NewsBytes May 31, 2019
In this issue:
DOJ AOBWN Appeal Delayed Again
Gold Star Family Tax Relief Passes
Joint Hearing on Military and Veteran’s Suicide
Navy Chief and Chair of JCS Confirmed
DOJ Decision to Appeal AOBWN Case Delayed Again!
The Supreme Court of the United States issued a second 30-day extension to the Department of Justice (DOJ) officials contemplating an appeal of a lower court ruling (Procopio v Wilkie) that will delay the decision until the end of June. In January, the U.S. Court of Appeals for the Federal Circuit in Washington DC, in 9-2 decision, extended presumptive VA disability benefits to the so-called Blue Water Navy veterans who served off the coast of Vietnam and who were exposed to toxic chemical defoliants during the Vietnam conflict.
Mr. Procopio, a Blue Water Navy Veteran, never stepped foot on land in Vietnam and was exposed to Agent Orange during his military service off the coast of the Republic of Vietnam. Due to this exposure, he developed medical conditions consistent with other veterans who served on land and were exposed to Agent Orange. He argued that he should be entitled to a presumptive category and thereby eligible for disability benefits. FRA is listed as a “Friend of the Court” by the petitioner Blue Water Navy Veteran, Mr. Procopio.
Members are urged to use the Action Center to ask President Trump to direct the DOJ not to appeal the Procopio decision thereby requiring th eVA to provide this presumption to Blue Water Navy Vietnam veterans as they did before 2002.
Gold Star Family Tax Relief Passes House and Senate
The FRA-supported Gold Star Family Tax Relief Act bills, (S.1370/H.R.2481) have each passed their chamber of origin. These bills, first reported in 5/17/19 NewsBytes, will fix a 2017 tax law error affecting military families. These proposals sponsored by Sen. Bill Cassidy (La.) and Rep. Elaine Luria (VA) are intended to fix a special tax dating back to 1986 that was intended to stop wealthy parents from sheltering income by shifting it to their children with lower tax rates, inadvertently causing higher taxes on military survivor benefits. This bipartisan legislation effectively removes this provision (A.K.A. Kiddie Tax) from the special 1986 tax, resolving the unintended tax treatment of survivor benefits. Because of this mistake in the tax code, military families could now be paying a 37 percent tax rate, instead of 12 to 15 percent, on the survivor benefits.
“This bipartisan legislation helps those who lost a husband or wife, a father or mother, serving in the military to protect us. This legislation fixes an unintended problem and lessens the taxes of the surviving spouse,” said Dr. Cassidy. “The Tax Cut and Jobs act has helped millions. I thank Democratic colleagues for joining to improve the law and ensure more Americans benefit.”
“Gold Star Families have already paid the ultimate price, so it broke my heart when a surviving spouse from Coastal Virginia alerted me to this injustice,” Rep. Luria said. “I knew I had to fight for her in Congress to fix a broken system that should be working for her and her family.”
Members can use the FRA Action Center on the website to weigh in on this issue.
HASC-MP and HVAC-H Hold Joint Hearing on Military and Veteran’s Suicide
The House Armed Services, Military Personnel and the House Veterans Affairs, Health Subcommittees held a joint hearing to discuss veteran and military suicide. There were 321 active duty suicides and 144 reserve component suicides in 2018. Active duty suicide is at its highest rate since 2012.
House Armed Services, Military Personnel Subcommittee Ranking Member Rep. Trent Kelly (Miss.) noted that on average, 20 veterans commit suicide every day. House Armed Services, Military Personnel Subcommittee Chair Rep. Jackie Speier noted that we must eliminate the stigma of mental health in the military and the veteran’s community. More than half of those service members and veterans who commit suicide did not seek help.
The Pentagon has implemented a number of suicide prevention and awareness programs, but suicide remains a troubling challenge for the military services. DoD is scheduled to release a study on military suicide in the near future.
Data released by the VA this past fall, found that the suicide rate for veterans was 1.5 times greater than for the general population in the U.S., amounting to nearly 20 veterans a day. The suicide rate for veterans aged 18 to 34 increased by more than 10 percent from 2015 to 2016, based upon the most recent VA data available. Military and veteran suicide is a high priority for the FRA and the association will continue to raise awareness of this issue.
New Navy Chief and new Chairman of JCS Confirmed
The Senate confirmed Admiral Bill Moran, to become the Navy’s 32nd Chief of Naval Operations to replace CNO Admiral John Richardson. The CNO is the Navy’s top admiral, is a member of the Joint Chiefs of Staff and reports to the Secretary of the Navy. The Senate also confirmed Vice Admiral Robert Burke to be a four-star admiral and replace Moran as vice CNO. In addition the Senate confirmed Army General Mark Milley to be the next Chairman of the Joint Chiefs of Staff.
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