May 15, 15
MCRMC Update 14 ► Obama Sends Recommendations to Congress
President Barack Obama sent the recommendations of the Military Compensation and Retirement
Modernization Commission to Congress 30 APR. In the letter accompanying the report, Obama thanked
the commission members and said their recommendations "represent an important step forward in
protecting the long-term viability of the all-volunteer force, improving quality of life for service members
and their families and ensuring the fiscal sustainability of the military compensation and retirement
systems." The president is prepared to support specific proposals for 10 of the Commission's 15
recommendations. Since the commission released its report to the president in January, DoD officials
have been over the recommendations with a fine-toothed comb. The department and the White House
want to move slowly on four of the commission's 15 recommendations and will begin executing the
remaining 10.
The four that require more study are: the proposal for a blended retirement system, reserve
component duty statuses, exceptional family member support and commissary and exchange
consolidation. The 10 recommendations the president is prepared to support either in toto or with
modifications are: the Survivor Benefit Plan, financial education, medical personnel readiness, DoD and
Department of Veterans Affairs collaboration, child care, service member education, transition
assistance, dependent space-available travel and the report on military-connected dependents. Defense
Secretary Ash Carter will submit proposals for legislation to Congress on some of the recommendations.
For his part, Carter also praised the commission for its 18-month independent review. The commission
looked at retirement and compensation programs administered both inside and outside DoD. "Their
work confirmed many positive changes that we're making to uphold our commitments to our people,
and also pointed out areas where we can do better," Carter said in a Pentagon release.
The commission's last recommendation on the military TRICARE health benefit program needs more
work, the secretary said. "While we agree with the commission that reforms to the military health care
system are needed, we also . believe that the TRICARE proposals in President Obama's fiscal 2016
budget serve as a good first step by offering service members, military families and retirees greater
choice and control over their health care decisions," Carter said in the release. The department will work
with the commission, interagency partners and Congress this year to develop additional reform
proposals for the fiscal year 2017 budget proposal. [Source: U.S. Department of Defense Daily Digest
Bulletin | May 02, 2015 ++]
Blue Water Claims Update 29
May 5, 2015
► Landmark Ruling of COA for Vet Claims
The Court of Appeals for Veteran Claims has made a landmark ruling that will help many Navy and Coast Guard vets
who have been classified as Blue Water Sailors. The case was Gray vs McDonald and was decided on April 24, 2015.
This will greatly benefit many Viet Nam Navy veterans effected by Agent Orange. In it they declared that the Harbors
of Danang, Cam Ranh Bay, and Vung Tau must now be classified Brown water instead of Blue water. Basically the
court said these ports were classified as deep-water but should have been classified as being in the spray area and not
by the fact that large vessels could enter them. The VA must now declare all vessels that entered these harbors as
dioxin (AO) exposed and compensate the sailors on them that have presumptive diseases that are recognized as having
their genesis in AO exposure.
In regard to service in mouth of rivers, such as minesweepers, the court said that even the VA Secretary declared
that there is no definite boundaries of a river mouths, therefore they cannot just make a decision by “flipping a coin”
as to what vessels were exposed and which were not. The court further stated that inland water service cannot be
limited to the ships that are on their “official” ships list. The emphasis should be on the likelihood of exposure to
herbicide and that the fact that a large river’s brown water plume can extend far out to sea. It stated that the use of
“mouth” and “borders” around Viet Nam may extend well beyond the physical land mass of a river and the VA’s
current interpretation of the code of Federal Regulations that cover this area are “arbitrary and capricious”.
To put the icing on the cake, the court ruled that the VA’s reliance on the IOM’s (Institute of Medicine) 2011 report
on dioxin exposure is unacceptable because the IOM was “to general and inconclusive in nature”. This means that
the VA’s rating system cannot conclusively contend that that some offshore vessels were NOT contaminated by AO.
Finally, the court ordered the VA to redraw its lines and rules as to what are the proper boundaries and “exercise its
fair and considered judgment to define inland waterways in a manner consistent with the regulations with emphasis
on the probability of exposure”. In essence they said the present methods are patently unfair.
This ruling should bode well for sailors and Coast Guardsmen who sailed and flew into areas that should have been
considered contaminated long ago. However, for all vets who may have a claim in the works, the regulations are
going to have to be promulgated by the VA and they must decide if they wish to honor past claims as they may look
at this as new rules that did not apply when the original case was denied. The VA can be very obtuse about how they
honor a change of the code of Federal Regulations. They also have a right to appeal this to the U.S. district Court but
that is very doubtful.
Synopsis prepared by:
Mike Day
Veteran Service Officer
Catholic War Veterans USA
-o-o-O-o-oAlternative Interpretation. The Executive director of the Vietnam Veterans Blue Water Navy Organization offered
a different take to the conclusions of VSO Mike Day regarding the Court of Appeals for Veteran Claims ruling. He
wrote:
The CAVC did in fact say that the current VA definitions for “inland water” and “river mouths” were thrown out
because there was ambiguity and unreasonable logic involved; and no basis in the definition that referred to the
regulation that requires connection to “sprayed exposure to herbicide” rather than to any geographical descriptions
used by the VA. However, the Court did not specify what that definition should be and offered no direction on how
the VA should solve their problems. They did not say whether any harbor was inland or blue water, but they invalidated
the VA’s past approach to naming them one or the other. They instructed the VA to remove the ambiguity in previous
determinations and to submit new definitions but they did not say how soon to do that or how many chances VA would
receive to get it right. Essentially, the Court did nothing but remove the groundwork the VA established.
So there was no direction given about what the status a port or harbor had and no definition currently exists for
what constitutes the ‘mouth of a river.’ There was no direction about how things “must now be classified.” The Court
left all of that completely wide open. That leaves many avenues open for to CLAIMS that state a ship was in an “inland
harbor” or “at the mouth of a river” based on the creativity of whoever is writing up the claim. There are currently no
guidelines that claim raters can fall back on. If the old rules are used, the claim is a CUE.
My suggestion is that the emphasis of any rationale for exposure to herbicide that occurred within a harbor or bay
be based on an exposure that resulted from herbicide that contaminated the bay or harbor by aerial spraying, either
directly into the harbor (and there is evidence that Da Nang Harbor was sprayed by Ranch Hand Operations), or into
water that fed into the harbor from rivers. River mouths could extend out into the South China Sea by virtue of the
plume created by the discharge water of the river into the sea. In some satellite pictures that can be seen to be measured
in kilometers or, in the case with the Mekong River, hundreds of kilometers. At present, there is no directive for the
VA raters to halt the adjudication Blue Water Navy claims, but that may be the VA’s next step.
John Paul Rossie, Executive Director
Blue Water Navy Vietnam Veterans Association
Editor’s Note: The ruling can be found at http://www.uscourts.cavc.gov/documents/Gray13-3339.pdf and an
Analysis of the Ruling is offered at http://bluewaternavy.org/CAVC_Gray1.htm. It will be interesting to see how soon
and in what way the VA reacts to this ruling.
Commissary News Update 11
► Immediate Issues
Amid a swirl of proposals for historic changes to the commissary benefit, the Defense Commissary Agency is dealing
with more immediate issues — like making sure products get to store shelves. At a recent commissary meeting, several
officials expressed concern about a growing number of "vendor cuts," in which vendors ship smaller quantities than
the commissary orders, causing shortages on the shelves. "When a product isn't available, we are going to lose
customers," Joseph Jeu, DeCA director, said at the meeting of the American Logistics Association. Such vendor cuts
generally run about 1 percent to 2 percent across the industry, but Jeu said the comparable rate for commissaries is
running from 4 percent to 6 percent. Noting that many manufacturers are performing well, Jeu challenged members
of industry to do their part to improve deliveries to the military's stores.
Jeu also discussed DoD's fiscal 2016 budget proposal, now being considered by Congress. Proposed cuts to the
commissary budget, which would require cutbacks in store hours and days, among other things, initially were rejected
by the House Armed Services Committee. "If Congress comes out with a different budget, obviously we'll adjust our
plan," Jeu said, but added that until then, DeCA is basing its preparations on the plan submitted by DoD — while also
trying to improve the benefit for customers. "While there are a lot of uncertainties, we are marching ahead," Jeu said.
"We are forging ahead with our effort to transform the agency, make it as efficient as possible, and provide the best
possible service to our military families." Pat Nixon, president of the American Logistics Association, praised DeCA
for its approach in focusing on improving the benefit, even as major cutback proposals swirl around it. Nixon said Jeu
and other DeCA leaders are "focusing the efforts and brain power of the agency on the things they can control right
now: sales, and savings and customer satisfaction."
Rising vendor cuts is just one issue DeCA is trying to address in the supply chain, said Michael Dowling, the
agency's deputy director. For example, industry distributors have challenges related to driver shortages, weather and
other issues. The commissary agency itself has challenges within the stores, such as hiring difficulties in many
locations. These things together "spell trouble," Dowling said. "We'll be giving serious consideration to what our
options are, and what can we do to improve it. We've got to make sure the benefit is relevant to our customers. If it's
relevant, they will come. If they come, they'll tell people how much value the benefit has for them." Vendor cuts occur
when DeCA places an order — for example, 500 cases of ketchup — but the manufacturer doesn't fill the full order,
for a potential variety of reasons. Often, Nixon said, manufacturers cut the needed quantity "based on something else
happening in the marketplace."
Eric Swayzee, DeCA's logistics director, said he's especially concerned about the effect of vendor cuts on young
families on the DoD Overseas WIC (Women, Infants and Children) program. When the only WIC item the family can
buy in a particular category is out of stock, it means the family must go without because WIC cannot be used in offbase stores overseas. That program, administered by DoD, is similar to WIC programs operated by the states, providing
vouchers for specified foods such as milk, vegetables, peanut butter and cheese, depending on the nutrition needs for
low-income pregnant or postpartum women, and children up to age 5. Richard Page, senior vice president of customer
services for Coastal Pacific Food Distributors, which distributes products from manufacturers to commissaries on the
West Coast, said the impact of vendor cuts is felt beyond the commissaries. "A number of manufacturers have told us
they have had the same issue outside the gate," he said. He noted that the recent economic downturn led companies to
tighten their belts, particularly in terms of inventory levels. Distribution centers were closed, or consolidated, which
led to reduced inventory in the pipeline.
Among other DeCA initiatives discussed at the meeting:
 A push to improve customer service, which includes two "ambassadors" in each store, identified through
peer nominations. This initiative includes back-to-basics customer service training and and how to engage
with shoppers. For example, if a customer asks where a product is, the employee — regardless of his job —
should take the customer to the product.
 Standardization of meat pricing. All continental U.S. commissaries will be on board by June 1. Since officials
began rolling out the program last June, DeCA says customers have seen an extra $2.3 million in savings.
 Replacement of commissary agency technology, which will affect product ordering and cash registers. The
rewards card program will expand, with programs like "diaper clubs" and "dog food clubs" offering special
promotions.
[Source: MilitaryTimes | Karen Jowers | May 09, 2015 ++]
Military Pay & Benefits Update 04
► DoD’s Position on NDAA Proposals
The Pentagon for the first time has offered a detailed response to a slate of proposed military pay and benefits reforms,
flatly rejecting the idea of overhauling the military health care system but giving a cautious green light to
fundamentally changing military retirement benefits. After a three-month review, the Defense Department bluntly
dismissed the controversial idea of scrapping the Tricare health system in its current form and instead providing
military dependents with private-sector health insurance similar to federal civilian employee benefits. On the issue of
military retirement, DoD "generally agrees there are merits to a blended retirement" system that would shrink the size
of the current pension but create 401(k)-style investment accounts that would for the first time provide a retirement
benefit to troops who serve less than 20 years, according to a Pentagon memo obtained by Military Times.
But in the 10-page memo sent to the White House this week, the Pentagon stopped short of endorsing the proposed
retirement plan, saying it will continue to "carefully consider" the commission's proposal and promising to "complete
a detailed and holistic evaluation" by the end of July. For now, lawmakers on Capitol Hill appear to be putting the
retirement reform proposal on a fast track, and the Pentagon's position signals that it will offer no significant opposition
to the changes under consideration. The Pentagon memo to the White House, signed by Defense Secretary Ash Carter
and dated April 27, was followed on Thursday by a formal statement from President Obama directed to Congress
summarizing the military's recommendations. The official DoD views came three months after the Military
Compensation and Retirement Modernization Commission recommended an array of controversial changes. The
military's views likely will have a strong influence on Congress as it considers changes to laws affecting military pay
and benefits.
Specifically, the proposed retirement system would reduce the size of the current pension for career troops by 20
percent. At the same time, the military would begin offering all troops contributions to individual investment accounts
that they would own after completing two years of service. The contribution would be at least 1 percent of basic pay
for all troops, even if they invest nothing themselves, and a dollar-for-dollar match up to an additional 5 percent for
troops who agree to contribute their own out-of-pocket money. The proposal also would create a new lump-sum
retention pay for troop who serve at least 12 years and agree to remain in uniform for an additional four years. Congress
is making two significant changes to the commission's retirement proposal. For one, it is scrapping the suggestion that
troops should have the option of receiving a large part of their retirement benefit in a lump-sum cash payment at the
time of retirement rather than in monthly pension checks. In addition, Congress wants to offer government
contributions to the individual investment accounts for every year of service; the commission proposed halting those
contributions after 20 years.
The new system would be mandatory for all new troops. Today's service members would be grandfathered under
the current system, but would be permitted to opt into the new benefit. Some analysts suggest the proposed benefit
would be more lucrative in the long run if individual troops make good investment decisions and the stock market
continues to rise. Critics say the proposed plan puts troops at risk for making bad financial decisions. Congress created
the compensation commission two years ago amid concerns about rising military personnel costs. At a time when
defense spending is capped under the federal law known as sequestration, the top brass worries that those growing
manpower accounts could erode the military's ability to invest in modern weapons and high-tech research. But the
rejection of the health care proposals will significantly reduce the prospect of cutting long-term per-troop military
personnel costs. The compensation commission said its health care reform plan would save the Pentagon $6 billion a
year. DoD also commented on several other proposed changes to military pay and benefits. Among them:
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Commissaries. The Defense Department "supports the general premise of consolidating" the commissary
and exchange systems but declined to offer any clear recommendation on the matter. Defense officials will
continue to study the issue and provide a recommendation in July.
Reserve component duty statuses: DoD Department took no firm position on a long-sought goal for the
reserve components —simplifying the complex array of more than 30 duty statuses and legal authorities that
define reservists' service. While defense officials agree that consolidating those duty statuses "makes a lot of
sense," such a move would have far-reaching legal repercussions affecting reservists' pay and benefits. Like
retirement reform, DoD said it will study the matter further and provide a recommendation in July.
Education benefits: DoD does not support a proposal to restrict veterans from simultaneously receiving
some GI Bill housing stipends and unemployment insurance. That may be viewed as "penalizing service
members" who are taking classes to improve their employment prospects, according to the memo.
Veterans health care records: DoD rejected the commission's call for the Veterans Affairs Department to
create health care records for all current active-duty service members. Instead, military officials want to press
ahead with their ongoing effort to create an interoperable system of health care records between the two
agencies.
Financial education: DoD supports the expansion of financial education for troops, but said it does not need
the changes to current laws proposed by the compensation commission. Those changes would legally require
the military to expand current financial literacy programs, conduct surveys to track progress and make
incremental changes such as simplifying pay-stub data.
GI Bill: DoD agrees that the Montgomery GI Bill should be eliminated and all service members consolidated
under the more generous Post-9/11 GI Bill.
Survivor Benefit Plan: DoD supports changes to the current Survivor Benefit Plan that would increase the
benefit by eliminating part of the current offset for spouses receiving certain benefits from VA.

Space-A: DoD supports a proposal to expand military dependents' eligibility for no-cost "Space Available"
travel on military aircraft.
[Source: MilitaryTimes | Andrew Tilghman | April 30, 2015 ++]
PTSD Update 191 ► Bad-Paper Discharges Impact on Treatment
Veterans groups claim in Federal Court that the military is trying to keep a lid on "bad-paper discharges" it handed
tens of thousands of service members who likely suffered from post-traumatic stress disorder before the medical
community recognized that condition. Vietnam Veterans of America and the National Veterans Council for Legal
Redress brought the complaint on 4 MAY against the U.S. Department of Defense and three military branches. They
say that the U.S. Department of Veterans Affairs denies disability compensation and other benefits to veterans who
received other-than-honorable (OTH) discharges, but that many who received such "bad-paper discharges" are the
tens of thousands of servicemembers suffering from undiagnosed PTSD. PTSD was not recognized as a medical
condition until 1980, according to the complaint.
While Congress has created internal boards to consider applications by veterans seeking to revise their discharge
papers, the veterans say these boards "have collectively failed to prioritize or take seriously discharge upgrade
requests from veterans diagnosed with PTSD stemming from military service." From 1993 to 2014, the Boards for
Correction of Military/Naval Records approved fewer than 5 percent of these type of applications from Vietnam
veterans, according to the complaint. Crediting a class action they filed last year, the groups note that Secretary of
Defense Chuck Hagel issued a memorandum in September 2014 that instructed the boards to give veterans with
PTSD "liberal consideration." The groups say they in turn filed requests under the Freedom of Information Act for
records showing how the boards adjudicated PTSD-related applications before and after Hagel's so-called "PTSD
Updgrade Memo."
"Disclosure of these records is essential for the public to assess DOD's compliance with the directive and assist
veterans seeking to apply for discharge upgrades," the complaint states, but the government has thus far allegedly
failed to provide responsive, non-exempt records within the statutory time period. "Without information about how
DOD, Army, Navy, Air Force, and their respective boards have handled PTSD-related discharge upgrade
applications, the public cannot hold these entities accountable for the fair and just treatment of veterans," the
complaint states. The groups note that the records implicate an estimated 80,000 Vietnam veterans, many of whom
are elderly, indigent and suffer from medical problems. Without records showing whether these veterans' discharges
are being reconsidered, the groups say that Hagel's memo is "merely a symbolic gesture."
The last communication that the groups had with the Defense Department was on Dec. 29, 2014, when the
agency said it was working on the request. The Air Force allegedly urged the groups to narrow the scope of their
request. The Navy told the plaintiffs it was closing the request as duplicative of the one filed with the Defense
Department, and the Army declined to process most of the request as "unduly burdensome," according to the
complaint. The groups say they narrowed their Dec. 8, 2014, requests to the military branches in March and April,
but have not received a response. They are represented by Michael Wishnie of the Jerome N. Frank Legal Services
Organization. [Source: Courthouse News Service | Christine Stuart | May 06, 2015 ++]
VA Performance Update 04 ► Put on Government’s ‘High Risk’ List
Veterans Affairs Secretary Bob McDonald is trying desperately to convince the public that his embattled agency is
on the road to reform. Investigations last year revealed the VA had engaged in cover-ups over hidden wait lists that
kept veterans’ from getting the medical attention they needed for months—sometimes longer. While the VA chief
says his agency is turning around, two federal auditors have issued new reports blasting the VA health system for
huge gaps in oversight, serious management issues and IT failures that put facilities “at risk of not fulfilling their
mission.” The auditors voiced their concerns during a hearing this past week before the Senate Veterans' Affairs
Committee, where they explained why the VA’s health system was placed on the Government Accountability
Office’s annual “high risk list” that flags the most troubled federal programs.
“Risks to the timeliness, cost-effectiveness, quality and safety of veterans' healthcare, along with other persistent
weaknesses GAO and others have identified in recent years, raised serious concerns about VA's management and
oversight of its healthcare system," GAO Healthcare Director Debra Draper said. She went on to describe the most
troubling areas that she said put the VA health system at “risk of failing to serve its mission” including inconsistent
management policies and processes, inadequate oversight, major problems with its information technology systems
and inadequate training for staff. The VA’s own inspector general had a very similar assessment to the GAO’s,
which stands in stark comparison to the VA chief’s outlook on his agency. John Daigh, the assistant inspector
general for the VA echoed Draper’s concerns before the committee: "Too often management decisions compromise
the most important mission of providing veterans with quality healthcare.” He described findings from a recent
probe of smaller hospitals with specialty units and said that it was very challenging for his team to find accurate and
unbiased peer reviews of cases and patient care assessments. Because of that, it was very hard to determine whether
veterans at these hospitals were receiving quality care.
That probe comes nearly a year after Congress approved a $16 billion VA reform bill to help the embattled
agency serve more people and improve oversight and accountability in care at facilities across the country. VA
Secretary McDonald told reporters last week that the VA is improving and has hired about 800 more doctors and
2,000 nurses to accommodate the increasing demand for treatment as more veterans reach older age and require
more care. Still an independent analysis from the Associated Press said the VA hasn’t improved in meeting that
demand. The AP study says between August and February, almost 900,000 appointments nationwide failed to meet
the agency’s required timeliness standards, and that it took longer than 30 days to see a doctor. Though auditors
acknowledge that it’s going to take more than a year to get the VA back on track, the reports call into question
whether Congress’s massive bill –essentially throwing billions of dollars at the program—will succeed.
Last week, McDonald announced the agency is creating an 11-member advisory board—the Special Medical
Advisory Group—that will be tasked with the overall reform efforts. The board will be comprised of doctors and
health experts familiar with what works best in private, nonprofit and public facilities. McDonald told reporters that
the advisory board will “return the VA to pre-eminence.” [Source: The Fiscal Times | Brianna Ehley | May 03,
2015 ++]
VA Performance Update 04
► Put on Government’s ‘High Risk’ List
Veterans Affairs Secretary Bob McDonald is trying desperately to convince the public that his embattled agency is on
the road to reform. Investigations last year revealed the VA had engaged in cover-ups over hidden wait lists that kept
veterans’ from getting the medical attention they needed for months—sometimes longer. While the VA chief says his
agency is turning around, two federal auditors have issued new reports blasting the VA health system for huge gaps
in oversight, serious management issues and IT failures that put facilities “at risk of not fulfilling their mission.” The
auditors voiced their concerns during a hearing this past week before the Senate Veterans' Affairs Committee, where
they explained why the VA’s health system was placed on the Government Accountability Office’s annual “high risk
list” that flags the most troubled federal programs.
“Risks to the timeliness, cost-effectiveness, quality and safety of veterans' healthcare, along with other persistent
weaknesses GAO and others have identified in recent years, raised serious concerns about VA's management and
oversight of its healthcare system," GAO Healthcare Director Debra Draper said. She went on to describe the most
troubling areas that she said put the VA health system at “risk of failing to serve its mission” including inconsistent
management policies and processes, inadequate oversight, major problems with its information technology systems
and inadequate training for staff. The VA’s own inspector general had a very similar assessment to the GAO’s, which
stands in stark comparison to the VA chief’s outlook on his agency. John Daigh, the assistant inspector general for
the VA echoed Draper’s concerns before the committee: "Too often management decisions compromise the most
important mission of providing veterans with quality healthcare.” He described findings from a recent probe of smaller
hospitals with specialty units and said that it was very challenging for his team to find accurate and unbiased peer
reviews of cases and patient care assessments. Because of that, it was very hard to determine whether veterans at these
hospitals were receiving quality care.
That probe comes nearly a year after Congress approved a $16 billion VA reform bill to help the embattled agency
serve more people and improve oversight and accountability in care at facilities across the country. VA Secretary
McDonald told reporters last week that the VA is improving and has hired about 800 more doctors and 2,000 nurses
to accommodate the increasing demand for treatment as more veterans reach older age and require more care. Still an
independent analysis from the Associated Press said the VA hasn’t improved in meeting that demand. The AP study
says between August and February, almost 900,000 appointments nationwide failed to meet the agency’s required
timeliness standards, and that it took longer than 30 days to see a doctor. Though auditors acknowledge that it’s going
to take more than a year to get the VA back on track, the reports call into question whether Congress’s massive bill –
essentially throwing billions of dollars at the program—will succeed.
Last week, McDonald announced the agency is creating an 11-member advisory board—the Special Medical
Advisory Group—that will be tasked with the overall reform efforts. The board will be comprised of doctors and
health experts familiar with what works best in private, nonprofit and public facilities. McDonald told reporters that
the advisory board will “return the VA to pre-eminence.” [Source: The Fiscal Times | Brianna Ehley | May 03, 2015
++]
VA Performance Update 05
► What GAO Found | GAO-15-580T
To determine which federal government programs and functions should be designated high risk, GAO considers a
number of factors. For example, it assesses whether the risk involves public health or safety, service delivery, national
security, national defense, economic growth, or privacy or citizens' rights, or whether the risk could result in
significantly impaired service, program failure, injury or loss of life, or significantly reduced economy, efficiency, or
effectiveness. There are five criteria for removal from the High Risk List: leadership commitment, capacity (people
and resources needed to resolve the risk), development of an action plan, monitoring, and demonstrated progress in
resolving the risk. In designating the health care system of the Department of Veterans Affairs (VA) as a high-risk
area, GAO categorized its concerns about VA's ability to ensure the timeliness, cost-effectiveness, quality, and safety
of veterans' health care, into five broad areas:
1. Ambiguous policies and inconsistent processes. GAO found ambiguous VA policies lead to inconsistency
in the way its facilities carry out processes at the local level, which may pose risks for veterans' access to VA
health care, or for the quality and safety of VA health care.
2. Inadequate oversight and accountability. GAO found weaknesses in VA's ability to hold its health care
facilities accountable and ensure that identified problems are resolved in a timely and appropriate manner.
3.
4.
5.
technology challenges. Of particular concern is the outdated, inefficient nature of certain systems, along
with a lack of system interoperability.
Inadequate training for VA staff. GAO has identified gaps in VA training that could put the quality and
safety of veterans' health at risk or training requirements that were particularly burdensome to complete.
Unclear resource needs and allocation priorities. GAO has found gaps in the availability of data required
by VA to efficiently identify resource needs and to ensure that resources are effectively allocated across the
VA health care system.
VA has taken actions to address some of the recommendations GAO has made related to VA health care, including
those related to the five broad areas of concern highlighted above; however, there are currently more than 100 that
have yet to be fully resolved. For example, to ensure that processes are being carried out more consistently at the local
level--such as scheduling veterans' medical appointments--VA needs to clarify its existing policies, as well as
strengthen its oversight and accountability across its facilities. The Veterans Access, Choice, and Accountability Act
of 2014 included a number of provisions intended to help VA address systemic weaknesses in its health care system.
Effective implementation, coupled with sustained congressional attention to these issues, will help ensure that VA
continues to make progress in improving the delivery of health care services to veterans. GAO plans to continue
monitoring VA's efforts to improve veterans' health care. An assessment of the status of VA health care's high-risk
designation will be done during GAO's next update in 2017.
Why GAO Did This Study
VA operates one of the largest health care delivery systems in the nation, including 150 medical centers and more
than 800 community-based outpatient clinics. Enrollment in the VA health care system has grown significantly,
increasing from 6.8 to 8.9 million veterans between fiscal years 2002 and 2013. Over this same period, Congress has
provided steady increases in VA's health care budget, increasing from $23.0 billion to $55.5 billion. Risks to the
timeliness, cost-effectiveness, quality, and safety of veterans' health care, along with other persistent weaknesses GAO
and others have identified in recent years, raised serious concerns about VA's management and oversight of its health
care system. Based on these concerns, GAO designated VA health care a high-risk area and added it to GAO's High
Risk List in 2015.
Since 1990, GAO has regularly updated the list of government operations that it has identified as high risk due to
their vulnerability to fraud, waste, abuse, and mismanagement or the need for transformation to address economy,
efficiency, or effectiveness challenges. This statement addresses (1) the criteria for the addition to and removal from
the High Risk List, (2) specific areas of concern identified in VA health care that led to its high-risk designation; and
(3) actions needed to address the VA health care high-risk area. The full GAO Report can be read at
http://www.gao.gov/assets/670/669927.pdf. [Source: GAO-15-580T | Debra A. Draper | April 29, 2015 ++]
VA Board of Directors
► Senators Propose Acting as VA’s BOD
Senators from both parties threw skeptical questions at an interim Veterans Affairs Department undersecretary on 29
APR at a hearing exploring ways to get the controversy-plagued department off the Government Accountability
Office’s list of high-risk government operations. Acting as controversies continue over construction cost overruns at
VA facilities and treatment of whistleblowers, Senate Veterans’ Affairs Committee Chairman Johnny Isakson (R-GA)
said the addition of VA to the high-risk list in February and subsequent unanswered GAO recommendations “are a
symptom of a systemic problem. Much like the [scandal over falsified patient wait times] that erupted in Phoenix this
time [last] year, the problem was not isolated to Phoenix but it was systemic in nature.” Ranking member Richard
Blumenthal (D-CT) spoke of “deep-seated systematic problems” in accountability, information technology and
allocation of priorities. “If someone fails to do his or her job, they should be fired,” he said, calling for “the same
expectations for accountability” as in the military.
Fault-finding testimony from GAO and the VA inspector general’s office was met with respectful pleas for more
time from a VA official, and the hearing ended with a plan for a bipartisan group of senators to play the role of “board
of directors” and help VA focus by coming up with a long-term strategic plan to “get results.” GAO health care analyst
Debra Draper said the veterans health care system was added to the high-risk list due to ambiguous policies and
inconsistent processes; inadequate oversight and accountability; information technology challenges (such as outdated
systems that lack interoperability); inadequate training for VA staff; and unclear resource needs and allocation
priorities. She said 100 past GAO recommendations have yet to be resolved. VA’s health metrics “tend to be selfreporting data, with no verification, and when we go into facilities we find something different,” Draper said. “It’s not
a very rigorous oversight and accountability process.”
Dr. John Daigh Jr., assistant VA inspector general for healthcare inspections, said in written testimony that the
Veterans Health Administration “is at risk of not performing its mission as the result of several intersecting factors.
VHA has several missions, and too often management decisions compromise the most important mission of providing
veterans with quality health care. Leadership has too often compromised national VHA standards to meet short-term
goals. The VHA’s internal processes are inefficient and make the conduct of routine business unnecessarily
burdensome.”
Defending the department’s ongoing reforms was Dr. Carolyn Clancy, VHA’s interim undersecretary for health, who
said, “The secretary and all leaders are thoroughly committed to solutions to remediate the risks,” and the department
takes GAO’s list very seriously. She cited the strategic “road map to excellence” and new tools under the 2014
Veterans Access, Choice and Accountability Act. She mentioned a new organizational chart in which the Office of
the Medical Inspector reports directly to the undersecretary, modernized electronic health records and a new Web
platform that veterans can consult. “The VA has the capacity to address the problems and has directed all senior
leaders to identify resources in the budget to achieve strategic goals,” Clancy said. “This review of our system is
something that we welcome,” she added. “The bottom line is we plan to align budget and execution and empower
employees to do the right thing every time. We look forward to building a stronger system for our veterans that will
be the biggest transformation in a generation.”
Senators criticized Clancy for testimony that Sen. Dan Sullivan (R-AK) called “unfocused” and lacking clear
priorities. (She agreed and offered to amend it, though she got Sullivan’s home state wrong in addressing him.) There
are so many problems, added Sen. Joe Manchin (D-WV), “it feels like we’re piling on.” Clancy said the highest
priority changes were based on judging how quickly capabilities could be fixed and what poses “the highest risks to
patients. It takes time to implement things across the VA system.” Many of the department’s “business practices were
designed 20 years ago when the facilities were seen as laboratories of innovation,” she added. “But the flip side of
that is that is what we got inconsistent processes.”
Frustration at the VA’s reform pace came out in remarks from Sen. Thom Tillis (R-NC) who praised the VA
workers in his home state. “Most of the solutions are good things already going on in the VA,” he said. Tillis then
proposed that the committee approach the VA like the “board of directors” of a private company with national markets.
“It is our fiduciary responsibility to voters to make sure we don’t become a disabler,” he said. “We need to step back
and instead of having hearings and chasing shiny objects, we start looking at the VA on a holistic basis.” Senators
need to “be embedded in an enterprise transformation strategy to address these problems over the long term,” he said.
That means finding “very specific action threads and a strategic timeline to actually produce results,” he added. Tillis
asked whether a “member of the other side” would agree and appoint a committee members to help with such a project.
Blumenthal agreed. [Source: GovExec.com | Charles S. Clark | April 30, 2015 ++]
VA Secretary Update 38
► Congress Cordial No More | Subpoenas Fly
The head of the House Veterans’ Affairs Committee is running out of patience with VA Secretary Robert McDonald.
On 1 MAY, Rep. Jeff Miller (R-FL) sent a strongly worded letter to McDonald after the former Procter & Gamble
CEO fired off a missive of his own taking umbrage with the House panel weighing a subpoena for records from the
VA’s Philadelphia regional office. “This Committee exposed the Department’s delays-in-care scandal at an April 9,
2014, congressional hearing, setting in motion a sequence of events that essentially forced the resignation of your
predecessor and led to you becoming Secretary,” Miller said, referring to former VA chief Eric Shinseki, who resigned
over the controversy. The House committee on Thursday voted without objection to issue the subpoena. The vote took
place a day after the head of the Senate Homeland Security and Governmental Affairs issued a subpoena for documents
related to an investigation into a VA hospital in Tomah, Wisc.
The flurry of documents is more evidence that the relationship between McDonald, who was tapped by President
Obama to clean up the scandal-plagued agency, and Capitol Hill lawmakers has grown considerably rockier in the last
few months. Several lawmakers, including Sen. Marco Rubio (R-FL), a 2016 GOP presidential nominee, have voiced
frustration with McDonald for not doing enough to weed out incompetent employees in the wake of last year’s scandal
over patient wait times. Last month, the VA’s inspector general issued a scathing report that found the Philadelphia
hub ignored thousands of veterans inquires and routinely mishandles benefits claims. Still, the House committee
wanted more details about the abuses that took place at the site, raising McDonald’s ire.
In his letter, he told Miller he was “confused by the need for a subpoena given that on multiple occasions, the
Department of Veterans Affairs (VA) has offered to make available the full, unredacted information you sought. “Had
the Committee staff agreed to certain reasonable privacy conditions, your staff would have seen all relevant and
applicable files,” he added, pointing out that 9,000 pages of documents had been made available "with more to follow."
Miller laid the blame for the dust-up squarely at McDonald's feet. “Contrary to the assertions in your letter, it is the
VA’s actions to stonewall this Committee — actions that began long before your tenure as Secretary, and continue to
occur today — which has eroded the confidence of Veterans and the American people in our ability to work together,”
he wrote. “I trust that through VA’s immediate cessation of its groundless efforts to withhold information, we can
rebuild that confidence,” according to Miller. [Source: The Hill | Martin Matishak | May 04, 2015 ++]
VA Accountability Watch
►
Launched by HVAC
There have been so many scandals at the Department of Veterans Affairs recently that the House Committee on
Veterans Affairs has launched the VA Accountability Watch (http://veterans.house.gov/accountability) to keep track
of the shenanigans going on at the VA. Here’s the explanation that the House Committee on Veterans Affairs posted
on the committee’s website:
The Department of Veterans Affairs provides a wealth of services for some 22 million American veterans, but a rash
of preventable veteran deaths, infectious disease outbreaks and benefit and construction delays has put the organization
under intense scrutiny.
Despite the fact that multiple VA Inspector General reports have linked many VA patient care problems to widespread
mismanagement within VA facilities and GAO findings that VA bonus pay has no clear link to performance, the
department has consistently defended its celebration of executives who presided over these events, while giving them
glowing performance reviews and cash bonuses of up to $63,000.
VA Accountability Watch is dedicated to showing America’s veterans and American taxpayers how the department’s
widespread and systemic lack of accountability may actually be encouraging more veteran suffering instead of
preventing it.
Does VA have the proper management and accountability structures in place to stop preventable veteran deaths,
serious patient-safety issues and benefit and construction delays? Consider the following recent examples and let us
know what you think on Facebook.
Tell Us What You Think at: https://www.facebook.com/HouseVetsAffairs/posts/641713792519808
Washington DC:
 Diana Rubens, the VA executive in charge of the nearly 60 offices that process disability benefits
compensation claims, collected almost $60,000 in bonuses while presiding over a near seven-fold increase
in backlogged claims.
 VA construction chief Glenn Haggstrom collected almost $55,000 in performance bonuses despite presiding
over a host of major construction projects plagued by years-long delays and combined cost overruns of $1.5
billion. The Government Accountability Office documented the delays and cost overruns for projects in Las
Vegas, Denver, New Orleans and Orlando, Fla., in an April 2013 report. When questioned at a House
Committee on Veterans’ Affairs hearing in May, Haggstrom could not explain what he did to earn the
bonuses.
St. Louis, Missouri: More than 1,800 veteran patients of the St. Louis VA Medical Center may have been exposed
to HIV and Hepatitis as a result of unsanitary dental equipment. The facility has remained under fire for patient deaths,
persistent patient-safety issues and critical reports. Despite the problems at the medical center, the facility’s director
from 2009 - 2013, RimaAnn Nelson, received nearly $25,000 in bonuses during her tenure there.
Fayetteville, North Carolina: A December 2012 audit of the Fayetteville VA Medical Center found facility
employees did not complete required suicide prevention follow-ups 90 percent of the time for patients at a high risk
of suicide. The audit also found the center “noncompliant” in cleanliness of patient care areas, environmental safety,
dental clinic safety, training and testing procedures. In July 2012, during an investigation that substantiated patient
misdiagnosis complaints, VA’s inspector general found the responsible physician failed to properly review medication
information 56 percent of the time, a step that is “critical to appropriate evaluation, treatment planning, and safety.”
Fayetteville VA Medical Center Director Elizabeth B. Goolsby received a performance bonus of $7,604 in 2012.
Dallas, Texas: Dallas VA Medical Center Director Jeff Milligan and regional director Lawrence Biro have received
a combined $50,000 in bonuses since 2011 despite a series of allegations from VA workers, patients and family
members regarding poor care at the facility as well as more than 30 certification agency complaints against the medical
center in the last three years.
Philadelphia, Pennsylvania: The director of VA’s Philadelphia regional office, Thomas Lastowka, received a
$23,000 bonus in 2011 despite a doubling in the backlog of disability compensation claims at the office between 2010
and 2011.
Phoenix, Arizona: Phoenix VA Regional Office Director Sandra Flint has received more than $53,000 in bonuses
since 2007 despite a doubling in the office’s backlog of disability compensation claims since 2009.
Columbia, South Carolina: Columbia VA Regional Office Director Carl Hawkins received almost $80,000 in
bonuses despite a doubling in the office’s backlog of disability compensation claims and inappropriate shredding of
disability claims documents.
Waco, Texas: Carl Lowe, the former director of the VA regional office in Waco, Texas, raked in more than $53,000
in bonuses as the office’s average disability claims processing time grew to historic levels, forcing veterans to wait
longer than anywhere else in the country.
Buffalo, New York: David West, a VA health official in New York, pocketed nearly $26,000 in bonuses while
overseeing chronic misuse of insulin pens that potentially exposed hundreds of veterans to blood-borne illnesses.
Dayton, Ohio: For nearly 18 years, the dental clinic at the Dayton VA Medical Center allowed unsanitary practices,
potentially exposing hundreds of patients to hepatitis B and hepatitis C. Dayton VA Medical Center Director Guy
Richardson then collected an $11,874 bonus despite an investigation into the exposures. After nine of the exposed
patients tested positive Hepatitis B and Hepatitis C, Richardson was promoted.
Pittsburgh, Pennsylvania: After persistent management failures led to a deadly Legionnaires’ disease outbreak in
the VA Pittsburgh Healthcare System, VA Pittsburgh director Terry Gerigk Wolf received a perfect performance
review and regional director Michael Moreland, who oversees VA Pittsburgh, collected a $63,000 bonus.
Atlanta, Georgia: Despite four preventable patient deaths, three of which VA’s inspector general linked to
widespread mismanagement, former Atlanta VA Medical Center Director James Clark received $65,000 in bonuses
over four years. Additionally, the facility’s current director, Leslie Wiggins, maintains that no employees responsible
for the mismanagement linked to the deaths should be fired.
[Source: Rochester Independent Examiner | Thomas Mangan | May 04, 2015 ++]
VA Crisis Hotline Update 02
►
Sen Nelson | Does it Meet Vet Needs?
Amid concerns that the Veterans Affairs Department’s suicide hotline has left veterans stranded during high-volume
call periods, a senator has asked VA to investigate the service to ensure it is meeting veterans’ needs. Sen. Bill Nelson
(D-FL) recently sent a letter to VA Secretary Bob McDonald asking for data on the Crisis Line’s call volume, hold
times, and average wait times between when a call is made and the caller can see a VA therapist or counselor, or a
community provider, in person. Nelson’s request was made in response to a news report by Tampa television station
WFTS that Air Force veteran Ted Koran was placed on hold repeatedly for up to 10 minutes at a time as he fought off
suicidal thoughts. According to the report, Koran’s wife died of cancer last year, and he was despondent the day he
made the call. But when he dialed, he was placed on hold numerous times. After he reached a counselor, he said he
did not feel comforted, according to the report. “They had me on the [verge] of saying to hell with it,” he said,
according to WFTS.
Since its creation in 2007, the Veterans Crisis Line has fielded over 1.6 million calls and is credited with 45,000
rescues, according to VA. It receives about 1,300 calls a day and can handle about 1,000, with the rest sent to backup
centers staffed by contractors who are trained by VA counselors. When a short documentary about the Crisis Line
was awarded the Oscar this year for documentary short, comments from readers on the Military Times websites ranged
from praise (“superb”) to frustration (“infuriatingly circular,” “no help at all”). A news investigation by Scripps
released the day of the Academy Awards presentation, 23 FEB, said the number of phone lines at the main call center
in Canandaigua, New York, has grown from four in 2007 to 52 today. More than 250 VA employees staff the phone
banks, three shifts a day. According to Scripps, crisis line complaints have triggered a VA Office of Inspector General
investigation into the service. An estimated 22 veterans die by suicide each day, according to VA, although that
number is inexact because it derives from various sources that do not consistently list suicide as a cause of death, even
when it may be suspected.
VA did not immediately respond to a request for information on the Crisis Line and its backup centers. Typically,
the department does not comment on questions regarding congressional inquiries until it has responded to those
inquiries. Nelson did not give VA a deadline to respond to his request. But he said ensuring that the Crisis Line works
efficiently is “an imperative.” “Don’t tell me that veterans call... and they can’t get an answer — or are put on hold
and they’re desperate, about to commit suicide,” he said. “I want to know why. And I want to know what’s being
done, not only to fix this immediately but make sure it never happens again.” [Source: NavyTimes | Patricia Kime |
May 11, 2015 ++]
VA Claims Backlog Update 145
► 10 Fastest/Slowest VAROs
Baltimore tops a list of the slowest VA offices for responding to veterans disability claims, while Providence, R.I., is
at the opposite end of the spectrum, processing claims almost five times faster, according to a new report from a Senate
working group. The report, released 6 MAY, was prepared by the bipartisan group VA Claims Backlog Working
Group, and endorsed by the group’s five Republican and four Democratic senators, who also proposed legislation
based on the findings to improve veterans’ education about the claims process and increase interagency cooperation.
“The red tape our veterans face is unacceptable, and until the backlog is eliminated, I won’t back down,” the working
group’s co-chairman, Sen. Dean Heller (R-NV) said in a statement.
The backlog is a problem Congress has been grappling with for decades, yet about 188,000 claims — roughly 40
percent of all ongoing claims — have been pending more than 125 days. As the VA has reduced their claims backlog,
the backlog of appeals has grown, leading critics to claim the VA is simply denying more claims so they can be marked
as resolved and dealing with them on appeal instead. The problem was put back in the spotlight with a recent VA
Inspector General’s report that revealed employees at the Philadelphia VA Regional Office were ignoring boxes of
correspondence related to claims — sometimes for years. “The supposed progress being reported by the VA on the
benefits backlogs is a classic shell game,” said Dan Caldwell, legislative and political director for the conservative
veterans group Concerned Veterans for America, in a written response to the report.
In response to Stripes' questions, the VA released a fact sheet about the appeals process and did not directly address
the report or criticism that they are denying appeals in order to improve backlog numbers. The statement said they are
focused on the goal of eliminating the backlog by the end of 2015. “We would reserve comment on the specific
recommendations of the report until it has been thoroughly reviewed,” the statement said. “Regarding the backlog,
VA achieved significant milestones in 2014 that created momentum toward accomplishing the goal of processing all
disability compensation claims within 125 days in 2015.” VA gets credit in the report for making improvements in
claim processing but criticism for not going far enough. “The current backlog breaks the sacred oath the United States
made to our brave men and women when they joined the military,” the report said. “It is our duty to take care of them
if they incur a service-connected disability.”
The report also pointed the finger at other federal agencies, especially the Department of Defense, for slow
responses to VA requests for records crucial to processing claims. The group recommends a 30-day deadline for
agencies to respond to such requests and create liaisons to work between the agencies on claims. Personal examples
in the report of veterans who have grappled with the backlog include:
 A Marine who lost an eye and use of his right arm and leg from an IED explosion waited more than 18
months for compensation.

A woman who flew a Black Hawk helicopter and was involved in a crash that resulted in a broken back and
a spinal fusion was forced to wait more than nine months to be awarded her claim.
Among the recommendations of the report are providing increased education to veterans on the claims process,
improved transparency and accountability for VA managers, and better interagency cooperation to share records
necessary to process claims. “In order to make sure our veterans receive the care that they need and deserve, the VA
must continue to adapt reforms that will allow the VA to run more efficiently and effectively,” Working Group
member Sen. Joe Manchin (D-WV) said in a statement.
Following are the 10 best and 10 worst VA Regional
Office’s performance in processing claims. Wait times, shown in average days, cover the 2015 fiscal year to date:
Wait times at Veterans Affairs Regional Offices
Ten Best VAROs
DAYS
1. Providence, RI ----------- 60.4
2. Fort Harrison, MT ----- 103.9
3. Lincoln, NE ------------- 118.8
4. Togus, ME -------------- 121.3
5. Cheyenne, WY --------- 138.2
6. Fargo, ND --------------- 141.1
7. Seattle, WA ------------- 142.7
8. Sioux Falls, SD --------- 147.4
9. Salt Lake City UT ------ 148.3
10. Boise, ID ---------------- 151.1
Ten Worst VAROs
DAYS
1. Baltimore, MD ------------ 280.6
2. Jackson, MS --------------- 270.8
3. Reno, NV ------------------ 257.9
4. Philadelphia, PA --------- 249.7
5. Los Angeles, CA --------- 244.7
6. Chicago, IL --------------- 244.1
7. Oakland, CA -------------- 240.5
8. Indianapolis, IN -----------236.7
9. Boston, MA ----------------235.1
10. St. Petersburg, FL -------- 231.2
[Source: VA Claims Backlog Working Group 2015 Report | Stars & Stripes | Heath Druzin | May 6, 2015 ++]
VA Vet Choice Program Update 15
► Remove 40-Mile Rule
Congress and the Veterans Affairs Department are working to change eligibility rules and open the VA Choice
program to veterans who can't get needed medical care at their closest VA facility. Sen. Johnny Isakson (R-GA)
chairman of the Senate Veterans' Affairs Committee, said lawmakers and VA officials are working to change the
regulation that bars veterans from using the private care program if they live within 40 miles of a VA clinic, even if
that facility does not offer the services the veteran needs. The rule has come under fire from lawmakers and veterans
who say it has kept thousands from using VA Choice, a program launched in November to reduce patient wait times
for appointments and improve access to health services.
Since the kickoff of VA Choice, nearly 51,000 authorizations have been issued to veterans to use the program,
resulting in 48,642 appointments. But more than 8 million VA Choice cards were issued, an indication that the program
is falling short of its intended purpose, veterans advocacy groups and lawmakers noted at a Senate Veterans' Affairs
Committee hearing 12 MAY. According to a survey by the Veterans of Foreign Wars, the percentage of veterans
waiting more than 30 days for a medical appointment actually increased by 10 percent since VFW last surveyed
veterans in February. And while more people are being offered VA Choice, according to the survey, 19 percent of
those who decided to use it report waiting longer than 30 days for an appointment. "Anyone who believes this crisis
has been solved is living in an alternative universe," said Sen. Richard Blumenthal (D-CT), the committee's ranking
Democrat.
Lawmakers did not provide a time frame for when the eligibility change to occur. The Senate passed a resolution
in March on a 100-0 vote to change the rule; a House bill, H.R.1909, has been introduced but has not yet been
considered by committee. The VA estimates that the change could cost the department $4 billion to $34 billion a year,
according to VA Deputy Secretary Sloan Gibson. Gibson said VA needs "greater flexibility" in its contracting
agreements for community care to expand the eligibility rules and cover costs. "We will be unable to sustain that pace
without greater program flexibility," he said. VA has asked for authority to use a portion of the $5 billion allotted for
infrastructure and improvements by the Veterans Access, Choice and Accountability Act to cover more than $700
million in cost overruns for a new VA medical center in Denver, Colorado. Gibson also asked on Tuesday to use part
of the $10 billion allotted for VA Choice to cover the cost of hepatitis C treatments for veterans. He said VA already
has moved $688 million from its community care account to cover those costs, but needs more. "It was the right thing
to do, but it wasn't enough," Gibson said.
In February, VA Secretary Robert McDonald asked Congress for more flexibility in using VA Choice dollars, but
that request met a mixed reaction on Capitol Hill, with many lawmakers saying they want the two-year program to
remain untouched while it is determined how many veterans actually could benefit from it. Veterans organizations
said they believe veterans need more education on the program and VA staff needs to be trained to help veterans
seeking care. Veterans who call about the program often are told they are ineligible, or staff does not provide the
necessary medical documentation to schedule appointments through the program or are slow to process requests for
follow-up treatment. American Legion officials said that in Puerto Rico, for example, veterans have been told that
none on the island were eligible for the program since no point is more than 40 miles from a VA medical facility there
— as the crow flies. However, that strict geographic rule was changed in April to account for potentially winding
roads between the homes of veterans and their nearest VA medical facility. "The American Legion is concerned that
due to improper training, some VA medical centers are not offering Choice access to their veterans at all," said Roscoe
Butler, the group's deputy director for veterans affairs and rehabilitation.
Gibson said roughly half of veterans offered VA Choice say they'd rather be seen at a VA facility. He added that
some also prefer being seen at VA facilities because they do not have to pay Medicare or Tricare copayments, which
some veterans and military retirees must do when they use civilian care. He suggested VA could perhaps be a second
insurance payer to these other programs, allowing veterans what he called "true choice." "This isn't about protecting
turf. We are all about caring for veterans and being good stewards of taxpayer dollars," Gibson said. [Source:
MilitaryTimes | Patricia Kime | May 12, 2015 ++]
VA Cybersecurity
► Cyberattacks Increase 262% in 5 months
The Department of Veterans Affairs has seen a dramatic uptick in cyberattacks recently, fending off almost 1.2 billion
attempts to put malware on its networks in March alone — a trend that has agency cybersecurity officials worried.
For perspective, VA reported fielding just under 330 million malware attempts in November, when the agency began
issuing monthly information security reports. This represents a 262 percent increase within five months. "The
electronic ecosystem is under assault," VA CIO Stephen Warren said during a monthly call with reporters 30 APR.
"In a [five] month period we've quadrupled in the level of threat. If you pull the data on each month, we're on an
exponential growth rate."
VA security systems were able to block or contain all incoming breach attempts in March but that won't be possible
in the future if the current trends continue, Warren said. If these numbers continue to grow at the current rate, Warren
estimates the agency will see as many as 5 billion attempts next month. "At some point we will be overwhelmed; at
some point the huge volume and the number will basically start breaking things on us," he said, noting the 1.2 billion
attempts in March represent approximately 45 per second. Exactly how many attempts equal critical mass is unclear,
Warren said, particularly as VA continues to strengthen and streamline its defenses. "Whether it's at 5 billion a month
— below 5 billion or above 5 billion — we don't know," he said. "At a certain point it doesn't matter how bad they
are, there are just so many that they will get through. I'm not sure where the break point is," but the team at VA is
concerned that point might come sooner than later.
"To deal with the continued exponential growth in the threat, we've been basically continuing to build on our
defense-in-depth, as well as some of the continuous monitoring tools we have in place," Warren said, though, at some
point, even these efforts won't be enough. Warren said he hopes Congress and the international community are paying
attention. "Somehow we as a nation — or maybe internationally — somebody has to take on the size of the threat and
the rate at which it's growing," he said. "We need to figure out how we take this on together as a society."
March Intrusions
[Source: Federal Times | Aaron Boyd | April 30, 2015 ++]
VA Whistleblowers Update 24
► VA Retaliation Prevention Act
David Tharp, a Department of Veterans Affairs psychologist, says he was so distraught by retaliation he suffered as
an agency whistleblower that he went to war for relief. After his complaints about research deception and other
corruption at a VA facility in Waco, Tex., “the pressure of hostilities was so intense, my wife and I decided my only
options were to quit the VA or deploy to a war zone,” said Tharp, who also is a lieutenant colonel in the Air Force
Reserve. “At least in Kandahar, Afghanistan, I knew who my enemy was. At the VA, I come back and it’s been a
minefield ever since — and continues.” Tharp, whose work has been honored by the Air Force Association and the
Disabled American Veterans, was deployed to Afghanistan from October 2010 to May 2011. He began his
whistleblowing activities in 2009.
Tharp’s story is another in a long list from VA whistleblowers who suffered management reprisals after exposing
agency problems. “Incredibly, even as the department has reached legal settlements with whistleblowers who endured
retaliation, those who retaliated against them have gone unpunished,” said a statement from the office of Rep. Jeff
Miller (R-FL), chairman of the House Veterans’ Affairs Committee. He wants to change that with legislation that
could set a precedent for the rest of government. If his proposal becomes law, it could be a breakthrough in providing
protections for whistleblowers. But it also could backfire. The Veterans Affairs Retaliation Prevention Act provides
penalties for supervisors who take revenge against whistleblowers. Retaliators would be suspended for at least 14 days
for the first offense and fired for the second. It also would give preference to transfer requests from whistleblowers.
One important provision would require supervisors to notify whistleblowers about the specific actions taken to address
their complaints. This should help stop some of the coverups.
A coalition of good-government groups praised Miller for proving “a major breakthrough in the struggle [of] VA
whistleblowers to have credible rights when defending the integrity of the agency mission.” VA doesn’t think so. A
VA statement said, “The department appreciates the committee’s efforts, but we believe the specific whistleblower
disclosure and protection procedures provided by this bill would be unworkable, The legislation also would duplicate
other long-standing “remedies and programs specifically created to address claims of improper retaliation in the
workplace. . . . We believe these current whistleblower protections are effective, and VA is working closely with OSC
[Office of Special Counsel] to ensure the Department and its employees are gaining the maximum benefits from its
remedies and protections.” But Christian Head, a VA surgeon and whistleblower in Los Angeles, said VA’s central
office in Washington “really doesn’t want the power to do this because it places the responsibility on them.” VA
officials would not discuss Head and Tharp. Tharp is optimistic about the legislation, saying “this bill would have
changed my life.”
That wouldn’t necessarily be a good thing, however. Advocates worry that a provision of the bill could be turned
on whistleblowers. This bill, like a law aimed at VA Senior Executive Service members that passed last year, slashes
due process rights for those accused of wrongdoing. It allows them one week to appeal termination or a disciplinary
transfer. This severely stunted process could be used against those it is designed to protect. Advocates say that
retribution sometimes takes the form of accusing whistleblowers of retaliating against others. “That provision can be
a two-edge sword,” said Tom Devine, legal director of the Government Accountability Project, which signed the goodgovernment groups’ letter to Miller. “We’re nervous that sacrificing due process could deprive whistleblowers of an
opportunity to defend themselves against Machiavellian charges.” But Devine also says there “needs to be something
dramatic to send a message . . . there needs to be severe consequences” for retaliating against whistleblowers.
“It’s a work in progress,” Devine said. The bill has been approved at the subcommittee level and will be considered
by the full committee. Another point that needs work is the provision that gives supervisors just two business days to
notify whistleblowers in writing of “whether the supervisor determines that there is a reasonable likelihood that the
complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse
of authority, or substantial and specific danger to public health and safety.” Who can determine that in two days?
Devine said the notification should indicate that the complaint has been received.
As written now, Head said, the provision could be used by even well-meaning managers to deny complaints simply
because they didn’t have time to investigate the allegations. Head told Congress this month that his office was moved
from the chief of staff’s suite to a former storage room after his testimony to Congress last year. He said no one was
punished for that action. Overall, he said, the bill is a good first step because “until they [VA officials] show a
willingness to punish one individual, people are going to feel they can move with impunity. “I’m profoundly
disappointed in the behavior of the leadership of Veterans Affairs, because I think we’re a better institution than this,”
he added, frustration clear in his voice. “All the fabulous things we have done — we’re squandering that goodwill on
people who don’t deserve it.” [Source: The Washington Post | Joe Davidson | April 28, 2015 ++]
VA Whistleblowers Update 25
► VA Illiana HCS Retaliation
Landis Bradfield has a master’s degree in nursing and more than 12 years of experience working for the Department
of Veterans Affairs, yet he has not helped a patient in nearly six months. When Bradfield reports to work at the VA
Illiana Healthcare System in Danville, Illinois, he heads to the library at 7:30 a.m. and spends the entire day sitting
and doing nothing — just as he has done every day since November. The forced inactivity, he believes, is retaliation
for blowing the whistle on poor patient care and other problems at the facility. Bradfield raised issues with
management about practices such as improperly stored medicine and used syringes, poor performance by other
employees and other instances of bullying in the workplace prior to being removed from patient care and forced to sit
idle in the library.
Bradfield is one of two nurses whom the VA is preventing from seeing patients, doing administrative work or
taking classes required to stay current on their nursing credentials. Even if the agency said they could go back to work
tomorrow, Bradfield said, he would have to complete almost an entire new employee-orientation process before he
was able to get back to his regular job, as all of his training certifications are out-of-date. “There’s still two of us [who]
for six months now have provided no service to the veterans [yet are] drawing full salary. At the very least, that is a
waste,” he told The Washington Times. “As an employee, I am glad I’m getting my salary. As a taxpayer, I am very
irritated that people get paid to do nothing.”
The VA has long been criticized for retaliating against those who bring to light practices it would rather not address
publicly. Last month, a House oversight subcommittee on oversight and investigations hearing aired charges of
continued whistleblower retaliation within the VA. “The retaliatory culture, where whistleblowers are castigated for
bringing problems to light, is still very much alive and well in the Department of Veterans Affairs,” subcommittee
Chairman Mike Coffman, Colorado Republican, said at the April 13 hearing. Critics say the retaliation has persisted
despite the naming of new VA Secretary Bob McDonald last July. Mr. McDonald, a West Point graduate, has
repeatedly promised he would punish officials who retaliated against employees who report wrongdoing. Yet the
problem isn’t subsiding.
“The number of new whistleblower cases from VA employees remains overwhelming,” Carolyn Lerner, head of
the U.S. Office of Special Counsel, which oversees compliance with federal whistleblower statutes, told the House
Veterans’ Affairs subcommittee hearing in April. She said over 40 percent of the whistleblower retaliation cases her
office is investigating come from VA agencies, more than any other government department. Her office has settled 45
claims since the start of the fiscal year and has about 125 more cases pending.
Ann Good, who works as a nurse for the VA in Danville, Virginia, has also felt the wrath of the VA after she voiced
complaints to management. Ms. Good, who has worked for the VA for eight years, became so bored during the first
month she was placed in the library that she sought out administrative work and asked departments if she could make
photocopies or do filing. “I was told I couldn’t do that anymore because it was preferential treatment and [was] told
to go sit in the library,” she said. “I just think we’ve ticked some people off, and they don’t want to let us to go back
to work, to be honest.” Wade Habshey, a spokesman for the VA in Danville, said top officials of the facility are aware
of the two employees’ complaints about their treatment. “We have received complaints, and leadership and human
resources [are] looking into allegations which have to do with why they were moved from their place of work and
transferred to the library,” he said.
Habshey also said the VA regional office provided information on how to submit a formal complaint to the Office of
Special Counsel.
Mr. Bradfield worked as a nurse in the Green House Project, a type of long-term care that gives patients more
independence and freedom. Patients who cannot live alone are put into homes where they have private rooms as well
as shared living rooms and dining rooms, an effort to make the accommodations less like the stark nursing homes
typical of long-term care. Since he has been relegated to the library and forbidden to interact with patients, he said
three patients in the Green House facilities have developed bed sores — a sign that the department is understaffed as
two of its most educated nurses sit and do nothing all day. He also said those nurses who are still allowed to work in
the Green House Project don’t have the time or patience to give residents the freedom the program is designed to
provide. For example, he said two patients who can only walk with difficulty are no longer walking at all because staff
aren’t willing to help prevent them from falling. “Neither one of those guys can walk now. They just put them in a
wheelchair and push them where they want to take them, because they don’t have the time or the patience to deal with
them,” he said.
Ms. Good agreed that some patients are receiving substandard care at the facility but declined to go into details,
citing privacy concerns of patients. Other nurses in the program who faced retaliation for speaking out have left the
VA to go work at other hospitals, she said. “They kept advising me that I should leave,” she said. “I’m sorry, but the
reason I took this job was to make sure veterans are being taken care of. The main part of our job is to focus on the
guys.”
Bradfield said the VA refused to negotiate with him and his lawyer, citing an ongoing investigation, though they
wouldn’t tell him what the probe was about. Yet when he called the inspector general, he was told there was no
ongoing investigation. As a result, Bradfield said he decided to file a formal complaint with the Office of Special
Counsel. Neither the VA inspector general nor the Office of Special Counsel returned a request for comment on the
case. Good said she too has contacted her representatives in Congress and high-level employees at the VA, but has
not gotten a response, though she said she will keep trying for the sake of veterans who aren’t getting adequate care.
“If you’re going to just be mean to me, that’s one thing,” she said, adding, “but we know from some things going on
out there that [veterans] are not receiving the best care they can get.” [Source: The Washington Times | Jacqueline
Klimas | May 07, 2015 ++]
VA Claim Processing Update 12
► Senators Seek Independent Review
Troubled by delays in handling of veterans claims, a bipartisan group of senators is seeking a wide-scale independent
review of the Department of Veterans Affairs for mismanagement and changes to improve budgeting and speed up
applications. A report released 6 MAY by nine senators acknowledged recent efforts by the VA to reduce disability
and pensions claims backlogs but said it wasn't enough. Pointing to the VA's worst performers such as the Philadelphia
regional office, they were announcing legislation that would require the Government Accountability Office to
investigate all 56 regional offices for problems. It was the latest sign of congressional concern that recent findings of
mismanagement at the Philadelphia VA — including neglected mail, manipulation of dates to make old claims look
new, and alteration of quality reviews — might point to a broader, department-wide problem. "The VA system again
finds itself engulfed in another scandal," said Sen. Dean Heller, R-Nev., co-chair of the Senate's VA backlog working
group. VA offices nationwide are suffering from poor management, he said, proving "it is time for an overhaul of the
entire system."
Sen. Bob Casey (D-PA), the other co-chair, said he too was worried that problems were not isolated to Philadelphia.
"It's simply unacceptable to have a veteran with a disability wait hundreds of days for their claim to be resolved," he
said. The VA says there are 161,000 disability and compensations claims on backlog, defined as pending over 125
days. That's down from a peak of 611,000 in March 2013. But the VA inspector general has questioned the accuracy
of the data. Based on a review of VA records, the Senate report said the 10 worst-performing regional offices as judged
by wait times were Baltimore; Jackson, Mississippi; Reno, Nevada; Philadelphia; Los Angeles; Chicago; Oakland,
California; Indianapolis; Boston; and St. Petersburg, Florida. As of April, the VA's inspector general had documented
doctored data or other problems at five of the 10 offices.
The report calls on the IG to determine whether claims processors should be held to deadlines and calls on the
department to beef up manager training, complete an updated assessment of staffing and budget needs within six
months, and keep Congress informed about its transition to an electronic claims systems. Allison Hickey, the VA's
undersecretary for benefits, has said she does not believe problems in Philadelphia are "systemic" but more likely a
case of misunderstood policies. Delays in compensation claims prompted veterans groups to seek changes last year
before attention shifted to problems at the Phoenix VA medical center. The VA ultimately found that patient waits
and falsified records in its health network were "systemic," leading to the resignation of VA Secretary Eric Shinseki.
[Source: The Associated Press | Hope Yen | May 06, 2015 ++]
VA Websites Update 01
► Veterans.gov to Manage 350+ Benefit Programs
Veterans will soon be able to log in to just one website to manage their benefits, apply for doctors' appointments, and
determine their eligibility for programs. Tom Allin, the first chief veterans experience officer at the Veterans Affairs
Department, said in an interview with Federal Times the website will go live around May 20, but will first be open to
around 50 veterans to help beta test the navigation, fonts and organization of the new portal. By the end of the year,
all veterans will be able to use Veterans.gov to manage more than 350 benefit programs without having to switch
websites, call multiple numbers or file large amounts of redundant paperwork. The goal? A single unified digital
experience that makes it easier for veterans to get the benefits they deserve, according to Allin.
The Veterans Affairs Department has been pushing to improve customer service under the current VA secretary
Bob McDonald. Allin is spearheading many of the customer service issues that veterans deal with every day. "The
two biggest initiatives that I am focused on right now is to try to make everything we do more consistent and number
two, make it easier," Allin said. Once veterans register, the website will automatically know their eligibility levels for
different programs and will tailor their experience using that information, according to Allin. The website will also
notify the veteran of various programs they are eligible for but are not using. "The goal will be that veterans will
eventually be able to get everything taken care of online with a single sign on. They will be able to add a dependent,
change their address, schedule an appointment or check on their claim status and get everything done online in a
seamless way versus what they are doing today across multiple websites," Allin said.
While the website will begin as a "wireframe" the VA will add new functions to it monthly, until they have a
working model that serves veterans in an easy-to-understand and streamlined way, Allin said. The VA is integrating
more than 200 different databases across the agency in order to gather information related to military service, contract
information, demographics and how they are currently using VA services in order to make sure the agency at every
level has the information they need to provide good customer service, Allin said. The VA is also working on
consolidating what Allin said were more than 1,000 hotlines available to veterans across the agency. Instead, veterans
will just call one phone number, and the person answering will have access to all the information they need to help. If
a veteran requires special assistance, they will simply be transferred to someone who can help them, instead of
requiring veterans to call a different number, Allin said. "My goal is that we have some visible changes in the next
three months. And I am sure that some of the initiatives that we have will have a significant impact on the veterans,"
Allin said. [Source: FederalTimes | Andy Medici | May 05, 2015 ++]
VA Fraud, Waste & Abuse
► Reported 01 thru 14 May 2015
Ann Arbor Healthcare System. A former federal employee admitted embezzling about $150,000 from a Veterans
Affairs retail store and blowing the cash on strippers, prostitutes and gambling sprees, the Justice Department said 5
MAY. Glenn Alan Bates, 57, of Saline schemed to steal money from a VA retail store — or canteen — he managed
in Ann Arbor, according to a criminal complaint filed in federal court. If convicted, he faces up to 10 years in prison.
Bates, who was released on $10,000 unsecured bond Tuesday, told investigators he spent some of the cash on a stripper
named "Ashley" at an Ohio strip club, according to court records. He said he often spent $500 a night on lap dances
— and more. "After visiting the club numerous times, Glenn Alan Bates convinced Ashley to come to his hotel room
for sex, for which he paid her," VA Special Agent Frederick Lane wrote in a court filing.
Al Bates
The hotel trysts were frequent and non-exclusive. Bates said he also met with other strippers and prostitutes,
according to court records. "Glenn Alan Bates stated he became addicted to the sexual encounters and he stole cash
from the canteen to pay for this addiction," Lane wrote. Bates was an assistant coach for the varsity baseball team,
varsity girls' basketball team and varsity football statistician, according to the Saline Post. The Post said Bates was no
longer involved with the schools "effective immediately." According to court records, Bates told investigators he spent
part of the money at casinos in Indianapolis and Battle Creek. Bates and his court-appointed lawyer, Stacey Studnicki,
could not be reached for comment Tuesday.
The investigation dates to May 2013 after an audit discovered more than $478,000 missing from the retail store.
The store is part of the VA Ann Arbor Healthcare System on Fuller Road. The retail stores are operated by the Veterans
Canteen Service, a VA branch catering to veterans who receive military health care benefits. The canteens sell food,
clothing and electronics. The VA's Office of Inspector General launched an investigation that focused on cash missing
from the sale of commemorative military hats, vending machines and retail sales. Bates managed the store from May
2006 to March 2013. He told investigators he stole about $150,000, according to court records. Bates was hired to
manage the VA canteen despite an extensive criminal record, The Detroit News has learned. He served 18 months in
federal prison in the late 1970s after being charged with stealing a car, according to the U.S. Pretrial Services Agency.
He also was charged with felony arson in 1992 and sentenced to probation. [Source: The Detroit News | Robert Snell
| May 06, 2015 ++]
o-o-O-o-oVA Acquisition and Logistics. The senior official for procurement at the Department of Veterans Affairs has accused
his own agency of violating federal contracting rules to the tune of at least $6 billion per year, according to a published
report. The Washington Post reported 14 MAY it had obtained a 35-page memo sent this past March by Jan Frye, the
VA's deputy assistant secretary for acquisition and logistics. In it, Frye accuses other agency officials of "gross
mismanagement" and making a "mockery" of federal laws that require competitive billing and contracts for various
acquisitions. "Doors are swung wide open for waste, fraud, and abuse." Frye writes, according to the Post. "I can state
without reservation that VA has and continues to waste millions of dollars by paying excessive prices for goods and
services due to breaches of Federal laws." Among the improper practices Frye mentions in his memo is the use of
purchase cards to pay for billions of dollars in medical supplies without contracts. In one case, Frye says $1.2 billion
worth of prosthetics was bought over an 18-month period ending last year with cards only meant for minor purchases
worth up to $3,000.
The Post reports that Frye suggests that use of the cards is an "easy button" way of making purchases. Ultimately,
Frye says 2,000 purchase cards were issued to VA employees, not all of whom were qualified to buy certain items. At
one point, Frye says a New York supervisor used $25,000 cards to purchase more than $50 million in prosthetics by
charging increments of $24,999. Frye also says that the VA has not engaged in competitive bidding or contracted with
outside hospitals and health care providers that provide services that the agency can not, violating federal rules
emphasized by the agency's own general counsel. He adds that similar problems affect the purchasing of medical and
surgical supplies and such practices "extend back many years." VA spokeswoman Victoria Dillon responded by telling
the Post that some of the care paid for by the agency is not covered under federal laws governing acquisitions. She
also noted that the agency has increased authorizations for outside medical care by 46 percent in the first four months
of this year over the same period last year.
In the memo, Frye says he attempted to raise purchasing issues with senior VA officials, but was ignored. "These
unlawful acts may potentially result in serious harm or death to America’s veterans," Frye writes. "Collectively, I
believe they serve to decay the entire VA health-care system." The paper reports that Frye is scheduled to testify
before the House Veterans Affairs Committee 14 MAY about his allegations of fraud and waste in the purchasing
card program. The 64-year-old is a retired Army colonel who the Post says has overseen the VA's acquisition and
logistics program since 2005. [Source: FoxNews.com | May 14, 2015 ++]
·
VA Lawsuit | DAV/VFW
►
Informal Claims Process Elimination
Another coalition of veterans groups is suing the Veterans Affairs Department i over its changes to the informal claims
process, saying officials have created "a rigid and veteran-unfriendly system." Disabled American Veterans and
Veterans of Foreign Wars filed suit 7 MAY in the Federal Circuit Court of Appeals, arguing that VA's decision to end
the informal claims process could prevent thousands from receiving benefits they are owed. "Some veterans may be
physically, mentally or financially unable to access the correct forms and VA is not providing a reasonable
accommodation," DAV National Service Director Jim Marszalek said in a statement. "This creates an unfair
disadvantage for many veterans and places them in a situation where critical compensation will be denied or delayed."
It's the second major lawsuit against the department on the issue since March, when VA officials announced plans
to dump the informal claims process. For years, that process had allowed veterans to use any documentation —
including handwritten letters and simple one-line notes — to initiate their benefits claims. The loose nature of the
process locked in effective dates for future payouts but also left department officials complaining about the lack of
consistent and coherent information to start work on cases. Now, VA requires the claims process to begin with a new
standardized form, made available by the department online, by phone or for paper submission. But veterans groups
have argued that move places too much of a burden on veterans, noting that individuals filing informal claims are
unfamiliar with VA resources and procedures.
Just days after the policy shift, a coalition that included the American Legion, AMVETS, the National Veterans
Legal Services Program and Vietnam Veterans of America sued to reverse the changes. The new lawsuit follows that
same goal. "Congress' intent for the VA was to create a system that would 'fully and sympathetically develop the
veteran's claim to its optimum before deciding on its merits,' " Marszalek said. "And that is clearly not the case with
this new policy." VA officials have been vague about how many veterans could be affected by the changes. Veterans
groups estimate the figure could top 100,000 claims over the next 12 months. Department officials have dismissed
criticism of the changes, arguing the new forms are simply bookkeeping changes that will not significantly harm any
veterans.
A backlog of disability claims has dogged the VA for years and while the agency has significantly reduced the
number of claims pending for more than 125 days, some critics say this has been done partly by denying more claims
and sending them to the appeals process. As more claims are closed, the appeals backlog has been growing. VA
officials have said the new system will get veterans their benefits more quickly and said insinuating that disabled
veterans cannot fill out paperwork is insulting. According to numbers the VA used to get the rule change approved,
about half of all veterans filing claims or appeals used the informal system before the change. [Source: MilitaryTimes
| Leo Shane | MAY 07, 2015 ++]
VAMC Aurora Update 09
► VA OIG Lack of Oversight
From 2010 through 2014, the internal watchdog at the U.S. Department of Veterans Affairs issued more than 1,500
reports on the sprawling federal agency — each intended to investigate, improve or fact-check the VA. But not a
single one focused on the agency's unfinished hospital in Aurora, a $1.73 billion project that has obliterated its initial
$328 million estimate by $1.4 billion and led one member of Congress to call it the biggest construction failure in VA
history. The lack of oversight comes in spite of the fact that the VA Office of Inspector General — which has an
annual budget of about $126 million — has two units in Denver that conduct criminal investigations and do health
care inspections. The absence of an inquiry from the OIG also follows years of warnings about rising costs. Congress
took notice as far back as 2006, and another federal watchdog, the Government Accountability Office, sounded the
alarm as early as 2009. And, on at least two occasions, federal lawmakers asked the OIG to take a look at the Aurora
project and were rebuffed.
According to OIG officials and letters between Congress and that office, the watchdog group refused to investigate
the construction effort because of a legal battle between the VA and the project's prime contractor, Kiewit-Turner that
began in July 2013. Responding to an August 2013 request for an investigation from U.S. Rep. Mike Coffman, RAurora, a top OIG official wrote that it would be "inappropriate for the OIG to review this matter at this time" and
that the office's involvement would be "duplicative." The OIG took a similar tack after U.S. Sen. Michael Bennet in
April 2014 also asked for an investigation. OIG officials began an inquiry — then stopped — because of concerns
about interfering in the legal fight between the VA and Kiewit-Turner that was ongoing in the U.S. Civilian Board of
Contract Appeals.
That the OIG declined to investigate the Aurora project because of a court battle is not unusual, said two other
inspectors general. But if the OIG had gone forward anyway, that kind of action would be neither unprecedented nor
prohibited. And federal lawmakers said a lack of oversight from the VA inspector general is yet another reason the
cost of the Aurora hospital spiraled out of control. "A report from that office could have put the kind of pressure we
needed on the VA to start listening to the rest of the world about the problems with the project," Bennet said in a
statement. The Colorado Democrat also said the VA itself was to blame for pursuing a "winner-take-all legal strategy"
in its fight with Kiewit-Turner, as it "caused longer delays while the overruns increased, costing taxpayers more
money." With that case settled — against the VA — in December, OIG spokeswoman Joanne Moffett said the office
would take a look. "We are in the planning stage of an audit of the Denver construction project," she wrote. But
members of Congress said the effort would be too little, too late. The VA already has admitted it would cost $1.73
billion to build the hospital, with an additional $340 million to fill it with furniture, hospital beds and other medical
equipment.
Critics say the OIG should have looked at the project long before the case was settled — either when Colorado
lawmakers made the request in 2013 and 2014 or when other warnings popped up. As a member of the House veterans
committee, Coffman requested an investigation of the Aurora project in 2013 and specifically sought accountability
for the problems. "We request you identify the officials in the VA who should be held accountable for the project's
many shortfalls," according to the letter from Coffman and fellow lawmaker U.S. Rep. Ann Kirkpatrick, D-Ariz.,
when the project was only $200 million over budget. The letter to George Opfer, then the VA inspector general,
identified four other specific requests: side-by-side comparisons of the before-and-after budgets on the project; a
breakdown of change orders that caused the overruns; payments owed and made to contractor Kiewit-Turner for
subcontracts; and the name and title of any VA official with authority to approve project decisions.
The committee got none of that. Instead, it got a letter from deputy inspector general Richard Griffin, who wrote
that any review would be "viewed by the VA and the contractor as interfering in the litigation" because each party
would be answering to the board as well as investigators. Griffin said his office would "monitor" the case and "if we
determine that it is appropriate for the OIG to review issues associated with this project, we will initiate a review."
Two members of the Association of Inspectors General said the actions taken by the OIG were not uncommon.
Stephen Street, president of the group and the inspector general for Louisiana, said one concern is that an inspector
general could get dragged into the legal proceedings and face the risk that investigators could have their records
subpoenaed, which would force the office to spend time defending its independence. Still, Street said there was no
"cookie-cutter approach."
Patrick Blanchard, who serves on the group's board of directors and as the inspector general of Cook County, Ill.,
said pending litigation was a "relevant" factor in whether an inspector general should pursue a case but that litigation
“would never serve as an absolute bar against it." "It's a case-by-case situation," he said. At least one top VA official
wants the OIG to do more. In a letter sent last week to Congress, VA Deputy Secretary Sloan Gibson asked permission
to route an extra $15 million to the inspector general to "provide better oversight of VA operations." [Source: The
Denver Post | Mark K. Matthews and David Migoya | April 30, 2015 ++]
PTSD Update 188
►
Name Change Could Lessen Stigma
For the 2.7 million Americans who fought in the Vietnam War, the painful memories of the conflict still linger on 40
years later. Some of them have also suffered mental health problems. As American soldiers returned from the war in
Vietnam doctors in the US started to notice a pattern to their ailments. "It took a while for many of us in my field to
recognize that so many of the returning combatants had problems," said Dr. Frank Ochberg, PTSD researcher.
Nightmares, flashbacks, increased use of drugs and alcohol -- symptoms similar to those seen in survivors of disasters,
rape and other violent crimes. In previous wars this array of conditions might have been called "Shell Shock" or the
"Thousand Yard Stare." In 1980 it was officially recognized by U.S. doctors and given a name: Post Traumatic Stress
Disorder-PTSD.
That legacy of Vietnam has helped soldiers like Sergeant Major Kenneth Agueda. After three combat tours in Iraq
he was struggling. I was having a hard time falling asleep and staying asleep and the nightmares were waking me up
at night," he said. While deployed in Iraq he knew others were struggling, too. "We hardly spoke about it, especially
the ones that were most affected by these issues were the ones that spoke about it the least because it's mainly alpha
males that are hard and they've done training and overcame so much to prove that they can do it. To express something
like that it was taken usually as a sign of weakness," said Kenneth Agueda, Sgt. Major of US Army. But Agueda knew
it was time to break this wall of silence. He spoke to his troops and shared what he was dealing with. Others then came
forward. Together they sought help.
Those men weren't alone. According to the US Department of Veteran Affairs, about 30 percent of Vietnam Vets
have suffered from PTSD at some point since their service ended 40 years ago. For veterans of the wars in Iraq and
Afghanistan-- 11 to 20 percent deal with PTSD during any given year. Now some doctors are pushing to change the
name to Post Traumatic Stress Injury, saying that adding the word "injury" will further reduce the stigma associated
with the condition "When you come back from war with an injury there is honor for you, there is comfort, there is
actually a medal of recognition," said Dr. Frank Ochberg. Doctors have been refining treatments and the military has
slowly taken the issue more seriously. Sergeant Major Agueda says the military has a long way to go in treating PTSD,
but treatment has helped him -- especially with the nightmares. "Some of it is medication but I also learned to do
imaging of different thoughts that were more peaceful and in the middle of the night I train my brain to switch those
moments and forget about the nightmares," Agueda said. [Source: CCTV | Jim Spellman | May 02, 2015 ++]
*********************************
PTSD Update 189 ►
Illinois Advisory Board Recommendation
An Illinois advisory board has voted to recommend that post-traumatic stress disorder among military veterans be
added to the list of qualifying conditions in the state's medical marijuana program. Board member Jim Champion,
who's a military veteran, announced the unanimous decision of the board Monday, saying he was "very, very proud."
The recommendation now goes to the Illinois Department of Public Health. The decision at a public hearing in Chicago
was among several votes 4 MAY on various conditions submitted by public petition. Board members earlier voted
against adding diabetes and anxiety to the list. They said anxiety was too broad, but left open the possibility of adding
severe anxiety in the future. The board also voted to approve osteoarthritis. The board includes patients, nurses, doctors
and a pharmacist. [Source: The Associated Press | Carla K. Johnson | May 04, 2015 ++]
Vet Suicide Update 06
►
Study Results for VA vs. Non-VA Users
Veterans who used services provided by the Veterans Health Administration (VHA) had much lower suicide rates
than veterans who did not use those services, according to a new analysis of a decade of suicide data. The research
was published 4 MAY in Psychiatric Services in Advance, a publication of the American Psychiatric Association.
Suicide is the 10th leading cause of death in the United States and veterans are at a high risk for suicide – every day
roughly 22 veterans commit suicide. This study directly compared veteran and nonveteran suicide rates while for the
first time also looking at veterans who had used VHA services and those who had not. Researchers analyzed data from
23 states on more than 170,000 adult suicides over a 10-year period (2000-2010). During that time frame, the ageadjusted veteran suicide rate increased by approximately 25 percent while the comparable nonveteran rate increased
by approximately 12 percent
The analysis found that the rate of suicide decreased significantly for veterans who used VHA services, while it
spiked for veterans not using those services and increased for nonveterans. The suicide rate for all veterans is
significantly higher than for nonveterans. As researchers led by Claire A. Hoffmire, Ph.D., with theVISN2 Center of
Excellence for Suicide Prevention, U.S. Department of Veterans Affairs, noted: "This report offers new, valuable
insight into changes in suicide among veterans during this period of national increase. . . . [F]actors within the veteran
population may make this group particularly susceptible to stressors and subsequent mental health conditions
associated with increased risk of suicide, which may be partially mitigated by use of VHA services." While this study
indicates a benefit of VHA services, it does not address the reasons veterans do not use VHA services, such as widely
reported long wait times, other access issues, stigma about mental health care, concerns/misconceptions about quality
of care, lack of knowledge about eligibility for services, and so on. [Source: Medical Press | Glenn O'Neal | May 04,
2015 ++]
Vet Charity Watch Update 52
► WWP | Neighborhood Bully?
For a charity supposedly devoted to helping veterans, the Wounded Warrior Project spends an enormous amount of
time suing or threatening to sue small non-profits—spending resources on litigation that could otherwise be spent on
the vets they profess to serve. At issue is the Wounded Warrior Project’s brand: the charity has become particularly
litigious over the use of the phrase ‘wounded warrior’ or logos that involve silhouetted soldiers. At least seven such
charities have discussed their legal problems with The Daily Beast. The Wounded Warrior Project has become, in the
words of those they’ve targeted for legal action, a “bully,” more concerned about their image and increasing the size
of the organization than actually providing services to wounded warriors. “They do try to bully smaller organizations
like ourselves... They get really territorial about fundraising,” said the president of one charity with the name
“wounded warrior” in their title. He asked to remain anonymous out of fear that the Wounded Warrior Project would
launch legal action against his group if he spoke out. His group hasn’t been sued, but he said individuals from the
WWP had pressured him to change their name. “They’re so huge. We don’t have the staying power if they come after
us—you just can’t fight them.”
The Wounded Warrior Project’s latest target is the Keystone Wounded Warriors, a small, all-volunteer charity
based in Pennsylvania. How small? Keystone Wounded Warriors had a total annual revenue of just over $200,000 as
recently as 2013. That’s less than the $375,000 that Wounded Warrior Project executive director Steven Nardizzi was
personally paid in 2013. The Keystone group was forced to spend more than two years and some $72,000 in legal fees
to defend themselves from the legal actions of the Wounded Warrior Project, which brings in annual revenues of close
to $235 million, according to the outfit’s most recent tax forms. “That’s money that we could have used to pick up
some homes in foreclosure, remodel them, and give them back to warriors. We spent that money on defending
ourselves instead,” said Keystone Wounded Warriors executive director Paul Spurgin, a Marine Corps Vietnam War
veteran. “The lawsuit was just the coup de grâce,” he added. “They want us gone.” At issue is their similar logo and
names—Wounded Warrior Project complained that they will “suffer irreparable damage to its business, goodwill,
reputation and profits.”
Vet Fraud & Abuse ►
Ex Seal Defrauds Vet Investors
Whether it was because they shared familial ties or the experience of having served as Navy SEALS, he was one of
their own. And so when it came time for Jason Matthew Mullaney to face a judge for sentencing, after being accused
of using his loan business to defraud a dozen investors, many of them fellow members of the military, several of them
showed up in court to support him. “I know he did not deceive me,” said one of the victims, a retired Navy SEAL
senior chief who lost $60,000 he’d invested with Mullaney, a man he’d known for more than two decades. “I know
he did not defraud me,” he said. “It’s not in his character.”
Mullaney, now 43, pleaded guilty to securities fraud, tax evasion and three counts of grand theft in connection with
an investment scheme that caused the victims to lose their savings — nearly $1.2 million collectively, prosecutors
said. On 6 MAY, San Diego Superior Court Judge Frederick Maguire sentenced Mullaney to six years and eight
months in prison, the lowest term for which he was eligible under state law. He’ll have to serve half of that term,
minus the credits he’s accumulated for time he has already spent behind bars. He’s been held in county jail since
August 2012. Deputy District Attorney Hector Jimenez has said Mullaney persuaded 11 retired and active duty Navy
SEALs and a family friend to invest in his locally based company, Trident Financial Holdings & Acquisitions, and
“misdirected the money to his own personal fund.”
Mullaney collected the funds between December 2007 and March 2010, and for the next two years made little to
no effort to pay the money back, the prosecutor said Wednesday. “He just kept taking money and spending it,” Jimenez
said. Mullaney’s defense lawyer, Patrick Dudley, indicated that his client was able to sell some assets to repay a
portion of the money to investors. Exactly how much, however, was unclear. The defendant’s sister, Erinn Mullaney
Martocchio, spoke in court about her brother’s generous nature and the value he placed in family, friends and
relationships. “Jason did not steal those investments, of that I am sure,” she said, adding that he had given up all he
had to salvage other people’s investments. “He is not perfect, none of us are,” she continued. “But he is an honorable
man.”
The judge acknowledged the strong feelings of support expressed by the people who spoke on the defendant’s
behalf, but disagreed with some of their comments, particularly when one man said Mullaney was not adequately
represented by his previous attorney. The judge noted that Mullaney swore to tell the truth when he pleaded guilty to
felony charges. “There is one thing that should be important to a SEAL and that’s an oath,” Maguire said. “He said,
‘I did it.’… Is he going to take an oath and lie to me?” The judge said he chose to sentence Mullaney to the lesser
term, instead of a maximum of 12 years and eight months, because of his lack of a criminal record and evidence that
his criminal behavior was “out of character” and that he suffered from post-traumatic stress disorder and depression
as a result of his military service.
When Mullaney read a statement in the courtroom, his voice cracked with emotion. He apologized to the victims
and to his family. “You were my closest friends, my brothers and I failed you,” he said. “I let my pride, my ego, my
hubris lead me to believe I did not need help.” That, he said, was a mistake and he’s determined to pay back what was
lost. “This experience has taught me how to recognize the mistakes I made that led me here, so that I can never repeat
them,” he said. [Source: U~T San Diego | Dana Littlefield | .May 06, 2015 ++]
VA Blue Water Claims Update 29
► S.681 Still in Committee
U.S. Senator Gary Peters (MI) on 7 MAY announced he is cosponsoring the Blue Water Navy Vietnam Veterans Act
of 2015, bipartisan legislation that would ensure Vietnam veterans who served aboard deep-water naval vessels,
known as “Blue Water” veterans, are eligible to receive the disability and health care benefits they earned for diseases
linked to exposure to Agent Orange. Under current law, only veterans who served on Vietnamese soil or aboard a craft
in its rivers receive presumptive coverage of illnesses linked directly to Agent Orange exposure. “Agent Orange has
affected the health of thousands of servicemembers who fought in the Vietnam War, and it is unacceptable that some
are being denied health care and disability benefits for diseases resulting from their military service,” said Senator
Peters. “My office has heard from Michigan veterans affected by this issue, and I am proud to cosponsor this bipartisan,
commonsense bill that will ensure Navy veterans who have fallen victim to Agent Orange-related conditions receive
the long overdue care they have earned through their service.”
In 1991, Congress passed a law requiring the VA to provide presumptive coverage to Vietnam veterans with
illnesses that the Institute of Medicine has directly linked to Agent Orange exposure. However, in 2002 the VA
determined that it would only cover Veterans who could prove that they had orders for “boots on the ground” during
the Vietnam War, excluding thousands of sailors who may have been exposed to Agent Orange while serving aboard
Navy ships. The Blue Water Navy Vietnam Veterans Act of 2015 would clarify existing law so that Blue Water
veterans would be fully covered by the VA if they served within the “territorial seas,” or approximately 12 miles
offshore of Vietnam. The bill would make it easier for VA to process Vietnam War veterans’ claims for serviceconnected conditions and alleviate a portion of the VA’s backlog by extending presumptive coverage of Agent Orange
benefits to these veterans.
A May 2011 report by the Institute of Medicine established several “plausible routes” for Agent Orange exposure
through the water distillation process aboard Navy ships and through the air. In 2010, a study by the Institute of
Medicine cited exposure to Agent Orange resulted in an increased chance of developing serious heart problems and
Parkinson’s disease. A 1990 study by the Centers for Disease Control and Prevention (CDC) showed Vietnam veterans
had a rate of non-Hodgkin's lymphoma 50 percent higher than the general population. Agent Orange is linked to a
range of other diseases, including several blood and respiratory cancers, type II diabetes, prostate cancer and more.
In 2005, the VA’s former Director of Environmental Agents Service Dr. Mark Brown publicly acknowledged that
there was no scientific basis for the exclusion of Blue Water Vietnam veterans, but the VA has continued to refuse
these veterans presumptive benefits Congress initially intended. In his article in the Journal of Law and Policy, Dr.
Brown wrote, “Science does not back up the VA’s policy on the Navy.” Peters, a former Lt. Commander in the U.S.
Navy Reserve, previously co-sponsored similar legislation in the U.S. House of Representatives, and has been a strong
voice for Michigan service members and veterans in Congress. He is the 7 th Senator to cosponsor S.681 which was
referred to the Committee on Veterans' Affairs. A similar bill H.R.969, which was referred to the House Subcommittee
on Disability Assistance and Memorial Affairs, currently has 218 cosponsors. [Source: Nexstar Broadcasting, Inc. |
Kylie Khan | May 06, 2015 ++]
HVAC Update 17
► Bills Considered at Subcommittee 23 APR Hearing
The Creating Our Veterans Expedited Recovery (COVER) Act H.R.271, would establish a commission to explore
possibilities for incorporating complementary and alternative medicine treatment models into VA medical facilities
nationwide. In February 2014, the American Legion surveyed more than 3,000 veterans affected by traumatic brain
injury (TBI) and post-traumatic stress disorder (PTSD), asking questions about the effectiveness of treatments
provided by VA and DoD. Fifty-nine percent of the respondents reported they felt no improvement, or felt even worse.
The survey also found that 30 percent of respondents terminated their treatments or therapies before completing them;
some reported taking up to 10 different medications. The Legion conducted a TBI/PTSD symposium in Washington
last June, which provided a forum for experts nationwide to share information about many successful treatment models
that used complementary and alternative medicine. The COVER Act was one of several pending bills considered at
an April 23 hearing by the House Veterans’ Affairs Subcommittee on Health. “The American Legion strongly supports
the use of complementary and alternative medicines,” Louis Celli, director of the Legion’s Veterans Affairs &
Rehabilitation Division, told the subcommittee, “and supports the funding necessary to assist veterans suffering with
PTSD and TBI with … treatments that allow our returning veterans to actively participate in their own recovery
programs, without unnecessary sedation or over-medication.”
Another Legion-supported House bill would expand reproductive treatments available to veterans and
servicemembers by making all such services equally accessible in DoD and VA. “According to a study of veterans
who served during OIF and OEF, 15 percent of women and nearly 14 percent of men reported that they had
experienced infertility,” Celli said. Thousands of men and women who served in the Iraq and Afghanistan wars were
“returning home with physical and/or psychological wounds, resulting in a variety of fertility and reproductive health
issues.” The Legion’s written testimony stated “there seems to be little support (at VA and DoD), either through
counseling or medical intervention, to offer a young veteran who has lost his/her ability to procreate due to lack of
testosterone. Unfortunately, many veterans with TBI are also on hypertension medications, and adding sexual
performance medications can represent a serious health risk. This can also create a loss of intimacy in relationships,
exacerbating psychological disorders such as PTSD and depression. Ultimately, it affects the self-esteem of both
veteran and spouse.” Other Legion-supported legislation considered at the hearing included:

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A draft bill directing VA to submit an annual report on the Veterans Health Administration.
H.R. 267 which would expand the definition of “homeless veteran” for purposes of VA benefits eligibility.
H.R. 1369, to give VA the authority to enter into provider agreements for extended care services.
H.R. 1575 which would make permanent a pilot program on counseling, in retreat setting, for women veterans
newly separated from active duty.
H.R. 1769, the Toxic Exposure Research Act, which would establish a national center at VA for research on
the diagnosis and treatment of descendants of veterans exposed to toxic substances while in the military.
[Source: American Legion Online Update | April 30, 2015 ++]
*********************************
Texas Veteran Tuition Update 03
► S.1735 | Trim Benefits
Of the 10 states with the most veterans, only Illinois and Texas waive all tuition and fees for veterans who meet
program requirements, according to a Texas Legislative Budget Board report. But that would change under legislation
making its way through the statehouse in Austin that would trim their state educational benefits. Since 1923, the
Hazlewood Act, which kicks in after federal benefits under the GI Bill are exhausted, has provided educational
benefits to qualified veterans by exempting them from tuition and fee charges, but does not include property deposits
or student services fees. A “legacy provision” in 2009 allowed them to pass unused credit hours to their kids, but that
has resulted in lost revenue for state schools. Costs for the program climbed nearly six-fold over the past four years
and topped $169 million in 2014. Because of this, to offset the lost revenue, Senate Bill 1735 was introduced by Sen.
Brian Birdwell which, if passed, would:
 Require six years of service for a veteran to be eligible to pass hours along to their children, and
 Implement a 15-year time limit on use of the exemption from the veteran’s end of time in service. It also
 Reduces the number of hours a veteran may pass to their children from 120 to 60,
 Limit the use of the Hazlewood exemption undergraduate programs for legacies; and
 Require veterans and legacies to submit a FAFSA (Free Application for Federal Student Aid) to the U.S.
Department of Education.
The Senate passed the bill 24-7 on 12 MAY. The changes have yet to clear the House, which has a similar bill
pending. [Source: MilitaryTimes & AP | Patricia Kime | April 27 & May 11, 2015 ++]
VA Caregiver Program Update 29
► H.R.1969 | Contact Your Congressman
On April 23, 2015, Senator Murray introduced S.1085, the Military and Veteran Caregiver Services Improvement Act
of 2015, and Representative Langevin introduced a similar bill in the House, H.R. 1969. This important measure
would extend to all veterans with a serious service-connected injury or illness eligibility to participate in the
Department of Veterans Affairs (VA) program of comprehensive assistance to family caregivers of such veterans.
Under current law, such eligibility is limited to those veterans who incurred a serious injury, but not an illness, on or
after September 11, 2001.
DAV supports this legislation, in alignment with Resolution No. 042, passed at our most recent National
Convention, which calls for legislation that would expand eligibility for comprehensive caregiver support services,
including but not limited to financial support, health and homemaker services, respite, education and training and
other necessary relief, to caregivers of veterans from all eras of military service.
At
http://www.dav.org/can/?vvsrc=%2fcampaigns DAV has provided a preformatted editable email message which
veterans can use to request their elected officials support for this important measure and ask that it be brought to the
floor for a vote and passed into law as soon as possible. If you or someone you know could benefit from expansion
of this program, please share your story with your Senators. [Source: DAV Action Alert | May 04, 2015 ++]
VA OIG Update 03
► Newly Released Reports Chronicle Harm to Veterans
In Tampa, a Veterans Affairs doctor prescribed drugs at an alarmingly high rate, despite being told by colleagues to
stop. In The Villages, VA mental health workers didn’t regularly check patients’ vital signs. And in West Palm Beach,
a veteran dependent on a ventilator was treated by staff considered “not competent” to deal with such patients. He was
found disconnected from the ventilator and in cardiac arrest, but was revived. The three cases are among those
chronicled nationwide in nearly 140 investigative reports dating back to 2005 that the VA’s inspector general released
last week. In many cases, the reports on dysfunction and treatment errors at VA facilities show the inspector general,
the agency’s chief watchdog, trusted the agency to correct problems on its own.
The cases largely involve problems such as missed diagnoses and errors during surgery. In one case, a veteran’s
face was set on fire during an operation in Lebanon, Pennsylvania. They also detail administrative challenges.
Inspectors said a VA intensive care unit in Tucson, Arizona, was beset by a “cauldron of interpersonal tensions and
management difficulties.” A 2013 report indicates investigators were unable to substantiate claims of patient abuse or
a “suicide behavior incident” at the West Palm Beach VA’s mental health clinic. But they did find low morale and a
“culture of disrespect” that involved staff addressing patients rudely. The reports were released in response to a
Freedom of Information Act request by USA TODAY. The newspaper earlier reported that the VA inspector general’s
office kept secret dozens of complaints against VA hospitals, clinics and other medical facilities over the past decade.
Florida GOP Rep. Jeff Miller, who chairs the House Veterans’ Affairs Committee, has criticized the IG for not
being more forthcoming on information relating to problems at VA facilities. Fifty-nine reports involved substantiated
allegations and 51 involving unsubstantiated ones. Six cases were closed because of a pending lawsuit by the family.
The remaining 21 either weren’t investigated for various reasons or the outcome is unknown because of redactions.
Of the 13 reports involving VA facilities in Florida, six involved substantiated claims, three were unsubstantiated and
one complaint never went beyond a preliminary probe because the family planned to sue. The remaining three weren’t
as cut and dried, including one in which the complainant withdrew the claim. Some findings were inconclusive.
In 2005, a 79-year-old veteran admitted to the VA Medical Center in Bay Pines suffered a leg fracture and heart
failure during his hospital stay. After discharge, he was left in the front yard of his Sarasota County home without
relatives being notified. The next day, he was taken to a local hospital to have fluid drained, according to the report,
filed in 2006. The IG never formally investigated because the family planned to file a lawsuit and their lawyer advised
relatives not to speak to investigators. Joanne Moffett, a spokeswoman for Acting VA Inspector General Richard
Griffin, said public reports weren’t released when a potential lawsuit was pending, when complaints were unfounded
or when inspectors decided VA officials had addressed the problem or would address it. Griffin’s office has announced
that future reports will be released only if the inspector general or his immediate staff decide to do so.
Some congressional lawmakers say that’s not good enough. They worry issues could fester within the VA without
congressional or public oversight. “The only way you have any hope of fixing a bureaucracy is for public disclosure,”
said Sen. Ron Johnson, R-Wis., who co-sponsored legislation with Sen. Tammy Baldwin, D-Wis., that would require
public release of future investigative reports issued by the VA and all federal agencies. Almost all the investigations
in the newly released reports were generated by tips from VA employees, veteran patients, their family members or
the public. They involved allegations at VA facilities in 42 states that ranged from the unsubstantiated and odd — a
nurse at one VA facility allegedly abused an elderly veteran by feeding him a doughnut covered in hot sauce — to
substantiated complaints of serious harm or death.
The reports aren’t directly related to the scandal over lengthy wait times at VA facilities. An internal VA audit
released last year found that some 57,000 veterans nationwide waited more than 90 days for first appointments and
that 64,000 other veterans said they couldn’t get appointments at all. That audit named 112 VA medical facilities —
including six in Florida — that are being investigated by Griffin’s office to determine if they deliberately manipulated
appointment schedules to make it appear veterans were getting medical treatment sooner than they really were. One
of the 13 reports released last week found that underutilization of staff time at the VA medical facility in Gainesville
contributed to appointment scheduling delays there. [Source: Florida Today | Donovan Slack and Ledyard King |
May 06, 2015 ++]
Vet Bills Submitted to 114th Congress
► 150501 to 150514
For a listing of Congressional bills of interest to the veteran community introduced in the 114th Congress refer to this
Bulletin’s “House & Senate Veteran Legislation” attachment. Support of these bills through cosponsorship by other
legislators is critical if they are ever going to move through the legislative process for a floor vote to become law. A
good indication of that likelihood is the number of cosponsors who have signed onto the bill. Any number of members
may cosponsor a bill in the House or Senate. At https://beta.congress.gov you can review a copy of each bill’s content,
determine its current status, the committee it has been assigned to, and if your legislator is a sponsor or cosponsor of
it by entering the bill number in the site’s search engine. To determine what bills, amendments your
representative/senator has sponsored, cosponsored, or dropped sponsorship on go to:
 https://beta.congress.gov/search?q=%7B%22source%22%3A%5B%22legislation%22%5D%7D
 Select the ‘Sponsor’ tab, and click on your congress person’s name.
 You can also go to http://thomas.loc.gov/home/thomas.php
Grassroots lobbying is the most effective way to let your Congressional representatives know your wants and
dislikes. If you are not sure who is your Congressman go to https://beta.congress.gov/members. Members of Congress
are receptive and open to suggestions from their constituents. The key to increasing cosponsorship support on veteran
related bills and subsequent passage into law is letting legislators know of veteran’s feelings on issues. You can reach
their Washington office via the Capital Operator direct at (866) 272-6622, (800) 828-0498, or (866) 340-9281 to
express your views. Otherwise, you can locate their phone number, mailing address, or email/website to communicate
with a message or letter of your own making at either:
 http://www.senate.gov/general/contact_information/senators_cfm.cfm
 http://www.house.gov/representatives
FOLLOWING IS A SUMMARY OF VETERAN RELATED LEGISLATION INTRODUCED IN THE
HOUSE AND SENATE SINCE THE LAST BULLETIN WAS PUBLISHED:
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H.R.2067 : Cold War Service Medal Act of 2015. A bill to amend title 10, United States Code, to provide
for the award of a military service medal to members of the Armed Forces who served honorably during
the Cold War, and for other purposes. Sponsor: Rep Israel, Steve [NY-3] (introduced 4/28/2015)
H.R.2114 : Victims of Agent Orange Relief Act of 2015. A bill to direct the Secretary of State, the
Secretary of Health and Human Services, and the Secretary of Veterans Affairs to provide assistance for
individuals affected by exposure to Agent Orange, and for other purposes. Sponsor: Rep Lee, Barbara [CA13] (introduced 4/29/2015)
H.R.2123 : Enhancing Veterans' Access to Treatment Act of 2015. A bill to direct the Secretary of
Veterans Affairs to furnish non-formulary drugs and medicines to veterans diagnosed with mental health
disorders, and for other purposes. Sponsor: Rep Murphy, Tim [PA-18] (introduced 4/30/2015)
H.R.2139 : Veteran's Benefits Claims Faster Filing Act of 2015. A bill to amend title 38, United States
Code, to direct the Secretary of Veterans Affairs to provide notice of average times for processing claims
and percentage of claims approved, and for other purposes. Sponsor: Rep O'Rourke, Beto [TX-16]
(introduced 4/30/2015)
H.R.2145 : Physician Ambassadors Helping Veterans Act. A bill to amend title 38, United States Code,
to establish the Physician Ambassadors Helping Veterans program to seek to employ physicians at the
Department of Veterans Affairs on a without compensation basis in practice areas and specialties with
staffing shortages and long appointment waiting times. Sponsor: Rep Culberson, John Abney [TX-7]
(introduced 4/30/2015)
Related Bills: S.563
H.R.2193 : VA Employee Fairness Act of 2015. A bill to amend title 38, United States Code, to modify
authorities relating to the collective bargaining of employees in the Veterans Health Administration.
Sponsor: Rep Takano, Mark [CA-41] (introduced 4/30/2015)
H.R.2214 : Disabled Veterans' Access to Medical Exams Improvement Act. A bill to improve the
authority of the Secretary of Veterans Affairs to enter into contracts with private physicians to conduct
medical disability examinations. Sponsor: Rep Abraham, Ralph Lee [LA-5] (introduced 5/1/2015)
H.R.2218 : Renovate and Enhance Veterans' Meeting Halls and Posts Act of 2015. A bill to amend the
Housing and Community Development Act of 1974 to set-aside community development block grant
amounts in each fiscal year for grants to local chapters of veterans service organizations for rehabilitation
of, and technology for, their facilities. Sponsor: Rep Collins, Chris [NY-27] (introduced 5/1/2015)
H.R.2221 : Veterans Small Business Enhancement Act of 2015. A bill to amend the Small Business Act
to direct the task force of the Office of Veterans Business Development to provide access to and manage
the distribution of excess or surplus property to veteran-owned small businesses. Sponsor: Rep Duckworth,
Tammy [IL-8] (introduced 5/1/2015)
H.R.2237 : Establish a VA Center of Excellence on Burn Pit Health conditions. A bill to direct the
Secretary of Veterans to establish within the Department of Veterans Affairs a center of excellence in the
prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to
burn pits. Sponsor: Rep Esty, Elizabeth H. [CT-5] (introduced 5/5/2015)
H.R.2248 : WWII U.S. Cadet Nurse Corps Vet Status. A bill to provide that service of the members of
the organization known as the United States Cadet Nurse Corps during World War II constituted active
military service for purposes of laws administered by the Secretary of Veterans Affairs. Sponsor: Rep
Lowey, Nita M. [NY-17] (introduced 5/12/2015)
H.R.2256 : VA Hospital Care, Medical Services, and Nursing Home Care Annual Reports. A bill to
amend title 38, United States Code, to direct the Secretary of Veterans Affairs to submit an annual report
on the Veterans Health Administration and the furnishing of hospital care, medical services, and nursing
home care by the Department of Veterans Affairs. Sponsor: Rep Benishek, Dan [MI-1] (introduced
5/12/2015)
H.R.2264 : Establish Disabled Vet Space-Available Travel Category. A bill to amend title 10, United
States Code, to establish a space-available transportation priority for veterans of the Armed Forces who
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have a service-connected, permanent disability rated as total. Sponsor: Rep Bilirakis, Gus M. [FL-12]
(introduced 5/12/2015)
H.R.2275 : Consolidate Various Programs in the Department of Veterans Affairs. A bill to amend
title 38, United States Code, to establish in the Department of Veterans Affairs the Veterans Economic
Opportunity and Transition Administration and to improve employment services for veterans by
consolidating various programs in the Department of Veterans Affairs, and for other purposes. Sponsor:
Rep Miller, Jeff [FL-1] (introduced 5/12/2015)
H.R.2282 : Improve Vet Education Enrollment. A bill to amend title 38, United States Code, to
improve the enrollment of veterans in certain courses of education, and for other purposes. Sponsor: Rep
Ryan, Tim [OH-13] (introduced 5/12/2015) Related Bills: S.1303
H.R.2286 : Establish Certain Claims for Compensation Priority. A bill to amend title 38, United
States Code, to establish a priority for the Secretary of Veterans Affairs in processing certain claims for
compensation. Sponsor: Rep Cook, Paul [CA-8] (introduced 5/13/2015)
H.R.2291 : Make Permanent VA Secretary Authority To Transport Certain Vets. A bill to amend
title 38, United States Code, to make permanent the authority of the Secretary of Veterans Affairs to
transport individuals to and from facilities of the Department of Veterans Affairs in connection with
rehabilitation, counseling, examination, treatment, and care, and for other purposes. Sponsor: Rep Larsen,
Rick [WA-2] (introduced 5/13/2015)
H.R.2294 : Reserve Component Memorial Headstones and Markers. A bill to amend title 38, United
States Code, to make memorial headstones and markers available for purchase on behalf of members of
reserve components who performed inactive duty training or active duty for training but did not serve on
active duty. Sponsor: Rep Maloney, Sean Patrick [NY-18] (introduced 5/13/2015)
==================================================================
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S.1117 : Authorize VA Secretary to Fire Execs for Misconduct. A bill to amend title 38, United States
Code, to expand the authority of the Secretary of Veterans Affairs to remove senior executives of the
Department of Veterans Affairs for performance or misconduct to include removal of certain other
employees of the Department, and for other purposes. Sponsor: Sen Johnson, Ron [WI] (introduced
4/28/2015)
S.1286 : Pro Bono Legal Assistance for Veterans Before the U.S. COVA & BOVA. A bill to amend
title 38, United States Code, to reduce the backlog of appeals of decisions of the Secretary of Veterans
Affairs by facilitating pro bono legal assistance for veterans before the United States Court of Veterans
Appeals and the Board of Veterans' Appeals, to provide the Secretary with authority to address
unreasonably delayed claims, and for other purposes. Sponsor: Sen Shaheen, Jeanne [NH] (introduced
5/11/2015)
S.1290 : TRICARE Health Plan Access. A bill to ensure the ability of covered beneficiaries under the
TRICARE program to access care under a health plan under such program in each TRICARE program
region, and for other purposes. Sponsor: Sen Rounds, Mike [SD] (introduced 5/12/2015)
S.1303 : Improve Vet Education Enrollment. A bill to amend title 38, United States Code, to improve
the enrollment of veterans in certain courses of education, and for other purposes. Sponsor: Sen Brown,
Sherrod [OH] (introduced 5/12/2015)
Related Bills: H.R.2282
[Source: https://beta.congress.gov & http: //www.govtrack.us/congress/bills May 13, 2015 ++]
DoD NFL Contracts
►
$5.4 Million in Last 4-yrs
At the same time Congress and the president have imposed caps on military spending, the Department of Defense has
paid $5.4 million in taxpayer money to 14 NFL teams across the country with the bulk spent by the National Guard.
U.S. Sen. Jeff Flake (R-AZ) last week called out the New Jersey Army National Guard for the spending, which, in
part, paid for a segment at Jets home games in which soldiers were featured on the big screen, thanked for their service
and given tickets to the game. Flake said most in the general public believe the segments were heartfelt salutes by
their hometown football team, not an advertising campaign paid for with their money. The Guard defended the
arrangement as an effective recruitment tool for the force, and the Jets pointed out numerous other ways in which they
support the military. Here's a full list of NFL teams that have received taxpayer money from the military for similar
arrangements:
Military Contracts with NFL teams
From 2011 to 2014, the Department of Defense paid $5.4 million to NFL teams for salutes to the military and other
advertising, with $5.3 million coming from the National Guard, according to federal contracts.
Team
Contract #
Amount
Date
Department
Division
Atlanta Falcons Football Club, LLC
W912JM11C0001 $70,000
2/2/2011
DoD
Army/ARNG
Atlanta Falcons Football Club, LLC
W912JM11C0021 $250,000
7/29/2011
DoD
Army/ARNG
Atlanta Falcons Football Club, LLC
W912JM13C0013 $315,000
7/12/2013
DoD
Army/ARNG
Atlanta Falcons Football Club, LLC
W912JM14P0131 $114,500
8/5/2014
DoD
Army/ARNG
Atlanta Falcons Football Club, LLC
W912JM12P0091 $300,000
7/20/2012
DoD
Army/ARNG
Baltimore Ravens LP
W912K611P0170 $85,000
1/4/2012
DoD
Army/ARNG
Baltimore Ravens LP
W912K613P0114 $195,000
7/30/2013
DoD
Army/ARNG
Baltimore Ravens LP
W912K613P0114 $89,500
9/18/2013
DoD
Army/ARNG
Baltimore Ravens LP
W912K612P0123 $250,000
8/3/2012
DoD
Army/ARNG
Baltimore Ravens LP
W912K611P0170 $265,000
9/9/2011
DoD
Army/ARNG
Buffalo Bills, INC.
W912PQ13M0113 $250,000
5/15/2013
DoD
Army/ARNG
Buffalo Bills, INC.
W912PQ14M0233 $150,000
9/5/2014
DoD
Army/ARNG
Buffalo Bills, INC.
W912PQ12M0147 $250,000
6/7/2012
DoD
Army/ARNG
Buffalo Bills, INC.
FA448411P0134
$29,000
9/21/2011
DoD
Air Force
Cincinnati Bengals, INC.
W9136412P0277 $67,000
8/16/2012
DoD
Army/ARNG
Cincinnati Bengals, INC.
FA448413P0049
9/24/2013
DoD
Air Force
Cincinnati Bengals, INC.
W9136411P0386 $67,000
8/25/2011
DoD
Army/ARNG
Cleveland Browns Football
Company, LLC
FA448412P0135
9/12/2012
DoD
Air Force
$4,960
$10,000
Team
Contract #
Amount
Date
Department
Division
Cleveland Browns Football
Company, LLC
FA448411P0136
$12,500
9/27/2011
DoD
Air Force
Dallas Cowboys Football Club LTD
W912L113P0015 $62,500
11/9/2012
DoD
Army/ARNG
Green Bay Packers, INC.
W912J211P0058
$400,000
8/5/2011
DoD
Army/ARNG
Green Bay Packers, INC.
W912J212P0097
$150,000
8/29/2012
DoD
Army/ARNG
Green Bay Packers, INC.
W912J214P0091
$50,000
8/15/2014
DoD
Army/ARNG
Indianapolis Colts, INC.
W912L914P0144 $200,000
8/14/2014
DoD
Army/ARNG
Indianapolis Colts, INC.
W912L912P0122 $200,000
6/19/2012
DoD
Army/ARNG
Indianapolis Colts, INC.
FA448412P0145
9/19/2012
DoD
Air Force
Indianapolis Colts, INC.
W912L911P0070 $200,000
3/9/2011
DoD
Army/ARNG
Kansas City Chiefs Football Club,
INC.
W912NS11P0157 $125,000
9/1/2011
DoD
Army/ARNG
Kansas City Chiefs Football Club,
INC.
W912NS11P0157 $125,000
9/1/2011
DoD
Army/ARNG
Miami Dolphins, LTD.
FA304712P0139
3/23/2012
DoD
Air Force
Minnesota Vikings Football, LLC
W912LM11P0155 $230,000
9/15/2011
DoD
Army/ARNG
Minnesota Vikings Football, LLC
W912LM12P0092 $225,000
9/24/2012
DoD
Army/ARNG
Minnesota Vikings Football, LLC
W912LM12P0092 $150,000
9/17/2013
DoD
Army/ARNG
New York Jets LLC
W912KN11P0105 $50,000
9/20/2011
DoD
Army/ARNG
New York Jets LLC
W912KN13P0070 $115,000
7/23/2013
DoD
Army/ARNG
New York Jets LLC
W912KN12P0129 $97,500
9/12/2012
DoD
Army/ARNG
New York Jets LLC
W912KN14P0123 $115,000
9/22/2014
DoD
Army/ARNG
Pittsburgh Steelers Sports INC
W9124D13P0338 $9,000$9,000
6/25/2013
DoD
Army/Ft.
Knox
Pittsburgh Steelers Sports INC
FA448414P0037
7/23/2014
DoD
Air Force
$20,000
$20,000
$27,000
To be fair, some individual teams do more. The Jets have donated $1 million to a group that builds smart homes
for disabled vets. But the league's legacy for supporting the military is a sham. According to its own website, the
league's annual "Salute to Service," last year netted a whopping $412,500 – or about one-third of what the league
charged for one luxury box at the New Jersey Super Bowl last year. In "Salute to Service" last year, the NFL
contributed $100 for every point scored during 32 games around Veterans Day. That was down from $300 a point in
the years before. The money was then divided between three groups that help vets: the Pat Tillman Foundation,
Wounded Warriors and the USO. That's $137,500 each. For a $10 billion corporation. With a commish that makes
$44 million a year — or $120,547 a day. If the military took the same licensing approach the NFL did, it would be
charging the league to align itself with the world's most powerful team, not the other way around. The hero is the guy
in the field, not on the field.
[Source: NJ Advance Media & https://www.usaspending.gov/Pages/Default.aspx | Christopher Baxter | May 07,
2015 ++]
TRICARE Pharmacy Policy Update 23
► Compound Drug Screening
TRICARE implemented a new policy on compound drugs. Starting May 1, 2015 TRICARE pharmacy contractor
Express Scripts started screening each ingredient in compound medications to ensure all are approved by the Food
and Drug Administration. Under the new process, many patients who use personalized drug formulas still will have
access to their medications. But others — including some who ordered prescriptions directly from compounding
pharmacies in recent months —may need to work with their pharmacists to ensure their prescriptions comply with the
new requirements or receive prior authorization for coverage. The number of compound drug prescriptions filled by
TRICARE has soared in the past several months, and costs now run 50 times higher than in 2004. In March, of the 11
million prescriptions filled by TRICARE, 83,000 were for compound medications, at a cost of $335 million. In 2014,
about 60,000 compound medications were filled monthly. From January to March, TRICARE paid $769 million for
compound prescriptions. April's totals are not yet available but could approach nearly $1 billion.
The new screening process lets TRICARE reimburse for these medications and also comply with the law
prohibiting TRICARE from paying for procedures and medications not approved by the FDA. TRICARE officials
expect the change to have an impact on an aggressive direct marketing campaign that's been waged during the past
several months aimed at TRICARE beneficiaries. Some compounding pharmacy marketers have been cold-calling
and also directly contacting military families and retirees to persuade them to apply for specialty prescriptions such
as pain creams, wound ointments and erectile dysfunction medications. Compound medications are specialized
formulas created by pharmacists to tailor treatments for individual patients. Made from active and inert ingredients,
they are often formulated for those who can't tolerate certain medications in their manufactured form — either to
tweak a dosage, change the delivery (from a pill to a liquid, for example) or eliminate an allergen. Many private
insurers, as well as Medicare and the VA, either do not cover compound medications or cover only those that are in
their unique formulary list of covered drugs, he noted. [Source: NAUS Weekly Watchdog | May 01, 2015++]
PTSD Update 190
►
Impact on Aging
People who suffer from post-traumatic stress syndrome — such as war veterans, sexual abuse victims and earthquake
survivors among others — will die earlier than the general population because of changes to their physiology,
according to new research. This is the first study of its type to link PTSD, a psychological disorder, with long-term,
systemic effects on a basic process such as aging, according to Dilip Jeste, professor of psychiatry at the University
of California, San Diego and senior author of the new study. "If this findings holds up, it will mean that there is a
serious biological disorder which not only affects the mind and brain, but the whole body," Jeste told Discovery News.
"What is needed is not just psychiatric treatment but a medical-psychiatric integrated approach. We should not just
focus on mental symptoms and flashbacks, but make sure [the patient's] physical health is not worsening."
The National Institutes of Health estimates that 7.7 million Americans suffer from PTSD at least once in their life.
The Department of Veterans Affairs says about 484,000 veterans have sought treatment for PTSD, including 20
percent of Iraq war vets and 10 percent of those who served in Afghanistan. Researchers had previously noted a
potential association between psychiatric conditions, such as schizophrenia and bipolar disorder, and acceleration of
the aging process. Jeste and colleagues sought to learn if PTSD might show a similar association by conducting a
comprehensive review of medical studies going back to 2000. Jeste said his review doesn't prove that PTSD causes
early aging, but rather an association between the two.
Early aging can be measured by the shortening of telomeres, which are the ends of chromosomes inside the cell. A
shortening of telomeres indicates that cells are dying earlier. The scientists also found higher levels of certain
"biomarkers" or bits of protein that indicate inflammation, such as C-reactive protein and tumor necrosis factor alpha,
associated with PTSD, according to the study in the American Journal of Geriatric Psychiatry. While there's no cure
for PTSD, physicians and psychiatrists believe that some forms of therapy help reduce the symptoms. Jeste says that
the good news is that the symptoms of PTSD, like early aging, can be reversed if treated early. "We believe the
possibility that treating PTSD early and appropriately may be able to prevent that cascade of events that could result
in progressive biological worsening," he said.
Aoife O'Donovan, assistant professor of psychiatry at the University of California, San Francisco, has studied the
connection between the shortening of telomeres and PTSD. She says there may be some behavioral interventions and
new drugs that might help. "This evidence highlights a need for action at the level of both policy and clinical care,"
O'Donovan said via e-mail. "Given that trauma exposure has such a strong negative effect on health, developing better
interventions and making those interventions available to those most in need is a major public health priority."
[Source: Discovery News | Eric Niiler | May 08, 2015 ++]
Notes of Interest
► 01 thru 14 May 2015

Fort Mcclellan. The AUG 2013 Combined Environmental Exposure Report for Fort Mcclellan Alabama
can
be
downloaded
at
http://azveteransconnection.org/wp-content/uploads/2014/01/2013-0825_Fort_McClellan_AL_Combined_Exposure_Report_CCK-Law-1.pdf.

Chinese Military. If you like the Rockettes and/or military parades you should appreciate the video at
http://biggeekdad.com/2012/07/chinese-female-soldiers-on-parade.

Berlin 1945. Check out http://twistedsifter.com/videos/remarkable-hd-footage-of-berlin-from-july-1945 to
view a HD color video on what the bombed city looked like in JUL 1945.
Saving Water. Levi Straus is urging people to wear their jeans 10 times before washing them, and they
don’t recommend a washing machine, just a spot clean.
Post Office. For the sixth consecutive quarter, the U.S Postal Service turned an operational profit when
accounting for its controllable costs. But the agency still lost a total of $1.5 billion from January through
March due to outstanding liabilities down from $1.9 billion in the same period last year


Balanced Budget Plan Passes
►
10-yr thru $5T Domestic Funding Cut
House Republicans approved along party lines 30 APR the first GOP budget agreed upon by both houses of Congress
since the George W. Bush presidency. "We've got a lot left to do, but we're listening to the American people and we're
getting things done," said House Speaker John Boehner (R-OH). The 10-year budget plan passed, 226-197, with all
Democrats in opposition. The GOP-controlled Senate will approve it next week, said Senate Majority Leader Mitch
McConnell (R-KY). The vote follows Wednesday's announcement that negotiators had reached a deal to reconcile
House and Senate budget plans. The GOP fiscal vision achieves balance in 10 years, in part through $5 trillion in
federal domestic spending cuts. It raises no new taxes and boosts defense spending by back-channeling funds through
an off-book war account for operations in Iraq and Afghanistan. The resolution is not a law and is non-binding, so it
does not require President Obama's signature.
However, passage of a joint budget opens a legislative pathway for another confrontation this summer over the
Affordable Care Act. Republicans intend to use special budget rules to vote again to repeal the health care law — an
effort that will be blocked by Obama's veto pen if it reaches his desk. It also sets top-line priorities for domestic
spending that will tip off a contentious debate with the Obama administration and congressional Democrats in the
coming months over the 12 annual spending laws. "The budget continues Republicans' quest to empower special
interest on the backs of hardworking American families," said House Minority Leader Nancy Pelosi (D-CA). "It is
entirely inadequate to meet America's needs." Republicans support more drastic cuts in domestic and social spending
in order to protect defense spending and comply with strict statutory budget caps.
The coming clash over spending bills was foreshadowed on 30 APR, when GOP leaders were forced to temporarily
pull from the floor the funding bill for military projects and the Veterans Affairs Department. A bipartisan amendment
offered by conservative Rep. Mick Mulvaney (R-SC) and Rep. Chris Van Hollen (D-MD), the top Democrat on the
Budget Committee, threatened to derail the bill. Their amendment would have blocked adding funds into the war
account, which fiscal hawks have decried as a budgetary "gimmick" to evade spending limits. [Source: USA TODAY
| Susan Davis, | April 30, 2015 ++]
America’s Most Wasted
► $294 Billion Spent on Expired Programs
The federal government is spending at least $294 billion of taxpayer money this year on hundreds of expired programs,
according to a report released 7 APR. The 19-page “America’s Most Wasted” report is the first in a series of oversight
studies from Sen. John McCain (R-AZ) meant to highlight examples of wasteful and duplicative government spending.
McCain identified $1.1 billion in wasteful spending on projects that included an Army research study into the bombdetecting abilities of elephants, puppet shows in Vermont and the creation of a dog bite prevention website, among
others.
The $294 billion that is being spent on expired programs stems from a report the nonpartisan Congressional Budget
Office released in January. Last year, the government spent $302 billion on unauthorized projects. “I believe the
'America’s Most Wasted' reports should serve as a wake-up call to Congress and the American people to keep their
government accountable by demanding an end to wasteful government spending,” McCain said in a statement. McCain
specifically pounced on the budget at the Pentagon, including a $2.4 billion cost overrun on the Navy’s new aircraft
carrier. He said the waste specifically harms his mission to lift the sequestration caps on the military’s budget. “We
have to get rid of the duplicative waste in the Pentagon so that I can will have credibility when I say, we’ve got to get
rid of sequestration because it is destroying our ability to defend the nation,” he said Thursday on Fox News’
“America’s Newsroom.” McCain's report found that:
 The Army is spending $50,000 to research whether elephants in South Africa can detect bombs. “While
finding new ways to enhance our bomb detection methods is important, it is unlikely that African elephants
could feasibly be used on the battlefield given their size and sensitive status as ‘threatened’ under the
Endangered Species Act,” the report states.
 The Social Security Administration has issued more than $225 million in overpayments to more than 106,000
students. Children with a deceased, retired or disabled parent have access to these benefits until they graduate
or turn 19. McCain’s report said $2.5 billion in benefits is provided to 4.4 million children nationwide each
month.
 The National Guard has spent $49 million on advertising deals with professional sports leagues to support
recruiting. This came largely from sponsorship of Dale Earnhardt Jr.’s NASCAR team and Graham Rahal’s
Indy Racing League team.
 The government is also spending $14 million on a program at the Department of Agriculture to develop a
catfish inspection office even though the Food and Drug Administration already has one.
 The National Institutes of Health awarded a grant worth nearly $391,000 to a university to develop a website
to teach children about dog bites.
 Another $15,000 grant issued by the Environmental Protection Agency was given to a university to study
pollution that emanates from backyard barbecues.
Future reports in the “America’s Most Wasted” series will highlight wasteful spending at the Pentagon, the
Department of Veterans Affairs and federal wildfire management, McCain said. McCain said the reports piggyback
on the annual wasteful spending reports former Sen. Tom Coburn (R-OK) compiled while he served in Congress.
[Source: The Hill | Rebecca Shabad | May 07, 2015 ++]
Funeral Homes
► The Funeral Rule | FROP
Some funeral homes aren’t good at following the rules, but sadly, they may not be called out by customers who are
grieving or rarely have to make funeral arrangements. Recent undercover spot checks used to assess these facilities
found that 1 in 4 funeral homes failed to comply with federal disclosure requirements. All funeral homes are required
by law to disclose pricing information and follow other rules designed to protect consumers. The regs are dubbed “The
Funeral Rule.” “The Funeral Rule, enforced by the Federal Trade Commission, makes it possible for you to choose
only those goods and services you want or need and to pay only for those you select, whether you are making
arrangements when a death occurs or in advance,” the FTC explains. “The Rule allows you to compare prices among
funeral homes, and makes it possible for you to select the funeral arrangements you want at the home you use.”
Investigators with the FTC conducted 100 funeral home visits in six states in 2014. The undercover visits revealed
that 27 of the funeral homes failed to properly disclose pricing information:
 In Northwest Arkansas, five of the 16 funeral homes inspected failed to make a price list disclosure;
 In Bakersfield, California, seven of the 11 funeral homes inspected failed to make a price list
 In Annapolis, Maryland, and vicinity, four of 13 funeral homes inspected failed to make a price list
disclosure;
 In St. Louis, Missouri, three of 16 funeral homes inspected failed to make a price list disclosure;
 In Westchester County, New York, three of 29 funeral homes inspected failed to make a price list disclosure;
and
 In Seattle, Washington, five of 15 funeral homes inspected failed to make a price list disclosure.
The FTC said that 25 of the 27 funeral homes that failed to properly disclose pricing information have agreed to
enter the Funeral Rule Offenders Program (FROP), a three-year program designed to increase compliance with the
federal law. “Funeral homes that participate in the program make a voluntary payment to the U.S. Treasury in place
of a civil penalty and pay annual administrative fees to the [National Funeral Directors] Association,” the FTC said.
Since the FROP began in 1996, more than 2,900 funeral homes have been inspected, resulting in 486 participants in
the FROP. [Source: MoneyTalksNews | Krystal Steinmetz | May 05, 2015 ++]
********************************
Car Insurance Update 10
► Ten Horrible Decisions to Mess it Up
We often forget that our auto insurance policies are contracts. Besides paying your premium on time, you should abide
by your car insurance company’s rules. But how can you abide by the rules when you don’t even know what they
are? Here are 10 common scenarios that Insure.com readers often ask about. If any of these hit close to home, quickly
fix the issue before you get in a pickle.
1. You haven’t added a licensed teen to your car insurance policy. No one wants to raise their hand and offer to
pay more for car insurance. But insurers are permitted to consider all household residents when they price a policy,
including a teen. Withholding information about your teen driver from your car insurance company is a big no-no.
Insurers have ways of finding out. They can pull reports that identify “hidden” household members. One such report
from LexisNexis looks for “undisclosed” newly licensed drivers between ages 15 and 25. If your insurer finds out
about your licensed teenager this way, it can revise your premiums to include the young driver, or decide it doesn’t
want your business anymore. If your insurer doesn’t find out about your teen until there is an accident, it still might
cover the incident. That would be a lucky outcome, but you’ll back premiums based on the teen driver. Or, your auto
insurance company may say it’s not covering the teenager and is dropping your policy because of your failure to
inform it.
2. You let your adult child take your car with her when she moved to another state. Sure, it’s so much easier to
put off a call to your agent and let your child move away with a family car. But when your car is being driven and
garaged in a new area, the risks of you as a customer have changed. Car insurance companies expect to be informed
about these changes. If your daughter were in an accident, your insurer could say you concealed vital information
about the vehicle’s location, deny your claim and cancel the policy. If you want to do things the right way, add the
child’s name to the car’s title. Then your child can buy insurance for the car in her own name and using her new
address. This will also allow your child to register the car in her new state, which most states require.
3. You sold your car to your son but still carry the insurance on it. Uh oh. In general, you can’t carry insurance
on a car in which you don’t have an “insurable interest.” Typically those with an insurable interest are the car’s
owners, lienholders and co-signers – meaning those who would be affected financially if something happens to the
car. Since you are no longer the car’s owner, it’s time for the new owner -- your child -- to buy car insurance for the
vehicle. If he’s still a minor, you may have to be on the policy with him. Minors typically must have a parent or
guardian involved in the auto insurance contract. You could face problems submitting a claim if you have failed to
tell your insurance company about the ownership change. Or worse, the car insurance company could say you hid the
change as a scheme to get lower car insurance rates, which would qualify as insurance fraud and a reason for it to
deny claims and cancel the policy.
4. You want to finance and insure a car for a relative who lives out of state. Auto finance companies want evidence
that the car loan is in the same name as the insurance policy. Since you’re not the primary driver of the car, nor is the
car at your residence, it is difficult, if not impossible, for you to insure the car. You should contact the finance company
to see if it will allow your relative to be the “named insured” on a policy. If it agrees, your relative has the hurdle of
finding an insurance company in her state that will permit her to insure a car she doesn’t own. If she can find such a
company, then she still has to list you and the finance company on the insurance as owner and lienholder, respectively.
If you carry insurance on the car without telling your insurer about the situation and your relative wrecks the vehicle,
it’s very likely the accident wouldn’t be covered. Your car insurance company is likely to call you out for
misrepresenting who was driving the car and where it was located, and cancel the policy.
5. You lend your car to a friend for a few months and don’t notify the insurance company. Your car insurance
policy typically will cover a friend who drives your car occasionally, but it’s a different story when you loan your car
out for a long period. The car is now housed someplace other than your residence, and someone else is acting as the
primary driver of the car -- both circumstances your car insurance company wants to know about. If your insurance
company’s rules allow, you may be permitted to add your friend as a driver to your auto policy, but most car insurance
companies don’t want to add a person outside of the household. If that is the case, your friend should consider insuring
the car. Some insurance companies will allow someone to insure a car that he doesn’t own, as long as the owner is
listed on the policy. If your friend crashes your car, your insurer can deny claims because you concealed pertinent
information about the “real” driver and vehicle location. That can leave you and your friend on the hook for damages
he caused.
6. You sold your car and the buyer is making payments but you’re still carrying the title and insurance. Don’t
keep your name and insurance on a car that another person possesses! First, as the owner – because your name is still
on the title -- you have vicarious liability for the actions of the person driving the car that you “sold.” Second, you’re
paying for insurance but any claims might not be covered. Your car insurance policy normally covers cars and drivers
of your household, not others. If you’re in this situation, you should sign the title over to the new party. He can easily
get insurance once he registers the car -- and you will no longer be held responsible for his actions. To protect your
interest in the car, make certain you’re listed as the lienholder on the car’s title and auto insurance policy. That way
you’ll be notified if he tries to sell the car or drop car insurance.
7. You’re delivering pizzas with your personal vehicle. Most personal auto insurance policies exclude coverage if
you use the vehicle to deliver items, whether it’s pizza, newspapers, packages or medical supplies. Insurance
companies see unsavory risk in delivery drivers because they are constantly on the road. If you want to be paid to
deliver items, you should change to a business-use or commercial car insurance policy. If you don’t and you get caught
driving for deliveries, you’re on your own to compensate others for damages they sustained -- and the damages to
your own vehicle.
8. You let an "excluded driver" drive your car. Big mistake. When you put a named-driver exclusion on your
policy it meant that the person listed is not covered under any circumstances and shouldn’t be driving your car. So if
that person gets behind the wheel of your car, even in an emergency, and causes an accident, you and the driver will
be the ones to pay for any resulting injuries or property damage. Hide your keys from any excluded driver in order to
lower your risk of financial disaster.
9. You bought a new car weeks ago and haven’t told your insurer. If you traded in a vehicle, then your car
insurance policy likely extends the same exact coverage to your new car for a limited time. This means if you bought
only liability on your old car, your new car would only have liability coverage. The deadline for informing your
insurer about the new car varies by insurer, but is typically 14 to 30 days. Here’s more about extending coverage to
new cars.
 Don’t bet on having automatic coverage, either; some car insurance companies don’t give you any.
 If you’re adding a car rather than replacing one, you should buy coverage for it before driving it off the lot.
If you’re outside the insurer’s automatic coverage period, or there is no extended coverage on your new car, and
you’re in an accident, your insurance company won’t help you. You’ll be paying out-of-pocket for damages you do
to your own car or others.
10. You haven’t told your insurance company that your live-in girlfriend drives your car. Insurance companies
hate it when you “forget” to tell them about a driver who lives with you or regularly uses your car. Insurers can’t
charge you correctly if they don’t know about all licensed household members, including a girlfriend or spouse. If
you recently got married or moved in with someone, let the insurance company know immediately and have the person
added to your policy as a driver. If you fail to do so, don’t be surprised if claims are denied if they cause an accident,
or if you’re asked to pay back premiums based on the additional driver. If your car insurance company believes you
were intentionally hiding the driver – say your girlfriend has a bad driving record -- then it may say you committed
fraud by means of misrepresentation. This means your car insurance company can cancel your policy.
[Source: MoneyTalksNews | Penny Gusner | Jan. 27, 2015 ++]
Statistics for the Year 1910
► What a Difference a Century Makes
Here are some statistics for the Year 1910. T’was Another World










The average life expectancy for men was 47 years.
Fuel for this car was sold in drug stores only.
Only 14 percent of the homes had a bathtub.
Only 8 percent of the homes had a telephone.
There were only 8,000 cars and only 144 miles of paved roads in the U.S.
The maximum speed limit in most cities was 10 mph.
The tallest structure in the world was the Eiffel Tower!
The average US wage in 1910 was 22 cents per hour.
The average US worker made between $200 and $400 per year.
A competent accountant could expect to earn $2000 per year, a dentist $2,500 per year, a veterinarian between
$1,500 and $4,000 per year, and a mechanical engineer about $5,000 per year.
 More than 95 percent of all births took place at HOME.
 Ninety percent of all Doctors had NO COLLEGE EDUCATION! Instead, they attended so-called medical
schools, many of which were condemned in the press AND the government as ‘substandard.’
 Sugar cost four cents a pound.
 Eggs were fourteen cents a dozen.
 Coffee was fifteen cents a pound.
 Most women only washed their hair once a month, and used Borax or egg yolks for shampoo.
 There was no such thing as under arm deodorant or tooth paste.
 Canada passed a law that prohibited poor people from entering into their country for any reason.
 The five leading causes of death were: Pneumonia and influenza, Tuberculosis, Diarrhea, Heart disease, and
Stroke
 The American flag had 45 stars.
 The population of Las Vegas Nevada was only 30!
 Crossword puzzles, canned beer, and iced tea hadn’t been invented yet
 There was no Mother’s Day or Father’s Day.
 Two out of every 10 adults couldn’t read or write and only 6 percent of all Americans had graduated from
high school.
 Eighteen percent of households had at least one full-time servant or domestic help.
 There were about 230 reported murders in the ENTIRE U.S.A.!
[Source: http://allfairfield.com/nostalgia | David Osterberg | April 22, 2013 ++]