BACK TO TOP

BACK TO VVA500

VETERAN BENEFITS AND ISSUES

     APPEALS COURTS VS. SUPREME COURT

     While Appeals Courts seem to generally rule in favor of Veterans on many issues, the Supreme Court appears to have their own agenda.  Generally speaking, some years back the burden of proof for benefits was totally upon the Veterans.  Then a change was made that the VA was to assist the Veteran in establishing that proof, and that the Veteran is supposed to be given the benefit of the doubt.  Here are a few interesting court cases.
     ►VA CLAIM DENIAL - The Supreme Court has made it harder for veterans to challenge the denial of medical claims by the Veterans Affairs Department.  The high court, in a 6-3 decision on April 21, said veterans who contend the VA failed to tell them what information was needed to justify their claims must prove that the VA's mistakes made a difference in the outcome of their cases.  A federal appeals court in Washington earlier ruled that the burden was on the VA to prove the errors were not harmful to the veterans.  The case involved two veterans who said their injuries were related to their military service.  Woodrow Sanders, a World War II Army veteran, said a bazooka explosion in 1944 damaged the vision in his right eye.  Decades later, he went to a VA hospital seeking cost-free treatment.  A VA board denied his claim, saying it could not be proven now that the injury was service related.  Patricia Simmons said she suffered hearing loss when she was on active duty from 1978 to 1980.
►Veterans definitely need to pay attention to this next case, due to the fact that many veterans do not receive their treatment from VA doctors, but from their private physicians, but still file claims for service connected injuries or illness.
     We don't know if this case will be brought before the Supreme Court or not.
     Nieves-Rodriguez v. Peake could prove to be an excellent tool in forcing VA to back away from the blanket acceptance of VA medical opinions even when private medical opinions submitted by a claimant are more substantive and better reasoned.  Service Officers are encouraged to review each rating based on a VA medical opinion with this decision in mind.  Service Officers should not hesitate to appeal VA decisions in cases where the veteran has submitted a private medical opinion and the VA has not performed the analysis required by this decision.  In Nieves-Rodriguez v. Peake, December 1, 2008, No. 06-0312 US Court of Appeals for Veterans Claims held that:
     ►The probative value of a medical opinion primarily comes from the physician's reasoning.  A claims file review cannot compensate for lack of a reasoned analysis required in a medical opinion.  Factually accurate, fully articulated, and sound reasoning for the medical conclusion, not the mere fact that the claims file was reviewed, contributes probative value to a medical opinion.
     Continued in the next column...........................................

COURT DECISIONS, ETC.

     ►That a private medical opinion may not be discounted solely because the physician did not review the claims file.  Likewise, a VA medical opinion may not be preferred over a private medical opinion solely because the VA examiner reviewed the claims file.  It is what the examiner learns from the claims file in forming the expert opinion that matters, not just reading the file.
     ►That VA does not have a general duty to inform every claimant that seeks or provides a private medical opinion of the availability of the VA claims file.  The Court noted that particular medical information contained in a claims file may be significant to the process of formulating a medically valid and well-reasoned opinion and directed that a veteran should take care to personally provide those medical facts of which a physician should be aware in formulating a medical opinion.
     Chapter note:  Bottom line it appears is that the  VA claims examiner needs to consider not only a VA doctor's opinion, but also a private physicians opinion depending pretty much how sound the medical reasoning is for the medical conclusion or diagnosis.

REQUEST FROM THE VA

     Mather VA Hospital and we're sure other VA hospitals have the same problem, as to attempting to serve as many Veterans as possible in an efficient manner.  A problem exists with patients making appointments, then being unable to make the appointment, but not calling and canceling the appointment.  If you call and cancel your appointment in advance, the hospital then can offer the appointment slot to another veteran in need of care.  Things do come up last minute which sometimes cannot be helped, and the hospital should be called, but try to be especially helpful when you know in advance that you will not be able to make a previously scheduled appointment.   Give another Vet a chance to get in sooner.
     Also, keep your name, address and telephone number current to receive your appointment reminder call and post card.  That can eliminate that, "I forgot all about it excuse".
      The number to call for canceling your appointment is through VETSConnect 1-800-382-8387.  Use the same number to make appointments.

CHANGE IN CA DEPARTMENT OF VETERANS AFFAIRS

     The news was recently released that Secretary Tom Johnson would be leaving his position at the CDVA.  No news as of yet as to whom his replacement will be.  At this time Undersecretary, MG Roger Brautigan will be holding the reigns until official word from the Governor appoints a new Secretary.
     Secretary Johnson is a Vietnam Era Veteran with more than 34 years in health care management experience.  He was appointed by Governor Schwarzenegger to the position of Secretary of Veterans Affairs in 2004.

BACK TO TOP

BACK TO VVA500

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.

43rd & Folsom Blvd., P.O. Box 19334, Sacramento, CA 95819
East Lawn Insurance Services, Inc. License #0747585
www.eastlawn.com

        HELP YOUR BUSINESS AND SUPPORT THE VVA
     Advertise in the Capitol Veteran.  Reasonable Rates!!!
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.

BACK TO TOP

BACK TO VVA500

MEMORIAL DAY/WEEKEND EVENTS

►Friday, May 22, Host: Veterans Affiliated Council
What:  Flag Adornment of Veteran Graves
Where:  Sacramento Historic City Cemetery
Time:  5PM
►Saturday, May 23, Host:  Veterans Affiliated Council
What:  Ceremony to "Honor our Fallen"
Where:  Sacramento Historic City Ceremony
Time:  10AM
►Sunday/Monday, May 24, 25
What:  "A Grateful Nation Remembers"
Where:  Calvary Christian Center Auditorium
                2620 Colusa Highway, Yuba City
Time:  May 24, 10AM and 2PM      May 25, Noon
For Information:  530-673-6035
►Sunday, May 24
What:  Annual VVA500 "Reading of the Names"
Where:  CA Vietnam Veterans Memorial - Capital Park-15th & L
Time:  7AM - Reading begins.  Ceremony at Noon
For Information and to Read:  916-481-6020
                         SEE ENCLOSED FLYER!
     The balance of the events are in no particular order, but all
                   take place on May 25th, Memorial Day.
►What:  East Lawn Sierra Hills Memorial Ceremony
Where:  5757 Greenback Lane at I-80
Time:  11AM
For Information:  916-732-2020
►What:  East Lawn Elk Grove Memorial Park Ceremony
Where:  9189 E. Stockton Blvd. - Elk Grove
Time:  11AM
For Information:  916-732-2031
►What:  3rd Annual Memorial Day Celebration
Where:  Veterans Memorial Plaza at Mather VA Hospital
Time:  10AM
For Information:  916-638-8720
►What:  El Dorado County Veterans Memorial Day Celebration
Where:  El Dorado County Veterans Monument
                360 Fair Lane - Placerville
For Information:  530-626-7762
►What:  American Legion #77 Memorial Day Ceremony
Where:  Woodland Cemetery - 800 West St. - Woodland
Time:  11AM-1PM
For Information:  530-662-9772
►What:  North Highlands 43rd Annual Memorial Day Parade
Where:  Watt Ave. at "I" Street
Time:  Formation at 8AM - Parade starts at 10AM
For Information:  916-267-3812
►What:  US Flag Removal from the Veteran Graves
Where:  Sacramento Historic City Cemetery
Time:  4PM
►What:  Mexican-American Memorial Day Ceremony
Where:  10th Street between "L" and "N".
Time:  Usually 1PM, but we have no details yet.

                  

MEMORIAL DAY EVENTS, CONTINUED

 MISSING IN AMERICA PROJECT
"It's the right thing to do"

     You served your country through a war, or through peacetime.  You expected to receive a military burial, recognition by our government by our government of your commitment to our great country.  You expected to have honor and respect paid to you as a result of your service to our great country.  Instead, you reside on a shelf in a mortuary or a storage facility at a crematorium.
     The mission of the MIAP is to locate, identify and inter the unclaimed cremains of veterans through the joint efforts of private, state and federal organizations.  These forgotten veterans have served our country and, as such deserve to be buried with honor and respect.  The impetus for our fine program  began in November 2006.  The Idaho State Veterans cemetery interred 21 cremains of forgotten veterans, with full military honors and the dignity these fallen heroes so richly deserved.  Recently, a state hospital announced that 3500 cremains were on shelves to be identified.  On the shelf were cremains for the time span of the 1890's to 1971.  It is estimated 1,000 of these cremains are veterans.  This is happening in every state.
     This project has just begun.  We need to blanket every mortuary and cemetery in the United States and let them know there are people who desire to claim our veterans.  We need to let them know it is our desire to see they are interred with the honor and respect they deserve.  They served our great nation.  It is now our great nation's turn to serve them.
     The veterans languishing on shelves need us.  They need America to step forward and ensure they are buried with honor.  They need America to show their thanks for their service.  Without them, we would not have the freedoms we enjoy today.
                                                                         From the MIA Project
Chapter Notes:  So what's happening with the MIA Project currently?  HONORS AT ARLINGTON.  The MIA Project members and volunteers, with the assistance of the Buffalo Soldiers MC (International) and the Old Guard Riders, has the honor or escorting three American heroes to Arlington National Cemetery to fulfill the nation's obligation to show proper respect for these veterans.  The heroes are:
►JOHNNIE FRANKLIN CALLAHAN whose dream was to be buried at Arlington National Cemetery.  Johnnie served in the Navy, during WWII, on the USS Aulick.  While at sea a Japanese bomber dropped a live bomb onto the deck of his ship.  Johnnie picked it up and threw it out to sea, thus saving countless lives.  For his heroism Johnnie received the nation's third highest award for combat valor, the Silver Star.  Johnnie died on June 22, 1995.  His family has kept his ashes with the hope his dream would be fulfilled.
►JAMES WILLIAM DUNN served for 21 years in the US Army as a combat medic.  While serving in the Republic of Vietnam, Mr. Dunn's base came under heavy enemy attack.  James, without regard too his own safety, retrieved a number of wounded soldiers, administered lifesaving techniques and carried them to safety thereby saving many lives.  For his heroism James received the Silver Star for valor in combat.  James died May 19, 2008.  His family requested that MIAP have his cremains buried in Arlington National Cemetery.       Cont. in the next column.....

MIAP, Continued

►ISAIAH MAYS, Buffalo soldier, served during the Indian Wars.  In May of 1889 Isaiah was escorting the Army Paymaster when they were set upon by robbers.  Isaiah was shot in both legs, but he crawled for two miles to obtain help for the wounded.  For his heroism he received the nation's highest award, the Medal of Honor.  When he died in 1925 he was buried in a pauper's grave.  One hundred and 10 (110) years later he finally received a Medal of Honor headstone.  The MIAP and the Old Guard Riders obtained permission to disinter Isaiah and escort him to Arlington National Cemetery.
     On May 20, 2009 the MIAP Project Riders will leave Redding, CA on their way to the first overnight stop in Sacramento on their way to Arlington National Cemetery.  They will arrive at Arco Arena at 5PM on the 20th, and will leave onward to the next leg of the trip the next morning, May 21.  We urge all to come out and welcome the riders who are escorting the three heroes to their final resting place in Arlington Cemetery which will take place May 29. 
     Later in the summer, Chapter 500 will become involved with the MIAP and attempt to help search out those veterans who are languishing on shelves, funeral homes and coroners facilities. 
    The process of identifying the remains as veterans can be daunting, but can be accomplished.  Here are some statistics on what has been done so far by the MIAP members.
►648 Funeral homes visited by volunteers.
►6,642 Cremains found (3,500 in one institution)
►571 Veterans cremains identified
►387 Veterans interred
     So, let's all try to be at Arco Arena at 5PM on May 20th to welcome the escorts who are taking the three heroes on their final journey to be buried with the honors they deserve.

MOVING WALL COMING TO LAKE COUNTY

     VVA Chapter 951, located in Lakeport, CA is a relatively new chapter in California beginning their 5th year of chartering in January of this year.  But their activities, projects and dedication to Veterans and Veteran issues far surpass  many other chapters.  Now, they are really taking on a large project for the first time, bringing the "Moving Wall " to Lake County.
     The Moving Wall was built in 1983-84 by the Vietnam Combat Veterans, Ltd.  John Devitt, Gerry Haver, and Norris Shears developed the concept and actual construction of "The Moving Wall".  Their goal was to share the feelings and experience that they perceived at the dedication ceremony of the Vietnam Veterans Memorial in Washington, D.C., and give the many veterans and the general pubic who do not have the opportunity to visit the Memorial in Washington, D.C. to experience the same feelings.
     The "Moving Wall" will be at the Lake County Fairgrounds June 11-15.  The Fairgrounds is located at 801 Martin St., Lakeport, CA near Hwy 29.  The Opening Ceremony is June 11 at 9:30.  If you would like to visit the Wall, it looks like it would take and estimated 2-3 hours to reach the Fairgrounds from our area.

                                    CHAPTER INFORMATION
OFFICERS:  President:  Karen Anne Winnett
Vice President:  Ted Adams
Secretary:  Gregory McNeill
Treasurer:  Jerry Quint
BOARD MEMBERS:Don Harper, Alan Hayashi, 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! 
MAY  BIRTHDAYS           
     ♫♫♫Francis Staley - Marines♫♫♫Rodolfo Rodriguez - Marines♫♫♫David Perrin - Navy♫♫♫Martin Snezek - Air Force♫♫♫♫♫♫Carl Guimbellot - Air Force♫♫♫Frank Soto - Army♫♫♫Michael Simmons - Army♫♫♫Robert Lowe - Marines♫♫♫and two we missed , one in March♫♫♫Joe Cavanagh - Marines♫♫♫one in April♫♫♫William Calhoun - Marines♫♫♫

     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.  We are going over all of the files to make sure we enter everyone that we have a DD214 on.

WELCOME HOME NEW MEMBERS!
Welcome to our new VFW Post #85 members:  Carlton F.  Reinaldo, Clarence R. Pruitt, Gary A. Fox, James B. Bryant, William C. Kemp,

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

BACK TO TOP

BACK TO VVA500