Supreme Court Weighs Exception To Vets Disability Deadlines
The U.S. Supreme Court heard arguments Tuesday in the case of a Navy veteran seeking an exception to the Department of Veterans Affairs' post-service claims filing deadline, arguing that his service-connected disability precluded him from understanding he was eligible for benefits in the year immediately following his departure from the military.
DoD Still Working To Complete Protections For Military Tenants
Defense officials are still working with five privatized housing landlords to provide all the protections under the enant bill of rights to 10,056 military families, according to a Pentagon watchdog report.
Meet The New Leaders Of The Space Force And US Strategic Command
Senate lawmakers confirmed the next leaders of U.S. Space Force and U.S. Strategic Command on Thursday during wrap-up work ahead of the October recess.
VA Offers More Than $11M In Grant Funding To Provide Legal Services For Homeless Veterans
By:VA Office Of Public Affairs / VA.gov
As a part of ongoing efforts to end Veteran homelessness, the Department of Veterans Affairs published a Notice of Funding Opportunity for more than $11 million in legal services grants for Veterans experiencing or at risk of homelessness.
Providing representation in landlord-tenant disputes to prevent eviction.
Assisting with court proceedings for child support, custody or estate planning.
Helping Veterans obtain disability compensation and other benefits.
Providing criminal defense services for certain issues that are symptomatic of homelessness, such as outstanding warrants, fines and driver's license revocation.
Upgrading characterization of discharges or dismissals of former members of the Armed Forces.
"Veterans who face legal challenges are more likely to become homeless," said VA Secretary Denis McDonough. "Through these grants, VA is providing Veterans with the legal assistance they need to access the housing they deserve."
This funding will be awarded in grants of up to $150,000 to 75 eligible organizations, with at least 10% of funding being utilized for women Veterans. The Notice of Funding Opportunity provides information about the grant program eligibility and award process. VA will host a technical assistance webinar for grant applicants in October. Monitor VA's homeless LSV website for webinar information and updates. Applications must be submitted by Dec. 30, 2022.
Updates the Program of Comprehensive Assistance for Family Caregivers (PCAFC) of the Department of Veterans Affairs (VA) by requiring the VA to continue providing assistance to a family caregiver for at least six months after the death of a veteran participating in the program.
Requires the VA to establish a process by which veterans who are determined to have the most significant need for caregiver assistance are permanently eligible for such assistance.
Requires the VA to standardize the criteria used across all facilities in its required evaluations of the needs of the veterans and the skills of the family caregiver.
Standardizes criteria used in accepting and evaluating applications for participation in the program across all facilities.
Support the CHAMPVA Children's Care Protection Act!
This bill provides that a child shall be eligible for medical care under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) until the child's 26th birthday, regardless of marital status.
Support the AUTO for Veterans Act!
Link to Advocacy Campaign: https://www.votervoice.net/AFSA/campaigns/92795/respond
Legislation Summary
The Advancing Uniform Transportation Opportunities for Veterans "AUTO" Act would reduce the financial burden incurred by virtue of military service by ensuring severely disabled veterans receive a grant from the VA's Automobile Assistance Grant program to purchase a specially equipped vehicle once every ten years - as opposed to only once.
Support the Aid and Attendance Support Act!
Link to Advocacy Campaign: https://www.votervoice.net/AFSA/campaigns/92792/respond
Legislation Summary
The Aid and Attendance Support Act temporarily increases eligible disabled veterans' and surviving spouses' Aid and Attendance (A&A) allowance by 25%.
Support the Ensuring Survivor Benefits during COVID-19 Act!
The Ensuring Survivor Benefits During COVID-19 Act requires the VA to solicit a medical opinion to determine if a service-connected disability was the principal or contributory cause of death in situations where a veteran's death certificate identifies COVID-19 as the principal or contributory cause of death, the certificate does not clearly identify any of the veteran's service-connected disabilities as the principal or contributory cause of death, and a claim for dependence and indemnity compensation is filed with respect to the veteran.
Ensures Reservists and National Guard members have no-fee healthcare through TRICARE Reserve Select that covers medical and dental coverage.
Fixes the parity gap for Reserve Component retirees receiving early retirement pay due to deployment credits making them eligible for TRICARE upon receipt of retirement pay.
Provides an incentive for small businesses to hire Reserve and National Guard members by ensuring their healthcare costs are covered.
Ensures service members can access physicals needed to be ready for no-notice deployments (which have increased over the past year).
Eliminates the statutory language that excludes Federal Employees Health Benefits Program eligible service members from TRICARE Reserve Select eligibility.
Support the Advancing Toward Impact Aid Full Funding Act!
Link to Advocacy Campaign: https://www.votervoice.net/AFSA/campaigns/92818/respond
Legislation Summary
The Advancing Toward Impact Aid Full Funding Act would:
Split Impact Aid's $1.1 billion request evenly over five years, across three main categories for funding: Basic Support, Federal Property, and Children with Disabilities.
Increase Basic Support funding by $190 million annually, meeting Impact Aid's 2019 funding requests.
Increase Federal Property funding proportionally to Basic Support (BSP) by allocating an additional $11 million annually.
Increase funding for Children with Disabilities by $9 million annually, funding $2,000 per eligible student.
Advance national K-12 school systems to become more equitable and meet educational needs.
Support military families that are especially impacted by federally tax-exempt land.
Support the Health Care Fairness for Military Families Act!
Link to Advocacy Campaign: https://www.votervoice.net/AFSA/campaigns/92815/respond
Legislation Summary
Modifies the extension of dependent coverage under TRICARE by allowing a dependent at the age of 26 to be covered without an additional premium.
Authorizes such coverage of dependents without a premium regardless of whether they are eligible to enroll in an employer-sponsored plan.
Support Expanding TRICARE Cranial Remolding Helmet Coverage!
Link to Advocacy Campaign: https://www.votervoice.net/AFSA/campaigns/92802/respond
AFSA urges our nation's elected officials to support legislation that would expand the scope of TRICARE's coverage of the DOC Band Post-Op device if your baby:
Is three to 18 months old; and
Is diagnosed with craniosynostosis or nonsynostotic positional plagiocephaly (to include torticollis)
Support the Jobs and Childcare for Military Families Act!
Link to Advocacy Campaign: https://www.votervoice.net/AFSA/campaigns/92799/respond
Legislation Summary
Allow an employer a work opportunity tax credit for hiring the spouse or domestic partner of a member of the Armed Forces.
Specifically, an employer may receive a tax credit equal to 40% of a new employee's first-year wages if the employer hires a service member's spouse or domestic partner (as recognized under state law or by the Armed Forces).
Create programs for service members to pay for childcare on a pretax basis.
Specifically, the Department of Defense and the Department of Homeland Security (with respect to the Coast Guard) must implement flexible spending arrangements that permit members of the Armed Forces to use basic pay and compensation to pay on a pretax basis for dependent childcare.
Support the Retired Pay Restoration Act!
Link to Advocacy Campaign: https://www.votervoice.net/AFSA/campaigns/92798/respond
Legislation Summary
Allowsthe receipt of both military retiredpay and veterans' disability compensation with respect to any service-connected disability.
Extends full concurrent receipt eligibility to individuals who were retired or separated after at least 20 years of military service due to a service-connected disability.
Call To Action:Share How TRICARE's coverage of the Dynamic Orthotic Cranioplasty (DOC) Band Post-Op device negatively impact your family's quality of life!
For the past year, our Military and Government Relations Team has been working with AFSA military families on getting legislation introduced that would expand the scope of TRICARE's coverage of the DOC Band Post-Op device if a baby:
Is three to 18 months old; and
Is diagnosed with craniosynostosis or nonsynostotic positional plagiocephaly (to include torticollis)
Despite unsuccessful efforts (via FOIA request) to obtain important data for the purpose of quantifying the need of this issue in the aggregate, our Team is looking to hear from the field to share your story and help have your voice heard by members of Congress.
Issue Background
Helmet therapy is used to gently correct the shape of babies' skulls over time.
Newborn babies' skulls are soft plates with spaces between them. As the baby grows, these plates grow, gradually harden, and knit together.
Unfortunately, there are circumstances under which the soft plates may develop a flat spot or uneven appearance. This condition is called plagiocephaly.
Today, almost one in two babies (47%) is affected by some form of plagiocephaly.
When the baby's skull joins together too early, or in an abnormal way, this is called craniosynostosis. There are several types of craniosynostosis, depending on when the baby's skull joins together.
Today, it is estimated that 1 in every 2,500 babies has craniosynostosis.
Positional skull deformities and/or abnormalities - whether diagnosed as a form of plagiocephaly or craniosynostosis - can have short and long term health effects on a child.
However, despite this, TRICARE only covers the Dynamic Orthotic Cranioplasty (DOC) Band Post-Op device, synonymously referred to as a "molding helmet," if your baby:
Is three to 18 months old; and
Has had craniosynostoris surgery;
But still has a misshaped skull.
In other words, cranial molding helmet(s) are not covered for the treatment of nonsynostotic positional plagiocephaly or for the treatment of craniosynostosis before surgery; despite medical evidence that suggests the presence or absence of congenital or acquired plagiocephaly (to include torticollis) can, at the very least, increase the risk of gross motor development.
In fact, according to the American Academy of Pediatrics school-aged children with moderate to severe plagiocephaly scored lower than controls on cognitive and academic measures.
As a result, military families - who face unique challenges given the sacrifices that come along with serving our country - have been put in the tragic position to either front the hefty cost of the helmet (approximately $2,000), seek alternative forms of treatment that may not be preferred, or forego treatment altogether.
We are pleased to share the AFSA Set-It-Forever/Auto Pay procedures and marketing materials to help share the process with our members, your membership and potential new recruits.
The Set-It-Forever/Auto Pay program creates an opportunity to JOIN AFSA or RENEW a membership by making a $36 once-a-year/every-year auto payment, or a $4-each-month/every- month auto payment. The $36 once-a-year option is set at $36, and the $4-a-month option includes a bank processing fee of $1 each month.
Review the two ways to enroll, the benefits to using the auto-pay option, and the marketing materials to help share the details of this program and ensure its success.
For questions, please contact AFSAHQ Member & Field team at 800-638-0594 x 288.
Please Update Your Contact Information Today!
Dear Air Force Sergeants Association Member,
In order for the AFSA to effectively communicate with our members, it is essential to ensure we have your current and / or valid e-mail address. We are in the process of updating our records and need your help! Please take a moment to ensure that we have your most current mail and email address (no .mil's); and accurate membership listing information.
We've made it easy, as you can update your information in either one of three ways:
Call Member & Field Relations team directly at 800-638-0594 x 288 (Mon. - Fri. 8:00 am to 5:00 pm (EST)
Email to: msvcs@hqafsa.org
Visit www.hqafsa.org and select the UPDATE button on the right
We thank you in advance for your support and prompt updates.
In sum, Under Arellano v. McDonough, the question of whether a veteran's right to benefits beginning on the date of discharge should be waived in exceptional circumstances is at stake. This right has a one-year post-discharge window.
Veterans are currently allowed to file a disability claim at any time throughout their lives, but if they don't do so within the first year, they will only be eligible for benefits beginning on the date of filing. From 1971 to 1981, Adolfo Arellano served in the Navy. Arellano was nearly washed overboard when the ship he was assigned to, the Midway, collided with a commercial ship. According to prosecution documents, he saw two service members die and many more be hurt. He thus experienced serious mental health issues.
James Barney, a partner with the Washington, D.C., law firm Finnegan, who is representing Arellano, claimed during the hearing on Tuesday that Congress had previously outlined exceptions to its statutes of limitations, including for veterans seeking disability pensions, and that it intended to do the same for disability compensation claims.
Additionally, he contended that the VA has the right to decide on mitigating circumstances and that the veteran should win out in disputes.
In addition, the right of military families to engage in a dispute resolution procedure or to have their Basic Allowance for housing rent payments held in escrow until the dispute resolution procedure is finished has not yet been implemented by landlords at five Air Force locations. These two safeguards, in the eyes of many families, are crucial for enhancing privatized housing.
According to the DoD Inspector General report published on October 3, defense officials have worked with the 14 landlords operating privatized housing at 172 locations across the country and have successfully negotiated agreements with all but five landlords for each of the 18 rights protections in the DoD tenant bill of rights. All other Air Force, Army, Navy, and Marine Corps locations have had 18 safeguards in place for their military families living in privatized housing for more than a year.
The remaining rights are not in effect at the following five Air Force installations:
Boyer Hill Military Housing at Hill Air Force Base, Utah
Burlington Capital Real Estate at Offutt Air Force Base, Nebraska
JL Properties at Joint Base Elmendorf-Richardson, Alaska
Miller-Valentine Group at Wright-Patterson Air Force Base, Ohio
United Communities at Joint Base McGuire-Dix-Lakehurst, New Jersey
And lastly, following the chamber's unanimous approval of the nominees, Lt. Gen. Bradley Saltzman will become the second-ever chief of space operations, and Air Force Gen. Anthony Cotton will take over as commander of U.S. Strategic Command. Both are anticipated to officially assume their new positions in the upcoming days.
The non-controversial actions were part of a flurry of military confirmations that were concluded late on Thursday afternoon. Both individuals garnered enthusiastic support from the senators in the Senate Armed Services Committee during hearings on their nominations earlier in September.
And that's the way it is for Thursday, October 6, 2022.
Stay tuned for our next M&G-B, where we will continue to keep you in the loop on all things pertinent to the coronavirus, veterans, active-duty members, guards and reservists, and military family members. Stay happy, and stay healthy!
