Nominate Employers for ESGR Patriot Award

One way to encourage employers to do the right thing for deployed National Guard and Reserve members is to nominate them for an award.
You (or any NG/Reserve member) can nominate a boss for a "Patriot Award" through Employer Support for the Guard and Reserve (ESGR).

According to ESGR's handy Online Application Form:

Your employer will receive a Department of Defense Certificate of Appreciation and a Patriot lapel pin. All members of the National Guard and Reserve are eligible to nominate their employers.

Your boss may be eligible for higher recognition, but only if you take the time to explain. Please write a few sentences below to explain why your boss deserves this recognition.

It doesn't take more than a few minutes to fill out the form and reward a boss who does the right thing. This may encourage them and their peers (...not to mention their competitors...) to keep it up or even to do better. The next deployed servicemember may have you to thank!

Details: http://www.esgr.org/forms.asp?p=patriot

VA Files Scandal Expands

From Larry Johnson at VA Watchdog

A denied VA claim is just a click away. Altering files and changing dates all too common.
by Larry Scott

They have names like COVERS, VACOLS and MAP-D. They are just a few of the computer software programs used by the Veterans' Benefits Administration (VBA) of the Department of Veterans' Affairs (VA) to process a veteran's claim.

And, they are all subject to tampering.

Recent revelations of documents vital to veterans' claims showing up in shredder bins at VBA's Regional Offices (VAROs) and further revelations that thousands of pieces of unopened mail were found have captured the interest of veterans and their veterans' service organizations (VSOs). Full background here...
http://www.vawatchdog.org/VAshredderscandal.htm

But, nothing has been said about computer tampering as the VBA moves toward electronic processing of claims.

Now, we find that it's just as easy for a claim to be delayed or denied by the simple click of a computer mouse as it is to achieve the same result by dumping a document in a shredder bin.

The following information was developed from interviews with current and former VBA employees. Much of the information is highly-technical, so I've eliminated most of the "geek speak" and used examples that are, for the most part, easy to understand.

One of the easiest ways to tamper with VBA's computers is to simply change the date. This is accomplished at the employee's Windows-based computer at their desk. They simply open up the date/time menu and set back the date to whatever is desired. Then, they can make entries and generate documents on that "adjusted" date... documents that never existed on that "adjusted date."

"MAP-D .. this program contains all claims listed over at least the last 5 years, including all notations, and cannot be deleted -- even though information can be 'added or adjusted' by altering the date on the user's START menu in Windows... the server views the information as being updated on whatever day is set in the Windows Program Menu."

"[A VBA employee] can cover themselves by stating in notes that an issue was resolved, or that the Veteran Service Rep that was working the claim had called the veteran and told him to resend information because it was never received. With the truth being that the veteran was never called, and then it becomes the VA's word against the veteran, only that the VA now has a paper trail that they created after the fact."

Here's information about the COVERS program and an operation known as "rebuilding" the folder.

"This program shows the entire history of the veteran's claim file electronically. These files are barcoded, and tracked through scanners. If the file is ever lost or destroyed, it will be listed as a 'rebuilt folder' which is being seen more frequently, and then it becomes an issue of the VA's word against the veteran's as to what information was actually in the claim folder."

"This was at the XXXXX VARO. Veteran sent in a claim on the 3rd of the month for temporary 100% disability. On the 9th, the Triage dept acknowledged that the claim from the veteran and original documentation from the VAMC doctor was received and being sent to the Pre-Development Team. The claim was suddenly cancelled for no reason on the 14th of the same month, the veteran was never notified, and the veteran never wrote in anything to have his claim cancelled. This claim was started, and cancelled within just 11 days! The history of the claim showed that the folder was currently being 'rebuilt' due to the fact that the ENTIRE CLAIM FILE was 'lost' or 'destroyed.'"

If you think the above is bad, how about the same thing happening with claim appeals. Here's a look at the VACOLS program.

"This appeals program is used to track the progress of the appeal, including a full history of all of the veteran's appeals. Understand that it is quite easy to end an appeal by simply stating that a letter was sent to the veteran and required a response in 60 days. This letter will 90 - 95 % of the time, never be scanned or even acknowledged as being sent, yet the appeal will be decided after the letter was 'never returned' because it was actually never mailed to the veteran. This will close the appeal with the reasoning that the veteran failed to respond, and therefore, his claim was closed and denied. The veteran is never notified of this happening, and believes the entire time that the appeal is still being processed."

One of the ugliest uses of computer tampering is to put the blame back on the veteran when, in reality, the veteran has done everything by the book.

"If a veteran calls the VA and it is reported that the veteran has sent in a XXXXX form for the 8th time, all by certified mail, yet still the VA has not acknowledged the claim being received for the past four months, and these calls have been documented in notes through the MAP-D program, and now the veteran states that he is involving his Congressman since he feels his claim is being thrown in the trash as soon as it is received -- the VA supervisor that notices the inquiry sent in by the Call Center employee about a review of the veteran's file to see if the form was overlooked, and the supervisor is well aware that those claims are being shredded before they are inputted in the system as being received, decides that they need to cover themselves before the Congressional Inquiry is made to come in and review the physical file. This is done by changing the date in the Windows Menu, going into the MAP-D program and simply making a note from a date six weeks prior, showing that the veteran's claim was received, however it was returned to him because it was not signed, or properly filled out, or was only half-way filled out. This changes the issue... and now the doubt is placed on the veteran, and a review would support the VA as following procedure and the veteran as not doing what they were supposed to."

After reading the above, the question that needs to be asked is: Can a "date adjusted" computer file be used to generate a hard copy document that ends up in a veteran's file... a real piece of paper?

"The answer is yes. The system bases it's date info off of the windows program. So if that is changed, then the date in MAP-D follows, from where the letter is written."

I could go on for many more pages with examples like these.

Besides the veteran, other losers in this data manipulation game are veterans' service officers (SOs) who help veterans file claims and attorneys who practice veterans' law. I can't tell you how many times veterans have written me claiming that their SO or attorney never sent in a form or screwed-up their claim in some way. Now, there's another explanation.

How much of this type of cyber-crime is going on at VBA? It's impossible to tell because there's virtually no way to track it. I've been told it's commonplace because "a closed file is a good file," and makes everyone from the bottom up at the VARO appear to be more efficient.

As the VA tries to run and hide from the shredder scandal, the Office of Inspector General (VAOIG) continues to investigate documents in shredder bins, unopened mail and other mishandled documents.

Now, it's time for VAOIG to put their cyber-crime experts to work.

Original Article http://www.vawatchdog.org/VAshredderscandal.htm

If this doesn't make your head explode, you might need an attitude adjustment.

National Guard and Reservists Debt Relief Act of 2008

The National Guard and Reservists Debt Relief Act of 2008 (S. 3197) exempts, for a limited period, from the application of the means-test presumption of abuse under chapter 7, qualifying members of reserve components of the Armed Forces and members of the National Guard who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 90 days. Basically, it (temporarily) exempts qualifying persons from the means test in determining eligibility for Chapter 7 relief under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Co-sponsors: Sens. Patrick J. Leahy (D-Vt.), Richard
J. Durbin (D-Ill.), and Orrin Hatch (R-Utah); Signed it into law: October 20, 2008.

Veterans Advocacy Pro Bono Grants: Dec 15 Deadline

2009 ABA Enterprise Fund Veterans Advocacy Pro Bono Project

The National Coalition for Homeless Veterans passed on this alert:

"The ABA Commission on Law and Aging, together with the Section on Administrative Law and Regulatory Practice, the Commission on Homelessness and Poverty, the Standing Committee on Bar Activities and Services, Division of Bar Services, the Senior Lawyers Division, and the Standing Committee on Pro Bono and Public Service's Center on Pro Bono, are pleased to announce the 2009 ABA Enterprise Fund Veterans Advocacy Pro Bono Project. The project is awarding up to four grants of $5000 each to states with emeritus attorney pro bono practice rules to establish pilot programs to provide veterans with pro bono legal assistance through a state emeritus attorney pro bono program.

The deadline for submitting applications is December 15. To read the full grant announcement and request for proposal, click here. If you have questions, email EFVeteransProject@staff.abanet.org and someone will reply to you shortly."

More about the program from the grant announcement:

"This 2-year project consists of establishing pilot programs in up to four states with emeritus attorney pro bono practice rules. (For a list of states with rules and contact information, go to: http://www.abanet.org/legalservices/probono/emeritus.html.) The pilot programs will assist veterans in getting pro bono legal assistance during the benefits application and claims process, or during the appeals process, through an emeritus attorney pro bono program. If a veteran is ineligible for pro bono services from the emeritus attorney pro bono program, or if an emeritus pro bono attorney is not available, the pilot program will assist the veteran with obtaining a referral to a non-emeritus pro bono attorney through the ABA Administrative Law Section Veterans Affairs Pro Bono Committee.

The project will also provide one substantive law training program that meets the VA
CLE accreditation requirements, using either a video or web-based format that will be available for replay, or make CLE materials available to the pilot projects. Information on the attorney accreditation process and the CLE requirements are available at: http://www.va.gov/ogc/accred_faqs.asp.

The project will also provide technical assistance in the preparation of outreach and
recruitment materials and the development of a state emeritus attorney pro bono program..."

Thanks NCHV !

Sexual trauma afflicts 15 percent of U.S. veterans: study

Maggie Fox of Reuters writes:

"Nearly 15 percent of Iraq and Afghanistan veterans seeking medical care from the U.S. Veterans Affairs Department have suffered sexual trauma, from harassment to rape, researchers reported on Tuesday.

And these veterans were 1.5 times as likely as other veterans to need mental health services, the report from the VA found.

"We are, in fact, detecting men and women who seem to have a significant need for mental health services," said Rachel Kimerling of the National Center for Posttraumatic Stress Disorder at the VA Palo Alto Health Care System in California.

The study, presented at a meeting of the American Public Health Association in San Diego, raises many questions.

Kimerling said in a telephone interview the term "military sexual trauma" covers a range of events from coerced sex to outright rape or threatening and unwelcome sexual advances....."

MORE AT Sexual trauma afflicts 15 percent of U.S. veterans: study

I'll try to get a link to the actual study and some related materials.

Omnibus Veterans' Benefits Bill Now Law ...

... improves veterans’ housing, disability, and employment benefits, according to this Press release from the U.S. Senate Committee on Veterans' Affairs

"October 10, 2008 - WASHINGTON, D.C. - U.S. Senator Daniel K. Akaka (D-HI), Chairman of the Veterans' Affairs Committee, issued the following statement today regarding enactment of S. 3023, the Veterans' Benefits Improvement Act of 2008.

"Veterans have earned these benefits and more through their honorable service to our country and I am proud that this legislation to improve veterans' housing, disability claims processing, judicial review and employment rights is now law," said Akaka.

S. 3023 is an omnibus veterans' benefits bill that includes a wide range of provisions, including claims processing improvements, compensation enhancements, employment and education assistance, and housing benefits for veterans. These provisions include:

Claims Assistance: Simplification of letters to veterans claiming disabilities, so as to provide meaningful notice of the information and evidence needed to substantiate a claim.

Veterans Housing: Enhancement of home loan refinancing options, an extended increase in the maximum loan guaranty amount, and an extension of the expiring authority for VA to guarantee adjustable-rate mortgages.

Improving Access to the Court System: Expansion in the number of judges on the United States Court of Appeals for Veterans Claims to decide the increased number of cases filed and removal of the ban on judicial review of actions concerning VA's rating schedule.

Employment Rights: Updating of veterans' right to return to work, federal agency assistance in that effort, and more timely Department of Labor investigations of potential violations of veterans' employment rights.

S. 3023, introduced by Chairman Akaka, was reported by the Senate Committee in June, 2008, then passed by the full Senate unanimously on September 15. It was amended in the House and passed by that body on September 24, then passed by the Senate again. President Bush signed the bill into law on October 10, 2008."

---

More information:

• VA Announcement at http://www.homeloans.va.gov/new.htm
• S.3023 on GovTrac
• S.3023 on Thomas
• Enhanced VA Mortgage Options Available article on military.com

Recent Changes to SCRA

There are a number of changes to the Servicemembers Civil Relief Act (SCRA) due to the passage of the Housing and Economic Recovery Act, Public Law 110-289

Note: These changes are set to expire on 1/1/2011 if not made permanent of otherwise extended by Congressional action.

Protection from Foreclosure

Servicemembers are protected from Sale/Foreclosure of a home until nine months
after return from overseas deployment (changed from 90 days of protection)

Stay of Proceedings Extended

Servicemembersw are granted an extended Stay of Proceedings in civil actions related to mortgages from 90 days to nine months after return from overseas deployment

Interest Rate Reduction Extends One Year for Mortgages

With respect to mortgages only, the 6 percent interest rate limitation for soldiers on deployment is extended to aply for up to 1 year after return from overseas deployment

For powerpoint slides on these point, see http://aacf.wordpress.com/training/recent-changes-to-scra/