Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

SSGMike.Ivy

Second Class Petty Officers
  • Posts

    82
  • Joined

  • Last visited

About SSGMike.Ivy

  • Birthday January 13

Contact Methods

  • Website URL
    http://www.mophchapter1101.org
  • ICQ
    0

Profile Information

  • Location
    Staten Island NY

Previous Fields

  • Service Connected Disability
    100

SSGMike.Ivy's Achievements

Community Regular

Community Regular (8/14)

  • First Post
  • Collaborator
  • Conversation Starter
  • Week One Done
  • One Month Later

Recent Badges

0

Reputation

  1. Vietnam Navy and Coast Guard Ships Recently Identified as Having Been Exposed to Agent Orange Attention All Military Personnel Subject: Vietnam Navy and Coast Guard Ships Recently Identified as Having Been Exposed to Agent Orange Information on Vietnam Naval Operations Compensation and Pension (C&P) Service has initiated a program to collect data on Vietnam naval operations for the purpose of providing regional offices with information to assist with development in Haas related disability claims based on herbicide exposure from Navy Veterans. To date, there has verification from various sources showing that a number of offshore "blue water" naval vessels conducted operations on the inland "brown water" rivers and delta areas of Vietnam. Also, there has been identification of certain vessel types that operated primarily or exclusively on the inland waterways. The ships and dates of inland waterway service are listed below. If a Veteran's service aboard one of these ships can be confirmed through military records during the time frames specified, then exposure to herbicide agents can be presumed without further development. All vessels of Inshore Fire Support [iFS] Division 93 during their entire Vietnam tour: • USS Carronade (IFS 1) • USS Clarion River (LSMR 409) [Landing Ship, Medium, Rocket] • USS Francis River (LSMR 525) • USS White River (LSMR 536) • All vessels with the designation LST [Landing Ship, Tank] during their entire tour [WWII ships converted to transport supplies on rivers and serve as barracks for brown water Mobile Riverine Forces] • All vessels with the designation LCVP [Landing Craft, Vehicle, Personnel] during their entire tour • All vessels with the designation PCF [Patrol Craft, Fast] during their entire tour [Also called Swift Boats, operating for enemy interdiction on close coastal waters] • All vessels with the designation PBR [Patrol Boat, River] during their entire tour [Also called River Patrol Boats as part of the Mobile Riverine Forces operating on inland waterways and featured in the Vietnam film "Apocalypse Now"] • USS Ingersoll (DD-652) [Destroyer] [Operated on Saigon River, October 24-25,1965] • USS Mansfield (DD-728) [Destroyer] [Operated on Saigon River August 8-19,1967 and December 21-24,1968] • USS Richard E. Kraus (DD-849) [Destroyer] [Operated on coastal inlet north of Da Nang, June 2-5, 1966, protecting Marines holding a bridge] • USS Basilone (DD-824) [Destroyer] [Operated on Saigon River, May 24-25, 1966] • USS Hamner (DD-718) [Destroyer] [Operated on Song Lon Tao and Long Song lao Rivers, August 15-September 1, 1966] • USS Conway (DD-507) [Destroyer] [Operated on Saigon River, early August 1966] • USS Fiske (DD-842) [Destroyer] [Operated on Mekong River, June 16-21, 1966] • USS Black (DD-666) [Destroyer] [Operated on Saigon River, July 13-19,1966] • USS Providence (CLG-6) [Cruiser, Light, Guided Missile] [Operated on Saigon River 3 days during January 1964] USDVA Issues List Of Ships That Qualify For Presumptive Agent Orange Exposure • USS Mahan (DLG-11) [Guided Missile Frigate] [Operated on Saigon River October 24-28,1964] • USS Okanogan (APA-220) [Attack Transport] [Operated on Saigon River July 22-23, 29-30,1968 and August 5-6, 1968] • USS Niagara Falls (AFS-3) [Combat Stores Ship] [unloaded supplies on Saigon River and Cam Rahn Bay, April 22-25, 1968] Handout: USDVA Issues List Of Ships That Qualify For Presumptive Agent Orange Exposure VA Blue Water claims Update (Federal Update for July 12-16, 2010) The United States Department of Veterans Affairs (USDVA) has added the below named ships to the already existing list for Navy and Coast Guard ships and vessels that are presumed to have been exposed to Agent Orange. If you serve on any of these mentioned ships and you have had a claim denied, you should reapply citing the VA list as the source for your reapplication. NAUS advises that the VA is already working on a third list that will have more ships listed. If you have a claim and evidence the ship you served on was in Vietnamese waters and/or actually tied up to a dock there, make sure you include that with your claim. Vessels that operated primarily or exclusively on the inland waterways: All U.S. Coast Guard Cutters with hull designation WPB [patrol boat] and WHEC [high endurance cutters] USS Mark (AKL-12) [light cargo ship] USS Brule (AKL-28) USS Patapsco (AOG-1) [gasoline tanker] USS Elkhorn (AOG-7) USS Genesee (AOG-8) USS Kishwaukee (AOG-9) USS Tombigbee (AOG-11) USS Noxubee (AOG-56) USS Okanogan (APA-210) [attack transport] USS Montrose (APA-212) USS Bexar (APA-237) USS Benewah (APB-35) [self-propelled barracks ship] USS Colleton (APB-36) USS Mercer (APB-39) USS Nueces (APB-40) Barracks Barge (APL-26 [sleeping quarters] Barracks Barge (APL-30) USS Tutuila (ARG-4) [repair ship] USS Satyr (ARL-23) [ repair ship] USS Sphinx (ARL-24) USS Askari (ARL-30) USS Indra (ARL-37) USS Krishna (ARL-38) USS Belle Grove (LSD-2) [landing ship dock] USS Comstock (LSD-19) USS Tortuga (LSD-26) USS Asheville (PG-84) [patrol gunboat] USS Gallop (PG-85) USS Antelope (PG-86) USS Ready (PG-87) USS Crockett (PG-88) USS Marathon (PG-89) USS Canon (PG-90) Floating Base Platform (YRBM-17) [repair, berthing, and messing barge] Floating Base Platform (YRBM-18) Floating Base Platform (YRBM-20) Winnemucca (YTB-785) [harbor tug] Vessels that operated temporarily on Vietnam's inland waterways or docked to the shore: USS Card (ACV-11) [escort carrier] [mined, sunk, and salvaged in Saigon River Harbor during May 1964] USS Maury (AGS-16) [mapping survey ship] [conducted surveys of Mekong Delta and other coastal areas and rivers beginning November 1965 through 1969] USS Henrico (APA-45) [amphibious attack transport] [operated on Hue River during March 1965 and conducted numerous troop landings through March 1967] USS Montrose (APA-212) [operated on Song Hue River during December 1965, operated on Long Tau River during March 1967, and operated on Cua Viet River and at Dong Ha during May 1967] USS Talladega (APA-208) [operated on Saigon River during October 1967] USS Bolster (ARS-38) [salvage ship] [crew operated on land] USS Canberra (CAG-2) [guided missile cruiser] [operated on Saigon River from March 31 through April 1, 1966, on Cua Viet River during December 15, 1966, and on Mekong Delta Ham Luong River during January 15, 1967] USS Sproston (DD-577) [destroyer] [operated on Mekong Delta and Ganh Rai Bay during January 1966] USS Picking (DD-685) [operated on Saigon River during November 16, 1965] USS Epperson (DD-719) [docked to Da Nang Pier on October 4, 1970] USS Southerland (DD-743) [operated on Song Nga Bay and Saigon River during July 1966] USS John W. Thomason (DD-760) [operated on Nga Be River during 1969] USS Buck (DD-761) [operated on Mekong River Delta and Saigon River during October 1966] USS Preston (DD-795) [operated on Mekong River Delta, Ganh Rai Bay, and Saigon River during September 28-29 and December 27-29, 1965] USS Warrington (DD-843) [operated on Mekong River Delta Rung Sat Special Zone, North of Vung Gahn Rai Bay during March 1967] USS Dyess (DD-880) [operated on Saigon River and Rung Sat Special Zone from June 19 - July 1, 1966] USS Perkins (DD-877) [operated on Saigon River during June 1969] USS Orleck (DD-886) [operated on Mekong River Delta during July 1969] USS Joseph Stauss (DDG-16) [guided missile destroyer] [operated on Mekong River Delta and Ganh Rai Bay during November 7 and December 7, 1968] USS Waddell (DDG-24) [operated on Cua Viet River during March 1967] USS Newell (DER-322) [radar destroyer escort] [docked at Port of Nha Trang during December 22-24, 1965] USS Duluth (LPD-6) [amphibious transport dock] [docked to Pier at Da Nang during March and October 1971] USS Cleveland (LPD-7) [operated on Cua Viet River and at Dong Ha, as well as Hue River, from November 1967 through 1968 and Saigon River during September 1969] USS Dubuque (LPD-8) [docked at Da Nang on March 15, 1970] USS Boxer (LPH-4) [amphibious assault ship] [docked to Pier at Cam Rahn Bay on September 9, 1965] USS Carter Hall (LSD-3) [landing ship dock] [operated on Cua Viet River and at Dong Ha during December 1967] [source: NAUS Weekly update 25 Jun 2010++] Juliana Hensler National Service Officer Military Order of the Purple Heart
  2. Welcome aboard GolfNut and thank you for your service. If your claim is filed with the DAV, a leter in the mail you will receive advising you of your scheduled C&P. Be patient is arrives faster then you think. The letter comes from the DAV
  3. Hey Apple sounds like you may be doing this on your own, something really not suggested to do since there is so much to understand about the VA system. A VSO such as the DAV, MOPH etc is really an asset to work with, since they know the ins and outs. Yeah there are some who well have no idea what is going on but most of them are really good within an organization like the DAV. They do everything for you. In fact when your C&P is set in stone they notify you, and yes you can call. Time does vary around the country on obtaining a C&P. Here in NYC the DAV is outstanding at least for me it was. There is a ton of information here on what you need to do to prepare yourself for a C&P. Most important be prepared and be honest, as you never know if that examiner is a combat Veteran who knows bs when he hears it. Don't be nervous. Best of luck keep us updated.
  4. Today one more of our heroes has left us. A 4th Infantry Division brother who survived his actions to receive the Medal of Honor. RIP Top. He joined the Army in 1952 at Fort Bliss, Texas. By March 22, 1967, McNerney was serving as a first sergeant in Company A, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division. On that day, in Polei Doc, Republic of Vietnam, his unit came under attack by North Vietnamese forces. Despite being wounded early in the battle, he assumed command of the unit when the company commander was killed, organized the defense, and helped arrange a helicopter evacuation of the wounded. He refused his own medical evacuation and instead stayed with the company until a new commander arrived. For his actions during the battle, McNerney was awarded the Medal of Honor. McNerney served a total of four tours of duty in Vietnam. A documentary, Honor in the Valley of Tears, which tells the story of McNerney's company in Vietnam and details his Medal of Honor action, premiered in May 2010. "Honor in the Valley of Tears" (2010) McNerney's official Medal of Honor citation reads: 1st Sgt. McNerney distinguished himself when his unit was attacked by a North Vietnamese battalion near Polei Doc. Running through the hail of enemy fire to the area of heaviest contact, he was assisting in the development of a defensive perimeter when he encountered several enemy at close range. He killed the enemy but was painfully injured when blown from his feet by a grenade. In spite of this injury, he assaulted and destroyed an enemy machine gun position that had pinned down 5 of his comrades beyond the defensive line. Upon learning his commander and artillery forward observer had been killed, he assumed command of the company. He adjusted artillery fire to within 20 meters of the position in a daring measure to repulse enemy assaults. When the smoke grenades used to mark the position were gone, he moved into a nearby clearing to designate the location to friendly aircraft. In spite of enemy fire he remained exposed until he was certain the position was spotted and then climbed into a tree and tied the identification panel to its highest branches. Then he moved among his men readjusting their position, encouraging the defenders and checking the wounded. As the hostile assaults slackened, he began clearing a helicopter landing site to evacuate the wounded. When explosives were needed to remove large trees, he crawled outside the relative safety of his perimeter to collect demolition material from abandoned rucksacks. Moving through a fusillade of fire he returned with the explosives that were vital to the clearing of the landing zone. Disregarding the pain of his injury and refusing medical evacuation 1st Sgt. McNerney remained with his unit until the next day when the new commander arrived. First Sgt. McNerney's outstanding heroism and leadership were inspirational to his comrades. His actions were in keeping with the highest traditions of the U.S. Army and reflect great credit upon himself and the Armed Forces of his country.
  5. Presidential Proclamation--National POW/MIA Recognition Day "Until every story ends" is a solemn promise to those who wear the uniform of the United States that they will never be left behind or forgotten. On National POW/MIA Recognition Day, we pay tribute to the American men and women who never returned home from combat, to those who faced unthinkable suffering as prisoners of war in distant lands, and to all servicemembers who have defended American lives and liberties with unwavering devotion. As a grateful Nation, we can never repay the profound debt to our heroes, and we will not rest until we have accounted for the missing members of our Armed Forces. We demonstrate our deep gratitude and admiration for our brave patriots not in words alone, but in our actions to bring them home. Each year, specialists in our Department of Defense scour foreign battlefields and burial sites, interview witnesses, and search national and international archives for information about those missing from the Vietnam War, Korean War, Cold War, World War II, and other conflicts. Their work will not be complete, nor our commitment fulfilled, until the families of those taken or missing in action can rest knowing the fate of their loved ones On September 17, 2010, the stark black and white flag honoring America's prisoners of war and those missing in action will be flown over the White House; the United States Capitol; the Departments of State, Defense, and Veterans Affairs; the Selective Service System Headquarters; the World War II Memorial; the Korean War Veterans Memorial; the Vietnam Veterans Memorial; United States post offices; national cemeteries; and other locations across our country. It is a powerful reminder that our Nation will never cease in our task to recover, remember, and honor the courageous men and women who have served and sacrificed so much for each of us. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 17, 2010, as National POW/MIA Recognition Day. I urge all Americans to observe this day of honor and remembrance with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth. BARACK OBAMA
  6. I go twice a year to medical records for copies of all my VA / clinic visits period. If I have an ex-ray etc I make sure I request a copy of it on CD. Cost for CD is $5.00. No records can be kept from you period
  7. thank you for your service and since you are retired assuming an NCO consider joining http://www.trea.org/ The Retired Enlisted Association Additional r references in regards to ED http://www4.va.gov/vetapp07/files2/0717935.txt http://knol.google.com/k/jim-strickland/a-military-veterans-guide-to-disability/i4hm0dxfnnzs/5#
  8. If I may add something here. As a Vietnam Veteran I can understand your comment about geared towards older Vets but remember one thing as a Vietnam Veteran and I speak for all those that I know, our mission in life is to make sure that what happened to us never happens to you guys which from here in NYC it is not happening. We Vietnam Veterans are doing all we can to assist you in every way and most whom we have spoken to tell us that. A PTSD program day hospital is geared for all Veterans and do not feel that it is noted geared for you the Iraq / Afghan Vet. You are our brothers and what ever we can as long as your willing to put one foot in front of another with us we will be here to help you. I can not speak for upstate but the day hospital here in Brooklyn is a great place occupied by all Veterans. So don't back off go and see what you can do to make it more for you the Iraq / Afghan Vet. As we die off you are the ones who will be standing in our shoes. Hang in there
  9. A VA disability is tax exempt and does not have to be included when filing taxes. VA pension believe and VA disability are the same just different what people call them. Unless of course he worked for the VA and this was a pension after his retirement. Condolences on your loss
  10. Not sure who here uses USAA for either their car and or home or both for insurance but let me say " I recommend them" I have been with them over 12 years and they have been the best especially when a claim needs to be processed. Very competitive with rates They are professional and curious and handle each claim without hassle. I am just finishing up a water leak in my house and the contractors they use [ I always use theirs ] are outstanding. I mean USAA got me a contractor on their list to-come to my house within 4 hours to set up the dehumidifiers and fans needed to dry out my family room, clear the ceiling and walls. Next up they lined me up with the general contractor who responded immediately and the work was done on time and professionally. USAA is a huge organization which does banking and financial things. Excellent rating and very stable company. If anyone here is using them and has any comments good or bad please post I did not know where to post this so figured this was the best place. Check them out at https://www.usaa.com thanks
  11. <H1 id=message_view_subject>Hearing: Review of Veterans' Disability Compensation: Benefits in the 21st Century</H1>Committee on Veterans' Affairs United States Senate 111th Congress, First Session September 17, 2009 Review of Veterans' Disability Compensation: Benefits in the 21st Century The website of the US Senate on this matter at http://veterans.senate.gov/hearings.cfm?ac...e1-55e6aa74c9f3 to watch and listen click this link [ this is quit long so let it play in the backgroud. http://www.senate.gov/fplayers/CommPlayer/...709&st=1080
  12. Former Marine pilot Dean Toth had perfect hearing when tested over the past three years by Southwest Airlines, for which he now flies. But when his disability claim landed at the Department of Veterans Affairs last year, it included a hearing exam showing he was nearly deaf. He collected about $93,000 in back benefits for that disability and began receiving $2,500 in monthly payments.Toth didn't suddenly lose his hearing: Instead, according to a 10-count indictment returned this week, he conspired with his next-door neighbor in Crestwood, Daniel Ryan Parker, a supervisor for Disabled American Veterans, to doctor his medical records and bribe a claims reviewer at the VA. Toth, who served for a dozen years with the Marines, is one of 11 veterans from all four service branches charged this week in an elaborate plan to defraud the VA of nearly $1.9 million by submitting altered or counterfeit medical records showing they suffered from illnesses and conditions ranging from lung cancer to frostbite to depression. Three other people were charged in the case as well. If not for a confidential source who contacted investigators last summer, the veterans would have received monthly benefits for life, U.S. Attorney Dave Huber said yesterday at a news conference. The alleged scheme began in 2003 and continued until earlier this month, Huber said. According to court records, Parker, who helped veterans apply for benefits at the DAV, and Jeffrey Allen McGill, who evaluated claims at the VA regional center in Louisville, recruited friends, relatives and acquaintances from several states to file claims. Then Parker and McGill, both 37, either altered medical tests or fabricated new ones, and backdated the claims, Huber said. Money allegedly split The veterans -- none of whom were really sick or injured -- kicked back about two-thirds of their lump-sum payments to Parker and McGill, according to the indictment, and kept the monthly checks for themselves. The indictment says that Toth, for example, collected back payments of $93,240, dating to when he left the Marine Corps in 2004, then forked over $62,160 to Parker, who shared it with McGill. All but one of the defendants is a veteran. Each is charged with conspiracy to defraud, as well as paying or receiving bribes, and some with money laundering. They are scheduled to appear Dec. 16 for arraignment in U.S. District Court in Louisville. If convicted on all charges, Parker could be sentenced to up to 90 years and fined $2.25 million; McGill, who lives in La Grange, could be imprisoned for 70 years and fined $1.75 million. Toth was arrested and released on Wednesday night, and the others will be allowed to surrender. Huber would not say why Toth was the only one arrested. Parker's lawyer, Brian Butler, said he has resigned from the DAV and cooperated with the investigation. "Mr. Parker has done all he can to assist in uncovering the losses to the VA," Butler said. Toth does not have a listed number, and there was no answer at McGill's home. A spokeswoman for Southwest Airlines said Toth is on paid leave, pending the investigation. Lawyers for the other defendants are not identified in court records. None of the 14 people charged Wednesday had criminal records, Huber said, adding, "They were all regular people." In a statement, VA Inspector General George Opfer expressed "profound disappointment in the betrayal of trust by McGill and Parker, whose co-workers at VA and DAV, respectively, devote themselves to serving veterans, not enlisting them in a conspiracy to defraud taxpayers." VA officials could not be reached for follow-up questions about how the case will affect future operations. Huber said it was easy to understand how VA officials allegedly were taken -- "When you handle records in an office, you expect them to be authentic." He said the VA nationally is on "red alert" to prevent similar fraud, although he declined to identify what preventive measures it has taken. The other defendants include Parker's father-in-law, Randall Lee Adkins, 61, of Logan, W.Va.; his ex-girlfriend, Nicolette Marie Wages, 37, of Parkersburg, W.Va.; and his mother, Susan Diane Smith, 62, of Hurricane, W.Va. -- the only one who is not a veteran. The indictment charges that Smith submitted a claim for her ex-husband, who served in the Air Force, saying he was suffering from lung cancer as a result of exposure to Agent Orange, the defoliant used in Vietnam. 100 percent disability Parker and McGill allegedly counterfeited a medical exam to document his illness and put it in his file, and Smith's ex-husband was granted a 100 percent disability for "malignant growth of the lung." The indictment says Smith's ex-husband, who served from 1965 to 1969, didn't know about the claim. Smith arranged for the man's $53,052 in back payments to go into a bank account she controlled, then kicked back $40,000 to her son, who shared it with McGill, according to the indictment, which says Parker and his mother also shared the $2,900 monthly payments. To bolster a claim for James Darrell Grimes, 61, of Scottsville, Ky., who served in the Army from 1965 to 1969, Parker and McGill allegedly fabricated a private physician's medical records to show that Grimes had received treatment for "non small cell lung cancer with brain metastases." Grimes collected a lump sum of $66,277 and kicked back $44,000 to McGill, who shared it with Parker, according to the indictment. Neither Grimes nor Smith could be reached for comment. Huber wouldn't disclose who tipped off law enforcement about the scheme, but he praised the FBI and the VA's office of inspector general for a "meticulous investigation." He said no one else at the DAV or VA was implicated. The indictment says that Parker served in the Army from 1989 to 1992 and McGill in the Navy from 1989 to 2003. McGill, whose duties included reviewing and rating VA disability claims, resigned Oct. 1. Reporter Andrew Wolfson can be reached at (502) 582-7189.
  13. War Veteran must share disablility with ex-wife Money For Nothing, Checks For Free by Anne Stanton A Manistee County judge ruled recently that a portion of a Vietnam veteran's disability benefits can be considered when determining the amount of alimony paid to an ex-spouse. Veteran Calvin Murphy had argued in court that his disability benefits should be off limits to his ex-wife, but 19th Circuit Judge James Batzer disagreed. Murphy, 61, testified in the trial that he served a harrowing 5 1/2 months in Vietnam and mistakenly believed for decades that he had killed a fellow soldier during a North Vietnamese attack. He was wracked by guilt that his entire squadron had been ambushed, shot in the head, and found with cards in their mouths that said "Yankee go home.�� He was not with his squadron at the time of the ambush. Murphy said he was torn up emotionally from the experience—during his 24-year marriage to Karen Murphy, he sometimes slept with a gun, was tormented by nightmares, and used drugs and alcohol. In the early 1990s, he stopped drinking and sought treatment for post-traumatic stress disorder... Calvin's attorney, Wendy Divozzo of Cadillac, argued that federal law says that a veteran's benefits belong solely to the person disabled, and should never be diverted to a third party under any circumstances. Karen Murphy's attorney, Connie Krusniak of Ludington, said that other state and federal laws across the country say that disability pay is for the benefit of the veteran and the family, and that those laws are backed by rulings in previous cases. Judge Batzer agreed with her interpretation. Krusniak argued that an ex-spouse of a military veteran deserves something after supporting her spouse through years of emotional upheaval arising from the disability of post traumatic stress disorder, which is expressed in nightmares, depression, drug and alcohol abuse. A spouse also deserves something for supporting the partner through doctor appointments, rehab and physical handicaps. Judge Batzer based his judgment, in part, on family law and the income of Calvin and Karen, and the amount of money each needed to survive. Calvin Murphy, who is unemployed, collects a total of $3886 each month, including $2,400 for military disability, $1,186 in Social Security disability, and $300 in disability income through the National Park Service where he used to work, according to court records. That amount will go down significantly after the divorce. Karen Murphy, who is also unemployed, collects about $700 per month in disability. Judge Batzer awarded Karen $800 a month indefinitely until her death or until she remarries. That judgment leaves Calvin $3,195 a month on which to live. Judge Batzer was clear in his ruling that military disability benefits should be used as a basis for alimony, or what's now called spousal support. Part of the problem, attorney Divozzo said, is that state and federal law are contradictory and unclear, and that rulings have varied around the country. "I am telling Calvin and the other vets that if they want to help the young veterans coming back from Iraq or Afgahnistan, to tell them not to get married unless they have a prenuptial that specifically excludes future VA benefits or service connected benefits. That's their best shot at having some certainty absent a change in law or a clear ruling that a spouse may not claim those,�� Divozzo said. Krusniak declined comment on the ruling. Calvin, who has already spent jail time for refusing to pay spousal benefits awarded in the first go-round of the case two years ago, said he will appeal the decision. He has has vowed to give up all his disability benefits if he loses on appeal and "take the homeless life.�� If he is ordered to jail, he said that he'll request service in the Middle East. "This whole matter has destroyed my life. I have my home up for sale, and the stress is starting to take its toll on me, but I will keep fighting. I want to go as far as I can and try my best to turn this law around where it is the same everywhere for all vets around the country,�� he said. "When a soldier hangs up his or her uniform, things change. You are treated like an old pair of shoes.��
  14. Fraud costs military health program millions Doctors, hospitals in Philippines conspire with U.S. veterans on bogus claims MADISON, Wis. - The U.S. military's health insurance program has been swindled out of more than $100 million over the past decade in the Philippines, where doctors, hospitals and clinics have conspired with American veterans to submit bogus claims, according to prosecutors and court records. Seventeen people have been convicted so far — including at least a dozen U.S. military retirees — in a little-noticed investigation that has been handled by federal prosecutors out of Wisconsin because a Madison company holds the contract to process many of the claims. It has not been accused of any wrongdoing. At the center of the case is Tricare, a Pentagon-run program that insures 9.2 million current and former service members and dependents worldwide. The United States closed its military bases in the Philippines in 1992 and withdrew its active-duty forces, but thousands of retirees remained. Some saw an opportunity to pry easy cash from Tricare. Health care providers in the Philippines filed claims for medical services never delivered, inflated claims by as much as 2,000 percent and shared kickbacks with retirees who played along, court records reviewed by The Associated Press show. System abused by many "There just seemed to be so many possibilities for abuse of the system, and there were so few controls in terms of monitoring," said former U.S. Attorney Peg Lautenschlager, who oversaw prosecutions in the late 1990s. Pentagon auditors say Tricare moved slowly to uncover and stop the fraud. And a February audit warned that the program is still vulnerable to rip-offs because of lax controls and that similar fraud schemes are starting to emerge in Latin America. News of the scope of the fraud comes as the Pentagon seeks to raise fees for Tricare's beneficiaries — fourfold, in some cases. The proposed increases have outraged groups representing servicemen and have been blocked by Congress. Tricare paid $210.9 million in overseas claims in 2006, the latest year for which figures were available. At the height of the fraud in 2003, Pentagon officials say, two-thirds of the $61.8 million paid to Philippine providers — about $40 million — was fraudulent. The fraud in the Philippines was so extensive that the number of claims filed there skyrocketed nearly 2,000 percent between 1998 and 2003 even as beneficiaries there — about 9,000 mostly retired military members and dependents — remained constant. "I know this is illegal and wrong to submit fraudulent claims to get money, but I did it for fun," U.S. Navy retiree Romulo Estoesta told investigators. He died in 2002. Austin Camacho, a spokesman for the Pentagon's Tricare Management Activity, which runs the program, said the fraud has been hard to prove because of language barriers, a lack of cooperation from providers and limited law enforcement resources. But he said the agency added numerous controls and is making every effort to stop fraud. In one big case, prosecutors say Health Visions Corp. — which owns hospitals and clinics in the Philippines — bilked the program out of nearly $100 million from 1998 to 2004. Its former president, Thomas Lutz, has pleaded guilty to his role in a kickback scheme and could get five years in prison. He could be sentenced in Madison as early as Thursday. The company has also reached a plea agreement, but it is sealed. Fraud allegations surfaced in 2000 Prosecutors say Health Visions executives instructed billers to inflate every claim by at least 233 percent and falsify diagnoses. Lutz refused to comment when reached by telephone in Columbia, Mo., where he is living with relatives. The company's lawyer had no comment. Pentagon officials received fraud allegations against the company in 2000 but waited until late 2005 to move to cut off payments, according to an internal audit report. The company reaped tens of millions of dollars in payments in the meantime. In a 2005 memo, William Winkenwerder, then assistant secretary of defense for health affairs, complained that his requests to send additional investigators to the Philippines were ignored. The fraud went well beyond Health Visions. A Pentagon official warned in 2004 that the Philippine schemes were costing U.S. taxpayers $40 million a year. In all, those convicted have been ordered to pay back only about $1.8 million. Assistant U.S. Attorney Peter Jarosz said of the 37 people indicted, about 20 remain free, in part because requests to extradite suspects from the Philippines have rarely succeeded. Claro de Castro, chief of the Philippine National Bureau of Investigation's Interpol division, insisted Philippine authorities have cooperated with the U.S. Nevertheless, federal agents have resorted to trying to capture defendants when they step on U.S. soil. Dr. Diogenes Dionisio, who ran a clinic near Manila, was arrested earlier this year after he arrived in Guam for a vacation. He has pleaded not guilty to submitting $2 million in fraudulent claims. His lawyer, Charles Giesen, said his client was never notified he was facing indictment. "He was getting off the plane with his golf clubs and they put him in handcuffs," Giesen said. "It was a complete surprise and somewhat baffling." http://www.msnbc.msn.com/id/24278078/
×
×
  • Create New...

Important Information

Guidelines and Terms of Use