Events
Commander
Dan McMahon (9249)
70 Schutt Court
Grand Island, NY 14072
(716) 773-9376
dbm021@yahoo.comm
Dan McMahon (9249)
70 Schutt Court
Grand Island, NY 14072
(716) 773-9376
dbm021@yahoo.comm
Sr. Vice Commander
Marlene Roll (7967)
13492 Henskee Road
Alden, NY 14004
(716)858-6363
mroll2@verizon.net
Marlene Roll (7967)
13492 Henskee Road
Alden, NY 14004
(716)858-6363
mroll2@verizon.net
Quartermaster
Richard Lozo (9249)
3408 Greenway Road
Grand Island, NY 14072
(716) 773-4016
stang69@roadrunner.com
Richard Lozo (9249)
3408 Greenway Road
Grand Island, NY 14072
(716) 773-4016
stang69@roadrunner.com
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FROM DEPT. COMMANDER MICK LEAVOR:
All...take care and keep in our thoughts our warriors
in Afghanistan!
Noel
Tuesday Morning Briefing - January 23, 2012
VA Providing Credit Monitoring to Misidentified
Veterans (VA News Release January 20, 2012)
WASHINGTON - The Department of Veterans Affairs
is offering free credit monitoring to more than 2,200
veterans whose personal information, including
social security numbers, was posted on Ancestry.com
following the mistaken release of data through the
Freedom of Information Act (FOIA).
The family history website, which provides access to
genealogical and historical information, had
requested information from VA about deceased
veterans. Under FOIA, VA is obligated to release
requested records upon written request unless they
may be withheld. Therefore, VA provided the
website with the data on March 18, 2011.
On December 13, 2011, after the information had
been posted on the history website, VA learned that
it included data about some living veterans because
some of the death reports provided to the website
were inaccurate. No personal health information was
included in this data release. Ancestry.com
immediately removed all the information that VA
had supplied them.
There is no indication personally identifiable
information of any veteran has been misused.
However, VA is still notifying all potentially affected
veterans so they can be vigilant and take steps to
protect against identity theft. VA is also offering
credit monitoring for one year at no charge to every
veteran whose name was mistakenly released and
posted on the history website.
FOIA requires federal agencies to disclose requested
records unless they may be withheld under specific
statutory exemptions. Under FOIA, VA was
obligated to provide the website with the name,
social security number, date of birth, date of death,
military branch assignments, and the dates of entry
on active duty and release from active duty for
deceased Veterans.
VA has launched an effort to determine why
information about living veterans was included in a
database about deceased veterans. The error did
not affect the VA benefits of any veteran. VA is
committed to protecting veterans' personal
information and to improving information processing
to avoid erroneous data.
Veterans who believe they may have been affected
by this incident who have not been notified by VA
may verify whether their information was involved by
writing to: Department of Veterans Affairs, OIT
Privacy Officer (005R1A), 810 Vermont Ave., NW
Washington DC 20420, (Attn: Garnett Best).
Affected veterans can request a free credit report for
one year from one or more of the three national
credit bureaus by calling 1-877-322-8228 or by
visiting http://www.annualcreditreport.com
<http://www.annualcreditreport.com> . Information
about this and other protections, including placing a
"fraud alert" on credit accounts, is available by
calling the Federal Trade Commission at its toll free
number, 1-877-438-4338, or by visiting its website,
http://www.ftc.gov/bcp/edu/microsites/idtheft/index.h
tml
<http://www.ftc.gov/bcp/edu/microsites/idtheft/index.
html>
DISABILITY REVIEW BOARD "INVITE" LETTERS
GOING TO 75,000 VETERANS (Stars and Stripes
January 19, 2012) Congress directed the
Department of Defense to establish the Physical
Disability Review Board (PDRB) with authority to
reexamine the files and, if appropriate, raise
disability ratings of up to 77,000 veterans -- those
medically separated with ratings less than 30
percent between Sept. 11, 2001, and Dec. 31, 2009.
A big problem for the PDBR is this: It has been
operating since June of 2009, and raising disability
ratings on 45 percent of cases reviewed, but only
2700 veterans from an eligibility pool of 77,000
have applied to have their ratings reviewed.
That is about to change, thanks to Sen. Mark Udall
(D-Colo.). At his urging the Department of Veterans
Affairs, coordinating closely with the PDBR, will begin
a phased mailing this month of information packets
on the PDBR to every qualified veteran with a current
home address on file at VA.
The first batch of letters about the PDBR, including
an application form, will be mailed to 15,031
veterans, all of them medically separated in 2001
(post-9/11), 2002 or 2003. The next batch of
20,000 will go out by late April to eligible vets
separated in 2004 and 2005. A July mailing of
16,500 will target the years 2006 and 2007. Finally,
an October mailing to 13,200 will reach out vets
separated in 2008 and 2009.
VA's initial idea was a single mass mailing. PDBR
sought instead a phased mailing to avoiding
swamping the board and frustrating applicants who
already wait an average of 13 months for a PDBR
decision. That's down from 18 months a year ago.
Responses to the first mailing will tell the PDBR how
it needs to beef up staff, particularly with more
physicians who must be trained on the VA schedule
of ratings and schooled on how to apply it to
applicant files, many of which contain extensive
medical histories.
The PDBR currently has only five fulltime physicians
and eight contract physicians who have more limited
duties involving preparation of files for board
decisions.
PDBR already has a backlog of 461 cases, defined
as those taking longer to decide than the deadlines
set in current regulations. The board expects to
have to rely heavily on the services to provide more
active or reserve physicians to be train for PDBR
case reviews and decisions.
Eligible veterans don't have to wait for the letter.
They can apply now to the PDBR to have their
ratings reviewed. All the information they need
already is available online at: www.health.mil/pdbr
<file://www.health.mil/pdbr> .
No rating can be downgraded but a lot is at stake for
those seeking an upgrade. A rating below 30
percent resulted, at most, in a severance payment.
A bump to 30 percent or higher changes a veteran's
status to disabled "retiree." That means a lifetime
annuity, access to military health care for the retiree
and dependents, discount shopping on base and
more. They also will get annuity back pay to the
date of their original disability evaluation board
decision, less an amount that must be recouped
equal to the value of severance pay provided at
time of discharge.
COMPENSATION SERVICE BULLETIN JANUARY 2012
Policy (211)
Plot Allowance and State Cemeteries: Compensation
Service recently received an inquiry regarding the
plot fee charged by a State Cemetery for certain
veteran burials that have oversized caskets.
VA is not prohibited from paying for the normal and
unreimbursed plot fees just because the State is
charging a separate fee above and beyond the
normal plot fee. Therefore, the $700 plot allowance
expense that would have been paid by VA to the
State would potentially be passed onto the families
of the deceased veterans along with the cost of
enlarging the vault.
Compensation Service recommends that an itemized
statement be required from the State Cemetery that
clearly distinguishes the special fee of enlarging the
vault from the normal plot expenses. Again, as
long as no duplicate or overlapping funds are being
received by the State for the "normal" plot
expenses, then VA is not prohibited from paying the
plot allowance. (Editor's note: there are no State
Cemeteries in Florida.)
Final Rule: Presumptive Service Connection for
Diseases Associated With Service in the Southwest
Asia Theater of Operations During the Persian Gulf
War: Functional Gastrointestinal Disorders (Fast
Letter 12-01 January 23, 2012 to Director (00/21)
all VA Regional Offices and Centers) This fast letter
provides information regarding the Department of
Veterans Affairs (VA) publication of the final rule,
RIN 2900-AN83, Presumptive Service Connection for
Diseases Associated With Service in the Southwest
Asia Theater of Operations During the Persian Gulf
War: Functional Gastrointestinal Disorders.
Background: On November 17, 2010, VA published
AN83 in the Federal Register proposing to amend its
adjudication regulation regarding the presumption of
service connection for medically unexplained chronic
multi-symptom illnesses by clarifying that functional
gastrointestinal disorders (FGIDs) fall within the
scope of the existing presumption of service
connection for medically unexplained chronic
multi-symptom illnesses. This clarification is based
on available scientific and medical evidence
presented in the National Academy of Sciences (NAS)
April 2010 report titled: Gulf War and Health,
Volume 8: Update on the Health Effects of Serving in
the Gulf War.
The final rule was published in the Federal Register
on July 15, 2011, at FR 41696-41698. It
implements a decision by the Secretary, based in
part upon the NAS report, that there is a positive
association between service in Southwest Asia during
certain periods and the subsequent development of
FGIDs and clarifies that FGIDs fall within the scope of
the existing presumptions of service connection for
medically unexplained chronic multi-symptom
illnesses.
Pertinent Regulatory Changes: The final rule
amends 38 C.F.R. § 3.317 (a)(2)(i)(B)(3) by
removing the term "irritable bowel syndrome" and
replacing it with the term "Functional gastrointestinal
disorders (excluding structural gastrointestinal
diseases)." The final rule includes a note
associated with paragraph (a)(2)(i)(B)(3) that fully
describes and characterizes the term "functional
gastrointestinal disorders." The final rule does not
change the current procedures for processing claims
related to the existing presumption of service
connection for medically unexplained chronic
multi-symptom illnesses. The final rule is effective
on August 15, 2011, and applies to claims pending
before, filed with, or remanded to VA on or after that
date.
Upcoming Events:
February 20 Federal holiday - Washington's Birthday
March 20 1:14 AM spring begins
All...take care and keep in our thoughts our warriors
in Afghanistan!
Noel
Tuesday Morning Briefing - January 23, 2012
VA Providing Credit Monitoring to Misidentified
Veterans (VA News Release January 20, 2012)
WASHINGTON - The Department of Veterans Affairs
is offering free credit monitoring to more than 2,200
veterans whose personal information, including
social security numbers, was posted on Ancestry.com
following the mistaken release of data through the
Freedom of Information Act (FOIA).
The family history website, which provides access to
genealogical and historical information, had
requested information from VA about deceased
veterans. Under FOIA, VA is obligated to release
requested records upon written request unless they
may be withheld. Therefore, VA provided the
website with the data on March 18, 2011.
On December 13, 2011, after the information had
been posted on the history website, VA learned that
it included data about some living veterans because
some of the death reports provided to the website
were inaccurate. No personal health information was
included in this data release. Ancestry.com
immediately removed all the information that VA
had supplied them.
There is no indication personally identifiable
information of any veteran has been misused.
However, VA is still notifying all potentially affected
veterans so they can be vigilant and take steps to
protect against identity theft. VA is also offering
credit monitoring for one year at no charge to every
veteran whose name was mistakenly released and
posted on the history website.
FOIA requires federal agencies to disclose requested
records unless they may be withheld under specific
statutory exemptions. Under FOIA, VA was
obligated to provide the website with the name,
social security number, date of birth, date of death,
military branch assignments, and the dates of entry
on active duty and release from active duty for
deceased Veterans.
VA has launched an effort to determine why
information about living veterans was included in a
database about deceased veterans. The error did
not affect the VA benefits of any veteran. VA is
committed to protecting veterans' personal
information and to improving information processing
to avoid erroneous data.
Veterans who believe they may have been affected
by this incident who have not been notified by VA
may verify whether their information was involved by
writing to: Department of Veterans Affairs, OIT
Privacy Officer (005R1A), 810 Vermont Ave., NW
Washington DC 20420, (Attn: Garnett Best).
Affected veterans can request a free credit report for
one year from one or more of the three national
credit bureaus by calling 1-877-322-8228 or by
visiting http://www.annualcreditreport.com
<http://www.annualcreditreport.com> . Information
about this and other protections, including placing a
"fraud alert" on credit accounts, is available by
calling the Federal Trade Commission at its toll free
number, 1-877-438-4338, or by visiting its website,
http://www.ftc.gov/bcp/edu/microsites/idtheft/index.h
tml
<http://www.ftc.gov/bcp/edu/microsites/idtheft/index.
html>
DISABILITY REVIEW BOARD "INVITE" LETTERS
GOING TO 75,000 VETERANS (Stars and Stripes
January 19, 2012) Congress directed the
Department of Defense to establish the Physical
Disability Review Board (PDRB) with authority to
reexamine the files and, if appropriate, raise
disability ratings of up to 77,000 veterans -- those
medically separated with ratings less than 30
percent between Sept. 11, 2001, and Dec. 31, 2009.
A big problem for the PDBR is this: It has been
operating since June of 2009, and raising disability
ratings on 45 percent of cases reviewed, but only
2700 veterans from an eligibility pool of 77,000
have applied to have their ratings reviewed.
That is about to change, thanks to Sen. Mark Udall
(D-Colo.). At his urging the Department of Veterans
Affairs, coordinating closely with the PDBR, will begin
a phased mailing this month of information packets
on the PDBR to every qualified veteran with a current
home address on file at VA.
The first batch of letters about the PDBR, including
an application form, will be mailed to 15,031
veterans, all of them medically separated in 2001
(post-9/11), 2002 or 2003. The next batch of
20,000 will go out by late April to eligible vets
separated in 2004 and 2005. A July mailing of
16,500 will target the years 2006 and 2007. Finally,
an October mailing to 13,200 will reach out vets
separated in 2008 and 2009.
VA's initial idea was a single mass mailing. PDBR
sought instead a phased mailing to avoiding
swamping the board and frustrating applicants who
already wait an average of 13 months for a PDBR
decision. That's down from 18 months a year ago.
Responses to the first mailing will tell the PDBR how
it needs to beef up staff, particularly with more
physicians who must be trained on the VA schedule
of ratings and schooled on how to apply it to
applicant files, many of which contain extensive
medical histories.
The PDBR currently has only five fulltime physicians
and eight contract physicians who have more limited
duties involving preparation of files for board
decisions.
PDBR already has a backlog of 461 cases, defined
as those taking longer to decide than the deadlines
set in current regulations. The board expects to
have to rely heavily on the services to provide more
active or reserve physicians to be train for PDBR
case reviews and decisions.
Eligible veterans don't have to wait for the letter.
They can apply now to the PDBR to have their
ratings reviewed. All the information they need
already is available online at: www.health.mil/pdbr
<file://www.health.mil/pdbr> .
No rating can be downgraded but a lot is at stake for
those seeking an upgrade. A rating below 30
percent resulted, at most, in a severance payment.
A bump to 30 percent or higher changes a veteran's
status to disabled "retiree." That means a lifetime
annuity, access to military health care for the retiree
and dependents, discount shopping on base and
more. They also will get annuity back pay to the
date of their original disability evaluation board
decision, less an amount that must be recouped
equal to the value of severance pay provided at
time of discharge.
COMPENSATION SERVICE BULLETIN JANUARY 2012
Policy (211)
Plot Allowance and State Cemeteries: Compensation
Service recently received an inquiry regarding the
plot fee charged by a State Cemetery for certain
veteran burials that have oversized caskets.
VA is not prohibited from paying for the normal and
unreimbursed plot fees just because the State is
charging a separate fee above and beyond the
normal plot fee. Therefore, the $700 plot allowance
expense that would have been paid by VA to the
State would potentially be passed onto the families
of the deceased veterans along with the cost of
enlarging the vault.
Compensation Service recommends that an itemized
statement be required from the State Cemetery that
clearly distinguishes the special fee of enlarging the
vault from the normal plot expenses. Again, as
long as no duplicate or overlapping funds are being
received by the State for the "normal" plot
expenses, then VA is not prohibited from paying the
plot allowance. (Editor's note: there are no State
Cemeteries in Florida.)
Final Rule: Presumptive Service Connection for
Diseases Associated With Service in the Southwest
Asia Theater of Operations During the Persian Gulf
War: Functional Gastrointestinal Disorders (Fast
Letter 12-01 January 23, 2012 to Director (00/21)
all VA Regional Offices and Centers) This fast letter
provides information regarding the Department of
Veterans Affairs (VA) publication of the final rule,
RIN 2900-AN83, Presumptive Service Connection for
Diseases Associated With Service in the Southwest
Asia Theater of Operations During the Persian Gulf
War: Functional Gastrointestinal Disorders.
Background: On November 17, 2010, VA published
AN83 in the Federal Register proposing to amend its
adjudication regulation regarding the presumption of
service connection for medically unexplained chronic
multi-symptom illnesses by clarifying that functional
gastrointestinal disorders (FGIDs) fall within the
scope of the existing presumption of service
connection for medically unexplained chronic
multi-symptom illnesses. This clarification is based
on available scientific and medical evidence
presented in the National Academy of Sciences (NAS)
April 2010 report titled: Gulf War and Health,
Volume 8: Update on the Health Effects of Serving in
the Gulf War.
The final rule was published in the Federal Register
on July 15, 2011, at FR 41696-41698. It
implements a decision by the Secretary, based in
part upon the NAS report, that there is a positive
association between service in Southwest Asia during
certain periods and the subsequent development of
FGIDs and clarifies that FGIDs fall within the scope of
the existing presumptions of service connection for
medically unexplained chronic multi-symptom
illnesses.
Pertinent Regulatory Changes: The final rule
amends 38 C.F.R. § 3.317 (a)(2)(i)(B)(3) by
removing the term "irritable bowel syndrome" and
replacing it with the term "Functional gastrointestinal
disorders (excluding structural gastrointestinal
diseases)." The final rule includes a note
associated with paragraph (a)(2)(i)(B)(3) that fully
describes and characterizes the term "functional
gastrointestinal disorders." The final rule does not
change the current procedures for processing claims
related to the existing presumption of service
connection for medically unexplained chronic
multi-symptom illnesses. The final rule is effective
on August 15, 2011, and applies to claims pending
before, filed with, or remanded to VA on or after that
date.
Upcoming Events:
February 20 Federal holiday - Washington's Birthday
March 20 1:14 AM spring begins