TREA Washington Update for November 21, 2008

Compiled by TREA Washington Office
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The members of Congress are heading home for the Thanksgiving holiday, but Congress has not yet adjourned for the year. There is the possibility they will return on December 8 to deal with the crisis of the U.S. automakers. While most of the time this week was spent dealing with the nation’s economic crisis, there was a House Veterans Committee hearing on the Department of Veterans Affairs’ strategies to implement a new G.I. Bill. However, there was no Congressional action on any issues dealing with veterans or military personnel.

There were, though, several announcements from the Departments of Veterans Affairs and Defense that will be of great interest to most of our readers. You will find them below.

Because of the Thanksgiving holiday next week, there will be no Legislative Update from TREA’s Washington Office. We will resume the Update in the first week of December. In the meantime, we wish you all a very Happy Thanksgiving!

1. Secretary Peake Announces Travel Reimbursement Increases for Eligible Veterans - The U.S. Department of Veterans Affairs (VA) announced this week that eligible veterans will see an increase in the mileage reimbursement they receive for travel to VA facilities for medical care. Secretary of Veterans Affairs Dr. James B. Peake said he will use his authority to raise the mileage reimbursement from the 28.5 cents per mile to 41.5 cents per mile for all eligible veterans.

“We owe it to our veterans to give them the best care possible,” said Peake. “The increase will once again provide assistance to our veterans, especially in these difficult economic times, to help offset gasoline costs and to assist veterans with access to the VA’s world-class health system.” 

Congress, which mandates such increases, recently provided funding to VA to increase the reimbursement rate, which goes into effect on November 17, 2008. Service connected veterans, veterans receiving VA pensions, and veterans with low incomes are eligible for the reimbursement.

“As I have travelled the country and spoken with many of our veterans, they have expressed the need for such an increase,” added Peake. “We are pleased to be able to provide them with the increase needed and we will continue to work with our veterans to ensure they receive the quality care they need.”  

While increasing the payment, the current deductible amounts applied to certain mileage reimbursements will remain frozen at $7.77 for a one way trip, $15.54 for a round trip, and capped at a maximum of $46.62 per calendar month. On January 9, 2009, these deductibles will decrease to $3 for a one way trip, $6 for a round trip, with a maximum of $18 per calendar month. Deductibles can be waived if they cause a financial hardship to the veteran. 

2. VA Expands Protections for Veterans with Missing Paperwork - This week the Department of Veterans Affairs (VA) also announced special procedures for processing claims from veterans, family members, and survivors whose applications for financial benefits from VA may have been mishandled by VA personnel. These special procedures come after an audit by VA’s Inspector General found documents waiting to be shredded at some of VA’s regional offices that, if disposed of, could have affected the financial benefits awarded to veterans and survivors.

“I am deeply concerned that improper actions by a few VA employees could have caused any veterans to receive less than their full entitlement to benefits earned by their service to our nation,” said Secretary of Veterans Affairs Dr. James B. Peake.

“In rectifying this unacceptable lapse, VA will be guided by two principles – full accountability for VA staff and ensuring veterans receive the benefit of the doubt if receipt of a document by VA is in question,” he added. 

VA worked with the six largest veterans service organizations in developing these special new procedures. The procedures will assist veterans and survivors in establishing that an application or another document was previously submitted to VA, but was not properly acted upon by VA and was not retained in the veteran’s records.

The special procedures cover missing documents submitted by a veteran or other applicant for VA benefits during the 18-month period between April 14, 2007 and October 14, 2008. VA will process any missing applications or evidence resubmitted under these special procedures as if the document had been originally submitted on the date identified by the claimant.

Veterans and other applicants have one year, or until November 17, 2009, to file previously submitted documents under these special procedures. 

Veterans not covered by these special rules who believe relevant material is missing from their files can submit additional documentation at any time. An award of benefits earlier than April 14, 2007, may be established if there is credible corroborating evidence supporting an earlier date of document submission.

When this problem of mishandled documents was uncovered on October 14, 2008, VA immediately ceased all shredding activities while it established tighter controls over all claims documents and conducted special training for all employees who process veterans’ applications.

All regional office shredding equipment and operations are now under the strict control of the facility records management officer. Every employee has been given a separate receptacle for papers appropriate for shredding. These receptacles are subject to review by supervisors and other officials.

Before any claims document can be shredded now, it must now be reviewed by two people and the facility records management officer.

VA’s Inspector General is continuing to investigate a small number of cases where inappropriate shredding may be traceable to a specific employee. Legal and disciplinary action will be initiated to hold accountable any employee who has acted improperly.

Veterans and others who are concerned about missing documents and want more information on the special processing procedures may call 1-800-827-1000 for assistance or go to our website at http://www.vba.va.gov/VBA/specialprocedures_qa.asp.

3. DFAS Announces CRSC/CRDP Open Season - If a retiree is eligible for both CRDP and CRSC, he/she may participate in the CRSC/CRDP Open Season. This annual election will be from January 1 through January 31, 2009 and allows the retiree to choose which payment is preferred (federal law states that you can receive CRDP or CRSC; not both)

Beginning in late December, eligible retirees will be mailed a CRDP/CRSC Open Season Election Form. The retiree needs to return the form only if making a change from CRDP to CRSC or vice versa. If the retiree prefers to keep things the way they are, then do nothing, and the payment the retiree now receives will continue uninterrupted.

To help the retiree make a more informed decision, the form will include a comparison of the CRDP and CRSC entitlement amounts as well as information about the collection actions and taxes to which each type of payment is subject.

If the retiree wants to change from CRDP to CRSC or vice versa, the form must be completed and postmarked by January 31, 2009. If the form or envelope is dated after this date, it will not be processed and the current payments will continue.

The change in the payment will be effective the first business day of February 2009. Due to a 30-day processing timeframe, the retiree may receive their first payment on the first business day of March 2009 and a retroactive adjustment for the payment that would have been paid on the first business day in February.

The retiree’s election will remain in effect unless changed in a subsequent annual open season.

4. News from Express Scripts (TRICARE Pharmacy) - Express Scripts, the contractor that has both the TRICARE Retail Pharmacy and the TRICARE Home Delivery (Mail Order) Pharmacy contracts, has been having a very difficult month. First, you may have heard that there was contract trouble with Walgreen staying in the TRICARE Pharmacy network. In fact, they had concluded that Walgreen would no longer be in the network. Some may have even received letters (22,000 were sent out) about it. But at the last minute the negotiations concerning audit rights were successful and there will be no changes in the network.

 Immediately after that very good news, however, we heard that someone was trying to extort money from Express Scripts. They received a letter containing “specific patient information” on 75 of their members (none of them from DoD.) The extortion note threatened to release this information and millions of other patient’s medical records if their money demands were not met. The FBI is investigating and Express Scripts has offered a million dollar award for information leading to the arrest and conviction of persons involved. There is no proof that these people have any DoD information but we can’t be sure. Express Scripts has set up a dedicated website: www.esisupports.com to get updates and information on the situation. They have also hired a New York corporation, Kroll, to provide free identity restoration services for anyone who becomes a victim of identity theft due to this incident. At this time there is no evidence that any DoD patient information has been compromised but we will keep up with the situation and let you know if anything has changed.    

5. TRICARE Encourages Beneficiaries to Give Flu Vaccines a Shot - TRICARE officials urge uniformed service families to be prepared for this year’s flu season – and an important step to do so is receive a flu vaccine.
In the United States more than 220,000 people are hospitalized and 36,000 die every year as a result of the flu and flu-related complications. Although infants and the elderly are most at risk for serious illness or death, many young people are also hospitalized or die from the flu each year. 
According to the CDC, a record number of flu vaccine doses (over 140 million) have been created for use in the United States during the 2008-09 flu season. The Department of Defense has secured over 3.5 million doses; influenza vaccinations are required for all active duty and National Guard and Reserve service members according to department-specific guidelines.

For the first time, the Centers for Disease Control and Prevention (CDC) recommend children from age 6 months to 18 years get the flu vaccination. Previously, the CDC recommended flu vaccinations for children from age 6 months to 5 years. Now, all school-aged children are encouraged to have it. 
Annual recommendations for adults have not changed. Any adult who wants to reduce the risk for becoming ill or transmitting the flu to others should be vaccinated. Vaccinations are specifically recommended for all in the following groups:

Adults aged 50 years and older

Persons aged 2 to 64 years with underlying chronic medical conditions.

All women who or may be pregnant during the influenza season.

Children aged 6 months to 18 years on chronic aspirin therapy.

Health care workers involved in direct patient care.

Household contacts and caregivers of children and those 50 or older.

TRICARE covers the vaccine in two forms: 
The flu shot is an inactivated vaccine containing a killed virus and given with a needle. This form of the vaccine may be used in all age groups. 
The nasal-spray flu vaccine, or Flu Mist, is a vaccine made with live, weakened flu viruses. This form of the vaccination is limited only to healthy people who are not pregnant or between the ages of 5 and 49. 
The flu shot is covered for beneficiaries, as long as it is administered in a doctor's office. Flu shots administered in a civilian pharmacy, drugstore or other location are not covered by TRICARE. For TRICARE for Life beneficiaries, Medicare covers flu vaccines and TRICARE is second payer, if needed.
Military treatment facilities and clinics also offer flu vaccinations. Check locally for more information.
Find out more about flu vaccines on the CDC's flu page http://www.cdc.gov/flu or the Military Vaccine (MILVAX) Agency Web site http://www.vaccines.mil/default.aspx .

6. Department of Defense Launches National Resource Directory For Wounded Warriors, Families And Caregivers - The Department of Defense announced this week the launching of the National Resource Directory, a collaborative effort between the departments of Defense, Labor and Veterans Affairs. 

The directory is a Web-based network of care coordinators, providers and support partners with resources for wounded, ill and injured service members, veterans, their families, families of the fallen and those who support them.

 “The directory is the visible demonstration of our national will and commitment to make the journey from ‘survive to thrive’ a reality for those who have given so much. As new links are added each day by providers and partners, coverage from coast to coast will grow even greater ensuring that no part of that journey will ever be made alone,” said Lynda C. Davis, Ph.D., deputy under secretary of defense for military community and family policy.

Located at http://www.nationalresourcedirectory.org, the directory offers more than 10,000 medical and non-medical services and resources to help service members and veterans achieve personal and professional goals along their journey from recovery through rehabilitation to community reintegration. 

 “The VA is extremely proud to be a partner in this innovative resource. This combination of federal, state, and community-based resources will serve as a tremendous asset for all service members, veterans, their families and those who care for them. The community is essential to the successful reintegration of our veterans, and these groups greatly enhance the directory’s scope,” said Karen S. Guice, M.D., executive director, federal recovery care coordination program at the Department of Veterans Affairs.

 “The National Resource Directory will prove to be a valuable tool for wounded, ill, and injured service members and their families as they wind their way through the maze of benefits and services available to them in their transition to civilian life. The Department of Labor is pleased to have the opportunity to work with our partners at DoD,” said Charles S. Ciccolella, the assistant secretary of labor for the veterans’ employment and training service.

The National Resource Directory is organized into six major categories: Benefits and Compensation; Education, Training and Employment; Family and Caregiver Support; Health; Housing and Transportation; and Services and Resources. It also provides helpful checklists, Frequently Asked Questions, and connections to peer support groups. All information on the Web site can be found through a general or state and local search tool. 

The National Resource Directory’s launch in November is a key feature of Warrior Care Month.