The American Legion Department of Colorado Blog

The leader of The American Legion praised today’s unanimous decision of the Supreme Court which ruled that the 120-day requirement to file an appeal with the Court of Appeals for Veterans Claims is not concrete – that an individual may take longer if circumstances warrant.

The court’s ruling will certainly make a difference in the outcomes of many veterans’ appeals,” said Jimmie L. Foster, national commander of the nation’s largest veterans organization which had filed an amicus brief in the case Henderson v. Shinseki.

Mr. Henderson served on active military duty from 1950 to 1952. He was discharged in 1952 after being diagnosed with paranoid schizophrenia, for which he has established service connection and currently has a 100 percent disability rating. In August of 2001, he filed a claim for monthly compensation with the Department of Veterans Affairs (“VA”) Regional Office (“RO”), based on his need for in-home care. The RO denied the claim, and he appealed to the Board. The appeal was denied on August 30, 2004. On January 12, 2005, Henderson filed a notice of appeal with the Veterans Court, fifteen days after the expiration of the 120-day appeal period.

In its ruling, the court held that the deadline for filing a notice of appeal with the Veterans Court can be modified for good cause.

“Our veterans sacrifice so very much serving in combat thousands of miles from home,” Foster said. “They deserve every opportunity and consideration in applying for the benefits they earned through their service. The American Legion is proud to have been a friend of the court in this litigation.”

Thanks to its filing of an Interim Final Rule to the Office of Management and Budget, the Department of Veterans Affairs has made it possible for caregivers of eligible veterans to start receiving benefits and support services as early as this summer.

The American Legion has been urging Congress and VA to make good on provisions of the Caregivers and Veterans Omnibus Health Services Act, signed into law last May by President Obama. The law provides compensation and support services to those who are caring for veterans seriously injured on active duty since 9/11.

“We’ve been pushing to get money and services to these caregivers, because many of them have given up their jobs to help their loved ones,” said Jimmie Foster, national commander of The American Legion.

Noting that the caregivers program was supposed to begin in January, Foster said VA is “acting in good faith by submitting this IFR (interim final rule) to move things along. That should get benefits to the people who need them about two months sooner.”

VA submitted the IFR in order to circumvent a standard 60-day waiting period for public comment after new federal regulations have been published. Such regulations must be published as part of the legal process for new authorizations, i.e., benefits for veteran caregivers.

“An interim final rule becomes effective as soon as it’s published in the Federal Register. The public can still comment on it, and their concerns can still be addressed in a final rule that will be published later,” said Verna Jones, director of The American Legion’s veterans affairs & rehabilitation division. “But caregivers won’t have to wait that extra 60 days before VA starts to process their benefits.”

The IFR’s tentative publishing date is May 1, after which caregivers can apply for benefits and start to receive training. According to a VA fact sheet, direct-to-caregiver benefits “should become operational this summer.”

“We’d still like to see these new caregiver benefits extended to veterans of all wars,” Foster said. “But VA’s move to speed up this process for 9/11 warriors and their caregivers is going to make a big difference in a lot of lives.”

On Feb. 1, more than $2,600 in American Legion Emblem Sales credit was distributed to posts participating in the new “Flag Rewards” program. Introduced in August 2010 by Emblem Sales, “Flag Rewards” is a program based on American flag purchases made by a post and its local community.

“Flag Rewards” posts with more than $1,000 in community flag purchases from Aug. 1 to Dec. 31 include Little Falls, Minn., Post 46; Farnhamville, Iowa, Post 510; Douglasville, Ga., Post 145; and Punta Gorda, Fla., Post 510.

In total, 106 posts earned credit to spend in 2011. Over 400 posts have signed up for the growing program, and over 900 businesses and individuals have signed on to sponsor a local post.

Participating posts can receive a 10-cent credit for each dollar spent on the purchase of American flags. The credit is good towards the future purchase of any Emblem Sales catalog item. An example would be a post receiving a $2 future credit by purchasing a $20 American flag.

Qualifying purchases include those made by the post, as well as by the post’s members, friends, neighbors, local schools and businesses that choose to “sponsor” the post by buying their flags from The American Legion. A new website has been established from where sponsors may purchase their flags directly from American Legion Emblem Sales to benefit their local post and its address is http://www.americanlegionflags.com/

While making The American Legion the primary source for communities to purchase their American flags, posts are encouraged to spread the message that an American flag purchased from The American Legion will give a direct financial benefit to the local post and help local veterans serve their community. The program is designed to increase visibility of American Legion members in their local neighborhoods and communities, increase contact with local businesses & civic leaders, and increase membership recruiting opportunities through contact with patriotic neighbors.

To participate, post adjutants can register their posts online http://emblem.legion.org/flag_rewards.asp

On Feb. 23, the men and women of the Department of Veterans Affairs will mark the 20th anniversary of the start of ground combat in the 1990-1991 Gulf War. Fighting ended 100 hours later after a U.S.-led coalition drove Iraqi forces from the small nation of Kuwait.

“All Americans should be proud of the service and sacrifice of our Gulf War Veterans,” said Secretary of Veterans Affairs Eric K. Shinseki. “They went to a foreign land, faced a well-armed aggressor and liberated an independent nation from occupation.”

VA Chief of Staff John Gingrich, who commanded an Army field artillery battalion during the Gulf War, wrote a post to VA’s blog at www.blogs.va.gov/VAntage/?p=1522 to discuss the war and VA’s services for Veterans of the conflict.

VA officials noted that one consequence of the combat focused upon concerns that Veterans who served in theater are more likely to be ill from a variety of causes than their counterparts who didn’t serve in the Persian Gulf during the war.

“Because of the unexpected health problems of our Gulf War Veterans, the military and VA are on the alert to recognize and treat Veterans for unusual medical problems,” Shinseki said.

n the aftermath of the conflict, Gulf War Veterans were provided with health care under special authority, and VA rewrote its regulations governing disability pay to allow payment to Veterans with undiagnosed illnesses. The department also participated in a federal research drive, valued in excess of $400 million, to identify the causes of the Veterans’ illnesses.

Other efforts have continued since then. In March 2010, VA recognized nine specific infectious diseases associated with military service in the Gulf, for which Veterans are eligible for VA disability compensation.

Also in March 2010, VA’s Gulf War Veterans’ Illness Task Force, led by Chief of Staff Gingrich, issued the draft of a comprehensive report that identified gaps in services to Gulf War Veterans, as well as opportunities to serve them better.

About 697,000 service members were in the combat theater during the war. Another 5.7 million served elsewhere in uniform between Aug. 2, 1990 and Sept. 10, 2001. The military lists 148 combat deaths during the war, 235 non-combat deaths and 467 woundings.

A special VA Research Advisory Committee on Gulf War Veterans’ Illnesses formed January 2002 is scheduled to hold a meeting here Feb. 28 and March 1 to review the status of Gulf War medical research. The meeting is open to the public. To find more information about that meeting, visit www.va.gov/RAC-GWVI/meetings.asp.

VA also plans to hire a high-level manager to oversee the department’s Gulf War research program, along with oversight of the research into other environmentally-related health problems for military personnel and Veterans.

A recent VA study of Gulf War Veterans found that about 6.5 million people served on active duty from Aug. 2, 1990 to Sept. 10, 2001. Of that total, about 1.1 million were deployed to the Persian Gulf region.

Of the 6.5 million, about 1.9 million are enrolled in VA’s health care system and 1.2 million have medical problems that are service-connected.

The latest VA report on Veterans of the 1990-1991 Gulf War is available on the Internet at www.va.gov/vetdata/docs/SpecialReports/GW_Pre911_report.pdf. The final version of the March 20l0 report of the Gulf War Veterans’ Illnesses Task force is available at www.va.gov/Final20GWVI-TFReport.pdf.

An ABC program is seeking “deserving families,” including veterans, to receive much-needed repairs/renovations to their homes.

ABC’s “Extreme Makeover: Home Edition,” which received the National Commander’s Public Relations Award during the 2007 Washington Conference, is looking for deserving families and individuals to receive home makeovers.

The show’s producers are looking for soldiers, teachers, firemen, parents – people with “amazing strength of character and who put their own needs aside to help others,” according to a release by the show. The producers are looking for families whose houses need major alterations or repair- homes that present serious problems for the family and affect the family’s quality of life.

To be eligible, a family must own their own single-family home and be able to show producers how a makeover will make a huge difference in their lives.

Nominations/submissions must include:The names and ages of each member of the household;

* A description of the major challenges within the home;

* Explanation of why this family is deserving, or a positive role model in their community;

* Photos of the family and a photo of the home; and

* A contact phone number.

For more information on how to apply please go to this website’: http://abc.go.com/shows/extreme-makeover-home-edition/apply

Company partners with American Bass Anglers to raise money for fund providing college scholarships to children of U.S. servicemembers killed on or after 9/11.

On behalf of Early Times Kentucky Whiskey, American Bass Anglers has donated $10,000 to The American Legion’s Legacy Fund, an endowment that awards scholarships to the children of military personnel killed on active duty on or after Sept. 11, 2001. Joe Murray, Early Times brand manager, presented a check for the monetary amount to Alabama 12th District Commander Becky Burney during a presentation earlier this year.

With the cost of college tuition rising and the various ancillary expenses involved in pursuing higher education, the donation will be put to good use.

“Early Times is proud to support the Legacy Scholarship Fund and everything it does for those families who have been affected by the war overseas,” Murray said. “Early Times has a rich heritage and strong tradition with the military and this is a way to ensure that education will be a reality for those children who have lost a parent in the war on terror.”

American Bass Anglers, a partner of Early Times, has a similar dedication to military personnel and the causes important to their well being.

“American Bass Anglers is proud to be partners with Early Times and extremely pleased to be allowed to present this donation on their behalf”, said Morris Sheehan, president of American Bass Anglers. “Early Times has a long history of supporting the military including Operation R&R and their Take-a-Soldier-Fishing programs, and now expanding their involvement by supporting military families through this donation to the Legacy Fund.”

Companies and individuals interested in donating to The American Legion Legacy Scholarship Fund can send their tax-deductible donations to:

The American Legion Legacy Scholarship Fund, P.O. Box 1055. Indianapolis, IN 46206

For more information on donating, visit the Legacy Fund’s website.

By Alex Horton

Just last week I wrote about ways to bridge the gap between civilians and Veterans. Though many fall prey to cynicism about the rift, I encouraged an optimistic effort on the part of civilians to welcome Vets back into the community. Only then can reintegration after service and war take place.

But as hopeful as I was at the response to the post, I’m equally discouraged about the news coming out of Columbia University. On the same day my post went up, a fellow Iraq Veteran was being heckled and jeered by classmates during a debate on bringing ROTC back to campus following the Vietnam-era ban. According to the New York Post (admittedly, not a paper known for restraint or subtlety), Anthony Maschek faced backlash during the debate, while his peers held signs denigrating the military with hand drawn placards. If there were any doubts that a cultural rift exists between civilians and Veterans, a number of students at Columbia have confirmed what has been known to many of us. A lack of interaction with active duty members and Veterans has bred ignorance, mistrust, and fear that must be reversed if Vets are going to succeed after their service. Listen to a recording of the student heckling.

The obnoxious and offensive behavior of a handful of students, of course, shouldn’t be an indictment of Columbia or Ivy League schools in general. (In fact, as Iraq Vet and Columbia quasi-student Matt Gallagher pointed out, Columbia leads Ivies in student Veteran population). But these events call into question the health of civilian-Veteran relations. The university campus is a flashpoint for Vets reintegrating back into society, and can often be the first interaction young people have with former service members. Today’s students are tomorrow’s leaders of the country, and what happens in the classroom has the power to affect civilian and Vet relations for decades after the wars in Iraq and Afghanistan end. We have to remember what Vietnam taught us: the way Vets reintegrate has a profound impact on their success later in life. So until this troubling behavior disappears from the school campus, Vets will be passed over with their service as a factor, a disturbing trend that has increased recently. Facing stigmas attached to service like PTSD, Vets already have an uphill battle when coming back into an unfamiliar and occasionally hostile society.

Throughout this controversy, I keep thinking about Anthony Maschek, a wheelchair bound Veteran in his first year of college. Secretary Shinseki has given students a new mission: graduate and succeed in the workforce. Mr. Maschek has experienced the ugly side of the civilian-Veteran divide. By living through grievous wounds, his courage and persistence have been laid bare. But how does he go to school tomorrow, and the next day, and sit next to the same students who shouted him down? I remain encouraged by one thought: he grits his teeth and drives on, like he did on the streets of Kirkuk.

Strict new policies to ensure veteran safety led to investigation after a VA employee reported spots on trays and on surgical instrument.

The Department of Veterans Affairs acted swiftly and correctly to temporarily suspend surgeries earlier this month at the John Cochran VA Medical Center in St. Louis after stains and water spots were noticed on some medical trays and one surgical instrument, American Legion National Commander Jimmie Foster said.

“The spots were reported to hospital officials by an employee acting diligently on more stringent self-monitoring policies now in place throughout the VA health-care system,” Foster said. “We believe VA is taking very seriously its need to provide the cleanest, safest possible care for our nation’s veterans. Self-reporting of any possible threat to that safety – even a questionable water spot – is an important part of VA’s commitment to transparency.”

The American Legion’s System Worth Saving Task Force inspected the St. Louis facility Jan. 12-13 and received a report from the hospital’s Reusable Medical Equipment Committee, which was formed after some 1,800 veterans in the St. Louis area last year were called in to be tested for possible Hepatitis B, C and HIV exposure after improper sterilization of dental equipment was discovered in a VA dental clinic. The clinic was closed following the revelation, the chief of dental service was removed from VA employment, and a new state-of-the-art facility with tighter oversight requirements was opened to replace it.

Two weeks after the meeting between the System Worth Saving Task Force and the St. Louis VA officials, however, the hospital suspended surgeries after an employee reported the spots to supervisors. The hospital responded quickly, investigating all equipment in the facility, while making arrangements elsewhere for patients in immediate need of surgery, according to a follow-up report from the health-care system.

The Legion’s System Worth Saving Task Force has closely scrutinized VA performance on medical equipment sterilization procedures since a 2009 VA Inspector General’s Office report revealed the potential for contamination due to the cleaning procedures of reusable endoscopy and colonoscopy instruments. The report noted that in 2004, 2,000 veterans in California were notified by VA that an endoscope reprocessing machine had malfunctioned; in 2005, 200 veterans in Pennsylvania were notified when VA colonoscopes were found to have been inadequately disinfected.

The VA Inspector General’s investigation – which focused on facilities in Tennessee, Florida and Georgia where problems had been reported in the media – led to systemwide directives to reduce the risk of exposure caused by VA medical equipment. Included among were improved supervision, closer compliance with manufacturer’s recommendations for cleaning reusable equipment, better training, self-monitoring and inspections.

“VA responded to these problems by looking in the mirror and holding the whole system to a higher standard than ever before,” Foster said. “And that’s a good thing. Our nation’s veterans deserve the best possible standard of care and safety. The American Legion is dedicated to helping VA fulfill that commitment.”

The American Legion’s System Worth Saving Task Force was established eight years ago when more than 300,000 veterans were waiting 30 days or longer for primary-care appointments with their VA doctors. The task force, which includes American Legion volunteers and staff, inspects approximately 50 VA health-care facilities a year, interviewing hospital officials on such issues as access, adequate staffing, quality of care, facility space and cleanliness. The inspections are assembled into an annual report that is submitted to Congress, the White House and VA Central Office.

“Is This Really A Good Idea – Or Just Another Bill Of Goods That We Are Trying To Sell?”

By Craig Roberts

At a Thursday press conference, The American Legion literally and figuratively stood behind sponsors of bills being introduced in the U.S. House and Senate to provide flexible spending accounts, sometimes called “medical savings accounts,” for servicemembers. This benefit, say its supporters, would help military families meet child care as well as health care expenses.

A flexible spending account (FSA) allows federal employees to set aside a non-taxable portion of his or her earnings to pay for qualified domestic expenses. It is most commonly used to meet medical expenses not covered by insurance, such as insurance deductibles, copayments for doctor’s office visits, and even such things as medicine cabinet supplies. Currently, military personnel are not allowed to have flexible spending accounts, even though civilians who work for the Department of Defense are provided with them.

The introduction of Senate and House bills to correct this inequity were announced in a joint news conference by U.S. Sen. Barbara Boxer, D-Calif., and Rep. Loretta Sanchez, D-Calif. In attendance was Barry Searle, director of The American Legion’s National Security/Foreign Relations Division.

American Legion Legislative Director Tim Tetz, who was testifying before the House Veterans Affairs Committee at the time of the news conference, issued a statement on behalf of Legion leadership. “The American Legion is proud to join Sen. Boxer, Rep. Sanchez, and the 112th Congress in introducing this legislation,” he said. “The burdens of serving our nation are shouldered by not only the servicemember, but their families.

“Any programs or benefits such as medical savings accounts are not only deserved, but worthwhile to enhance our support of those serving. Furthermore, to offer a servicemember the same benefit many of us enjoy is a small investment in the morale and welfare of our military and safety and security of our nation.”

Boxer appealed to those attending the news conference, including Searle, to recruit congressional supporters for the bills. “Once I get a number of co-sponsors,” she said, “I will go to (Defense) Secretary Gates and make this happen. I am fired up and ready to go!”

By Marty Callaghan

The American Legion urges Congress to invest wisely in key infrastructure areas for VA’s fiscal 2012 budget.

During a congressional hearing Feb. 17, The American Legion urged Congress to invest wisely in key infrastructure areas, such as construction and vital research, for the VA’s fiscal 2012 budget.

Currently, the VA is asking for $590 million in major construction and $550 million in minor construction. The amount falls short of the $2 billion recommended to Congress last September by American Legion National Commander Jimmie Foster.

Tim Tetz, the Legion’s legislative director, advised the committee that “cutting money from construction creates only illusory savings.”

Noting that VA’s fiscal 2012 request for construction funding is about $800 million less than its fiscal 2011 numbers, Tetz said the department’s infrastructure “is one of those things you can pay for either now or later. And if you choose to pay later, you always pay more.

“How can we complete the new projects in Las Vegas, Denver and New Orleans, and upgrades needed nationwide without adequate funding?” Tetz asked the committee, chaired by Rep. Jeff Miller, R-Fla.

The American Legion strongly supports VA’s request for a 10 percent increase in discretionary funding, which includes $6 billion for the care of warriors who suffer from TBI, PTS and other mental-health issues.

“But is it enough?” Tetz asked the committee. “This money seems to be directed at the immediate medical needs of these veterans – perhaps not the long-term needs of these veterans.”

Tetz said the VA budget request falls short on research funding. “There is no reason, given the intellectual and technological might of this nation, that VA should not be the world’s leading authority in research on PTSD, TBI, and amputation and prosthetic medicine. The VA needs to be out in the front, not playing catch-up with the rest of the world.”

The American Legion wants VA to ensure “seamless” health care for veterans after they are discharged from active duty.

“Does (the budget) address the chasm between advances in treatment in DoD and those available once the servicemember separates and returns to their home in upstate New York or rural Indiana?” Tetz asked. “The great treatment they get when they put on the uniform needs to be the same treatment they get when they put on a suit.”

Toward the end of his testimony, Tetz said, “We realize there’s only so much money. We realize The American Legion, as well as every other veterans organization, comes here with expanded visions of what we need, what our veterans need, (and) what the VA must deliver.

“We remain committed to help you find savings with the existing budget, chances for (the) shifting of resources to serve the needs of the veteran sitting in the clinic in Florida, and the future veteran sitting in the forward observation base in Afghanistan.”