News-Info-Alerts

Re: Administration Considering Change to POW Benefit Requirement

From: POW-MIA InterNetwork

Date: July 16, 2003

AII POW-MIA Comment: Considering this White House ran on the promise to get rid of the Veterans Disability Tax - also known as "The Retired Pay Restoration Act of 2003" - and has now agressively acted to see it never goes through - and Bud Day's "Tricare For Life" lawsuit was refused by the Supreme Court - don't hold your breath that this will pass unless there is some political gain to be achieved.

The Veterans Disability Tax is an obscene piece of law that penalizes lifetime, career military people who have the misfortune of also having a disability. Give the USG 20, 25, 30 years of your life at bad pay, poor benefits and substandard living conditions (anyone remember all the active duty families on food stamps???) and when you retire you get a pension. Not a great pension, but a pension nonetheless. Spouses then must pay monthly into the pension in case the retiree dies so the spouse can receive 55%, otherwise it is lost. Then you pay into Tricare, pay for dental, pay for life insurance and pay some more. (Anyone who thinks this is a free ride hasn't a clue.)

THEN, if the retiree happens to have a VA ratable disability, instead of getting the few dollars such a disability may rate, the disability money is DEDUCTED from the pension.

Although this Administration promised veterans an end to this travesty, it has now made it patently clear that the US Treausry cannot afford to lose the estimated 3 to 5 billion $US that goes to USG coffers by this penalty tax. Disabled career military people would only recieve a couple hundred a month more, enough to make a major difference in most of their lives. But the USG doesn't want to lose a penny. How about sending a couple hundred million less to each of the belligereant nations who get billions from the us every year and redirect it into the Treasury so we can treat our disabled, lifetime military folks a little bit better?

As far as Bud Day's lawsuit, let's backtrack a bit. Recruiters have used the "Tricare For Life" (or Champus or whatever incarnation it has been over the years) as an inducement to sign on the dotted line. "Give us 20 and we'll give you medical care for life." It has been going on for decades.

However, it's a lie. At 65, military retirees lose their medical and are shoved into Medicare. In addition they are forced to pay out of pocket for the Part B coverage. So much for life, it should be called Tricare Until 65.

Bud Day, a former POW from SEA and MOH recipient, along with other retirees began a lawsuit some time back to challenge the USG to keep their promise. The suit has been battered in court with the USG's stance that the Recruiters were acting as independent agents and had no authorization to make such a promise. Congress says it never authorized the promise, therefore it is not binding. After 7 years and lots of legal wrangling the case made its way to the Supreme Court, which refused to hear it.

"A seven-year court challenge by elderly military retirees, who say the government reneged on promises of free lifetime healthcare, came to an end June 2 when the U.S. Supreme Court declined to hear their appeal.

In refusing to accept the case for review, the justices let stand a Nov. 18, 2002, decision by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., that recruiter promises of free lifetime care were not backed by statute and therefore not binding contracts on the government.

Retired Air Force Col. George "Bud" Day, lawyer for the retirees, said he was "extremely disappointed" that the high court declined review "at a time when we have young people committed to war in the Middle East and when the honor of the country, in terms of doing what we say we're going to do, is at stake."

And Recruiters are still making the same promise.

Let's hope the former POWs fare better than their brothers and sisters in uniform.

End of Rant

"VA Benefits Could Expand for Former POWs

Special to American Forces Press Service

WASHINGTON, July 15, 2003 – President Bush has proposed legislation to Congress that would improve benefits for former prisoners of war, responding to the needs of Operation Iraqi Freedom POWs.

"What we're proposing is to eliminate the current requirement in federal law that a former POW must be detained for at least 30 days in order to qualify for full POW benefits," said Secretary of Veterans Affairs Anthony J. Principi.

For its disability compensation program, the Department of Veterans Affairs currently presumes that certain medical conditions in former POWs held at least 30 days are related to their captivity. This allows veterans to obtain financial benefits without providing evidence directly linking a medical problem to captivity.

"That may have made sense years ago for some conditions linked to nutritional deficiencies, but even a few days enduring terror at the hands of enemy captors may lead to other conditions," Principi said.

The VA proposal also would improve dental care eligibility and exempt former POWs from current co-payments for medications for non-service-connected conditions. Currently, some ex-POWs may be charged $7 for drugs that treat conditions unrelated to their service.

The current presumptions in law recognize that military medical records do not cover periods of captivity, which make it difficult for a veteran to provide evidence of the conditions endured. VA pays tax-free disability compensation ranging from $104 to $2,193 monthly, depending on the degree of disability, with additional sums for dependents.

"Studies have shown that the physical hardships and psychological stress endured by POWs have life-long effects on health and on social and vocational adjustment," Principi said.

Because benefits have changed over the years, VA took steps earlier this year to ensure that all former POWs are aware of benefits to which they are entitled. VA's outreach included mailing benefits information to more than 10,000 former POWs currently receiving compensation as well, as another 4,700 known ex-POWs not on its rolls.

Early feedback indicates that VA is receiving hundreds of claims from POWs for new benefits or for higher disability ratings.

VA is taking special efforts to process the claims of older veterans quickly, including those of former U.S. POWs who served in World War II. The average age for this group is 82.

VA maintains a Web site with detailed information on its benefits for former prisoners of war at http://www.vba.va.gov/bln/21/Benefits/POW/.

(Based on a VA news release.)"