RAO BULLETIN 02/01/10

THIS BULLETIN CONTAINS THE FOLLOWING ARTICLES

== Veteran Employment [06] ———— (968,000 Unemployed)

== Tricare Regional Contracts [05] ——- (No changes in 2010)

== NARA Data Breach —————– (250,000 Compromised)

== Tennessee Veteran Cemetery ———————– (Overview)

== Tennessee Veteran Cemetery [01] —– (East TN Expansion)

== Cold War Experiments Lawsuit [01] — (Approved for Trial)

== BrainPort Vision Project — (Blind Vet Participants Sought)

== Credit Card Charges [04] ———– (Effective 22 FEB 2010)

== Telemarketing Call Elimination [08] — (09Biennial Report)

== Seniors Healthcare Costs —————————- (Big Jump)

== GI Bill [66] ————————— (Shared Responsibilities)

== GI Bill [67] ———— (Automated Claims System Schedule)

== GI Bill [68] —————— (Advance Payment Recoupment)

== GI Bill [69] ———————————- (Hotline Problems)

== VA Blue Water Claims [10] —————– (VA Policy 211)

== VA Claim Error Rate [02] ———– (IG Reports VA Errors)

== USERRA [10] —————— (Law’s Reservist Protections)

== Vet Jobs [13] ———– (New Federal Employment Website)

== Medicare Reimbursement Rates 2010 [03] —– (Vet Impact)

== Medicare Reimbursement Rates 2010 [04] — (5 Year Patch)

== TSP [26] ———————————————- (2009 YTD)

== VA Health Care Enrollment [02] —— (2010 Income Limits)

== VA Pension [01] ———————————– (2010 Rates)

== Mobilized Reserve 26 JAN 2010 ———— (7,704 Increase)

== Tricare Social Media — (Communication Source Expansion)

== PTSD [36] ————————– (More Reliable Diagnosis)

== PTSD [37] ————————— (NVLSP Lawsuit Results)

== VA Claims Backlog [33] —————— (Florida Concerns)

== VA VLER (Vet Lifetime Electronic Record) —- (Overview)

== VA VLER [01] ———————– (Civilian EHR Security)

== DFAS Retiree Pay Statement [01] ———– (Printing Error)

== Medicare Rates 2010 [03] ———————— (Action Alert)

== Health Care Reform [22] —————— (Tricare Concerns)

== Health Care Reform [23] ——————— (Vet Side Effects)

== Health Care Reform [24] ——————- (Passage Options)

== Utah Veterans Homes [01] —————- (3rd Home Sought)

== Military Stolen Valor [14] ——————– (Phony two-star)

== Tricare Gray Area Retirees [03] ———– (Pricier than TRS)

== Enlistment [08] ———- (Drug/Alcohol Involvement Impact)

== Medicare Fraud [31] ————————- (16-31 Jan 2010)

== Medicaid Fraud [07] ————————- (16-31 Jan 2010)

== Military History Anniversaries ——— (Feb 1-15 Summary)

== Tax Deduction Wisdom [01] ——————- (Homeowners)

== Tax Burden for Maryland Retirees ——————— (2009)

== Veteran Legislation Status 28 Jan 10 —— (Where we stand)

== Have You Heard? ——————- (How to give a pet a pill)

== RAO Bulletin Non-receipt ————— (New & Old format)

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Veteran Employment Update 06: Last week, Steve Buyer, the senior Republican member on the House Committee on Veterans Affairs, reached out to Democrat leaders to bring about a bipartisan, legislative effort to assist the record level numbers of unemployed veterans. The most recent data from the Bureau of Labor Statistics shows that 968,000 veterans are unemployed compared with 807,000 last year. The data also shows an alarming 18.3% unemployment rate for veterans between the ages of 20 to 24. “These numbers are inexcusable and reflect the problems that veterans of every age group face in today’s job market,” said Buyer. “Congress must act to approve a jobs bill for veterans that will help stimulate the economy by expanding opportunities for veteran owned small businesses.” In December 2009, Buyer introduced H.R.4220, the Promoting Jobs for Veterans Act of 2009 to help veterans find meaningful employment and career opportunities. “Addressing the high unemployment rate among veterans must be among Congress’ top priorities for the second session of the 111th Congress,” continued Buyer. “H.R. 4420 would reduce veterans’ unemployment through targeted incentives to provide job training and entrepreneurial opportunities to those went from the battlefield to the unemployment line.” The bill contains the following provisions:

Re-authorizes the Department of Veterans Affairs (VA) Veteran Owned Small Business Loan Guaranty Program which would guarantee loans up to $500,000;
Creates a new Troops-to-Teachers program to pay new teachers who are veterans, and teaching in a rural area, a $500 monthly stipend;
Increases the Veterans’ Workforce Investment Program (VWIP) authorization from $9 to $20 million;
Increases the Vocational Rehabilitation monthly stipend to an amount equal to the maximum housing stipend under the post 9/11 GI Bill;
Creates a two-year paid VA internship program for up to 2,000 vocational rehabilitation participants;
Provides a zip code based housing stipend for unemployed veterans participating in a VA approved OJT/Apprenticeship program.
Establishes a VA website link to reputable veteran employment websites and nationally advertise the “Vet-success” website created by the Vocation Rehabilitation Program;
Expands VA authority to enter into sole source contracts with veteran owned small businesses;
Raises the priority status for veteran owned small business–to attain government procurement contracts–to the same level as minority and women owned small businesses;
Extends 8(a) eligibility for small businesses owned by individuals on active duty.

On a sad note, word has been received that Congressman Steve Buyer (R-IN), Ranking Member on the Veterans’ Affairs Committee and one of the principal leaders in establishing Tricare for Life, announced his retirement from Congress at the end of this term. Cong. Buyer will retire to assist his wife, Joni, who has been diagnosed with what doctors call an “incurable” autoimmune disease. [Source: TREA Washington Update 29 Jan 2010 ++]

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Tricare Regional Contracts Update 05: Millions of Tricare beneficiaries who were facing changes in support contractors on 1 APR will not have changes at all this year. The Government Accountability Office (GAO) has upheld claims that the winning bids, worth $38 billion over five years, were unfair, which delays any changes in contractor until at least 1 MAR 2011. This means that no beneficiary will need to change phone numbers or Web sites to make appointments. The GAO found several points to uphold and further investigate the claims, the largest of which was concern that Aetna Government Health Plans, which won the bid against current north regional contractor Health Net, used proprietary information to form its bid, provided by a former chief of staff at Tricare Management Activity (TMA), who still had access to private information and sensitive documents. Humana, which currently serves the south region of Tricare, also won its protest of a $21 billion contract awarded to UnitedHealth Military & Veterans Services, claiming that the contracting officer did not correctly weigh the value of fee discounts Humana was offering via its care providers. Both Humana and TriWest Healthcare Alliance, whose bid was not disputed, have had their contracts extended to March 31, 2011, as well. [Source: NGAUS Leg Up 29 Jan 2010 ++]

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NARA Data Breach: Personal information for 250,000 Clinton administration staff and White House visitors sent to the National Archives was compromised after a computer hard drive containing confidential material disappeared nearly a year ago, RollCall.com reported Wednesday. The National Archives and Record Administration (NARA) sent letters to former White House staff members and visitors during the Clinton era, informing them of the data breach and warning that highly sensitive information, like Social Security numbers, has been put in jeopardy, according to the newspaper. “NARA is attempting to inform all individuals whose personally identifiable information was contained on the missing hard drive,” acting archivist Adrienne Thomas reportedly wrote in the letter. The hard drive was part of a storage collection containing contents of computers of former Clinton administration employees, including one of former Vice President Al Gore’s daughters, whose Social Security number was on the drive. The hard drive was reported missing in March 2009, according to the newspaper. [Source: FOXNews.com 27 Jan 2010 ++]

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Tennessee Veteran Cemetery: Tennessee has five National and three state veteran cemeteries. The Chattanooga and Mountain Home National facilities have space available to accommodate casketed and cremated remains. However the other national sites only have space available for cremated remains. They may be able to accommodate casketed remains in the same gravesite of previously interred family members. For space availability in state facilities call the numbers provided below. At state facilities there is a $300.00 fee for the interment of a veteran’s spouse or eligible dependent children that must be paid prior to or the day of the burial. Facilitiey

locations are:

Chattanooga National Cemetery, 1200 Bailey Avenue, Chattanooga TN 37404 Tel: (423) 855-6590 or 6591 FAX: (423) 855-6597.
Knoxville National Cemetery 939 Tyson Street, NW, Knoxville TN 37917 Tel: (423) 855-6590 or 6591 FAX: (423) 855-6597.
Nashville National Cemetery, 1420 Gallatin Road, South, Madison TN 37115-4619 Tel: (615) 860-0086 or 0230 FAX: (615) 860-8691.
Memphis National Cemetery, 3568 Townes Avenue, Memphis TN 38122 Tel: (901) 386-8311 FAX: (901) 382-0750.
Mountain Home National Cemetery, P.O. Box 8, Mountain Home TN 37684 Tel: (423) 979-3535 FAX: (423) 979-3521.
East Tennessee State Veterans Cemetery, 5901 Lyons View Pike, Knoxville TN 37917 Tel: (865) 594-6776.
Tennessee State Veterans Cemetery, 4000 Forest Hill Irene Rd, Memphis, TN 381254000 Forrest Hill/Irene, Memphis TN 38122 Tel: (901) 543-7005.
Middle Tennessee State Veteran’s Cemetery, 7931 McCrory Lane, Nashville TN (615) 532-2238

Internment eligibility in National cemeteries is in accordance with the guidelines provided at www.cem.va.gov/bbene/eligible.asp. Internment eligibility in Tennessee’s state veteran cemeteries extends to:

Any person who served on active duty in the Armed Forces of the United States (Army, Navy, Air Force and Marine Corps) who was discharged or released there from before 7 SEP 80 under conditions other than dishonorable.
Any member of the Armed Forces of the United States who died while on active duty.
Any person who served on active duty in the Armed Forces of the United States who entered active duty as an enlisted person after 7 SEP 80, and officers commissioned who entered active duty after 17 OCT 81, and whose discharge or separation from active military service was under “other than dishonorable'” conditions. A person whose first tour of duty began on or after the dates listed above is eligible if he or she completed a continuous period of active duty of at least 24 months or the full period for which called or ordered to active duty, whichever is shorter or was released because of a hardship discharge, or has a compensable service connected disability or was released because of a service connected disability.
Reserve & National Guard members who are in receipt of compensation or pension from the VA are eligible for burial and do not have to pay the plot allowance, except when the claim is denied by the U. S. Department of Veterans of Affairs.
Reserve & National Guard members who completed twenty or more years of reserve or guard service and are entitled to retirement pay. This category of veterans does not qualify for the $300.00 plot allowance, headstone and flag at government expense. Costs must be paid prior to burial.
Reserve & National Guard members are also eligible for burial under the following five (5) categories and do not have to pay the plot allowance cost, except when the claim is denied by the U. S. Department of Veterans Affairs.

Dies under honorable conditions while undergoing active duty for training.
If called to active duty, completes the full period for which called up.
Dies under honorable conditions while performing full time AGR service.
Completed at least 24 months of active service.
Discharged due to service connected disability while on active duty.

For additional information on veteran burial in Tennessee refer to www.state.tn.us/veteran/burial.html . [Source: www.state.tn.us Jan 2010 ++]

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Tennessee Veteran Cemetery Update 01: Local veterans concerned about the quality and accessibility of their final resting place voiced strong reservations 15 JAN about state officials’ plans for a new veterans’ cemetery across the French Broad River from the blasting operations of a local quarry. Tennessee Veterans Affairs Commissioner John Keys didn’t outright say that the 68-acre site in Southeast Knox County was a done deal, although he warned that any change of plans at this stage could jeopardize the project’s approved federal funding. And the estimated $2.4 million cost of the cemetery’s construction is solely federally funded. Keys said the current East Tennessee Veterans Cemetery on Lyons View Pike is expected to reach its full capacity by next year. And the original plan to expand the cemetery across the road to Lakeshore Park was scrapped after federal officials deemed the expansion site unacceptable in NOV 09. Knoxville City Council members are set to vote on a tentative agreement to buy the newly proposed cemetery site off Gov. John Sevier Highway for $1.4 million and swap it with the state for 17.2 acres at Lakeshore Park.

Some veterans worry about possible disturbances from weekly blasts at the gravel quarry, and that funeral processions to the former farmland site would have to unduly compete with traffic from the nearby Forks of the River Industrial Park. Noise and seismic monitoring data collected in and around the quarry since MAR 09 indicate that the blasting is well within state standards, said Helen Hennon of Quantum Environmental & Engineering Services, the firm that conducted the project’s environmental assessment. Hennon said she heard many of the same stories some veterans had from residents adjacent to the site, who claimed to have cracked home foundations from the blasting. She said the quarry has refined its operations within the past year, though. Yet Hennon also said that the monitoring data cited in the environmental assessment were previously collected by a firm working under contract for the quarry owners. She said the assessment was due this month before any independent monitoring could be done. John Strange, a veteran of the US Navy, said he fears the quarry blasts could break monuments and burial vaults. “My daughter has had two or three wells have their bottoms knocked out up there. Pictures fall off the walls,” Strange explained. [Source: Knoxsville News Sentinel Hayes Hickman article 25 Jan 2010 ++]

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Cold War Experiments Lawsuit Update 01: Morrison & Foerster has won the right to proceed with a case against the CIA, the Department of Defense, and the U.S. Army, filed on behalf of veterans rights organizations Vietnam Veterans of America and Swords to Plowshares, along with six veterans with multiple diseases and ailments, tied to a secret testing program in which U.S. military personnel were deliberately exposed to chemical and biological weapons and other toxins without informed consent. Plaintiffs seek declaratory and injunctive relief that would free them from their secrecy oaths and grant them healthcare that they were promised. On 19 JAN 2010, Judge Claudia Wilken of the U.S. District Court, Northern District of California, issued an order that overruled the government’s main arguments to dismiss the case, which were based upon lack of jurisdiction, failure to state a claim for relief, statute of limitations, sovereign immunity, and standing. “The victory obtained for us by our attorneys at Morrison & Foerster finally gives us a chance to redress one of the unfortunate decisions that has made veterans second class citizens,” said Paul Cox, Board of Directors Member at Swords to Plowshares.

The court also dismissed a direct challenge to the Feres doctrine, which is an exception to the waiver of sovereign immunity that was created by the Supreme Court during the Cold War. According to Rick Weidman, Executive Director for Policy and Government Affairs at Vietnam Veterans of America, “the government became immune to damages suits by military veterans after Feres so the use of soldiers became cheaper than using guinea pigs.” The human experimentation program launched in the early 1950s and continued through at least 1976 when it was suspended in response to hearings conducted by Congress. Thousands of experiments took place at the Edgewood Arsenal and Fort Detrick, as well as several universities and hospitals across America contracted by the Defendants. “Volunteers” were exposed to thousands of toxins under code names such as MKULTRA, including drugs such as LSD, mescaline, and cannabis; biological substances such as plague and anthrax; and noxious gases such as sarin, tabun, and nerve gases. “The government has long reconciled its war prosecutions and reliance on international treaties with secret actions on its part. As the case moves forward, perhaps we will finally learn an answer to why our vets were made victims at Edgewood,” said Michael Blecker, Executive Director at Swords to Plowshares.

Morrison & Foerster Senior Counsel Gordon Erspamer is the lead attorney representing the veterans, along with partner Timothy Blakely and associates Stacey Sprenkel, Adriano Hrvatin, Tim Reed, and Jonathan McFarland. The case came on the heels of an earlier case the firm filed on behalf of veterans afflicted with Post-Traumatic Distress Disorder, which is now pending in the Ninth Circuit Court of Appeals. The firm is handling both cases pro bono. The trial should be held either this summer or this fall in San Francisco, hopefully it will be given class action to that it will represent the entire 7120 veterans, their widows and their children, who have been deprived the veterans benefits the victims of these immoral and ill thought out hazards to human health. One of the litigants stated: The government has stated that this will never happen again, somehow I don’t trust them. The term “national security” has been used to hide many nasty things done in this nations name. Rendition, torture, up to and including abusing its own military personnel as this case shows. Then they use every means possible to deny it ever happened, they lie about it, they lie about the men who talk about it, they lie to us, they lie to Congress, they lie to Generals in charge, they lie to any and all involved in investigating them. I have been told I was NOT used in any “secret test programs” no I never claimed I was, I plainly stated I was used in a known classified project at Edgewood Arsenal, nothing more and nothing less. I have the files to prove I was there, can I prove what I was exposed to, no, I have had Congressman tell me that they have been informed by the Army that I was never there, I was not exposed to anything, I was sent home sick in JUL 74, despite Army records that prove I was at Edgewood Arsenal from 25 JUN thru 22 AUG 74. What took place during that 59 day period is classified, but it did happen.

The law firm’s position is that after decades of ignoring these veterans and their families, it is finally time for this nation to accept their responsibility for these men and women. We just went to war against Saddam Hussein for using WMDs primarily Sarin and Mustard agents against the Kurds, what did these 7120 soldiers do to the government of the US to deserve being used and abused by them? Justice demands that this nation give these men and women medical care and if appropriate compensation for their medical conditions caused by the “classified experiments” 35-55 years ago. It is time to honor these volunteers for the danger they placed themselves in to enable the development of chemical, biological safety equipment to protect today’s soldiers. They did not even give these men the promised Army Commendation or Soldiers medals they were promised, let alone the promotions we were promised. Maybe a federal court can make the military keep it’s “honor” since they decided to use and abuse and then ignore these men and women due to the true costs of doing the “right thing” decades ago. [Source: Morrison & Foerster Press release 20 Jan 2010 ++]

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BrainPort Vision Project: For those who are blind, the non-surgical BrainPort vision device is an investigational assistive device for orientation, mobility, object identification, and spot reading. It enables perception of visual information using the tongue and camera system as a paired substitute for the eye. Visual information is collected from a video camera and translated into gentle electrical stimulation patterns on the surface of the tongue. Users describe it as pictures drawn on their tongue with champagne bubbles. With training, users may perceive shape, size, location, and motion of objects in their environment. The BrainPort vision device is intended to augment rather than replace other assistive technology such as the white cane or guide dog. The BrainPort device was demonstrated by Cpl. Mike Jernigan, a medically retired Marine who lost both eyes after being wounded by a roadside bomb in Iraq in 2004, during the McGowan Institute for Regenerative Medicine First Open Meeting. The device could be approved by the U.S. Food and Drug Administration for market by the end of 2009 at a cost of about $10,000 per machine.

Dr. Amy Nau, an optometrist and director of the University of Pittsburgh Medical Center’s Eye Center Contact Lens and Low Vision Services, is conducting a nationwide search for blind veterans of all ages to participate in a research study on BrainPort. Once study participants have been trained on the device, they will return home where they will be asked to use the BrainPort daily and document their experiences and findings. If you are a veteran of the U.S. military and are legally blind, you may qualify to participate in the University of Pittsburgh Medical Center’s BrainPort study. For more information, contact the medical center at (412) 647-2481, or e-mail Gail Engleka at [email protected], or visit the McGowan Institute for Regenerative Medicine website http://www.mirm.pitt.edu/news/article.asp?qEmpID=476. [Source: Military.com Benefits artic;le 4 Jan 2010 ++]

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Credit Card Charges Update 04: The Federal Reserve’s new rules for credit card companies mean new credit card protections for you. Here are some key changes you should expect from your credit card company beginning on 22 FEB 2010:

Rates, fees, and limits: Your credit card company has to tell you when they plan to increase your rate or other fees and how long it will take to pay off your balance. There can be no interest rate increase for the first year after you open an account. There are some exceptions including a late payment of more than 60 days or an introductory rate. If your credit card company does raise your interest rate after the first year, the new rate will apply to new charges you make. If you have a balance, your old interest rate will apply to that balance.
Restrictions on over-the-limit transactions. You must tell your credit card company that you want it to allow transactions that will take you over your credit limit. Otherwise, if a transaction would take you over your limit, it may be turned down. If you do not opt-in to over-the-limit transactions and your credit card company allows one to go through, it cannot charge you an over-the-limit fee. If you opt-in to allowing transactions that take you over your credit limit, your credit card company can impose only one fee per billing cycle. You can revoke your opt-in at any time.
Caps on high-fee cards. If your credit card company has an annual fee, the fee cannot total more than 25% of the initial credit card limit. For example, if your initial credit limit is $500, the fees for the first year cannot be more than $125. This limit does not apply to penalty fees, such as penalties for late payments.
Protection for underage consumers. Cardholders under age 21 will need to show they are able to make payments; otherwise a cosigner may be required.
Billing and payments. Your credit card company must mail or deliver your credit card bill at least 21 days before you payment due date. In addition, your due date must be the same date each month. The payment cut-off time cannot be earlier than 5 p.m. on the due date. If your payment due date is on a weekend or holiday (when the company does not process payments), you will have until the following business day to pay. If you make more than the minimum payment on your credit card bill, your credit card company must apply the excess amount to the balance with the highest interest rate. Finally, credit card companies can only impose interest charges on balances in the current billing cycle, thus eliminating “double-cycle” billing.

Be an informed consumer and review your credit card statements and disclosures. Contact your credit card company with questions or seek guidance from a military aid society, your local military bank, credit union, or Military OneSource. For additional info on Federal Reserve’s rules refer to www.federalreserve.gov/consumerinfo/wyntk/creditcardrules.htm. [Source: NMFA Newsletter 26 Jan 2010 ++]

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Telemarketing Call Elimination Update 08: The Federal Trade Commission (FTC), as required by The Do-Not-Call Registry Fee Extension Act of 2007, has approved two reports to Congress: a biennial report focusing on the use of the Do Not Call Registry by both consumers and businesses, as well as the impact that new technologies have had on the Registry, and a one-time report on enforcement efforts and consumers’ perceptions of the Registry’s effectiveness. As detailed in the first report, the Do Not Call Registry now has more than 191 million active registrations, and more than 18 million new phone numbers were registered in Fiscal Year (FY) 2009. During that time, approximately 45,000 sellers, telemarketers, and exempt organizations such as charities subscribed to access the Registry, paying fees totaling more than $15.5 million. In addition, during FY 2009, the FTC implemented a new procedure for tracking disconnected and reassigned phone numbers, which addresses problems that may arise as a result of new telecommunications technologies and the ease of transporting numbers from one telephone service provider to another.

According to the second report, since 2003 when the Do Not Call Registry was put in place, research has consistently shown widespread public awareness of the program and a steady increase in the number of phone numbers registered. Together, the FTC and the Federal Communications Commission have collected penalties totaling over $22 million from Registry violators, and due to these enforcement actions and the agencies’ consumer education campaigns, consumers who have joined the Registry have reported dramatic reductions in the number of unwanted calls they receive. The FTC also has brought many enforcement actions against entities that have tried to circumvent the Registry’s rules by falsely claiming to have an established business relationship with consumers. Finally, both the FTC and FCC have adopted regulations that generally prohibit “abandoning” telephone calls – that is, delivering a pre-recorded message instead of connecting a consumer to a live representative when a consumer answer the call. Since DEC 03, the FTC also has brought 18 enforcement actions against telemarketers for unlawfully using pre-recorded mass “robocalls.” The Commission vote approving transmittal of the reports to Congress was 4-0. Both reports can be found on the FTC’s Web site at www.ftc.gov/os/2010/01/100104dncbiennialreport.pdf .

To be added to the National Do not Call registry go to www.donotcall.gov/register/reg.aspx, click the “Registry” tab, and complete the contact info requested .Check your email for a message from [email protected]. Open the email and click on the link to complete your registration. To file a complaint go to https://complaints.donotcall.gov/complaint/complaintcheck.aspx?panel=2 and provide the info requested. You may file a complaint if you received an unwanted call after your number was on the National Registry for 31 days. You may also file a complaint if you received a call that used a recorded message instead of a live person (whether or not your number was on the Registry). Even if your number is registered, charities, political organizations, and telephone surveyors may continue to call you. Companies with which you do business may also continue to call, unless you have asked them to stop calling you. If you have asked them to stop calling, keep a record of the date you made the request and include that information in the comment section of any complaint you submit against that company. Refer to www.donotcall.gov/faq/faqbusiness.aspx for more information about the companies that may continue to call the numbers on the Registry. [Source: www.ftc.gov/opa/2010/01/donotcall.shtm 4 Jan 2010 ++]

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Seniors Healthcare Costs: Seniors received no annual cost of living adjustment (COLA) for 2010, but drug costs and the premiums of prescription drug and Medicare Advantage plans are making some of the biggest jumps in years. Among those coping with the worst cost increases are nearly 11 million people enrolled in Medicare Advantage plans. Premiums of those plans have increased from 25%-32% on average, according to the Kaiser Family Foundation. But 667,000 people with Medicare Advantage plans had to find a new plan altogether for 2010. Insurers cancelled some plans in response to new government spending cuts and requirements. The average monthly premium of Part D drug plans also rose 12%, and many enrollees of those plans are paying higher co-payments or co-insurance costs. According to a study released in May 09 by The Senior Citizens League (TSCL), seniors’ buying power has shrunk by 20% since 2000. If the Social Security COLA were based on the CPI-E, however, retirees with an average benefit of $460 in 1984 would have received about $12,856 more through the end of 2010.

TSCL is highly concerned that seniors are getting put through the wringer and the situation will continue next year. Government economists predict that there may be no COLA again in 2011. Healthcare reform legislation would require even deeper cuts to Medicare Advantage and changes to Part D that would raise premiums for high-income seniors under pending healthcare reform legislation. Unlike other senior advocacy organizations, TSCL is strongly opposed to healthcare reform provisions that raise premiums, and out-of-pocket costs of beneficiaries. TSCL believes that the steep increase in healthcare costs over the past year while the CPI went down and was minus (-1.7) through September 2009 vs. September 2008 is proof that the annual method of calculating the COLA is broken and must be replaced. TSCL strongly supports new legislation that would more fairly and accurately base the annual COLA on a “seniors” CPI and guarantee that beneficiaries receive a minimum COLA of 3% every year.

U.S. Representative Eliot Engel (D-NY-17) introduced the “Guaranteed 3% COLA for Seniors Act of 2009″ (H.R.4193) in Congress on 3 DEC 09. It has since been referred to the House Committee on Ways and Means, and the Committee on Education and Labor, where it is pending further action. The bill, if signed into law, would amend the Social Security Act with regard to the annual Cost of Living Adjustment (COLA) Social Security beneficiaries receive. Currently, the COLA is based upon the Consumer Price Index for Urban Wage Earners (CPI-W), which tracks the spending patterns of young, urban workers. This legislation would calculate the COLA based upon the Consumer Price Index for Elderly Consumers (CPI-E), which tracks the spending patterns of seniors. Also, the bill would guarantee that the Social Security COLA is never less than 3%. [Source: TSCL Social Security and Medicare Advisor, Vol. 15, No. 2 dtd 25 Jan 2010 ++]

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GI Bill Update 66: In a coordinated effort to speed up the processing of Post 9/11 GI Bill education benefits this spring, the Department of Veterans Affairs (VA) announced 20 JAN that it has been reaching out to student Veterans, servicemembers, university officials and other partners to meet its commitment to an aggressive processing goal by 1 FEB 2010. That is the first date spring payments are due and presently VA has processed over 72,000 of the approximately 103,000 spring enrollments received. Since inception of the historic new program last year, VA has paid over $1.3 billion in benefits to more than 170,000 students. “Only by VA and all of our partners working together will students be better served,” said VA’s Acting Under Secretary for Benefits Mike Walcoff. “We are making a concerted effort to reach out to everyone to provide the timely benefits that those who served our nation deserve.”Walcoff said there are “shared responsibilities” between VA, universities and the students to ensure the success of processing the education benefits on time.” To date:

VA has sent letters to university presidents and school certifying officials, state Veterans affairs directors, and notified Veteran service organizations, congressional members and other education stakeholders highlighting VA’s emphasis on the importance of timely submission of school enrollment information.
VA also released a “Hip Pocket” guide and checklist, with helpful tips to assist Veterans in the application process. The guide and checklist can be found on college campuses and VA’s GI Bill Web site, www.gibill.va.gov.
VA is working to provide timely payments to all eligible Veterans to ensure that students are spared the financial hardships which some faced during the fall 2009 term.
To help address the high volume of claims received for the new Post-9/11 GI Bill, VA hired 530employees, bringing the total number of education claims processors to 1,200. Employees have been working mandatory overtime since AUG 09. Additionally, the department awarded a temporary contract to assist with education claims processing.

Veterans, servicemembers, reservists, and members of the National Guard who served on active duty since September 11, 2001 are potentially eligible for the new Post-9/11 GI Bill. It provides payments for tuition and fees, as well as a housing allowance and stipend for books and supplies for many participants. Under the new GI Bill, some members of the armed forces may transfer benefits to a spouse or dependent children. Information about the Post-9/11 GI Bill, as well as VA’s other educational benefit programs, is available at VA’s Web site, www.gibill.va.gov, or by calling 1(888) 442-4551). [Source: VA News Release 20 Jan 2010 ++]

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GI Bill Update 67: Roger Baker, chief information officer at VA, testifying 21 JAN before the House Veterans’ Affairs Subcommittee on Economic Opportunity informed them of some slippage in deployment of the GI bill claims system. The Veterans Affairs Department is on track to unveil in late March the first version of a system to automate processing of educational benefit claims under the post-9/11 GI Bill, but its software capabilities will be more limited than originally planned. The first release of the rules-based software, which the Space and Naval Warfare Systems Center Atlantic is developing in four stages — will allow officials to manage simple claims, but not more complex ones, For example, the initial version will not be able to respond to situations in which veterans add or drop classes. The projected deployment schedule is:

First release will be deployed to a limited number of claims examiners in March so they can gain real-world experience with the system while SPAWAR continues to develop additional rules to handle more complicated claims, according to Baker. Despite the more limited first release, VA expects to meet its original goal of having the system fully launched by DEC 2010. SPAWAR will have developed all the functionality originally intended for the first stage by JUN 2010.
Second release in June will allow VA to move claims examiners off of an interim, semiautomated system launched in 2009.
Third version of the software — which remains on target for a September release — will tie the claims processing technology to VA financial systems for payments to veterans, and the final step will provide a Web interface so veterans can manage their claims.

The learning system was one of the 45 IT projects that Veterans Affairs’ CIO Roger Baker suspended in 2009. Mark Krause, SPAWAR program manager for Veterans Affairs, said without the iterative development approach, VA could have faced a two-year delay in launching the system. “This is a good news story,” he said. VA failed to quickly process post-9/11 GI Bill claims for the fall 2009 semester, requiring the authorization of emergency payments of up to $3,000 per veteran at the end of SEP 09. Keith Wilson, director of the Office of Education Service at the Veterans Benefits Administration, told lawmakers he does not expect any such problems in payments for veterans enrolled in college for the spring 2010 semester. As of last week, VA had received 115,000 claims for that semester, and it will have all those processed for payment by 1 FEB, according to Wilson. [Source: NEXTGOV eNewsletter Bob Brewin article 22 Jan 2010 ++]

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GI Bill Update 68: The Department of Veterans Affairs is beginning the process of recovering advance payments made available during the fall 2009 semester to Veterans and servicemembers who applied for education benefits. “The advance payments were a huge success and helped thousands of student Veterans during the first days of the historic Post-9/11 GI Bill focus on studies and not their finances,” said Keith Wilson, Director of Education Services at VA. “Now, we can get to the business of closing the books on advance payments and focus on supporting Veterans for the spring semester.” VA will begin sending out notification letters this week explaining the repayment process. In October VA instituted an advanced payment process for all eligible students who were currently enrolled in an institution of higher learning for the fall 2009 term to ensure that all Veterans and eligible students were able to focus on their academic studies and not be burdened with financial concerns. As part of that process, a web portal was established to allow electronic submission for advance payment. Advance payments were also made on-site at VA offices around the country. At that time student Veterans were told that advance payments would be deducted from future benefit payments.

In collaboration with the Department of Defense, VA will also notify active duty service members who may have mistakenly applied for the advance payment of their options for returning un-cashed checks or reimbursing deposited funds. VA discontinued advance payments via the website portal following the conclusion of the fall 2009 semester. VA is currently processing approximately 7,000 education benefits daily, up from an average of 2,000 at the beginning of the fall 2009 term. As of 22 JAN the Department has processed more than 105,000 of the approximately 132,000 spring enrollments received. Since the inception of the historic new program last year, VA has paid out more than $1.3 billion in education benefits, and opened the door to higher education to more than 183,000 Veteran students. [Source: VA News Release 23 Jan 2010 ++]

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GI Bill Update 69: If you have had trouble getting your question about GI Bill benefits answered when you call the Veterans Affairs Department’s education benefits call center, you are not alone. VA officials acknowledged almost 90% of calls to the Muskogee, Okla., center never connected between October and December. They either got a busy signal or a message that the call could not be completed. For those who did get through, about 30% of the calls were terminated before their question was answered, either because the caller hung up or was disconnected. Some of the missed calls were from the same person trying again and again to get through, according to VA sources. They base that possibility on statistics showing that there were 1.1 million attempted calls in December but only about 145,000 calls that ended up connecting with people at the call center. High call volume — about 3.5 million attempted calls from October to December — is largely to blame for the missed calls, but a troubled phone system and staffing decisions also were factors.VA spokeswoman Katie Roberts said a decision to close the call center on Thursdays and Fridays to divert employees to process claims is part of the reason for missed calls. That move came after officials decided that processing a backlog of claims was the highest priority, she said.

The call center remains closed two days a week while VA focuses on processing claims for the spring term, hoping to avoid a repeat of benefits delays that plagued the Post-9/11 GI Bill in its first semester. However, officials hope that blocked and lost calls will decrease simply because the total volume of calls is expected to be less as students and schools become more experienced with the new benefit, and because VA will improve its performance in quickly processing benefits and reducing questions about the status of claims. “We anticipate fewer calls coming into the education call center because fewer veterans will have questions about their claims,” Roberts said. “With fewer claims, we will be able to put education call center employees presently being used to process education claims back on the phones during Thursday and Friday.” VA is making progress on processing claims, she said. Last fall, the VA was able to process about 2,000 claims a day. That is up to 7,000 claims a day now, she said. Problems with the call center were raised 21 JAN by Rep. Stephanie Herseth Sandlin, D-S.D., chairwoman of the House Veterans’ Affairs Committee’s economy opportunity panel, who urged VA officials to do something about the problem.

Rep. Herseth Sandlin, whose panel has jurisdiction over the GI Bill, questioned the closure of the call center for two days each week. “While we understand the value of using call center staff to process education claims, VA can have the call center open five days per week by dispersing the same work hours throughout the week,” she said. Another issue is the telephone system itself, she said. When congressional staffers visited the call center, they were told equipment problems “create dropped calls and require constant maintenance,” Herseth Sandlin said. In a statement, Iraq and Afghanistan Veterans of America said they expect better from VA. “It is ridiculous that veterans aren’t able to get the answers they need,” the statement says. “IAVA continues to receive countless phone calls and emails from our members every week detailing problems accessing VA’s GI Bill hotline…”. VA has not made any secret of the reduced hours for the call center hours, which is open M-W 07-1500 CST, VA officials said. People with questions also can try to send an electronic query online. The site accesses a database of answers to frequently asked questions and also allows specific questions to be asked. Limited hours on the days when the call center is open have drawn complaints from students in different time zones, especially on the West Coast. Rep. John Boozman of Arkansas, ranking Republican on the economic opportunity panel, said the hours also prevent students living outside the U.S. from having a reasonable opportunity to get help. He suggested that VA impose a staggered work schedule so the call center is open for more hours. [Source: NavyTimes Rick Maze article 24 Jan 2010 ++]

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VA Blue Water Claims Update 10: The VA Compensation and Pension (C&P) Service has initiated a program to collect data on Vietnam naval operations for the purpose of providing regional offices with information to assist with development in Haas related disability claims based on herbicide exposure from Navy Veterans. To date, they have received verification from various sources showing that a number of offshore “blue water” naval vessels conducted operations on the inland “brown water” rivers and delta areas of Vietnam. They have also identified certain vessel types that operated primarily or exclusively on the inland waterways. The ships and dates of inland waterway service are listed below. If a Veteran’s service aboard one of these ships can be confirmed through military records during the time frames specified, then exposure to herbicide agents can be presumed without further development:

All vessels of Inshore Fire Support [IFS] Division 93 during their entire Vietnam tour

a.) USS Carronade (IFS 1)

b.) USS Clarion River (LSMR 409) [Landing Ship, Medium, Rocket]

c.) USS Francis River (LSMR 525)

d.) USS White River (LSMR 536)

All vessels with the designation LST [Landing Ship, Tank] during their entire tour [WWII ships converted to transport supplies on rivers and serve as barracks for brown water Mobile Riverine Forces]
All vessels with the designation LCVP [Landing Craft, Vehicle, Personnel] during their entire tour
All vessels with the designation PCF [Patrol Craft, Fast] during their entire tour [Also called Swift Boats, operating for enemy interdiction on close coastal waters]
All vessels with the designation PBR [Patrol Boat, River] during their entire tour [Also called River Patrol Boats as part of the Mobile Riverine Forces operating on inland waterways and featured in the Vietnam film “Apocalypse Now”]
USS Ingersoll (DD-652) [Destroyer] [Operated on Saigon River, OCT 24-25, 1965]
USS Mansfield (DD-728) [Destroyer] [Operated on Saigon River AUG 8-19, 1967 and DEC 21-24, 1968]
USS Richard E. Kraus (DD-849) [Destroyer] [Operated on coastal inlet north of Da Nang, JUN 2-5, 1966, protecting Marines holding a bridge]
USS Basilone (DD-824) [Destroyer] [Operated on Saigon River, MAY 24-25, 1966]
USS Hamner (DD-718) [Destroyer] [Operated on Song Lon Tao and Long Song Tao Rivers, AUG 15-SEP 1, 1966]
USS Conway (DD-507) [Destroyer] [Operated on Saigon River, early AUG 1966]
USS Fiske (DD-842) [Destroyer] [Operated on Mekong River, JUN 16-21, 1966]
USS Black (DD-666) [Destroyer] [Operated on Saigon River, JUL 13-19, 1966]
USS Providence (CLG-6) [Cruiser, Light, Guided Missile] [Operated on Saigon River 3 days during JAN 1964]
USS Mahan (DLG-11) [Guided Missile Frigate] [Operated on Saigon River OCT 24-28, 1964]
USS Okanogan (APA-220) [Attack Transport] [Operated on Saigon River JUL 22-23, 29-30, 1968 and AUG 5-6, 1968]
USS Niagara Falls (AFS-3) [Combat Stores Ship] [Unloaded supplies on Saigon River and Cam Rahn Bay, APR 22-25, 1968]. Also, Cam Ranh Bay is a qualifying location for “inland waterway” service.

If you served on any of those vessels during the times specified, you will be granted, without further development and delay, a presumptive exposure to herbicides for the purpose of health care and monetary compensation. Note: This list is not complete. If you served on a ship that entered the inland waterways of Vietnam, please contact [email protected] with as much detail as possible so they can provide this information to the DVA for processing and inclusion in their data base[Source: Compensation & Pension Service Bulletin Jan 2010 Policy 211 ++]

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VA Claim Error Rate Update 02: A new report from the Veterans Affairs Department inspector general will help fuel complaints about an error-filled disability claims process in need of a complete overhaul. Investigators looking at claims processing at the VA regional office in Roanoke, Va., found that 25% of the case files they closely studied had serious mistakes. Some veterans were denied benefits they deserved, and disability compensation was given to others who were not eligible. Many errors involved Vietnam veterans with disability claims related to exposure to the defoliant Agent Orange. In one case, a veteran was underpaid $21,857 because the claims staff did not properly consider a physician’s opinion that coronary artery disease was a complication of service-connected diabetes. In another, a veteran was overpaid $15,640 for a diabetes-related amputation below the knee that he said was related to exposure to Agent Orange in Vietnam. His claims folder contained no evidence that he had served in Vietnam, the IG report says. The report, released in mid-JAN, found similar problems with claims involving traumatic brain injuries. In addition to reviewing claims, investigators looked at the work stations of claims employees to determine if they were following strict rules to protect veterans’ personal information, and they also looked at mail handling procedures. Problems were discovered in both areas, the report says. Thirty percent of the desks inspected contained information that should not have been left unsecured. Investigators found six boxes of unsecured returned mail, about 4,200 pieces in all, containing personal information on veterans. In response to the report, VA officials provided refresher training on handling personal information and stepped up inspections of work stations to make sure policies are followed. More training also is being arranged for claims processors, the report says. [Source: ArmyTimes Rick Maze article 20 Jan 2010 ++]

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USERRA Update 10: Though active-duty guard members/reservists are covered by the Uniform Code of Military Justice and given active-duty benefits like basic pay, housing allowance and medical benefits, most take a 10% to 50% pay cut when mobilized. So any additional rights or protections from the federal government are helpful and often essential to reservists going on or coming off active duty. The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other uniformed services are not penalized or discriminated against based on past, present, or future military service. It provides following basic protections for reservists:

In the Courts

Default judgments: Court can’t enter a default judgment for failure to appear at trial or respond to a lawsuit during a period of active duty.
Stay of Execution of Judgments: Court may stay execution of judgments, court actions, attachments and garnishments, unless guard members/reservist’s ability to comply is not affected by service.
Stay of proceedings: Court may stay civil court proceedings during a period of active duty plus 60 days.

Other Civil Situations

Foreclosure: Guard Members/Reservists are protected against mortgage foreclosures provided certain conditions are met.
Installment Contracts: Guard Members/Reservists are protected from rescission or termination of contract for purchase of real or personal property if deposit is paid before service begins and ability to pay is “materially affected” by service.
Interest Rates: Guard Members/Reservists can petition lenders (loan, credit card, mortgage) to drop rate to 6% for period of active duty.
Life Insurance: Guard Members/Reservists are protected against lapse, termination and forfeiture for nonpayment of premiums for period of military service plus two years.
Taxes: State of residence can tax military income and personal property, but collection of taxes may be deferred for period of active duty plus six months.
Termination of Lease: (One of the most-used provisions of the Act.) Guard Members/Reservists may terminate lease for house or business if lease was entered before active duty and premises are occupied by member or dependents.

Leave

Verbal notification is sufficient for reserve training and military missions.
State missions, such as disaster relief, are not covered, though many states have similar laws of their own.

Employment

Reservists may not be denied employment because of military status.
Employers must reinstate Reservists to their jobs upon return with accrued seniority, promotions or pay raises they would have earned had they not left. For service of less than 31 days, Guard Members/Reservists must return to work at the beginning of the next regularly scheduled shift after travel home and an eight-hour rest period. For service of 31-180 days, Guard Members/Reservists must return no later than 14 days after release. For service of more than 180 days, reservists have up to 90 days to ask for their jobs back.
Employers are not required to pay Guard Members/Reservists while they are gone, but Reservists may use vacation leave.
Employers are required to keep health insurance available. For less than 31 days’ service, insurance must stay in place. For more than 30 days, it may be continued, but reservists may have to pay up to 102% of the premium. Guard Members/Reservists not electing to continue coverage may resume it immediately upon return, with no waiting period or exclusions for pre-existing conditions.
Guard Members/Reservists have protection against job termination for a minimum of six months.

Training

Employers must train or retrain returning Reservists.
Employers must accommodate those returning with disabilities due to service.

Employer/Reservist Disputes

National Committee for Employer Support of the Guard and Reserve (ESGR), supported by the Defense Department, mediates disputes between reservists and employers. Some 4,500 volunteers making up 55 committees are available, and, according to the committee, able to mediate a solution in about 90% of the cases they handle.
Veterans Employment and Training Service (VETS), part of the Department of Labor, handles cases that cannot be resolved by ESGR. It employs 120 investigators who have the authority to issue subpoenas, and if necessary, refer cases for consideration of representation. Service members are encouraged to contact ESGR first with employment-related issues.
Soldiers’ & Sailors’ Civil Relief Act, in addition to USERRA, also protects military members of the military. The Soldier’s and Sailors’ Civil Relief Act was created in 1940 to postpone or suspend certain civil obligations with which military service could interfere.

For more information on your rights, contact: National Committee for Employer Support of the Guard and Reserve,1555 Wilson Blvd., Ste. 200, Arlington, VA 22209-2405 Tel: 1(800)336-4590 or Veterans Employment and Training Service, U.S. Department of Labor, 200 Constitution Ave., NW Room S-1316, Washington, DC 20210 DOL website http://www.vfw.org/index.cfm?fa=news.magDtl&dtl=1&mid=940. [Source: EANGUS Minuteman Update 21 Jan 2010 ++]

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Vet Jobs Update 13: On 9 NOV 09, OPM Director John Berry joined President Obama as he signed the Executive Order on the Employment of Veterans in the Federal Government, which established the Veterans Employment Initiative for the executive branch and the Council on Veterans Employment. The Executive Order underscores to Federal agencies the importance of recruiting and employing Veterans, and assisting transitioning service members seeking employment with the Federal Civil Service. The Council on Veterans Employment, consists of 24 Executive Branch agencies and is chaired by Secretary of Labor Hilda Solis and Secretary of Veterans Affairs Eric Shinseki; OPM Director Berry serves as the Vice Chair and Chief Operating Officer of the Council.

On 21 JAN, the Office of Personnel Management (OPM) announced the official launch of www.FedsHireVets.gov, a critical component of President Obama’s Veterans Employment Initiative that will makes it easier to find federal employment resources. This site helps Veterans, transitioning military service members, their families, HR professionals, and hiring managers to receive accurate and consistent information regarding Veterans employment in the Executive Branch. John Berry, Director of OPM, stated “FedsHireVets.gov will be a one-stop gateway to Veterans employment resources throughout the government. Our goal is to honor Veterans service by helping them find good Federal jobs when they lay the uniform down.” Information on the site will help you understand veterans’ preference, how Federal jobs are filled, and unique veteran appointing authorities designed to help you find a job. The Government invests several billion dollars in the training and development of military service personnel. At the end of Fiscal Year 2008, there were approximately 480,000 Veterans working within the Federal Executive Branch. [Source: OPM News Release 21 Jan 2010 ++]

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Medicare Reimbursement Rates 2010 Update 03: A group of national organizations warned 21 JAN that If Congress doesn’t intervene, a funding formula will trigger a 21% cut in reimbursements to doctors in the Medicare and Tricare programs on 1 MAR. That, the group said, will force doctors to drop out of the programs and make it tougher for elderly and military beneficiaries to get health care. Representatives of the groups — AARP, the American Medical Association and the Military Officers Association of America — appeared in a videoconference from five cities. Speaking at the Harbor’s Edge retirement home in Norfolk VA, retired Navy Capt. Kathy Beasley said: “The last thing our troops in combat should have to worry about is whether a sick spouse or child can find a doctor to treat them.” Beasley is deputy director of government relations for the military officers association (MOAA).

For about a decade, reimbursements in Medicare and Tricare have been governed by the Sustainable Growth Rate formula, which cuts payments when the economy contracts. Congress usually has stepped in to make up the difference when payment rates are set to drop. The groups said Washington needs to devise a permanent fix, though they didn’t offer a specific alternative. “Congress has decided the formula,” said Dr. Nancy Nielsen, a past president of the American Medical Association. “Congress has to fix the problem.” The issue is separate from, but related to, the health-care reform bill in Washington, said Nielsen, who spoke in Washington. “People need the assurance that they can see a doctor of their choice,” she said. Officials of AARP and the American Medical Association said they remain supportive of health care reform legislation. The MOAA has not taken a position on the bills but is monitoring issues that would affect its members, Beasley said. Bobbi Andrews, a Harbor’s Edge resident who attended the videoconference, wasn’t convinced. Health care professionals, like everyone else, should be expected to cut back, she said. “The hospitals and physicians are all making too much money.” Another resident, retired Navy Capt. James Van Pelt, said he wasn’t well-versed with payment rates. But he’s noticed that “doctors are spending less time with their patients and a lot of money on clerical help.” [Source: Virginian-Pilot article 22 Jan 2010 ++]

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Medicare Reimbursement Rates 2010 Update 04: It appears that, once again, Congress will act at virtually the last minute to stop a 21% cut in Medicare and Tricare payments to doctors scheduled to take effect on 1 MAR. On 28 JAN the Senate amended and passed by a vote of 60-40, H. J. Res. 45, which would raise the debt ceiling by $1.9 Trillion to a total of $14.3 Trillion. Senators adopted an amendment by Sen. Reid that would codify the PAYGO principle. This amendment would allow:

(1) Permanent extension without offsets of the middle class tax cuts enacted in 2001 and 2003.

(2) A two year extension of current estate tax law, and

(3) A two year extension of current Alternative Minimum Tax.

(4) Most important to military retirees and Medicare beneficiaries is that Reid’s amendment would extend by five years, the soon-to-expire moratorium on the Sustained Growth Rate (SGR) mandated cuts of 21 percent to Medicare/Tricare physician reimbursements which will otherwise take effect on 1 MAR 2010.

This extended moratorium of SGR mandated cuts should allow continued access to health care for military retirees and Medicare beneficiaries. If approved by the House of Representatives as expected next week, it would put an end (for a while, anyway) to annual threats that big Medicare/Tricare payment cuts would cause doctors to drop those programs’ beneficiaries as patients. Previously, legislators had been considering yet another one-year “patch”. But because the payment cuts compound each year, a one-year fix would have meant facing an even larger 26% cut for January 2011. The new legislation would buy Congress five years to come up with a permanent fix. Readers who would like to ensure their representatives vote favorably on this legislation are encouraged to go to http://capwiz.com/usdr/issues/alert/?alertid=14630896&queueid=[capwiz:queue_id] to review an editable message for forwarding to their legislators requesting their support. [Source: MOAA Leg Up & USDR Leg Alert 29 & 30 Jan 2010 ++]

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TSP Update 26: For the second consecutive month 9 of the 10 Thrift Savings Plan funds posted gains in December. Overall all of the funds showed growth in 2009.

The S Fund, which invests in small- and mid-size companies and tracks the Dow Jones Wilshire 4500 Index, had the largest gain in DEC after posting the biggest gains in NOV. The fund’s value increased 6.57%. Since the beginning of 2009 the S Fund’s value is still up 34.85%.
The I Fund, invested in overseas companies, grew 1.43% in DEC and for the year is up 30.04%.
The C Fund, which invests in common stocks of large companies on the Standard & Poor’s 500 Index, grew 1.94% in DEC and is up 26.68% for the year.
The F Fund, which invests in fixed-income bonds, rose 0.25%, and is up 2.46 in 2009.
The G fund, government securities, declined 1.55% from NOV but was up 5.99% overall for 2009.

All the life-cycle funds, which are designed to move participants from riskier to safer investment balances as they near retirement, had gains in DEC and for the year.

The L 2040 Fund grew 2.12% in DEC and 25.19% for the year.
The L 2030 Fund grew 1.85% in DEC and 22.48% for the year.
The L 2020 Fund grew 1.50% in DEC and 19.14% for the year.
The L 2010 Fund grew 0.70% in DEC and 10.03% for the year.
The L Income Fund grew 0.59% in DEC and 8.57 % for the year.

[Source: My Federal Retirement 21 Jan 2010 ++]

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VA Health Care Enrollment Update 02: Title 38 United States Code (U.S.C.) Section 1722(c) requires that on 1 JAN of each year, the Secretary of Veterans Affairs increase the means test (MT) threshold amounts by the same percentage the maximum rates of pension benefits were increased under 38 U.S.C. Section 5312(a) during the preceding calendar year. The Veterans Benefits Administration (VBA) has announced that there will be no increase in VA pension for 2010. Thus, there will be no increase in VA Means test thresholds in Calendar Year 2010. The following new Means Test (MT) Thresholds are effective 1 JAN 2010, through 31 DEC 2010:

Veterans with No Dependents:

(a) Below MT Threshold: $29,402.

(b) Above MT Threshold; $29,403.

(d) Above MT Threshold by more than 10%: $32,343.

(e) Above GMT (i.e. household income amount that is below the geographically-based income threshold for their resident location) Threshold by more or less than 10%: Calculate using GMT Threshold at GMT Web sitewww.va.gov/healtheligibility/library/pubs/gmtincomethresholds.

Veterans with One Dependent:

(a) Below MT Threshold: $35,284.

(b) Above MT Threshold: $35,285.

(d) Above MT Threshold by more than 10%: $38,813.