Department Service Officer
Newsletter
Volume 8, Issue 1
August 1, 2008
Department Service Office Business Hours: The Department Service Office will be open each Monday through Friday from 8:00 AM until 4:00 PM. Appointments are not necessary for visits. You may contact the Department Service Office by calling (603) 222-5784, faxing (603) 222-5787.
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Special Health Registry Examination Programs: A health registry examination is a personalized and comprehensive examination which includes blood work, urinalysis, and, where medically indicated, a chest x-ray and EKG. This exam is available to all eligible veterans with no co-payment requirement.
The demographic information (personal details), exposures, reported symptoms and diagnoses are all included in a computerized index or list of veterans located at the Austin Automation Center in Austin, TX. YOU can learn more about these special programs online at http://www.VA.gov/EnvironAgents.
VA
has the following registries:
Agent Orange for Vietnam veterans and others exposed to Agent Orange and other herbicides used in Vietnam and other military locations.
Gulf War/Operation Iraqi Freedom (OIF) for veterans of the 1991 Gulf War or who served in OIF.
Depleted Uranium (DU) for veterans possibly exposed to DU.
Ionizing Radiation for veterans who participated in nuclear tests, the occupation of Nagasaki/Hiroshima, Japan and other radiation-risk activities or who received nasopharyngeal (NP) (nose and throat) radium irradiation treatments.
Eligible veterans receive a free specialized and comprehensive health examination with blood work, urinalysis (EKG and chest x-ray where medically indicated) and answers to questions relating to any environmental exposures. The DU program involves only the DU urine testing. Following the examination they are given the results of the physical exam and laboratory tests both face-to-face and in a follow-up letter. The results of the health registry examination are maintained in the veteran’s medical record. This health registry exam provides an opportunity to enroll in the VA healthcare system. However, veterans do not have to enroll to receive their registry exam. Veterans also automatically receive or have access to VA’s newsletters with updates or special information on health care and other benefits for them.
The health registries are one way VA tracks the special health concerns of veterans.
All eligible veterans who want to be included in VA registries can get a health registry examination at most VA facilities and performed by a VA Environmental Health (EH) Clinician. Health examinations by a private physician may also be accepted as long as the VA registry examination protocol is followed.
Most VA facilities have EH Coordinators assigned to assist veterans in obtaining health registry examinations. Contact the EH Coordinator at the nearest VA facility to request the registry examination in which you are interested.
The names and telephone numbers of these EH Coordinators are listed on the Environmental Agents Service (EAS) Web site http://www.va.gov/EnvironAgents.
Also, another resource is VA’s toll-free special health issues helpline 1-800-749-8387.
As of April 2006, the number of veterans that has had the health registry programs exams is 523,043.
Eligible veterans may receive follow-up (2nd, 3rd, etc.) registry examinations based on any new health problems they may develop.
VA can only provide health care to veterans; hence, family members are not eligible for a health registry examination.
The following Web links can provide veterans with a wealth of information on these registries and related topics: www.VA.gov/EnvironAgents for the following newsletters: Agent Orange Review, Operations Iraqi Freedom/Enduring Freedom Review, Gulf War Review, and Ionizing Radiation Review.
VA also provides several hotlines and contact numbers for veterans covering these topics:
VA’s national toll-free telephone number, staffed by veterans service representatives, provides information about disability compensation benefits as well as vocational rehabilitation and education programs available to veterans: 1-800-827-1000
The Special Health Issues Helpline is also a source of valuable information: 1-800-749-8387
For VA Health Eligibility/Enrollment: 1-877-222-8387.
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Department of Veterans Affairs Mortgage Assistance: Many borrowers, including veterans, are being hard-hit by recent events unfolding in the nation’s housing and mortgage markets. It is the goal of the Department of Veterans Affairs (VA) to help keep veterans in their homes. To this end, VA has established a toll-free number for veterans seeking assistance with their mortgages.
What VA can do for veterans with VA loans: VA may be able to help avoid foreclosure through counseling and or special financing arrangements.
VA may be able to intercede with the borrower on the veteran’s behalf to pursue options that would allow a veteran to keep his/her home.
What VA can do for a veteran who has a non-VA loan: VA can provide advice/counseling on how to work with their lender to avoid foreclosure.
What VA cannot do: VA cannot provide assistance with non-mortgage related issues (i.e. car payments, credit card debt, etc.).
Veterans in need of mortgage-related assistance should call VA at (877) 827-3702.
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Volunteer Attorney placement program: There has been a large increase in the number of appeals pending before the Board of Veterans’ Appeals (BVA) and the Appeals Management Center (AMC). In an effort to help us address this large influx of appeals, The American Legion, in conjunction with the National Veterans Legal Services Program (NVLSP), has enlisted the aid of hundreds of attorneys from many major law firms to help the veterans we represent with their appeals pending before either the BVA or AMC. NVLSP attorneys, who are also accredited American Legion representatives, screen American Legion-represented appeals pending at the BVA and AMC for possible placement with an attorney.
Appellants whose appeals are selected for this program are notified, in writing, of the opportunity to have their case placed with an attorney. A copy of the initial letter sent to the appellant is included with this bulletin.
The specifics of this program are provided below:
We ask that you support this program. If a veteran contacts you and asks about the program please let the veteran know that it is an American Legion program that is fully supported by the National Headquarters.
Please contact Steve Smithson, Deputy Director for Claims Service, VA&R, at (202) 263-2985 or ssmithson@legion.org if you have any questions or concerns.
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Widows Tax Ends For Some But Not All: A recent federal court ruling voted in favor of restoring Survivor Benefit Plan (SBP) annuities that were wrongly withheld from the surviving spouses of disabled military retirees. The decision in Sharp, et al v. United States, handed down by the U.S. Court of Federal Claims ordered the Department of Defense (DOD) to refund military retiree SBP annuities that were withheld from three widowed spouses who also received veterans' dependency and indemnity compensation (DIC) from the Department of Veterans Affairs. The court found that the DOD's dollar-for-dollar deduction of DIC payments from SBP benefits was based on a faulty interpretation of federal law.
It is important to realize that while this is good news, it only effects widows who remarried after the age of 57.
Before 2003, the DIC program was structured so that a surviving spouse would stop receiving DIC payments if and when a widow remarried. In 2003, though, Congress enacted the Veterans Benefits Act of 2003, Pub. L. No. 108-183, 117 Stat. 2651 (2003), which restored DIC benefits to some surviving spouses who chose to remarry—those surviving spouses who remarried after the age of 57. This provision became effective January 1, 2004.
As previously stated, it was found by the court that DOD was wrong to continue withholding SPB annuities to widows who remarried after age 57 who were receiving DIC because the Veterans Benefits Act of 2003 “modifies or partially repeals” the law that would have enforced the ‘widows tax’.
American Legion Departments and DSO’s now have the hard task of reaching out to possible eligible widows to inform them that this injustice has been righted so they can apply for the benefit. The Defense Department is expected to appeal the ruling.
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Veterans’ Benefits Seminars: In July 2007, The American Legion’s clarified its policy on attorney referrals in the event such a referral is requested by a veteran or an attorney. This policy must be adhered to by accredited American Legion representatives. Accredited representatives are individuals officially recognized by the Department of Veterans Affairs (VA) to represent veterans and other claimants, seeking VA benefits, on behalf of The American Legion. As stated, American Legion policy does not permit accredited American Legion representatives to refer any claimant seeking VA benefits to an attorney, nor are accredited American Legion representatives permitted to make a specific referral to an attorney at any time.
As a point of clarification, accredited representatives of The American Legion receive their accreditation through the national organization and are, therefore, bound by our attorney referral policy. Although the national organization does not have direct authority to prevent Legionnaires and other individuals that are not accredited American Legion representatives from making attorney referrals, it should be understood that making such referrals is in violation of the rules of the national organization.
In the past few months American Legion posts and departments have been contacted by various attorneys, law firms and other groups requesting the use of meeting space and other forms of support for their efforts to conduct veterans’ benefits seminars or workshops to educate veterans and their dependents about, and provide assistance with, obtaining VA benefits. Some of these individuals and groups are providing these services free of charge while others are charging fees. Some are providing basic information and assistance free of charge but charging for more in-depth service such as actual representation before VA in an appeal.
It is in direct conflict with The American Legion’s policy regarding attorney referrals for an American Legion post or an American Legion department to sponsor or participate in such events because such involvement amounts to a referral. Moreover, an American Legion post or department hosting such an event could be interpreted as endorsement of or an affiliation with these individuals or groups, which is against American Legion policy. Therefore, American Legion departments and posts should not host these events or otherwise do anything to imply endorsement of such individuals or groups.
The American Legion has provided free service and assistance to our nation’s veterans, regardless of membership, since 1919. We will continue to provide this service. Questions or issues involving VA-related matters that cannot be properly addressed by the post service officer should be referred to the professional Department Service Officer (DSO) or National VA&R Division staff. American Legion posts that would like to host a veterans’ benefits seminar or information workshop are encouraged to request the support of their department or state service officers for such events.
Please contact Steve Smithson, Deputy Director for Claims Service, VA&R, at ssmithson@legion.org or (202) 263-2985 if you have any questions or concerns.
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Overview of Changes Made By Public Law 110-181, the National Defense Authorization Act for Fiscal Year 2008: On January 28, 2008, the President signed the National Defense Authorization Act (NDAA) for fiscal year 2008. This letter provides guidance regarding those statutory changes that impact delivery of VA disability benefits.
Enhancement of education benefits for certain members of reserve components. This allows an accelerated payment of educational assistance under the Montgomery GI Bill-Selected Reserves (MGIB-SR, 10 U.S.C. Chapter 1606) and the Reserve Educational Assistance Program (REAP, 10 U.S.C. Chapter 1607). REAP provides educational benefits for members of Reserve components called or ordered to active duty in response to a war or national emergency (contingency operation).
Eligible participants must be enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, and charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable.
This section also amends REAP by allowing a member with an aggregate of three years or more of active service to contribute towards his or her educational assistance to receive the maximum amount of assistance.
Extension of period of entitlement to educational assistance for certain members of the selected reserve affected by force shaping initiatives. Selected Reserve members who are involuntarily separated during the time period beginning on October 1, 2007, and ending on September 30, 2014, retain their eligibility for educational assistance after they leave the Selected Reserves..
Time limit for use of educational assistance benefit for certain members of reserve components and resumption of benefit. This applies only to reservists eligible for REAP. Members who were called up from the Selected Reserve, completed their REAP qualifying period of active duty service, and then returned to the Selected Reserve for the remainder of their service contract are now eligible for REAP benefits during the 10-year period following separation from the Selected Reserve.
Expansion of combat-related special compensation eligibility. This expands eligibility for combat-related special compensation (CRSC) to military retirees retired for disability through the military disability evaluation system (10 U.S.C. Chapter 61) with less than 20 years of service for longevity purposes (other than by reason of 10 U.S.C 12731b).
This takes effect on January 1, 2008, and applies to payments for months beginning on or after that date.
As with existing CRSC benefits, the retiree must apply to their service-specific CRSC Board for a determination once VA establishes entitlement to compensation. Specific instructions regarding the amount of dual compensation to which the retiree is entitled will be provided when additional information is received from the Department of Defense.
Review of separation of members of the Armed Forces separated from service with a disability rating of 20 percent disabled or less. The Office of the Secretary of Defense, the Physical Disability Board of Review (Board). The Board has jurisdiction over current and former members of the military who were or will be separated from the military with a 20 percent disability evaluation or less beginning on September 11, 2001, and ending on December 31, 2009.
Service members separated with disability evaluations of 0, 10, or 20 percent are eligible to be retired from the service. The amount of disability severance pay, if any, in the covered cases is calculated in part based on the disability evaluation assigned. The law allows the member to apply for a review and permits the Board to review a case on its own motion. The veteran, the legal representative of the veteran, the surviving spouse, or next of kin can make a petition for review. The Board has authority to do four things:
The recommendations are made to the Secretary of the Service Department. If the Secretary accepts the recommendation of the Board, the changes will be effective as of the date of the original PEB decision to which the review relates. If a veteran is awarded increased disability evaluation or retired, the amount of retroactive benefits due based on the revised decision will be reduced by the amount already paid the veteran.
Enhancement of disability severance pay for members of the armed forces. This provides that disability severance pay will not be recouped from VA disability compensation for those veterans awarded disability severance pay for disabilities incurred in a combat zone or during performance of duty in combat-related operations as designated by DoD.
This is effective January 28, 2008, and applies to members of the Armed Forces separated under 10 U.S.C. chapter 61, on or after that date.
Medical care for families of members of the armed forces recovering from serious injuries or illnesses. This provides, that when a recovering active duty service member is receiving hospital care and medical services at a VA medical facility, VA may provide medical care for eligible family members when that care is readily available at that VA facility and on a space-available basis.
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Cooperative Alliance for Regional Transportation (CART): The Cooperative Alliance for Regional Transportation (CART) is a curb-to-curb transportation system serving the towns of Chester, Danville, Derry, Hampstead, Londonderry, Plaistow, Salem, Sandown and Windham.
CART works with multiple agencies in the nine-town Greater Derry-Salem region to coordinate scheduling and dispatching of rides, pool resources to be more efficient, and access federal transportation funds. The vans you see on the road will display the CART logo, and also often the logo of one of the agencies that is part of CART.
CART is a shared-ride service that is available to any resident of the nine service towns including seniors and others in the community who need transportation. Wheelchair lift-equipped vehicles are available to accommodate the needs of individuals with disabilities.
There are a variety of times when a ride with CART can be helpful. CART service is available for medical appointments, shopping trips, visits with friends or family, or any number of other reasons when you need a convenient, safe ride.
CART goes to any destinations within our nine town service area that includes Chester, Danville, Derry, Hampstead, Londonderry, Plaistow, Salem, Sandown and Windham.
In order to accommodate transportation for medical appointments out of the region, CART may provide rides to Caritas Holy Family Hospital, Lawrence General Hospital, Catholic Medical Center, Elliot Hospital and Dartmouth-Hitchcock Manchester.
Out-of-region destinations may change based on service capacity. CART is not an airport shuttle service, so rides to the Manchester-Boston Regional airport will not be provided.
CART service operates Monday through Friday from 8:00 a.m. to 5:00 p.m. Service is not available on weekends or holidays. The base fare for CART service is $2 per one-way ride which can be paid in advance or when boarding the CART vehicle. A 10-ride pass is $20 and can be purchased from CART. Free ride cards are available to those meeting certain income guidelines. Call to see if you qualify.
To make a reservation with CART, please call during regular business hours. This is a shared-ride service intended to accommodate as many riders as conveniently and efficiently as possible, so we must request reservations be made several days in advance. Rides may be reserved no more than 14 days in advance. If a preferred time is not available due to rider volume, we will make every effort to work with you to schedule a suitable alternative. Short notice reservations will be accommodated when possible.
When you call, our Call Center representative will ask for information including: your name, age, address, phone number, specific travel request, and any special mobility needs. We ask riders be ready at least 15 minutes prior to scheduled pickup time.
Weather, road and traffic conditions may result in the vehicle arriving 15 minutes earlier or later than scheduled. Upon arriving at your pickup location, the driver is permitted to wait no longer than 5 minutes for you to board the vehicle.
To cancel a reservation, please call during regular business hours at least 24 hours in advance of your scheduled time. For Monday rides, please call the preceding Friday or leave a message with our voicemail over the weekend.
Some Simple Reminders About Rider Courtesy: CART wants to make its service friendly, convenient and comfortable for all of our customers. To help us, please keep in mind:
Repeated No Show, Late Cancellation or Incorrect Address infractions could result in loss of riding privileges.
We ask that all riders please observe the following:
For more information, call (603) 434-3569 or visit their website at http://www.cart-rides.org/.
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