Passed by the House unanimously in June, the bill hit rough waters at an August Senate Veterans’ Affairs Committee hearing. Paul Lawrence, the new VA undersecretary for benefits, said :VA strongly opposes extending Agent Orange disability benefits and health care to as many as 90,000 veteranbs who served aboard ships off of Vietnam”. Lawrence stated that there is still no credible evidence to support Agent Orange exposure of shipboard personnel if they didn’t go ashore in Vietnam or patrolled its rivers.

Veterans with a history of polytrauma or traumatic brain injury commonly experience headaches. Headache management for Veterans with TBI and multiple co-morbid conditions is challenging and is best managed by an interdisciplinary team. That’s precisely what CHAMP has been doing for several years. “We started an interdisciplinary team about four years ago,” Dr. George Kane said of the five-week outpatient program. “We noticed that with people with headaches, it’s difficult to treat just the headache, so occupational therapy, psychology and me, we all work together and we meet weekly on patients to maximize their care.” Program participants are required to keep a diary, noting the time a headache starts, what they were doing, what they were eating and other aspects of their lives that can be critical to understanding what might be triggering the headaches. “The number one thing is education. Once you know more about what is affecting your situation, we can then teach options that are other than medications,” Kane said. “Medication will do a certain percentage, but if you only relied on medications to help your situation, then you would be discounting the fact that you’re not sleeping well, or to distract yourself with relaxation techniques or biofeedback that we do to try and get your mind to think of something else.” CHAMP participants meet once a week for lectures and other forms of treatment that includes recreation therapy, Botox injections and precise injections in the neck if needed. Botox is used to relax muscles that, when tensed, can cause headaches. The treatment is very effective, Kane said. About 60 people are in CHAMP at any given time, including those patients who are followed after discharge. While many of the TBI patients with headaches tend to be younger, chronic headaches are non-discriminatory, affecting men and women, young and old, and the additional funding that comes with the Center of Excellence designation will allow the CHAMP staff to add additional treatments for them.

The VA is once again experiencing growing pains while trying to implement changes to the GI Bill. A major part of the GI Bill was changed by a law passed more than 12 months ago, and despite being supposed to take effect on 1 AUG, hasn’t happened. The provisions are part of the Harry W. Colmery Veterans Educational Assistance Act, or “Forever GI Bill” since one of the major items included in the law eliminated the time limit for veterans to use their GI Bill.
Location based housing allowance not being paid Another part of the law, which was called for by many veterans groups changed the way that GI Bill recipients are paid their Monthly Housing Allowance. Previously, GI Bill users were paid the housing allowance based on the main campus of the school they were attending. This often led to inequity since many schools have several campuses in different cities where the housing costs can vary wildly.
The GI Bill’s Monthly Housing Allowance is based on the military’s E-5 with dependents Basic Allowance for Housing. This amount changes every January to reflect the actual cost a service member pays for civilian housing. The VA updates their GI Bill housing allowance to reflect this change in the following August, the beginning of what is known as the “academic year”, or “school year”. Well, as a result of the SNAFU surrounding the implementation of location based GI Bill Housing Allowance, all GI Bill recipients who are due for an increase of their Monthly Housing Allowance still haven’t received it. The Cost-of-Living adjustment normally seen in August has been held back for everyone while the VA figures out how to implement legislation that was passed more than a year ago and affects only a small portion of veterans. According to veteran’s groups, this means that more than 300,000 veterans are left in the lurch and remain underpaid due to VA’s inability to implement year-old legislation.

VA has published their final rules, which will be effective 18 OCT. These rules are not statutory changes to federal laws; rather, they are administrative regulations promulgated by the VA – however, they affect the eligibility requirements for VA “wartime” pension benefits, including so-called “Aid and Attendance” benefits. Some of the major changes under the new rules are:
Asset Cap – Although VA pension benefits are “means-tested” (i.e. the applicant’s income and assets are considered in determining eligibility), there was previously no specific asset limitation, and applicants were assessed on a case-by-case basis. The new rules provide a countable asset “cap” which matches the Community Spouse Resource Allowance for Medicaid ($123,600 for 2018). An applicant’s annual income is included in calculating their countable assets, as are the assets and income of the applicant’s spouse.
Transfers of Assets and “Lookback” Period Under current regulations, when an applicant has assets in excess of the cap, an applicant can transfer assets (e.g. to a family member, a trust, or an annuity) without penalty, regardless of the amount transferred. After October 18, 2018, this will NOT be the case. The new rules include a “lookback” period of 3 years beginning with the effective date of the rules (i.e. the VA will not penalize asset transfers prior to October 18, 2018). If an improper transfer of assets occurred during the 3 years immediately prior to the application for benefits, a penalty period of ineligibility of up to 5 years may be assessed (depending on the amount of assets transferred). The new rules specifically note that transfers to family members,
Unreimbursed Medical Expenses (UME) and Caregiver Agreements Luckily, some of the changes are helpful expansions of current rules. For example, fees related to residence in an independent living facility now count as UME under certain circumstances, and other items which previously did not count (e.g. prescriptions, special dietary items, vitamins and supplements) are deductible from income if they are prescribed by the applicant’s physician. Further, costs related to service animals and transportation for healthcare purposes are now countable UME. Additionally, family members (instead of healthcare personnel) can be paid caregivers, and the payments will count as UME, provided a qualified medical professional indicates that the applicant requires a protected environment due to a “physical, mental, developmental, or cognitive disorder.” Qualifying payments to caregivers can also include services which previously did not count as UME, such as shopping, preparing meals, laundry and housekeeping, managing the applicant’s medications, and helping with the applicant’s finances.
There are a number of other rule changes which may affect you (or your loved ones). The key to best protecting
yourself and your family is (as it always has been) planning ahead. Planning ahead and properly timing your application is the only way to avoid unnecessary penalties, and ensure well-deserved benefits are received at the earliest possible date.

Many veterans currently receiving disability benefits often ask service officers about the possibility of getting their disability benefits reduced. The following tries to answer some of those questions:

What Is a VA Reexamination?
A reexamination can be a medical examination or, if the VA feels it is necessary to evaluate the severity of your disability, a period of hospital observation. The VA is legally entitled to require an exam or hospitalization, so it is critical that you comply with a reexamination request in order to preserve your benefits.
Scheduled Reexaminations
After you are awarded disability compensation benefits, the VA will evaluate whether your disability is such that you ought to be scheduled for a future reexamination to determine if your benefits need to be adjusted. Types of disabilities subject to reexamination are those that can be expected to improve over time. If the VA determines that your disability requires a future reexamination, typically the first reexamination will be scheduled two to five years from the date of the decision to grant you benefits.
Evidence of Change in Condition
The VA can also order a reexamination at any time if there is new, material medical evidence that your disability has gotten better, at least temporarily. For example, if you have cancer and it goes into remission, the VA will call you in for a reexamination for the purpose of reducing your benefits.
If the VA temporarily decreases your benefits, you can request an increase of your condition worsens again. Going back to the example above, if your cancer comes back, you can request an adjusted disability rating to increase your benefits.
To request an increased rating after your disability, worsens all you need to do is write a letter to the VA regional office stating you believe an increase is needed and providing medical evidence to support an increase. A word of caution, however. Sometimes when you request an increase, you will actually end up getting a decrease in benefits. If that happens, you can appeal this decrease in the same way that you can appeal a denial of VA benefits

Retired Army Gen. David Petraeus urged Congress in an interview with Fox News on 3 SEP to make good on its “sacred obligation” to support the growing number of veterans sickened by exposure to burn pits at U.S military bases abroad. “By and large, our country does an extraordinary amount for our veterans and for those who are serving in uniform, and for their families,”
Claims arising from burn pit exposure claims are usually handled slowly and inconsistently by VA medical centers. Veterans’ advocates have for years urged the VA to define illnesses arising from burn pit exposure as presumptiveservice connected disabilities tied to the circumstances of a deployment. While the Pentagon and VA maintain that there is empirical evidence of correlation or causality between burn pit exposure and deadly respiratory illness among U.S. service members, a February ruling by an administrative court judge established an important precedent by detailing the connection between exposure and lung disease in a federal contractor

Purple Heart recipients on active duty will soon be exempt from a new policy barring troops from transferring their post-9/11 GI Bill education benefits to their dependents if they cannot commit to an additional four years of service. The policy update, announced in July, immediately excluded those who could not extend their service by four years, including wounded troops in the medical retirement process, from the ability to transfer. A change that takes effect in July 2019 will also block those with 16 years of service from making the switch.

A bill introduced in the Senate on 4 SEP would remove some of the barriers making it difficult for veterans to access medical cannabis programs in their states. The Veterans Medical Marijuana Safe Harbor Act, introduced by Sen. Bill Nelson (D-FL) and Sen. Brian Schatz (D-HI), would allow veterans to use, possess, or transport cannabis as permitted by state law without fear of federal prosecution, and would allow doctors in the Dept. of Veterans Affairs (VA) system to recommend medical cannabis to their patients. It also calls on the VA to commence a study into the effects of cannabis on pain in veterans within two years of passage, and allocates $15 million for that purpose.

Under the new Disabled Veterans Access to Space-A Travel Act, veterans with a service-connected, permanent disability rating of 100% can hop on any scheduled or unscheduled military flight within the continental United States (and scheduled overseas flights) operated by Air Mobility Command (AMC). The new Act would authorize veterans who have a service-connected, and permanent disability rated as 100 percent to travel on Space-A at no additional cost to the Department of Defense (DoD) and without aircraft modifications, according to military officials. Clarification on whether or not required caregiver accompaniment is authorized has not yet been promulgated. This is a huge benefit to disabled veterans who travel on aircraft. Many veterans find airports unaccommodating, and difficult to get around. Flying from military terminals are much less congested, and will probably be more suitable for disabled veterans. To sign up for Space A Travel complete AMC Form 140, Space Available Travel Request (https://www.amc.af.mil/Portals/12/documents/AFD-140926-014.pdf) form and e-mail it to your desired AMC Passenger Terminal. Info you need to complete the form includes: • Email address • Personal information (Rank/Grade, First Middle Last Name) • Service Branch (AF, Army, Marines, Navy, CG) • Status (Active, Guard, Reserve, Retired, Disabled Veteran, etc.) • Other Travelers (dependents names) • Total number of seats required • Travel status (See Travel Eligibility-Category I-VI). The form has not yet been modified to reflect 100% disability eligibility. In the interim suggest use Category VI until otherwise advised. • Overseas Travel Ready Status (Have Required Passports/Visas etc.) • 5-Destinations (Sign-up for up to 5 Destinations e.g. Germany, USA, Japan, Alaska, or Hawaii)

H.R.303 (Retired Pay Restoration Act) Cosponsors 92 – Referred to Committees: Armed Services; Veterans Affairs • Permits additional retired members of the Armed forces who have a service-connected disability to receive both disability compensation from the VA for their disability and either retired pay by reason of their years of military service or Combat-Related Spec
H.R.333 (Disabled Veteran’s Tax Termination Act) Cosponsors: 46 – Referred to Committees: Armed Services’ Veterans’ Affairs • Permits retired members of the Armed forces who have a service-connected disability rated less than 50% to receive concurrent payment of both retired pay and veterans’ disability compensation. • Extends eligibility for concurrent receipt tor Cahpter 61 retirees with less than 20 years of service.
H.R.3272 (Veteran Education Empowerment Act) Cosponsors 118 – Referred to Committee: Veterans’ Affairs • Directs the Secretary of Veteran Affairs to carry out a grant program to provide Veteran student Centers at institutions of higher education to assist veterans in the pursuit of higher education.
S.66 (Retired Pay Restoration Act) Cosponsors 12 – Referred to Committee: Armed Services • Permits additional retired members of the Armed forces who have a service-connected disability to receive both disability compensation from the VA for their disability and either retired pay by reason of their years of military service or Combat-Related Special compensation.
S.591 (Military and Veteran Caregiver Services Improvement Act) Cosponsors 35 – Referred to Committee: Veterans’ Affairs. Expands eligibility of the program of comprehensive assistance for family caregivers of the Department of Veteran Affairs, to expand benefits available to participants under such program and to enhance special compensation for members of the uniformed services who require assistance in everyday life.
S.2117 (Fair Access to Insurance [FAIR] Heroes Act of 2017) Cosponsors 1 – Referred to Committee: Veterans’ Affairs. • Expands eligibility for the TRICARE program to include certain veterans entitled to benefits under the Medicare program due to conditions or injuries incurred during service in the Armed Forces and to waive the Medicare Part B late enrollment penalty for such veterans.