Remember                                                        In Memory of Bill Wolf  and all of our fallen brothers.....       

CAPITOL CITY
VETERAN

Newsletter for Sacramento Valley's Chapter 500 of the Vietnam Veterans of America, Inc.

"We remember!"  MARCH-APRIL, 2007 "Be Proud"

               
                                

     Well, we thought maybe things would slow down in January and February.  January wasn't too bad, but then came February.  We celebrated the Chapter Birthday at the February 20th General Meeting.  The actual birthday date is February 1, 1990, and we've come a long way since then.  Then I spoke at the Young Marines Graduation, and we were asked to participate in the Vietnamese New Years Parade.  It was a long walk, rainy and cold, but everybody made it and we were treated to food afterward.  Already, planning meetings started for the events for 2007-2008.  Our Color Guard was asked to perform services at the California State Council meeting held in Sacramento in March.  It promises to be another big, busy year for the Chapter.  Hope to see you at many of the events and meetings.  And let's get out there on March 17th to support our troops and to participate in the parade that night. 
                                                          Your President, Ted Adams.

                                            IMPORTANT NOTICE!
     While there is NO General Meeting in March, April 17, will be an important meeting to attend.  This is the Chapter's Annual Meeting.  Elections will be held, Annual Reports will be available and you will receive an updated Member List, and a calendar of the known events for the next year.  So, take part in the business of the Chapter by attending this meeting.  The entire list of officers and board members has nominated themselves for the 2007-2008 year.  But nominations can still be made from the floor per the by-laws.

                  HAPPY ST. PADDY'S DAY!
    

        CURRENT NEWS AND ANNOUNCEMENTS
GENERAL MEETING
NO MEETING THIS MONTH - SEE BELOW

MARCH 17, 2007

     Many groups that support Veterans will be gathered together for a full day of showing our active duty personnel that we care.  After all of the programs are over the Chapter will be marching in the St. Patrick's Day Parade.

HERE ARE ALL OF THE DETAILS

                         THE GATHERING OF EAGLES IN SACRAMENTO
     This program will run simultaneously with Washington D.C.  The program will start at 7AM and go until Noon.  It begins at the CA Vietnam Veterans Memorial. There will be refreshments provided by Veterans and Troop Support Organizations at various locations on site.
     Then, all will go to the West steps of the Capital for a program there, followed by a peaceful march back to the Memorial.  Around 1PM a program will start there.  President Adams and Secretary McNeill will be speakers at that program.
     Come show your support for our active duty personnel.  Don't forget the VVA motto.  "Never again shall one generation of veterans abandon another".  Everyone is encouraged to wear something blue showing your support.

                                   ST. PATRICK'S DAY PARADE
     It's traditional for the Chapter to march in this parade, and we'll be there this year too.  There will be two vehicles available for those who cannot walk.  Assembly area will be behind the Railroad Museum in Old Town Sac.  Only the vehicles that are in the parade will be allowed back there due to space restrictions.  You must park in the Old Town Parking Lot across the street.
     Time:  Assemble at 4:30PM behind the Railroad Museum to the right.
     Parade Start Time:  6:00PM.

SUN

MON

TUES

WED

THURS

FRI

SAT

11
Operation Resolve to Win Began 1968
 

15
 

21
First Day of Spring

22
Veterans Advisory Council Meeting
Hearing on Disabled Veteran Employment

SUN

MON

TUES

WED

THURS

FRI

SAT

1
Palm Sunday
Operation Pegasus Began 1968
yaD slooF lirpA

11
Persian Gulf War Official Cease Fire 1991

15

16
Stand Down Task Force Meeting Marine Corps League Meeting

17
VVA500 Annual Meeting
Taxes Due Today

18

19
Operation Delaware Began 1968

 

20

21
Young Marine Training Day
 

22
Dedication of the VA National Cemetery in Dixon 2:00 PM

23

24
Battle of the Hills Began 1967

25

26

27

28
Blue Star Mothers Pasta Feed-Roseville 916-715-0544

29

30

MAY 1
Cambodia Campaign Began 1970

May 2

May 3

May 4

May 5
Mini Tet Began 1968

May 6

May 7

May 8  - US Navy Mined North Vietnamese Ports

May 9

May 10 - Battle of Hamburger Hill Began 1969

MORE ON VETERANS BENEFITS

     With all of the information coming out on the care, etc. of our new Veterans, there is another item which should be brought to everyone's attention.  This could apply to new Veterans or actually any Veteran who has received a DOD compensation rating for a disability and may need to upgrade it or apply for other disabilities.
     As we have heard, the DOD is giving an option to injured active duty personnel to leave the service with a rating for compensation for their injury and also a one time lump payment for the injury.  They then are mustered out, with some time for medical care provided.  The lump sum payments can look very inviting to an injured person possibly with a family, etc.  But, keep this in mind the DOD ratings are normally lower than the VA ratings for same type injuries.  If problems due to that injury increase, the DOD rating cannot be increased through DOD.  If this happens, the Veteran must submit claims to the VA for a rating decision for that injury.  The catch is, in order for the Veterans to receive an increase in that rating, he/she will have to pay back that initial lump sum to the DOD.  This pay back would be taken out of the increased compensation he/she receives from the VA until the amount is paid back.  The Veteran would continue to receive the DOD compensation until the VA claim is adjudicated.  The Veteran may though, file a claim for any other service connected disability (injury, illness or PTSD) without any effect on that original rating or lump sum.  This only applies to the original injury.  So, depending on the injury, and whether they want to be discharged or not, the active duty personnel may want to way all of his/her options before accepting that lump sum payment.

     If you didn't attend the January or February General Meetings, you missed a couple of great opportunities to see what the VA will provide.  Here is a brief synopsis of the two meetings.
     On January 16th we had Karen Borrego, the acting Chief of Social Services at Mather VA as the speaker.  The VA Medical System has Social Workers at each VA Medical site that can provide help and information to Veterans and their families.  Some of the services are:  Community Based programs with skilled nursing from long term care, the placement and/or monitoring of patients placed in that care, a Homemaker Home Health Program which consists of assistance and help for home care, Adult Day Health Care, Pick-up for Veterans for meals, help with negotiating the system for appointments and services.  Arrangements can be made for various services from the County that could not be provided by the VA  They also provide Homeless Veteran Outreach and grants to providers that provide services to the Homeless.  Homeless can obtain bus passes, meal tickets, resources and counseling as to benefits and services.  Social workers can provide Advanced Health Care Planning and Advanced Directives.  These are some of the services in a nutshell and details, qualification for various types.  So, if at any time you think you may need some of these services or need the details of any, call the VA at 916-843-7000 and ask for the Social Worker.

                    Continued on Page 7 ►►►

                                       AFTER ACTION REPORT

1/6 - VP Winnett, Secretary McNeill, Bd. Member Davis participated in the regular Young Marines Training Day.
1/12-13 - Secretary McNeill attended the quarterly CSC meeting in Fresno.
1/15 - Secretary McNeill and other members attended the regular Marine Corps League Meeting.
1/16 - The General Meeting of VVA500 was held with Karen Borrego, Acting Chief of Social Services at Mather VA as speaker describing the many services that the Social Workers at VA can provide to Veterans and their families.
1/20 - VP Winnett, Secretary McNeill, Bd. Member Davis participated in the regular Young Marines Training Day.
2/3 - VP Winnett, Secretary McNeill, Bd. Member Davis along with several other members and E.D. McNeill attended the graduation of the current group of recruits graduating as Young Marines.  President Ted Adams was the guest speaker.  A VVA500 Board Meeting was held after the graduation.
2/5 - Chapter Representative Joe Cavanagh and E.D. McNeill attended the Monthly Roseville Veterans Memorial Hall Board Meeting.
2/9 - Secretary McNeill and E.D. McNeill attended the Vietnamese New Year celebration dinner.
2/10 - Several members participated in the Vietnamese New Years Parade.
2/13 - Board Member Don Harper and E.D. McNeill met with the head of the Sierra College Veterans Counseling Center regarding how we can help the Veterans Club at the college which consists of Iraqi, Afghanistan, and other Veterans.
2/16 - E.D. McNeill met with Rebels with a Cause leader Kathleen DeSpain-Moore to discuss plans for the upcoming event March 17 as well as the month of May.
2/17 - The regular officers participated in the Young Marine Training Day.
2/19 - Secretary McNeill attended the monthly Marine Corps League Meeting and was put in charge of the arrangements and MC duty for the upcoming Marine Corps Birthday Ball in November.
2-20 - The General Meeting of VVA500 was held with Jan Rollings-Rapoza and her husband Glenn as speakers regarding the many services provided re:  rehabilitation and independent living areas by the VA Rehab. Department.
2/22 - E.D. McNeill as the Sac. Stand Down Assoc. Secretary attended the first Stand Down Board Meeting.
3/03 - The regular officers participated in the Young Marine Training Day.
3/3 - Secretary McNeill and E. D. McNeill attended the retirement dinner of BG Robert Cervantes.  The Young Marines and officer Winnett also attended to perform services for the General.
3/5 - Chapter Representatives Joe Cavanagh and Monty Montoya attended the monthly Roseville Veterans Memorial Hall Board Meeting.
3/6 - VVA500 held their regular Board Meeting.
3/10 - Color Guard Captain Davis and Color Guard members, Winnett, McNeill, and Bollinger performed Color Guard services for the CSC meeting held in Sacramento.  Bd. members Harper, and Quint also attended the meeting, with Harper attending the Legislative Workshop.

ATTORNEYS FOR CLAIMS, CONT.

     I totally agree with DAV that veterans should not have to pay an attorney to obtain benefits to which they are rightfully entitled, but as DAV admits, VA's claims system is broken, and if an attorney believes the veteran's claim has merit, and agrees to take the case, why shouldn't that attorney be compensated for his or her work?  Pursuant to the new law VA must promulgate regulations which insure what the attorney charges is "reasonable," and this will protect the veteran from being overcharged.  That is similar to current VA regulations which allow an attorney to receive no more than 20% of past due benefits.  (While attorneys may now charge as much as 30% of past due benefits, VA will not deduct the 30 percent; the attorney must collect that amount directly from the veteran.  VA will only deduct the 20% when that is the amount noted in the attorney-client contract.  So attorneys charging 30% must take their chances with the veteran, just as in civil cases.)
     Another point DA failed to address is that compensation paid for attorney representation is ONLY from past due benefits; the veteran would not have to pay one penny to an attorney from the monthly disability compensation checks he or she receives after the claim is granted.  And as you know, unless a disability improves a veteran receiving disability compensation will receive that compensation for the rest of his or her life.  In the case of a single veteran in his or her 20's, receiving 100% disability for life  (about $24,000 per year), that would amount to over $1.5 million just to age 80, with the attorney who obtained the grant receiving not one penny of that money!  And that figure does not take into account annual cost of living (COLA) increases, additional sums for dependents and educational benefits!  While receiving that amount would a veteran be upset with paying an attorney 20% of the past due benefits, i.e., the amount due the veteran from the date of his or her claim to the date of the grant, for obtaining those benefits?
     "DAV presented no evidence whatsoever for its conclusion of the "increased demands that will arise as a consequence of congressional action to allow lawyers into the claims process>"  But let me suggest why there will be no "increased demands" on the RO by allowing "lawyers into the claims process," and in the end, would actually be beneficial to veterans.  VSO's very rarely )actually, almost never) request a copy of a veteran's claims file, and fully review it, when they undertake representation.  Thus VSO's are generally ignorant of the evidence in the claims file.  At best, they are privy to only that evidence which is submitted after they undertake representation.  Attorneys understand that state bar ethics regulation require that in order to properly represent a client they must have full knowledge of a client's case.  Thus, attorneys in almost all cases obtain a complete copy of the claims file when they undertake representation.  Their arguments and their request are based on the totality of the evidence.
     Continued in the next column............................

ATTORNEYS FOR CLAIMS, CONT.

     Most of Board of Veterans' Appeals remands are based on a failure by the RO of the duty to assist (DTA), i.e.., failure to obtain records, provide exams, etc. Since VSOs are generally representing most veterans in the claims process before the RO, it is the VSOs who are failing to assure that the DTA is fulfilled.  Having attorneys representing veterans at the RO level will generally eliminate these remands because attorneys will remind the ROs that they have not fulfilled this duty, so that if and when the case gets to the Board there will be no DTA issues.  This will result in additional work for the ROs before the case gets to the Board, but will reduce the work or the ROs after the case gets to the Board because the case will not be remanded for DTA issues.
     This will also result in fewer Board remands.  It will not substantially increase the work of the ROs because if the Board must remand for DTA issues the ROs would be required to perform the actions relevant to the DTA either before or after a Board remand.  In essence, it's another example of the "pay me before or after the case gets to the Board.  But the real benefit is the time saved by not having the case remanded by the Board for DTA issues.  Therefore, I believe attorneys will actually reduce the overall time it takes for a claim to be properly adjudicated.  And as you probably know, remand delays are one of the things about which veterans constantly complain."
     "As a final thought I again believe DAV's own words undermine its position:  By having 260 VSOs across the country DAV essentially admits that a veteran needs outside help in bringing and developing claims because of the "broken" VA claims process.  By permanently employing these VSOs, DAV essentially admits it has little chance of "fixing" the "broken" VA claims process.  And finally, although veterans do not pay these VSOs, DAV does pay them; they are not working for free.  Thus again, DAV essentially admits non-VA personnel who provide services to veterans in the VA claims process must be paid for those services.  Chapter note:  Interesting issue!  We have not taken a position at this time on the legislation.  But something needs to be done to straighten out the VBA system who's motto appears to be "delay, deny, and hope that I die".  Veterans are waiting too long for claims to begin with , then they are rejected and another wait begins.  The fault does lie in many places.  Not enough personnel in the system, incomplete or incompetent work by VSOs, VBA Rating specialists who just say "no" even though the Doctor's diagnosis fits all of the requirements, or have no sympathy or empathy for the Veteran's plight? Maybe they are on a quota system.  Maybe the "fix" will enable the system to run efficiently and orally in the long run and the attorneys would be needed less and less.  But there is a problem with that also.  Shouldn't there be some criteria for the competency of those attorneys who will represent Veterans?  Will Veterans be taken in by unscrupulous attorneys, paying good money out when they can ill afford it, and the attorney ends up being incompetent?  Who is going to oversee who?

                     CURRENT LEGISLATION RE:  THE IRAQ WAR
     Agree or not, here is the House legislation that has been introduced to end the war in Iraq.  Congresswoman Matsui is a co-sponsor of each of these bills.  Update as per this writing, is that Congress is considering adding approximately $3 billion to the emergency appropriations bill for the VA and military healthcare system to make sure veterans young and old get the care they need.  The bills:  H.R. 87 (Thompson) The Iraq War De-escalation Act of 2007, commences redeployment of US troops no later than May 1, 2007 with all combat brigades out by March 31, 2008.  It also requires congressional approval for sending any additional troops to Iraq beyond the number in Iraq on January 10, 2007, thereby preventing President Bush's "surge".  Additionally, H.R. 787 recommends the President appoint a Special Envoy for Iraq to carry out diplomatic initiatives within 60 days, while also mandating that the President submit a plan to prevent the war in Iraq from becoming a wider regional conflict.
H.J.RES. 18 (Murtha) This bill terminates the deployment of U.S. forces in Iraq, calls for redeployment of US forces at the earliest practicable date and calls for the use of diplomacy for security and stability in Iraq.
H. Con. Res. 46 (Lee) Mandates no permanent military bases in Iraq.
H.R. 353 (Markey/Kennedy) Prohibits the U.S. government from obligating or expending funds to increase the number of U.S. military forces in Iraq above the number for such forces which existed as of January 9, 2007.
H. Res.41 (Meehan) States that an increase in number of members of the U.S. Forces deployed in Iraq is the wrong course of action and that a drastic shift in the political and diplomatic strategy of the U.S. is needed to help secure and stabilize Iraq.