppip/healthywom.htm  and "Men: Stay Healthy at Any Age: Checklist for Your Next Checkup" http://www.ahrq.gov/ppip/healthymen.htm  tell you exactly what you need to know about the most important screening tests. The pamphlets also include information on how to stay healthy plus checklists that allow patients to record which screening tests they've received, when, and when they should be tested again. Printed copies of the checklists can be mailed to you. Copies may be ordered from the AHRQ Publications Clearinghouse by calling (800) 358-9295 or sending an email message to ahrqpubs@ahrq.gov [Source: Milton Bell Health msg. Mon, 14 Jul 03]

NPRC Online Records Request: The National Personnel Records Center is working to make it easier for veterans with computers and Internet access to obtain copies of documents from their military files. Military veterans and the next of kin of deceased former military members may now use a new online military personnel records system to request documents. Other individuals with a need for documents must still complete the Standard Form 180 that can be downloaded from the web site http://www.archives.gov/facilities/mo/st_louis/military_personnel_records/standard_form_180.html The new web-based application was designed to provide better service on these requests by eliminating the records center's mail room processing time. Also, because the requester will be asked to supply all information essential for NPRC to process the request, delays that normally occur when NPRC has to ask veterans for additional information will be minimized. Veterans and next of kin can access this application at  http://vetrecs.archives.gov
[Source: MOAA Benefits Information Update - July 03]

Guardians of Freedom Pins: The Air Force's grass-roots outreach information and recognition Guardians of Freedom program, has sent letters and lapel pins to more than 200,000 parents of airmen to date. The program began in 2002 as a way for Air Force leaders to recognize the employers of reservists and guardsmen who were called to active duty to support operations Noble Eagle and Enduring Freedom. The recognition program expanded in May to include parents. Nominated parents receive a personal letter signed by the Air Force's senior leaders and a lapel pin emblazoned with the Air Force logo and the letter "P ". All active-duty, Air National Guard and Reserve airmen may participate in the program. Airmen may request up to two parent pins and letters to be sent to either their parents or people they view as parental figures. To participate, visit http://www.yourguardiansoffreedom.com  or  contact carolyn.young@pentagon.af.mil  [Source: Armed Forces News 18 JUL 03]

Bulletin Transmission Problems: Some veterans are experiencing problems in receiving the RAO Bulletin. I have been in contact with our Mozcom server regarding these problems. One cause is that because of the large number of virus' coming out of the Philippines some servers block all messages originating in the Philippines. In some cases we can get your server to unblock messages from Mozcom but not in all. Another problem is that many servers have incorporated programs to filter or reject messages as spam. These programs activate on certain words contained in the message such as "credit, free, offer, sex, return, tax, promotion, etc." Whatever the cause you may experience one or more of the following :

1. Bulletin's MS Word text format changed to an attachment format.

2. Bulletin's message text deleted and only its header data is forwarded to you.

3. Bulletin causes your Outlook Express email program to lock up each time you attempt to access the message.

4. Bulletin message is rejected by your server and sent back to me annotated either "undeliverable", "relaying denied", "blocked", or "failed".

5. Bulletin message is rejected by your server and not sent back to me nor are you notified that a message has been rejected.

At present this is predominantly happening with the big free email providers such as "msn.com" but to a lesser degree other servers who are all doing things we do not know about to combat Virus' & Spam. Seems each week the list of servers involved grows. My server's suggestion to combat these problems is to send messages individually vice in groups. However this is not feasible because of the amount of time that would take to send to over 30,000 messages. I am open to suggestions and am continuing to look for a solution. I have found out that some server's Virus/SPAM programs can be bypassed if a code word is added to their customers addee by the sender. For example the addee <john.doe@intrnet.net> if changed to <john.doe+subscribed@intrnet.net> will bypass that server's program and reach the intended recipient. Since I have no problem receiving your messages, request advise by email to raoemo@mozcom.com when the current transmission medium causes you problems or you stop getting the Bulletins. If notified, I will ask you to check with your server, if you have not already done so, to see if there is anyway to stop blocking or refusing the messages. If not, I will move your addee to a supplemental directory for separate transmission via the stateside web based server "Hotmail". Unfortunately, this alternative is reaching an unmanageable level and does not always work. I may have to remove you from the Bulletin directory entirely if you cannot provide me another email addee to send the Bulletin to. In the interim you can review recent and new issues of the Bulletin at  http://post_119_gulfport_ms.tripod.com/rao1.html The Bulletin is sent on the 10th/20th/30th of the month so you will know this has happened to you if you do not receive it or receive it via my Hotmail account. As always anyone not desiring to receive the Bulletin only has to notify me to be removed as explained in the "All Hands" messages you were initially sent.
[Source: RAO Office 10 JUL 03]

CRSC Update 7: To date DOD has received over 12,000 applications for Combat-Related Special Compensation. At least 100 will be approved to receive payments July 1. The number of approved applications should increase significantly each month as the applications move through the review process.

DoD has three suggestions to improve the quality of an application, which will aid in managing the requests:

1. Be careful to classify disabilities as awarded by the VA. A retiree who does not have this information should contact the VA regional office and request a listing of their disabilities by VASRD code (VA Schedule of Rating Disabilities). The VA has notified regional offices to expect and support such requests. The VA has been very helpful to DoD and the two Departments are working closely to achieve an effective flow and exchange of information needed to operate the CRSC program.

2. A retiree should try to find and submit a copy of the first VA rating decision on the disability that shows the basis of the award. This is especially needed for Post-Traumatic Stress Disorder (PTSD) claims. More recent ratings may show only that the disability has been increased in percentage with no information about the origin of the disability or basis of the award.

3. Retirees should avoid submission of unrelated documents. The retiree should try and provide only those supporting documents that deal with qualifying conditions. This is especially true for medical records. The review board may find it difficult to document a combat disability if the retiree sends in all his/her medical records.
     Members must apply to their own branch of service using DD form 2860, Application for Combat-Related Special Compensation (CRSC). Information is available at http://dod.mil/prhome/crsc.html
     Department of Veterans Affairs Policy regarding CRSC was released on 20 June 2003 to its Regional Offices. The following was extracted from the policy statement. To see the entire statement visit http://www.crlegislation.com/News/CRSC%20VA%20Instructions.htm
     “Local offices must be familiar with the general outlines of CRSC. The administration of the CRSC program, however, rests solely with DoD. Therefore, questions concerning anything specific in nature should be referred to the retiree’s service department. We anticipate that the service departments will request records from VA through the Compensation and Pension Service. We are exploring securing a national contract with a vendor to provide copying services for this project, and to send the documents directly to the appropriate CRSC Board. The C&P Service will receive the requests, determine folder locations and advise local offices of the records that need to be provided. Specific information with respect to this process will be forthcoming. VA will provide photocopies of the following records to the service departments when requested:

1. All DD214s and DD215s of record

2. All service medical records

3. All formal ratings (exclude hand written C&C ratings and specialty ratings such as Chapter 31 ratings, special adapted housing ratings, etc.)

When providing ratings, it is essential to include the coded conclusion. Retirees may call and ask for a copy of their M13 screen or a copy of their rating code sheet. Such information should be given to the retiree to assist in filing his/her claim with DoD. While DoD advises retirees that DoD will come to VA for additional information if needed to decide the claim, we expect that some retirees will come to you for copies of their records. If those requests are in writing, the request falls under the Privacy Act and must be handled in accordance with the limitations of that law.”
[Source: NAUS Update 3 JUL 03]

Shad Update 2: On 30 JUN 03 the DoD announced the completion of its nearly three-year investigation of the operational biological and chemical warfare testing done from 1962-1973 by the Deseret Test Center under Project 112. Project 112 was a joint program initiated in 1962 out of concern for DoD’s ability to protect and defend against these potential threats. The Deseret Test Center planned 134 tests, conducted 50 tests and canceled 84 tests. The 10 new fact sheets, along with the 46 fact sheets previously released, present information on every chemical and biological test done by the Deseret Test Center under Project 112.
     This DoD effort was undertaken at the request of the VA to respond to the claims of some veterans that tests conducted in the 1960s and early 1970s may have affected their health. The fact sheets cover tests performed both at sea and on land. The DoD has provided the VA the names of 5,842 military personnel who were present during one or more of these tests. Details from all 56-fact sheets have been compiled into a chart at http://www.deploymentlink.osd.mil/current_issues/shad/shad_chart/shad_chart_8.shtml to make it easier for veterans to find information that may apply to their service. Veterans who believe they were involved in Deseret Test Center tests and desire medical evaluations should call the VA’s Helpline at (800) 749-8387. Veterans who have DoD-related questions or who are DoD beneficiaries and have medical concerns or questions should contact the Deployment Health Support Directorate’s contact center at (800) 497-6261 or email special.assistant@deploymenthealth.osd.mil or mail to The Special Assistant Deployment Health Support, Four Skyline Place, Suite 901, 5113 Leesburg Pike, Falls Church, VA 22041
[SOURCE: DeploymentLink web site at http://www.deploymentlink.osd.mil ]

Senate Secret Hold Tradition: Within the United States Senate, there is a tradition that allows Senators to lodge secret, or “anonymous”, holds against a bill and block it indefinitely. This even applies to bills that have strong bi-partisan support such as the HEROES Act, a bill that would ease the student-loan burden for soldiers fighting overseas. This bill passed the Higher Education Relief Opportunities for Students that passed the House with a 421-1 vote. The single vote against was accidentally cast by one of the bill’s sponsors. In this example case, Sen. John Edwards (D-NC) is being credited with blocking Senate action on the HEROES Act by a “secret hold”. There is no legitimate reason other than national security matters for this bill or any other bill to be held hostage by a single Senator exercising a Senate tradition. Because of this allowable tradition any senator can stop legislation or a nomination without public accountability to his constituents or the nation.
     Public accountability could be assured if the Senate would adopt the Grassley-Wyden proposal, S.RES 151. This resolution would eliminate secret Senate holds by requiring a Senator who objects to a bill or matter to disclose the notice of objection (or hold) in the Congressional Record in a section reserved for such notices not later than 2 session days after the date of the notice. If you agree that it is time for the Senate to lift its veil of secrecy when it comes to conducting the nation’s non-classified business, contact your two Senators to urge passage of S. RES 151 to provide public accountability. Otherwise, veterans are deprived of being able to weigh all factors when deciding who to cast their vote for.
[Source: NAUS Leg UP 3 JUL 03]

Presidential Line Of Succession: The original U.S. Constitution provides that if neither the President nor Vice President can serve, the Congress shall provide law stating who is next in line. Currently that law exists as 3 USC 19, which was established as part of the Presidential Succession Act of 1947, enacted by President Truman. It provides for following line of succession:

  1 - Vice President Dick Cheney
  2 - Speaker of the House J. Dennis Hastert
  3 - President pro term of the Senate Ted Stevens
  4 - Secretary of State Colin Powell
  5 - Secretary of the Treasury John W. Snow
  6 - Secretary of Defense Donald Rumsfeld
  7 - Attorney General John Ashcroft
  8 - Secretary of the Interior Gale A. Norton
  9 - Secretary of Agriculture Ann M. Veneman
10 - Secretary of Commerce Donald Evans
11 - Secretary of Labor Elaine L. Chao
12 - Secretary of Health and Human Services Tommy G. Thompson
13 - Secretary of Housing and Urban Development Mel Martinez
15 - Secretary of Transportation Norman Y. Mineta
16 - Secretary of Energy Spencer Abraham
17 - Secretary of Education Rod Paige
18 - Secretary of Veterans Affairs Anthony J. Principi

     According to the Washington Times, Congress is considering the inclusion of the Secretary of Homeland Security - the head of the largest and one of the most powerful Cabinet level departments - as eighth in line of succession behind the Attorney General and before the Secretary of Agriculture. [Source: NAUS Leg UP 3 JUL 03]

Telemarketing Call Elimination: Consumers nationwide can now register at  http://www.donotcall.gov  to reduce the number of telemarketing calls they get. After doing this, they must respond to an e-mail confirmation within 72 hours to complete the process. During the first five days of registration, about 15 million phone numbers were logged into the registry. The FTC, the FCC, and many states will begin enforcing the "do not call" provisions of the Telemarketing Rules on October 1, 2003 for those who have registered by August 31. However, calls from political organizations, charities, and surveyors are not covered by the National Registry requirements. In addition, companies with which consumers have established a business relationship or have made an inquiry can call for certain periods of time unless directly asked not to do so. After October 1, telemarketers will be required to access the registry every three months and scrub numbers on it from their call lists. Telemarketers who call a number on the list could be fined up to $11,000 per call. Consumers who have been registered for three months can complain at http://www.donotcall.gov
     At present 27 states have do-not-call lists. These states are listed at http://www.ftc.gov/bcp/conline/edcams/donotcall/statelist.html and most plan to transfer their information to the National Do Not Call Registry.
[Source: FTC news release June 27, 2003]

Tricare Newborn Care: After the birth of the baby, mothers who obtained a non availability statement (NAS) to cover the birth should check with their local health benefits adviser, beneficiary counseling and assistance coordinator or TRICARE service center to see if the baby requires a separate NAS. A newborn’s NAS is entered retroactively after the newborn is enrolled in the Defense Enrollment Eligibility Reporting System (DEERS). If the sponsor is active duty, the newborn will be automatically enrolled in TRICARE Prime. If the sponsor is retired and any member of the family is enrolled in Prime, the newborn also is automatically enrolled in Prime. An automatic Prime enrollment lasts 120 days. If the sponsor wants the baby to remain in TRICARE Prime, the newborn must be formally enrolled in Prime within 120 days from birth or the child’s benefit will change to TRICARE Standard.
     For routine newborn care, separate claims are filed, but the baby’s care is paid as part of your maternity care for the first three days, if the baby is eligible. If the baby has to stay in the hospital more than three days, stays after the mother leaves or needs other than routine newborn care while both are still in the hospital, the baby is considered a patient in his/her own right. Claims must be filed separately for the baby’s non routine care. If the mother lives in a MTF’s catchment area and her baby must stay in a civilian hospital after she leaves the civilian facility, she may need to get a NAS for the baby from the military hospital, or the baby may have to be transferred to the MTF. Patients should check with the MTF for more information. The above applies only to newborns who are TRICARE eligible. Parents should be sure to enroll their baby in the DEERS as soon as possible to avoid claims payment problems.
     TRICARE Extra and TRICARE Standard health benefits have been expanded so that eligible children up to age 6 can receive well-child care from authorized civilian providers of care, such as the services available to those who enroll in TRICARE Prime. The benefits include routine newborn care, health supervision examinations, routine immunizations, periodic health screening and developmental assessment in accordance with American Academy of Pediatrics guidelines. Well-child care is covered for children from birth to age 6 when services are provided by the attending pediatrician, certified nurse practitioner or certified physician assistant. For children who require health screening and immunizations, TRICARE will cost-share visits and immunizations up to midnight of the day before the child turns 6 years old. Well-baby care for newborns includes the routine care of the baby in the hospital, and a variety of tests, as well as newborn male circumcision. After the baby goes home, up to nine well-baby visits in a two-year period are covered. The visits include such things as a history intake, physical examination, a mental health assessment and a developmental and behavioral evaluation. The well-baby and well-child care programs include:

   * Immunization, according to recommendations by the Centers for Disease Control

   * Heredity and metabolic screening

   * Tuberculin tests, at 12 months of age and once during the child’s second year

   * Hemoglobin or hematocrit testing, once each during the first and second years

   * Urinalysis, once each during the first and second years

   * Annual blood-pressure screening between 3 and 6 years of age

   * Blood lead test, during each well-child visit from 6 months to 6 years of age

   * Health guidance/counseling, including breast-feeding and nutritional counseling

   * Additional services or visits that may be required because of specific medical findings

     For more information, patients may contact their local health benefits adviser, beneficiary counseling and assistance coordinator, TRICARE service center or visit the TRICARE Web site at http://www.tricare.osd.mil
[Source: Tricare Fact Sheet http://www.tricare.osd.mil/factsheets 11 JUN 03]

SSA Death Benefit Lump-Sum:  When applying for the $255 lump-sum death benefit be prepared to answer the following questions and have as many of the needed documents as possible. You should not delay filing your claim just because you do not have all the documents. SSA will help you get them.

You will be asked:

&#61623; Your name and social security number;

&#61623; The deceased worker’s name, gender, date of birth and social security number;

&#61623; The deceased worker’s date and place of death;

&#61623; Whether the deceased worker ever filed for Social Security benefits, Medicare or Supplemental Security Income (if so, SSA will also ask for information on whose Social Security record he or she applied);

&#61623; Whether the deceased worker was unable to work because of illnesses, injuries or conditions at any time during the 14 months before his or her death (if “Yes,” they will also ask when he or she became unable to work)

&#61623; Whether the deceased worker was ever in the active military service (if “Yes,” they will also ask for the dates of his or her service)

&#61623; Whether the deceased worker worked for the railroad industry for 7 years or more;

&#61623; Whether the deceased worker earned social security credits under another country’s social security system;

&#61623; The names, dates of birth (or age) and social security numbers (if known) of any of the deceased worker’s former spouses and the dates of the marriages and how and when they ended;

&#61623; The names of any of the deceased worker’s unmarried children under 18, 18 to19 and in secondary school or disabled prior to age 22;

&#61623; The amount of the deceased worker’s earnings in the year of death and the preceding year;

&#61623; Whether the deceased worker had a parent who was dependent on the worker for ½ of his or her support at the time of the worker’s death; and

&#61623; Whether the deceased worker and surviving spouse were living together at the time of death.

If you are the surviving spouse, you will also be asked:

&#61623; Whether you have been unable to work because of illnesses, injuries or conditions at any time within the past 14 months (if “Yes”, they will also ask when you became unable to work);

&#61623; Whether you or anyone else ever filed for Social Security benefits, Medicare or Supplemental Security Income on your behalf (if so, we will also ask for information on whose Social Security record you applied); and

&#61623; The names, dates of birth (or age) and social security numbers (if known) of any of your former spouses and the dates of the marriages and how and when they ended.

     If you are not the surviving spouse, they will also ask for the surviving spouse’s name and address. You also should bring certified copies as applicable of the death certificate, marriage contracts, birth certificates, and your checkbook or other papers that show your account number at a bank, credit union or other financial institution to sign up for Direct Deposit. [Source: http://www.ssa.gov/online/ssa-8.html MAY 03]

Pharmacy Benefit Options:  The pharmacy benefit is available to all TRICARE beneficiaries. Yjos includes active duty personnel and their eligible family members, as well as retired military personnel and their eligible family members-including TRICARE For Life. The patient cost (co-pay) of medications varies depending upon the pharmacy option used. The available TRICARE pharmacy options are the medical treatment facility (MTF), the TRICARE Mail Order Pharmacy (TMOP), and the network or non- network retail pharmacy.

&#61623; MTF - Medications are provided at the MTF pharmacy at no cost to the patient. Not all medications are available at every MTF, so it is a good idea to speak to a pharmacist or other representative at the MTF prior to your visit, unless you are sure it stocks the particular medication you need. This is especially true if you are traveling a long distance to reach the MTF.

&#61623; TMOP - The TMOP is available to beneficiaries who live in the United States or who have an overseas APO/FPO address. If you live overseas and use a foreign mailing address or if you have other private prescription coverage, this option is not available to you. The co-pay through the TMOP is $3.00 for generic drugs and $9.00 for brand name drugs for up to a 90-day supply, which is the maximum allowed per filling.

&#61623; RETAIL PHARMACIES - Retail pharmacies consist of those within the network that are identified as retail network pharmacies and those outside the network that are identified as non-network pharmacies. Only network pharmacies can process your prescription electronically allowing you to make just your co-pay at the time of filling. The retail pharmacy network co-pay is $3.00 for generic drugs and $9.00 for brand name drugs for each 30-day supply or each portion of a 30-day supply. Prescriptions filled at non-network pharmacies require full payment by the patient and the subsequent filing of a manual claim form. Prescriptions filled at a non-network retail pharmacy are subject to a fiscal year (1 Oct-30 Sep) outpatient deductible ($150 per person or $300 per family). Once the deductible is met, the reimbursement is the greater of $9.00 or 20 percent of the cost. The maximum amount allowed per filling for any retail pharmacy is a 90-day supply. The patient will make a $3/$9 co-payment for each 30-day increment.

Factors affecting use of your pharmacy benefit are:

1. If you have other health insurance that includes a pharmacy benefit, you must use that insurance first. You may then file a secondary manual claim to TRICARE for appropriate reimbursement. Include a copy of the pharmacy explanation of benefits with the TRICARE claim form. TRICARE will normally reimburse most or all of any costs not covered by the other health insurance.

2. If traveling outside of your home region, the pharmacy may not be able to file electronically, requiring you to pay full cost at the time of filling. You would then file a manual claim with TRICARE.

3. Make sure that you include the receipt from your pharmacy when filing all manual claims with TRICARE.

4. Some medications filled at the TMOP or a retail pharmacy require prior authorization before the prescription can be filled. Criteria and prior authorization request forms may be found online at the TMOP Website (Formulary Page) http://www.pec.ha.osd.mil/TMOP/TMOPhome.htm#2c-PA or the PEC website (Prior Authorization Page) http://www.pec.ha.osd.mil/PA_Criteria_and_forms.htm

5. There are many variables that can affect the processing of claims. If you question the accuracy of your claims, contact a Beneficiary Counseling and Assistance Coordinator (BCAC) at the nearest MTF or the TRICARE Help E-mail Service. A BCAC Directory is available at http://www.tricare.osd.mil/BCACDirectory.htm

6. Make sure your prescriptions are written in multiples of 30 days, as co-payments are based on each 30-day supply or portion of a 30-day supply. For example, a 31-day supply will cost you twice as much as a 30-day supply; i.e., the same co-pay as a 60-day supply.
[SOURCE: THEMS Newsletter June 2003 Volume 2, Issue 6]

CRSC Update 5: The DD Form 2860 combat-related special compensation [CRSC] application is available from retiree affairs offices at military bases and online. Online it can be downloaded from:

   * Army Times Web site.

   * Military Officers Association of America http://www.moaa.org/BenefitsInfo/crsc/crsc.asp

   * Defense Department forms site http://web1.whs.osd.mil/icdhome/ddeforms.htm

   * Defense Department CRSC site https://www.dmdc.osd.mil/crsc

     The DoD CRSC site allows retirees to fill in the application online, but a completed form must be printed and mailed because electronic filing is not available. Access to this web site will require a DoD certificate. The certificate is used to verify the authenticity of the web server prior to transmitting information from the web site. Completion and acceptance of the certificate online is a one time process. Once the certificate is accepted, it will provide future access to the web site. For Netscape users the New Site Certificate wizard will appear. Click Next until the Accept Certificate screen appears. Then select, "Accept this certificate forever (until it expires)"...and then continue clicking Next and Finish. For Internet Explorer users a Security Alert warning will appear, click OK. At the next screen, click "View Certificate"...then click Install Certificate. The Certificate Manager Import wizard will open...and then continue clicking Next and Finish.
     CRSC Payments are not necessarily dollar for dollar. The amount of the CRSC payment will be based only on the veteran's rate of disability pay, and will not include the added amount received by veterans with dependents or additional disability awarded for those who are unemployable. In such cases, the veteran's CRSC payment will not offset the dollar-for-dollar reduction in retired pay that is currently levied. The amount can be significant, such as in the case of a veteran with a spouse and child whose VA disability is rated at 100 percent. After receiving CRSC of $2,193 monthly, the retired pay would still have a net reduction of $215 each month. For those with a lesser rating but who receive the 100% rate due to unemployability the net reduction would be much higher. [Source: Armed Forces News Issue 13 JUN 03]
     According to retiree advocates eligibility rules drawn up by the Pentagon for the new CRSC may leave most reserve retirees out in the cold. For reservists, years of service are computed on a point system, with 7,200 points needed to qualify for the special pay, which would work out to an average of 360 points a year for 20 years of service. Charles Revie, an Army retiree who is the director for Guard and Reserve of the Uniformed Services Disabled Retirees, said it is virtually impossible for a reservist to get enough points during 20 years of combined active duty and reserve service. In careers that last longer than 20 years it would be very difficult. Active duty time earns 360 points per year but reserve service points are earned through membership, attending drills and other training. The maximum number of points that reservists could earn per year was limited to 60 points before 1996, 75 points from 1996 to 1999 and has been 90 points since 2000. Thus, a 60-year-old reserve retiree who spent 15 years on active duty and 13 in the reserves and has a 100 percent disability rating related to his service in Vietnam would not qualify for the new pay. The reserve community has been fighting the computation procedure since defense officials started using it to award special compensation for disabled retirees. Special compensation is the payment of up to $300 a month for those who received a disability rating from the VA of 60 percent or more within four years of leaving military service. The Pentagon has blamed Congress, which has refused to change the definition of reserve service because of worries that tinkering with current benefits for disabled retirees would distract attention from efforts to totally eliminate the current offset in retired pay for all disabled veterans. The Senate passed an amendment to the 2004 defense authorization bill 4 JUN 03 that would provide concurrent receipt of both benefits without an offset. But neither the House nor Senate version of the bill contains any provision to change how reserve retirement is counted when determining eligibility for the new CRSC. [Source: Army Times 16 JUN 03 Rick Maze Times staff article]

TFL Medicare Enrollment Update 1: The Senate Finance Committee is proposing to create a Medicare pharmacy benefit. This will not affect military TRICARE Senior Pharmacy benefits. The military program is a separate, employer-provided benefit. Adding pharmacy coverage to Medicare is not expected to affect it in any way. However, the Senate Finance Committee has agreed to include an amendment by Senator Blanche Lincoln (D-AR) that would waive the late enrollment penalty for military TRICARE For Life (TFL) beneficiaries. Part B enrollment is a perquisite for TFL eligibility, but many beneficiaries who live overseas (where Medicare doesn't pay), or who thought they would have lifetime care in military or VA facilities, were previously counseled by military benefits advisors that they didn't need to enroll in Part B. Those who enroll in Part B after age 65 face stiff late-enrollment penalties. For example, a 75-year-old new enrollee must pay double Part B premiums for life.
     Sen. Lincoln's proposal would eliminate the late-enrollment penalty for Medicare-eligibles who first signed up for Part B between 1 JAN 01 and 31 DEC 2004. It would also permit year-round enrollment through 2004, so that about 90,000 current non-enrollees can access TRICARE For Life. Currently, individuals who do not join Medicare Part B when initially eligible can only do so during the annual open enrollment season, which runs from J1 JAN until 31 MAR each year. The Finance Committee provision would delay receipt of Part B coverage until January 2005 for new late enrollees. The House bill, now being considered by the Ways and Means Committee, would implement the change this year.
[Source: MOAA Leg Up 13 JUN 03]

VA Headstones & Markers: The VA furnishes upon request, at no charge to the applicant, a Government headstone or marker for the grave of any deceased eligible veteran in any cemetery around the world. For all deaths occurring before 11 SEP 2001, the VA may provide a headstone or marker only for graves that are not marked with a private headstone. For deaths after that date a headstone or marker will be provided regardless of whether the grave is already marked with a non-government marker. Headstones and markers are provided for eligible spouses and dependents of veterans only when buried in a national, military post/base, or State veterans cemetery. Flat markers in granite, marble, and bronze, and upright headstones in granite and marble are available. The style chosen must be consistent with existing monuments at the place of burial. Niche markers are also available to mark columbaria used for inurnment of cremated remains.
     To request a headstone or marker VA Form 40-1330 must be submitted by the next of kin, funeral director or cemetery representative, along with a copy of the veteran's military discharge documents. Application for National Guard or Reserves who are entitled must include a copy of the Reserve Retirement Eligibility Benefits Letter with the application. Headstones and markers are provided for eligible spouses and dependents of veterans only when buried in a national, military post/base, or State veterans cemetery. In JAN 2002, VA introduced a toll-free fax service (800) 455-7143 for submitting applications. This service is available 7/24 as an alternative to regular mail. Use of the Fax service can save up to seven days in obtaining a marker. The form and instructions are available at http://www.cem.va.gov The application form on the website can be filled in and printed for submitting by mail or fax. Questions about a headstone or marker application can be directed to VA's Memorial Programs Service applicant assistance unit at (800) 697-6947. Do not send original documents, as they will not be returned. Persons not eligible for a headstone or marker are:

   * Anyone whose only separation from the Armed Forces was under dishonorable conditions or whose character of service results in a bar to veterans benefits.

   * Anyone ordered to report to an induction station, but was not actually inducted into military service.

   * Anyone convicted of a Federal capital crime and sentenced to death or life imprisonment, or convicted of a State capital crime, and sentenced to death or life imprisonment without parole. Federal officials are authorized to deny requests for headstones or markers to persons who are shown by clear and convincing evidence to have committed a Federal or State capital crime but were not convicted of such crime because of flight to avoid prosecution or by death prior to trial.

   * Anyone convicted of subversive activities after 1 SEP 1959. Eligibility will be reinstated if the President of the United States grants a pardon.

   * Members of groups whose service has been determined by the Secretary of the Air Force under the provisions of Public Law 95-202 as not warranting entitlement to benefits administered by the Secretary of Veterans Affairs.

   * A person whose only service is active duty for training or inactive duty training in the National Guard or Reserve Component, unless the individual meets the following criteria:

     (1) Reservists and National Guard members who, at time of death, were entitled to retired pay under Chap 1223, title 10, United States Code, or would have been entitled, but for being under the age of 60. Specific categories of individuals eligible for retired pay are delineated in section 12731 of Chap 1223, title 10, United States Code.

     (2) Members of reserve components who die while hospitalized or undergoing treatment at the expense of the United States for injury or
disease contracted or incurred under honorable conditions while performing active duty for training or inactive duty training, or undergoing such hospitalization or treatment.

     (3) Members of the Reserve Officers' Training Corps of the Army, Navy, or Air Force who die under honorable conditions while attending an authorized training camp or on an authorized cruise, while performing authorized travel to or from that camp or cruise, or while hospitalized or undergoing treatment at the expense of the U.S. for injury or disease contracted or incurred under honorable conditions while engaged in one of those activities.

     (4) Members of reserve components who, during a period of active duty for training, were disabled or died from a disease or injury incurred or aggravated in line of duty or, during a period of inactive duty training, were disabled or died from an injury incurred or aggravated in line of duty.

[Source VANEWS-L 5 JUN 03 &  http://www.cem.va.gov ]

SSA Beneficiary Living Abroad: If you are a beneficiary planning to leave the U.S. to live abroad, you should report your change of address before you leave. You should report the change in your home address even if your payments are being sent to a bank. You may report your new address by calling SSA's toll-free number, 1-800-772-1213, or by getting in touch with the SSA Field Office nearest you. It is recommend that you also read the pamphlet "Social Security--Your Payments While You Are Outside the United States" available at http://www.ssa.gov/international/your_ss.html  which explains how your benefits might be affected. Among other things, the pamphlet explains the following

   * How benefit payments are made outside the U.S., including countries in which direct deposit is available

   * Taxation of benefit payments

   * Conditions under which payment may be made to beneficiaries outside the U.S. who are not U.S. citizens

   * What you need to know about Medicare (Health services obtained outside the U.S. generally are not covered by Medicare)

   * How work outside the U.S. may affect your benefit payments

   * Events that must be reported by beneficiaries outside the U.S.

   * If You Need a Social Security Card

     Generally, the only individuals outside the U.S. who are eligible to apply for an original or replacement Social Security card are U.S. citizens. Noncitizens admitted to the U.S. for permanent residence or with other Immigration and Naturalization Service (INS) authority to work in the U.S., can apply for their Social Security card after they are admitted in the U.S. Further information is available in SSA Publication No. 05-10096 "Lawfully Admitted Aliens--When you Need a Number and When you Don't" at http://www.ssa.gov/pubs.10096.html Otherwise, SSA can assign you a number or issue a duplicate or corrected card only if a Social Security card is required by law as a condition of receiving a federally-funded benefit to which you have an established entitlement. If you need a card and are eligible to apply for one, you may obtain an application at any American embassy or consulate. Individuals in the U.S. military may obtain an application from the Post Adjutant or Personnel Office. You also can access an "Application for a Social Security Card - Foreign Service (SS-5-FS)" at  http://www.ssa.gov/online/ss-5fs.html
     As a result of a special arrangement between SSA and the Department of State, a parent who completes an "Application For Consular Report Of Birth Of A Citizen Of The United States Of America" completes at the same time an "Application For Social Security Number Card." When the report of birth application is approved, the American embassy or consulate sends the application for a Social Security card to the Office of International Operations (OIO) for processing. It is not necessary for the parent to complete a separate application. Usually, an application for a Social Security card is processed within 45 days after it is received in OIO.
     The Internal Revenue Service (IRS) will issue an individual taxpayer identification number (ITIN) to nonresident aliens (such as spouses or
dependents of U.S. taxpayers) who need a number for tax purposes, but are not eligible to have a Social Security number. An application Form W-7 may be requested from your RAO, an American embassy or consulate, or by writing to IRS, Philadelphia Service Center, ITIN Unit, P.O. Box 447, Bensalem, Pennsylvania 19020. You may also download IRS form W-7 from their Web site at http://www.irs.gov/pub/irs-pdf/fw7.pdf
[Source: http://www.ssa.gov/foreign/leaving_us.htm  MAY 03]

VA Disability Diagnostic Codes: Applicants for Combat-Related Special Compensation (CRSC) require these codes to complete DD Form 2860. Section 13.1.a (1) asks for the four digit Medical diagnosis code of the VA rating award, section 1.b. asks for the current VA rating of this disability, and section 1.c. ask for the origin of the code the applicant gives. Even though the code does not reflect the disability origin it provides a basis for the applicant to identify the origin on plus DFAS cannot effect CRSC pay without it. You will need to obtain the codes from the VA if not already aware of what codes have been designated for their disability. At the same time you may also want to request a free copy of your personalized M-13 report (Compensation and Pension Disability Record). The codes are available from any VARO if the applicant provides his name and VA number. Each VARO has assumed a different policy on dealing with veteran request for these codes. There is no reason why they cannot be provided in response to a phone call if all you want are the codes. In the Philippines you can obtain your codes by calling 528-2500 (1-800-1-888-5252 if calling from outside MANILA), or sending a FAX to (02) 526-8822. If necessary you can mail or hand carry a letter request per the "Sample Format" below provided by the Uniformed Services Disabled Retirees organization to your servicing VARO.

Sample Letter

Date_______

Department of Veterans Affairs
VA Regional Office
_______________(Street Address)
_______________(City, State, Zip)

RE: FOIA/PA Request for a Copy of my VA Rating Decision's Diagnostic Codes

This is a formal Freedom of Information Act (5 USC 552) and Privacy Act (5 USC 552a) Request made by CSM John Doe. SSN: 000-00-000, Branch of Service:
Army, service dates of 26 August 1950 - 31 September 1980. I require this data to comply with the specifications prescribed by the Department of Defense's Combat-Related Compensation (CRSC) Program (i.e., DD Form 2860
Test, May 2003).

Please provide me a copy of my VA Rating Decision(s) Diagnostic Codes; please include the following data and/or records:

1). Service Connection, "Subject to Compensation" listings which includes Medical Diagnosis Code, Current VA Rating of this Disability, and Disability Description.

2). "Combined Evaluation for Compensation". Include any information which refers to any Bilateral Factors and my overall percentile data.

3). All "Ancillary Decision(s)", for example, Basic Eligibility under 38 USC Ch 35.

I request fee waivers along with accommodation within the standards established by The American with Disabilities Act as I suffer from
________________disease and __________________.
If you have any questions, please contact me at 931-000-0000.

Sincerely,

Name and signature

[Source: VARO Manila, USDR msgs 28 May & 4 JUN 03]

Military Benefit Proposals Questioned: The White House Bush budget office does not appreciate the generosity Congress is trying to show service members. In separate policy statements on pending legislation dated 20 & 22 MAY 03 the Office of Management and Budget said Congress was undermining the services and needlessly spending money by proposing increases in death-gratuity payments, expanding commissary shopping privileges for reservists and creating a new incentive pay for troops in South Korea. Efforts by Congress to extend past Sept. 30 increases in imminent-danger pay and family-separation allowance recently signed into law by President Bush also draw concern from budget officials.
     In its May 22 policy statement about H.R. 1588, the House version of the 2004 defense authorization bill, budget officials said the administration is concerned that a number of unsought special pay and benefits authorities divert resources unnecessarily. These mandatory authorities would undermine each military department's determination of whether such additional benefits are warranted and appropriate. The May 20 policy statement about S 1050, the Senate version of the bill, contains similar language. The statements list specific provisions of the bills that are causing concerns. These include:

   * a proposal to expand hazardous-duty incentive pay for reservists deployed overseas for their two weeks of annual training,

   * a new $5-a-day incentive pay for troops who set foot in the Arctic or Antarctic and

   * a new monthly special pay for National Guard weapons of mass destruction civil-support teams.

In the Senate bill, the administration complains about:

   * providing responsibility pay to reserve officers,

   * a provision to double the death gratuity to $12,000 that would be retroactive to the Sept. 11, 2001, terrorist attacks, and

   * the $100 monthly incentive pay for South Korea that lawmakers point out was suggested by U.S. military officials in that country.

The statements do not mention differences between Congress and the Bush administration over a much bigger issue: the 2004 military pay raise. The Senate bill rejects an administration plan to cap pay for E-1s, E-2s and O-1s. Instead of approving the administration's plan for military raises ranging from 2 percent to 6.25 percent, the Senate bill sets the minimum raise for all ranks at 3.7 percent while still allowing for larger raises for mid grade and senior enlisted members. The Senate bill also disagrees with the administration by extending the raises to the Coast Guard, National Oceanic and Atmospheric Administration and Public Health Service. The administration proposed the same 2 percent pay hike for those three uniformed services that it wants to give federal workers.
     Congressional aides said objections by White House budget officials to new and expanded pay or benefits are not unusual. The Pentagon often has difficulty convincing the budget office to include such upgrades in the administration's spending request. What is surprising is that the administration would oppose bipartisan proposals such as unlimited commissary shopping privileges for reservists and higher benefits for families of people who die on active duty. They are surprised budget officials would oppose making permanent the boosts in danger pay and family-separation allowance approved by Congress in the wartime supplemental appropriations bill, which Bush signed into law in April. If Congress does not act, those two payments will be cut back to their previous levels Oct. 1. Danger pay would drop from the current $225 a month to the old rate of $150. Family-separation allowance would drop from the current $250 a month to the old rate of $100. Aides acknowledge that the two special-pay increases were not factored into the Bush administration's 2004 defense budget because Congress boosted the rates long after that budget plan was submitted to Congress. But aides said they cannot believe the Bush administration wants the rates to decrease on Oct. 1, because the cut in pay would be significant for troops deployed in dangerous areas such as Iraq and Afghanistan.
[Source: RSO Fort Douglas UT msg dtd 8 JUN 03]

Internet Overseas Voting: Congress has mandated the Secure Electronic Registration and Voting Experiment (SERVE) project be conducted to gather data and make recommendations regarding the use of the Internet for registration and voting by Uniformed Services personnel and overseas citizens. The Federal Voting Assistance Program (FVAP) is conducting this experiment, to explore the use of technology to maximize access to the polls for our Uniformed Services personnel and overseas citizens. SERVE is an alternative to the by-mail process. The following States have expressed an interest in participating in this federal/state initiative: Arkansas, Florida, Hawaii, Minnesota, North Carolina, Ohio, Pennsylvania, South Carolina, Utah, and Washington. In the process of gathering data to report to Congress SERVE will enable thousands of absentee military personnel, their dependents, and overseas citizens, to register to vote, vote their ballots, and have them counted in their home jurisdictions from any computer with Internet access, anywhere in the world. FVAP is working closely with State and local election officials to build a secure system and ensure that the integrity of the electoral process is maintained. The SERVE system will be available on 1 JAN 2004,for Uniformed Services personnel and overseas citizens to submit voter registration applications and absentee ballot requests in the above participating states for the 2004 primaries in the as well as for the 2 November Presidential election.
    At the conclusion of SERVE, the Federal Voting Assistance Program will report to Congress on the reliability, affordability, and security of Internet registration and voting on a large scale. All eligible absentee Uniformed Services personnel, their dependents and overseas citizens from the participating states are encouraged to use SERVE to register and vote in 2004. A special website is being created. Meanwhile, check the FVAP website  http://www.fvap.gov/index.html  and the Voting Information News for further information.
[Source: Voting Information News June 2003]

AO Lawsuits Update 3: In 1984, U.S. District Court Judge Jack B. Weinstein of the Eastern District of New York approved a global class action settlement of all present and future Agent Orange victims' claims. The settlement provided nominal recoveries regardless of causation for all exposed veterans before the age of 60. But it cut off all compensation for class members after 1994. Stephenson, a Vietnam vet, contracted Agent-Orange-related illnesses in the late 1990s. Long after the Agent Orange settlement fund had run dry. He filed a lawsuit against the chemical manufacturers seeking recovery for his injuries, but Judge Weinstein ruled that he was bound by the 1984 settlement.
     In a unanimous decision, the Second Circuit reversed. The court held that the settlement's failure to provide any recovery for class members whose injuries occurred after 1994 revealed a fatal conflict between victims like Stephenson and the class representatives. In light of this conflict, the court concluded that Stephenson and victims like him had not received adequate representation in the class action and could not be bound by the settlement. Dow chemical appealed this decision to a higher court.
    In a landmark victory for Vietnam veterans' injured by exposure to Agent Orange, the U.S. Supreme Court affirmed 9 JUN 03 in favor of Stephenson. They concluded that the 1984 class action settlement of Vietnam veterans' claims against the manufacturers of the toxic defoliant Agent Orange does not bar a suit by veterans who would not obtain any relief under the settlement. Trial Lawyers for Public Justice [TLPJ ] had filed an amicus brief successfully urging the Supreme Court to affirm the decision of the U.S. Court of Appeals for the Second Circuit, which recognized the veterans' right to sue for their injuries. An equally divided Supreme Court affirmed the lower court's ruling in a per curiam opinion by a vote of 4-4. Justice John Paul Stevens recused himself from considering and deciding the case. The Supreme Court's Stephenson decision preserves an important victory in the fight against abusive class action settlements. Because of it manufacturers simply cannot use class actions to block 'future' personal injury victims from obtaining access to justice.
     The Supreme Court's opinion in Stephenson is the latest chapter in the saga of victims' attempts to obtain recovery for injuries associated with exposure to Agent Orange. [Source: http://www.tlpj.org/pressreleases/stephenson_dow_6-9-03.htm ]

CR Update 11: On 4 June 2003, the Senate completed action on the Concurrent Receipt [CR] amendment of Sen. Reid to their proposed version of the FY04 NDAA that it passed on 22 May. The Senate rules committee initially ruled the amendment as irrelevant to the NDAA legislation. In an unusual move, Senate leaders allowed the amendment to be offered Wednesday before a routine procedural voice vote on the bill. The adopted amendment would permit retired members of the Armed Forces who have a service-connected disability to receive both military pay by reason of their years of military service from DoD and disability compensation from the VA for their disability. The passage of the CR language in the Senate returns us to the situation when CR authorization legislation was receiving serious consideration for inclusion in the FY03 NDAA. In congressional proceedings the Senate provided for it and the House did not. The White House Office of Management and Budget (OMB) went on record that it would recommend to President Bush that he veto any bill containing CR language that was sent to him for signature into law. The logjam was broken when the White House agreed to a compromise that resulted in CRSC language that appears in the FY03 NDAA, PL 107-314.       At this point in time it is unknown if either the House or the White House will continue their opposition to CR. However, the House version of CR H.R. 303 is languishing in the separate committees to which it was referred -Armed Services and Veterans Affairs. Recently, two Discharge Petitions were introduced in an effort to force HR 303 out of the committees for floor action and vote. Since only 218 of the 304 cosponsors are needed for a successful Discharge Petition, a logical conclusion is that getting H.R. 303 to the floor would be no problem because well over the requited 218 have signed on as cosponsors of the bill. Signing the H.R. 303 Discharge Petitions would separate those members who sincerely support CR from those who cosponsored for political gain. Members of the House, whose term is two-years, are already positioning themselves for next year's General Election. Meantime, the one third of the Senate with expiring 6-year terms are also setting themselves up for 2004 General Election. Also, several serving Senators have announced themselves up as presidential candidates for 2004 or positioning themselves for 2008.
     Now that the Senate has again approved concurrent receipt/pay restoration legislation, Discharge Petitions are pending the House and the
resolution of the FY04 NDAA rests with a joint conference, we have reached the point in the process that the grassroots - the voters can win the
battle. This can occur only if they [i.e. veterans] make known their interest and position on this issue to the current members of the House of
Representatives and the White House. There is a long history of the military being used, praised and pushed to the far back burner when it comes
to the honoring promises, lawful and implied, for their service and sacrifice. The military community should take a similar action regarding
elected officials who don't follow through with their promises. [Source: NAUS Leg Up 6 JUN 03]

Tricare Custodial Care: There are two kinds of custodial (long-term) care. The type of care the patient receives distinguishes them.
     1. In one type of prolonged care the patient is sick or injured and receiving active medical care designed to make him/her well. Medicare and
Tricare will pay for that.
     2. In the other type, the patient needs protection and someone to help him./her with daily activities such as eating and dressing. The patient is
neither expected to die of the illness nor to "get well". Tricare and Medicare are not allowed by federal law to pay for that.
     An example of type 1 above would be a situation of a severely burned patient covered under Tricare for Life (TFL). Active medical care is directed toward making the patient well enough to leave the facility. Medicare and Tricare may cover the first 150 days of hospitalization. On the 151st day Medicare coverage will be exhausted and end. Tricare will then provide coverage of 75% and the patient will have to pay 25% until either the annual catastrophic cap is reached or the patient is cured.
     An example of type 2 above is a patient suffering from advanced Alzheimer’s disease where institutional care is required to provide a protected monitored environment where the patient receive assistance with daily living activities such as bathing, dressing, eating and maintaining personal hygiene. This is what people generally call "nursing-home care". Insurers will define it as "custodial care". A TFL beneficiary loses none of his Medicare or Tricare medical benefits by receiving custodial care. Just as for any other beneficiary Tricare will cover things related to a physical or mental illness. This includes medications, durable medical equipment, necessary doctor visits and even hospitalization in an acute-care hospital. A beneficiary receiving custodial care in a nursing home also has, as a covered service, one routine physician visit per month and up to one hour daily of skilled nursing care when medically necessary and ordered by a physician. Charges for room and board, general nursing and caretaker services and the like are not covered.
   Benefit determinations are made at the time Medicare and Tricare claims are processed. Each claim is evaluated on its own merits. It is not always possible to say in advance how much will be paid on a bill or whether the services even will be covered. The denial of a claim or a portion of a claim should be appealed in writing to the claims processing contractor. You cannot appeal non-coverage of custodial care but you can appeal a decision by a claims processor that the care is custodial and not active medical care. [Source: James Hamby article, Navy times 19 MAY 03]

CAG Suit [Day] Update 6: The Supreme Court on 2 JUN 03 dodged a case that sought billions of dollars for the free lifetime health care promised to some World War II and Korean War veterans. Young recruits were told the benefits would be covered if they stayed in the service 20 years. Veterans received free benefits until 1995, when the Pentagon ended coverage for veterans over 65 because they were eligible for Medicare. Many of them had to purchase supplemental policies to fully cover their medical expenses.
     The government's case was kept alive in the lower courts after the Bush administration asked that all eleven judges on a federal appeals court rehear arguments and reverse a previous older ruling by a three-judge panel that found the government illegally breached its promise of lifetime health care. Subsequently, a higher court of appeals by a vote of 9 to 4 ruled late last year that law did not back up promised benefits made by military recruiters. The Supreme Court refused to consider overturning that decision, which would have helped up to 1.5 million veterans, but could have cost the government as much as $15 billion. "It is not enough to hold parades or tie yellow ribbons,” the court was told by the Military Officers Association of America, one of the groups supporting veterans in the case. “We must honor their commitment and sacrifice by assuring that the government honors its commitments to them.”
     The litigation was initiated seven years ago when Air Force and Navy veteran William Schism and Army and Air Force veteran Robert Reinlie brought a Class Act Group [CAG] suit against the government to pay $10,000 in damages to each veteran affected. Schism died earlier this year. Their lawyer, George "Bud" Day of Fort Walton Beach, a retired Air Force colonel who was a prisoner of war in Vietnam with Sen. John McCain, R-Ariz., Fla., said the war in Iraq shows the importance of taking care of soldiers. "Kids are going for five days with no sleep, getting shot at, having to shoot at people. It gives people a realistic understanding of why you make those kinds of promises to make up for the low pay.”, said Day. In ruling against the veterans, the U.S. Court of Appeals for the Federal Circuit was sympathetic. The judges said that they can do no more than hope Congress will make good on the promises made in good faith to soldiers entering the service between 1941 and 1956. Congress agreed to provide health care for the older veterans beginning last year under the TFL program. However, to be eligible retirees are required to pay for Medicare Part B and not all medical care is covered by Medicare. The Supreme Court case involved reimbursement to veterans for their out-of-pocket expenses for private insurance coverage or supplements. The case is Schism v. United States, 02-1226. More detailed information and updates are available at the CAG website http://www.classact-lawsuit.com Anyone desiring to join the effort should contact: lawsuit@classact-lawsuit.com  
     Until the Court's decision, the honoring of the promise has been pursued as a two-track effort. Judicial by CAG & Colonel Day and legislation
by military fraternal organizations. Colonel Day said the CAG resources and his efforts would now be devoted to the legislative arena.
[Source: Various 6 JUN 03]

Medicad Funding Change Proposal: Debates are ongoing in congress on whether or not to provide additional funding to states to help pay for their cash-strapped Medicaid programs. To deal with the problem the Bush Administration would like to change the manner in which funds are provided to states for Medicaid to block grants. A report, prepared by the health care consumer organization Families USA, finds that the Bush
Administration's proposal would cause large funding cutbacks in Medicaid and the State Children's Health Insurance Program (SCHIP). Over the next decade the cutbacks would grow to

   * $8 billion, or 3 percent in 2004 Medicaid and SCHIP funding

   * $49 billion, or 10 percent funding reduction by 2009

   * $105 billion, or 16 percent by 2013

In total Medicaid and SCHIP funds would be cut by $492 billion under the Administration's proposal over the next 10 years slashing vice increasing the funds needed. Today, the federal government provides matching funds for every dollar a state spends on Medicaid. The federal government pays states between $1 and $3 for every $1 a state puts into Medicaid. Through this system, states are guaranteed a very favorable match in federal funds for every dollar committed to the program. Under the Bush plan, the federal government would establish a set amount that a state must spend on Medicaid in order to receive a cash allotment from the federal government. The amount states would have to spend in order to receive federal assistance would be considerably less than they are projected to spend under current law. Therefore, states would have no incentive to commit resources above the amount specified because no additional federal funds would be provided as a match. Applying this cutback to today's Medicaid program, the Families USA report illustrates how these cuts could affect seniors, children, and people with disabilities. If across-the-board reductions in program eligibility were put in effect today it would result in almost 7.5 million people losing health care coverage. Affected would be

   * Nearly 3.9 million children;

   * over 1.2 million people with disabilities;

   * almost 690,000 seniors; and

   * approximately 1.7 million other adults

The report-including state-by-state data concerning funding cutbacks and potential losses of health coverage for seniors, children, people with
disabilities, and others-is available on the Families USA Web site at http://www.familiesusa.org
[Source American Military Retirees Association msg 17 MAY 03]

Filipino Entitlement to VA Benefits: Filipino veterans who served with U.S. forces in the Regular Philippine Scouts before October 6, 1945 are entitled to all VA benefits under the same criteria as U.S. veterans. The entitlement of Commonwealth Army veterans and veterans of recognized guerrilla forces who live outside of the United States is limited but includes certain monetary benefits at half the statutory rate, and those who lawfully reside in the United States are entitled to full-rate disability compensation and burial benefits. Entitlement of the New Philippine Scouts is at the half rate no matter where they reside. Legislation passed in 2001 granted the full amount of disability compensation to Commonwealth Army veterans and USAFFE guerrillas who reside in the United States and are either U.S. citizens or aliens with permanent residence status. That legislation doubled disability compensation to 720 Filipino veterans in the U.S. Under current law, those veterans are also entitled to burial in a national cemetery, a burial flag, a grave marker or headstone and a burial allowance. Service-disabled veterans may also receive comprehensive health care in the United States. Their survivors are entitled to dependency and indemnity compensation at half the statutory rate. New Philippine Scouts are entitled to disability compensation at half rates and their survivors are paid dependency and indemnity compensation at half rates, no matter where they reside. New Scouts are also entitled to medical treatment for service-connected disabilities only, on a discretionary basis.
     VA offers comprehensive hospital and nursing home care and medical services in its U.S. facilities to veterans of the Commonwealth Army and the recognized guerrillas who are lawfully admitted U.S. residents and receive VA disability compensation. New Philippine Scouts may receive care only for service-connected conditions and within the limit of VA resources. In the Philippines, only the Old Scouts may receive comprehensive VA care, including care in the Manila VA outpatient clinic. VA makes inpatient care available at Philippine community hospitals under contract. The Republic of the Philippines also provides free hospital care to its war veterans. In December 1999, Congress enacted a law expanding income-based disability benefits from the Social Security Administration to Filipino veterans of World War II who live outside of the United States and served in the Philippine military forces while those forces were in the service of the United States. Previously, recipients of Supplemental Security Income were required to live in the United States; the law permitted them to return to the Philippines and continue to receive 75 percent of their SSI benefits.
     VA estimates that at the beginning of FY 2004 (Sept. 30, 2003), there will be approximately 29,350 Filipino veterans. As of April 2003,
approximately 3,800 Filipino veterans living outside the United States were receiving VA compensation as well as 5,000 surviving spouses and children of Filipino veterans outside the U.S. Another 900 Filipino veterans in the United States were receiving compensation, as were 398 surviving dependents. [Source VANEWS-L msg 14 May 2003]

Credit Report Accessibility: A message has been circulating on the Internet claiming that a new law will allow the four major credit bureaus in the U.S. to start releasing your credit info, mailing addresses, phone numbers etc., to anyone who requests it. However, you could "opt out" of this release of info by calling 1-888-567-8688 and follow the procedures provided. This is a "Urban Legend" and should be disregarded.
     The phone number listed (1-888-5OPTOUT) is indeed legitimate. It is a shared number set up with the cooperation of the Associated Credit Bureaus to establish a single point of contact for consumers to call to request that all four major U.S. credit bureaus (Equifax, Experian, Trans Union, and Novus/Innovis) remove their information from the marketing lists and pre-approved credit offer lists sold to third parties. It is not true that consumers must call this number before 1 July 2003 or any date, nor is it true that recent legislation allows credit bureaus to share private
information with "anyone who requests it." This misinformation has been circulating since 2001, and the same message keeps getting get dusted off and sent around every year with an updated deadline.
     Contrary to the text of the dire warning noted above, credit bureaus cannot sell your non-public personal information (e.g., Social Security
number, employment history, bank account information) to "anyone who requests it." Under the Fair Credit Reporting Act of 1997, businesses
seeking to obtain personal information from credit bureaus must have a "permissible purpose" in order to access credit reports. Permissible
purposes include checking the backgrounds of persons to determine their creditworthiness before selling or renting property to them, extending them loans or credit, or considering them for employment.
     Credit bureaus can, however, create lists containing the names, addresses, and phone numbers of consumers with good credit and sell them to
telemarketers and direct-mail marketers. Names, addresses, and phone numbers are not considered "non-public personal information" because they may be obtained from a variety of publicly-accessible sources, such as phone directories. Consumers may call the 1-888-5OPTOUT number to request that all four major credit bureaus not include their information on these marketing lists. There is no deadline for this process -- consumers may call the number at any time.
     What did change back in 2001 was that due to the implementation of the Gramm-Leach-Bliley Act (also known as the Financial Services Modernization Act) the banking, insurance, and securities industries were allowed to operate under the same corporate affiliation. This act set aside legislation passed during the Depression era, which had created legal barriers to prevent mergers between banks, insurance companies, brokerage firms, and other financial institutions. However, the possibility exists that the new financial conglomerates allowed under this legislation could pool their resources to compile huge databases of sensitive customer information and share them with third parties. To prevent this Congress added a provision to the act requiring that all financial service companies send privacy notices providing a "reasonable opportunity" for their customers to opt out of this information-sharing by 1 July 2001. These notices had to provide consumers with details about all the kinds of information the companies collected about them and how they used that information. The 1 July 2001 deadline applied only to the sending of notification to customers by financial institutions, and it had nothing to do with credit bureaus. Some key points of this "opt-out" process are

   * Unlike credit bureaus, financial institutions can share your private information with third parties by default. In order to stop this sharing, you must specifically invoke your "opt-out" privileges to request that they not do it.

   * Privacy notices had to be sent to customers by 1 July 2001, but there is no deadline by which customers must respond. Your right to "opt out" of the information-sharing process is ongoing and may be invoked at any time.

   * Most importantly, you must contact every financial institution with which you do business to completely "opt out" of the information-sharing process.

     The bottom line is that laws regarding the selling of personal information by financial institutions have become more stringent recently, not less. The changes may not have made the laws as stringent as we'd like them to be, but at least they're a step in the right direction, not the scare stories these messages make them out to be. [Source MRGRG msg. 30 MAY 03 & http://www.snopes.com/inboxer/pending/credit.htm ]

SSA Lost Or Stolen Check: If you do not receive your check after a reasonable waiting period, or if it is lost or stolen, contact the nearest SSA office if in the U.S. It can be located in the blue pages of the phone book under U.S. Government offices. It takes longer to deliver checks
outside the U.S. because of the longer distances and extra handling needed. Delivery time varies from country to country and your check may not arrive the same day each month. If residing outside the U.S. contact the U.S. Embassy or consulate of the country you reside in if they provide SSA services per http://www.ssa.gov/foreign or write directly to the Social Security Administration, P.O. Box 17769, Baltimore, Maryland 21235-7769. Your check will be replaced as soon as possible. However, it will take some time to replace a check while you are outside the country.

Blood Pressure Guidelines: The National Heart, Lung, and Blood Institute (NHLBI) has released new clinical practice guidelines for preventing,
detecting, and treating hypertension (high blood pressure). The guidelines feature modified blood pressure categories, including a new
"prehypertension" level that covers about 22% of American adults (about 45 million persons). High blood pressure is a major risk factor for heart disease; is the chief risk factor for stroke and heart failure; and can lead to kidney damage. It affects about 50 million Americans, one in four adults. Treatment aims for blood pressure to be less than 140 mm Hg systolic and less than 90 mm Hg diastolic for most people with hypertension (less than 130 systolic and less than 80 diastolic for those with diabetes and chronic kidney disease). Key aspects of the new guidelines include

   * In persons older than 50 years, systolic pressure above 140 mm Hg is a much more important cardiovascular risk factor than diastolic pressure.

   * The risk of cardiovascular disease, beginning at 115/75 mm Hg, doubles with each increment of 20/10 mm Hg;

   * Individuals who are normal at 55 years of age have a 90% lifetime risk for developing hypertension.

   * Individuals with a systolic pressure of 120 to 139 mm Hg or a diastolic pressure of 80 to 89 mm Hg should be considered prehypertensive and make health-promoting lifestyle modifications to prevent cardiovascular disease.

   * For most patients with uncomplicated hypertension, thiazide-type diuretics should be used, either alone or combined with drugs from other classes. Certain high-risk conditions are compelling indications for the initial use of other antihypertensive drug classes (angiotensin-converting enzyme inhibitors, angiotensin-receptor blockers, beta-blockers, calcium channel blockers).

   * Most patients with hypertension will require two or more antihypertensive medications to achieve goal blood pressure.

   * For blood pressure more than 20/10 mm Hg above goal pressure, consideration should be given to initiating therapy with two agents, one of
which usually should be a thiazide-type diuretic.

   * Optimal therapy requires a high degree of patient motivation.

The NHLBI Web site http://www.nhlbi.nih.gov/hbp/ has considerable information, including a free consumer booklet (Your Guide to Lowering Blood Pressure) and a PDF copy of the full report. [Source Consumer Health Digest #03-20, May 20, 2003]

MTF Treatment & OHI: Military treatment facilities (MTF) are encouraged to submit payment claims for treatment received at those facilities when Tricare beneficiaries have employer-provided or other health insurance (OHI), except for Tricare supplements. Formerly, this did not work well because MTFs used a consolidated "single rate" charge that included provider fees and laboratory, X-ray, pharmacy and other services. These ambiguous charges were not compatible with private-sector claims-processing systems, so most MTF claims weren't paid. Recently, the Defense Department adopted private-sector health-care provider billing procedures in response to congressional direction to develop reasonable charges and collect payments from other health-insurance providers.
     Tricare officials emphasize that authorized beneficiaries who have other health insurance will continue to receive available medical services
from MTFs at no charge. Claims and payment matters will be handled directly between the MTF and the insurance provider. While beneficiaries are not required to pay for MTF health care, they will get an information copy of the explanation of benefits [EOB] and the itemized claim sent to their OHI provider. Proceeds from insurance payments will go to the local MTF to be used to support medical services and other patient-related improvements. Currently, the military is charging only for outpatient care, but inpatient care probably will be added later this year. Beneficiaries with questions regarding an EOB and itemized bill received from an MTF should contact the local MTF billing office. General military medical billing information may be obtained by calling toll-free (866) 784-4826 or by sending an e-mail to: ubo@tma.osd.mil
[Source: Navy Times 2 JUN 03 Mike Lazorchak article retiredmilitary@atpco.com ]

Exchange Consolidation: The DoD announced 16 MAY 03 that Paul Wolfowitz, deputy secretary of defense, initiated a multi-year effort that may culminate in the consolidation of the three Armed Service Exchange Systems into a single defense organization. Principal Deputy Under Secretary of Defense for Personnel and Readiness Charles Abell will oversee this effort. After reviewing recommendations from numerous studies and considering the views of the military departments, Wolfowitz has charged Abell to determine the most efficient and cost effective way to organize and operate the exchanges as a single entity. These actions will be transparent to the individual soldier, sailor, airman, Marine, or military family member. The look and feel of each store will maintain the service culture to which they are accustomed. The business processes that operate the system will be more efficient and effective, yielding a benefit that is not only preserved but enhanced.
[Source: DoD News Release No. 334-03 dtd 16 MAY 03]

RAO Bulletin Web Site Change: To make it easier and more efficient we have shortened our website address from http://downloads.members.tripod.com/post_119_gulfport_ms/rao1.html  to http://post_119_gulfport_ms.tripod.com/rao1.html Accessing this site will provide an index of all Bulletin articles by title available for recall plus Bulletins sent in the last six months.

Commissary Agent Rule: Known as the agent privilege, it's for any authorized commissary shopper who needs assistance shopping or who cannot shop on his or her own behalf because of disability, illness or infirmity. That privilege also extends to grandparents, guardians or caregivers of children of service members who may not be available due to deployment or remote assignment. The installation commander who controls who enters the installation authorizes agent privilege. The agent does not have to be an authorized commissary shopper. The military member may request an agent pass for approval to allow an individual designated to shop for them because of disability, illness or infirmity or who is the primary caregiver for the children of deployed parents to enter the installation. Non-military primary caregivers should contact the identification card section on the installation to determine what legal documents, i.e., power of attorney, may also be needed to establish proof of caregiver status. At the same time, the individual can also ask what documents are required to enter the installation. Upon verification of caregiver status, the individual receives written authorization from the commander's representative designating him/her as an "agent". Usually, the letter is for a 12-month period, but it can be extended in cases of continued hardship. Children are allowed to enter the confines of any commissary as long as an adult accompanies them. The military does not require children less than 10 years old to have an identification card.
[Source: Air Force Retiree News 29 Apr 2003]

VA Erectile Dysfunction Rating: If you are suffering from service connected diabetes and cannot get an erection you can submit a claim for an erectile dysfunction rating. If approved it increase your current disability combined rating by 10 or 20%. Erectile dysfunction can also be a complication of depression, Post Traumatic Stress Disorder [PTSD], or physician prescribed treatment for other disabilities that includes medications that cause the dysfunction. [Source: Silver rose Newsletter MAR/APR 03]

POW Benefits: About 40 percent of the Americans held prisoner in the past five conflicts still are alive, according to the American Ex-Prisoner of War [AXPOW] Association's search of records. More than 140,000 Americans were captured and interned during World War I, World War II, the Korean War, the Vietnam War, the Persian Gulf War, and the Somalia and Kosovo conflicts. However, only about 35% of surviving POWs have contacted the Department of Veteran Affairs (DVA) to accept benefits for which they are eligible. These include benefits related to health maladies that are presumed related to severe conditions suffered in the hands of the enemy during internment. Any former POW or his representative desiring to obtain benefits should contact the DVA. If help in preparing the claim is needed a volunteer accredited national service officer of the AXPOW can assist at no charge in submitting a claim to the DVA. They can be contacted at axpow@flash.net or (817) 649-2979 or 3201 East Pioneer Parkway, #40, Arlington TX 76010. [Source: 26 NOV 02 Stars & Stripes article & March ARB RAO Newsletter Spring 03]

VA Home Loan Funding Fee: The VA home loan program is a veteran's benefit for which details can be found at website http://www.homeloans.va.gov/elig.htm To defray the cost of administering the VA home loan program, each veteran must pay a funding fee to VA at loan closing, unless the veteran is disabled. The limitations on borrower-paid fees and charges when making VA loans that must be strictly adhered to appear in VA Pamphlet 26-7. The pamphlet is available for viewing or downloading at http://www.homeloans.va.gov/handbook.htm Any veteran who is contemplating obtaining a VA home loan, either as a new purchase or to refinance an existing loan, is encouraged to review the handbook's Chapter 8: Borrower Fees and Charges and the VA Funding Fee. This chapter provides info on the fees and charges that the veteran-borrow is to pay and is not to pay. These include seller concessions; what happens to fees and charges if the loan never closes; the fees and charges that can be included in the loan amount; information about the VA funding fee, including tables for determining the fee; and refunding over payments to the veteran.
    If planning to make a new loan or refinance a loan and quoted a funding fee by the lender, ensure it does not exceed what you are entitled to. You are not required to pay the fee you paid on the initial loan unless it is equal to or less than the current Interest Rate Reduction Refinancing Loans (IRRRL) percentage, which is currently .50%. If in doubt, check with your VA Eligibility Center. The VA Eligibility Centers are in two locations.

   * The Los Angeles Eligibility Center serves veterans living in the following states: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wisconsin or Wyoming. Veterans in these states should send requests for determination of Eligibility (VA Form 26-1880, along with proof of military service) to: Los Angeles Eligibility Center, P.O. Box 240097, Los Angeles, CA 90024, Tel 1-888-487-1970, E-mail: vavbalan/lgyeli@vba.va.gov or Website: http://www.vahomes.org/la/home.htm

   * Winston-Salem Eligibility Center serves veterans living in the following states: Alabama, Connecticut, District of Columbia, Delaware, Florida, Georgia, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Vermont, Virginia or West Virginia. Veterans in these states should send request for determination of Eligibility (VA Form 26-1880, along with proof of military service) to: VA Loan Eligibility Center, PO Box 20729, Winston-Salem, NC 27120. For overnight delivery: VA Loan Eligibility Center, 251 N. Main St., Winston-Salem, NC 27155 Tel 1-888-244-6711, E-mail: NCELIGIB@vba.va.gov

   * If you are located outside the U.S., you may use either Eligibility Center.

[Source: NAUS Update 9 MAY 03]

TRDP Update 1: Under a new five-year dental contract between DoD and the Delta Dental Plan of California, dental benefits for uniformed services retirees and family members enrolled in the TRICARE Retiree Dental Program (TRDP) have been enhanced. Beginning May 1, 2003, the mandatory enrollment period is reduced from 24 to 12 months. The annual maximum benefit per enrollee and lifetime maximum benefit for orthodontic care was increased from $1000 to $1200. After the mandatory enrollment period ends, enrollees may continue their enrollment in the TRDP on a month-to-month basis. During the mandatory 12-month enrollment period, TRDP enrollees are covered for basic restorative services, periodontics, endodontics, oral surgery and dental emergencies. After 12 months of continuous enrollment, TRDP enrollees are covered for cast crowns, cast restorations, full and partial dentures and orthodontics for adults and children. Eligible enrollees include uniformed services retirees and their family members; Medal of Honor recipients and their family members; and survivors and family members of deceased retirees or active duty sponsors who served on active duty for more than 30 consecutive days.
     As an incentive, sponsors and family members who enroll within 120 days of the sponsor's retirement from active duty receive an extra benefit. They and their family members are covered by the enhanced dental services starting the day they enroll. Sponsors and family members who wait and enroll after the 120-day period are not eligible for the enhanced dental services until they complete the mandatory 12 months of continuous TRDP enrollment. The TRDP is a voluntary dental program with enrollee-paid premiums deducted automatically each month from the sponsor's retired military pay. If retired military pay is not available, sponsors and family members can arrange with Delta Dental to pay the monthly premiums either by mail or an electronic funds transfer.
     Under the TRDP, there is a $50 deductible per enrollee, with a $150 yearly deductible per family. Premiums vary depending on where enrollees live and the number of family members they choose to enroll. During the enrollment period May 1, 2003, to April 30, 2004, enrollees pay approximately $22 to $37 a month for single coverage, $42 to $71 for two or $71 to $120 for a family of three or more.
     Dental coverage is available throughout the United States, Canada, Puerto Rico, Guam, the U. S. Virgin Islands, America Samoa and the Commonwealth of the Northern Mariana Islands. Enrollees may seek dental care from any licensed dentist or specialist within the TRDP coverage area. To minimize out-of-pocket expenses, enrollees are encouraged to seek dental care from more than 67,000 participating dental providers. A directory of participating Delta Dental providers is available online at http://www.ddpdelta.org Retirees and family members may also request a provider directory by calling the Delta Dental Customer Service number at (888) 838-8737. Additional information on the TRDP is available on the TRICARE Web site at  http://www.tricare.osd.mil/dental  [SOURCE: TRICARE News Release No. 03-11]

Agent Orange Guam: Congressman Lane Evans of Illinois, the Ranking Democrat on the House Veterans Affairs Committee, has asked Secretary of Defense Donald Rumsfeld by letter for information by 13 June 2003 concerning the use and storage of Vietnam-era herbicides such as Agent Orange, Agent Blue, and Agent White. Veterans who report that these herbicides were used in Guam during the Vietnam era have contacted Evans regarding their presence at the Anderson Air Force Base at Yigo, Guam. Evans provided the Secretary with a report, which indicates that dioxin, has been found in soil at the Air Force Base. Evans also asked the Secretary for an assessment of the use, testing or storage of Agent Orange, Agent Blue, Agent Purple, Agent White or other herbicides which contain dioxin at locations in Cambodia, Laos, Thailand, Puerto Rico and various locations in the United States. U.S. locations include sites in Maryland, Florida, Texas, California, Georgia, Mississippi, Hawaii, Rhode Island, Pennsylvania, Arizona and Washington. However, the congressman noted that the amount of herbicides used in some of these locations may have been small amounts for short term testing and may present no danger to populations.
     Evans indicated in his letter that veterans who are claiming service-connection of disabilities that have been associated with herbicide exposure, have had serious difficulty in proving exposure. If the Department of Defense has evidence that herbicides were used in particular areas, during specific periods of time, that information should be made public so that affected veterans may receive appropriate assistance in establishing their claims. He complained that it is more than 30 years since many of the herbicides were used, yet veterans are still having claims denied. This is because the Department of Defense has not been forthcoming with information concerning the locations where veterans may have been exposed and it is well past the time for full and open disclosure.
     In addition, he requested an assessment of the use, testing or storage of Agent Orange, Agent Blue, Agent Purple, Agent White or other herbicides which contain dioxin, including the locations, amounts and relevant dates...at the following locations and any other location for which documentation exists:

* Aberdeen Proving Ground (Aberdeen, Maryland)
* Apalachicola National Forest (Sophoppy, Florida)
* Avon Air Force Base, Florida
* Beaumont, Texas
* Brawley, California
* Bushnell Army Air Field, Florida
* Camp Detrick, Maryland
* Dar and Prek Clong, Cambodia
* Eglin Air Force Base, Florida
* Fort Gordon, Georgia
* Fort Richie, Maryland
* Fredericton, New Brunswick, Canada
* Guanica, and Joyuda, Puerto Rico
* Gulfport, Mississippi
* Huntington County (State College, Pennsylvania)
* Jacksonville, Florida
* Kauai, Hawaii
* Kingston, Rhode Island
* Kompong Cham Province, Cambodia
* Laos
* Las Marias, Puerto Rico
* Las Mesas Cerros and La Jugua (Mayaguez, Puerto Rico)
* Loquillo, Puerto Rico
* Mauna Loa, Hilo, Hawaii
* Operation PACER HO (Disposal At Sea)
* Pinal Mountains (Globe, Arizona)
* Pranburi and other locations in Thailand
* Prosser, Washington
* Rio Grande, Puerto Rico
* Wayside and Wilcox, Mississippi

[Source: Congressman Evans News Release 9 May 03 - POC: Mary Ellen McCarthy Tel (202) 225-9756]

Filipino Veteran U.S. Origins: The origins of the Commonwealth Army of the Philippines are in the early 1900’s when the United States assumed formal sovereignty over the Philippines. At that time, the United States was preparing for the Philippines to become a sovereign nation. Public Law 73-127, enacted in 1934, reflects this. It required the Commonwealth Army to respond to the call of the President of the United States under certain conditions. In fact, President Franklin Roosevelt ordered the Commonwealth Army to service on July 26, 1941, and it served with the USAFFE command throughout World War II.
     Public Law 79-190, enacted in October 1945, authorized recruiting 50,000 "new" Philippine Scouts in anticipation of needing local occupational forces. President Truman acknowledged the contributions of the Philippine people who fought under the umbrella of the USAFFE command to defend the Philippine Islands against occupation by the Japanese. He called for a study to determine the level of benefits appropriate to conditions in the Philippines. The reduced rate of benefits to veterans living there was based on the different economic conditions in the Philippines and the United States.
     Current laws affecting these benefits date to congressional actions in 1946 that specified that the service of groups other than the Old Scouts would not be considered U.S. military service. Congress historically has resisted changing the formula under which responsibility for the welfare of these veterans is shared between the United States and the Philippines. In 1948, Congress passed a law that authorized VA to build and equip the hospital now called Veterans Memorial Medical Center (VMMC), in Manila, which was turned over to the Philippine government in 1955. The VA outpatient clinic was established three years later. The U.S. government also gave the Philippine government grants of at least $500,000 per year for more than 30 years, starting in the 1960's, to help the VMMC upgrade its equipment and physical plant. A VA contract with the VMMC was expanded by legislation in 1963 permitting the center to care for non-service-connected conditions of Filipino and U.S. veterans. But it was not until 1973 that legislation permitted VA itself to provide medical treatment of service-connected conditions (and non-service-connected illnesses in certain conditions) for Philippine Army and New Philippine Scout veterans. In fiscal years 2002 and 2003, VA furnished medical equipment to the VMMC worth a total of nearly $1 million. The half rates of compensation to most Filipino veterans living in the Philippines, now in federal law, were intended to reflect that the Philippines had a lower cost of living than the United States. Since World War II, however, many Filipino veterans and their dependents have immigrated to the United States. Filipino veterans service organizations continue to seek increased benefits for various groups. Some claim they served as guerrillas, but their service cannot be verified. VA has reviewed, and continues to review, legislative proposals that would expand benefits to Filipino veterans. [Source: VANEWS-L msg 14 May 2003]

VA Sexual Trauma Program: Veterans who suffered personal assault or sexual trauma while on active military duty, including service at one of the military academies, may be eligible to receive VA disability compensation, counseling and other benefits from the Department of Veterans Affairs (VA). Veterans who suffered personal assault, rape, domestic battering or stalking while on active duty may have lingering physical, emotional or psychological symptoms. VA has specially trained professionals to coordinate care and counseling for sexual trauma victims. These health care professionals are sensitive to the physical and psychological effects of sexual trauma or personal assault. Additional information regarding medical care and compensation for veterans is available at VA regional offices or medical centers. The telephone numbers can be found in local directories under the "U.S. Government" listing. In most areas, for information about disability compensation and VA pensions, callers can use the following toll-free number: 1-800-827-1000. For health care and copayment information, call 1-877-222-8387. Information is also available at http://www.va.gov  [VANES-L mug. 14 MAY 03]

FPO Mail Delivery Policy: Retirees and their dependents are allowed Military Post Office [FPO/APO] mail privileges overseas if authorized by the individual counties SOFA . When authorized the ultimate mission of the military postal service is to provide to eligible users a level of service equal to or greater than that provided by the USPS to the civilian population. However, there are restrictions on this use. Restrictions are necessary to meet local country's customs requirements, established DoD manning levels, and transportation availability/cost. Mail is restricted to no more than 16 ounces per item that must be first class in nature. Magazines, newspapers, and blank checks are also allowed as long as they do not exceed 16 ounces. Catalogs, books, over the counter medicines/vitamins, clothing, gifts, commercial audio/video tapes/CDs, and packages regardless of weight are not authorized. Certified and registered mail are authorized as long as it is first class letter material in nature. Items from AAFES and such will be returned to sender.
     Personnel are normally required to preregister for service to verify heir eligibility to use the service and be advised of the restrictions for their geographic area. A military ID card is necessary to do this. Mail addressed to authorized FPO users that does not comply with these regulations is returned to sender unless the return address is another RAO address, then it is sent to the USPS DEAD LETTER/PARCEL BRANCH. Items sent to yourself or another authorized user do not circumvent this policy. Continued abuse of established mail regulations can jeopardize the recipient's or group [i.e "R" box] mail privileges. [Source: FPO Post Office Manila 5 MAY 03]

VA Copay Refund: Veterans insured by the Hartford Life Insurance Company or the USAA Life Insurance Company may be eligible for a refund of their VA copayments. In a recent settlement with the Department of Veterans Affairs and a coalition of insurance industry groups, Hartford and USAA paid VA approximately $11.1 million. The settlement involves payments for care provided by VA to insured veterans with Medicare or Tricare supplemental coverage from Jan. 1, 1995 through Dec. 31, 2001. The settlement clarifies the claims reimbursement process. It not only resolves the litigation but also reimburses those veterans whose copayments to VA should have been covered by their insurance. Veterans insured by Hartford or USAA who paid VA copayments for VA medical care they received from Jan. 1, 1995 through Dec. 31, 2001 may ask VA for a refund of their copayments on a first-come, first-served basis. All requests for refunds must be postmarked by April 1, 2004. VA will notify by mail those veterans who may be eligible for refunds according to records on file. Other veterans who believe they may be eligible for a refund may obtain a claims application form by calling 1-866-258-2772 between 8 a.m. and 8 p.m., EST, M-F. They also may download the application from the VA website at http://www.va.gov/hottopic [Source: VA News Release 25 APR 03]

Medicare Rehabilitation Therapy Caps: Barring quick action to change the law in the next two months, Medicare is making plans to institute an annual cap of $1,500 on outpatient services for occupational therapy and speech and physical therapy on June 30. For TFL beneficiaries, this means that after the cap is met, TRICARE will become first payer, leaving patients with a 20 or 25 percent cost share until the $3,000 TRICARE annual out-of-pocket catastrophic cap is met. It is estimated that 13 percent of all Medicare beneficiaries will be impacted. H.R. 1125 (Rep. English, R-PA) and S. 569 (Sen. Ensign, R-NV) have been introduced in Congress to stop the implementation of these caps, which were originally put in law in 1997. The effective date has been delayed several times but will go into effect unless the new legislation is approved.
[Source: MOAA's Leg Up for May 2, 2003]

CRSC Update 3: At an informal meeting of various veterans' service organization representatives and DoD officials this week procedures governing the new special compensation for certain military retirees with combat, operational or training-related disabilities were discussed. CRSC, pro-announced as “kursek” is on track for the 1 June implementation date. DoD hopes to be able to release the new rules sometime after mid-May. A clarifying point was made regarding Purple Heart recipients. The example involved a retiree who received a Purple Heart for an injury for which VA awarded a 20% disability rating and the retiree incurred a subsequent combat related disability that was also VA rated at 20%. Under these circumstances, the retiree’s CRSC monthly payment would be the amount of the 20% VA disability rating only, which for 2003 is $201. DOD’s logic for this is that the combined disability rating total of 36% rounded off to 40% is less than 60%, which is the qualifying percentage requirement when no Purple Heart was awarded. However, if subsequent increases in disability are granted that are specifically derived from a Purple Heart related injury, the CRSC will be adjusted accordingly. Although the draft procedures were not released to the participants, the below outline of the process emerged during the informal talks. Officials stressed that this is preliminary, unofficial information only, and that procedures/forms have not been officially approved:

   * Application instructions should be released in the next few weeks.

   * Instructions will be available via the Web and retiree newsletters. Once approved, applicants will be able to fill out and print an electronic application on the web at https://www.dmdc.osd.mil/crsc for mailing to the retiree's parent service for consideration by its review board. The website is currently under construction and will be operation no later than 31 May 2003. There are no provisions for electronic filing.

   * Each Military Department will establish review boards to award or deny the special compensation for retirees with at least 20 years' active federal service who have VA-rated disabilities that are associated with a Purple Heart (10% or higher) or that are related to combat or military operations (60% or higher). Appeals of adverse decisions may be made to the Office of the Secretary of Defense (OSD).

   * Applicants can speed consideration by attaching readable copies of any available supporting documents to the application. Originals and/or certified true copies are not required nor desired.

   * The Pentagon is asking potential applicants NOT to request supporting documents from the National Personnel Records Center [NPRC] or the Dept. of Veterans Affairs. DoD has made separate arrangements with these agencies to obtain needed documentation on an expedited basis (as quickly as one week, in some cases). Retirees can help speed decisions by attaching copies of documents they already have in their possession, but individual requests for records (which normally take months) will only add to the record centers' workload and delay the process.

   * Regardless of when claims are submitted, approved applicants will receive compensation retroactive to June 1, 2003 provided the qualifying disability was rated by the VA on or before that date.

   * CRSC payments will not be taxable and will not be subject to divisions enforced by the Uniformed Services Former Spouse Protection Act.n VA disability rating codes will be used in the evaluation process, and VA's presumptive combat-related/service-connection rules (such as for Agent Orange exposure in Vietnam, battle-related post-traumatic stress syndrome, etc.) are expected to apply.

[Source: MOAA's Leg Up & NAUS Update 2 May 03]

Tricare Payment Computation: Individuals are eligible for Tricare if they are registered in the Defense Enrollment Eligibility Reporting System (DEERS). The DEERS record will indicate the dates of eligibility. All uniformed services sponsors (active duty or retired) should ensure that their family status (marriage, divorce, new child, etc.) and residential address are current in DEERS. DEERS enrollment is completed at Uniformed Services Personnel Offices, not Tricare Service Centers. For more information, visit:
http://www.tricare.osd.mil/factsheets/index.cfm?fx=showfs&file_name=eligibility%2Ehtm
     If you have a civilian health plan, often referred to as other health insurance [OHI], it is “primary”. That means it pays before Tricare Standard (i.e. old CHAMPUS) pays. Tricare Supplement Plans are not considered OHI. If you visit a provider who participates in Tricare Standard, the Tricare claims processor will pay the lesser of the amount of the provider’s billed charges or those charges minus any OHI payment amounts. Tricare will pay the same amount it would have paid, even if you did not have other health insurance. For example: The participating doctor bills you $100, which is the same as the Tricare Standard allowable charge for the care. Your other health insurance pays $80, leaving a balance of $20 unpaid. Since you are a military retiree, the Tricare Standard share of the Doctor’s bill would be normally be $75 if you did not have other OHI. However, since you do have OHI, Tricare Standard will pay whichever amounts less ($75 or $20). In this example, TRICARE Standard pays the $20 that your other health insurance did not cover.
     If you go to a non-participating provider the Tricare claims processor will pay the lesser of the amount, which is up to 15 percent more than the Tricare Standard allowable charge, minus the amount OHI paid. A provider is non-participating if he does not accept the Tricare Standard allowable charge as the full fee for the care provided and subsequently charges more for your medical care. For example: Although the allowable charge for the care is $100, the non-participating doctor bills you $150. Your OHI pays $125 of that amount, leaving a balance of $25 unpaid. The Tricare Standard share of the doctor’s bill would be $75 (that is, 75 percent of the $100 allowable charge) if you did not have OHI. However, since you do have OHI, and it paid $125, Tricare Standard will pay nothing. The beneficiary is responsible for any unpaid amounts the provider has not been paid for Tricare-covered services, but only up to the legal limit of 15 percent above the program’s maximum allowable charges. For more information, view “How Does Tricare Standard (CHAMPUS) Pay When You Also Have Other Health Insurance” at: http://www.tricare.osd.mil/newsreleases/newsreleases961.html [Source: MOAA's Benefits Information Update for April 2003]

Hepatitis C Drug Breakthrough: According to University of Texas Southwestern Medical Center scientists, new drugs to fight hepatitis C reduce the virus to nearly undetectable levels in a matter of days. Clinical trials are currently under way to examine the effects of these new drugs on patients with the virus. Tests carried out in the United States suggest they will have a dramatic impact on the health of people with hepatitis C. They belong to a class of drugs called protease inhibitors, which have been used to treat patients with HIV. The drugs work by blocking a part of the virus called the protease enzyme. With the protease enzyme blocked, hepatitis C makes copies of the virus that are defective and cannot infect new cells. Since hepatitis C blocks the immune system the result is to enable the body to fight back using its own natural defenses. Virus levels are reduced within days.
     The findings will offer hope to thousands of people with hepatitis C around the world. At present, 85% of those who are infected with hepatitis C develop chronic infections that are not responsive to drugs. Around 70% of these go on to develop liver cancer and nearly 3% of those with long-term infections die of related illnesses. There is currently no cure for hepatitis C although a number of companies are working on potential vaccines. The virus is found in the blood and can be passed on by intravenous drug users who share needles, from contaminated blood products, and by sexual contact. The study is published on the website Science Express. [Source: Colonel Dan Veteran Issues msg. 18 APR 03]

VA Combat Vet Health Care: Effective immediately, the Department of Veterans Affairs (VA) has implemented policies and procedures for providing free health care services and nursing home care to combat veterans for a period of 2 years beginning on the date of separation from active military service.
     This benefit covers all illnesses and injuries except those clearly unrelated to military service; for example, a common cold, injuries from accidents that occurred after discharge, and disorders that existed before joining the military. Care may not be provided for any disability found to have resulted from a cause other than the military service in combat operations. Combat veterans seeking treatment for health conditions claimed to be related to combat operations are evaluated clinically by means of a physical examination and appropriate diagnostic studies. In making this determination, the physician must consider that the following types of conditions are not ordinarily considered to be due to occupational or military service:

     (1) Congenital or developmental conditions, for example, scoliosis,

     (2) Conditions which are known to have existed before military service, and

     (3) Conditions which have a specific and well-established cause and that began after military combat service.

     Coverage extends for a two-year period following separation from active military service. Dental services are not included.

     Veterans are eligible if they served on active duty in a theater of combat operations during a period of war after the Gulf War or in combat against a hostile force during a period of “hostilities” after November 11, 1998 and have been discharged under other than dishonorable conditions. “Hostilities” is defined as conflict in which Armed Forces members are subjected to the danger comparable to that faced in a period of war. National Guard and Reserve members are also eligible for VA health care if they were ordered to active duty by a federal declaration, served the full period for which they were called or ordered to active duty, and have separated from active military service under other than dishonorable conditions. Active duty, National Guard and Reserve members who were activated to a combat mission and then separated from active duty receive a DD Form 214, which should show an award of the Armed Forces Expeditionary Medal. Individuals seeking services under this authority should bring their DD Form 214 when reporting to a VA health care facility.
     Unlike other veterans who do not have VA-adjudicated service-connected conditions, veterans who qualify under this special eligibility authority are not subject to VA means testing or copayment requirements. There is no burden placed on these veterans to prove that their health problems are related to their military service or prove that they have low income to qualify for cost-free VA health care. The co-payment status will depend on whether the veteran’s illness or injury is found to be service-connected or whether the veteran is otherwise qualified for VA health care. Each veteran will be enrolled for VA health care in the appropriate priority group. Some veterans - those in the lowest priority group - whose income is above the means test threshold must agree to make required co-payments. If the veteran does not agree to make co-payments, the veteran will be ineligible for VA care. Additional information is available at the nearest VA medical facility. The telephone number can be found in the local telephone directory under the “U.S. Government” listings. Veterans can also call (800) 827-1000 or (877) 222-8387.
[Source: Veterans Health Administration Washington, DC 20420 IB 10-162 December 2002]

Purple Heart Postage Stamp: The U.S. Postal Service is set to issue a stamp honoring the nation's oldest military decoration - the Purple Heart. The formal first day of issue ceremony will be held at Mount Vernon, George Washington's home in Virginia. Washington ordered the creation of the Purple Heart citation in 1782, during the Revolutionary War. Originally a "badge of distinction for meritorious action," today, the Purple Heart is awarded to members of the U.S. military who have been wounded or killed in action. The $0.37 stamp features a photograph of a Purple Heart awarded to Mr. James Loftus Fowler, a Marine lieutenant colonel, following action in Vietnam. The new stamp will be available at post offices nationwide beginning May 30th. For more information go to: http://www.usps.com Enter under Search - Purple Heart Stamp - for the latest news and issue date.   [Source: VFW Washington Weekly, May 2, 2003]

ACMSS [Forgotten Widows]: To date, more than 900 individuals have applied to the Air Force for the Annuity for Certain Military Surviving Spouses (ACMSS) with more than 600 of them being approved. The Army has approved over 900 applicants. Approved applicants receive a monthly annuity of $188.36. Since there is a six-year statute of limitations on payments, the 1 DEC 2003 date becomes most significant since it’s the six year anniversary of the program’s effective date. Currently, if approved, an annuity will be paid retroactive to December 1997 for active duty spouses and as late as October 1999 for some Reserve spouses. There is no statute on applications, meaning that while no one will be barred from applying in the future, they will be barred from receiving more than six years worth of retroactive payments. Currently, widows who receive an annuity retroactive to Dec. 1, 1997 are receiving in excess of $11,000 plus the $188.36 monthly pension. Eligibility criteria remain the same. For spouses of active duty retirees, the member must have retired before Sept. 21, 1972, and died prior to March 21, 1974. For spouses of Reserve retirees - member must have retired; been entitled to pay except for not attaining age 60; and died prior to Oct. 1, 1978. In addition, applicants must not have remarried or be receiving any other military survivor annuity. The burden of proof of eligibility through documentation rests with the applicant. If you believe you, or someone you know, is eligible, contact the Retiree Services Branch of the service concerned for further information and to obtain a DD Fm 2769 application. To reach the Air Force Personnel Center call (800) 531-7502.
[Source: AF Retiree News 10 APR 03]

AFRC Update: Three Armed Forces Recreation Center hotels in Germany - two at Lake Chiemsee and one in Garmisch - will close a year earlier than planned. The remaining AFRC-Europe facilities in Garmisch will stay open while the new 330-room hotel on Sheridan Kaserne is under construction. This facility is proceeding on schedule to open in October 2004, when the Army originally planned to end all operations in Chiemsee and the hotel operations in Garmisch. The Von Steuben Hotel in Garmisch will close on April 15. The Chiemsee Lake and Park Hotels will remain open through Labor Day and close permanently 2 SEP 03. This will allow for a full summer of Lake Chiemsee operations, which will be heavily promoted for those who look forward to one last chance to enjoy the lakeside resort, officials said. The closures will reduce the number of available AFRC-Europe guest rooms from 343 to 119. If additional rooms are needed during peak seasons in Garmisch , guests will be referred to commercial hotels at rates comparable to those of the AFRC hotel. In Garmisch, the Patton Hotel, the Alpenblick Golf Course, the outdoor recreation equipment checkout center, tours, and the campground will remain in operation. The Armed Forces Recreation Centers are open to all Department of Defense ID-card holders, active duty, reserve component, retirees and their families. [Source NAUS Update 11 APR 03]

Merchant Marine Veteran Benefits: Merchant Marine seamen who served in WWII may qualify for veteran benefits. On November 11, 1998 the President signed HR4110 which extended the qualifying dates of service in the U.S. Merchant Marine, U.S. Army Transport Service, & Navy Transport Service to the period from August 15, 1945 through December 31, 1946. Besides recognition, the mariner is entitled to a grave stone, flag for a coffin, burial in a National Cemetery, VA home loan, service connected disability compensation, VA pension, and certain survivor benefits. When applying for medical care, applicants must present their DD-214 discharge certificate from the Defense Department to the VA medical facility. VA regional offices can assist in obtaining a certificate. A copy of a letter from the VA to Congresswoman Degette acknowledging availability of benefits can be downloaded at http://www.usmm.org/vabenefit.gif for presentation to your local VARO if needed. Application for records of medals and decorations earned can be requested from Patricia Thomas, Medals and Decorations, U.S. Maritime Administration, Room 7302, Department of Transportation, Washington, DC 20590. Written request identifying the mariner and your relationship to the award recipient is required. [Source: Federal Benefits for Veterans and Dependents Handbook 2001 & http://www.usmm.org ]

SS Tax Free Earnings 2003: If you work while getting Social Security survivors or retirement benefits and haven't yet reached your full retirement age, you can earn up to $11,520 in 2003 and keep all of your Social Security benefits. The amount was $11,280 last year. If you make more than $11,520, $1 will be taken out of your Social Security benefits for every $2 you earn over the limit. If you reach full retirement age during 2003 (that's 65 and 2 months for people born in 1938), $1 will be taken for every $3 you earn above $30,720 until your birthday month. After you reach your full retirement age, you can keep getting your full benefit no matter how much you earn. To learn more about working and collecting Social Security benefits check out http://www.socialsecurity.gov/retire2/whileworking.htm To find out your full retirement age refer to http://www.socialsecurity.gov/retirechartred.htm [Source: Social Security eNews April 2003]

Arthritis & Exercise: Exercise is encouraged for people with arthritis. Studies show exercise helps preserve joint mobility and function. Inactive lifestyles and low fitness levels are two traits characterizing by many arthritis sufferers. Unfortunately, for someone suffering from an arthritic condition, prolonged inactivity can accelerate the symptoms traditionally associated with the disease. Symptoms include increased muscle atrophy, decreased flexibility, degeneration of joint cartilage and a greater risk of bone fractures due to the loss of bone mass. Exercise reduces joint pain and stiffness and increases flexibility, muscle strength, cardiac fitness and endurance. Exercise can also lead to a better psychological outlook. Faithful exercisers suffer from less stress, anxiety and depression. They sleep better and have an improved sense of self-esteem. Physical therapists can recommend exercises that are particularly helpful for people suffering from arthritic conditions. A therapist can design a home-exercise program and teach sufferers about pain-relief methods, proper body mechanics, joint protection and conserving energy. The program normally consist of:

   * Range-of-motion exercises to help maintain normal joint movement and relieve stiffness. This helps maintain or increase flexibility.

   * Strengthening exercises (weight training) to help keep or increase muscle strength. Strong muscles help support and protect joints affected by arthritis.

   * Aerobic or endurance exercises like bicycle riding to improve cardiovascular fitness, help control weight and improve overall function. Weight control can be important to people who have arthritis because extra weight puts extra pressure on many joints.

     Some studies show aerobic exercise can reduce inflammation in some joints. Before starting any exercise program, it is important for people to discuss their options with a doctor or other appropriate health care provider.
[Courtesy of Air Education and Training Command News Service and the TRICARE Website]

Chinese War Memorial Medal: American military personnel who served in the China Theater are eligible for a Chinese War Memorial medal. Information about this medal is available at: http://foxfall.com/fm-14af.htm. Eligibles include those who served at least 30 days between December 8, 1941 and September 3, 1945 in Mainland China, Burma, Vietnam, Thailand, Formosa (Taiwan), the waters of the Yellow Sea, East and South China Seas. Also included are those who participated in the Philippine Defense, and the liberation and occupation of Okinawa. Formerly medals could be obtained at no cost by sending a letter and a copy of your DD-214, CSC, or other proof of service to Director, Major General of Services Coordination Division of Taipei Economic & Cultural Representative Office, 4201 Wisconsin Ave., Washington, D.C. 20016. Unfortunately, they have now exhausted their supply and they have no plans to produce any more. The Medal can be purchased from dealers. Example: Medals of America - $24.95 for medal and ribbon http://www.usmedals.com/service.php3?serviceReq=Army&type=foreign&start=1 (scroll down, includes a picture). [Source: NY State Div. of Veterans' Affairs msg. 21 APR 03]

Pet Collar Use on Humans: The Defense Department is again advising service members that humans should not wear flea and tick collars. Furthermore, officials at the Armed Forces Pest Management Board say that good-intentioned citizens and family members should not include the collars in care packages to troops. The AFPMB states that flea and tick collars are not approved for humans and in fact are quite detrimental to the skin. Our skin is different from that of dogs, and the pesticides tend to burn our skin. There is also potential to absorb pesticides (from the collars) into the skin. [Source: Armed forces News 25 APR 2003]

Tricare Standard Survey Results: Veterans organizations and military retiree groups are telling Congress that Tricare’s fee-for-service plan, Tricare Standard, is a sick stepchild of Tricare. Problems brought before the House Armed Services total force subcommittee include communication weaknesses, insufficient reimbursement rates and bureaucratic roadblocks. Meanwhile 44 percent of respondents to an online survey conducted by the Military Officers Association of America [MOAA] said they were unable to find a primary care provider and 51 percent could not find a specialist that would take Tricare Standard patients. Improvements suggested: (1) increase payments to providers; (2) require contractors to assist users in finding providers; (3) maintain a current list of providers who accept Tricare Standard; and (4) educate providers about Tricare Standard. [Source: Armed Forces News April 25, 2003]

HIPAA Privacy Standards: DoD announced that all military medical facilities have implemented the privacy rule of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. With a directed start date of April 14, 2003, the new rule creates standard safeguards to protect the privacy and confidentiality of personal health care information. As required by the new rule, DoD has mailed approximately five million military health system (MHS) notices of privacy practices (NoPP). The notices have gone to every beneficiary enrolled in the Defense Enrollment Eligibility Reporting System (DEERS).
     If you do not receive a notice it is an indication that your are either no longer enrolled in DEERS or your mailing address needs to be updated. Retirees are enrolled for life but dependent’s enrollment expires every four years. Enrollment can be accomplished by renewing the military dependent ID card. To submit a change of address (COA), it can be done by:

1. Online web site at http://www.tricare.osd.mil/DEERSAddress
2. Email to “DEERS COA” addrinfo@osd.pentagon.mil
3. Mail to DEERS Support Office, Attn: COA, 400 Gigling Rd., Seaside, CA 93955-6671
4. Telephone to (800) 538-9552 between 06 -1530 (PST) M-F (excluding federal holidays)
5. FAX to 1-831-655-8317.
6. Automatically with the acquisition of a new ID card.

Your COA transmittal should include the following:

(1) Sponsor's name and Social Security Number;
(2) The address change you want to make (old and new address);
(3) Names of other family members affected by the address change;
(4) Effective date of the address information; and
(5) Telephone number and area code including country code if overseas. Other information, such as the address or address change for geographically separated family members will be processed if you provide it.

The new HIPAA privacy legislation requires that health information be disclosed only for treatment, payment, and some health care operations such as scheduling appointments and billing patients. Health information will not be shared with outside sources for marketing, research or any other purpose without the beneficiary’s written consent. Doctors and nurses need to be HIPAA compliant. Included are(but not limited to) Lab Assistants, Medical Assistants, Billing Clerks, and front desk personnel. Those failing to be compliant are subject to $100,000 fine and 10 years in jail per violation. Each MHS facility has an assigned, trained privacy officer available to respond to any questions or concerns that beneficiaries may have regarding the new privacy rules. The privacy officers also serve as patient advocates ensuring that personal health information maintained by the MHS facility remains protected yet accessible to beneficiaries and their providers. A copy of the MHS NoPP is available on the Tricare Web site for sponsors and family members to download; copies are also available for distribution at each DoD military treatment facility. Additional info on HIPAA, Tricare and the new privacy standards can be found on the Tricare Web site at http://www.tricare.osd.mil/hipaa
[Source: DoD News Release 15 APR 03]

VA CVE Update: The VA on 10 APR 03 announced a program for veterans who own small businesses to discuss business opportunities with General Dynamics Corporation. On April 23, General Dynamics locations throughout the nation will hold a Veterans Appreciation Day, making its buyers and program managers available to meet with veterans interested in doing business with the company. VA’s Center for Veterans Enterprise (CVE) was established by the Veterans Entrepreneurship and Small Business Development Act of 1999 to promote business ownership and expansion opportunities for veterans. The center provides training and educational programs, market research and assistance to veterans seeking access to prospective business partners. Veterans interested in participating in Veterans Appreciation Day must register in advance by visiting the CVE Web page at http://www.vetbiz.gov [Source: VA News 11 APR 03]

Troop Support Options: DoD officials ask citizens not to flood the military mail system with letters, cards, and gifts. Due to security concerns and transportation constraints, the Defense Department cannot accept items mailed to "Any Servicemember“. While legitimate mail from family members and loved ones is always encouraged, donor programs that collect and pass out Servicemembers names and addresses are discouraged. There are numerous other ways in which you can show your support for our troops. The following are methods and web sites for several organizations sponsoring programs for members of the Armed Forces overseas through which you can send messages or make donations of time or money. It would be inappropriate for DoD to endorse any specifically. Servicemembers do value and appreciate such expressions of support:

   * Donate a calling card to help keep service members in touch with their families at Operation Uplink at http://www.operationuplink.org

   * Send a greeting via email through http://anyservicemember.org/ or http://www.OperationDearAbby.net

   * Sign a virtual thank you card at the Defense America web site at http://www.defendamerica.mil/nmam.html  or        http://www.army.mil/operations/iraq/faq.html

   * Make a donation to one of the military relief societies:
       Army Emergency Relief at http://www.aerhq.org
       Navy/Marine Relief Society at http://www.nmcrs.org
       Air Force Aid Society at http://www.afas.org
       Coast Guard Mutual Assistance at http://www.cgmahq.org

   * Donate to "Operation USO Care Package" at http://www.usometrodc.org/care.html

   * Support the American Red Cross Armed Forces Emergency Services at http://www.redcross.org/services/afes

   * Volunteer at a VA Hospital http://www.va.gov/vetsday to honor veterans who bore the lamp of freedom in past conflicts.

   * Support families whose loved ones are being treated at military and VA hospitals through a donation to the Fisher House at        http://www.fisherhouse.org

   * U.S. troops deployed to the Persian Gulf region and other overseas locations can now receive personal messages from family members, friends, neighbors, colleagues and supporters via the pages of "Stars and Stripes" as well. "Messages of Support," a daily section that debuted March 17, gives family and friends of deployed service members a chance to pass their greetings, words of encouragement and announcements free of charge. "Messages of Support" can be e-mailed to "Stars and Stripes" 24 hours a day at messages@estripes.com are limited to 50 words or less and will be printed on a first-come, first-run basis. "Stars and Stripes" reserves the right to screen and edit all messages and to omit any determined inappropriate.

   * Reach out to military families in your community, especially those with a loved one deployed.
[Source: American Military Retirees Association msg. 23 MAR 03]

Guam Radiation & Contaminants: If you were stationed on, or visited Guam, you may want to read the "GUAM-BLUERIBBON REPORT". It covers the radiation and other contaminants (Agent Orange is one) effecting the Island's Water & Wastewater Systems and Shipyards. Ships were decontaminated after several atmospheric tests, etc.. The article consists of some 60 plus pages. It can be downloaded ( .pdf format) from http://www.naav.com  or  https://www.angelfire.com/tx/atomicveteran/ If you desire it be sent by email as an attachment send your request to rucon@juno.com along with your name, address (NO copy via regular mail), e-mail address and specify format desired ( .pdf or MS Word .doc).
[Source: e-Veterans News 28 Mar 2003]

Agent Orange Use Outside Of Vietnam: VA has received a listing from the Defense Department of locations outside of Viet Nam where Agent Orange was used or tested over a number of years. The information gives periods of time, locations and chemicals used. It does not contain units involved or individual identifying information. The listings are almost exclusively Army records although there are an extremely limited number of Navy and Air Force records. These listings relate only to chemical efficacy testing and/or operational testing. The records do not refer to the use of Agent Orange or other chemicals in routine base maintenance activities such as spraying along railroad tracks, weed control on rifle ranges, etc. Information on such use does not exist. VA will develop the listing for proof of exposure for claims for disabilities resulting from Agent Orange exposure outside of Viet Nam.
     VA does have significant information regarding Agent Orange use in Korea along the DMZ. DoD has confirmed that Agent Orange was used from April 1968 up through July 1969 along the DMZ. DoD defoliated the fields of fire between the front line defensive positions and the south barrier fence. The size of the treated area was a strip of lane 151 miles long and up to 350 yards wide from the fence to north of the civilian control line. There is no indication that herbicide was sprayed in the DMZ itself. Herbicides were applied through hand spraying and by hand distribution of pelletized herbicides. Although restrictions were put in place to limit potential for spray drift, run-off, and damage to food crops, records indicate that effects of spraying were sometimes observed as far as 200 meters down wind. Units in the area during the period of use of herbicide were as follows:

1. The four combat brigades of the 2nd Infantry Division. This includes the following units: a) 1-38 Infantry b) 2-38 Infantry c) 1-23 Infantry
d) 2-23 Infantry e) 3-23 Infantry f) 3-32 Infantry g) 109th Infantry h) 209th Infantry i) 1-72 Armor j) 2-72 Armor k) 4-7th Cavalry.

2. 3rd Brigade of the 7th. Infantry Division. This includes the following units: a) 1-17th Infantry b) 2-17th Infantry c) 1-73 Armor
d) 2-10th Cavalry.

3. Field Artillery, Signal and Engineer troops were supplied as support personnel as required. The estimated number of exposed personnel is 12,056.

     Unlike Viet Nam, exposure to Agent Orange is not presumed for veterans who served in Korea. Claims for compensation for disabilities resulting from Agent Orange exposure from veterans who served in Korea during this period will be developed for evidence of exposure. If the veteran was exposed the presumptive conditions found for Agent Orange exposure apply.
[Source: Col. Dan Veteran Issues 26 MAR 03 & http://www.vba.va.gov/ro/south/spete/news/notes/0304/2.htm]

Agent Orange Compensation [Non-Vietnam]: Until recently, the VA would grant compensation to veterans exposed to Agent Orange (AO) outside of Vietnam only if the claimant proved exposure to AO and provided a medical connection between the current disease and that exposure. VA is making an effort to equalize the treatment of all veterans exposed to AO. They recently announced that if exposure outside of Vietnam were proven, and the veteran had one of the ten diseases presumed by law to be related to exposure to AO, the medical connection would be presumed and the claim granted unless there were other disqualifying factors. This was noted in comments on the final rule adding diabetes to the list of “AO diseases” in 38 C.F.R. § 3.309(e), at 66 Federal Register, page 23, 166 (May 8, 2001). In addition, any veteran concerned about exposure to AO during use, manufacture, testing or transport outside of Vietnam, may be given an AO physical by the VA and added to the Agent Orange Registry (VHA Directive 2000-027).
     The only real issue is proving exposure. All persons who served in Vietnam are presumed to have been exposed. The VA is determining whether Department of Defense information is sufficient to add some non-Vietnam units to the presumptive exposure list, but none have been added as of June 2001. The following areas outside of Vietnam have been confirmed as places where AO was used:

1. The Korean demilitarized zone in 1968 and 1969 (extensive spraying).
2. Fort Drum, NY in 1959 (testing).

Other areas where veterans allege AO to have been sprayed include:
1. Guam from 1955 through 1960s (spraying).
2. Johnston Atoll (1972-1978) was used for unused AO storage.
3. Panama Canal Zone from 1960s to early 1970s (spraying).
4. Elgin AFB (Agents Orange and Blue) on Firing Range and Viet Cong Village
5. Wright-Patterson AFB (OH) and Kelly AFB (TX)

VA Handbook: The 2003 edition of “Federal Benefits for Veterans and Dependents” is now available on the VA web site at http://www.va.gov/pubaff/fedben/Fedben.pdf  This booklet lists the variety of federal benefits available to military veterans and their dependents. Topics covered include health care enrollment, VA claim filing, burial and survivor benefits, and workplace benefits. The booklet is being printed now and distribution will begin 4 APR 03.

Reserve Benefits Survey: A Defense Department survey of Reserve and Guard members has found that 30 percent of those mobilized had no change in income and 29 percent got raises. Since this leaves only 41 percent who suffered losses, DoD does not plan to support a mobilization income insurance program, according to Thomas F. Hall, assistant secretary of defense for reserve affairs. Furthermore, he suggested that the administration will not support efforts to lower the age that reserve retirees begin receiving retired pay from 60 to 55 because it would be too expensive. [Source: Armed Forces News March 28, 2003]

Internet Misinformation: If you are concerned about the large amount of rumors, falsehoods and other misinformation being spread on the Internet and want to learn more about how they are started and how to spot them to ensure you are not part of the problem in spreading rather than the solution to stop them from being spread further, check out the Truth or Fiction web site http://www.truthorfiction.com/about.htm Here internet users can quickly and easily get information about eRumors, warnings, offers, requests for help, myths, hoaxes, virus warnings, and humorous or inspirational stories that are circulated by email. The site is designed to be of value to the ordinary Internet user who wants to make sure that an email story contains information, not misinformation and it focuses on stories that are the most widely circulated on the Internet. Additional web sites that offer clarification on suspected misinformation are:

1. Urban Legends http://www.snopes.com
2. Scambusters [Internet Fraud] http://www.scambusters.org
3. Hoaxes: http://www.europe.f-secure.com/hoaxes/hoax_new.shtml

CRSC Update 2: The DoD and the VA will begin a test of the Pentagon's new Combat-Related Special Compensation [CRSC] rating process from April 10-15. The Veterans organizations will be excluded from this process on the legal advice of DoD counsel. The plan as it exists at the present time, is to have the individual services process the applications, and make the awards. The Bush administration stated at a special hearing on concurrent receipt held by the Senate Armed Services Personnel Subcommittee in late March that the program should be up and running by 1 June 03. They plan to have procedures ready and application forms mailed to all retirees by 1 May. The DoD website  http://www.defenselink.mil/  will provide information when and where eligible retirees may submit claims for compensation. Approved applicants will receive initial payments under the program 1 July retroactive to 1 June 03.
     CRCS pay will go to those who served 20 or more years' active service and have "combat related" disabilities. Qualifying disabilities are those for which they received the Purple Heart or those rated 60 percent or higher by VA and linked to combat, combat training, hazardous duty or exposure to "instrumentalities of war", which could include Agent Orange. CRSC is designed to replace any retired pay lost to the dollar-for-dollar offset required when retirees begin drawing VA disability compensation. Retirees who believe they are eligible will have to apply for CRSC. With about 100,000 expected to apply for this program, an estimated 35,000 are expected to quality. Payments will range from a few hundred dollars to more than $2000 a month. [Source USDR ME msg. 26 MAR 03, MOAA Leg Up 28 MAR 03 & Veteran Issues 29 MAR 03]

Blue Star Service Banner: The House unanimously passed a Resolution (H.Con.Res. 109) sponsored by Rep. John Shadegg (R-AZ) which encourages families with loved ones serving in the Armed Forces to display the Blue Star Banner, or if a loved one has made the ultimate sacrifice, the Gold Star. For those who may not be familiar with the Blue Star Service Banner it was designed and patented in 1917 by World War I Army Capt. Robert L. Queissner of the 5th Ohio Infantry who had two sons serving on the front line. It quickly became the unofficial symbol of a child in the service. On Sept. 24, 1917, an Ohio congressman read the following into the Congressional Record: "The mayor of Cleveland, the Chamber of Commerce and the governor of Ohio have adopted this service flag. The world should know of those who give so much for liberty. The dearest thing in all the world to a father and mother - their children." During World War II, the Department of War issued specifications on the manufacture of the flag as well as guidelines indicating when and by whom the Service flag could be flown or the Service Lapel button could be worn. DoD updated the guidelines on 1 DEC 67 with DoD Directive 1348.1, which implemented an Act of Congress authorizing a service flag and a service lapel button (U.S.C. 179-182). The Blue Star Service Banner typically displayed in windows is an 8.5 by 14-inch white field with a blue star(s) sewn onto a red banner. The size may vary but should be in proportion to the size of the U.S. Flag.
     Today Blue Star Service Banners are displayed by families who have a loved one serving in the armed forces including the National Guard and Reserves of all military departments. The banner displayed in the front window of a home shows a family’s pride in their loved one serving in the military, and reminds others that preserving America’s freedom demands much. The blue star represents one family member serving in the armed forces. A banner can have up to five stars, signifying that five members of that family are currently in military uniform on active duty. If the individual symbolized is killed or dies while serving the star representing that individual will have superimposed on it a gold star of smaller size so that the blue forms a border. On flags displaying multiple stars, including gold stars, when the flags are suspended as against a wall, the gold star(s) will be to the right of, or above the blue star(s) a place of honor nearest the staff.
     Blue Star Mothers and Gold Star Mothers organizations were established during World War I and remain active today. Blue Star Service Banners, while widely used across America during World Wars I and II, were not embraced during the Korean or Vietnam wars with nearly the same enthusiasm. The American Legion is rekindling the spirit of pride in our military men and women following the horrific terrorist attacks of September 11, 2001. The American Legion is providing banners to families in communities across the nation. Free color downloads are available at  http://www.legion.org  of the banners and static cling versions for home and automobile, as well as lapel pins, are available from the American Legion National Emblem Sales and can be ordered online or at (888) 453-4466. The American Legion also has a special Blue Star Banner Corporate Flag for government and corporate America to show their support for employees called to active duty in the war against terrorism. This is different from the 1926 War Mothers Flag hoisted every Veterans Day at 11 minutes after 11 o'clock and flies beneath the National Colors until sundown to commemorate the millions of Americans who died during World Wars I and II. For more information, contact The American Legion Public Relations Office at (317) 630-1253. Other veterans' organizations which have the banners available for downloading or have information about purchasing them or Blue Star Mothers at  http://www.bluestarmothers.org  the VFW at http://www.vfw.org  &  http://www.serviceflags.com
[ Source: NAUS Update 4 April 2003 &  http://www.legion.org/attack/docs/bluestar.htm ]

SBP Reform Update 1: House and Senate Budget Committees have rejected as too costly a major initiative in 2003 to improve the military Survivor Benefits Plan. Military retiree associations had sought to persuade these committees to set aside enough budget authority in 2004 budget resolutions to allow Congress to end a sharp drop in SBP annuities that occurs when survivors turn 62. Bills to implement the SBP fix -- H.R. 548 from Rep. Jeff Miller (R-Fla.) and S. 451 from Olympia Snowe (R- Maine) - are still in play but prospects for passage this year are now dim. The key to passing the proposal was to have budget committees earmark the necessary budget authority for the armed services committee to execute SBP reform. That didn't happen. On March 26, the Senate, like the House a week earlier, passed a budget blueprint with no mention of an SBP fix. Both chambers decided the cost, estimated by the Congressional Budget Office at $7.5 billion over 10 years, was too high.
     Under SBP, retirees buy annuity protection for their survivors by forfeiting a portion of their retired pay each month in the form of premiums. Upon a retiree's death, the widow receives 55% of covered retired pay. At age 62, however, payments drop. The size of the drop is variable if an SBP recipient signed up under an earlier plan. But the sharpest and most common drop is from 55 percent down to 35% of the covered amount. The Military Survivor Benefits Improvement Act of 2003, sponsored by Miller and Snowe, would have phased out the drop in benefits, which many retirees and survivors complain they knew nothing about when they elected SBP. Under the bill effective Oct. 1, 2004, the reduction at age 62 would have fallen 40% vice 35%. A year later it would be 45% and so on, until by October 2008, SBP for all would be 55% of covered retired pay. The dip at age 62 would have been gone. The bill also would have phased out the SBP supplemental annuity. Retirees buy such coverage now at a fairly high cost to avoid the step down at 62. Finally, the bill would have allowed a year-long open season to allow retirees who turned down coverage earlier, perhaps because of the step down in benefits, to enroll in the improved plan.
     Service associations argue that these improvements are overdue and justified by declines over the years in the government's SBP subsidy. When the program began more than 30 years ago, premiums were set so retirees paid 60 percent of the cost and the government 40 percent. Because retirees are living longer, SBP payouts have been lower than expected and premiums continue years longer than actuaries estimated. That government's subsidy of 40% a year is down to 17%. The shrunken-subsidy argument could still sway the House and Senate Armed Services Committees to act on the bills. What makes that unlikely is a requirement to stay under budget ceilings. The cost of improving SBP now would have to be paid for by offsets in spending elsewhere. The defense budget already is strapped by wars in Iraq and against worldwide terrorism.
[Source: Veteran Issues 29 MAR 03]

NACEC DoD Retraction: The Department of Defense this week retracted the warning it issued three weeks ago about the North American Center for Emergency Communication [NACEC] service. An FBI investigation also showed the website  http://www.nacec.org  used by the service was legitimate. DoD’s initial concern was that the site once required service personnel to give their social security numbers in order to email home. That raised a red flag and they put out a message warning someone could use those Social Security numbers to gather information for terrorists. The founder of the site immediately changed the system, removing the need to enter a Social Security number. Unfortunately, DOD never contacted him directly on the issue before releasing their message which destroyed the site's credibility.
     Ed Addy founded the non-government, non-profit public service organization NACEC service in 1990 during the Gulf War were it provided a channel of communication starting with Desert Shield and Storm. Initially it used radios and subsequently the Internet to help troops in overseas areas contact relatives at home who may not have email access. This service restarted January 28, 2003 and made possible high speed Flash mail service of 1,000 word letters to travel from U.S. Military Forces serving overseas back to family, loved ones and friends within the U.S. that did not have email capability. The organization’s volunteers printed out the messages sent via their site to families of servicemen and mailed them in the states saving weeks in communication time for families. No fee was charged for the service.
     Even though the DOD ACERT sent out a retraction about the validity and purpose of our organization, their first damning memo continues to circulate and was recently publish in Navy Times. As of March 19, 2003 - The Flash Mail service has been temporarily suspended and will not be restored until NACEC hears from enough members of the military and their families who feel they need and want to use the Flash Mail service to help keep their families communicating. NACEC can be reached at  nacec@nacec.org  or  eaddy@nacec.org
[Source: Veteran Issues 26 MAR & http://www.nacec.org ]

Airline Baggage Policy Change: Northwest Airlines, American Airlines, United Airlines and Delta Airlines have changed their checked baggage policy concerning weight limits and excess charges for luggage on domestic flights. Continental Airlines also has announced it will make similar changes on April 15. The carriers will still accept luggage up to 100 pounds per piece but will charge significant fees for luggage weighing in the upper limits. Most airlines allow two pieces of luggage, 50 pounds maximum each, to be checked free of charge. Bags exceeding 50 pounds but less than 70 pounds will be assessed an excess-baggage fee of around $25 per bag. Bags between 70 and 100 pounds will be charged about $80 per bag. Waivers are available to military members on official orders, including active duty, Guard, Reserve and Coast Guard. The waivers do not apply to family members or to Defense Department civilians. [Source: Armed Forces News 4 APR 03]

Social Security Fund Depletion Update: According to the Social Security Board of Trustees, the Social Security program is not sustainable over the long term. In 2018, tax revenues will fall below program costs. In 2042, the trust funds will be exhausted. Both of these dates are one year later than the estimates in last year's report. SSA actuaries estimate the trust funds would require $3.5 trillion, in today's dollars, earning interest at the present Treasury rates, to pay all scheduled benefits over the next 75 years. While the benefits of those close to retirement are secure there will be serious consequences for our children and grandchildren if corrective action is not taken by congress. To learn more about the 2003 Trustees Report, refer to  http://www.socialsecurity.gov/enews/enewspress031903.htm  [Source: Social Security eNews April 2003]

Military Mail Restrictions: With large numbers of servicemembers deployed overseas, family members, friends and other Americans who want to support the military are asking about military mail service. A previous Department of Defense (DoD) news release highlighted the cancellation of mail programs that allowed the general public to send mail addressed to "Any Service Member." While these programs were very popular with the public, security concerns and transportation constraints with military mail led to their cancellation. As an alternative, the DoD news release noted web sites that will post messages of encouragement and highlighted opportunities to support veterans and military families. Friends and families of military personnel should be aware of the current restrictions on military mail going to service members overseas. Specific restrictions for each overseas military zip code are based on many factors, including customs regulations for the country in which service members are based. For example, military personnel based in Saudi Arabia can neither send nor receive any obscene articles, religious materials contrary to the Islamic faith, nor items depicting nude or seminude persons. Germany restricts coffee and Qatar prohibits pork products, material used to make alcohol, and horror comics. U.S. Armed Forces must comply with all customs regulations for the particular country in which they are stationed. Current information on postal restrictions is available at local post offices, in the bi-weekly U.S. Postal Service Postal Bulletin, or on the USPS Website.
     Most APO/FPO zips are only five digits. Some recent APO/FPO zips have 4 digit add-ons. Using the correct zip code plus 4 digit add-on is crucial if a person has been assigned one. The zip code plus the correct 4 digit add-on (eg: 09900-5678) is as important as an individual's name because geographic locations are not included in the address line. Without the correct 4 digit add-on, delivery time to a service member may increase from several days to several weeks. To ensure that mail gets where it is intended to go the following three or four line address format is recommended:

(Rank optional) Name
(Optional line) Organization/Department/Division/Ship/Unit etc. to which assigned
PSC or CMR, if CMR a unit number usually follows
APO or FPO AE/AP/AA xxxxx-xxxx
NOTE: Overseas areas served by New York (AE) have a 09 prefix (09xxx); served by San Francisco (AP) have a 96 prefix (96xxx), and served by Miami (AA) have a 34 prefix (34xxx)

     U.S. domestic mail being sent back to the U.S. from service members stationed overseas must comply with U.S. customs regulations. It must also meet hazardous material safety regulations for mail to protect air carriers. Guns, ammunition, alcohol, common chemicals, and copyright protected items are only a few of the extensive list of items that are regulated by U.S. customs and the FAA. Failure to properly declare return shipments can result in air carrier's refusal to accept military mail, delays in mail transportation and/or confiscation of mail.
[Source: MILPER Message Number: 03-103 MPSA MAR 03 & ++]

Allied Veteran Medical Care: VA is authorized to provide medical care to certain veterans of nations allied or associated with the United States during WW-I and WW-II. Such treatment is available at any VA medical facility if authorized and reimbursed by the foreign government. VA is also authorized to provide hospitalization, outpatient and domiciliary care to former members of the armed services of Czechoslovakia or Poland who participated during WW-I or WW-II in armed conflict against an enemy of the United States, if they have been citizens of the United States for at least 10 years. [Source: Federal Benefits for Veterans and Dependents Handbook 2001]

GWOT Medals:  The President has authorized the Department of Defense to create two new military medals for service in the Global War on Terrorism. The GWOT Expeditionary Medal will recognize service members who participate in an expedition to combat terrorism on or after Sept. 11, 2001. This is currently limited to those who deploy as part of Operation Enduring Freedom. The GWOT Service Medal will recognize service in military operations to combat terrorism on or after Sept. 11, 2001. This is currently limited to Operation Noble Eagle and to members who provide support to Operation Enduring Freedom from outside the area of eligibility designated for the GWOT Expeditionary Medal. Members of the U.S. armed forces and Coast Guard will be eligible for the medals to include Reserve and National Guard activated to support approved operations. The awards do not take the place of the Armed Forces Expeditionary Medal, established Dec. 4, 1961, or the Armed Forces Service Medal, established Jan. 11, 1996. No one may be awarded more than one of the four medals for service in the same approved expedition or operation to combat terrorism. No one is entitled to more than one award of the Global War on Terrorism Expeditionary Medal or the Global War on Terrorism Service Medal. The medals may be awarded posthumously. DoD and military service officials, including the Coast Guard, are working on provisions to award the medals. Expected availability time is twelve months.
[Source: Armed Forces News 21 March 2003 and http://www.whitehouse.gov/news/releases/2003/03/20030312-6.html ]

Troop Support DoD Mail Policy:  To bolster force protection, the general public is urged not to send unsolicited mail, care packages or donations to service members forward deployed unless you are a family member, loved one or personal friend. On Oct. 30, 2002, the Department of Defense (DoD) suspended the “Operation Dear Abby” and “Any Servicemember” mail programs due to force protection concerns. Although these programs provide an excellent means of support to friends and loved ones stationed overseas, they also provide an avenue to introduce hazardous substances or materials into the mail system from unknown sources. Unsolicited mail, packages and donations from organizations and individuals also compete for limited airlift space used to transport supplies, war-fighting materiel and mail from family and loved ones.
[Source: DoD News Release No. 139-03 dtd 22 MAR 03]

VA Telemedicine: The term “telehealth” applies to technology used to provide clinical care, patient education, professional education and hospital administration when those providing services and those receiving them are separated by distance. “Telemedicine” generally refers to physicians providing services at a distance. VA considers telemedicine part of the wider spectrum of “telehealth” services given by many types of care givers. Telehealth helps VA meet the growing need to give care in non-institutional settings to elderly veterans who have chronic conditions and transportation problems getting to treatment. Telehealth technologies make it possible not only to move care to primary and ambulatory treatment sites but to extend it into the home, helping patients maintain independent lives and avoid unnecessary hospitalization and long-term care. Because telehealth moves information, rather than people, it can be more efficient and less expensive than traditional care and provide expert advice when a patient needs it.
    Telehealth electronic information and communications sometimes involve high-resolution images and sound through live video. An example of this is providing veterans in remote, rural areas prompt access to expert advice from a cardiologist. Sometimes it involves simply transmitting text records and digital images, as can happen in remotely assessing patients with diabetes for possible diabetes-related eye disease. It improves access to care and permits more frequent monitoring of patients and their health status. As a veteran ages, the need for services is frequently determined by expert advice on appropriate treatment of chronic conditions. Making this advice available in the home is convenient and can expedite or defer hospital admission. Telehealth makes it possible to exchange routine clinical data and visual assessments among medical facilities locally, regionally and nationally. There are parts of the country where distance and weather are a barrier to care. Telehealth brings care to the patient and avoids the cost and inconvenience of travel. Telepharmacy, a component of telehealth, makes medications authorized at hospitals rapidly available to veterans in VA community clinics. Telehealth permits a northern “snowbird” veteran receiving care at home through telehealth to continue a care regimen in Florida in the winter.
     Home telehealth technologies used in VA locations range from the most expensive - a telemonitor to examine a wound, for example - to the least costly - a telephone. In between are personal computers and videophones. Some patients receive a Polaroid camera, take photos of their wound and mail them to the hospital every week. Patients can use hand held messaging devices to report their vital signs and other medical information to hospital staff monitoring the reports daily. Staff sends patients reminders, tips and feedback on their progress. Many VA medical centers use an interactive voice-response system to take questions from patients and leave phone messages for them automatically about appointment scheduling and prescriptions. The system permits clinicians to pose questions to patients and have their responses recorded, becoming progress notes. Results of the calls are forwarded to a telemedicine computer so local clinicians can follow up.
     New initiatives in telehealth planned by the VA are: To distribute “tool kits” to its medical facilities for home telehealth and mental health to connect those who are considering introducing telehealth with a network of practitioners.

   * Establishment of two centers to give veteran patients nationwide access to advice from experts in the care of multiple sclerosis.

   * Working with experts in diabetes care to create a telehealth network to detect retinopathy, a disease of the retina of the eye prevalent in diabetic patients. Preventing diabetes-related blindness ranks as a major VA priority.

   * Working to give patients access to an electronic patient-held record. That achievement will be an important part of the partnership will help coordinate better access and the best possible care of veterans who increasingly accept telecommunications in their lives.
[Source: VA Fact Sheet on Telemedicine MAR 03]

Agent Orange Compensation Update: Three US Supreme Court justices suggested Dow Chemical Co.‘s and Monsanto Co.‘s 1984 settlement of claims that the defoliant Agent Orange caused cancer does not bar Vietnam War veterans who later developed the disease from suing. During the oral argument of the case Justices O'Connor, Ginsburg and Souter hammered the defense counsel who argued for Dow Chemical Company and Monsanto Company on the justice of a class action settlement that bars late blooming claims of veterans injured by exposure to Agent Orange. The high court’s ruling may determine whether individual lawsuits can be brought years after mass settlements in cases involving defective products or disease-causing chemicals.
     The Agent Orange settlement was intended to settle all claims for the 2.5 million veterans who served in Vietnam from 1961 to 1972. The trial judge who approved the settlement accepted the 1995 cutoff of direct payments because he stated that “as time passes it becomes less and less clear whether you could prove.” Agent Orange caused a particular illness. When the original lawsuits were filed in the late 1970’s, the manufacturers contended there was no proof the chemical caused health problems. They also argued they could not be sued because defense contractors cannot be held liable for harm inflicted by the military. But Dow, Monsanto, and other Agent Orange makers settled the claims to end the litigation. [Source: EANGUS Newsletter 3 MAR 03 & Boston Globe article by James Rowley 27 FEB 03]

Agent Orange Lawsuit [New]: The VVA Missouri State Council President is in the process of collecting names, addresses, phone numbers, e-mail addresses for an upcoming law suit related to Agent Orange against Monsanto Chemical Co. in Missouri. His message concerning the lawsuit identifies the lead attorney as Gerson Smoger. He is asking for widows or widowers with spouse's who have died due to Agent Orange or chemical contact to call or send their information to:

1. President, VVA Missouri State Council, Alan Gibson, 5599 Pinehurst Lane, Columbia MO 65202 Tel: (573) 474-2486 Fax: (573) 814-0348 Cell: 573-489-2486 E-mail: Vvamo1@aol.com or agibson@vva.org

2. Attorney Gerson Smoger in California Tel: (501) 531-4525 E-mail: GersonSmoger@compuserve.com or gerson@texasinjurylaw.com
[Source: NAUS Update for 21 March 2003]

Tricare Reserve Eligibility Policy Change:  Effective 10 MAR 2003, Guard and Reserve family members, if their sponsor is on active duty (federal) orders for more than 30 days, will be eligible to enroll in Tricare Prime and have the access standards and cost shares associated with the Prime benefit. Previously, sponsors had to be eligible in the Defense Enrollment activated for 179 days or more before family members were eligible to enroll in Tricare Prime. Guard and Reserve family members who reside with their sponsors in a Tricare Prime Remote location at the time of the sponsor’s activation can now enroll in the Tricare Prime Remote for Active Duty Family Members (TPRADFM) program. This program has no co-payments, deductibles or claim forms to file, and offers providers who meet rigorous standards for providing quality health care. For family members to be eligible to enroll in the TPRADFM program, sponsors and their family members must reside at a location that is at least 50 miles or more in distance, or approximately a one-hour drive from the nearest military treatment facility (MTF). Sponsors and family members also must be identified as eligible in DEERS. Guard and Reserve family members who choose not to enroll in either the Tricare Prime or TPRADFM program may still use the Tricare Standard and Extra benefits, with applicable cost shares and deductibles.
     Guard and Reserve sponsors need to verify that DEERS information for themselves and their family members is accurate and up-to-date. They are encouraged to contact DEERS at the Defense Manpower Data Center Support Office toll free at (800) 538-9552. Sponsors and family members may also update their addresses in DEERS on the Tricare Web site at http://www.tricare.osd.mil/DEERSAddress Future updates regarding benefits for members of the Guard and Reserve and their family members will be posted on the Tricare Web site at http://www.tricare.osd.mil/reserve [Source: DoD News Release 115-03 dtd 12 MAR 03]

Emergency Information Service:  The Emergency Email & Wireless Network is a national community service which offers Public Service from your local, regional and national government sources concerning Weather Information-Homeland Security-Local Emergency Management-Health Alert. After registering, you can receive emergency information via email, pager or cell phone. You can register to receive info at http://www.emergencyemail.org [Source: NAUS Update for 21 March 2003]

Military e-mail Service:  Air Force Crossroads, the Air Force’s official community Web site, offers a secure and reliable e-mail program through Global Internet Mail to help families keep in touch. Although there are other nonprofit and commercial e-mail and Internet services available, this GI Mail service is sponsored and maintained by the Air Force who is responsible for the operational capability and security of the service. Registration for GI Mail is free for those eligible through the Air Force Crossroads Web site at http://www.afcrossroads.com Users can log in to the Web-based system from any computer with Internet access. Eligible users include active duty, Reserve, National Guard, retired or civil service employees and their authorized family members. [Source: Armed Forces News March 14, 2003]

Tax Fairness Act Update:  The Armed Forces Tax Fairness Act of 2003 was to have been considered on the House floor on March 6, but special interest amendments adding hundreds of millions of dollars that were unrelated to military service were attached. Because this would have threatened the bill’s passage, it was pulled from the schedule. Congressional leaders brought it back to the House as H.R.1307 and it passed the House on a 422-0 vote. A similar bill is awaiting passage in the Senate. Under the bill, a home owner transferred by military orders or ordered into government quarters would have up to 15 years to meet the two-year residency requirement for a capital-gains tax exclusion on home-sale profits. The bill also will provide a tax deduction for Reservist and Guard expenses for overnight travel related to drills, and will raise the tax exemption for active-duty death gratuities from $3,000 to $6,000. For more information about HR 1307 or any other bill and its provisions go to http://thomas.loc.gov [Source VFW Washington Weekly, March 24, 2002]

DFAS Phone Calls: If you're calling somebody to ask questions, get a phone number or complain, the only thing more essential than having a pencil and paper is getting the name and phone number of the person you have reached. The DFAS customer service representatives always give their name when answering the phone, but chances are this comes before you really start listening so don't ever be too embarrassed to ask for the name again. That way, you'll be able to ask for the same person should you need to call back or, if you don't get satisfactory results the first time around, you'll will be prepared to report that if necessary. With the number of people working for DFAS, it's impossible to track down who responded to your call without a name and if what was said was accurate or not. Regardless of how upset you may be in regards to your situation bear in mind the person you are talking to is most likely not responsible for it but is there to help you. Telephone courtesy and patience is always most effective when dealing with any agency. Always ensure you understand what is being told to you before you hang up. When retirees or annuitants contact DFAS (1 800 321-1080) and feel additional assistance is required, don't hesitate to ask the person (whose name you've previously jotted down) to forward your call to their lead technician or supervisor. DFAS employees are required to forward customers to their supervisor or lead technician if so requested. [Source: Bill Turner Editor, Air Force Retire News FEB 03]

Tricare Claims & TPL: One of the more common issues that complicate the processing of TRICARE claims is the requirement to document possible Third Party Liability [TPL]. If a TRICARE beneficiary is injured as a result of an action or the negligence of a third person, the TRICARE contractor must consider possible liability prior to processing the claim. If appropriate, the contractor must pursue the Government's recovery rights under the Federal Medical Care Recovery Act. If the liable third party has other health insurance (OHI) -- including auto or homeowner's medical insurance, no-fault auto, or uninsured motorist coverage-that does not cover all expenses, TRICARE will coordinate as secondary coverage. If the OHI pays the bill in full, TRICARE will pay nothing. To the beneficiary, the visible evidence of this requirement is a letter from the claims processor requesting a completed DD Form 2527 (Statement of Personal Injury-Possible Third Party Liability). A copy of the DD Form 2527 can be downloaded and printed from the web site http://www.tricare.osd.mil/claims/ If the requested TPL form is not received within 35 days of the initial request, the claim must be denied. The decision whether or not to request a TPL determination is based upon the diagnosis on the claim. All inpatient claims with a diagnosis code between 800 and 999 require an evaluation of TPL. The same is true for any outpatient claim with the same range of codes, in which the TRICARE liability exceeds $500. The 800 to 999 code range includes fractures and dislocations, sprains, most injuries and wounds, contusions, possible complications of injury such as shock or embolism, poisonings, and complications associated with surgical or medical care. Using the completed TPL form, the TRICARE contractor can determine whether or not to pursue reimbursement.
     The most common complaints about this process are "...I just slipped and there was no other person involved...why do I have to complete the form...? or "...I have already sent a form, why must I send another...?" Concerning the first complaint, TRICARE has no way of knowing whether a broken wrist or head injury was caused by a driver rear-ending you at a stop light, or whether you slipped in your own yard and hurt yourself. The TPL form helps make this determination. In the second complaint, each claim in an episode of care is processed independently. If the claims processor does not make the connection between two or more claims, it may send out duplicate requests for a TPL form. The easiest way to face this situation is to make a copy of any correspondence sent to the TRICARE claims processor. Rather than try to coordinate with the contractor to locate lost or misplaced paperwork, it is often easier just to mail or fax another copy of this form. If you have a specific problem or question about this process, contact either the Beneficiary Counseling and Assistance Coordinator (BCAC) at the nearest military hospital or send an email to THEMS at TRICARE_Help@amedd.army.mil An online BCAC directory is available at http://www.tricare.osd.mil/BCACDirectory.htm
[Source: THEMS Newsletter FEB 03]

VA Copay [Low Income Vet]: As a result of a recent change in the laws governing the Department of Veterans Affairs, beginning October 1, 2002 lower income veterans may qualify for a reduction in the VA inpatient medical care co-payments. Generally, a non-service connected veteran or a non-compensable zero percent service connected veteran with income qualifying for Department of Housing and Urban Development (HUD) low-income housing benefits will now be charged only 20 percent of the current inpatient co-payment. This equates to $2.00 per day plus $168 for the first 90 days of hospital care and $84 for each subsequent 90 day period up to one year.
     This law did not change outpatient care and medication co-payments. The current per visit co-payment for outpatient basic primary care is $15 and $50 for outpatient specialty care. The medication co-payment is currently $7 for each 30-day or less supply of medications. For questions or concerns regarding your inpatient co-payments contact the VA Health Benefits Service Center at 1-877-222-VETS (8387). To read VHA Directive 2003-005 in its entirety, visit http://www.va.gov/publ/direc/health/direct/12003005.pdf on the VA web site.
[Source: MOAA Benefits Update 3 MAR 03]

Space "A" Info [Web Site]: Information concerning Space-A policy may be obtained by sending an e-mail to amc-lgtp@scott.af.mil Do not send e-mail requesting flight information to this email addee. You must contact terminals directly for flight information. The following Space-A related information is available online at http://amcpublic.scott.af.mil/Spacea/24_203.htm

   * Tips for Traveling Space A

   * Registration

   * Continental United States (CONUS) AMC Terminals

   * Eligibility

   * Commercial Gateways

   * Baggage Immigration and Border Clearance Requirements

   * Selection Process

   * AMC Passenger Operations (Includes mailing addresses/phone numbers/ etc.)

   * Space Available (Space A) Travel Questions and Answers

   * Space Available Base Telephone Numbers

[Source: MOAA's Benefits Information for March 2003]

Pharmacy - Online Purchasing Update: The number of Americans using Canada to buy prescription drugs at prices up to half those at home continues to increase. Three of the biggest online sources are   http://www.thecanadiandrugstore.com/    http://www.canadarx.net/   and http://www.canadameds.com/    However, one drugmaker is trying to halt the cross-border trade. Pharmaceutical giant Glaxo-SmithKline, producer of products like Aquafresh toothpaste and antacid Turns, has taken steps to cut off supplies to Canadian licensed pharmacies that continue to sell its medicines to Americans. If they are successful it is anticipated that other American drugmakers will follow their lead. About 1 million Americans, mostly age 65 and older, now fill prescriptions by mail order from Canada, according to the Canadian International Pharmacy Association (CIPA), a group that represents licensed pharmacies selling drugs to the United States via the Internet. American-made prescription drugs normally cost less in Canada, where the government regulates prices. U.S. law does not permit reimportation, but the rule is not enforced for individual consumers. The American drugmaker's rationale for stopping reimportation by individuals is it is in the interests of patient safety. However, CIPA contends that the exported drugs are the same quality and sent through the U.S. mail in the same way as American mail order drugs. CIPA is asking U.S. customers to protest Glaxo's attempts by writing the company or boycotting its products. [Source: AARP March 2003 Bulletin]

DFAS Overpayment 1998-2000: A routine audit by Navy Field Examination Groups has disclosed that the Defense Finance and Accounting Service overpaid some 2,200 Navy members who were assigned to certain afloat units between 1998 and 2000. The overpayments, totaling approximately $3 million, occurred during a transition to upgraded pay systems. The 1,100 active-duty members affected are being notified by their chain of command and will have the opportunity to schedule repayments over two years or apply for a waiver or remission of the debt. Those who were overpaid but are no longer on active duty will be notified by DFAS Debt and Claims Management.
[Source: Armed Forces News March 14, 2003]

Commissary Elimination Proposed: A list of options for cutting federal spending that was released by the Congressional Budget Office last week includes a cap on military pay raises at 2 percent for several years. Another option was to close down military commissaries. This would lead military exchanges to increase on-base grocery sales. Since exchange foodstuffs are generally 10 percent higher than similar commissary sales, about half of the $1.1 billion saved through commissary closings would be funneled back to service members through a grocery allowance of $500 a year. The CBO's reports generally get mixed responses from Congress. [Source: Armed Forces News March 14, 2003]

Tax Fairness Act Ambushed: The Armed Forces Tax Fairness Act of 2003 was to have been considered on the House floor on March 6, but special interest amendments adding hundreds of millions of dollars that were unrelated to military service were attached. Because this would have threatened the bill's passage, it was pulled from the schedule. Congressional leaders hope to pare it down and bring it back to the House. Under the original bill, a home owner transferred by military orders or ordered into government quarters would have up to 15 years to meet the two-year residency requirement for a capital-gains tax exclusion on home-sale profits. The bill also would have provided a tax deduction for Reservist and Guard expenses for overnight travel related to drills, and would have raised the tax exemption for active-duty death gratuities from $3,000 to $6,000. [Source: Armed Forces News March 14, 2003]

Military e-mail Service: Air Force Crossroads, the Air Force's official community Web site, offers a secure and reliable e-mail program through Global Internet Mail to help families keep in touch. Although there are other nonprofit and commercial e-mail and Internet services available, this GI Mail service is sponsored and maintained by the Air Force who is responsible for the operational capability and security of the service. Registration for GI Mail is free for those eligible through the Air Force Crossroads Web site at http://www.afcrossroads.com Users can log in to the Web-based system from any computer with Internet access. Eligible users include active duty, Reserve, National Guard, retired or civil service employees and their authorized family members.  [Source: Armed Forces News March 14, 2003]

TMOP Update 2: Effective 1 March 2003, Express Scripts became the provider of the new TRICARE Mail Order Pharmacy (TMOP) program [i.e. formerly NMOP]. If you haven't already done so, visit the Express Scripts website
http://www.expressscripts.com/custom/homepage/special_features/dod  and review the list of common questions about TMOP at http://www.expressscripts.com/custom/dod/tmopfaq  Also, if you plan to use the TMOP you can register online by completing the website registration process. When finished, you'll see a page with a "Pre-Register with TMOP" link. Click this link and follow the prompts to submit your information. Each beneficiary that uses the TMOP program should complete both the website registration process. After registering you can use the TMOP website to:

   * Download forms to fill new prescriptions (available 1 March 2003)

   * Order refills (available 1 March 2003)

   * Check your order's status (available 1 March 2003)

   * View the details of your TMOP benefit

   * Read drug and health information      [Source: NAUS Update 28 FEB 03]

Recall to Active Service - USMC Update 1: The US Marine Corps deployments have created billet gaps at both non-deploying bases and stations worldwide, and to a lesser degree within the operating forces. Accordingly, the headquarters is screening a flood of retired Marines who have expressed a desire to return to active duty. The planned initial period of service for those accepted will not exceed six months. Marines with "operational" experience and skills who have retired within the past five years are particularly encouraged to apply. They must be under age 60, be in a "reasonable" state of physical condition; have serviceable uniforms to include at least camouflage utilities, and be willing to temporarily suspend all VA benefits if assigned an active-duty billet. Send requests to: HQMC (MMSR-7), 3280 Russell Road, Quantico, Va. 22134-5103. Contact for officers is Capt. A.M. Ingram at (703) 432-9097. The contact for enlisted Marines is MSgt V.P. Tate at (703) 432-9099.
[Source: NAUS Update 28 FEB 2003]

Reservists Child Support: Guard and Reserve members who have child support obligations and whose civilian income is larger than their military one should review their rights before they get orders. The Defense Finance and Accounting Service's Garnishment Operations Directorate has been working with the Federal Office of Child Support Enforcement to address child support payment issues related to activated reservists. One scenario of concern is a reservist whose child support order is based on civilian income and doesn't take into account a possible loss of income caused by military activation. Neither the obligation nor the payment due is affected automatically by military service except as the support order may state. Reservists who need relief have to ask for a review and modification of the child support obligation from their appropriate state child support agency. For more information affected parties should review the Web sites below:

   * State child support enforcement agencies gateways at http://www.acf.hhs.gov/programs/cse/extinf.htm#exta

   * Federal Office of Child Support Enforcement Information Memorandum (IM)-01-09 at http://www.acf.hhs.gov/programs/cse/pol/im-01-09.htm

   * DoD guidance, provided under "Family Law Matters" at the secure Web site operated by the Army Judge Advocate General's Office at: https://www.jagcnet.army.mil/Legal   [Source: Adapted from a Defense Finance and Accounting News Release JAN 03]

VA Tinnitus Compensation Eligibility: The United States Court of Appeals for Veterans Claims has announced a decision in the case of Wanner v. Principi. At issue was whether service connection or compensation for tinnitus should be allowed only for "head injury, concussion or acoustic trauma." The Court held that persistent tinnitus, no matter how it was acquired during service, entitles a veteran to compensation under the rating schedule. Accordingly, in claims for service connection for tinnitus filed before June 10, 1999, including those now on appeal, claimants will now be entitled to service connection without regard to how the tinnitus was acquired. The court did not decide whether veterans are entitled to separate ratings for service-connected bilateral tinnitus (tinnitus in each ear). [Source: Armed Forces News Issue 28 FEB 2003]

Tuition Free Vet Education [CT]: Veterans may attend Connecticut Public Colleges and Universities tuition free. Connecticut statutes provide that tuition may be waived for qualified veterans attending the University of Connecticut, Connecticut State Universities and the 12 Community Technical Colleges. Tuition waivers for veterans cover 100% of tuition for General Fund courses at all public colleges and universities and 50% for Extension Fund and Summer courses at Connecticut State Universities. To be eligible for veterans' tuition benefits at any college or university, a veteran must be honorably discharged from the U.S. Armed Forces and must have resided in Connecticut for at least one year upon enrolling in college. Waivers cover only the cost of tuition for credit-bearing undergraduate and graduate programs. Other charges, such as for books, student activity and course fees, parking, and room and board, are not waived. To qualify for a waiver at the University of Connecticut and Connecticut State Universities, veterans generally must be matriculated, that is, admitted to a degree program. The Community Technical Colleges are more flexible. When applying for admission and registering for courses you should have on hand your separation papers. Connecticut has taken the lead in providing free vet education and its statutes serve as an example to follow in other states legislatures for the benefit of their veterans.
[Source: Struse Sloane msg. to CA Legislature dtd 6 FEB 03]

CHAMPVA - Remarried Widows: The Department of Veterans Affairs (VA) recently stated that some military spouses who were beneficiaries under TRICARE or Civilian Health and Medical Program of the VA (CHAMPVA) , but lost their benefits upon remarriage, may be eligible to be reinstated for benefits. A provision in the Veterans Benefit Act of 2002 authorizes this reinstatement if the former beneficiary's remarriage was on or after his/her 55th birthday, provided that the original marriage was to a veteran who was permanently and totally disabled or died from a service-connected condition. Eligible spouses must enroll before 4 February 2004, and can obtain an application for benefits by calling (800) 733-8387. [Source: FRA News-Bytes 27 FEB 03]

Tricare New Claim Policy for the Philippines: Increased Fraud/Abuse practices of medical care providers in the Philippines have led to increased scrutiny of claims submitted from that country. Two major changes have been implemented in the last six months by Tricare Management Activity [TMA] to enhance accountability of providers and beneficiaries residing there. These policy changes presently apply only to the Philippines.

    1. All medical care providers inclusive of hospitals, pharmacies, laboratories, etc must meet the requirements to become authorized TRICARE providers. Once authorized they will be placed on a master list that can be viewed at http://tricare-pac.tamc.amedd.army.mil/default2.htm The list indicates the last date updated. Claims submitted for services provided by anyone not on the list will be subject to denial if the provider does not respond within 30 days to a certification packet forwarded by Tricare to the provider. If your provider does not appear on the list he/she should be requested to respond expeditiously when the packet is received. Beneficiaries will be subsequently appraised of the acceptance or denial on the explanation of Benefits [EOB] provided by Wisconsin Physician Service, Inc [WPS]. Denied claims can be resubmitted and will be honored if the provider subsequently provides appropriate bio data, a copy of a license to practice valid during the period the care was given, and meets the screening requirements of TMA. Providers are subject to periodic reviews of their qualifications to provide services and claims submitted for their services and can be decertified if they do not meet TMA requirements.

    2. Effective March 15, 2003, the Philippine Tricare contractor WPS will no longer accept "Signature on File" and "Facsimile Signature Authority" on paper claim forms DD Form 2520 [yellow] replaced by HCFA 1500, and UB-92 submitted by providers. Claims without the beneficiary's actual signature will be denied and a notification of the denial will be sent to both the beneficiary and the provider with instructions on how to resubmit the claims. Beneficiaries should not sign blank or incomplete forms and are encouraged to retain a copy of what they sign to compare to what ultimately appears on their EOB. Forms should include medical charges and date of service. It is the beneficiary's responsibility to report any care or services billed on the EOB by the medical care provider that was not actually received for the charges, quantities or on the dates indicated. If you want to make a Fraud or Abuse report from the Philippines send to:

   * E-Mail: "Tricare Fraud -WPS" avamstad@wpsic.com [Note: Previous email addee reported has changed] or

   * Mail your information to: TRICARE Program Integrity, P.O. Box 7635, Madison, WI 53707-7635

    If you desire a response provide appropriate contact information in your correspondence and indicate you want a response. Claim forms can be downloaded from the internet at website http://www.tricare.osd.mil/claims/default.htm Beneficiaries in the Philippines are encouraged to use secure mailing addresses such a FPO/APO mail services to minimize identity theft. All other claim submission requirements remain in effect. These include:

   * Claims should be submitted upon completion of each episode of care and not held for one year.

   * Each claim must be received by WPS within one year of services provided to be honored.

   * All the bills associated with a single episode of care should be submitted on a single claim form [i.e. doctors visit plus all medications prescribed].

   * A separate claim must be submitted for each family beneficiary.

   * A separate claim must be submitted for each medical condition treated if not related to other medical conditions treated. However, all bills related to the same medical treatment may be included on a single claim form.

   * If the beneficiary has both a mailing and home address the mailing address should be used on the form.

   * If the beneficiary desires payment in dollars vice pesos it must be annotated in bold print across the top of the claim form and circled vice highlighted.

   * Annotate all attachments/bills with your SSN.

   * Attach copies vice originals of all fully itemized bills on provider letterhead or billing form to the DD Form 2642 "CHAMPUS Claim Patients Request for Medical Payment"

   * If reason for medical care was related to an accident of any type, complete and attach a DD Form 2527 "Statement of Personal Injury - Possible Third Party Liability".

   * Attach copies of other health insurer's [OHI] payment determinations to the DD Form 2642.

   * Attach prescriptions for all medical supplies purchased.

[Source: Tricare Pacific Lead Agent & RAO Baguio 8 MAR 03]

VA IVM Program: The VA has published Income Verification Match (IVM) program procedures for determining how they will meet provisions of the law (Title 38 United States Code (U.S.C.) 1722), which sets forth eligibility requirements for certain veterans receiving cost-free VA health care. The veterans affected are those with non-service connected disabilities and those with a zero percent service connected disabilities that receive no monetary compensation. The law allows the VA to verify a veteran's income information with the IRS and the Social Security Administration for when that information indicates the veteran is eligible for cost-free VA health care. The VA intends to verify those veterans' income through computer matching activity with IRS and SSA. To read the VA Directive governing this program, visit VA's web site at http://www.va.gov/publ/direc/health/direct/1909b.pdf  [Source: MOAA Benefits Update 3 MAR 03]

Concurrent Receipt Update 10: Sen. Harry Reid, D-Nev., has introduced a bill to provide full concurrent receipt of military retired pay and disability compensation from the Department of Veterans Affairs. His bill, S-392, has 38 cosponsors. The House counterpart, HR-303, sponsored by Rep. Michael Bilirakis, R-Fla., has 120 cosponsors. Similar bills died in the last Congress in the face of threats of a veto by President Bush, although a bill for concurrent receipt for the most severely disabled retirees was passed. The preponderance of retirees (who did not benefit by last year's bill) forfeit one dollar of retired pay for every dollar of disability compensation they draw. Military retirees are the only class of retirees who must forfeit their retired pay to accept disability compensation from the VA.
[Source: Armed Forces News Issue: 28 FEB 2003]

Continued Health Care Benefits Program [CHCBP]: CHCBP is offered for persons who are losing their eligibility for TRICARE benefits which are:

   * individuals separating (not retiring) from the military;

   * dependent children reaching the age of 21 and who are not full-time students,

   * dependent children who reach the age of 23 and were, or are, full-time students,

   * dependent children who marry,

   * divorced former spouse who does not meet the requirements to maintain benefits as an Un-Remarried Former Spouse.

The above may apply for temporary, transitional medical coverage under the CHCBP which can act as a "bridge" between your military health benefits and your new job's medical benefits. If you purchase this conversion health care plan, CHCBP may entitle you to coverage for preexisting conditions often not covered by a new employer's benefit plan. The CHCBP benefits are comparable to the TRICARE Standard benefit, which covers a majority of medical conditions, uses existing TRICARE providers and follows most of the rules and procedures of TRICARE Standard. However, for some types of treatment, coverage can be limited. Prior to enrolling in CHCBP, interested beneficiaries are encouraged to contact a TRICARE Service Center to ask specific questions regarding TRICARE Standard coverage. Eligible beneficiaries must enroll in CHCBP within 60 days following the loss of entitlement to the Military Health System. To enroll, you will be required to submit:

   * A completed CHCBP Enrollment Application form (DD Form 2837).

   * Documentation as requested on the enrollment form, e.g., DD-214-Certificate of Release or Discharge from Active Duty; final divorce decree; DD1173-Uniformed Services ID Card. Additional information and documentation may be required to confirm an applicant's eligibility for CHCBP.

   * A premium payment for the first 90-days of health coverage. The premium rates are $933 per quarter for individuals and $1,996 per quarter for families. Humana Military Healthcare Services, Inc. will bill you for subsequent quarterly premiums through your period of eligibility once you are enrolled. CHCBP coverage is limited to 18 months for separating Service Members and their families or 36 months for others who are eligible. In some cases unremarried former spouses may continue coverage beyond 36 months if they meet certain criteria. You may not elect the effective date of coverage under CHCBP. For all enrollees, CHCBP coverage must be effective on the day after you lose military benefits. For more information, visit  http://www.humana-military.com/chcbp/main.htm  [Source: MOAA Benefit Update FEB 03]

SS Benefits for a Divorced Spouse: Federal law overrides any legal paperwork from the lawyers. A divorced spouse can get benefits on a former husband or wife's Social Security record if the marriage lasted at least 10 years. The divorced spouse must be 62 or older and unmarried. She gets the same amount she would get if she were still married to him -- up to half of his benefit amount while he's still alive and possibly all of it when he dies. If the spouse has been divorced at least two years, he or she can get benefits, even if the worker is not retired. However, the worker must have enough credits to qualify for benefits and be age 62 or older. The amount of benefits a divorced spouse gets has no effect on the amount a current spouse can get. For more information, see Social Security Administration's online publication, "What Every Woman Should Know" at http://www.socialsecurity.gov/pubs/10127.html  

SBP Delayed Claims: SBP Beneficiary's Heads Up. The Court of Federal Claims has accepted the government's motion to dismiss a claim by the widow of a retired Naval reservist for Survivors Benefit Plan payments. Sarah S. Jackson filed a claim almost 15 years after the death of her husband, Chief Hull Maintenance Technician Clifford T. Jackson. Jackson died approximately four and one-half years before his 60th birthday, when he would have been eligible for retired pay. The court ruled not to hear the case essentially because:

   (1) Sarah Jackson should have known that her husband had executed an SBP agreement because she signed the document as his spouse;

   (2) the Navy had no legal responsibility to notify her after her husband's death that she rated SBP payments; and

   (3) she had lost the legal ability to file a federal claim when the six-year limitation for filing claims expired.
[Source: Armed Forces News Issue 24 JAN 2003]

POW Special Compensation: In the 107th Congress H.R. 5235 Former POW Special Compensation Act of 2002 was introduced to establish a three-tiered special monthly pension for former POWs. Chairman of the House Veterans Benefits Subcommittee. The new compensation was proposed to be administered and paid by the VA. Under it a former POWs detained 30 to 120 days would receive $150 a month, 121 to 540 days $300 a month, and more than 540 days $450 a month. It would have been paid without regard to any other compensation and would not have been considered income for purposes of eligibility under any other federal or federally assisted program. According to congressional sources, there are an estimated 42,781 living American ex-POWs. More than 39,700 are WWII survivors, 2400 from the Korean War, 601 from the Vietnam War, one from Somalia and three from Kosovo. Approximately ten former American POWs die each day.
     This bill died with the close of the 107th Congress and has not been reintroduced in the 108th. Readers concerned with seeing compensation paid to former POWSs should contact their legislators to promote reintroduction and sponsorship of a new bill.
[Source: The QUAN Vol. 57-4 dtd JAN 03].

Overseas Voters: These include:

   * An absent Uniformed Services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;

   * a person who resides outside the U.S. and is qualified to vote in the last place in which the person was domiciled before leaving the U.S.; or

   * a person who resides outside the U.S. and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the U.S.

     The above mentioned citizen's last place of domicile must be in the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or American Samoa. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) permits absent Uniformed Services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and run-off elections for Federal office. In addition, most Uniformed Service members may choose to vote a full ballot (Federal, state and local elections).
     Some states have expanded these laws to allow other overseas citizens to vote a full ballot. Those states can be located in the 2002-03 Voting Assistance Guide for state-specific guidelines. There are many United States citizens who have never resided in the U.S. and under current law are not entitled to vote. These are usually first or second-generation U.S. citizens overseas who are subject to U.S. income tax and all other requirements of citizens. Except for the fact that they have never resided in a state, they would be eligible to vote in elections for Federal office. Ten states have passed legislation allowing these citizens to claim the legal residence of a parent. These states are: Georgia, Hawaii, Iowa, New York, Oklahoma, Oregon, Rhode Island, Tennessee, West Virginia, and Wisconsin. The Federal Voting Assistance Program website at http://www.fvap.gov contains up-to-date information and materials, the current 2002-03 Voting Assistance Guide and other publications.
[Source: Voting Information News- February 2003]

TRICARE Coverage: One of the most frequent questions received by the TRICARE Help E-mail Service [THEMS] is "what medical benefits or medications are covered?" In general terms, most medically appropriate, non-experimental treatment for a covered illness or injury is approved by TRICARE.

Medically appropriate - TRICARE provides medical care in accordance with currently accepted treatment standards of the medical community. Based upon medical history, symptoms, diagnosis, and professional judgment, the provider may perform appropriate testing and treatment. Normally, the less invasive and complex diagnostic tools must first be utilized, unless the provider furnishes medical evidence to support an exception. If the provider disagrees with TRICARE on the appropriate treatment, there are a variety of appeal procedures available to secure appropriate and timely treatment for the patient.

Experimental procedures - TRICARE will not cost share unproven or experimental treatments. Some new treatments receive significant publicity but, upon further medical evaluation, prove to be either harmful or ineffective. These treatments are not covered. On the other hand, there are new procedures and products that, after evaluation, prove to advance medical boundaries in the diagnosis and treatment of injury or disease. After a new product or procedure receives FDA approval, TRICARE performs a technical appraisal and, if feasible, adds the new treatment to the long list of approved TRICARE benefits.

Covered illness or injury - TRICARE does not cover most cosmetic procedures, nor does it cover services by unauthorized providers such as chiropractors or acupuncturists. Most illnesses and injuries are considered covered conditions. The important thing to remember is to contact an expert, usually a health care finder at the nearest TRICARE Service Center, to discuss clinical aspects of your case. Unique characteristics of your condition may mean a treatment that is normally not covered may be approved by TRICARE. Examples include adjunctive dental care and cosmetic surgery in response to disfigurement, such as breast reconstruction or repair after burn injuries.

Medications - With respect to medications, most FDA approved medications are available if medically necessary. If a suitable generic medication is available, that medication will be provided, unless the prescribing physician provides medical support to the contrary. Likewise, TRICARE will normally contract with drug companies to provide popular medications at a discount. For example, Zocor is the preferred brand in the Statin class of drugs to reduce cholesterol. If, however, the doctor provides medical support to prescribe Lipitor rather than Zocor, the patient will be able to get the appropriate drug to treat his or her condition.

Questions - The TRICARE Handbook provides information on both covered and non-covered benefits. Likewise, the TRICARE Policy Manual contains detailed information about your benefits. Both publications are available on line and can be accessed through the pull-down menu on the TRICARE website http://www.tricare.osd.mil  You can send questions or comments about any of the above or make inquiries regarding your personal situation to THEMS at TRICARE_Help@amedd.army.mil THEMS is a free e-mail service that provides quick answers to TRICARE questions. Clinical issues should be referred to your primary care provider. [New: FEB 03]

Academy Life Insurance Refund Update: As part of a $160 million settlement to avoid federal prosecution for defrauding service members, Academy Life agreed to never again sell another insurance policy in the United States
or ask DoD for permission to conduct business on U.S. military installations. The Defense Department in 1998 barred the company from doing business on military installations for three years. The complaint alleged the insurers sold more than 92,000 policies of a particular life insurance plan to service members and their families between 1993 and 1998 and reaped more than $200 million in premiums. Academy Life has agreed to add 6.5 percent to the face value of any policies still in force, and to provide refunds to those who canceled policies between 1991 and 1998.
     The company seeks immediate contact with an estimated 110,000 current and former service members who may be eligible to receive payments. Notices and payment applications were mailed by FEB 24 to the last address on file for thousands of former policyholders it believes are eligible. Eligible persons have until June 24 to file for a refund. After that deadline, applications will not be considered. Refunds of up to $200 per policy will be made. Former policyholders must meet all the following conditions to be eligible for payment from the settlement fund:

     The person was the last owner of a Genesis Series policy issued from Jan. 1, 1991, through Dec. 31, 1998.
     The policy terminated prior to Sept. 30, 2002.
     No death benefit was paid under the policy.
     The person was living on Sept. 30, 2002.
     The person accurately completes an application for payment and mails it to Academy Life by June 24.

Anyone wishing to contact Academy with reference to insurance policies can call 1-800-523-5625. The company, formerly affiliated with the Non Commissioned Officers Association, admitted no wrongdoing in settling charges that had included fraud, false statements and misrepresentation. As a result of the situation, Defense officials have stated that they will tighten up on-base solicitations early this year. In addition, a joint-service coordinating council will be established as a clearing house for information about individuals and companies that violate base access
rules. [Source: Armed Forces News 3 JAN 03 & PASBA msg. 20 FEB 03]

VA Category 8 Care Suspension: VA has been unable to provide all enrolled veterans with timely access to health care services because of the tremendous growth in the number of veterans seeking VA health care. More than half of all new enrollees have been in Priority Group 8. This demand for VA health care is expected to continue in the future. Secretary of Veterans Affairs Anthony J. Principi has suspended additional enrollments for veterans with the lowest statutory priority which are Category 8. His rational in doing this is to ensure the Veterans Administration has capacity to care for veterans for whom our Nation has the greatest obligation. These are vets with military-related disabilities, lower-income, and those needing specialized care like veterans who are blind or have spinal cord injuries This suspended category includes veterans who are not being compensated for a military-related disability and who have higher incomes.
      The suspension of enrollment affects only veterans in Priority Group 8, the lowest group in VA's eight-level system for setting health care priorities, who had not enrolled in VA's health care system by January 17. Priority Group 8 veterans already enrolled will be "grandfathered" and allowed to continue in VA's health care system. Work is underway with the Department of Health and Human Services to determine how to give Priority Group 8 veterans aged 65 or older who cannot enroll in VA's health care system access to the "VA+Choice Medicare" plan. When finalized the plan calls for VA to participate as a Medicare+Choice provider. Eligible veterans would be able to use their Medicare benefits to obtain care from VA. In return, VA would receive payments from a private health plan contracting with Medicare that would cover costs. The "VA+Choice Medicare" plan would become effective later this year as details are finalized between VA and the Department of Health and Human Services. [Source: VA Newsletter 17 JAN 03]

Military Records/DD-214: All retirees and veterans need copies of their Report of Separation (DD Form 214 or equivalent) available and stored in a secure place known by their next of kin. The retained documents should be either the original or government certified true copies. If you do not have them on hand you can obtain them by using a "Request Pertaining to Military Records Standard Form 180 (Rev-2/02)" which can be downloaded at http://www.archives.gov/facilities/mo/st_louis/military_personnel_records/standard_form_180.html  The mailing address is listed on the form. You can also obtain this form from your RAO/RSO. The multipurpose three-page form is applicable to all Active service, Reserve service, and National Guard personnel for submission by the individual concerned, next of kin, or legal guardian. Ensure you request three (3) Undeleted Copies under Section II. All copies provided by NPRC have a raised seal imprint signifying that they are certified true copies. If you are certain that your records are at NPRC, you can fill out a request using the web and then mail/fax in a signature page. This will speed up the processing time. To use this option, go to: http://www.archives.gov/research_room/vetrecs/ (note there are underscores ( _ ) in both of these web site addresses.) At the bottom of the page, click on the red oval labeled, "Request Military Records". Figure on at least two to six months to obtain copies of your records dependent on what you are requesting. A DD-214 takes about two months. This document or its equivalent will be required for you or your dependents/next of kin to obtain ID cards by mail, Social Security benefits, burial benefits and burial flag, VA benefits, educational benefits, medals, etc. For personnel who separated prior to FEB 1950 you will have to provide an equivalent. For service during WW-II the Separation Document was generally War Department (WD) Form 53-55. NPRC will sometimes issue a Certificate of Service if the records were lost in the 1973 fire. This document is recognized by the Department of Veterans Affairs as the legal equivalent of a Separation Document/DD Form 214. Check with the agency involved as to what is acceptable as there are 69 documents that were issued prior to this date that could be proof that the individual was a veteran. Copies of your other military records can also be obtained using the Standard Form 180. The address to write to is indicated on the back of the form and is dependent upon the providing custodian and record requested. A nominal fee is sometimes charged dependent upon the type of service requested for which you will be notified if applicable. Service personnel/retirees have access to almost all information contained within their service jackets. The next of kin, if the veteran is deceased, and Federal officers for official purposes, are authorized to receive information as specified in the Freedom of Information Act and Privacy Act. All other requesters must have release authorization signed by the veteran or his next of kin. Reserve officers who retire and begin receiving retired pay at age 60 are not given a DD Form 214. Instead, these officers are provided a letter authorizing retired pay at age 60, which is sufficient documentation of retirement for that category of retiree.
      After you receive your DD Form 214 copy it is possible to record it with your local clerk of the court to ensure that your survivors have a copy readily available when needed. However, in these days of fraudulent identities from identity theft it may be something you want to reconsider. These DD Form 214s have your social security number and enough personal data to cause a real problem in the wrong hands. Current Department of Defense policy is to recommend that the Separation Document NOT be recorded at the county court house. This record in many locales can be obtained by anyone for a nominal fee. Once entered into county records, removal usually requires a court order. Copies in the hands of your attorney, spouse, or adult child are a far better idea. A safety deposit box is usually sealed upon the death of box holder and placing a Separation Document in a safety deposit box may cause difficulties in immediate retrieval upon the death of the veteran/retiree. A possible solution is to place a copy in a Tupperware (or equivalent) container in your refrigerator. This serves several purposes:

   (1) The document is protected.

   (2) It is easy to retrieve.

   (3) In the event of a fire the document will be protected as the refrigerator is well insulated. In a prolonged fire, the heavy refrigerator may fall through a burning floor into a basement and it can be located faster in the rubble than a small fireproof safe.

   (4) Should water get inside the refrigerator, the Tupperware (or equivalent) container will keep the document dry. [Source: Various. Reviewed by NPRC/NARA JAN 03]

Tricare Supplemental Insurance: The National Defense Authorization Act of 2001 reduced the Fiscal Year Catastrophic Cap for retirees and their families from $7,500 to $3,000. The cap for active duty sponsors and their families remains at $1,000. What this means is that once the accumulated deductibles and cost shares reach the catastrophic cap in a fiscal year, TRICARE will pay the full-allowed amount for covered services through the end of that fiscal year. The only thing the family will pay through the rest of the fiscal year will be the 15% surcharge associated with services by a non-participating provider and expenses associated with use of the Point of Service option by Prime enrollees. This change has caused many retirees to reconsider the need for a TRICARE supplement. If a retiree and spouse purchase a supplement with a premium of $25 per person per month and a $300 deductible, each beneficiary must pay at least $450 before the supplement will start to pay. This does not include the annual $300 premium. Thus your out of pocket expense before you would receive any payback is $750 [i.e. TRICARE Deductible $150 + Supplement Deductible $300 + Premium ($25 x 12) $300 = Total: $750]
      If a reasonably healthy TRICARE Standard retiree and spouse each visits a participating physician four times a year at $100 per visit, and each visit is associated with $150 in lab fees and two brand name prescriptions from a network pharmacy, their projected annual cost would be:

   * Office Visits: 4 x $100 = $400 ($100 deductible, $225 TRICARE cost share + $75 patient cost share)

   * Lab Work: 4 x $150 = $600 ($50 deductible, $412.50 TRICARE cost share + $137.50 patient cost share)

   * Prescriptions: 8 x $9 = $ 72 co-pay paid by patient

   * Total Patient Payments = $434.50 (i.e. $100 + $75 + $50 +$137.50 + $72)

      Using the above example of four visits per patient, a reasonably healthy couple with a supplement would pay $1,500 ($750 X 2) each year. The same couple using TRICARE Standard with no supplement would pay $869 ($434.50 X 2) each year. Even if the sponsor or spouse has major surgery due to accident or illness, the Catastrophic Cap will limit liability in any fiscal year to $3,000. Remember: to obtain the full protection afforded by the cap, the patient should use providers who accept TRICARE. There are several exceptions that should be noted: Pharmacies cannot access information concerning catastrophic caps. The patient will probably have to pay the normal $9 co-payment (brand name) and file a claim for reimbursement. Additionally, the 15% surcharge associated with the use of a non-network provider is not subject to the catastrophic cap. It is, however, normally reimbursed by most TRICARE supplements. TRICARE Supplemental Insurance policies noted at http://www.tricare.osd.mil/supplementalinsurance/plans.cfm are underwritten and administered by private companies. The comments above are just an example of some of the issues to consider. Anyone considering the purchase of a supplement should evaluate the details of the particular product against any personal preferences or unique circumstances. If you wish to discuss specific aspects of your needs for health care coverage, you should contact a Beneficiary Counseling and Assistance Coordinator  http://www.tricare.osd.mil/BCACDirectory.htm  at the nearest military hospital. [Source: THEMS Newsletter DEC 2002]

Homeless Initiative: The Departments of Veterans Affairs (VA), Housing and Urban Development (HUD), Health and Human Services (HHS) and are launching a $35 million program to provide permanent housing, health care and other supportive services to those experiencing chronic or long-term homelessness. Coordinated by the federal Interagency Council on Homelessness, today's funding notice builds upon the Bush Administration's goal to end chronic homelessness within a decade. This funding is designed to improve the delivery of federal resources that address the special housing and service needs of this population of homeless persons - many of whom have mental illness, drug/alcohol addiction and/or physical disabilities.
     The notification of funding availability (NOFA) is a critical component in addressing the needs of chronically homeless persons and will draw upon innovative local programs that promote a "housing first" approach to responding to homelessness. Research confirms that approximately 10 percent of the nation's homeless are so-called chronically homeless - often suffering from mental illness or addiction. Though a fraction of the overall homeless population, these long-term homeless persons account for approximately half of all the resources dedicated to meet the needs of the entire homeless population. The goal is to focus on those who are most at risk and to offer a permanent solution.
[Source: NAUS Update for 31 JAN 03]

AFRC Shades of Green Reopening: Reservation are now being taken for the reopening of the Armed Forces Recreation Center Shades of Green hotel on Walt Disney World Resort in DEC 2003. Shades of Green was closed for expansion and complete renovation in early 2002. Rates are based on rank from a low of $70 for E-1s through E-5s to $116 for senior officers. The renovated facility will double its guest space to 586 rooms, add a new 500-space parking garage and 7,500 square feet of special-event space for reunions, weddings and other family-oriented social functions. Nine rooms will conform to the standards of the Americans with Disabilities Act with wider bathroom doors and roll-in showers. All rooms will have standard amenities such as ironing boards and televisions, but there will be some new twists -- refrigerators, wireless TV keyboards and 12 hours of Internet access for about $6. Guests will be able to play TV video games, in-room movies and order attraction tickets online from the hotel's tickets and tours office. The hotel restaurants are being remodeled. The four include a new Northern Italian-themed trattoria. Shades of Green has two heated swimming pools, a kiddie pool, play area and tennis courts. It's situated among three Walt Disney World Resort golf courses: two 18-hole championship courses and a nine-hole executive course with discounted greens fees for military players. Free shuttle bus service transports guests to and from Disney attractions. Shades of Green is financially self-sustaining; no taxpayer dollars are used for operations. The hotel expansion was funded by a civilian commercial loan. For more details or to make reservations refer to    http://www.shadesofgreen.org    or http://www.armymwr.com/shades/index.html   or call toll-free 1-888-593-2242.
      The Army Community and Family Support Center in Alexandria, Va., operates the four Armed Forces Recreation Centers as the Defense Department's executive agent. The other three are the Hale Koa Hotel http://www.halekoa.com on Waikiki Beach in Honolulu, Hawaii; the Dragon Hill Lodge http://www.dragonhilllodge.com in the Yongsan area of Seoul, South Korea; and AFRC-Europe  http://www.afrceurope.com   which has Bavarian resorts in Chiemsee and Garmisch, Germany. AFRCs are open to DoD identification card holders in all the active and reserve components, active members of the other uniformed services, active DoD civilians assigned outside the United States, military and DoD civilian retirees, and their families. Also eligible are several other smaller groups, such as Medal of Honor recipients and 100-percent disabled veterans. [Source: U.S. Army Community and Family Support Center news release]

Obesity Discharge Lawsuit Update: Responding to a class-action appeal to a U.S. Court of Federal Claims decision, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., has upheld the pro-rated recoupment of enlistment or re-enlistment bonuses of Bertrand R. Favreau, II, and others listed in the class action suit. The U.S. recouped their bonuses after they were separated from the service for failing to comply with weight control or physical fitness standards. The court found that, while the facts for each member differ slightly, military records uniformly reflect that they:

   (1) received dietary counseling and participated in remedial weight or fitness programs;

   (2) were warned that failure to meet service standards might result in discharge; and

   (3) failed to comply with weight or fitness standards for non-medical reasons. The court affirmed that the subsequent recoupment was not a breach of contract and was considered reasonable and consistent with congressional intent. [Source: Armed Forces News Issue: 10 JAN 03]

Military & Vet Assn Salaries: Military and veterans associations represent the active duty, reserve components, retired military and veterans communities. They have been fighting for their member's benefits and compensation for many years through lobbying efforts, meetings with congressional representatives, and appearance before congressional committees. You should not be surprised to find out the leaders of these organizations get comparable salaries and benefits to corporate executives which can range in the hundreds of thousands of dollars. The IRS requires the national headquarters of each nonprofit association to submit annually a Form 990 which reports the salaries of key officials. If you desire a copy of the Form 990 from the nonprofit association(s) that you belong to give them a call and request it. They may desire the request in writing and there may be a small fee of several dollars. Make sure they send you Part V. If your association declines to send a copy of IRS Form 990 to you, you can request it from IRS at: Internal Revenue Service, Ogden Submission Processing Center, 1973 N. Rulon White Blvd., Ogden, Utah 84201. You may also submit a FAX request to that IRS office at 801-620-7896.
[Source: http://www.pentagonmaverick.com Robert F. Sawallesh article dtd 4 FEB 03]

VA Copay Increase Proposal: The fine print in the President's budget contains some surprises for veterans seeking health care from the Department of Veterans Affairs. For example, veterans whose disabilities are not service connected and who don't pass the "means test" would face a $250 a year enrollment fee. They also would see co-payments for outpatient visits jump 33 percent, from $15 to $20, and find prescription drug co-payments more than doubled, from $7 to $15. (The "means test" kicks in for earnings of $24,600 per year or more if single, $29,576 with one dependent, plus $1,653 for each additional dependent.) Also, long-term nursing home care would be restricted to veterans with a disability rating of 70 percent or greater. [Source: Armed Forces News Feb. 14, 2003]

Congressional Pay: Salaries are subject to federal and, as required, state taxation. Congressional pay for 2003 is:

   * President of the United States - $400,000

   * Vice President of the United States (President of the Senate) and Speaker of the House of Representatives - $198,600

   * President Pro Tempore of the Senate, Majority and Minority Leaders - Senate and House and Cabinet Level Officials - $171,900

   * Senators, Representatives, Resident Commissioner of Puerto Rico, Delegates, deputy secretaries of departments, secretaries of military departments and heads of major agencies -$154,700

Their healthcare insurance, if they choose to use it, is the Federal Employees Health Benefits Program (FEHBP). FEHBP is a premium-based system the premiums of which are shared by the employee and the government. Congressional retirement benefits fall under the same general provisions as other federal employees. For example:

   * Members of Congress began paying into Social Security in 1983, as part of a government-wide pension overhaul. It is a requirement from which one cannot opt out.

   * If elected into office before 1984 they have the option of participating in one of two pension plans: the Civil Service Retirement System (CSRS) or the Federal Employee Retirement System (FERS).

   * If elected after 1984 they are under FERS. Also, they may participate in the government-wide Thrift Savings Plan, which works like a federally managed 401(k) salary reduction plan. FERS participants are entitled to a government match of up to five percent of salary; CSRS participants may set aside part of their own salary, but they do not receive the match.
[Source: Legislative Resource Center, US House of Representatives JAN 03]

New Short Term Enlistment: A new military short-term enlistment program will begin Oct. 1 aimed at expanding the opportunities for all Americans to serve the country. Congress authorized the National Call to Service enlistment option as part of the fiscal year 2003 National Defense Authorization Act. The program would allow the military services a new option to reach a group of young Americans who otherwise might not serve due to the length of traditional enlistment options. The program will work like this: A recruit enlists for the option and incurs a 15-month active duty service obligation following completion of initial-entry training, for a total active duty commitment of about 19 months. Following successful completion of active duty, service members may reenlist for further active duty or transfer to the selected Reserve for a 24-month obligation. Once this is completed, servicemembers may stay in the selected Reserve or transfer to individual ready Reserve for the remainder of their eight-year commitments. For more information, see  http://www.news.navy.mil/search/display.asp?story_id=5496
[Source: NAUS Update 31 JAN 2003]

Education Financing: The Wells Fargo Capital for Knowledge program offers funds to cover all types of education expenses, including tuition, room and board, books, fees and even a personal computer. Loans are available for undergraduate and graduate studies, technical and professional training, private K-12 schools, and education loan consolidation. At  http://www.capital4u.net/  you can access to free online services, such as a college planner, college search, scholarship search and Banking. [Source: NAUS Update for 31 JAN 03]
     Another source of financing information is the National Student Loan Data System (NSLDS) at  http://www.nslds.ed.gov/  This is the U.S. Department of Education's central database for student aid. It receives data from schools, agencies that guaranty loans, the Direct Loan program, the Pell Grant program, and other U.S. Department of Education programs. NSLDS provides a centralized, integrated view of Title IV loans and Pell grants that are tracked through their entire cycle; from aid approval through closure. You can use the web site to make inquiries about your Title IV loans and/or Pell grants. The site displays information on loan and/or grant amounts, outstanding balances, loan statuses, and disbursements.
     Note: This article is only intended to provide information on a source for education financing. It is not an endorsement and readers are encouraged to compare services offered with other sources.

Tricare Spina Bifida Study: A procedure being studied now with DoD involvement may one day help correct or prevent the problems of children born with the debilitating disorder myelomeningocele and spina bifida. In a case of spina bifida, the fetus' spine and spinal canal fail to close properly. In minor cases, that's all that's wrong. In more serious cases, the spinal cord's protective sheath herniates and is affected. In a case of myelomeningocele, the severest form of spina bifida, both the cord and sheath herniate and protrude from the victim's back. Although mild spina bifida is not usually life-threatening, babies born with myelomeningocele typically experience lifelong and sometimes devastating physical disabilities: weakness or paralysis in their lower limbs, numbness, loss of bladder and bowel control, and hydrocephalus (water on the brain), which causes mental retardation. Some children also have skeletal deformation, sexual dysfunction and mental impairment.
     TRICARE recently signed an agreement with the National Institute of Child Health and Human Development, which will permit female TRICARE beneficiaries whose pregnancies are complicated by myelomeningocele to participate in a clinical trial designed to study a new approach [intrauterine surgery] to treatment of this condition. About 100,000 babies are born each year to TRICARE beneficiaries. Statistics show spina bifida appears once in every 5,000 births. During the course of the enrollment period, expected to last 18 months, about 25 to 30 TRICARE beneficiaries may be eligible for enrollment, though there are strict agreement and enrollment criteria. The trial may not be suitable or desirable for all beneficiaries. This is experimental therapy. The child health institute expects that 200 patients nationally will enroll in the trial during the enrollment period that begins in February. The trials will last a few years, while the infants are followed to assess their motor development, and bowel and bladder functions.
     The trials will take place at three medical research centers, the University of California at San Francisco, Vanderbilt University Medical Center in Nashville, TN., and Children's Hospital of Philadelphia. Researchers have found preliminary evidence that shows closing the open defect in the spine through intrauterine fetal surgery, a procedure done while the baby is still in the womb, may correct and possibly prevent some nerve damage and eliminate several abnormalities caused by disorder. There are possible risks involved with the procedure and this study will help to reduce or eliminate them. Current treatment for the birth defect is to deliver the baby by cesarean section at about 36 weeks of gestation and repair the spinal defect at that time. Often many other surgical procedures are required during the life of affected infants.
[Source: NAUS Update for 31 JAN 03 & American Forces Press Service 29 JAN 03]

Hearing Aids: Veterans may be entitled to free hearing aids from the VA if they meet any of these categories:

   * Service connected for hearing loss; ear disease or Tinnitus

   * Service connected - any medical problem at a rating of 10% or more.

   * Former prisoner of war

   * All WWI veterans

     Guidelines have been revised to include any veterans with a 10% or more rating for any problem [including veterans without service-connected hearing loss]. VA must consider the hearing loss in a nonservice-connected ear when rating a service-connected ear when the nonservice-connected ear is 10% or more disabling vice the former total deafness requirement. While federal directives allow for this category of veterans to receive hearing aids, individual VA hospitals/clinics have the right to further determine local policies regarding access to hearing aids for veterans without service-connected hearing loss. Depending upon the availability of services at your local VA facility, you may be required to have a confirmed service-connected hearing loss to receive hearing aids. To obtain clarification of policies in your area, telephone your nearest VA regional office. [Source: Los Angeles AFB Retiree Newsletter Fall 99]
     Tricare does not cover hearing aids except under the Program for Persons with Disabilities applicable to active duty dependents only. Neither are examinations covered unless connected with surgery, some other medical problem, or the well-child care benefit. Medicare provides no coverage either. If your income is limited there may be state assistance in some areas. Contact your state's Veteran Service Office or State Medical Assistance office such as Medicaid.
     DoD has initiated a new program called Retiree-At-Cost Hearing Aid Program (RACHAP) for Air Force and/or Retiree Hearing Aid Purchase Program (RHAPP) for Army/Navy which is available at certain military treatment facilities (MTF). Before traveling to a particular base/post that's listed to participate in a RACHAP/RHAPP program, it is highly recommended that you contact the facility first to ensure the program is still available at that facility. The Military Audiology Association (MAA) has a web site at  http://www.militaryaudiology.org/links.html  that lists several military facilities that offer RACHAP/RHAPP programs. Telephone numbers are also provided. For the Pacific area retirees desiring assistance can call Yokosuka NH, Japan DSN: 243-7316, Okinawa MH Japan Tel: 011816117437616, and Yongsan Korea Tel: 01182296714099. Retirees, not family members, can purchase a hearing aid at government cost, a considerable savings over a commercial purchase. Retirees may also call the nearest MTF to see if the program is available, or where the nearest participating MTF is located. The MTF must have an audiologist on staff to perform the examination and prescribe the appropriate device. Most Navy MTFs participate in RACHAP. Do not be surprised if the following guidelines are required by the MTF to receive services:

   * Veterans who are eligible for hearing aids services through the Veterans Administration will not be seen on the RACHAP program. The VA is funded specifically to address these problems. Your MTF may require written notice that you are not eligible for hearing aids before they will see you.

   * In addition to the statement from the VA declining you services there may be required a statement signed by your physician stating that you are "medically cleared for hearing aid use." This is an FDA requirement. Verbal orders from the VA or your physician are not adequate.

   * The MTF may not be able to provide the required follow-up service to out of state and out of the local area veterans. Often, as many as four appointments are required to complete the fitting process.

   * The MTF might dispense digital aids to those retirees who choose them. Prices can be up to approximately $1300 each for the digital aids and may be in the $500 range for non-digital aids. Not all hearing aids are suitable for all patients. The MTF will assist you as much as possible in making this decision.

The Veterans' Benefits Improvements Act of 2002, established a presumption of service-connection for hearing loss associated with certain
military skills (to be determined by the VA in consultation with the National Academy of Sciences) and authorized compensation for servicemembers who have a rated hearing loss in both ears.
[Source: Hanscom AFB Retiree Newsletter Summer 2001 & Naval Hospital Bremerton ltr, and Milton Bell msg. Dtd 4 FEB 03]

Space "A" U.S. Dependent Travel: in December 2000, the commander of U.S. Transportation Command outlined a dependent travel proposal as a way to improve quality-of-life benefits for military service people and their families. Current regulations prohibit dependents from flying space available within the Continental United States [CONUS]. After review, the Assistant Deputy Under Secretary of Defense approved a one-year test to evaluate the expansion of space-available privileges for dependents traveling within the CONUS. The test will allow dependents of active duty and retired Uniformed Services members to travel within the CONUS when accompanied by their sponsors. The test is scheduled to begin 1 April 2003 and will end 1 April 2004. Dependents will assume the same category of travel as their sponsor. Space-available sign up for this program will be effective 1 April 2003. Retired members may sign up 60 days in advance but no earlier than 1 April 2003. Active duty Uniformed Services members must be in a leave or pass status to register for space-available travel, remain in a leave or pass status while awaiting travel, and be in a leave or pass status the entire period of travel. Information concerning Space-A policy may be obtained by sending an email message to
amc-lgtp@scott.af.mil Do not send email requesting flight information. You must contact a terminal directly for this. For additional information concerning space-available travel and sign-up procedures review the Air Mobility Command public web site at http://amcpublic.scott.af.mil/Spacea/spacea.htm  or contact the servicing DOD air terminal of interest. [Source: AMC News Service]

Tax Exemption for FL Disabled Vets: A new Florida state law increases the exemption from property taxes from $500 to $5,000. The increased exemption applies only to homestead property (the home in which the veteran lives). Many county appraisers' offices have indicated the increase in the exemption will automatically be granted. However, those veterans currently receiving the $500 exemption should contact their county appraiser's office soon if they have not received notification from their appraiser's office. Also, veterans who are not currently receiving an exemption for their service-connected disabilities should contact their county property appraiser's office. Veterans applying for the exemption for the first time will need a letter of certification of their service-connected disability rating from the U.S. Department of Veterans Affairs, or the U.S. Government. The legislation took effect Jan. 1, 2003. Applications for property tax exemptions are due by March 1 of every year. Disabled veterans may apply for the additional exemption at their county property appraiser's office. Call your Florida county appraiser's office, or visit their web site:  http://www.myflorida.com/dor/property Additional information can be obtained at  http://www.floridavets.org/benefits/hmsted.html#partial
[Source: MOAA Benefit Update FEB 03]

IRS Tax on SSA Benefits: Nonresident alien citizens receiving SSA benefits are subject to 30% tax on these benefits if their country of residence is not listed in the IRS exemption tables. The Philippines is one of those not listed. The tax is deducted at source and a refund must be requested if recipients believe they are entitled to one. U.S. citizens and green card holder's [i.e. U.S. resident aliens] are subject to tax on their SS as well as other income in accordance with the tax tables provided for filing IRS Form 1040 if their total income is over the filing threshold.

Resident Alien Qualification:  Under the Immigration and Nationality Act § 101(a)(20), 8 U.S.C. § 1101(a)(20), an alien is considered a permanent resident if the alien has, "been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed". The SSA contends that for tax purposes it is clear that Congress intended an alien to be treated as a lawful permanent resident under section 7701(b)(6) until there has been a formal determination that the status had been abandoned. SSA's position is that if a green card was issued it remains in effect until it is revoked upon an alien's attempt to reenter the U.S. or formerly determined abandoned. Therefore, an alien who comes to the United States so infrequently that, on scrutiny, he or she is no longer legally entitled to permanent resident status, will be a resident for tax purposes.

Entitlement:  Alien citizens can file IRS Form 1040 vice 1040NR if they claim all income regardless of source and meet the IRS green card test. This test states, "You are a resident for tax purposes if you are a lawful permanent resident (immigrant) of the United States at any time during the tax year". In a SSA technical memorandum to the IRS it alleges that refunds are justified for alien individuals as long as their status as a lawful permanent resident has not been revoked or administratively/judicially determined to have been abandoned. That individual may be entitled to a refund of some or all of the tax withheld from his or her social security benefits if -

1.  To the extent required under U.S. law, the individual files a U.S. income tax return for the taxable year as a resident alien and reports his or her worldwide income and,

2.  The individual refrains from claiming any benefits as a resident of another country under an income tax treaty to which the United States is a party and,

3.  The individual's tax liability as a resident alien is less than the amount that was withheld from the individual's social security benefits' and,

4.  The individual has a green card that has been neither revoked nor administratively or judicially determined to have been abandoned.

Green card holders who are having taxes deducted by the SSA from their monthly checks can file a SSA 795 form to have this deduction stopped with their local SSA office or by mail to Social Security Administration, Office of Disability & International Operations, PO Box 1756, Baltimore, MD 21235-0001. The form should state that they consider themselves a U.S. citizen, they have an alien registration card (green card), and it has not been revoked by the INS nor has it been canceled by any court action. The form can be downloaded at http://www.ssa.gov/online/forms.html

Procedure:   If you are a green card holder resident overseas you should make sure SSA classifies you as a US resident for tax purposes. When properly classified no tax will be withheld from your SS benefits and you will be issued a Form SSA-1099 to report your SS benefits income in the appropriate box on Form 1040. As a US resident, you are required to file a US return if your income is over the filing threshold. If you were misclassified as a nonresident for tax purposes you probably had tax withheld on your SS benefits and received a Form 1042-S to report your SS income. You will need to file a Form 1040 to claim a refund for the tax withheld at source, regardless of your income amount. You must report worldwide income and attach a copy of your US green card. If no tax is due you will receive a refund of the tax withheld on the SS benefits. Nonresidents of the US who receive SS benefits may elect to file a joint US tax return with a US citizen or resident spouse. In order to receive credit for the tax withheld at source, when filing a joint return, you should clearly mark the return on the first page "6013(g) Election" and attach a copy of the passport or green card of the US citizen/resident spouse. Following these procedures should eliminate problems with the issuance of appropriate refunds of tax withheld on US social security. However, do not be surprised if you have to submit your request to a tax advocate if it is initially denied.
[Source: SSA Technical Memo PRESP-165857-01 dtd 30 AUG 02, IRS Form 1040NR Instructions, & IRS Paris Consular Alert Filing Procedures]

Laser Eye Surgery: The military services have implemented an active PRK and LASIK eye surgery program to make personnel better at their jobs so they can do their missions more effectively and safely. To date less than one-tenth of one percent of personnel receiving this surgery have had complications. PRK and LASIK eye surgery is best used for nearsighted people, but they also work for farsightedness and astigmatism. The procedures do not work for cataracts or diseased retinas.
     LASIK is the acronym for Laser-Assisted In-Situ Keratomileusis, which means to use a laser to reshape the cornea [the clear covering in the front of the eye] without invading adjacent cell layers. The surgeon cuts a flap in the cornea, leaving a hinge at one end. The flap is pulled back out of the way, and the surgeon then uses a laser to reshape the newly exposed corneal tissue. After the surgery, which takes about one minute, the flap is put back and left to heal. People who have LASIK are very comfortable because the surface of the cornea has not been disturbed and the reshaped tissue is protected once the flap is back in place. They typically see 20/20 within an hour after the procedure. LASIK correction is a permanent change to the cornea that should last you your lifetime. However, there's an enhancement rate that runs around 10 percent. That is, about 10 percent of all surgeries will need a second laser treatments weeks or months down the road to fine-tune the prescription.
     The comfort level isn't the same with the refractive surgery procedure called PRK, or photorefractive keratectomy. There's no flap-cutting, but instead the laser burns right into the surface layers of the cornea. That's similar to having a corneal abrasion. Consequently, patients who have PRK have to wear bandage contact lens over the cornea for about four days after the procedure. With the PRK you do not see real well right off because the epithelium has to heal over the next few days. It can be a little uncomfortable and may require pain medicine but the visual results are the same overall.
     The current policy among the services says that just about any active duty person can have either PRK or LASIK surgery. However, LASIK is strictly disallowed for combat divers and free-fall parachutists. Researchers want to ensure the flap does not create problems in these unique environments before granting routine waivers.

   * The Army has operating laser centers at Fort Hood, Texas; Fort Campbell, Ky.; Madigan Army Medical Center, Fort Lewis, Wash.; Tripler Army Medical Center, Hawaii; Landstuhl Regional Medical Center, Germany; Brooke Army Medical Center, San Antonio, Texas; Bragg; and Walter Reed.

   * The Navy does LASIK surgery at Naval Medical Center San Diego, Calif., and National Naval Medical Center Bethesda, Md. PRK is offered at the naval hospitals in Portsmouth, Va., and Jacksonville, Fla.; Camp Lejeune, N.C.; Camp Pendleton Marine Base, Calif.; and Naval Station Bremerton, Wash.

   * The Air Force performs PRK at Wilford Hall Medical Center, Lackland Air Force Base, San Antonio, Texas; Air Force Academy, Colorado Springs, Colo.; Wright- Patterson Air Force Base, Dayton, Ohio; Keesler Air Force Base, Miss.; and Travis Air Force Base, Calif. LASIK is only done at the Academy and Wilford Hall.

PRK and LASIK are not part of the TRICARE program and are not presently offered to retirees or their dependents at MTF's.
[Source: American Forces Press Service article 14 JAN 03]

Legislation 108th Congress: The 108th Congress has started a flood of new bills affecting Armed Forces and retirees. Many are new versions of bills that died when the 107th Congress failed to act on them. When writing legislators to express your concerns on issues refer to the new bill numbers below:

S-19 to authorize full concurrent receipt of military retired pay and disability payments awarded by the Department of Veterans Affairs; increase funding for veterans' health care programs; eliminate the requirement that patients see a VA doctor before obtaining a prescription; restore income tax deductions for National Guard and Reserve members for military-related travel expenses that are not reimbursed by the government; relax rules for members to qualify for capital-gains tax exclusions when they sell a home; and lengthen filing deadlines for members deployed on peacekeeping operations.

S.55 to tie the yearly rate of Montgomery GI Bill Assistance to the cost of attending a public college or university.

S.56 To restore health care coverage to retired members of the uniformed services. [New Bill]

S.58 and HR.56 to allow military retirees to enroll in the Federal Employees Health Benefit Plan (FEHBP) as an alternative to TRICARE. Retirees who entered service before June 7, 1956 would be exempt from paying FEBHP premiums.

HR.26 to reverse planned Medicare payments cuts and implement a schedule for yearly increases in the rate of Medicare reimbursements to providers.

HR.36 to prevent termination of DIC payments to a surviving spouse who remarries after age 55.

HR.58 and companion bill S-56 to restore health care coverage to retired members.

HR.65 to authorize credits for premiums paid by military retirees for Medicare Part B.

HR.163 and companion bill S-89 to launch a draft of men and women for military or civilian service.

HR217 to ensure that a federal employee who takes leave without pay in order to perform service as a member of the uniformed services or member of the National Guard will continue to receive pay in an amount which will be no less that the basic pay he/she would have been receiving if no interruption in employment had occurred. Referred to Government Reform Committee. [New bill]

HR.303 to authorize full concurrent receipt of military retired pay and VA compensation.

HR.331 to authorize retired pay for Reserve component retirees regardless of age.

H.J.Res.3 to prevent implementation of planned March 1 reductions in Medicare reimbursement rates. It would freeze Medicare payments at the higher 2002 levels until Congress can change the flawed rate formula.

H.J.Res.4 to propose a constitutional amendment authorizing Congress to prohibit the physical desecration of the U.S. flag.
[Source: Armed Forces News 17 JAN 2003, MOAA's Leg Up 17 JAN 03 & EANGUS Update 17 JAN 03]

Chronic Lymphocytic Leukemia (CLL): Based upon a recently released review of scientific studies, Secretary of Veterans Affairs Anthony J. Principi has extended benefits to Vietnam veterans with chronic lymphocytic leukemia (CLL). Compelling evidence has emerged within the scientific community that exposure to herbicides such as Agent Orange is associated with CLL. The ruling means that veterans with CLL who served in Vietnam during the Vietnam War don't have to prove that illness is related to their military service to qualify for Department of Veterans Affairs disability compensation. CLL shares some similarities with non-Hodgkin's lymphoma, which the Institute of Medicine had previously connected to Agent Orange exposure. Principi ordered the development of regulations to enable VA to begin paying compensation benefits once a final rule takes effect. VA will publish further details, when available at  http://www.vba.va.gov/bln/21/benefits/herbicide/  Publication of that regulation is expected in the near future. [Source: VA News Release Jan. 23, 2003]

LIHEAP Update: The Low-Income Heating and Energy Assistance Act [LIHEAP] of 1981 is available to elderly, disabled and low income households that have difficulty meeting their home heating bills. The U.S. Department of Health and Human Service (HHS) which provides state funding for state assistance programs administers the program. The states can assist in a number of ways including direct cash assistance to families and payments on their behalf to fuel vendors such as electric or natural gas companies. In addition, states may offer weatherization, energy-related home repair, and crisis assistance under LIHEAP. About 70% of program funds are expended for heating and winter crisis assistance. The National Energy Assistance Referral [NEAR] project is a free service for persons who want information on where to apply for assistance through LIHEAP. They can be reached by email or by calling [866] 674-6327. Include your city, county and state in your email to energyassistance@ncat.org   [Source: TREA "The Voice" magazine JAN 02]
     President Bush directed HHS to release an additional $200 million for the program which will bring the total available funds for the program to $1.5 billion for LIHEAP in 2003. It is estimated that residential heating oil prices will be more than 20 percent higher than the average of the last five years. LIHEAP has broad support in Congress, and the Senate who have added $300 million for LIHEAP in the 2003 omnibus spending bill
(H J Res 2).  [Source: CQ Daily Monitor Midday Update 1/24/03]

Citizenship - U.S. Military: Active-duty registered immigrant aliens can now apply for U.S. citizenship immediately, thanks to executive order 329 announced July 4 by president Bush. The order grants immediate citizenship consideration to noncitizen members of the U.S. military serving on active duty since Sept. 11th. Previously, noncitizen service members in peacetime could apply to become citizens after three years of service, instead of the usual five years for civilians. A service member needs only one day of honorable active-duty federal service on or since Sept. 11, 2001. Applicants must file INS Form N-426, which verifies dates of honorable military service; and INS Form G-325B, which requires biographical information, fingerprinting and a photograph. For more information, visit the following Web sites:

Army: https://www.perscomonline.army.mil/tagd click "C" in the search index for "Citizenship";

Navy/Marine Corps: http://www.jag.navy.mil/html/OJAGLegal%20AssistHome.htm click "Immigration" button at the top of the screen for table of contents;

Air Force: http://www.afpc.randolph.af.mil/mpf click "Immigration and Naturalization Service" in main window.
[Source: Armed Forces News Issue 24 Jan. 2003]

Tricare OnLine Correction: The Tricare Online web site should read  https://www.tricareonline.com/  vice  www.tricareonlune.com

Vietnam Cross of Gallantry Update: The previous Bulletin article on the Vietnam Cross of Gallantry with Palm award was incomplete. Readers should review the following before taking any action: The Vietnam Cross of Gallantry can be an individual or unit award for bravery in combat. For unit awards the RVN government distinguished between units serving in combat support of the Republic and in civic action support (or both) awarding the RVN Cross of Gallantry with Palm, Unit Citation to combat units and the the RVN Civic Actions Honor Medal, First Class, Unit Citation to logistic units. According to the Department of the Army General Order DA GO 8 1974 the Vietnam Gallantry Cross Unit Citation with Palm was awarded to Headquarters U. S. Military Assistance Command (MACV) and all its subordinate units during the period 8 FEB 1962 to 28 MAR 1973. All military personnel who were assigned to units serving in-country Vietnam during this period were considered assigned to MACV and its subordinate units, regardless of service or component. Under DA GO 43 1970 the Vietnam Cross of Gallantry was awarded to all military personnel of all branches who served in-country Vietnam between 1 MAR 1961 and 28 MAR 1973 and to U.S. Army Vietnam and its subordinate units for the period 20 JUL 1965 to 28 MAR 1973. Both of these DAGOs should be listed in Army Pamphlet 672-3 which contains all units specifically cited and is the guideline used by NPRC for making corrections to DD-214s.
     This is a foreign award that was issued by the Army of South Vietnam. When awarded to U.S. military personnel it was awarded with Silver Star (the equivalent to the US Army Silver Star) or with Bronze Star (equivalent to the US Bronze Star). It is also the equivalent of the French Croix de Guerre. When awarded to units it was always with Gold Palm. As with U.S. unit awards all personnel in the unit during the period of action for which the award is given may wear the award at all times. Individuals not in the unit during the designated period can wear the award only while assigned to the unit. As a foreign decoration the Vietnamese Cross may not be worn until the award is approved by the US Department of State. That approval is then passed to the Department of Army and a General Order for the award is published [i.e. DA GO 43 1970 & DA GO 8 1974]. If you never received a medal, ribbon, or certificate it cannot be reissued by NPRC since this is a foreign award. However, amended discharge papers (DD-215) can be issued if the citation is not listed on your DD-214. If you want to confirm your eligibility you can request an amendment by submitting a Standard Form 180 (SF-180) to the National Personnel Records Command (NPRC). This form can be downloaded at http://www.fra.org/links    http://members.aol.com/forvets/htomr.htm   or   
http://www.archives.gov/facilities/mo/st_louis/military_personnel_records/standard_form_180.html
     Veterans who cannot access the Internet may call 1-800-FRA-1924 to request the form. Further information is also available from your local VA office.
     Any individual who wants to have their awards and decorations reviewed and a replacement (one-time) set issued can write to: NPRC, 9700 Page Avenue, St Louis, MO 63132-5000. Upon receipt NPRC will access the appropriate records, attach the request, and send the case to AFPC to work. Include name, Service Number, SSAN, inclusive dates in the service, DD Forms 214 if available, and current mailing address. Ask that the records be reviewed for additional unit or individual awards and decorations not reflected on the DD Form 214, correction of the DD Form 214, and issuance of a complete replacement set of awards and decorations if desired. Veterans should expect to wait at least four-six months for a response. Any request for changes to a DD Form 214 should be accompanied by the necessary documents to substantiate the claim. Questions regarding Air Force awards/decorations can be emailed to Georgia.Wise@randolph.af.mil Queries on verification cannot be answered unless your request was previously submitted in writing with the requester's signature to NPRC.
     Many vets never received their Vietnam Cross of Gallantry who were eligible. The medal and ribbon can be viewed at http://www.campeagle101.com  A certificate suitable for framing can be purchased for a fee at  CampEagle101@aol.com
[Source: Armed Forces News 3 JAN 03, FRA News-Bytes 0 JAN 03, VWV President Claire Starnes  http://www.campeagle101.com  & http://members.aol.com/bn61st/vcg.htm ]

Academy Life Insurance Refunds: As part of a $160 million settlement to avoid federal prosecution for defrauding service members, Academy Life Insurance Co. has agreed to no longer sell policies on U.S. military installations. It also has agreed to add 6.5 percent to the face value of any policies still in force, and to provide refunds to those who canceled policies between 1991 and 1998. Furthermore, the company promised to trace down service members who bought and later canceled policies. The company, formerly affiliated with the Non Commissioned Officers Association, admitted no wrongdoing in settling charges that had included fraud, false statements and misrepresentation. As a result of the situation, Defense officials have stated that they will tighten up on-base solicitations early this year. In addition, a joint-service coordinating council will be established as a clearing house for information about individuals and companies that violate base access rules.
[Source: Armed Forces News 3 JAN 03]

VA Nursing Home Eligibility: The Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA) has reissued the eligibility requirements for nursing home care, and clarified Nursing Home Care eligibility and the definition of 70 percent service-connected (SC) disability rating.
     Public Law 106-117 (The Veterans' Millennium Health Care and Benefits Act) amended the VA statutory authority for providing nursing home care to eligible veterans. This included tasking the VA Secretary to ensure that the staffing and level of extended care services provided nationally in VA facilities during any fiscal year is not less than the staffing and level of such services provided nationally in VA facilities during Fiscal Year 1998. The VHA implemented the provisions of Public Law 106-117 as set out below:

(1) VHA will provide nursing home care either directly or through contracts when clinically indicated to:

   * veterans who needs nursing home care for a Service Connected disability

   * veterans who have a combined SC disability rating of 70 percent or more, is rated 60 percent SC and unemployable, or is rated 60 percent SC and Permanent and Total Disabled (P&T).

(2) VHA may provide nursing home care based on available resources, either direct or through contracts, when clinically indicated to all other eligible veterans who need nursing home care.

(3) Patients will be placed in Home and Community-Based Care (HCBC) when clinically appropriate and patients receiving VA Nursing Home or Community Nursing Home (CNH) care will be transferred to appropriate assisted living or home and community-based care settings when nursing home care, at any level, is no longer clinically indicated.

(4) VA facilities will determine the need for nursing home care based on a comprehensive interdisciplinary clinical assessment.

(5) After admission to a VA Nursing Home Care Unit (VA NHCU), veterans described in paragraph (1) may not be transferred or discharged from a VA Nursing Home unless:

   * The patient no longer needs any nursing home care; or

   * The patient, or the patient's designee, has given informed consent to the discharge or transfer.

(6) VA NHCUs will admit, as a matter of firm priority, patients who meet the following clinical and/or programmatic criteria:

   * post-acute patients

   * patients who cannot be adequately cared for in CNH or HCBC, and

   * those patients who can be cared for more efficiently in VA NHCUs.

(7) All VA facilities will maintain an active CNH Program.

NOTE: Nothing in this VHA Directive may be construed as authorizing or requiring that a veteran who was receiving nursing home care in a VA Nursing Home on November 30, 1999, be displaced, transferred, or discharged from the VA Nursing Home Care Unit.
[Source: MOAA's Benefits Information Update for January 2003]

Military Capital Gains Tax Exemption: The Navy Times reports that the Internal Revenue Service (IRS) recently issued a new policy allowing military personnel who sell a home before living in it for two of the past five years to qualify for a capital-gains tax exemption. Under the Taxpayer Relief Act of 1997 military homeowners must live in a home for a minimum of two years to qualify for a tax exemption of up to $250,000 for an individual and $500,000 for a couple. However, service members can now qualify for prorated exemptions without fulfilling that obligation if they are forced to move 50 miles or more from their residence by government orders. Exemption amounts will be based on how much of the two-year residency requirement has been met. The only requirement is that the home sale must have occurred on or after 7 May 1997, when the law took affect. Congress considered a bill addressing this tax inequity last year. However, that legislation, which also excluded from taxation the death gratuity payment of $6,000; plus monies received under the Military Housing Assistance Program and other issues, ultimately died in the 107th Congress. [Source: FRA News-Bytes 9 JAN 03]

Pregnancy Discharge: Female veterans who feel they were wrongly discharged from service because of pregnancy or have a grievance on how their pregnancy was handled while in service should contact the FIFTH AMENDMENT WAC's organization at  Amendment5WACs@aol.com Additional information on the subject can be found at  http://amendment5wacs.homestead.com   The goal of the organization is to right the wrongs of involuntary discharge through legislation and they are seeking to make contact with former service women who had similar experiences.
[Source: Fifth Amendment WACs Msg dtd 1 JAN 03]

VA Medicare Subvention: VA Secretary Anthony Principi has announced effective 17 JAN 03 that because demand by non disabled veterans has far outstripped the VA's funding capacity, the VA will bar enrollment of any new "category 8" veterans, at least for the rest of this year. These are non disabled veterans who have incomes above the threshold that qualify them as indigent, depending on where they live. The suspension of category 8 enrollments will affect about 164,000 veterans expected seeking enrollment this year. Since 1996, VA enrollment has increased from 2.9 million to 6.8 million today. All veterans currently enrolled - including those in category 8 - are "grandfathered" in the VA health care system. Category 8, which was established under the VA Health Care Enhancement Act of 2002, includes veterans, without service connected-disabilities with incomes above a means tested threshold based on the HUD geographic index, normally $30,000 to $35,000. The new Category 8 is similar to the old Category 7 that was created when VA enrollment was opened to all in 1996. Enrollment will remain open this year to all new category 1 to 7 veteran applicants.
     He tempered that declaration by announcing that he has worked out a deal with Medicare officials and the White House to credential VA facilities as Medicare HMOs and use that route to bring some Medicare-eligible category 8 veterans back into VA care. Under this concept, known as Medicare subvention, Medicare would pay the VA for enrolling these older veterans. Medicare HMO plans provide care under Medicare contracts. The VA would offer a prescription drug benefit as part of the plan. VA officials say no law change will be required to implement the new system, but it will take some time to work out the details, including how the VA will meet Medicare access standards. The HMO plan will be phased in over time, as facilities are able to meet those standards. Category 8 veterans who want to enroll will have to have both Medicare Part A (inpatient) and Part B (outpatient) coverage. [Source: MOAA Leg Up 17 JAN 03]

1099R/1042S/W2 Update: Service members, military retirees and annuitants can find their account statements and tax information online via the Defense Finance and Accounting Service's myPay, a secure online system. Active-duty and reserve members can view and print current-year W-2s, while retirees can view and print their account statements.
     Annuitants can view and print their account statements, their 1099R tax statements, and their 1042S tax statements. They also can print copies of their reports of existence and submit them. Service members, DoD civilian employees, military retirees and annuitants can use their Social Security numbers and personal identification numbers to log onto myPay at https://mypay.dfas.mil For questions about myPay, call customer support at (800) 390-2348 Monday through Friday 7 a.m. to 7:30 p.m. EST [Source: Armed Forces News 2 JAN 03]

VA Means Test Thresholds 2003: Current law requires VA to increase the Means Test Threshold amounts by the same COLA percentage made to other VA compensation and pension payments. The new rates were announced in VHA Directive 2002-081, with an effective date of 1 January 2003. The Means Test Thresholds are used to determine a veteran's eligibility for free VA health care for nonservice connected medical conditions and have two definitions:

   * Below the Means Test Threshold is defined as those veterans whose attributable income and net worth are such that they are unable to defray the expenses of care and therefore are not subject to co-payment charges for hospital and outpatient medical services.

   * Above the Means Test Threshold is defined as those veterans whose attributable income and net worth are such that they are able to defray the expenses of care and must agree to pay a co-payment for hospital care and outpatient medical services.

The following are the 2002 Means Test Threshold. The amount of the threshold is increased beginning with the second dependent is $1,653.

   * Veterans with no dependents: Below Means Test Threshold: $24,644 - Above Means Test Threshold: $24,645

   * Veterans with one dependent: Below Means Test Threshold: $29,576 - Above Means Test Threshold: $29,577

Contact a VA representative at the toll free number 1-800-872-1000 for more information about the VA Means Test and how it may apply to you. [Source: NAUS Weekly Update 20 DEC 02]

BCAC Program: The BCAC program is a Congressionally mandated initiative, implemented by the TRICARE Management Activity to improve customer service, satisfaction, enhance beneficiary education, and help reduce the volume of Congressional inquiries from beneficiaries. The FY2000 National Defense Authorization Act mandated the establishment of Beneficiary Counseling and Assistance Coordinator positions, full time at Lead Agent offices and collaterally at Military Treatment Facilities world-wide. BCACs act as a preventive mechanism for trouble-shooting TRICARE and Military Health System issues and concerns. A directory of coordinators at http://www.tricare.osd.mil/beneficiary/beneficiary/listall.cfm  can assist you in contacting the BCAC most convenient to your location and is continuously updated to ensure the highest level of accuracy for the end users. [Source:  http://www.tricare.osd.mil  21 DEC 02]

Vietnam Cross of Gallantry: Veterans who served in Vietnam between 1 MAR 61 and 29 MAR 73 are eligible to receive the Vietnam Cross of Gallantry with Palm Award. Vietnam veterans whose DD-214's do not reflect the award may receive government acknowledgement of this medal by requesting a DD-215 from the National Records and Personnel Center using a standard SF-180 form. The SF-180 form is available at
http://members.aol.com/forvets/htomr.htm or http://www.archives.gov/research_room/obtain_copies/veterans_service_records.html
[Source: The Old Breed News OCT 02]

Tricare Online: Tricare Management Activity [TMA] now has a website that links DoD beneficiaries, managers, and health care providers with an array of interactive features. At  https://www.tricareonline.com/  beneficiaries can have access to:

   * Their personal health journal
   * A Medical Dictionary
   * Diagnostic and Surgical Procedures
   * A symptom checker
   * A prescription checker
   * The latest scientific information and evidence on natural remedies and their uses
   * The positive and negative ways in which herbs and supplements can interact with prescription medications
   * Health conditions and illnesses
   * 18 million pages of consumer health information
   * Disease management tools
   * Tricare benefits and claims information
   * TRICARE dental programs
   * Online appointment scheduling with their primary care managers [Prime & Plus users only]

Planned for inclusion in 2003 is online capability for:

   * Prescription refills and renewals
   * Routine tests requests
   * Scheduling a broader range of specialty and clinic appointments [Prime & Plus users only]
   * Limited patient to provider email [Prime & Plus users only]

[Source:  https://www.tricareonline.com/ 28 DEC 02]

SHAD Update 1: Since DoD began investigating the operational shipboard hazard and defense [SHAD] tests in September 2000, it has released fact sheets on 42 of the 46 shipboard and land-based tests. The Deseret Test Center test known as "High Low"
(see  http://www.deploymentlink.osd.mil/pdfs/high_low.pdf ) was among the most recent fact sheets released in October 2002. High Low involved four ships - USS Berkely, USS Fechteler, USS Okanogan, and USS Wexford County. Classified test documents reviewed by DoD stated that the test took place between January 11 and February 26, 1966, off the coast of San Diego, California. That information was included in the High Low fact sheet. However, four crewmembers of the USS Berkely reported that their ship was off the coast of Vietnam between January 11 and February 26, 1966. Based on the veterans' reports, DoD investigators reviewed the ship's logs and confirmed the sailors' recollections. The USS Berkely was in fact in the Gulf of Tonkin in January and February 1966. The four ships' logs showed that High Low test was actually done in January and February 1965. The 1966 date in the Deseret Test Center's final test report appears be a clerical error. Changes in crewmembers' status, based on the corrected dates, will be determined and provided to the VA who will notify crew members of any change.
     DoD Web site http://www.deploymentlink.osd.mil/current_issues/shad/shad_chart/shad_chart_6.shtml is where all declassified SHAD test information is posted. The following corrected dates for High Low are now listed on that web site:

     USS Berkeley: February 8-11 and 15, 1965
     USS Fechteler: February 23-26, 1965
     USS Okanogan: January 25-28, February 1-2, 1965
     USS Wexford County: January 11-15 and 18-19, 1965

The purpose of the High Low test was to assess the vulnerability of ships to an enveloping cloud of nerve agent. Methylacetoacetate was used to simulate sarin &SHY; the chemical warfare agent sarin was not used in the test. Acute exposure to methylacetoacetate has been associated with irritation of the skin, eyes, respiratory tract, and digestive tract. There is no scientific evidence of long-term or late-developing health effects. Also, according to test documents, the ships' crews and civilian test personnel were instructed in the use of protective masks, and personnel directly exposed to significant quantities of methylacetoacetate wore masks. Veterans who believe they were involved in Deseret Test Center tests and desire medical evaluations should call the VA's Helpline at (800) 749-8387. Veterans who have DoD related questions, who have information to contribute or who are DoD beneficiaries and have medical concerns or questions, should call DHSD's contact center toll-free at (800) 497-6261. [Source: December 31, 2002 - WASHINGTON (DeploymentLINK)]

VA Enrollment Priority Categories: Veterans seeking VA medical care will be enrolled under the following priorities to receive treatment:

Priority Category 1. Veterans with service-connected disabilities rated 50% or more disabling

Priority Category 2. Veterans with service-connected disabilities rated 30% or 40% disabling

Priority Category 3.

   * Veterans who are former POWs

   * Veterans awarded the Purple Heart. [Note: The Veterans Millennium Health Care and Benefits Act placed veterans awarded a Purple Heart in enrollment priority group 3 for VA medical care. The law also exempted them from co-payments associated with VA care. The VA has ordered that such veterans be reimbursed for any co-payments that they paid on or after November 30, 1999. Eligible veterans may submit documentation, such as DD-214s, service records, orders of award, or the certificate, for inclusion in their VA health records.]

   * Veterans whose discharge was for a disability that was incurred or aggravated in the line of duty

   * Veterans with service-connected disabilities rated 10% or 20% disabling

   * Veterans awarded special eligibility classification under Title 38, U.S.C., Section 1151, "Benefits for individuals disabled by treatment or vocational rehabilitation"

Priority Category 4. Veterans who are receiving aid and attendance or housebound benefits or who have been determined by VA to be catastrophically disabled

Priority Category 5. Veterans who are:

   * Nonservice-connected veterans and noncompensable service-connected veterans rated 0% disabled whose annual income and net worth are below the established VA Means Test thresholds. This includes veterans receiving VA pension benefits and veterans eligible for Medicaid benefits.

Priority Category 6. Eligible veterans who are not required to make co-payments for their care including:

   * World War I & Mexican Border War veterans

   * Veterans solely seeking care for disorders associated with: exposure to herbicides while serving in Vietnam; or exposure to ionizing radiation during atmospheric testing or during the occupation of Hiroshima and Nagasaki; or for disorders associated with service in the Gulf War; or for any illness associated with service in combat in a war after the Gulf War or during a period of hostility after November 11, 1998

Compensable 0% service-connected veterans Priority Category 7. Veterans who agree to pay specified copayments with income and/or net worth above the VA Means Test threshold and income below the HUD geographic index effective retroactively to October 1 2002.

   * Subpriority a: Noncompensable 0% service-connected veterans
   * Subpriority c: Nonservice-connected veterans

Priority Category 8. Veterans who agree to pay specified copayments with income and/or net worth above the VA Means Test threshold and above the HUD geographic index.

   * Subpriority a: Noncompensable 0% service-connected veterans
   * Subpriority c: Nonservice-connected veterans

[Note: The VA Health Care Programs Enhancement Act, signed into law in JAN 2002, required VA to create a new category of veterans that takes into consideration the high costs of living in many parts of the U.S.. Veterans in the new Priority Category 7 must have incomes that exceed VA's national income threshold ($24,644 in 2003 for a single veteran, $29,576 for a veteran with a single dependent) but are below a geographically based income threshold set by HUD for public housing benefits. Information about the HUD threshold is available at http://www.hud.gov/renting/phprog.cfm All other veterans who previously were in Priority Group 7 where reassigned to the new Priority Group 8.      Medical Care IS NOT authorized for your dependents. If you are rated 50 percent or higher for service connection or currently receiving payments for vocational rehabilitation, the VA will provide all of your medical care in the states. Vocational rehabilitation recipients receive dental care. Copayments apply for non-service connected treatment for categories 2 through 8. Call your nearest VA healthcare facility for specific enrollment requirements. They can be located in the in the blue pages of the telephone book under government offices.
[Source: VA News Release 26 DEC 02 & VA Enrollment Priority Groups Health Care Fact Sheet]