NewsBytes June 7, 2019
In this issue:
Blue Water Navy Veterans Can File Disability Claims
House Armed Services Subcommittee Markup NDAA
Discharge Petition for SBP/DIC Offset Repeal
VA MISSION Act Implementation
D-Day 75th Anniversary
Procopio Decision Final: Blue Water Navy Veterans get Presumption for Disability Claims
This week the Department of Justice (DOJ) announced it will NOT appeal the Procopio v. Wilkie Decision. This decision extends the presumption for VA disability claims to the Blue Water Navy veterans who served off the coast of Vietnam and who were exposed to toxic chemical defoliants during the Vietnam conflict.
In January 2019, the U.S. Court of Appeals for the Federal Circuit in Washington D.C., in a 9-2 decision extended presumptive VA disability benefits to the Blue Water Navy Vietnam veterans who were exposed to toxic chemical defoliants. The DOJ had until June 28, 2019 to decide if it wanted to appeal the decision. The FRA is listed as a “friend of the court” by the petitioner Blue Water Navy Veteran, Mr. Procopio.
The FRA wants to thank Shipmates that weighed in on this issue through the FRA Action Center. The association still supports the Blue Water Navy Vietnam Veterans Act (H.R.299 & S.1195) that will ensure that the VA interrupts Procopio correctly and expands presumption for certain Korean veterans and benefits to children with spina bifida with at least one parent who served in Thailand.
House Armed Services, Military Personnel Subcommittee Markup NDAA
Led by Chairwoman Rep. Jackie Speier (Calif.) and Ranking Member Rep. Trent Kelly (Miss.), the House Armed Services Committee, Military Personnel Subcommittee unanimously approved its portion of the FY2020 National Defense Authorization Act (NDAA-H.R.2500). Key provisions in the markup include:
• No TRICARE fee increases.
• Prohibiting the Department of Defense (DoD) from realigning or reducing military medical end strength until analyses are conducted on impact on combat readiness, quality of care and the availability of health care services for beneficiaries.
• Requiring DoD to conduct a review policy and submit a report on suicide among members of the Armed Forces.
• Providing the full 3.1 percent active duty annual pay increase that keeps pace with civilian pay.
• Requiring 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.
• Increasing maximum reimbursement amount from $500 to $1,000 for state licensure and certifications of a military spouse due to relocation.
The FRA opposes the controversial plan to cut more than 17,000 military medical billets over three years and welcomes the two-year delay provided in the House subcommittee markup to determine the impact on access and quality of care for beneficiaries. The subcommittee markup will go to the full House Armed Services Committee for their markup and then onto the full House for consideration.
The Senate Committee has already marked up its version of the defense authorization bill (S.1215) and the bill is awaiting consideration by the full Senate in two weeks. Once both chambers pass their version of the NDAA, a conference committee will be appointed to resolve the differences between the two bills. Once that occurs both chambers will vote on the final bill, and if approved by both chambers the bill will go to the President to be signed into law or be vetoed.
Discharge Petition for SBP/DIC Offset Repeal
Rep. Joe Wilson (S.C.), sponsor of the FRA-supported SBP/DIC offset repeal (H.R.553), has filed a Discharge Petition for the legislation. A discharge petition allows a bill to be released from committee and sent to the House floor for a vote if a majority of Representatives (218) approves the petition. The SBP/DIC offset for survivors, is sometimes referred to as the Military Widows Tax.
Eliminating the DIC dollar-for-dollar offset to SBP annuities for eligible survivors would correct an inequity that has existed for many years. Each payment serves a different purpose: DIC is a special compensation paid by the Department of Veterans Affairs (VA) to the survivor when a military member’s death is service-connected. SBP annuities are paid by the Department of Defense (DOD), reflect the longevity of the service of the military member. They are usually calculated at 55 percent of covered retired pay for retirees who elect to participate. It ensures their family has a guaranteed income after his/her death.
Members are urged to use the FRA Action Center to contact their U.S. Representative to ask them to support the discharge petition.
VA MISSION Act Implementation
The FRA-supported VA MISSION Act was signed into law on June 6, 2018, NED Tom Snee and DLP John Davis attended the bill signing ceremony at the White House. A year later the law is being implemented by the Department of Veterans Affairs (VA). Under the new law, the Veterans Health Administration will undergo structural changes that give veterans greater access to the health care they earned.
Fully implementing this new law is going to take years. Among other things, the VA has to integrate community care programs, update payment systems and conduct a review of the department’s assets and infrastructure. These major changes to VA structure are scheduled over the next several years with progress review dates for accountability.
Another important provision of the new law is the expansion of the VA Caregiver Program that was expanded to include benefits for all badly disabled veterans. Previously it applied to veterans disabled after 9/11/2001. The FRA will continue to monitor implementation of all these important provisions of this law to ensure that veterans continue to benefit from this new law.
D-Day 75th Anniversary
President Donald Trump attended a ceremony celebrating the 75th anniversary of the World War II invasion of Normandy, France by Allied troops, commonly referred to as D-Day. Attendees at the event included American D-Day veterans. The event honored those who participated in the largest naval invasion in history that eventually lead to the end of the war in Europe.
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