This bulletin update contains the following articles:

Tricare User Fee Update 05 (Increase details.)
Tricare User Fee Update 06 (Proposal reactions.)
VA Budget 2007 (Insufficient.)
Tricare Uniform Formulary Update 08 (8 more to 3rd Tier.)
VA Panel Hearing Change Update 01 (Minor improvement.)
Military Funeral Disorderly Conduct (300 foot restriction.)
Photography Franchise Offer (Contest for vets.)
WRAMC Amputee Facility (Waiver allows opening.)
Disabled Veterans Memorial ($65 million needed.)
Mobilized Reserve 8 Feb 06 (5000+ decrease.)
Purple Heart Stamp (Not discontinued.)
VA Priority Categories Update 01 (263,257 turned away.)
Disabled Retiree Back Tax (3 years refund limit.)
VA Health Care Funding Update 03 (Budget process flawed.)
Honor Guard Restriction (Statute restricts support.)
Disability Retirement Update 02 (Discharge parameters.)
Dextromethorphan AAFES Sales (Limitation on sales.)
Tricare Pharmacy Paper Claim (Paper trail to end.)
VA Claims Assistance Update 02 (Secondary claims.)
Foreign Service Officer Exam (Second career option.)
VA Help Lines (Get second opinion.)
VA Nasopharyngeal Radium Therapy (Head/neck cancer cause.)
Texas Veterans Homes (6 online - 1 to go.)
Parentage (How to verify.)
SSA Change of Address (How to accomplish.)
Kentucky Military Legislation (Senate passes 3 bills.)
Green Card Lottery (90,000 selected for 2006.)

Tricare User Fee Update 05: Military association representatives were recently briefed by DoD on the exact details in their FY 2007 budget proposal of the proposals affecting out-of-pocket costs paid by military beneficiaries. These officials shared the rationale for the increased enrollment fees, TRICARE Standard deductibles, and pharmacy co-payments, aimed primarily at the 3.1 million military retirees under age 65, their families, and survivors. It was emphasized the increases were needed to sustain the benefit in the future for those who had earned it. They highlighted recent expansions in the benefit and stated that beneficiary costs needed to be brought in line both with increases in civilian plans and with the original division of costs when TRICARE began. In 1995 beneficiaries paid 27% of the total health care costs, but are paying only 12% today. They noted there has been no change in TRICARE premiums in the past 10 years, even as the DoD health care budget has doubled in the past 5 years, going from $19 billion in FY 2001 to $38 billion this year. Internal efficiencies, they claimed, are not enough to stem the tide of rising health care costs. They stated that beneficiary behaviors also needed to change, but acknowledged the Department needed to give a higher priority to preventive health programs after association representatives noted that preventive health programs such as smoking cessation are not TRICARE benefits. As part of the FY 2007 budget proposal, DoD is seeking the following changes:

Create a three-tier TRICARE Prime enrollment fee system and increase these fees substantially in FY 2007 and FY 2008, before setting future increases to average changes in the Federal Employees Health Benefits Plan (FEHBP). Currently all retirees under the age of 65 pay the same annual enrollment fee for TRICARE Prime: $230 for an individual and $460 for a family.

• Retired junior enlisted members (E-6 and below) would see Prime enrollment fees increase to $275 for an individual and $550 for a family in FY 2007 and $325 and $650 in FY 2008.
• Prime enrollment fees for retired senior enlisted (E-7 and above) members would increase to $350 and $700 in FY 2007 and $475 and $950 in FY 2008.
• For retired officers, Prime enrollment fees would increase to $500 for an individual and $1,000 for a family in FY 2007 and $700 and $1,400 in FY 2008, more than triple the current annual fee.

Create a first-time-ever enrollment fee for TRICARE Standard, the basic health care benefit to which military servicemembers, retirees, their families, and survivors are entitled. The annual fee would only be charged to retirees under age 65, their families, and survivors.

• In FY 2007, retired junior enlisted members in Standard would pay $75 for an individual and $150 for a family. In FY 2008, they would pay $140 and $280.
• Senior enlisted retirees in Standard would pay $100 for an individual in FY 2007 and $200 for a family and $200 and $400 in FY 2008.
• Standard enrollment fees for officer retirees would start at $150 and $300 in FY 2007 and rise to $280 and $560 in FY 2008.

TRICARE Standard annual deductibles would also increase in two tiers over the next two years from the current $150 for an individual and $300 for a family.

• For all retired enlisted members, they would rise to $175 and $350 in FY 2007 and $185 and $370 in FY 2008.
• For retired officers, deductibles would increase to $225 for an individual and $450 for a family in FY 2007 and $280 and $560 in FY 2008. Thus, under this plan, an officer retiree and family would pay an enrollment fee of $560 and then have to pay out of pocket to meet the $560 deductible before DoD would begin paying anything for the benefit they earned.

Change pharmacy co-payments slightly for all beneficiaries, except active duty servicemembers who pay no co-payments. Medications obtained in military hospitals and clinics would remain free. The co-payment for generic medications obtained through the TRICARE Mail Order Pharmacy (TMOP) would be eliminated (it is currently $3 for a 90-day supply) and the co-payment for brand-name and the third-tier (non-formulary) drugs would remain $9 and $22 for a 90-day supply obtained through the TMOP. The elimination of the mail order co-payment for generic drugs is one way DoD hopes to persuade more beneficiaries to use the TMOP rather than retail pharmacies. Co-payments for generics in the retail pharmacy will increase to $5 for a 30-day supply and $15 for a 30-day supply of a brand-name. The third tier price of $22 would remain the same. Under DoD's proposal the following will remain the same:

• The catastrophic cap of $1,000 per year for active duty family members and $3,000 for retirees. The catastrophic cap is the maximum out-of-pocket amount beneficiaries must pay in one year for covered costs.
• TRICARE Prime co-payments for retirees will remain at $12 per medical visit. There are no co-payments under Prime for active duty members and their families.
• No cost changes for TRICARE for Life beneficiaries other than the increases in retail pharmacy co-pays.
• No co-pays for medications obtained in military hospital and clinic pharmacies.

DoD will have to seek legislative approval from Congress for what will probably be the most controversial of its proposed changes. While it has the authority to increase TRICARE Prime enrollment fees and pharmacy co-pays, it will need permission from Congress to create the tiered system and institute the TRICARE Standard enrollment fee.

[Source: NMFA eNews 7 Feb]

Tricare User Fee Update 06: The former USN Surgeon General of the Navy spoke out on the SECDEF's testimony before the Senate Armed Services committee 7 FEB regarding the Defense Health Program. His response pretty well sums up why the less than 65 retirement community is being singled out in the proposed Tricare increases. VADM Koenig wrote: "The problem with SecDef's testimony and what the Department is requesting is that virtually all of their re-balancing effort is being done out of the wallets of a single beneficiary group - retirees and their families under age 65. The trap DOD is in is that retirees under 65 are the only group that they can do this to. The 24-star letter signers won't let them do it to active duty families because it will hurt recruiting and retention. Congress won't allow DOD to hit the over-65's with a premium beyond part B for TFL because it was Congresses way of fixing the "broken promise." So Rumsfeld is stuck, he has no where to turn but to those retired and their families who are under 65. Another interesting revelation in his testimony, and I do not believe he wanted it to be quite this transparent, is where he talks about employers telling people to go use their Tricare benefit. He acts as if this is wrong. What is wrong with people using the benefit they were promised, earned and are entitled to? "Harold M. Koenig, MD Vice Admiral, Medical Corps U.S. Navy, Retired"

Military Personnel Subcommittee Chairman Sen. Lindsey Graham(R-SC) appeared to support DoD's initiative at the Senate Committee hearing. Testimony before the House Armed Services Committee on 8 FEB drew a far more chilly response than their Senate counterparts. Military Personnel Subcommittee Chairman John McHugh (R-NY) and others criticized the fee increases and questioned not only the department's savings calculations, but also questioned whether they would be actualized. McHugh indicated he had questions about the morality of imposing such large fee increases for the purpose of achieving budget savings by driving people not to use the health benefits they earned through a career of military service.

According to MOAA's analysis of the situation a great deal of the Pentagon's concern over rising health care costs involves the nearly $9 billion annual deposit to the TRICARE For Life trust fund that the Administration wrongly counts against the defense budget. Two years ago, when Defense leaders said the Administration was making them take this deposit out of hide at the expense of other Defense programs, the Armed Services Committees acted to change the law to shift that deposit from the Defense budget to the U.S. Treasury budget. The clear intent was that TFL expenses weren't to come at the expense of other readiness needs. Congress passed that provision as part of the FY2005 Defense Authorization Act (Public Law 108-375). But the Office of Management and Budget has since conspired with the budget committees to flout the clear letter of the law and continue to charge the deposit against the defense budget. That's why the Administration has wrongly forced the Joint Chiefs of Staff to choose between retiree health funding and weapons programs. It's a false and inappropriate choice. If the Administration obeyed the law, the debate wouldn't be necessary.

[Source: Brig Gen R. Clements USAF (Ret) msg 9 Feb & MOAA Leg UP 11 Feb 06 ++]

VA Budget 2007: Secretary of Veterans Affairs James Nicholson announced 6 FEB that President Bush will seek a record $80.6 billion in the fiscal year 2007 budget for the Department of Veterans Affairs (VA). The overwhelming majority of the resources are targeted for health care and disability compensation. The FY 2007 proposal represents an increase of $8.8 billion, or 12.2%, above the budget for 2006. The FY '07 budget proposal calls for $38.5 billion in discretionary funding, mostly for health care. For health care alone, the President's request is an increase of $3.5 billion (or more than 11%) over the FY 2006 level. The budget proposal also would provide $42.1 billion in mandatory funding, mostly for compensation, pension, and other benefit programs. The budget request still relies on $1.1 billion in cost-saving efficiencies. It appears to table long-needed construction dollars, particularly in the area of grants for state veterans homes and leaves CARES (Capital Asset Realignment for Enhanced Services) under-funded. It takes a $13 million bite out of VA research and fails to provide sufficient funds for staffing and training in the Veterans Benefits Administration to address a claims backlog fast approaching one million.

The budget proposal recycles two provisions from last year. In an effort to help the VA care for those veterans who count on it the most (those with service-connected disabilities) the VA is again asking non-disabled, higher income veterans (Priority 7 and 8 veterans) to pay a $250 annual enrollment fee and higher pharmacy co-payments (from $8 to $15). Priority 7 and 8 veterans were not eligible to receive VA medical care at all, or only on a case-by-case space available basis, until 1999 when new authority allowed VA to enroll them in any year that resource levels permitted. VA officials state these veterans typically have other alternatives for addressing their medical care costs, including third-party health insurance coverage, TRICARE, or Medicare, and thus believe it is acceptable to ask Priority 7 and 8 veterans to assume a modest share of the cost of their care. Secretary Nicholson stated that under no circumstances will a veteran make a co-payment of any kind for the treatment of a service connected condition.

A chart in the President's budget request anticipates reducing the number of vets who can use VA healthcare services by approximately 1.2 million in Priority Groups 7 and 8 in 2007 through implementation of enrollment fees and higher copays. The request assumes an increase in third-party collections from insurance companies to $2.8 billion. The administration's 2006 estimate for third-party collections was just over $2 billion. These estimates may be overly ambitious since the VA had $3 billion in uncollected debt as of early 2005. The budget request is intended to provide the resources necessary to make servicemembers' transition from active duty military status to civilian life is as smooth and seamless as possible. Men and women still on active duty should find it easier to access VA benefits when they near the end of their military service because of a program that allows early application for disability claims and other benefits. Additional info on the budget proposal can be found here.

[Source: VA Press Release & NMFA eNews 7 Feb 06 ++]

Tricare Uniform Formulary Update 08: On 15 FEB 06 several drugs will move to the third co-payment tier of $22 for a 30 day supply at network retail pharmacies and $22 for a 90 day supply through the mail order pharmacy. Third tier drugs are not available at military treatment facility (MTF) pharmacies unless the prescription has been written by an MTF provider and medical necessity is established. The drugs moving to the third tier are:

• Alpha 1 Blockers (for prostate hypertrophy): Flomax
• ACE Inhibitor/Diuretic (for high blood pressure): Accuretic, Uniretic
• ACE Inhibitor (for high blood pressure): Aceon, Accupril, Quinapril, Altace, Univasc

A summary of medications which have been moved to third tier status can be found here.

For more information on the Uniform Formulary and drug tiers, go here.

[Source: NMFA eNews 7 Feb 06 ++]

VA Panel Hearing Change Update 01: House Veterans Affairs Committee Chairman Steve Buyer (R-IN), who recently unleashed a torrent of criticism from veteran service organizations (VSOs), has reversed his original decision and extended from 3 minutes to 30 minutes the amount of time VSOs may have to present testimony regarding legislative priorities. Testimony from VSOs on the President's budget request and proposed policy initiatives however, will still be limited to ten minutes, a restriction which all the VSOs consider to be totally inadequate and counterproductive. VSOs reacted angrily when Chairman Buyer last November decided to do away with a decades-long tradition in which veterans groups presented their legislative agenda to a joint meeting of the House and Senate Veterans Affairs Committees.

[Source: VetJobs Veteran Eagle Newsletter 1 Feb 06]

Military Funeral Disorderly Conduct: Iowa has passed an Act relating to committing disorderly conduct near a military funeral, memorial service, funeral procession, or burial, and providing penalties. Specifically it states a person shall not do any of the following within 300 feet of the building or other location where a military funeral or memorial service is being conducted, or within 300 feet of a military funeral procession or burial:

• Make loud and raucous noise which causes unreasonable distress to the persons attending the funeral or memorial service, or participating in the funeral procession.
• Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
• Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession, or burial.

A person who commits a violation of above within 30 minutes preceding, during, and within 30 minutes after a military funeral, memorial service, funeral procession, or burial is subject to:

• A simple misdemeanor for a first offense which is punishable by confinement for no more than 30 days or a fine of at least $50 but not more than $500 or by both.
• A serious misdemeanor for a second offense which is punishable by confinement for no more than one year and a fine of at least $250 but not more than $1,500.
• A class "D" felony for a third or subsequent offense which is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.

Nebraska, Kentucky, Indiana and Missouri have passed similar bills in their house, but approval is waiting for their senate's action. That leaves 45 states lacking in similar legislation.

[Source: POVA VSO msg 26 Jan 06]

Photography Franchise Offer: TSS Photography, a youth photography franchise formerly known as The Sports Section, has announced it will award a franchise territory worth $20,000 to a retired or honorably-discharged member of the Armed Forces. The 250,000-population territory can be anywhere in the country where TSS Photography does not have a current franchise. The winner will receive the franchise territory, plus $5,000 in equipment and three nights at the TSS Photography Convention Hotel for training and public relations support for their opening...for a total value of $30,000. Candidates must submit an essay focusing on what their service to America has meant to them, why they would be an excellent franchise owner and why TSS Photography would be their franchise of choice. The essay should demonstrate previous entrepreneurial ambition, and dedication or commitment to their communities through activities such as involvement in local organizations, donations to charitable causes, or youth outreach. For additional information refer to http://www.tssphotography.com.

[Source: Armed Forces News 20 Jan 06]

WRAMC Amputee Facility: Construction is expected to begin this spring on a state-of-the-art rehabilitation facility for amputee Soldiers at Walter Reed Army Medical Center even though the venerable military hospital is scheduled to close in five years. The $10 million Military Amputee Training Center [originally expected to open last month] was caught in limbo during the Pentagon's base closing process. Ground was broken in 2004, but construction did not begin begun last May when the Army ordered a hold on all projects that could be affected by the Base Closure and Realignment Commission. A waiver was granted in September to continue work on the project. A contractor should be selected for design and construction by the end of March, with construction to be completed in SEP 07. Walter Reed officials still expect the 30,000-square-foot addition to the military hospital to include a running track, a climbing and rappelling wall and a virtual-reality center, as well as a military vehicle simulator to help some Soldiers return to the battlefield. It will combine both new and existing counseling, occupational and physical therapy services for amputees. However, amputee center is now considered temporary, to serve Soldiers for only five to seven years due to the BRAC decision. Walter Reed is supposed to move to an expanded suburban military hospital in 2011, under the BRAC recommendations President Bush signed last year.

[Source: Reuters Alert News 18 Jan 06]

Disabled Veterans Memorial: Veterans who have been wounded face many challenges - learning to live without sight or the use of limbs, retiring from the only career they've ever known, and dealing with emotional scars. A new memorial planned in Washington, D.C., will honor the dedication and bravery of those permanently disabled veterans and express the nation's gratitude for their sacrifice. The American Veterans Disabled for Life Memorial will occupy a 2-acre site adjacent to the National Mall, within full view of the U.S. Capitol. The focal point of the marble and glass memorial will be a star-shaped reflecting pool with an eternal flame rising from its center. A grove of trees will stand sentry-like beside the pool. The U.S. Congress approved this national memorial to be built in Washington D.C. with the passage of Public Law 106-348. The Disabled Veterans Life Memorial Foundation is raising the estimated $65 million in private funds needed to build and maintain the memorial. By federal law, the entire cost of the construction, plus 10% for the Memorial's perpetual maintenance and preservation, must be on hand before groundbreaking. Donations should be coordinated through the Disabled Veterans' LIFE Memorial Foundation, Inc. (DVLMF). For more information on the Disabled Veterans memorial or how to make a donation visit http://www.avdlm.com or write Disabled Veterans LIFE Memorial Foundation, Inc.,2300 Clarendon Boulevard, Suite 302, Arlington VA 22201-3367 or send an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

[Source: Military Officer Jan 06]

Mobilized Reserve 8 Feb 06: Army National Guard and Army Reserve on active duty in support of the present partial mobilization is now 107,200. In addition the other services have mobilized 5,286 Navy Reserve; 7,670 Air National Guard and Air Force Reserve; 7,072 Marine Corps Reserve; and 414 Coast Guard Reserve. As of 11 JAN this brings the total National Guard and Reserve personnel, who have been mobilized, to 127,127, including both units and individual augmentees. This is a decrease of 5,562 from last month's 11 JAN total mobilization announcement. 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. A cumulative roster of all Reserve contingent personnel can be found here for those now mobilized.

[Source: DoD News Release No. 114-06 8 JAN 06]

Purple Heart Stamp: With the recent increase in postal rates, supporters of the Purple Heart Stamp were concerned that the Postal Service might discontinue the stamp which honors the heroes who have received the Purple Heart Medal. With support from a petition and letter writing campaign launched by Sen. Hillary Clinton's office and the Military Order of the Purple Heart, the Postal Service announced last week that the Purple Heart stamp is coming back as a 39-cent version. There was clearly a tremendous amount of public support for keeping the stamp in circulation.

[Source: AFA Update 11 Feb 06]

VA Priority Categories Update 01: Three years ago, then-Secretary Anthony J. Principi announced that the Department of Veterans Affairs was suspending health care enrollment for some higher-income veterans who did not have injuries or illnesses related to their military service. The move to exclude "Priority 8" veterans was unpopular, but Principi said it was necessary to prevent the VA medical system from being swamped by the rising number of veterans who were eligible for care. At the time, about 6.8 million veterans were enrolled in the VA health system. Now more than 7.5 million are enrolled which includes 5.4 million who received treatment last year. However, others could not get in the door. More than a quarter-million (263,257) "Priority 8" veterans who tried to sign up for VA health care coverage between JAN 03 and OCT 05 were turned away because of the new effort to rein in costs.

There are 24.4 million veterans in the United States, and 16.9 million are not enrolled in the VA health care system. As many of 10 million of those not enrolled are Priority 8 veterans, the VA says. The annual household income cutoff for Priority 8 veterans varies by region. It was $57,500 for a veteran with three dependents who lived in Arlington or Fairfax counties, or in Montgomery or Prince George's counties in Virginia. A VA spokesperson, said the affected veterans could not enroll because they were not eligible. The VA wants to be clear to vets that absolutely nobody is being cut from VA health care rolls and no veteran will be disenrolled from VA health care unless they specifically request it. Rep. Lane Evans (D-IL), ranking Democrat on the House Veterans Affairs Committee, called on the administration to increase the VA budget. "There is no reason for the VA to give the cold shoulder to veterans who have served our country honorably," Evans said in a written statement.

[Source: washingtonpost.com Christopher Lee article 10 Feb 06]

Disabled Retiree Back Tax: Most VA disability claims filed by military retirees are resolved in less than a year. But lost paperwork, administrative errors, and appeals of rejected claims delay thousands of disability awards for years on end. The tax free VA disability award is retroactive to the date of the application. To accept award the retiree must forfeit retired pay on which he has already paid taxes. But to get a refund of back taxes paid, disabled retirees must file an amended tax return for each applicable year. That's when retirees run into a major problem because the IRS Code bars filing amended returns beyond the last three tax years. As a result, VA administrative glitches and insensitive tax laws cost these disabled retirees thousands of dollars through no fault of their own.

Veteran organizations and advocates have been seeking support for a legislative solution to this unfair situation. Recently Rep. Sam Farr (D-CA) and Rep. Mike Bilirakis (R-FL) expressed interest in supporting this effort. On 9 Feb, Rep. Bilirakis introduced H.R. 4727 which is a positive step towards fixing this problem. The bill, known as the Disabled Veterans Tax Fairness Act, adds an exception to the IRS statute of limitations that would allow disabled retirees to file amended returns for more than three tax years in cases where the VA approval is retroactive for more than that time. Efforts are now underway to seek companion legislation in the Senate.

[Source: MOAA Leg UP 11 Feb 06 ++]

VA Health Care Funding Update 03: The Government Accountability Office has made an initial report of an investigation requested by House Committee on Veterans' Affairs Chairman Steve Buyer (R-IN) and members of the Senate. GAO blamed unrealistic assumptions, errors in estimates, insufficient data, and an unresponsive budget model for health care funding shortfalls at the Department of Veterans Affairs in fiscal years 2005 and 2006. GAO declared that the federal budgeting process itself, which uses information up to three or more years old, had contributed to shortfalls. Projections were understated for a number of reasons, including returning Operation Enduring Freedom and Operation Iraqi Freedom soldiers and requirements for long-term care. The funding shortages, which were discovered by VA officials in the spring of 2005, were ultimately filled by supplemental funding. The GAO will continue its review of the process used by the administration to formulate the VA budget.

Lane Evans, ranking Democratic member, House Committee on Veterans Affairs, says the Department of Veterans Affairs used phantom claims to offset VA budget requests for health care. Basing his comments on a Government Accountability Office report issued Feb. 1st (previous item), he added that while calling for the establishment of user fees and increased copayments for veterans seeking health care, and altogether barring at least 260,000 veterans from the (VA) health care system, the administration falsely claimed billions of dollars in unsubstantiated management efficiencies. Democrat Daniel Akaka, Evans' counterpart on the Senate Committee on Veterans Affairs, said it is distressing that VA's health care budget over the past three years has been built like a house of cards. Evans and Akaka stressed that replacing the Administration's savings claims in the VA budget would have averted the needs for the $1.3 billion supplemental request in 2005 and increases in pharmacy co-payments.

[Source: Armed Forces News 10 Feb 06]

Honor Guard Restriction: Congress passed a law ensuring that all veterans could receive full military honors at their funerals. But it failed to include sufficient funding for the practice, and the military has largely turned to veterans organizations to provide the service. Veterans of WW-II, the Korean War and other conflicts die are now dying at an estimated rate of 1,800 a day nationwide. A few states grant small stipends to honor guards, but most do not. Now, a little known statute being enforced by the Army further complicates veterans' organizations attempts to provide the service. It was so little known that top officials with the American Legion in Washington, D.C., weren't familiar with it until the Associated Press brought it to their attention. The statute prohibits the Army from supplying veteran organizations with weapons or ammunition to provide the services if they do not use veterans on the honor guard who were trained in the use of the weapons by the military.

The Army provides M-1 rifles and blank cartridges to honor guards nationwide for funeral gun salutes. However, it will not provide ammunition to organizations that wish to use rifles not donated by the Army. The Army admits it has little power to investigate whether honor guards around the country are following the statute but the materials will be repossessed if it is discovered that organizations are. Many organizations are limited in available personnel to serve on their honor guards and supplement their resources with auxiliary members such as the Sons of the America Legion. Primarily because their older members can no longer participate due to age and their younger members cannot take time of from their employment on a regular basis to meet the need. It would take an act of Congress to change the statute. Rep. James Oberstar [MN] is reportedly looking into the issue.

[Source: NavyTimes.com 9 Jan 06]

Disability Retirement Update 02: If you have been found to be physically unfit for further military service and meet certain standards specified by law, you will be granted a disability retirement. Military members with 20 or more years of active service (service retirement eligible) can retire, regardless of the percentage level of disability, if they are found to be unfit and removed from the service by reason of physical disability.

People with less than 20 years of active service at the time they are removed from the service by reason of physical disability may be either separated or retired, based on the following:

• If you have a disability that is rated by the military disability evaluation system at 20% or lower, you can be discharged (most likely with severance pay, unless the condition existed prior to service and was not permanently aggravated by service or misconduct is involved). Those who are separated for disability may be eligible for monthly disability compensation from the Veterans Administration (VA).
• If the condition is rated at or above 30%, and other conditions are met, you will be disability retired. Your disability retirement may be temporary or permanent. If temporary, your status should be resolved within a five-year period.

The amount of your disability retired pay is determined by one of three methods:

• Multiply your base pay or average of highest 36 months of active duty pay at the time of retirement by the percentage of disability which has been assigned. However, the minimum percentage for temporary disability retirees will equal 50%. The maximum percentage for any type of retirement is 75%.
• Multiply only your years of active service at the time of your retirement by 2.5% by your base pay or average of highest 36 months of active duty pay at the time of retirement.
• The third method applies to you if you were eligible to retire/transfer under any other law. FAS will compute your entitlements using both methods above, and use the one which results in the greatest amount of retired pay. If you desire that another method be used, you may request (in writing) that the other method be used.

The difference between temporary and permanent disability is the stability of the medical condition. If you're condition is not deemed "stable" by the PEB, they will recommend you be placed on the TDRL (temporary disability retirement list). When on the TDRL, you are subject to reevaluation every 18 months and limited to 5 years max on the TDRL. At the 5 year point, if not sooner during a re-eval, you are removed from the TDRL and either found fit; permanently retired; or discharged with severance pay. If, on 24 SEP 75, you were either a member of an Armed Force or was under a binding written commitment to become a member, and are discharged/retired by reason of disability by the military disability evaluation system (not VA), your retirement pay may not be taxed. Otherwise, for a tax free retirement, you'd have to have a combat related disability. If you go through the VA disability evaluation system and they grant you disability compensation, it will not be taxed, regardless of whether or not you were in the service on 24 Sep 75.

[Source: New Mexico e-Veterans News 6 Feb 06]

Dextromethorphan AAFES Sales: The Army and Air Force Exchange Service has voluntarily started limiting sales of products with Dextromethorphan (DSM) to customers over the age of 18. DXM is a common cough-suppressing ingredient contained in more than 140 over-the-counter cough and cold medicines. AAFES officials pointed out that when taken as directed and used properly, DXM is safe. However, recent media reports and research indicate abuse of DXM is becoming more of an issue than previously thought. While there is not yet a legal requirement to flag products with this ingredient, as of 24 JAN AAFES is voluntarily limiting sales of products with DXM to customers over the age of 18. A message on the cash register will alert cashiers to verify the age of the person buying products with DXM. Customers can still find cough and cold medicines with DXM in the Health and Beauty Care department of their BX/PX. The only difference customers will encounter will be at checkout.

[Source: Air Force Retiree News 7 Feb 06]

Tricare Pharmacy Paper Claim: Every month about 400,000 users of the military's retail pharmacy network, those who have other health insurance, have to file paper claims with Tricare to be reimbursed for co-payments and other costs incurred that their primary insurance won't cover. The paper hassle is about to end because Tricare is moving to online coordination of benefits for the retail pharmacy network in the next couple of months. At present a beneficiary using the retail network, who has other health insurance, gives the pharmacist his/her primary insurance information. The pharmacist bills the primary carrier via computer online and quickly gets back information on what the beneficiary still owes in fees or copayments. But many retail network pharmacists do not go one more step and communicate online with Tricare. So, in most cases, the beneficiary is told to pay the balance and file a claim with Tricare for full reimbursement. When implemented, rather than filing paper claims, beneficiaries will just wait a few moments in front of the pharmacist while the unpaid portion of the claim is reviewed online by Tricare. When coverage is verified the Pharmacy will receive confirmation of payment through the beneficiary's secondary Tricare coverage.

[Source: Philpott, Trenton Times 6 Feb 06]

VA Claims Assistance Update 02: The VA recognizes that disabilities veterans may develop years after service may be directly related to military exposure to certain conditions. For a summary of those conditions, go to the VA Web Site and review the 38 Code of Federal Regulations, Sections 3.309 to 3.317. If you feel any of the presumptive conditions listed apply to you get a doctor's opinion, a diagnosis, your DD-214, and visit your veteran advocate to file a claim. If not for you, then for your wife and children who would be eligible to file for benefits if your death results from any related condition. A small investment in the beginning will pay off for the rest of the veteran's life. Nam vets should be aware that veterans from the early years of that conflict are now recognized by the VA as in-country Vietnam veterans from 28 FEB 61 through APR 75. Some conditions to consider would be:

• Asbestosis. This can develop many years later from the veteran's exposure to the material during the 1940s, 1950s, and 1960s, when asbestos was used as insulation on all U.S. Navy ships and numerous military barracks. If you have a lung disease, ask your doctor if it may be related. X-rays will show asbestosis.
• Conditions from exposure to atomic radiation and Agent Orange
• Conditions related to vets who have been diagnosed with Gulf War Syndrome.

Claims can also be filed for secondary conditions. These are disabilities that are proximately due to, or the result of a service-connected disease or injury. Some examples are:

• A veteran has a right knee service-connected injury. For years he favors his good knee, but it, too, goes bad. The veteran may file a claim for his left knee condition secondary to his service connected right knee. The vet will need a doctor's opinion documenting that condition.
• A psychological condition often causes hypertension and heart disease, which VA and National Academy of Sciences studies have linked to the years of stress from these conditions. This can mean that a veteran who suffers PTSD, major depression or similar disabilities can make a claim for secondary hypertension/heart disease to his service connected psychological disorder with a doctor's opinion. Or his widow, if the veteran died of a heart condition, may file a claim after producing a doctor's opinion that his psychological condition contributed to his death.
• Agent Orange Diabetes II that can lead to neuropathy, kidney, heart and other secondary conditions, which the veteran should and could be rated for.
• Prescription drugs for a service-connected condition that causes other medical conditions would be claimable. This includes dental conditions that result form medications administered for the primary disability.

Remember, the VA hires highly educated, many legally schooled, rating specialists, so give these VA employees the medical and legal opinions they seek. These VA rating specialists are mostly pro-veteran, but they too, have laws and rules set by Congress that they must adhere to. The best way to work the system is to provide them with the documentation they need to help you, the veteran. If in doubt as to where to obtain claim filing assistance refer to the Bulletin article "VA Claim Filing Sources" available upon request.

[Source: North County Times Mike Schuster article 3 Feb 06 ++]

Foreign Service Officer Exam: Retirees looking for a second career might want to consider entering the United States Foreign Service. The first step in becoming a Foreign Service Officer is to take the Foreign Service Written Exam (FSWE). It is offered once a year in cities around the world. To be eligible for the written examination, an applicant must be:

• Between 20 and 59 years old on the date of examination. Appointment to the Foreign Service must take place before the candidate's 60th birthday. (2) A citizen of the United States, and (3) Available for worldwide assignment, including Washington, D.C.

There is no longer a printed version of the application. As of 2006 all registrations for the FSWE must be done online here. The exam is for entry-level Foreign Service Officer positions in the U.S. Department of State. Test date is 8 APR 06. Registration deadlines are 1 MAR 06 for foreign test centers and 8 MAR 06 for U.S. test centers. Additional information regarding the Foreign Service and employment therein is available at http://careers.state.gov.

[Source: US. Embassy Manila Warden notice Feb 06 ++]

VA Help Lines: The Department of Veterans Affairs provides toll free help lines on VA benefits and programs at this website. A veteran who turns to the lines for information about benefits might want to get a second opinion. According to a follow up study assessing telephone service quality, it was noted in a 14 OCT 04 VBA Letter 20-04-42 that people who call the agency's regional offices for help and advice are more likely to receive completely wrong answers than completely right ones. To see how well its employees answer typical questions from the public, VA benefits experts in 2004 called each of the agency's U.S. regional offices, which process veterans' disability claims. The so-called mystery callers, saying they were relatives or friends of veterans inquiring about possible benefits, made a total of 1,089 calls. Almost half the time they got answers that the VA said were either completely incorrect or minimally correct. According to a VA memo, 22% of the answers the callers got were "completely incorrect," 23% were "minimally correct" and 20% were "partially correct." Nineteen percent of the answers were "completely correct," and 16% were "mostly correct." The program also found that some VA workers were dismissive of some callers and unhelpful or rude to others. The results of the 2004 study are below expectations and are disappointing to the organization. The report included comparisons to the previous 2002 study. Of special concern was that the excellent and very good responses declined for courtesy and professionalism (from 81 to 69%) and for willingness to help (from 76 to 62%). Significant improvement, however, was made in prompt service (from 76 to 87%). VA officials acknowledge in the letter that the agency needs to do better. To read the VA survey online, which includes the questions asked and the responses received go here.

[Source: VetJobs Veteran Eagle Newsletter 1 Feb 06 ++]

VA Nasopharyngeal Radium Therapy: Veterans who remember being treated or think they were treated with nasopharyngeal radium should tell their physicians about it. Veterans who have health problems they think may be related to nasopharyngeal radium also are encouraged to contact the nearest VA medical center. Public Law 105-368 enacted in November 1998 authorizes examinations and treatment of head and neck cancers for veterans who received nasopharyngeal radium treatments during active military, naval, or air service. For veterans not otherwise enrolled in VA health care, documentation of nasopharyngeal radium treatment in service records may be required to be eligible for these services.

Veterans who are enrolled in VA health care receive medically indicated diagnostic and treatment services without any need to document exposures.

Radium was first used as a medical therapy in 1904. It was used internally and externally to treat a variety of diseases and conditions, from cancer to goiters to scalp ringworm. It was used on tissues unsuitable for surgery, only local anesthesia was required, and it could be performed in a physician's office. The treatment also was believed to be safer than conventional X-ray treatment. During the 1920s, a new technique was developed using radium to treat hearing loss in children caused by repeated ear infections (otitis media). This technique was called nasophayrngeal radium therapy. A radium-tipped rod was inserted in the nose and left for several minutes. Often, several treatments were provided in a series, each two to three weeks apart. The therapy also was used to treat sinusitis, tonsilitis, asthma, bronchitis, and repeated viral and bacterial infections. Because it was effective in treating otitis media, military physicians used it to treat aerotitis media in submariners, aviators and divers. Aerotitis media is hearing loss caused by swollen tissue in the throat combined with rapid pressure changes in the middle ear. The treatment was used to shrink tissue in the throat and prevent ear damage from pressure changes. An estimated 500,000 to two million civilians, mostly children, received these treatments. It is estimated that between 8,000 and 20,000 military personnel received them during World War II and until about 1960. Pressurized aircraft cabins and new treatments, such as better antibiotics, as well as concerns about radiation safety resulted in its discontinuation.

Information on filing a claim for disability compensation may be obtained by calling the nearest VA regional office at 1-800-827-1000. For questions on nasopharyngeal radium therapy, veterans may call VA's Public Health and Environmental Hazards Office at 1(202) 273-8578. Questions on enrolling for VA health care may be directed to VA toll-free at 1(877) 222-8387.

[Source: VA Fact Sheet Feb 99 & e-Veterans News 4 Jan 06]

Texas Veterans Homes: Veterans in Texas will have greater access to long-term health care, thanks to a $10 million grant from the Department of Veterans Affairs (VA) to build a state nursing home in Amarillo. The $10 million grant will pay up to 65% of the cost to construct and equip a 120-bed state nursing home in Amarillo. Overall cost of the project is estimated at $15.8 million. In fiscal year 2004, the Department of Veterans Affairs spent more than $4.9 billion in Texas to serve 1.6 million state veterans. VA operates 10 major medical centers, with outpatient clinics and Vet Centers in many communities. Texas also operates the following State Veterans Homes (SVH):

• William R. Courtney Texas State Veterans Home, 1424 Martin Luther King Jr. Lane, Temple, Texas 76504-5941 Tel: (254) 791-8280 Fax: (254) 791-0262.
• Lamun-Lusk-Sanchez Texas State Veterans Home, 1809 North Highway 87, Big Spring, Texas 79720-0793 Tel: (432) 268-VETS (8387) Fax: (432) 268-1987.
• Frank M. Tejeda Texas State Veterans Home, 200 Veterans Drive, Floresville, Texas 78114-2709 Tel: (830) 216-9456 Fax: (830) 393-7764.
• Clyde W. Cosper Texas State Veterans Home, 1300 Seven Oaks Road, Bonham, Texas 75418-3254 Tel: 903-640-VETS (8387) Fax: 903-640-4281.
• Ambrosio Guillen Texas State Veterans Home, 9650 Kenworthy St, El Paso, Texas 79924 Tel: (915) 751-0967 Fax: (915) 751-0908
• Alfredo Gonzalez Texas State Veterans Home, 301 East Yuma Avenue McAllen, Texas 78503 Tel: (956) 682-4224 Fax( 956) 682-4668

Construction was completed in 2005 for new homes in El Paso and McAllen. Both have 160 beds, of which 60 are certified for Alzheimer's care. Texas state veteran homes are skilled care facilities. They are not retirement, assisted living, or personal care homes. All the homes are available to veterans who were discharged or released from active military service for a disability incurred or aggravated in the line of duty. Veterans must have a medical necessity for skilled, long-term nursing care as determined by a physician in concurrence with a VA physician in order to qualify for a per diem from the VA that pays $59.36 per day toward the cost of care. Some residents may be eligible for Medicaid to help pay for the cost of their care. Medicare and Medicaid eligible residents are also required to meet the same need for skilled care. Some veterans may be eligible for benefits, such as pensions like Aid and Attendance, from the VA to help pay for the veteran's portion of the cost of care. The resident or their responsible party is responsible for the remaining costs of care. There is no per diem for nonveterans. Minimum occupancy rates are $63 a day with an average cost of $100 a day. The rate for a basic semi-private room is $133.00 per day. Spouses of Texas veterans and Gold Star parents are also eligible for care in SVH. Spouses can share a room upon request, if medical needs do not prohibit. Residents must have lived in Texas for at least one year immediately prior to application for admission or been a Texas resident at the time of entry into military service, and have honorable discharges. Application forms are available for download here from a Texas State Veterans Home, or by calling the Texas Veterans Land Board at 1 (800) 252-8387 and requesting one be sent by mail.

[Source: VA News Release 3 JUN 05 & http://www.glo.state.tx.us/vlb/vethomes Feb 06]

Parentage: Positive proof of parentage can benefit:

• Woman seeking child support from a man who denies he is the child's father.
• Men attempting to win custody or visitation rights.
• Men wanting to confirm paternity of their child(ren) for peace of mind.
• An adopted child seeking his/her biological family.
• A person seeking to identify one parent when the other parent is deceased or missing.
• A person seeking entry into the U. S. on the grounds that she/he is a biological relative of a U.S. citizen.
• Someone wanting to determine grand parentage, inheritance rights, insurance claims, or Social Security benefits.

Parental blood type combinations cannot prove parentage but can be used to exclude a potential parent. The following blood type mating will result in the indicated possible an impossible offspring blood types:

• O + O can result in O but not A, B, or AB
• O + A can result in A or O but not B or AB
• O + B can result in O or B but not A or AB
• O + AB can result in A or B but not O or AB
• A + A an result in A or O but not B or AB
• A + B can result in A, AB, B or O
• A + AB can result in A, AB or B but not O
• B + B can result in B or O but not A or AB
• B + AB can result in A, AB or B but not O
• AB + AB can result in A, AB or B but not O

Eye color cannot indicate paternity. In humans, there are three genes that are known to control eye color. The expression of these three genes can explain typical patterns of inheritance of brown, green, and blue eye colors. However, they don't explain everything. Grey, hazel, multiple shades of blue, brown, green, and grey are not explained by these three genes. The molecular basis of these genes is not known; what proteins they produce and how these proteins affect eye color are not known. Eye color at birth is often blue turning, turning darker color as the child matures. Why eye color can change over time is not known. An additional gene for green is also postulated, and there are reports of blue-eyed parents producing brown-eyed children which the three known genes can't easily explain. Mutations, modifier genes that suppress brown, and additional brown genes are all potential explanations. Bottom line, eye color can be very complicated. If you are in doubt get a DNA test. DNA results are acceptable as reliable proof or disproof of parentage in legal and immigration proceedings if performed by a certified laboratory that maintains strict chain of custody and documented procedures. DNA test results are the same whether performed from swab, tissue, hair or fluid samples because the DNA is the same in all nucleated cells of a person's body. Every cell in body, except for red blood cells, contains the same DNA. Red blood cells do not contain DNA. Using DNA the mother does not have to be tested. Accurate results can be obtained from brothers or related individuals of the alleged father. Although related individuals have similar genetic markers, additional testing can be performed until one man is excluded. Collection of samples from different individuals at different times does not affect validity. Samples collected postmortem and properly stored can also be used. Average cost of DNA testing dependent upon the number of tests involved runs $200 to $400.

[Source: http://genetic-identity.com]

SSA Change of Address: You can change your address and/or telephone number online if:

• You get Social Security disability, retirement, or survivors benefits, and
• You live in and are moving to an address in one of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, and
• The address change is for your own benefit or payment, and
• You can answer a series of questions that have to match SSA records, or
• You have established a password to access your SSA information.

Be prepared to provide your full name and SSN, your mother's maiden name, your birth date, your complete new and old address including zip code, the amount of your last SSA check, and your new phone number or a number SSA can use to contact you at. To protect everyone's privacy, each person who wants to change his or her address must request it. For example, your spouse and other members of your household will need to each log on or call to do this. You can change your address or request a password by calling 1(800) 772-1213 or logging onto this site. You have the option of selecting when your change of address will take effect. Establishing a password involves 3 steps:

• Step 1: To create a permanent password, you need a Password Request Code (PRC)
• Step 2: Wait at least 15 days for your PRC letter to come in the mail.
• Step 3: Create your permanent password using the directions in your PRC letter.

With a password you can:

• Check your information and benefits
• See your address, telephone number, direct deposit, Medicare and payment information.
• Change your address and/or telephone number in SSA records.
• Request or change direct deposit
• Start direct deposit of your checks or change your current direct deposit to another account or financial institution.
• Change your password.

Since SSA has no offices outside the U.S., they are assisted by the Department of State's embassies and consulates throughout the world. In the Philippines, the Department of Veterans Affairs Regional Office (VARO) in Manila assists. If you are in Canada, British Virgin Islands or Samoa, you can obtain services from an SSA Field Office. Locations can be found at http://www.socialsecurity.gov/foreign/index.html If you are in any other country, you can write Social Security Administration, Office of International Operations, P.O. Box 17775, Baltimore, MD 21235-7775

[Source: SSA website FEB 06]

Kentucky Military Legislation: The Kentucky Senate recently passed three bills of interest to local military families:

• Senate Bill (SB) 2, also known as the "Military Families Benefits Bill," focuses primarily on National Guard and Reserve families, but also has a provision to assist some active duty families. The bill would create a Military Family Assistance Trust Fund. When a Kentuckian is deployed as a member of the regular military outside the United States or a member of the National Guard or Reserve on any federal active duty, the servicemember's family may apply to receive a grant from the trust fund to pay for necessities such as housing, utilities, groceries; health insurance co-pay, and child care.
• Senate Bill (SB) 47, which would expand to elementary and middle schools what is currently the law for high schools, that one class period be devoted to Veterans Day observances on or near Veterans Day.
• Senate Bill (SB) 30, which would enable TRICARE-eligible state employees to choose to remain in TRICARE and receive a state-funded TRICARE supplemental insurance policy for themselves and their family members rather than using Kentucky's public employee health insurance program.

The Kentucky Senate's (SB) 30 bill is similar to actions by several other states and private employers to encourage military beneficiaries to use TRICARE as their primary insurance rather than using their employer-sponsored insurance. DoD officials cite these actions and the increasing numbers of military retirees opting to remain in TRICARE instead of using their employer-sponsored plans as a major reason for its proposals to increase beneficiary fees and cost shares.

[Source: NMFA eNews 7 Feb]

Green Card Lottery: The diversity lottery (i.e, Green Card Lottery) program is conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the U.S. The Kentucky Consular Center in Williamsburg, Kentucky has responsibility for registering and notifying the winners of lottery. A person can register only one time each year. For DV-2006 approximately 90,000 applicants were registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first 50,000 persons registered will not pursue their cases to visa issuance, this larger figure insures that all DV-2006 numbers will be used during the fiscal year 1 OCT through SEP 06. Applicants were selected at random from over 6.3 million qualified entries received during the 60-day application period. The visas have been apportioned among six geographic regions with a maximum of 7% available to persons born in any single country.

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested. Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Bureau of Citizenship and Immigration Services for information on the requirements and procedures. Once the total 50,000 visa numbers have been used, the program for fiscal year 2006 will end.

Selected applicants who do not receive visas by 30 SEP 06 will derive no further benefit from their DV-2006 registration. Similarly, spouses and children accompanying or following to join DV-2006 principal applicants are only entitled to derivative diversity visa status until 30 SEP 06. Only participants in the DV-2006 program who were selected for further processing have been notified. Those who have not received notification were not selected. The application dates have already been exceeded for DV-2007 registration but applicants may try in late 2006 for the upcoming DV-2008 lottery if they wish. The dates for the registration period are published annually when determined and noted at http://www.dvlottery.state.gov. Complete information on how to submit an application, individuals not eligible because if their country of origin, and what occupations will qualify for the Diversity Visa Program is available here. There have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. The Department of State notifies successful Diversity Visa applicants by letter, and NOT by email.

[Source: http://travel.state.gov/visa/visa_1750.html Feb 06]