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Sunday, March 14, 2010

April 2007 Legis Chat

Each month, a MOAA lobbyist will take an hour to answer live and previously e-mailed questions from members about our legislative issues. Please keep in mind that we may not be able to answer all the emails, but we will attempt to get through as many as possible. Our intent is to provide an additional avenue for a member to talk directly with MOAA's Government Relations lobbyists.

We will advertise this in our e-newsletters, but please feel free to pass this information along to fellow servicemembers. Please join us in May when one more lobbyist will be available to chat with you.

April Chat below!

View January Chat
View February Chat
View March Chat





Colonel Ana Smythe, USMC (Ret), joined the MOAA legislative team in September of 2006 following a 30 year military career. Three command tours highlighted her career, two with Marine Security Guard Battalion and the third at the Marine Corps Recruit Depot, San Diego. She attended both the Naval Command and Staff College and the Army War College. Immediately following the latter she accepted a joint assignment within the Office of Secretary of Defense as the Military Assistant to the Assistant Secretary of Defense for Legislative Affairs. Her career culminated at the Navy Yard Washington D.C. where she served as the Navy and Marine Corps adjudicator for CRSC.

 



Disclaimer: MOAA moderators retain editorial control over live online discussions and choose the most relevant questions to answer for members.


Ana Smythe

Good afternoon, I am looking forward to hearing your questions and concerns about health care/transition services and hopefully providing answers. Before I start the chat I want to address one question that I received a few times.

Many people asked when they will receive their VA back pay and if I had specific times and dates for receipt of that money? Unfortunately the VA has not released a master list of retirees who will and will not receive this pay. I have heard that some retirees are starting to receive their payment. Please continue to be patient this is not an overnight process.

For more information on the retroactive payments please click on the article below.

http://www.moaa.org/serv_benefits_pay_compensation_dfas_va_retro.htm  

Thanks for your patience, now lets start this chat.

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(12:00pm) Lauren H.: I BELIEVE THAT VA DISABILITY RATINGS FOR NON-COMBAT RESERVISTS SHOULD BE REVIEWED AND RE-EVALUATED, ESPECIALLY IF ITS OVER 20% PLUS RATING.

Ana S.: I can understand your frustration. However, I don't think we need a full review of non-combat reservist ratings. I think it is important to look ahead and figure out ways to help change the VA rating system in a positive manor. The VA system is already bogged down; a re-review would not help that situation.

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(12:03pm) William C.: I just received a bill for the "not service-connected conditions" medications. Shouldn't they give me some warning before they implement such a new policy?

Ana S.: William we are having the same problem with TRICARE and their moving medications to the third tier and increasing the co-pay. We have tried before to encourage a notification process of some sort for both institutions but have gotten nowhere. In there minds it is just too expensive to notify every beneficiary about every medication with an increased co-pay. I agree with you completely, I just don't see a ton of change on the issue.

Not to say we won't keep pushing to change the status-quo.

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(12:06) JF M.: ONE OF THE BIGGEST PROBLEMS WITH THE VA IS THE MATHAMATICAL FORMULA THEY USE TO DETERMINE AN INDIVIDUAL'S DEGREE OF DISABILITY. I'M TOLD BY THE VA THAT THESE MAGICAL FORMULAS THEY USE WERE ESTABLISHED BY CONGRESS.

Ana S.: JF I've heard this question before, Congress in fact dictated that the Secretary of the VA adopt and apply a schedule of ratings, but didn't get into the weeds of the formula.

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(12:08pm) Barbara C.: We seem to be getting closer to curing the inequity endured by widows of service members who died from a 100% service connected disability whereby, our SBP was eliminated once we were entitled to DIC. This happened to me since the DIC was higher than the SBP that my late husband had selected and paid premiums on. The premiums were refunded to me, without interest. If this bill is passed and enacted into law, how can I have the SBP reinstated to be received along with the DIC?

Ana S.: Barbara I checked with Phil Odom (our new lobbyist on SBP) and he said that there are two bills in Congress that would eliminate the SBP/DIC offset. There is a House bill, H.R. 1589, which would require a proportional amount of SBP back payments based on the life expectancy of the survivor. The Senate bill, S. 935, would prohibit any back payments S. 935 also has a companion bill in the House, H.R. 1927.

So we are waiting to see which bill passes, we hope one does.

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(12:11pm) Patricia K.: Are you going to see to it that the 'TERRIBLE' offset DIC to widows be eliminated?

Ana S.: Patricia just last week we did our annual storming the hill event and elimination of the SBP/DIC offset was one of the three issues we stormed on. Please know that this is, and will continue to be on the top of our list until the offset is eliminated.

Check out the new brochure for more information on the offset.

http://www.nxtbook.com/nxtbooks/moaa/unduesacrifice/

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(12:15pm) Mike S.: With all this attention being paid to the VA health care system for disabled vets, why don't we push for some sort of merging of the VA and the FEBHP systems. Perhaps more of the post op care could be done thru the FEBHP. Perhaps Retirees could be switched to the Federal plan at age 65. Could this be a money saving plan?

Ana S.: Mike although an interesting idea I don't see a ton of money being saved by merging the VA/FEHBP system. As you may know now retirees at age 65 switch to TRICARE for Life, a system that we feel is providing a good health plan for both the servicemember and the government.

As for merging FEHBP and the VA these are two completely different systems set up for different reasons with different needs for their patients. Not to mention the administrative hassle that would go along with such an undertaking. At this point our goal is to improve the VA system, with funding and resources.

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(12:18pm) Robert K.: Traumatic Brain Injury (TBI),PTSD-Post Traumatic Stress Disorder, and amputees, to name a few types of injuries are all long, long term care medical, administrative and mental health needs for the injured and their family. We need to provide a seamless medical, financial, administrative, mental health support for these injured personnel and their families.

Ana S.: Robert part of my position here at MOAA is seamless transition legislation. I agree with your email and want you to know that I will be leading MOAA on this front. I hope that I can live up to your expectations and helped craft legislation that will truly help those returning. It is going to be a priority with legislators too - I have seen first hand their resolve to ensure our wounded warriors receive the care they deserve and will need long term. It is crucial we fight those battles now and win while support is on our side.

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(12:20pm) Randy R.: Have the 100% disabled unemployable veterans been left behind?

Ana S.: Randy we addressed this and other issues in our March chat, I hope this addresses your concerns.

http://www.moaa.org/lac_issues_chat_archive_070118/lac_issues_chat/lac_issues_chat_archive_070320/index.htm

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(12:23pm) Everett Y.: Why does the policy on veterans preference in hiring deny the 5-point preference to all of those who have loyally served their country and retired at grades of O-4 and above?

Ana S.: The intent behind veterans preference is to give a 'leg-up' to veterans seeking employment in the federal government. The federal Office of Personnel Management, which oversees "preference", has long maintained that field-grade and higher officers, unless they have a serious disability rated at 30% or more, do not need the boost available to other veterans under the preference program. We get very few inquiries on this issue and we believe most non-disabled retired officers accept the 'rules of engagement' on preference.

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(12:26pm) Matt M.: We continue to pour money into the VA-an outdated, overrun health care system. Instead why not transfer wounded veterans from the military system to current specialty hospitals in the Civilian community- this will enable them to not only use their emergency preparedness but keep them updated in their specialty training

Ana S.: The VA system is touted as the finest health care system in the country. In fact many active duty severely wounded receive their care from the VA because of their expertise in a growing number of areas. Granted the demand for VA care has increased significantly with our returning veterans and the claims system is overwhelmed and behind. But the care veterans receive when seen is top notch. Increased funding has been key to meet this growing demand, finally that fact has been recognized and the dollars are approved. To address your option, it costs a lot more to contract out than providing in house care.

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(12:30pm) Jamie N.: I've heard from friends they can't access mental health services at their local VA, yet we keep hearing about the increased need for returning Vets?

Ana S.: Good question, actually the VA is really working hard to make those counselors and other professionals available in what they have named VA Centers. There are currently 209 with 23 more on the way - go to the VA website to find out where they are located. These centers are there to help your friends and other returning OIF and OEF veterans to transition back to hometown USA. There is at least one mental health counselor and often more to handle PTSD concerns and other mental health issues. So spread the word and ensure all vets know that service is there for them - the centers also work with family members and help explain benefits, services and a host of transition issues.

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(12:33pm) Mike C.: I returned from Iraq over a year ago and sustained no physical injuries. However, I'm having a tough time adjusting and my memory isn't what it use to be. My wife says I should go see someone, but I am hesitant and figure things will return to normal soon. Am I fooling myself?

Ana S.: Sounds like you might be. Whether you realize it or not at some point during your deployment you may have been close enough to a blast to be injured and be unaware. We have discovered that a TBI can occur without your knowledge. The important thing to remember is the earlier the detection and treatment the greater the chance of full recovery. Don't take that chance. The good news is there are several pieces of legislation that address TBI, one requires testing pre and post deployment - so doctors have an established baseline to gauge any injury. I just hope it passes, in the meantime you need to see your physician and explain carefully your symptoms.

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(12:37pm) Dave C.: Why aren't our wounded/injured warriors being placed on the 5-year temporary retired list if they are not fit for duty? In this way, they'd have access to the military/TRICARE Health Care System anywhere.

Ana S.: Dave, Each service's physical evaluation board decides fitness for duty.

TDRL is part of that process. TDRL can extend to a max of five, but the individual is reevaluated every 18 months, not just 5 years. The warrior could become fit again and resume his military career, but only the PEB can place him on TDRL--they make the fit/unfit call and then the % call. If over 30%, the majority do go on the TDRL. Very few ever go straight to the PDRL. 10% and 20% get a lump sum and that is basically severance pay. Everyone who is unfit and rated at 30% or higher goes on the TDRL. But, at this time it is only for those that go through the PEB system.

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(12:40pm) Jim J.: How about allowing the VA the authority to bill Medicare and Tricare for Life as they care for aging veterans?? This would be in addition to current funding and would be cheaper for the taxpayers and in turn allow the VA to provide healthcare for more veterans.

Ana S.: We had pursued this in the past however we could not garner much Congressional support due to the fact that it would involve taking money from Medicare which is already financially strapped. Unfortunately, we don't see this going anywhere in the future.

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(12:43pm) Nancy O.: VA dental care is over loaded-always aging veterans need dental care. Insurance is not accepted at many dentists!

Ana S.: The reality is dental insurance is a financial issue for all ages. Dental coverage is expensive and limited. I don't have a good answer on your concern, the fact is we have heard there is more dental need out there than resources to apply to it.

Just a note, won't help you, but maybe your family. TRICARE Retiree Dental Plan is open to current spouse and/or eligible child of a non-enrolled member with documented proof the non-enrolled member is eligible to receive ongoing comprehensive dental care from the Department of Veterans Affairs.

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(12:46pm) Dr. Z.: Are you aware of the steep nine percent cuts in Tricare payments to psychologists which began February first of this year? As a result access to mental health care for military dependents has already been compromised as many psychologists and psychiatrists have had to limit services to military families and others have had to drop them from their rolls altogether. Are there plans to reverse these cuts? Thank you. Dr. Michael Zakaras Clinical Psychologist

Ana S.: Unfortunately, we have been made aware of this through the TRICARE Managed Care Support Contractors and are very concerned. Along with the contractors we are paying close attention to network access to mental health providers. I checked with my colleague, John Class, and he would appreciate any factual input as it relates to access.

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(12:51pm) Carol H.: When are we going to see chiropractic care recognized and reimbursed by TRICARE? I am currently paying for the majority of my service-connected disability treatments out of pocket since the VA nor TRICARE offer to cover such care. This is not fair!

Ana: John Class, MOAA's TRICARE expert, touched on this in his February chat saying that we support bills that would extend chiropractic benefits under TRICARE. Although, there aren't any bills out there yet, it's still early in the legislative session. However, some VA centers may offer chiropractic already. Following a referral from a VA clinician, chiropractic services may be authorized consistent with regulations. Please contact your local VA Medical Center for more information.

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(12:53pm) Gerald B.: Has a site been selected for the new Walter Reed Hospital? I thought they were going to relocate to the Bethesda.

Ana S.: You're correct. Walter Reed will close down and move its capacity mostly to Bethesda Naval Medical Center. Some of Walter Reed's capacity will be moved to Ft. Belvoir in Virginia as well. We've weighed in on this matter to ensure that the transition for the wounded servicemembers from one facility to another is timely, seamless and easy for the beneficiary and their family. We've advocated for more BRAC resources to ensure that Bethesda and Ft. Belvoir are ready to take on the extra care as well as ensuring that enough resources remain in place at Walter Reed for the remaining wounded during transition.

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(12:57pm) Steve L.: What's going on with VA fee increases? I hear a lot about TRICARE fees, but no one is talking about VA fees. Wasn't there a proposal to raise them, too?

Ana S.: Steve, you're right about that one. In each of the last 3 years, Congress has rejected the administration's call to implement higher fees for certain non-disabled veterans and higher copays for prescriptions. Although the proposals were almost identical again this year, there's pretty broad consensus that Congress won't implement them this year either. While we're encouraged about the support we have received not to raise TRICARE fees, I just think you're hearing more about them because there's not as much consensus on that issue as there is opposition to raising VA fees.

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(1:00pm) Jeff Y.: I met with Senator Jon Kyl and Representatives Flake, Shadegg and Franks, all of Arizona. To my utter amazement, none of them were even vaguely familiar with the issues we are having regarding the increase of TRICARE premiums. Is someone not doing his/her job on this?

Ana S.: Jeff I can understand your frustration with meeting your elected officials and seeing blank stares when you bring up TRICARE or VA issues. The reality is that legislators aren't familiar with every issue, simply because they deal with so many. The role of associations like MOAA is to educate Congress and provide expertise. We get as much information as possible to staffers and legislators and help facilitate constituents "noise" so they can't unintentionally ignore an important issue.

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That's it! Thanks for joining me I hope this was helpful. Please join us in May (Military Family Appreciation Month) when CDR Rene Campos will join us to discuss Military Family issues in the 110th Congress.

Thanks

Ana