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VETERAN BENEFITS

ONE TIME STIMULUS PAYMENT

     Veterans in receipt of service-connected compensation or non service-connected pension, as well as survivors in receipt of Dependency and Indemnity Compensation (DIC), will receive a one-time stimulus payment of $250.  The legislation orders the Secretary of the Treasury to disburse a $250. payment to each individual who fulfills the conditions set aside, for any month during the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act.  Therefore, veterans in receipt of compensation and pension benefits during any of the months of NOV or DEC 08, and/or JAN 09 are eligible for this payment.  The criteria for payment eligibility applies to those in receipt of a veterans benefit compensation or pension payable under sections under Title 389, United States Code.
     The legislation also provides this benefit to citizens in receipt of certain Social Security benefits as well as those receiving benefits under the Railroad Retirement Benefit.  Citizens are not entitled to receiving this benefit from multiple sources.  If a veteran is also in receipt of one of these other benefits, the $250. payment will only be issued once.  Plans call for an automatic matching system to be coordinated between the Veterans Benefits Administration and the Treasury Department to administer the funds.  The specific regulation regarding this disbursement, yet to be written, will cover the details of the timeline by which veterans can expect to receive this payment, as well as recourse for veterans who believe they deserve this payment but have not been issued it.

COMPENSATION AND DIVORCE

     Can the courts award ex-wives veteran compensation funds?  This issue has been in conflict between Title 38 and civil court judges for quite some time.  But, state by state, possibly the issue will finally be resolved.  Here is an update re:  a bill passed by the Iowa General Assembly.
     From the RAO Bulletin:  On February 12, the Iowa General Assembly unanimously approved House Bill 170 that will enhance Federal statutes designed to protect veterans' disability compensation from attachment in divorce settlements.  The bill was modeled on legislation created by the West Virginia legislature early last year to combat the very same problem.  Veterans' service-connected disability compensation is intended to financially compensate a military veteran disabled in the line of duty.  This compensation is not an asset, or property, and should not be used to calculate a veteran's net worth.  Disability compensation is awarded to a veteran that has lost some/all physical or mental ability to work, or maintain a daily routine.  Veteran's disability compensation is tax exempt and not classified as "income" by the IRS.  VA disability compensation is non-transferable and cannot be awarded to a third party under any legal process whatsoever.  Even after the veterans has deposited these funds into their personal bank account they are federally protected from attachment or seizure.   Cont. in the next column►►►

COMPENSATION AND DIVORCE, CONT.

Disability compensation belongs solely to the disabled veteran that has suffered the disability.
     USC, Title 38, Section 5301 reads in part; Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.  Although United States Code, Title 38, Section 5301 is very clear in its wording and intent, many civil court judges routinely circumvent the wording and intent of this Federal statute by factoring in veteran's disability compensation for spousal support, alimony and child support awards.  The  Iowa effort was spearheaded by U.S. Army veterans Jerry Bohr of Ossian, Iowa.  Bohr is Operation Firing for Effect (OFFE) Director of Operations for the state of Iowa.  He is also employed as a service officer for the Iowa State Department of Veterans Affairs.  In addition, Jerry Bohr is a member of the 5301 Club,  grassroots group devoted to the protection of disability benefits from third party awards in civil courts.  OFFE is currently monitoring 38 individual divorce cases nationwide in which veterans' disability compensation has been misused as a divisible asset in a divorce settlement. 
     Chapter Note:  We are researching for a local contact at this time that can be reached if any veterans in our area need help with this issue.

COURT TURNS DOWN AGENT ORANGE CASES

     Washington (AP 2009) - The Supreme Court has turned down American and Vietnamese victims of Agent Orange who wanted to pursue lawsuits against companies that made the toxic chemical defoliant used in the Vietnam War.  The justices offer no comment on their recent action, rejecting appeal in three separate cases, in favor of Dow Chemical, Monsanto and other companies that made Agent Orange and other herbicides used by the military in Vietnam.
     Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans.  The American plaintiffs blame their cancer on exposure to Agent Orange during the military service in Vietnam.  The Vietnamese said the U.S.' sustained program to prevent the enemy from using vegetation for cover and sustenance caused miscarriages, birth defects, breast cancer, ovarian tumors, long cancer, Hodgkin's disease and prostate tumors.
     All three cases had been dismissed by the 2nd U.S. Circuit Court of Appeals in New York.  The appeals court said that lawsuit brought by the Vietnamese plaintiffs could not go forward because Agent Orange was used to protect U.S. troops against ambush and not as a weapon of war against human populations.
     Continued on Page Eight►►►

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PLEASE SUPPORT OUR SPONSORS

"A Continuing Tradition"

   Rebecca Lee                  916-501-8788
  Call Rebecca for the Special Discounts available for Veterans
Many East Lawn locations in the Sacramento area
Pre-Arrangement Plans are also available.

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        HELP YOUR BUSINESS AND SUPPORT THE VVA
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SERVICES FOR GEORGE BOUCHARD
Details as follows:

Date: Friday, March 20.
Time:  1:00PM - Try to arrive at least 30 minutes before.
Where:  Sacramento Valley National Cemetery - Dixon
How to get there:  From I-80 go toward San Francisco, take the Midway exit, bear to the left to Midway, keep going maybe a mile and you will see the Cemetery entrance on the right.  Park in the parking lot in front of the office.  Cars will be assembled into a procession to the gazebo where a 30 minute service will take place.
     If you need to check Google or Mapquest from your house, the exact address is 5810 Midway - Dixon, California.
     Monty Montoya will be our chaplain for the service.  Anyone who would like to say a few words about George is invited to do so.

WHAT HAPPENED TO THE RESOLUTION?

     As you may remember a resolution to make "Welcome Home Vietnam Veterans Day" on March 30 every year was unanimously approved by Congress last year.  But, sadly to say, President Bush never signed the resolution to make it official.  So now if there is to be a national resolution, the process will have to be started all over again.  But, many organizations are attempting to introduce bills to make the day official in their respective states. There is a bill (AB 264) introduced in the CA legislature this year by Assemblyman Paul Cook to make the day official.  We'll let you know when letters and calls are needed to urge our legislators to support the bill.
     There will be "Welcome Home Vietnam Veterans' Days" celebrated in many areas and of course our own on March 28.  See the flyer for details.

OPEN LETTER TO VETERANS
FROM SECRETARY OF VETERANS AFFAIRS
ERIC K. SHINSEKI - March 13, 2009

     Washington - "My name is Ric Shinseki, and I am a Veteran.  For me, serving as Secretary of Veterans Affairs is a noble calling.  It provides me the opportunity to give back to those who served with and for me during my 38 years in uniform and those on whose shoulders we all stood as we grew up in the profession of arms.
     The Department of Veterans Affairs has a solemn responsibility to all of you, today and in the future, as more Veterans join our ranks and enroll to secure the benefits and services they have earned.  I am fully committed to fulfilling President Obama's vision for transforming our department so that it will be well-positioned to perform this duty even better during the 21st Century.  We welcome the assistance and advice of our Veterans Service Organizations, other government departments and agencies, Congress, and all VA stakeholders as we move forward, ethically and transparently, so that Veterans and citizens can understand our efforts.  Cont. next column►►►

TOWN HALL MEETING

     Got questions for the VA and how Congressman McClintock will vote on veterans issues??  Get on up to the Town Hall meeting on Saturday, March 21st at 10AM, held at the Roseville Veterans Memorial Hall.  American Legion Post #169 will be hosting the meeting.  McClintock, his military advisor, Lt.Col. Bopp will be there as well as representatives from the VA.
     Personal issues may be addressed individually after the meeting.  Coffee and cookies will be served.

                                   SHINSEKI LETTER, CONT.
     Creating that vision for transforming the VA into a 21st Century organization requires a comprehensive review of our department.  We approach that review understanding that Veterans are central to everything VA does.  We know that results count, that the department will be measured by what we do, not what we promise, and that our best days as an organization supporting Veterans are ahead of us.  We will fulfill President Lincoln's charge to care for"...him, who shall have borne the battle, and for his widow, and his orphan..." by redesigning and reengineering ourselves for the future.
     "Transforming any institution is supremely challenging; I know this from my own experience in leading large, proud, complex, and high-performing organizations through change.  But the best organizations must be prepared to meet the challenging times, evolving technology and, most importantly, evolving needs of clients.  Historically, organizations that are unwilling or unable to change soon find themselves irrelevant.  You and your needs are not irrelevant.   Continued on Page 7 ►►►

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SUN

MON

TUES

WED

THURS

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  SUPREME COURT TURN DOWN
OF AGENT ORANGE CASES, CONT.

     The other two suits were filed by U.S. veterans who got sick too late to claim a piece of the $180 million settlement with makers of the chemical in 1984.  In 2006, the Supreme Court deadlocked 4-4 on whether those lawsuits could proceed.
     The appeals court ultimately said no to both.  In one case, the court said companies are shielded from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products. In the third suit, the appeals court ruled that the companies could transfer claims from state to federal courts.
     Chapter note:  Interesting side note.  Justice John Paul Stevens did not participate in the refusal to hear the three cases.  Stevens son served in Vietnam, died more than a dozen years ago at the age of 47 of cancer.

VIETNAM BLAST US COURT DENIAL OF
AGENT ORANGE APPEAL

     Hanoi, (Reuters) - Vietnam said a U.S. Supreme Court decision not to hear appeals by Agent Orange victims was unfortunate for the development of bilateral ties, and said the court was denying the effects of the chemicals.
     (Note:  The United States has maintained there is no scientifically proven link between the wartime spraying and the claims of dioxin poisoning by more than 3 million people in Vietnam.)
     Foreign Ministry spokesman Le Dung also called on the chemical manufacturers being sued to uphold their "legal, spiritual and moral responsibility, joining efforts to resolve the consequences" of the chemicals, Vietnam News reported . "With this decision the U.S. Supreme Court has denied the serious effects of Agent Orange and dioxin sprayed by the U. S. Army during the war in Vietnam on the environment and health of the Vietnamese people, " Le Dung was quoted as saying.  "It is unfortunate that the U.S. Supreme Court has put forth this groundless decision at a time when the Vietnam-US relationship is developing positively and the U. S. government has effectively cooperated with Vietnam to overcome the consequences of the use of Agent Orange and Dioxin in Vietnam".
     Chapter note: The US government acknowledged dioxin from Agent Orange severely contaminated several hotspots where the defoliant was used heavily, and appropriated $3 million in aid for clean-up and remediation projects.

MEMBERS IN THE NEWS

     At the February Meeting of the Marine Corps League, Detachment #940 VVA Vice-President Gregory McNeill was elected as the Commandant of the Detachment.  Installation will take place at the March League Meeting on March 16. 
                                  Congratulations Gregory!

VVA500 ELECTION TIME

     At the General Meeting, April 21, the chapter will hold our annual election for officers, board members, state delegates and AVVA representative.  The nominations received and accepted thus far are as follows:
     President:  Karen Winnett
     Vice-President:  Ted Adams, Gregory McNeill
     Secretary:  Ted Adams
     Treasurer:  Jerry Quint
     Board Members:  Ted Adams, Alan Hayashi, Don Harper,
                                      Dale Kehoe,  Monty Montoya
     State Delegate:  No Nominations yet.
     Alternate State Delegate:  Jerry Quint
     Nominating Committee:  No Nominations yet.
     AVVA Representative:  Eddie Getz

     Any additional nominations can be accepted from the floor.  Voting is done by secret ballot and counted by the Nominating Committee.  New officers take their positions at the May General Meeting.  The terms are one year from May 1, 2009 through April 30, 2010.

     The Board consists of all officers and three Board Members.
Board Meetings are held the first Tuesday of each month.
     The State Delegate and Alternate Delegate are required unless with an accepted excuse to attend quarterly California State Council Meetings held in Fresno.  Expenses for these meetings are paid for by the chapter.

RESOURCE GUIDE FOR VETERANS, ACTIVE DUTY, AND SOON TO BE DISCHARGED  VETERANS

     The American Veterans & Servicemembers Survival Guide is available at no cost for downloading at: http://www.veteransforamerica.org/download-the-survival-guide-for-american-veterans-and-servicemembers/.   This 599 page 28 chapter guide, while not a substitute for a Service Officer or other or even a lawyer if necessary, the guide will help readers understand how various agencies work, not just in theory but in practice and how they can cut through the bureaucracy and confusion and get the benefits and services to which they are entitled.  The chapters such as Disability Compensation, Pensions, Medical Care, Discharge Upgrading, Re-employment Rights, Benefits for Family Members, Special Problems of Women Servicemembers and Veterans are only a few, and they can be downloaded separately.  While it focuses on programs run by the VA, it also deals with programs administered by other federal agencies.
     While we may not like the system, it is what it is, and we have to work within it's boundaries while working for change and improvement.  Reading about it and undertanding it a little may help the pathway to benefits and services a little less frustrating and stressful.  

                                    CHAPTER INFORMATION
OFFICERS:  President:  Karen Anne Winnett
Vice President:  Gregory McNeill
Secretary:  Ted Adams
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.  Meeting room is downstairs.  When you leave, the street is one way, so you will go to the right.  You will 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! 
MARCH  BIRTHDAYS           
     ♫♫♫Stanley Sheets-AVVA♫♫♫Robert Segovia - Army♫♫♫Carl Burke - Army♫♫♫John Williams - Army♫♫♫♫♫♫John Moreno - Army♫♫♫Don Cameron - Air Force♫♫♫

     If your birthday is this month and not listed, we may not have your DD214 on file, or maybe just inadvertently missed it.  Let us know and we'll check it out.

WELCOME HOME NEW MEMBERS!
J. Garman - Navy, John Davis, Mel Carr - Army, Charles Menz,  James Leiser - Air Force, M.S. Majesty, Kenneth Lake - Army, Mark Brown- Army

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

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