Virginia Mid-Atlantic Chapter Paralyzed Veterans of America

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Legislative Alert

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Physical Disability Board of Review on May 29, 2011

The "Dignified Treatment of Wounded Warriors Act of 2008," signed by President Bush on Jan. 28, 2008, provides veterans who served on acti9ve duty from Sept. 11, 2001 to Dec. 31, 2009, with an opportunity for review of disability ratings they were given which led to their discharged from the Armed Forces.

To be eligible for a Physical Disability Board of Review (PDBR) review, a veteran must have been medically separated during the above mentioned time frame, with a combined disability rating of 20 percent or less, and not have been found eligible for retirement. Over half of the cases that have been completed have been changed and have made those discharged improperly, now eligible for health care, and the ability to sign up for the Survivor Benefit Plan for their families without penalty.

For more information and how to apply contact the PDBR intake unit at the following address:

SAF/MRBR
550 C Street West, Suite 41
Randolph AFB, TX 78150-4743

(News Briefs, NAUS Magazine, May/June 2011)

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More GI Bill Reform on May 27, 2011

Bill to Expand GI Bill Transferability Eligibility

Congressman Jason Chaffetz (R-UT) has introduced H.R. 2002. A bill that would expand Post-9/11 GI Bill Transferability to cover those who have been retired due to disability or medical reasons and allows retirees to make the transfer within 36 months of their retirement.

H.R. 2002 would amend current law to allow service members retired due to a service-connected injury or disability to qualify for GI Bill transferability even after leaving the service.

The proposed legislation would also extend service members transfer eligibility 36 months after retirement, with an additional 12 months extension upon DoD approval for special circumstances.

H.R. 2002 does not increase costs, as the funding already exists for service members who qualify for the benefit and there are no additional costs associated with transferring the benefits to a dependent or spouse. According to the Bill's author, the bill simply restores equality and fairness to the process, allowing the service member to determine who gets to use their earned benefit.

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Support Restoring GI Bill Fairness Act (HR 1383) on May 24, 2011

Urge Senate to Pass HR 1383

The House has approved the "Restoring GI Bill Fairness Act" (H.R. 1383) that increases the tuition cap from $17, 500 to $27,000 for veterans attending private schools if they were enrolled in the private school before last years bill (Post 911 Veterans Assistance Improvement Act) reforming the Post 9/11GI Bill took effect. Last year's bill reforming the Post 9/11GI Bill included a tuition cap ($17,500) for private schools. The sponsor of the legislation Rep. Jeff Miller (Fla.), the Committee Chairman, believes the legislation is needed to ensure that veterans already attending private schools before the legislation passed last year will be able to complete their education that was promised them when the original Post 9/11 GI Bill was enacted in 2008. The bill will now go to the Senate for further consideration.

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HASC Leaders Allow Higher TRICARE Fees on May 21, 2011

Don't Raise Fees

The House Armed Services Committee has decided to allow The Defense Department to increase TRICARE Prime Fees 13 percent and allow fees to increase each year thereafter by the rate of inflation.

The go-ahead for TRICARE fee increases and related prescription increases are part the fiscal year 2012 National Defense Authorization Act (HR 1540).

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Support Restoring GI Bill Fairness Act (HR 1383) on May 20, 2011

Allow Vets to be grandfathered on tuition cap if they started school before cap was enacted

The House Veterans Affairs Committee has approved the "Restoring GI Bill Fairness Act" (H.R. 1383) that increases the tuition cap from $17, 500 to $27,000 for veterans attending private schools if they were enrolled in the private school before last years bill (Post 911 Veterans Assistance Improvement Act) reforming the Post 9/11GI Bill took effect. Last year's bill reforming the Post 9/11GI Bill included a tuition cap ($17,500) for private schools. The sponsor of the legislation Rep. Jeff Miller (Fla.), the Committee Chairman, believes the legislation is needed to ensure that veterans already attending private schools before the legislation passed last year will be able to complete their education that was promised them when the original Post 9/11 GI Bill was enacted in 2008.

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HASC Approves NDAA for FY 2012 on May 14, 2011

Veterans Disability Tax and Widows Taxes Not Changed

As you are likely aware, on May 12, the House Armed Services Committee (HASC) approved its version of the $690 Billion FY2012 National Defense Authorization Act (H.R. 1540).

The Committee dropped a provision that would have frozen TRICARE fees for another year but replaced it with a provision that allows modest increases for FY 2012, but adds important protections against disproportional future increases. The new provision would allow DoD to raise the TRICARE Prime monthly enrollment fee by $5, and raise retail pharmacy copays by $2 or $3, but would eliminate the copay for generic drugs in the mail-order program.

Also, at issue is the Subcommittee's recommendation that DOD’s Military Retiree Health Care program have a 1 year moratorium on any increase in beneficiary health care costs. Healthcare has been a prime motivator to accept the rigors of 20 plus years of military service, hardships of family separations, and the personal sacrifice of life or limbs. Please exclude any proposed changes considered for TRICARE.

More important, the bill adds a statement that Congress recognizes that career military people pay the bulk of the premiums up-front and in-kind, through decades of service and sacrifice. In recognition of this, the bill language specifies that the percentage fee increase in future years my not exceed the percentage increase in military retired pay.

However, excluded from the Committee’s mark up are 3 issues that I strongly feel should be included in the NDAA:

- Early retirement credit to all Guard and Reserve personnel who have been recalled to active duty tours of at least 90 days retroactive to September 11, 2001.

- Elimination of the Disabled Veterans Tax. Allow concurrent receipt of Military Retirement and VA Disability compensation.

As you might be aware, nearly 500,000 disabled military retirees are disenfranchised from the restoration of the con-concurrent receipt of military retired pay without offset by VA disability compensation because they were retired under Chapter 61 with less than 20 years of service or have service connected disability less than 50%. Corrective legislation for the 112th Congress is found in H.R. 333 and S. 344.

- Elimination of the Widow’s Tax. Allow concurrent receipt of Military Survivor Benefit Plan (SBP) Annuity and VA Dependency and Indemnity Compensation (DIC).

Nearly 62,000 widows are similarly affected by the Widow’s Tax which is imposed when the military spouse dies of service connected causes and the widow’s SBP with premiums withheld from the military spouses retirement pay and the DIC. Similar to the phased in restoration of Concurrent Disability Retired Pay for those retired with 20+years of service and 50% - 90% disability, the restoration of the SBP/DIC offset is phased in over several years with annual increases of $10 a year. Where the VA monthly award for 2011 is $1154 the restoration is a miserly $70 a month, compared to the average SBP payment of some $800 - $900 a month. Why do we keep these brave ladies in poverty? Corrective legislation for the 112th Congress is found in H.R. 178 and S. 260.

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Withdraw US Troops from Afghanistan on May 11, 2011

Bills have been introduced in both houses of Congress asking the President to transmit to Congress a concrete plan for the withdrawal of U.S. troops in Afghanistan.

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Bring U.S. Troops home from Afghanistan on May 11, 2011

As the July deadline for the U.S. government to begin withdrawing troops from Afghanistan approaches, President Obama has offered few details on the pace at which the withdrawal will occur.

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HASC Leaders May Overturn Prohibition on Higher TRICARE Fees on May 6, 2011

The House Armed Services Personnel Subcommittee recently agreed with NAUS that TRICARE Prime fees should not be raised in FY 2012. A provision to prohibiting higher fees for another year was included in its portion of the FY 2012 National Defense Authorization Act.

However, NAUS has learned senior leaders of the House Armed Services Committee are now planning to overturn the Subcommittees' decision when the bill comes before the full Committee on May 11.

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Military and Retiree Issues Announced on May 6, 2011

National Defense Authorization Act for FY2012

The House Armed Services Military Personnel Subcommittee voted their issues for inclusion in the National Defense Authorization Act for 2012. These will be marked up by the Whole Committee on May 11, 2012 at which time there may be additions or changes offered. Selected issues of concern to the Non Commissioned Officers Association (NCOA) extracted from the Subcommittee recommendations:

Approved by the Subcommittee:

- Military Pay Increase: 1.5% Increase

- Military Retiree Health Care: one year prohibition on any increase in healthcare costs to retirees

- Impact Aid Authorized DOD: $30M

- Impact Aid Authorized BRAC Impacted Communities: $10M.

Retiree issues not recommended by the Subcommittee:

- Authorize early Retirement Credit to all Guard and Reserve personnel who have served on active duty tours of at least 90 days retroactive to September 11, 2001

- Elimination of the Disabled Veterans Tax. Allow concurrent receipt of Military Retirement and VA Disability compensation.

- Elimination of the Widow’s Tax. Allow concurrent receipt of military Survivor Benefit Plan (SBP) Annuity and VA Dependency and Indemnity Compensation (DIC).

These three issues may still be included in the National Defense Authorization Act for FY2012 based on the Legislative Mark Up process in the House.

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Help Protect Federal Research Funding on May 4, 2011

Federal research funding for prostate cancer accounts for around $400 million per year. The Prostate Cancer Research Program at the Department of Defense has received about $80million per year since 2001. Funding at the PCRP has accelerated the clinical trial process for several drugs over the past couple of years including the recently approved Zytiga and several other drugs currently in Phase III clinical trials.

PCRP funding also can jump start new innovative research that can be further developed with NIH funds because the program focuses on high-risk, high-reward research that has not traditionally been funded through NIH grants.

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