From: FRA NewsBytes [Newsbytes@fra.org]
Sent: Saturday, March 20, 2010 03:35
To: fra@fra367.org
Subject: FRA Newsbytes -- 03-19-10
In this week's NewsBytes:
FRA Seeks Improved VA Claims Processing, Health Care Access and Equity for "Blue Water" Veterans
Health Care Debate Continues
Push for SBP/DIC Offset Repeal in House
Veterans Committee Requests Additional Funding
PDBR Reviews Disability Rating of 20 Percent or Less


FRA Seeks Improved VA Claims Processing, Health Care Access and Equity for "Blue Water" Veterans
FRA's National Executive Director (NED) Joe Barnes expressed the Association's top veterans' concerns this week before a joint hearing of the House and Senate Veterans' Affairs (VA) Committees, asking the committees' support to resolve chronic claims-processing backlog of pending disability claims, ensure maximum health care access for all veterans, and eliminate restrictions on disability claims filed by veterans who were exposed to herbicides while serving off the coast of Vietnam. FRA also asked lawmakers to improve the Dependency Indemnity Compensation (DIC) program and ensure timely disbursement of Post-9/11 GI Bill education benefits.

During the hearing, FRA thanked Congress for authorizing a two-year budget cycle for the Department of Veterans' Affairs (VA) health care program and the significantly increased funding in recent years to support VA hospitals, clinics and other important programs, including care and support for veterans suffering from Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). FRA also shared concerns about the level of proposed FY2011 funding for construction projects and information technology.

The Association also noted the increase in funding for prosthetic research in FY2011, but expressed concern about proposals to freeze other medical research accounts at 2010 levels.

FRA's full statement, available at www.fra.org

Health Care Debate Continues
Although pending health care reform legislation will not directly impact military and veterans' health care benefits, FRA remains concerned about the proposed cuts to Medicare reimbursement rates that is slated to take effect on April 1st. Unless Congress extends the deadline or takes steps to amend the reimbursement formula, both Medicare and TRICARE reimbursement rates will be cut by 21 percent, forcing many providers to stop seeing Medicare and TRICARE beneficiaries. As reported in last week's NewsBytes, the Senate has passed legislation (H.R. 4213) that would delay the cuts until January 1, 2011, but unless the measure is also passed by the House and signed by the President, these cuts could impact thousands of shipmates and others who depend on these programs.

This is top priority for FRA and members are urged to use the FRA Action Center at www.fra.org to ask their U.S. Representative to pass this important bill.

Push for SBP/DIC Offset Repeal in House
Representative Walter B. Jones, Jr. (N.C.) filed a Discharge Petition for H.R. 775, an FRA-supported effort that calls for the elimination of the Dependency and Indemnity Compensation (DIC) offset experienced by Survivor Benefit Plan (SBP) annuitants. A discharge petition allows a bill to be released from committee and sent to the House floor for consideration if a majority of representatives approve the petition. (The bill currently has 324 sponsors.)  

Eliminating the DIC dollar-for-dollar offset to SBP annuities for eligible survivors would correct an inequity that has existed for many years. Each payment serves a different purpose: DIC is a special compensation paid by the Department of Veterans Affairs (VA) to the survivor when a military member's death is service-connected. SBP annuities are paid by the Department of Defense (DoD), reflect the longevity of the service of the military member, and are usually calculated at 55 percent of covered retired pay for retirees who elect to participate to ensure their family has a guaranteed income after his/her death.

Members are urged to use the FRA Action Center (www.fra.org) to contact their US Representative to ask them to support the discharge petition.

Veterans Committee Requests Additional Funding
Senate Veterans' Affairs Committee Chairman Daniel K. Akaka (Hawaii) was joined by a majority of committee members in recommending a $380 million increase in discretionary funding above the President's FY2011 VA budget proposal.  The following additions were recommended as part of the committee's "Views and Estimates" letter to the Senate Budget Committee last week:

Upgrading an aging hospital infrastructure: $235 million for VA construction;

Supporting family caregivers: $57 million for a new program to support family caregivers, tied to Akaka's effort to establish a permanent caregivers support program (S. 1963);

Helping disabled veterans train for new employment: $20.5 million for vocational rehabilitation and employment;

Improving technology: $30 million for information technology;

Investing for the future: $25.5 million for VA research; and

Strengthening oversight within VA: $12 million for the Office of Inspector General.

The letter also recommends that the budget include mandatory funding for the VA and support a reasonable increase in the Specially Adapted Housing Grant programs which make it possible for severely disabled veterans to live more independently in residential housing.

"Views and Estimates" are a formal part of the annual budget process in which congressional committees recommend funding levels for programs and activities under their legislative jurisdiction. The House and Senate Budget Committees review these recommendations when formulating the proposed Budget Resolution for the upcoming fiscal year. FRA provided its written recommendations to the House and Senate Veteran Affairs Committees earlier and provided testimony this week (see story above).  

PDBR Reviews Disability Rating of 20 Percent or Less
FRA and other Military Coalition (TMC) members sent a letter this week to Under Secretary of Defense for Personnel and Readiness Clifford Stanley, asking him to "get the word out" on the Department of Defense's (DoD) Physical Disability Review Board (PDBR). The PDBR was mandated by Congress to reassess the accuracy and fairness of the combined disability ratings for service members who were separated from service rather than medically retired because of medical conditions. In order to be eligible for a PDBR review, service members must have been medically separated between September 11, 2001, and December 31, 2009, with a combined disability rating of 20 percent or less, and found ineligible for retirement. More than 60 percent of those who have appealed their disability rating have been improved to a disability retirement status.  Unfortunately less than 1,000 of the 77,000 eligible veterans have applied to the PDBR.  FRA wants DoD to do more to make eligible veterans aware of this opportunity to appeal their disability rating.

This review panel, established by FY2008 Defense Authorization Act (NDAA), is authorized to recommend an increase in a disability rating, uphold the previous finding, or issue a disability rating when the previous board did not assign one. The board, however, is not able to recommend a lower rating. Eligible veterans can request a board review by submitting a Department of Defense Form 294, Application for Review of Physical Disability Separation from the Armed Forces of the United States, which is available at www.defense.gov.

Veterans requesting a review must mail their completed and signed DD Form 294 to SAF/MRBR, 550 C St. W., Suite 41, Randolph Air Force Base, TX 78150-4743. Applicants may submit statements, briefs, medical records or affidavits supporting their application.

This week's Military Update column (3-18-10) by Tom Philpott, available at www.fra.org, addresses the PDBR and the associated need for more physicians to re-determine disability ratings.  
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