NewsBytes July 12, 2019
In this issue:
House Passes NDAA
AO/BW Claims Effective Jan. 1, 2020
CNO Nominee Drops Out
House Passes NDAA
As NewsBytes goes to press the House is expected to pass its version of the National Defense Authorization Act (NDAA-H.R. 2500). The Senate passed its version of the NDAA (S.1790) this past June. A floor amendment that would extend concurrent receipt for retirees with Concurrent Retirement and Disability Payments (CRDP) rated less than 50 percent disabled was not called for a vote. A similar amendment in the Senate was also not called for a vote. The House bill includes an FRA-supported provision to repeal the SBP/DIC offset known as the Widow’s Tax.
Neither bill has a TRICARE fee increase. The Senate bill allows for the Administration’s proposal for drastic cuts in military medical staff (down to 18,000 from the current 130,000). The House bill delays the proposed cuts to military medical staff until FY 2021 and requires a study to review the impact. FRA supports the House provision.
Another major difference between the House NDAA and the Senate NDAA is the top-line spending for the Department of Defense (DoD). The House bill provides for $733 billion and the Senate bill (S. 1790) provides $750 billion. It should be noted that neither spending level will occur unless Congress eliminates or raises the spending caps on sequestration. Other key provisions in the House bill include:
• Pay increase that keeps pace with civilian pay (3.1%);
• Continuing reforms of sexual assault and prevention;
• Increasing end strength for Navy and Marine Corps;
• Prohibiting the Marine Corps from segregating men and women in boot camp within five years;
• Requiring DoD to conduct a review policy and submit a report on suicide among members of the Armed Forces;
• Requiring the DoD to develop an assessment tool to measure health and safety hazards in DoD housing to include privatized housing;
• Mandating exposures to burn pits and blast events to be recorded in a service member’s medical record; and
• Increasing maximum reimbursement amount from $500 to $1,000 for state licensure and certification of a military spouse due to relocation.
Now that both chambers have passed their version of the FY2020 Defense Authorization, a conference committee will be appointed to resolve the differences between the two bills. That bill will be submitted to the House and Senate for approval. If approved by both chambers the bill will go to the President to be signed into law or be vetoed.
AO/BW Claims Effective Jan. 1, 2020
Disability benefits for Blue Water (BW) Navy veterans now fall into the presumption category of service connection for conditions related to Agent Orange exposure, thanks to the FRA-supported, “Blue Water Navy Vietnam Veterans Act” (H.R.299 - Public Law 116-23). The law which was signed in June will take effect Jan. 1, 2020. Addressing the issue of a long delay, Department of Veterans Affairs (VA) Secretary Robert Wilkie said the postponement is designed to “ensure that we have the proper resources in place to meet the needs of our Blue Water veteran community and minimize the impact on all veterans filing for disability compensation.”
Presumptive Agent Orange conditions granted for BW Navy Veterans may be retroactive to the date the VA received their original claim. If BW veterans had a previously denied claim they must resubmit their claim, the effective date will be determined on a case-by-case basis. Veterans who served in the seas around Vietnam and were previously denied claims related to Agent Orange exposure can file new claims under the changed rules. VA officials said veterans older than age 85 or with life-threatening illnesses will have priority in claims processing.
If the claimant dies while their claim is pending, a living dependent, such as a spouse or child, may file a request to be substituted as the claimant. If the veteran served on a ship that that operated not more than 12 nautical miles from the demarcation line of the waters of Vietnam and Cambodia, as defined in the new law, and the cause of death was from a condition related to exposure to Agent Orange, then the VA may award entitlement to DIC on that basis.
The VA has set up an information website for veterans and family members.
CNO Nominee Drops Out
Admiral Bill Moran has withdrawn his nomination to become the next Chief of Naval Operations (CNO) and has retired from the U.S. Navy. His sudden retirement is in response to an “open investigation” of e-mail exchanges with Chris Servello, a retired former staffer. Servello was involved in an incident at a 2016 Pentagon Christmas party where he dressed up as Santa Claus and allegedly behaved inappropriately with female staff. Admiral Moran was nominated for CNO and was approved by the Senate without the issue being raised.
Navy Secretary Richard Spencer will nominate the three-star former head of Navy’s Cyber Command, Vice Admiral Michael Gilday to become the 32nd chief of naval operations. He’ll succeed Admiral John Richardson.
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