January 2008

PRESIDENT'S MESSAGE

     Another month has come and gone. It was a tough month for me getting ready for the holidays and working at the same time as I'm sure it was the same for many of our members. But we all survived and are now beginning the New Year.
     If you missed the Christmas Party, we had a great time; ate until we could eat no more, had fun opening the gifts and just talking and getting to know each other. We even had one little person there, Naomi, Jesse Garcia's granddaughter who entertained all of us.
     The Chapter's next activity of course will be the General Meeting on January 15th and then hope you can all make to the fun trip to Black Oak Casino. Details are on Page Six. But you have to hurry, time is running out for the deadline.
     We have big plans for the Chapter for the coming year for expanding our outreach to Veterans and their families as well as our ongoing role as a Resource Center for all Veterans. With many of our members retiring, we will be looking for members to help Veterans in any area they feel comfortable in. Think about joining a committee and getting more involved. I'll look forward to seeing more of all of you in the coming year.
                                                       Your President, Ted Adams

WELCOME HOME VIETNAM VETERANS DAY

Resolutions have been passed in both the House and Senate to make March 30, officially "Welcome Home Vietnam Veterans Day". To make it final, President Bush has to agree and endorse the resolutions. So, write a letter to the President at: The White House - 1600 Pennsylvania Ave. NW - Washington, D.C. 20500 or e-mail at: president@whitehouse.org. Do it soon before the date passes.
Keep the date open on your calendars, because whether it the President completes the mission or not, VVA500 will be planning an event for that day. Details will follow soon.

CURRENT NEWS AND ANNOUNCEMENTS

GENERAL MEETING - JANUARY 15
DOUBLE FEATURE AT 7pm

Mark ARguello
videographer and archivist
Mark will be coming from Hayward, CA to tell us about his experiences documenting the 25th Anniversary of the "Wall" in D.C., and the two volume, approximate 4 hour, DVD set that will be available soon documenting ceremonies, activities, the parade, speeches, etc. See a preview on www.Youtube.com/afveteran.

JOE WINKLER
REPORTER PRODUCER OF THE BOOMER REPORT
The Boomer Report is information that Baby Boomers can use and is aired on ABC,NBC,CBS & FOX affiliates. You too can be a star. Joe is looking for Vietnam Veteran stories that will be aired periodically on the Boomer Report as well as ongoing presence on the Boomer website. He will be at the meeting to describe the program and looking for those who would like to participate with the stories you want to tell. You can check out the Boomer Report website at www.thebommerreport.com/newsdirector

SEND SOME GREETINGS TO OUR ACTIVE DUTY PERSONNEL! THANK THEM FOR THEIR SERVICE!!!

     Last month, we told you how to send Holiday Cards to our active duty personnel. Just wanted you to know that this service from Xerox is available year round and you can repeat it at your leisure. So if you missed sending a card during the holidays here is the information again.
     Xerox is sponsoring this effort. Go to the web site: www.LetsSayThanks.com. There you can pick out a thank you card. Xerox will print it and it will be sent to a soldier that is currently serving in Iraq. You can't pick out who gets it, but it will go to some member of the armed services.

VETERAN BENEFITS

     This article deals with Pension Benefits for Veterans. Pensions are provided to Veterans who do not qualify for Service Connected Disability Compensation, but may be eligible for a Pension depending upon their income and medical status.
     AID & ATTENDANCE LEVEL OF VA PENSIONS......
      This special Pension (part of the VA Improved Pension program) allows for Veterans and surviving spouses who require the regular attendance of another person to assist in eating, bathing, dressing, undressing or taking care of the needs of nature to receive additional monetary benefits. It also includes individuals who are blind or a patient in a nursing home because of mental or physical incapacity. Assisted care in an assisted living facility also qualifies. This most important benefit is overlooked by many families with Veterans or surviving spouses who need additional monies to help care for ailing parents or loved ones. This is a "pension benefit" and is not dependent upon service-related injuries for compensation. Most Veterans who are in need of assistance qualify for this pension. Aid and Attendance can help pay for care in the home, nursing home or assisted living facility. A Veteran is eligible for up to $1,519 per month, while a surviving spouse is eligible for up to $976 per month. A couple is eligible for up to $1,801 per month. To be eligible the Veterans must have served during one of the following periods:
World War II: December 7, 1941 through December 31, 1946
Korean War: June 27, 1950 through January 31, 1955
Vietnam War: August 5, 1964 (February 28, 1961, for Veterans who served "in country" before August 5, 1964), through May 7, 1975.
Gulf War: August 2, 1990, through a date to be set by law of Presidential Proclamation.

The VA must determine that your net worth is such that it will probably not support you through the remainder of your life. The VA does not include primary residence or vehicles when determining net worth. To qualify you must have a "countable income" of less than the pension amount to be eligible for all or a portion of the pension. Countable Income is the amount of income a Veteran or surviving spouse receives each year, AFTER deducting all unreimbursed, recurring health care expenses. This includes assisted living costs, home health care, insurance & Medicare premiums, on-going pharmacy costs and more. If you have dependents, their health care costs can also be used to reduce your countable income. However, their income must also be added into the equation. There are three levels to the Improved Pension program: Basic Pension, Housebound, or Aid & Attendance. Each tier has its own level of benefits and qualifications. If you or your loved one does not qualify for Aid and Attendance, you may want to check to see if you qualify for another level of the Pension. For example the following would apply for eligibility to receive the Basic Pension: (See Page 7)

LEGISLATIVE ISSUES FOR VETERANS AND MORE

This will be an interesting one to watch:
VA LAWSUIT (LACK OF CARE)

     Late last month the government asked a San Francisco federal judge to dismiss a high-profile lawsuit challenging the system of treatment and benefits for returning combat veterans. The government's lawyers argued that civil courts have no authority over the Department of Veterans Affairs' medical decisions or how it handles grievances and claims. "If plaintiffs are not happy with the way the system is currently working, their remedy is to take it up with Congress" or with the Veterans Department, Justice Department Attorney Daniel Bensing told U.S. District Judge Samuel Conti. He said that in 1988, Congress created a system of reviewing Veterans' claims and it can't be second-guessed by regular courts. It was the first hearing on the nationwide lawsuit that is being closely watched by Veterans, their families and advocacy groups. The suit seeks a judicial finding that the VA's system of handling claims and appeals violates Veterans' rights. The plaintiffs also want court orders requiring the department to provide immediate medical and psychological help to returning troops and to screen them for risk of stress disorder and suicide.
     Gordon Erspamer, a lawyer for Veterans advocates, argued that the system established under the 1988 law is rife with constitutional violations that federal courts are competent to judge. Wounded Veterans, he said are arbitrarily denied care and benefits, are forced to wait months for vital treatment and years for benefits, have no access to lawyers or potential witnesses, and have little recourse when their claims are rejected. Under the current procedures, Erspamer said, the government "can deny health care to Veterans coming back from Iraq and Afghanistan with impunity. ...If this court dismisses this case, there is no way that these claims will ever be adjudicated." Conti, a World War II Veteran and a judicial conservative during this 37 years on the bench, raised questions about the courts' authority over the dispute but did not say how he would rule on the government's dismissal motion.
     The suit was filed in July by two organizations - Veterans for Common Sense and Veterans United for Truth as a proposed class action on behalf of 320,000 to 800,000 Veterans, or their survivors, claiming service-connected deaths and disabilities. They focused on claims of post-traumatic stress disorder, increasingly common among returning troops. A Pentagon study group reported in June that about 84,000 Veterans, more than one-third of those who sought care from the VA from 2002 through 2006 had been diagnosed with post traumatic stress or another mental disorder. The Pentagon group also found that the system was understaffed, prompting the VA to announce staffing increases in July. The suit said the department has a backlog of more than 600,000 disability claims. Cont. on Page 7........

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Where your journey of a lifetime begins.....
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One issue, business card size is $5.00. Get one month free by advertising for 6 months at $25.00. Call the office for more information or submit your copy with a check to VVA by mail.

VBA SYSTEM IS DYSFUNCTIONAL
From the Federal Manager's Daily report..............

GAO: STRONGER MANAGEMENT DATA NEEDED IN
VETERAN DISABILITY RE-EVALUATIONS

     The Veterans Benefits Administration does not have adequate operational controls to ensure that staff schedule or conduct disability re-evaluations as necessary, though the agency is planning improvements to some controls, GAO (Government Accounting Office) has said.
     It said the claims processing software used by VBA, (Veterans Benefits Administration) which completed about 17, 700 re-evaluations in fiscal 2005, does not automatically establish or prompt regional office staff to schedule a time - or "diary date" - to determine whether a disability re-evaluation should proceed.
     One result is that some cases in need of a re-evaluation may never get one, according to GAO-08-75, which based on an analysis of VBA data, a review of federal regulations and VBA procedures, site visits and interviews with VBA officials.
     A diary date triggers a preliminary review of a claim file to see if a fuller re-evaluation is needed. If not, re-evaluations can be cancelled, but such cancellations are not tracked or subject to quality assurance reviews to ensure adherence to program policies and procedures, the report said. It said the agency plans to improve some control mechanisms through its claims management system, the Veterans Service Network, including developing the ability to track cancellations.
     However, VBA has no plans to include a prompt for scheduling re-evaluation diary dates in VETSNET, according to GAO.
     It said VBA cannot effectively manage the disability re-evaluation process because some of the data it collects are inconsistent and it does not systematically collect and analyze key management data.
     While the agency does collect data on the amount of time regional offices take to conduct disability re-evaluations, regional offices use different starting points for measuring timeliness, leading to inconsistencies across regions, GAO said.
     It said VBA also does not know the types of disabilities being re-evaluated, the length of time before re-evaluations are conducted, or the results of the re-evaluations, and as a result cannot ensure that it is effectively and appropriately using its resources.
     Chapter Note: What does all of this mean? Re-evaluation is basically a file review. Until a Veteran's disability is considered total and permanent their files can be reviewed and exams carried out on a periodic basis. If through exam and medical record review, a Veteran's condition has improved, a reduction in rating is possible. On the other hand, the rating may be increased if warranted. As we have reminded Veterans in the past, if you are ever called in for an exam either for an initial claim or a review, always be honest about your condition and problems. Don't try to belittle how badly you feel whether it is mentally or physically. They are judging you from the minute you walk in.

AFTER ACTION REPORT

12/1 - Young Marines held their regular Training Day.
12/4 - VVA500 held their regular Board Meeting.
12/10 - Sec. McNeill and member Doc Kauffman attended the 20th Anniversary of the Memorial meeting held at CDVA.
12/15 - Young Marines held their regular Training Day.
12/18 - VVA500 held their annual Christmas Party at the Luau Gardens.
1/5 - Young Marines held their regular Training Day.
1/8 - VVA500 held their regular Board Meeting.

                           UPDATE ON SGT. SAM NICHOLS
Left: Sam and Julie Neria at the "Reading of the Names" 2005.
Right: Sam and his wife Erin.

     Sam's progress as of January 9, 2007 from father-in-law Tony's blog at: www.tneria01.wordpress.com.   "Sam made some nice progress this past week. His finger dexterity has been improving lately, especially his index, ring finger And thumb which are the most important for picking up and letting go objects.
     The speech therapist has been working on getting Sam to swallow (I'm assuming in preparation for drinking and eating through his mouth again.) She was having him swallow and then cough in sequence but yesterday during their session, he changed things around a little and coughed and then stuck his tongue out at her instead.
     This week in the therapy gym, Sam has been using the "standing frame" which is basically a chair that he gets strapped into that lifts him up into a standing position. It's not a walker, but a device that prepares Sam to eventually be able to stand on his own.
     Erin told us that lately Sam has been trying so hard to speak to her. She asked him this week if he was trying to say "I love you" and with a very pained look on his face, he signed "yes". Can you imagine not being able to say those words? We take so many things for granted.
     Erin has been taking off the side railing to Sam's bed lately and laying down next to him. She said he really likes it when they can take a nap together. Yesterday he fell asleep with his head on her shoulder."
     Chapter note: We were happy to have Julie and Tony Neria as our guests at the Christmas Party. We were able to help with a small donation going toward gas money for their visits in Palo Alto with Sam and Erin.
     We keep you updated on Sam's progress not only because of the personal connection the chapter has with Julie, but to make all aware of the suffering of our wounded warriors and how long it takes for them to return to their lives. Some are able to progress to normality. But some will remain forever broken and our government must provide them with care and fulfill their needs.

VETERAN PENSION BENEFITS, CONT.

     A Veteran earns $14,000 per year from Social Security. His wife earns $9,000 per year. The Veterans also earns $5,000 per year from a small company pension giving the couple a total annual income of $28,000.
     The couple has $38,000 in net worth in CDs and savings and they still live in the home they bought in 1954. This is not enough to support them for the rest of their lives.
     The Veteran pays $1,800 per month for his wife's home health care, they each pay a monthly Medicare premium of $93.50 x 2 = $187 per month, and he also pays $149 per month for supplemental insurance. Thus, their total medical monthly expenses are $25,632 annually.
     When you subtract the medical expenses from their total income, you get a "countable income" of only $2,368. The maximum benefit amount of $14,313 minus the countable income amount of $2,368 equals $11,945 which would be paid by the VA if the Veteran applies for it.     From the ROA Bulletin.
     Chapter Note: Basically what we are talking about here is a "means" test. If a Veteran's "countable income" with or without a wife meets the "means" criteria he/she/they may qualify for the level of Pension Benefits needed. The Veteran may also qualify for Medical Benefits under a pension.
     A common action that occurs is that when a Veteran has very low income, is not able to work, and is trying to get a claim through for Service Connected Disability, he/she will file for a pension. If the Veteran is receiving Social Security, he/she will not receive both. VA will only pay the difference between the Social Security income and the Pension Benefit.

USA.gov PROVIDES VIRTUAL TOURS

Take an afternoon off and do some Virtual Touring. You can visit Monuments, the White House, National Parks, the San Andreas Fault, the International Space Station and many, many more right from your own computer. Just go to the website: http://www.usa.gov/Topics/virtualtours.shtml. and choose what you would like to see from A-Z.
While you are visiting USA.gov website, check out the rest of the site. There is a wealth of information there concerning government for citizens, businesses, government employees, consumer information, etc.

UPDATE YOUR E-MAIL ADDRESSES

If you change your e-mail addresses, please update them with the Chapter. The same if you start using an e-mail address, please let us know. We don't pester you with a lot of e-mail and unless if is something totally unusual, do not forward the hundreds that we get asking us to forward. But, things do come up in between newsletters that we may need to alert you to, or reminders of deadlines where something is happening and we need to know your response. Either e-mail the change, to vva500@sbcglobal.net or call the office at 916-481-6020.

VA LAWSUIT, CONTINUED

Veterans' advocates say the VA pressures stressed-out soldiers to acknowledge pre-existing "personality disorders" that gain them a speedy discharge while forfeiting future disability benefits. Erspamer said improper delays and denials of treatment and benefits have contributed to an epidemic of suicides. From the San Francisco Chronicle 12-15-07.

SCAM TARGETS VETERANS IN BUTTE COUNTY

     The Butte County Veterans Service Officer warns the public of a scam directed at older veterans in nursing homes and other facilities. The scam is perpetrated by individuals who offer to help veterans and their dependents apply for VA benefits. They then charge fees of $700 or more for their so called services. The same services are offered for free by organizations certified by the U.S. Department of Veterans Affairs.
     Jessica Olson, a veterans service representative for Butte County VSO in Chico, said this has been an ongoing problem for years that has increased. "It has become extremely worse lately," Olson said. "It's a major scam in this area. It has happened in Oroville, Chico, Paradise and Redding." She said older veterans are also being approached in their homes. Some veterans have been taken for as much as $180,000 to $200,000 in retroactive pay.
     According to a letter from Olson, these companies offering services to veterans for a fee are neither associated with nor certified by the VA to help veterans and their family members file claims. Also there is no benefit in using them to get or expedite a claim. Claims would not go through sooner or have a better outcome by paying hundreds of dollars to these people. Olson said the individuals often offer financial planning or retirement services to the vets, which is legal, but it is illegal to offer veterans' services for a fee, which is why they sometimes bill for retirement or financial services instead.
     The scam is played out in the following scenario. They usually approach nursing homes and assisted living facilities to give a VA benefits briefing to veterans and/or their family members. The nursing homes usually do not know that these organizations are prohibited by law from preparing claims for a fee, and they are unaware that the services are provided for free by recognized veterans' service organizations. Sometimes the individuals promise tp file claims for free and later bill the claimant for other services. Consequently, vets wind up paying for a service they could receive for free from agencies certified by the VA. Additionally, certified organizations are trained by the VA and have a clear understanding of the VA claims, rating and appeal process. Since the individuals charging for this service do not work for organizations that are VA recognized, they structure their business to receive payment for services from the claimants' private care providers in an attempt to avoid criminal penalties. From an Oroville newspaper.
     Chapter Comment: It appears if the Veterans are receiving those high amounts in retroactive pay, that the claims are justified and more outreach to our older Veterans is needed. If you need or know of anyone needing to file a claim, call the office and we can direct you to recognized service officers.

                                    CHAPTER INFORMATION
OFFICERS: President: Ted Adams
Vice President: Karen Anne Winnett
Secretary: Gregory McNeill
Treasurer: Jerry Quint
BOARD MEMBERS: Hank Davis, Don Harper, Monty Montoya
ADDRESS: Vietnam Veterans of America, Inc., Chapter 500
                                            P.O. Box 255484
                                           Sacramento, CA 95865
TELEPHONE:                 916-481-6020
E-MAIL:                          vva500@sbcglobal.net
CHAPTER WEBSITE: www.norcaltrav.com/vva500.htm
FOR INFORMATION: Call or e-mail, Executive Director,
                                           Mary Lou McNeill
NEWSLETTER SUBMISSIONS: Mail to Chapter address or e-mail information. Please send pictures in jpeg form.
VVA Chapter 500 is a non-profit organization, #68-0208305, CT#75945, United Way #12583. All donations to support our projects such as our Scholarship Fund, Helping Hands Fund, Events for Veterans, and Honor Guard will be gratefully appreciated. You may earmark your donation to the project you wish to support.
DIRECTIONS to the Roseville Veterans Memorial Hall. From I-80. Take the Douglas West exit. Go to the third light which is Folsom Rd. Turn right, go to the second stop sign, which is Sutter, turn left, follow the curve, you will see a sign on the right and left that says "Royer Park", turn left there. You will immediately see the hall to the right and the parking lot. That's it. In the hall, from the main door, follow the VVA sign to the meeting room. When you leave, the street is one way, so you will go to the right. You will then come up to Douglas Blvd., again and a left will go back to the freeway and whichever direction you need to go from there..

HAPPY BIRTHDAY!
JANUARY BIRTHDAYS!
♫♫♫Ted Adams - Army♫♫♫John Gates - Army♫♫♫William Thomas - AVVA-Army♫♫♫Jim Klauder - Navy♫♫♫
and Happy Belated Birthday to Hank Davis - Marines. We missed him in November.

HELP SUPPORT OUR SCHOLARSHIP FUND
BY CALLING FOR PICK UP OF YOUR USED HOUSEHOLD ITEMS: 1-866-241-8387 (TOLL FREE)

WELCOME HOME NEW MEMBERS!

Rhona Nitsche - AVVA/Air Force
Reynaldo Mendoza - Army
Martin Snezek - Air Force

Vietnam Veterans of America, Inc.
Sacramento Valley's Chapter 500
P.O. Box 255484
Sacramento, CA 95865
916-481-6020 - vva500@sbcglobal.net

         ADDRESS SERVICE REQUESTED

SUN	MON	TUES	WED	THURS	FRI	SAT
		1	2	3	4	5 Young Marines Training Day
6	7	8 VVA500 Board Meeting Operation Cedar Falls Began 1967	9	10	11	12 Lincoln's Birthday
13	14	15 VVA General Meeting	16	17 Memorial Anniversary Meeting Operation Desert Storm Began 1991	18	19 YM Training VVA500 Black Oak Casino Trip
20 Battle of Khe Sanh Began 1968	21 MCL Martin Luther King Day	22 Washington's Birthday	23	24	25	26
27 Signing of Vietnam Peace Accord 1973	28	29	30 Tet Offensive Began 1968	31 Battle of Hue Began 1968

SUN	MON	TUES	WED	THURS	FRI	SAT
NOMINATIONS FOR OFFICERS AND THE BOARD OF VVA500 ACCEPTED THIS MONTH. CALL IN YOUR NOMINATIONS! SEE DETAILS ON PAGE 8					1 VVA500 Birthday 2/1/90	2 Young Marines Training
3	4	5 VVA Bd. Meeting VOTE TODAY	6	7	8 Boy Scouts Founded 1910	9
10	11	12 Operation Homecoming Began 1973	13	14 Memorial Anniversary Meeting	15	16 Young Marines Training
17	18 MCL President's Day	19 VVA General Meeting	20	21	22 Operation Junction City Began 1967	23 Post-Tet Offensive Began 1969
24	25	26	27	28	29