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; or by using the following e-mail address: Gary.Wayman@VBA.VA.GOV.

§

 

Supreme Court Will Not Hear Haas Case:  Background - On August 16, 2006, the United States Court of Appeals for Veterans Claims (CAVC) held in Haas v. Nicholson (now Haas v. Peake) that Vietnam veterans who served in the waters off Vietnam ("Blue Water"  Navy veterans) are entitled to disability benefits for diseases related to exposure to Agent Orange. See VA&R Bulletin 20-06, dated  August 22, 2006.

The Department of Veterans Affairs (VA) subsequently appealed the CAVC's decision to the United States Court of Appeals for the Federal Circuit. On May 8, 2008, the Federal Circuit issued a decision reversing the decision of the CAVC in Haas v. Peake. See VA&R Bulletin 16-08, dated May12, 2008.

On June 23, 2008, the attorneys for Mr. Haas, the National Veterans Legal Services Program (NVLSP), filed a Combined Petition for Panel Rehearing or Rehearing En Banc. On June 30, 2008, The American Legion,
Military Order of the Purple Heart, and United Spinal Association filed an Amici Curiae Brief in support of Mr. Haas' petition for rehearing. VA filed its opposition to the petition for rehearing on September 12, 2008, and on October 9, 2008, the Federal Circuit denied the petition for rehearing.

Final Disposition of Haas - On October 17, 2008, Mr. Haas' attorneys filed a Petition for a Writ of Certiorari in the U.S. Supreme Court asking the Court to overturn the Federal Circuit's decision in Haas that denied Agent Orange-related VA benefits to Blue Water Vietnam Veterans. See VA&R Bulletin, dated October 28, 2008. The American Legion and the other organization noted above filed an Amici Curiae Brief in support of that petition.

On January 21, 2009, the Supreme Court denied the petition for Writ of Certiorari, ending any further legal challenges in the matter of Haas v. Peake. The VA is now free to adjudicate Haas-related claims in accordance with the May 2008 Federal Circuit Court decision.

The American Legion's Position - The American Legion has had a longstanding position (resolution) supporting the premise that shipboard service in Vietnam's territorial waters constitutes service in the Republic of Vietnam for the purpose of presumption of exposure to herbicides (Agent Orange) during the Vietnam War. We will continue to seek and support legislation which seeks to clarify the definition of service in the Republic of Vietnam, for the purpose of presumption of exposure to Agent Orange, to include  service in the territorial waters offshore.

§

 

veterans benefits in the american recovery and reinvestment act of 2009:

H.R. 1, signed into law on February 17, 2009 by President Barrack Obama as The American Recovery and Reinvestment Act of 2009, contains several items that are of particular import to veterans. Although one of the portions of the Act addresses offshore veterans in the Philippines, there is also relief included for disabled veterans at home, as well as for others.

 

Veterans of the Philippines from World War II will receive recognition for their service during that war, as well as lump sum payments to all living Filipino World War II veterans, those receiving benefits already, as well as those who are not currently in receipt of disability benefits. The payments authorized amount to one time payments of $9,000 to each non-US citizen veteran of the Philippines, and $15,000 to each veteran of the Philippines who is a U.S. citizen and residing in the United States. The stimulus package sets aside 198 million dollars for the veterans of the Philippines. Of the over 200,000 Filipinos who fought for the United States in World War II, fewer than 18,000 are alive today.

 

The provision calls for benefits to be available to such veterans during a one-year period from the date of enactment. Veterans are being told to file as soon as they are eligible. Applications must be submitted by Feb. 16, 2010, and are currently being processed through the Philippine Veterans Affairs Office located in Quezon City at Camp Aguinaldo. Veterans living in the United States should contact their local VA Regional Office.

 

Disabled Veterans and those receiving Pension:  Veterans in receipt of service-connected compensation or non service-connected pension, as well as survivors in receipt of Dependency and Indemnity Compensation (DIC), will receive a one-time stimulus payment of $250. The legislation orders the Secretary of the Treasury to disburse a $250 payment to each individual who fulfills the conditions set aside, for any month during the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act. Therefore, veterans in receipt of compensation and pension benefits during any of the months of November or December 2008, and/or January of 2009 are eligible for this payment.

 

The criteria for eligibility are listed as follows:

(iii) VETERANS BENEFIT- A benefit payment described in this clause is a compensation or pension payment payable under—

(I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code;

(II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code;

(III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or

(IV) section 1805, 1815, or 1821 of title 38, United States Code, to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code,

 

The legislation also provides this benefit to citizens in receipt of certain Social Security benefits as well as those receiving benefits under the Railroad Retirement Benefit. Citizens are not entitled to receiving this benefit from multiple sources. If a veteran is also in receipt of one of these other benefits, the $250 payment will only be issued once.

 

Plans call for an automatic matching system to be coordinated between the Veterans Benefits Administration and the Treasury Department to administer the funds. The specific regulation regarding this disbursement, yet to be written, will cover the details of the timeline by which veterans can expect to receive this payment, as well as recourse for veterans who believe they deserve this payment but have not been issued it.
§

 

va changes global war on terror claims priority:  In 2007, the Department of Veterans Affairs (VA) made the decision to grant priority status in claims processing to veterans of the Global War on Terror (GWOT). The decision was based on the fact that GWOT veterans were in the process of transitioning from the service, whereas veterans from other periods had already completed their transition.

 

Since that time, many GWOT veterans have benefited from this prioritization. Most of these veterans have completed their transition. Like veterans from other periods, some are now reopening their claims to request an increase in benefits. Currently both original and supplemental (reopened) claims are handled on a priority basis. 

 

In an effort to be consistent with the original reasoning for establishing a priority, VA is adjusting its prioritization criteria.  Accordingly, for all claims received on or after February 2, 2009, the following criteria will apply to establish GWOT prioritization for compensation and pension claims and appeals:

 

1. A claim from a GWOT veteran within six months of separation.

2. A supplemental claim from a GWOT veteran for PTSD where PTSD is not already service connected.

3. An appeal from a GWOT veteran of his/her initial claim following GWOT service.

 

There will be no change to the way GWOT claims from very seriously injured (VSI) and seriously injured (SI) GWOT veterans are processed. 

 

No changes are being made to GWOT prioritization in any other Veterans Benefits Administration (VBA) program.

§

 

VA to settle identity theft claims: The Department of Veterans Affairs (VA) agreed to pay $20 million to veterans for exposing them to possible identity theft in 2006 by losing their sensitive personal information.

 

In court filings, lawyers for the VA and the veterans said they had reached agreement to settle a class-action lawsuit originally filed by five veterans groups alleging invasion The money, which will come from the U.S. Treasury, will be used to pay veterans who can show they suffered actual harm, such as physical symptoms of emotional distress or expenses incurred for credit monitoring.

 

The lawsuit came after a VA data analyst in 2006 admitted that he had lost a laptop and external drive containing the names, birth dates and Social Security numbers of up to 26.5 million veterans and active-duty troops.  The laptop was later recovered intact, but a report by the VA inspector general faulted both the data analyst and his supervisors for putting veterans at unreasonable risk. The data analyst had lost the information when his suburban Maryland home was burglarized on May 3, 2006, after taking the data home without permission.

 

The VA employee promptly notified his superiors, but due to a series of delays, veterans were not told of the theft until nearly three weeks later, on May 22.  Then-VA Secretary James Nicholson later said he was “mad as hell” that he wasn’t immediately told of the burglary.

 

According to the proposed settlement, veterans who show harm from the data theft will be able to receive payments ranging from $75 to $1,500. If any of the $20 million is left over after making payments, the remainder would be donated to veterans’ charities agreed to by the parties, such as the Fisher House Foundation Inc. and The Intrepid Fallen Heroes Fund.

 

Notices about the proposed settlement will be published in magazines and newspapers around the country, with a toll-free number and other contact information for veterans.  VA has yet to provide details of the application process or the 1-800 number, but The American Legion will provide a detailed update of this information when it is made available by VA.
§

Relaxation of Priority Group 8 Enrollment Restrictions: The Department of Veterans Affairs has received increased funding through Public Law 110-329 to alleviate some of the restrictions on Priority Group 8 enrollment. The adjustment applies to veterans who were not allowed to enroll in the VA health care system in the past because their income fell above the VA’s means tests threshold (MTT). This new provision stipulates that the veteran’s income cannot fall beyond the limits of 10 percent and goes into effect June 2009.

 

Veterans who apply for enrollment starting January 1, 2009, but before June 2009 and whose income surpasses the MTT or geographic means test (GMTT) by 10 percent will not be enrolled in the VA health system. However, the VA will make a re-determination after the effective date. Veterans whose applications were submitted prior to January 1, 2009, and were disapproved due to the MTT and GMTT will have to be re-submitted in order to be considered for the new provision.

§

 

coming home at ease:  Coming Home at Ease" Offers State of Mind for Returning Service Members. This 3-½ day program is offered to BAE Systems employees, family members, and friends who have recently returned from active duty.  A partnership between BAE Systems, the New Hampshire American Legion Post 27, and Moore Mart makes it possible to offer this training at no cost to participants.

 

The session will be facilitated by Pransky and Associates - the same provider who has been delivering principle-based well-being seminars to BAE Systems employees for over 10 years.

 

In support of our commitment to Protect Those Who Protect Us, what better way to show our appreciation for these brave men and women than to give them an opportunity to learn about the same principles that have helped hundreds of our employees to be less stressed and more resilient, confident and hopeful?

 

The course format is essentially lecture-based with question and answer periods.  No "sharing" or other participation will be required other than listening.  Participants are free to participate at whatever level is comfortable for them.  Spouses or partners are also welcome if space is available.

 

The program consists of a Thursday evening session and full days on Friday, Saturday, and Sunday, March 19-22 at the SERESC conference center in Bedford, NH.  In order to get the full benefit of the program, participants must attend all of the sessions.  More details on time and location will be provided upon registration. Class size is limited to 100 people.  The registration deadline is March 10.

 

If you would like to attend or register a family member or friend, please contact Lisa Perry at lisa.perry@baesystems.com or 603.885.9113.  If you have questions about the program itself, contact

Cheryl Bond at cheryl.a.bond@baesystems.com or 603.885.1082.

§