Possible Grounds For A Class Action Law Suit

[Guest SSG-Rich]

When I became 100% T&P I was told that the VA would take care of all of my health care.

Well, I have finally gotten the SSA to agree that I am disabled and have been granted SSD.

Then I get a notice that I will have to pay $78/month premium for Part B+deductibles+co-pays.

If the VA is responsible for providing me with complete healthcare, why should I have to pay a monthly premium for Medicare? Doesn't that represent an unfair tax burden on disabled veterans? And, if I seek treatment outside the VA and have to pay deductibles, and co-pays and a claim is filed with Medicare, doesn't that just transfer costs that are the VA's responsibility thus hidding the true costs of caring for disabled veterans?

Could we possibly have a smart lawyer out there that could find a way to get a class action lawsuit started to at least force the VA to cover the Medicare Premiums, Deductibles and Co-pays for 100% T&P Veterans?

I am already on a fixed income and for Medicare to tell me that in order to continue my Part B coverage, my premium for 2006 is going up to over $80 is like a slap in the face.

I contacted Medicare and my Senator and was infromed that Part B was "not-required" but I was also informed that I should keep it because if I don't it would be even more expensive to add it later on.

Why can't the VA just issue Fee-Basis cards to all totally disabled veterans (100% T&P) who also recieve SSD and let them get their healthcare where they want. It would free up scarce VA facilities to treat those others who wouldn't qualify and would put the costs into the budget that is supposed to cover us.

Either that or they could pay my premiums, deductibles and co-pays and let Medicare cover the rest and that would free up scarce VA funds by transfering costs to Medicare.

Either way, I don't feel that 100% T&P veterans who are also recieving SSD should be have to worry about Medicare costs. We earned our right to free medical care and this is a violation of that right.

I await any responses to this, especially from lawyers!

SSG Ed Richardson

US ARMY Disabled Veteran

[Jay Johnson]

Va and medicare are seperate issues. You can opt. out of medicare part B and still get 100% coverage from the VA as a 100% SC vet. What you are refering to is a new bill passed in Jan. 05 that forces those eligible for part B AND tricare (retired military) to use medicare part B as their primary insurance. If you do not use tricare and/or civilian health care in general then you have no need for medicare part B, but if you used tricare prime in the past you MUST opt. into medicare part B as tricare will only pay as a secondary insurance if you are "B" eligible.

In other words, if you never used tricare then call/write SS and tell them to remove you from part "B"...you have no choice on part "A", but it is free (hospitalizations).

P.S. - The new bill does NOT affect your dependents. They can still be enrolled in tricare prime at a reduced rate as you will not be enrolled yourself.

[john999]

Jay

How does this law affect those using ChampVA? As paranoid as I am I want all the medical insurance I can get including Part B for me and my wife. I would not rely on the VA to treat my dog if I had a dog. My wife has ChampVA and has many years before having to deal with medicare.

[Jay Johnson]

Jay

How does this law affect those using ChampVA? As paranoid as I am I want all the medical insurance I can get including Part B for me and my wife. I would not rely on the VA to treat my dog if I had a dog. My wife has ChampVA and has many years before having to deal with medicare.

I'm not terribly familiar with ChampVa as we use tricare, but I did manage to find a link that explains medicare as it relates to ChampVA for you - ChampVa .

As far as I can tell ChampVa was not affected by the same law as tricare, though there does seem to be some older laws (2001) which link medicaer and ChampVA. Hope the link helps.

Edited October 17, 2005 by Jay Johnson

[john999]

Thanks Jay

There is much confusion on the part of providers on the difference between champVA and tricare. I have had a lot of trouble finding a primary care doctor for my wife who takes ChampVA. They are happy to take medicare and Blue Cross.