Va Disability Compensation Update 02

[allan]

VA DISABILITY COMPENSATION UPDATE 02 Update number two by Uniformed Services Disabled Retirees (USDR) http://www.2ndbattalion94thartillery.com/Chas/congressbill.htm Kelley

[donews]

JMHO

No matter what lipstick, perfume, or fancy dress you put on it, its still a stinkin pig!

They are going to find a way to reduce spending and that means they are going to find a way to break even more promises and deny more benefits.

And the worst part is they are trying to hang their hats on the older vets as if its our fault trying to make us look like we are the reason they can not do their job today.

[Ricky]

I could not get the link to work but if it was on the double system proposed by the traitor Dole and communist Shalalalalalalalala I don't think the current congress is going to support it. Nor will any follow on congress for it is to radical in that it takes from one to give to another one. Now if it was take from the rich to give to the poor then they would jump on it like a shark on a surfer. jmho

[allan]

Here it is Ricky.

Message Below From Uniformed Services Disabled Retirees

It looks like congress took the Dole/Shalala Commission and once again parsed it down to rear-end the Veterans. Although I am no expert on the Dole/Shalala Commission I did listen to the questioning of the commission and the ramifications. Now at that time the Dole/Shalala seemed satisfied that no Veteran would be hurt by using this new system that would not replace the old system but more emphasis in certain areas. And I concluded from listening that anyone under the present system this would not effect them one bit unless they choose to go to the new system. Also in the panel discussions it was concluded that the Veteran would have the choice and that in fact there were not many cases to where the Veteran would be hurt by going to the new system. Of course this was all conducted inside 495 and in the congressional buildings and all Veterans and widows know how much actual truth and justice is carried on in that setting for the Veterans.

VA DISABILITY COMPENSATION UPDATE 02: The provisions of Senator Burr's America's Wounded Warrior Act (S 2674) and Representative Buyer's Nobel Warrior Act (HR 5509), would drastically change the disability compensation system for America's veterans. These bills are loosely based on the recommendations of the President's Commission on Care for America's Wounded Warriors (Dole/Shalala Commission), but the USDR believes the specifics of these bills would do great harm to these veterans in the following ways:

• Will offset VA Disability Compensation by Social Security when the veteran ages 65.

Now again, as I understood the conversation and panel discussion anyone under the present system would not loose their Social Security and it would not be offset at all. Now that is how I understood it in the conversations and discussions with the panel. I would suggest that all current disabled Veterans contact their local reps and senators to see if once again the Executive Branch is not trying to pull another fast one with their lies and misrepresentations. I would also recommend everyone do this immediately. We should be burning up the phone lines on this issue to even allow them to consider this unless it is for the new system only which has several other issues that are paid not included in the old system.

• Applicable to all currently discharging veterans AND any veteran under VA's current compensation system who files a subsequent claim for additional benefits.

The above one is a loser for those on the old system and in my opinion only another way to rear end the Veterans once again. That is not what the commission said in my opinion. A non hypothetical example would be those Veterans currently on the old system with a degenerating herbicide disorder. Certainly as the degenerative process takes place over time he or she should be allowed to request an additional rating decision increase and C & P based on the progress of the disease without having to be forced to the new system and fight the damn VA all over again!

• Once under the new system the veteran cannot return to the current system.

This obviously would be OK if (and that is a big if) the new system is more equitable. That has yet to be proven or tried, only theorized. We have no idea what the criminals at the VA will do given the legislative, judicial, and Executive Branch power they have as an Administrative Agency.

• The present protection for ratings in effect for 10 or more years would no longer apply.

I personally see nothing wrong with this as SS can call you back at about anytime to see if you have improved. Now if they are going to cut the special widows compensation for those with 10 years and then deceased from that rating then I have a problem with it.

• Would require the VA Secretary to examine or consider:

(a) The extent to which disability compensation may be used as an incentive to undergo treatment.

(b) The appropriate injuries to be covered under the new disability rating system.

© Age as a determining factor when considering average loss of earnings capacity

Congress cannot give the VA this much non-mandated and auditable requirements of performance and accountability.

• Amends the law to provide the Secretary with authority to adopt and apply a rating schedule for specific injuries. (USDR comments) This provision would expressly limit VA authority over the Rating Schedule and places the authority in the hands of Congress. If the Congress can not correct the Sustained Growth Rate formula of Medicare Law how can it be expected the Congress would do any better with the much more complex Disability Rating Schedule?

• Provides for a quality of life payment, but only for those enrolled in the new compensation system.

• Allows or suggests: (USDR comments) That VA "may take into account the effect on potential future earnings caused by the age of the veteran at the time a disability rating is assigned.” (USDR comments) This provision would allow VA to compensate an older veteran at a lower percentage of disability than a younger veteran for the exact same disease or injury. Is this not age discrimination?

• Provides that

(a) As frequently as [the VA] considers it appropriate, [the VA] must reevaluate and ... Adjust the disability rating for any veteran receiving compensation;

(b) The VA must ... Take into account any adjustments in the rating schedule that occurred since the last assignment of a rating;

© The frequency of reevaluations would be determined by an examining physician. This places physicians back in the rating business, allows for frequent adjustments to a veteran's rating based on perceived improvement, and further allows reductions based on a change in the rating criteria even when no improvement in the disability is shown.

Once again congress cannot give the VA such things as "it considers appropriate" and "must do do this or that." That means nothing to the VA as we have seen time and time again. If congress is going to specify then specify with SHALL with congressional oversight that says we will watch your performance and this is a requirement. Not as you, the VA, see fit when or where at the benefit of the Executive Branch direction.

For these reasons, USDR is encouraging veterans to contact their legislators and strongly urge them to oppose S2674/HR5509 and any other legislation which is detrimental to and/or discriminatory against this nation's veterans. To facilitate doing this they have prepared a letter available at http://capwiz.com/usdr/issues/alert/?alert...51&queueid=[capwiz:queue_id] which can be used as is or modified for forwarding to all legislators representing your zip code by the click of a button. [source: USDR Action Alert 7 Mar 08 ++]

Kelley

[john999]

The present system protects ratings in effect for 20 years. I have a big problem with the VA dragging vets back in for re-exams. If that option exists no veteran will get a good night's sleep for the rest of their lives. A forced re-exam means a possibility of a reduction process being started on the vet. If a vet is 100% for five years now it takes extrodinary evidence to reduce him/her. If this changes expect that many vets who have been out of the workforce for years to in the line of fire.

[Pete53]

So should we ask for everything that we can think of before this goes into law. I don't think many could afford to have Social Security offset.

[robert51]

So should we ask for everything that we can think of before this goes into law. I don't think many could afford to have Social Security offset.

I think that no matter how high you can send your rating they will just say.. your VA is this and your SS is this we will take the amount of ss you get from your VA and if your already 100% PT there is no where else to go , a rip off for sure..