Home > 400 Disabled Veterans Raise Hell At Congressional Hearings On VA Budget

400 Disabled Veterans Raise Hell At Congressional Hearings On VA Budget

by Open-Publishing - Saturday 12 March 2005
110 comments

Edito Wars and conflicts Economy-budget USA

By Leo Shane III, Stars and Stripes

WASHINGTON - Hundreds of disabled veterans booed and jeered Republican House members on Tuesday for their budget proposal for veterans’ health care, which critics call inadequate to deal with the future needs of current troops.

Following testimony before a pair of congressional committees by officials from the Disabled American Veterans, or DAV, the crowd of more than 400 wounded and disabled veterans cheered House members who criticized the president’s budget plans and heckled representatives who defended the spending.

The loudest heckling was reserved for House Veterans’ Affairs chairman Rep. Steve Buyer, R-Ind., who was criticized by Democrats on the committee and rebuked the crowd at one point by saying "where the river is the shallowest, it makes the most noise."

The proposed 2006 budget includes a 1.1 percent increase for the Department of Veterans Affairs, which officials from the DAV called too little to deal with the large number of servicemembers expected to return from Iraq and Afghanistan with missing limbs, mental illnesses and other service injuries.

In addition, the budget would require veterans without combat injuries and who make more than $25,000 a year to pay a $250 enrollment fee to use department health services.

James Sursely, national commander of the DAV, which calls itself the voice of service-connected disabled veterans, said he wants to see an additional $3.4 billion added to the budget for veterans’ medical care, and see the new fees removed.

Rep. Bob Filner, D-Calif., called Buyer and his supporters hypocrites for scheduling Tuesday’s hearing without any intention of considering the veterans’ budget concerns.

"This budget is an insult to our troops and to you," he told the crowd, who responded with a standing ovation. "This is unconscionable."

Rep. Corrine Brown, D-Fla., called promises made by Republicans "frankly a lot of bullshit," and was quickly censured by Buyer as the crowd roared in approval.

Army Sgt. Tyler Hall, a 24-year-old Alaskan who lost part of his left leg in an improvised explosive device blast in August, said he attended Tuesday’s hearing to learn more about the legislative process and see how he can help other soldiers like himself.

"The number of disabled vets is growing, so this affects us quite a bit," he said. "You almost automatically go into the VA hospitals, so we need to make sure the care is there."

http://www.estripes.com/article.asp...

Forum posts

  • I would like to suggest the following:

    Get veteran’s groups together and place a table in front of every recruiting station in the country. Give all potential recruits a handout detailing exactly what they can expect from the guvmint in return for their sacrifice. Sort of a ’truth in advertising’ type of deal. "Caution, military enlistment could be hazardous to your health".

    If recruiting goals went from slowing down to non-existent, perhaps someone would sit up and take notice. At the very least, it would get some interesting air-time.

    Here are some videos of how they are treating our Iraq war vets.

    http://www.archive.org/download/Ground_Truth/GroundTruth1_bb.mov

    http://www.archive.org/download/Ground_Truth/GroundTruth2_bb.mov

    • SHOOT BUYER !!!!

    • It is the uncaring, untrained, poorly trained, service reps from many Veterans Organiztions causing a majority of the problems. CAVC Judge stated when a rep. fouls up the claim, the veteran is usually doomed!
      The main issue of my BVA Hearing was fouled by a service rep., "beware""

    • PLLLEASE somebody cut this idiots throught out, 1 less idiot in the world. Ecspecially someone WHO NEVER F**KING SERVED!!!!!!!!!! trying to take away my benefits.

    • Army of 1

      12:57 pm January 5, 2005

      The United States is a leader in the military
      All our solders are expected to serve
      in any kind of weather, at a moments notice
      to go anywhere in the world and they do.

      They are expected to help at home
      They are expected to be dignified and honest
      They are considered an Army of 1
      and
      they are

      All being 1 body, One might .....

      Until they injured, then they are swept aside
      They are buried under the carpet,
      They are looked at with shame!

      If you were a weekend warrior,
      with less than 20 years
      They take your retirement from you
      and force you to take severance pay

      Even with a 20 year letter
      Even with 26 honorable years of service
      They will force you out

      Extending even to those injured in Iraq

      Even when they come home with
      Purple Hearts
      Silver Stars
      &
      Bronze Stars

      Less than 1 year of active service

      You are considered
      nothing
      You are less
      Than an Army of 1!

      by Me Kay

      Author’s Comments:
      "Having been forced out with a 10% injury on Feb. 4, 2005, this whole thing is still fresh in my mind."

    • We as veterans, need only veterans in posistions to determine what is and what is not needed for us. Mr. Buyer has never been in uniform. We need to pack his butt up, put on a uniform and send him to Iraq and let him lead himself into the battlefield. If he got his butt shot, I am sure he would be the first to want the government to pay for his care. We need to get a congressional bill passed that only veterans that are in congress can be the head of committees that have to deal with vets. If you have not been there you have no idea what we have a or have not sacrificed.

    • i am living proof that they push you out after you are damaged goods

    • please join us at the following Yahoo group: http://groups.yahoo.com/group/OHIO-VETERANS-AND-MILITARY-FAMILIES-SPEAK-OUT/

      We are a group of ex-military and military family members in Ohio, who are working together to bring about your wish.

      Please come and join us to help Representative Buyers drown in a shallow, but very wide river.

      Semper Fi

      Lee

    • You can see this nut never served his country and don’t have the wright to question what
      we have given for hower country. He is where he is because of us we gave him the freedom to do and say what he wishes and attend the church of his chorce and he attended the collage he
      wanted and to live where he wishers. He wants to remember this because of us this is possible
      for him and his family as all of them in congress they want to think about what I HAVE SAID
      HERE.

    • What’s next? I can’t believe that this is the president’s budget spending plan for the VA! And that the Congress are backing it! Over 2/3 of all disabled veterans are non-combat related, but that does not take away the fact that they WOULD HAVE GIVEN THEIR LIVES IN COMBAT had not a stupid accident or incident forced them out of them out of the military to take a disability rating!
      Once you sign on the dotted line and take that oath at the Federal Building you are in essence saying that you are willing to give up YOUR LIFE for the rest of the unappreciative people in this country, " including Washington".
      Oh guys, you remember the concurrent receipt approval that a particular executive part of the government approved before their second term? Did you know that they tried to SNEAK a little clause into that budget where they wanted to take away the money from the non-service connected veterans to PAY FOR THE CONCURRENT RECEIPT? Oh yeah? If it weren’t for the DAV, they would have screwed the non combat hurt guys back a year or so ago!!! I believe the article in the DAV magazine called it " DRACONIAN". More like dictatorshipish?
      They are also tapping into the military retirement fund to finance their own personal agendas and bribe other countries. I thought the military retirement fund was supposed to be protected and TABOO to touch????
      Why is Washington trying to " means test" Veterans when they are flying all over the world sipping margaritas? Now they are trying to make 100% service-connected non combat veterans pay $250 a yeart to go to the VA? I already have to outsource to local hospitals because the clinics can’t get you in for 6 months for an appointment? We are saving them money right there!!
      You know, the other countries in the world might be tyranical, murdering dictatorships, but YOU DON’T SEE THEM F’ING OVER THEIR OWN MILITARY PERSONNEL!!!
      I respect and admire our commander in chief for being a Christian and a ex vet himself, but I don’t think John Kerry, as messed up as his foreign policy would have been, would have tried to plot veterans service connected non combats against the combat injured guys? They are tring to separate us so they can finance or bribe some other country into liking us, but the whole world hates us, and if they start messing with the " very people that are protecting them" from the terrorists, then what kind of defenses will we have?
      You know in the Bible, the United States of America is not mentioned in the last days, why do you think that is? Hmmmmmmm?
      Somebody needs to do something!!!!

    • Unfortunately, the peckerhead has served, but I’ll bet my discharge that he was never enlisted and was probably voted "Most Likely to be Fragged in a Combat Zone".

    • Representative Steve Buyer served and deployed on Desert Storm.

    • Would suggest we reserve any judgement of Congressman Buyer until more information comes out and his committee produces a plan. We don’t know what he said, just Larry Scott’s interpretation. Scott is a cherry liberal REMF—his editorials reveal that. Buyer, a JAG, deployed on Desert Storm. He was in SCUD range. Buyer was given MOAA’s award in 2002, so something is wrong here—like Scott’s whiny jump to conclusion article. We whine to much to Congress and they get burned off—we loose then. When we talk to our Congressmen, we should have our facts correct and not be childish—that behavior is counter productive—talk like combat warriors.

    • Long before our resource wars of acquisition, I used to recommend young people join the service, but no longer. I agree with the idea of passing out information that joining the military service could be hazardous to your health, but they may need legal assistance if the United States government levels terrorism charges against those handing out the materials. It may seem like a ridiculous notion, but the government might consider it anti American, thereby classifying those actions as that of a terrorist. This is not intended to discourage, but to be better prepared in the event if the government does play that card. Just remember the recruiter who wanted to have a young man arrested because he didn’t show up for an appointment on time. The levels are dropping, recruiters are starting to get desperate and the government is not to be "misunderestimated," in the words of our most articulate leader.

    • Don’t forget to label Tom Philpott as a liberal with no cause. His article on Rep Burer can be found at:

      http://www.fra.org/mil-up/milup-archive/03-10-05-milup.html

    • Join veterans resources.org, free of charge, and let you views be known.

      www.veteransresources.org

    • and it lasted 120 hours. i was in longer firefights than that punk. ddo. river warfare sqd. 132 vietnam, 1970

    • Just because you crap in the woods doesn’t make you a bear. Buyer should have stayed in Desert Storm. I wish he could have served with me in Viet Nam, He would have been a different boy, or came home in a body bag.
      Its no wonder that our men are joining these PVT. Security Outfits, instead of the Armed Forces.
      We need to change "God Bless America" to "God Help America". While those fools in Washington can vote there self a big raise, remember, that money has to come from somewhere!!

    • 10% is about $100.00 a month. That sure goes a long way when you have no job and can’t get one because of your injury. Here I sit a broken army vet with 8 years of sevice/my youth wasted. I guess I’ll just keep on suffering for doing my part to help keep this country safe.

      I guess it don’t mean nothing just an empty promiss like eveything else.

      SS desert storm vet

    • I’ve been looking for a way to get the word out to all the children as to how the government treats their vetreans. I’m a amputeed vet with chf and copd diabetees and they say I only rate 10% I’m in the hospitial now lost my job and apartment, and cant get any help. where can I go? there has got to be a way that we could get the word out. we must get organized.

    • you are not less than 1 to me and my family sir
      you are a gentelman and a hero
      (diasbled vet. in Fla.)

    • from a military wife raising hell with the gaurd. I would like to let you know there is a way you can get help. Go to the veterans hospital and talk to one of the social workers there they do have a check that can help you and you family. I know what it is like to be in the strane that you and your family is in. I sent my husband over seas perfectly healthy and recieved a sick duck so to speak. He was constantly complaining of stomach problems, diarrea, and vomitting. We did not know what it was and had went to plenty of civilian doctors and they could not find out. After $13,000 later I decided to take him to the veterans because that is what my dad told me to do. I took him there after reaching a fever of 103.7. They admitted him into the hospital and ran test only to find out that he had gall bladder problems, crohns disease, constant tonsillitis, IBS, and ptsd. The hole time his unit was thinking that he was crazy now they know that he his not. There was something wrong with him and it took 8 months for them to find it all out. Now he recieves va compensation or disability and unlimited visits for the rest of his life for what the have found out. That helps us all out a little bit better knowing they are there, but now the military wants to raise ten times kind of hell with him ever month that he goes to drill and I am not putting up with it. What are they going to do put you out that may be the best thing because you see how they are going to treat you they are not going to help none what so ever. They think they are giving you something when they are not giving you all nothing at all you all have earned everything they are doing and that is not much. I appreciate everything that the troops pase present and future are doing for us by protecting our freedom but they obviously don’t. By the way I come from a long line of military. I was born that way, raised that way, married the first time into that and got divorced, now remarried to another military person. All I can say is I wish you and your family the best of luck and get well soon.

      Thanks,
      one pissed off military wife

    • God Bless you and thank you for serving our country. My husband was a 100% disabled vet and I went with him to VA hospitals It was terrible I had to fight for his benefits.....Yet prisoners in jail were getting better benifits than him...

    • I checked Buyer’s military background. He was a stinking lawyer in the military! If you look at his biography on
      http://www.stevebuyer.org/BuyerBiography.htm, you’ll see the shitbag merchant standing by some form of anti-aircraft weapon like he was some kind of warrior instead of the REMF he really is. He screws real veterans because in his wet dreams he envies them. His bio says it all.

    • Well all you had to say was say he was a lawyer. The only diiferance between a lawyer and a car salesman is well there is no differance.

    • I totally agree, as good as the VSO’s are portrayed to be, most of them are government funded.
      Which means an office free electricity etc.

      The only one that stands on its own two feet is the Vietnam Veterans of America, they require donations to survive. Now, who would you trust?

      Vietnam Era/ Jim

    • Disabled Veterans: I don’t think it will affect me as I am 100% service connected. I do feel, however, that a veteran is a veteran. Just think of the many who have lost life, limb, and sanity in the defense of this nation. Now, you’re trying to take this away. NO!!!!!!!!!!!!!!!!!!!!

      WM. D. ROBINSON, MSgt (Ret) USAF

    • i agree you are bravesoul who fought for and with our country. AHero in my eyes. from DE (NV disable vet non-combat) May
      God watch over you and keep you safe. Letn us know if we can help you.
      Deb
      soldiersangel@comcast.net

    • Speaking of lawyers, here’s two at the Board of veterans Appeals we’ll call. "flim" and "flam" for obvious reasons.

      =
      The Board of Veterans’ Appeals, so-called veterans’ court, once again, are determined in frustrating my efforts in appealing my claim, by a still further delay. Is there something about this case that warrants this delay?
      Could the reason be, of the well over 1.1 million VA prescriptions, veterans are being over-charged?

      =
      My claim, VA violation of 38 USC 1722A was denied by the Board of Veterans Appeals. I then filed with the United States Court of Appeals for Veterans Claims (CVA). On 7/11/2007 was remanded back to the Veterans Board of Appeals (BVA). The BVA lost and rebuilt the file, that being the reason for the remand. After repeated checking, as of 5/20/08, now 10 months later, this remand, has not been returned to the BVA. So they say. It is obvious they may have lost it again in order that this claim, or I, would go away. Disappear. Perhaps I’ll die? Case closed!

      =
      VA prescriptions are dispensed in supplies of 90 days. However, for those unfamiliar with my claim, to explain these over-charges by the VA in violation of 38 USC 1722A, this example will be at it’s simplest and most understandable throughout my explanation, . Let’s say that you are at the VA, standing in line getting your prescription. The vet in front of you is getting the exact same prescription. She picks up her 30 day supply of 30 pills. Her copay for a 30 day supply of 30 pills is $8. You also are dispensed an $8 supply of 30 pills of the same exact prescription. Being that your condition is not as severe, your prescription requires you to split this 30 pill $8 supply. After you sit down at your kitchen table and split your 30 pill supply, now you have 60 split pills, a 2 month supply. But hold on! Except your co-payment cost for this 30 pill, $8 supply, now that it has been split, has increased. It now carries a co-payment of $16. This explains how veterans’ has been overcharged by the VA since 2002. Shafted again (3/13/07) by the Board of Veterans Appeals in their phony denial. Do you see anything wrong? You should!

      =
      "Pursuant to Section 20.1404(b) (2002), the motion alleging clear and unmistakable error in a prior Board decision must set forth clearly and specifically the alleged clear and unmistakable error, or errors, of fact or law in the Board decision, the legal or factual basis for such allegations, and why the result would have been different but for the alleged error."

      =
      The two persons listed on the denial that had crafted, and fashioned up the logic that follows? Board of Veterans’ Appeals counsel M. Taylor, and Veterans’ Law Judge, Judge John E. Ormand. I will show you exactly where, in their efforts to mislead, and to rewrite the law. This is the kind of garbage veterans have to put up with! Let’s look at the reasoning in their BVA denial.

      =
      Cited on the cover page of my denial was, "THE ISSUE. Whether the veteran is obligated to pay the Department of Veterans Affairs (VA) a copayment for each 30-day or less supply of medication provided by the VA on an outpatient basis in an amount established under 39 C.F.R. § 17.110."

      =
      “Criteria & Analysis by the Board of Veterans Appeals.” 3/13/ 2007

      =
      Here the Board understands the problem. "The record reflects that the appellant is prescribed a 12.5 mg daily dose of his medication. Because the medication is not dispensed in a 12.5 mg tablet, his physician has instructed him to split a 25 mg tablet in half to achieve the proper daily dosage. Thus, he receives a 30-day prescription consisting of fifteen 25 mg pills, each of which he splits in half to take one half of a pill per day. The appellant contends that the standard co-payment is excessive in light of the pill splitting." However, no where in my claim did I mention the word ‘standard’, nor was the word ’standard’ mentioned in 38 USC 1722A, or Federal Register, Final Rule. Here, in introducing ’standard’, supposedly for the purpose of establishing two (2) ‘standard’ co-payments, counsel Taylor purposely has rewritten the law, in order to mislead.

      =
      “In addition, the Board notes that the reference to the cost of medication contained in 38 U.S.C.A. Sec. 1722A clearly pertains to VA’s cost in dispensing the medication, not the cost to the appellant.” Is there a difference? My claim...clearly pertains to VA’s co-pay cost in dispensing medication, and it’s inflated cost to the appellant! Which is the "excess of the cost" for the ’standard’ co-payment, and is then arbitrarily increased, to those veterans required to split their 30-pill, $8 supplies. Dispensed exactly the same, and in like manner, as all other VA dispensed ’standard’ co-payment and abundant 30-day $8 supplies of 30-45-60-90 pills.

      =
      Counsel Taylor references remarks from the July 16, 2001 Federal Register. “Also, as we stated in the proposal, under 38 U.S.C. 1722A, VA may not require a veteran to pay an amount in excess of the actual cost of the medication and the pharmacy administrative costs related to the dispensing of the medication. VHA conducted a study...and found that the VA incurred a cost of $7.28 to dispense an outpatient medication even without consideration of the actual cost of medication..”

      =
      Dispensing! Where there is no difference in the prescription, supply amount, handling, or dispensing time, a 30 pill supply is dispensed, with a $16 co-payment. Interestingly, in the same exact manner as all 30-day, 30 pill $8 supplies are dispensed, as explained in the Federal Register! No splitting of pills was involved in the dispensing procedure. However, of an exact same $8 dispensed supply, automatically these ’standard’ 30-day $8 co-payment whole pill supplies are increased 100% (2 month split pill supply).

      =
      Counsel Taylor, citing, "1722A clearly pertains to VA’s cost in dispensing". Counsel Taylor just does not get it! Nor does Judge Ormand. Their is no difference! No difference in dispensing two supplies that are exactly alike in prescription and supply, or to the cost related to dispensing! However, counsel Taylor is emphatic in making the point, conclusive, that it clearly pertains to the cost in dispensing? Or is it the ISSUE, the " 30-day or less supply"? For some unknown reason, which counsel Taylor did not elaborate on, a second exact duplicate supply increases, double the co-pay cost? Although, counsel Taylor may have tried, but failed.

      =
      “38 USC 1722A; (a)(1) Subject to paragraph (2), the Secretary shall require a veteran to pay the United States $8 for each 30-day supply of medication furnished such veteran under this chapter on an outpatient basis for the treatment of a non-service-connected disability or condition. If the amount supplied is less than a 30-day supply, the amount of the charge may not be reduced.” Which then also means, if the amount is not less than 30-day supplies, as described in paragraph (1) the Secretary may not require a veteran to pay an amount in excess of the cost for medication provided to a veteran as described in paragraph (2).

      =
      Citing my argument, BVA’s counsel Taylor, quotes inaccurately, to confuse, again to mislead. 38 USC 1722A “Copayment for medications. Paragraph (2) The Secretary may not require a veteran to pay an amount in excess of the cost of the Secretary for medication as described in paragraph (1).”

      =
      The correct reading is, “(2) The Secretary may not require a veteran to pay an amount in excess of the cost to the Secretary for medication described in paragraph (1).”

      =
      "The appellant has not cited to, and the Board is unable to find any authority allowing for a deviation from the standard copayment." The Board is right! I too, am unable to find that authority.

      =
      Where the Board got it wrong! Of all what you have understood and read so far, what follows puts to rest any doubts as to the 30-day medication over-charges in my claim, and refutes the reasoning of the Board of Veterans’ Appeals in their reading of 38 USC 1722A. Of everything that has been explained, BVA counsel Taylor’s reference to 38 USC 17.110, (addressed in my claim) is the key to explaining, what counsel Taylor and Veterans Law Judge John E. Ormand, and the VA failed to, or did not, want to comprehend, or consider in their thinking, in understanding 38 USC 1722A.

      =
      The Board counsel Taylor, referenced 38 USC 17.110; Copayments for Medication. “..a veteran is obligated to pay a copayment for each 30-day or less supply of medication provided by the VA on an outpatient basis (other than medication administered during treatment).”

      =
      Counsel Taylor made it a point to reference 17.110. Veterans’ do know we have to pay a co-payment. THE ISSUE was obviously a "30-day or less supply." The Board’s main argument to my claim, is their erroneous interpretation of what the law is. "Each 30-day or less supply", is suggesting to them, an across the board 30-day 15 pill supply is less. However, "..each 30-day or less supply", refers to only one (1) condition. Veterans who may visit a VA facility on a one time basis as an outpatient. For emergency room care, or see a doctor for a cut finger, brief illness, etc. I wish counsel Taylor would explain another circumstance in which a veteran may be charged an “excess of the cost”? Please enlighten us. I know of no other "excess of the cost" than what I claim.

      =
      Counsel Taylor better not again, bring up 15 pills is less than a 30-day supply! The reality is, a veteran who falls under the 17.110 meaning, "obligated to pay a co-payment for each 30-day or less supply...on an outpatient basis (other than medication administered during treatment.)", refers to medication, in a dispensed 30-day supply of 15 pills, for treatment on an outpatient basis. The veteran in fact is not receiving less than a 30-day supply, this is his full 30-day monthly supply during outpatient treatment! For this reason, as described in 1722A, paragraph (2) is the basis for my claim. A 30-day, 30-pill, dispensed supply, for treatment, whether or not it is split, according to 1722A carries the maximum co-payment of $8. Which the Board refuses to recognize, but rather relies on a "each 30-day or less" argument. "The secretary may not require a veteran to pay an amount in excess of the cost, for medication described in paragraph (1)." $8 for each dispensed 30-pill, 30-day supply co-payment, includes supplies of the abundant 30-day supplies of 45-60 or 90 pills, and as well for all veterans’ under treatment, receiving a same exact dispensed 30-pill supply. "Other than medication administered during treatment", a prescribed 2 month supply (split pill).

      =
      Counsel Taylor in an effort in re-enforcing the Board’s position cites “(b) The Secretary, pursuant to regulations which the Secretary shall prescribe may-...(1) increase the co-payment amount in effect under subsection (a);..” Pursuant to regulations? Means according to the law! To regulations as written. Where is this regulation mentioned in the Code of Federal Regulations, this "standard" co-payment you talk about, for $16 split pill supplies? Where, counsel Taylor, does it mention increased co-payment cost for one of two (2) exact duplicate 30-day prescription supplies? Other than my example, where is it mentioned 15 pills is less than 30-day supply? "The Administrative Procedure Act requires that agencies publish administrative regulations in the Federal register before they can be legally effective." Where?

      =
      The VA, and the BVA , they want me to pass on, disappear. When that happens, veterans you lose. They don’t want you to win. However, this claim will live on, when other veterans think it’s important enough of a veteran’s issue to file a claim. Turned down by the RO, it’s (BVA) $50 filing fee is well spent. A younger veteran, whose prescription requires splitting, and over-charged, can file right now, and can keep playing the same silly game that the VA and the BVA insists on playing, just as long as they can.

    • The question of excessive copay for VA split pill prescriptions has been settled. Even though the VA mentions their concern for “reasonable charges.., billings practices closer to industry standard charge structures and billing practices”, and the question of “actual cost of dispensing” , veterans will continue to be overcharged for spilt pill prescriptions. The United States Court of Appeals for veterans’ Claims has made their ruling. A two(2) to one(1) decision. Judge Hagel, dissented, and accordingly, found the ruling, “..arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.” and filed a separate opinion. His comments, in brief follow.

      UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
      NO. 09-112 (Decided April 11, 2011)

      “HAGEL, Judge, joins, concurring in part and dissenting in part: I concur with the majority’s
      conclusion that the plain and unambiguous language of 38 U.S.C. § 1722A(a)(1) requires a veteran
      to pay a full copayment for a 30-day supply of medication, without regard to the dosage or number
      of pills prescribed to the veteran. I write separately, however, to express my disagreement with the
      majority’s conclusion that the phrase "cost to the Secretary for medication," as used in section
      1722A(a)(2), is susceptible to more than one interpretation.”

      “When a pure question of law, such as the interpretation of a statute, is at issue, the Court
      reviews the conclusions of the Board de novo, without deference. Smith v. Gober, 14 Vet.App. 227,
      230 (2000). As explained above, after reviewing the language of section 1722A, I would conclude
      that the plain and unambiguous language of subsection (a)(2) prohibits the Secretary from requiring
      a veteran to pay an amount in excess of the cost to the Secretary for each 30-day supply of
      medication furnished to him or her, without regard to the administrative costs incurred by the
      Secretary in actually dispensing such medication. I would therefore conclude that the Board’s
      interpretation of that provision was arbitrary, capricious, an abuse of discretion, or otherwise not in
      accordance with the law. See Kent v. Principi, 389 F.3d 1380, 1384 (2004) (holding that the
      "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law" standard
      of review "contemplates de novo review of questions of law"). Accordingly, I would set aside the
      Board’s December 2008 decision to the extent that it concluded that the appellant’s copayment was
      not excessive under section 1722A(a)(2) and would remand the matter for further development and
      readjudication consistent with a proper interpretation of section 1722A(a)(2).

      Lastly, I understand that some might say that the interpretation that I express would place
      an unnecessary accounting burden on VA. The calculation that I believe the statute requires VA to
      make in these instances is, however, routinely made up front by private pharmacies when
      determining the profit margin sought on each drug dispensed to their customers. Thus, I do not
      believe that such a calculation places an unreasonable burden on VA. As a result, I do not believe
      that my interpretation of section 1722A produces an absurd result”.

  • THE REASON WHY I WRITE IS BECAOUSE I JUST GOT SCREWED BY THE VA MY WIFE IS ELIGIABLE WELL THE SCHOOL IS ELIGIABL BECAUSE THE VA CHECKED IT OUT WHAT THERE SAYING IS THE HOURS ARE TOO MANY.SO WHAT THEY HAVE DONE IS THIS GAVE FIGURE OS 600 HOURS AND THE SCHOOL IS 780 HOURS.WHAT CAN HAPPEN IS I PUSH THIS AND THE VA WILL TURN BE DOWN MORE.

    • Relax, check out the University of Pheonix online program. The UoP is VA approved and Military approved. They are Chapter 30 and Chapter 31 approved. https://ecampus.phoenix.edu/
      Whenever you go to the VA for educational benefits you MUST present all the factual paperwork. Also, veteran service organizations [VSO] are of zero help in these matters. You may need meds. Do not be ashamed to realize that your mind is messed up from service duty. Get mental help from the VA or Fee Basis. But GET IT. And Go After YOUR schooling.

  • It’s time that Rep. Buyer resigns. I’m a service-connected disabled veteran; I’m also from Indiana. Having someone like Buyer representing Indiana and all veterans is embarrassing. All service organizations should band together and demand that he resign. Keep this up until he does. He served with the 22nd Support Command US Army during Desert Shield/Storm, among his awards listed on his web-site, he lists a Bronze Star. He served as legal counsel, not as a combatant. http://stevebuyer.house.gov/

    While we are on the subject of resignations, those same service organizations should also demand that VA Secretary Jim Nicholson resign as well. These men are both veterans, but they do not support veterans or our needs.

    All veterans must unite and take a hard stand against so called veteran supporters. I do not want these two men representing me.

    S. Bitner

    • Just how does an Attorney get a Bronze Star? Did he throw himself on the judge and fend off a pissed off defendant? Get his fingers caught in his breifcase?
      Let’s light him up like The Bush Admin. went after Kerry’s 3 Purple Hearts.

      CombatDoc

    • I agree with you totally Doc. Light his world up if he earned it thats fine but how does one get a bronz star COMBAT.
      SGT USMC

    • All of these individuals you are talking about WILL have health care and other benefits for the rest of their life! What is good for them should most definitely be good for us Veterans! Why is it that you can be asked to put your life on the line for freedom and well being of our country, as well as any other country that the GOVERNMENT deems we need to support? But yet when we talk about taking care of our own it’s far to much of a burden on every one else! Boot them all out and find someone who is appreciative of the efforts and sacrifices of those who served!

    • I can’t AGREE MORE with you. I am still serving in the Navy and my wife was prior Navy with disability. I can’t marvel how this un caring, heartless guy can take away what the morales of the VA stands for. I still believe that even if you only serve a minimum of 2 years and finish the rest as a reservist then you should still be entitled to be called a veteran. Why? Because that person had more guts than the tree huggin hippie next to him/or her. We give our freedom being overseas being away from our family and this is what you do to us. This is the first day of the rest of my life that I will be giving my all to help out our past, present and future Veterans. God Bless you all!!!!!

    • type VBN in your search engine. Go to VETERANS BENEITS NETWORK

      A Bronze Star can be awarded for service.

    • The Bush Administration never went after Hanoi John Kerry’s three Purple Hearts---his fellow Navy contempories did. Kerry cheapened all our awards. He was awarded the Silver Star with V Device---there is no such award. Try www.kerrystreason.com

    • You need to let go of the politics and worry about veterans..!!

    • Join veterans resources.org, free of charge, and state your views.

      www.veteransresources.org

    • You are right! Lets focus and put all this energy on veterans and veterans benefits. Let’s go after those who are taking away your rights and VA benefits. Let’s not waste time. Haiki

    • If Indiand Rep got a bronze star see if it has a combat V. Remember how many officers got end of tour awards and they were the bronzt without a combat v

    • Remember in the USA you have FREEDOM if you have the money to pay fot it

  • I am in the service and have been for 12 years and do have a an injury that happend in the military not due to the war or any conflick. But I do believe that any man/woman that serves in the armed Forces regardless of branch deserves that right to be a vet. We put our lives on the line for our country and people like Buyer. For what it isn’t the pay. I didn’t join the service looking for compensation for injuries they just happened and I do believe that any service member is entitled to there veteran rights for there duty to the Country.
    Sgt USMC

    • It’s sad to see what is going on today with Veteran benefits. But it’s not new, in 1970 I had a claim for service connected and it was approved. In the 80’s I tryed to finish the job and they told me it was no longer service connected. They told me that congress had changed the rules. So this aint new.

      Mac

    • While I don’t know the circumstances regarding Buyers Bronze Star I do know you don’t have to have been in combat to get one. Buddy of mine was in the Engineers in ’Nam. Never fired a shot in anger, was never ambushed but has a Bronze Star. When he applied to the VA for PTSD and used the Star as a stressor, they told him. Not without the "V" device. I’m a staunch Republican but, this Buyers has to go and fast. All that stuff about the $250.00 fee for registering and increased fees for meds was NOT approved so I don’t see why it keeps coming up, other then typical Democratic scare tactics.
      Cavtrooper RVN 65-66 68-70

    • Sgt:
      You may find the following information helpful. You can also find veterans information and advice, from fellow veterans, at: http://www.veteransresources.org/

      Veterans’ Disability Benefits Commission Holds Its 2nd Meeting
      Thursday June 2, 10:58 am ET

      WASHINGTON, June 2 /PRNewswire/ — The Veterans’ Disability Benefits Commission will hold its second public meeting on June 9, 2005, at the Shriners Almas Temple, 1315 K Street, NW, Washington, D.C., from 8:30 a.m. to 3 p.m. The Commission has been appointed by the President and the leaders of Congress to study the benefits and services intended to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service.
      As Chairman Terry Scott said at the first meeting on May 9, 2005: "We will conduct a thorough and objective analysis of the full range of programs that are intended to meet the needs of veterans. We’ll have to address many issues that are complex and sensitive, and we’ll do so impartially. ... We take very seriously the fact that the level and nature of future benefits and services depends to some extent on us and on this Commission. We all believe that veterans have earned their Nation’s support with their sacrifices, and we intend to be sure that they are looked after."

      The Commission will ultimately have thirteen members, seven of whom must hold one of the highest three awards for valor: the Congressional Medal of Honor; the Distinguished Service Cross, the Navy Cross, or the Air Force Cross; or the Silver Star. Currently, eleven members have been appointed and five have these awards, including two who have the Medal of Honor. The members of the Commission are:

      Chairman: James Terry Scott, LTG, USA (Ret) of Texas

      Members:
      Nick D. Bacon, 1SG, USA (Ret) of Arkansas
      Larry G. Brown, Col, USA (Ret) of Oregon
      Jennifer Sandra Carroll, LCDR, USN (Ret) of Florida
      Donald M. Cassiday, Col, USAF (Ret) of Illinois
      John Holland Grady of Texas
      Charles "Butch" Joeckel, USMC (Ret) of Florida
      James Everett Livingston, MG, USMC (Ret) of South Carolina
      Dennis Vincent McGinn, VADM, USN (Ret) of Maryland
      Rick Surratt of Virginia
      Joe Wynn of Washington, DC

      The agenda for the June 9 meeting includes descriptions of veteran, military, and survivor populations receiving benefits, studies undertaken by the VA Office of Inspector General, and a briefing on the issue of concurrent receipt of benefits. Interested parties may provide written comments at any time for review by the Commission to vetscommission@va.gov or to Mr. Ray Wilburn, Executive Director, 1101 Pennsylvania Avenue NW, 5th Floor, Washington, DC 20004.

    • Join veterans resources.org, free of charge, and state your views.

      www.veteransresources.org

    • One thing you must not forget, if someone in authority or some stupidvisor tells you ’ Congress changed the rules’ please check it out! Look it up.

    • This law is wrong and uncontitutional about (Concurrent receipt for retirement with 20 years of military service and has a combat related VA rating?. this law need to be amended to read all combat veterans can receive both checks VA and Military. For example young soldiers with 3 to 10 years in the military coming home sick and injured from the wars, these guys is permant disable for life. (How?. are these soldiers going to make it all of us are us combat solders and should receive the same treatment My name is SFC7 Lorenza Eady USA ( RET ) and a combat veterans. I want all american servicemen taken care of the same way no different everyone can be KIA , WIA, MIA, Call me at 843-236-2968 , e-mail me at eadyl7@aol.com come on comrades lets raise the roof to get thing right if the shoe do not fit we do not care I am not afraid to stand up. I never turn tail and run in combat so we are not running at home in America, is the land of free and the home of the brave so (freedom cost everyone in this God Blessed America) so please Hon: congressman. Senator: take care of your American Disable 100% combat vet equal terms is the only lawful way. We have the monies in the US Government we find it to help others countries . TUBAL CAIN. I also receive the congressional Silver star Medal in Viet Nam 3/17th , 7/1 air cav D Trps both 67-68 Tet phase 1,2,3,4. ( BROKEN ARROW ) ?. Thanks Lorenza.

  • Yes I agree that any congressman or woman that are against veterans in any fashion ,should be removed or watched very closely. When they needed us to go to war; they, begged in public to get public support When we got home, and needed government help; they, give it to illegal aleins. It took me 24 years to get benefits after Vietnam. Still, a combat infantry badge, I haven’t received yet. They say, I was not in combat. I served as a 11c mortar man for 10 of 12 months coming under enemy fire many times even receiving an ARCOM. Then to see how, Buyer got a bronze star for being a Jagernut. These are some of things the public need to know your personal experiences how you’ve gotten screw by the army and va then maybe it will wake some of these sleeply americans up to the fact that their sons, are being dehumanize, and kick aside,so guys like the calf governor who never served can govern us. those that have paid a price. to be free then to call kerry a girly boy when he is a theif that come to rob us of our benefits. so VETERNS be aware of th JUDAS’S among us.

    • Wishful thinking....the GOP counts the votes...."he who counts the votes wins the race"....

    • It has troubled me for years that our government takes care of other countries better then they take care of us. There are entire towns in Florida that have non English speaking families that get government subsidies. I believe that is the Cubans. Its called Little Havana. There are other cities throughout the United States the same way with other cultures.

      It took my husband 6 years to get his service connected disability. Our veterans deserve far more then our government allows. I too see the foreigners get DSHS with better medical than I have ever had. They eat well with those food cards too.

      I am not eligible for medical (or Tricare) even though my husband is 100% (he has two disabilities so the percentage of 100% is for both.) Husbands PTSD takes a toll on his family. Especially the spouse. Medical is required for the spouse to learn to live with a PTSD victim and sometimes it can be pretty depressing and take a toll on the marriage. The veteran should be able to have his spouse get medical attention as well, to help him with his disability. Medicines should be provided for the spouse as well. A healthy spouse keeps a healthy husband.

      Welfare has the best medical. No copay, no enrollment fees, they can choose their own private doctors, prescription medicine is paid for them, emergency hospital calls are paid for, ambulance paid for. The WHOLE BIT! Our veterans deserve far more then they get. And what they get they have to fight for it and prove they need it...and have to wait soooo long to get what is rightfully theirs. Their life’s have been put on the line to fight in a war to protect the rest of us. This burns me to think that Pres. Bush and his people continue to disregard the Americans and do as they please.

      Vietnam Vets are still suffering today, because the government alleged it wasn’t a war. The government should fight just as hard for the veteran and his benefits as hard as they fight to get them to join...I remember them coming to the highschool to recruit the young men that were graduating in 1965. They took a lot of my friends with promises and many didn’t come home. I’m proud of our Vietnam Veterans, and I thank them for being there. But there is a price to pay...and that is what our government should be budgeting for...not taking away from them.

      Wife of Disabled Veteran

    • I know it is diffuclult dealing with the VA. But if your husband can put in for the permenate and total rating, then you would be able to get ChampVA medical. AT 100% he is almost there already

    • To the wife of the vet’s that is 100%. I to am 100% from the Vietnam war. Tricare is for the active duty soldiers, depends, national guards returning from the present wars. You;, however; are eligble for CHAMPVA . WRITE TO: VA HEALTH ADMINISTRATION CENTER CHAMPVA ELIGIBILITY P.O. BOX 469028 DENVER CO, 80246-9023. TELE: 1-800-733-8387. E-Mail: HAC.INQ@MED.VA.GOV fAX: 1-303-3317804. There are a list of benefits for Veterans that are 100%. Go to vba.va.gov click on benefits. also it would be beneficial if you joined the DAV organization they can help you to get what you and your husband are entitled to. There are programs out there but you have to search and search for them it took me 20 years to get what I deserved ,however; I talk to many groups such as vfw, vietnam vets groups. dav which I am a life time member. I hope this info can get you and your husband on the right track. Phil. phseniior@gmail.com Our government does a lot of things wrong at the same time they do some things right so we have to see the good as well as the bad, then we go for the good and try to stay away form the bad. when I return form NAM I was angry with world. It was only when I developed a cooler head was I able to get going in helping myself in getting what I deserved. Now I try to help as many vets to get theirs.

  • To take our country back, we need to fire our current elected offials. Join the Constitution Party,www.constitutionparty.com. Break this democrat/republican momopoly!

  • I just went o the VA hospital yesterday to put in the claim for my service connected disabilty. I think that it is a absolute shame that we have people like Rep. Buyer as a representative of the american people. It is is more tragic that he is still in the military commanding trrops. I didn’t go to combat but that doesnt mean that the problems that I have are any less important that a soldier that did. I have my disabilty because I was in the military training so if one day I would have been called to combat I could be ready. I was told yesterday that if I would have gone to Iraq I would have been able to get a VA id card and received treatment general treatment from the VA. Basically telling that beacuse I didn’t go to Iraq my 8 years of service isnt as important as the person who served in iraq. And now that I am out of the service this republican is saying that I shouldn’t get any compensation for my disabilty beacuse it is not combat related or that I am not a veteran because I didnt go to combat. This makes me sick. I wonder how he would feel if he developed a disabilty becuase he was serving his country that prevented him from something so simple as to get down and teach his first born how to crawl and then be told because its not combat related your sacrifice isnt good enough and you get nothing if he would like it. I think absolutely everything must be done to remove this person from his position as a Colonel and as a representative of the American people.

  • Has anyone found the Citation for Buyer’s Bronze Star?

    I would like to see how big that paper cut was...

    Viking - USN 1983-1987 Veteran

  • This Is A Ploy of the Bush Boys,Who Sent us to fight, used us to do his durty work,Then Dump us in the trash, Anyone that is on the bush boys side better take note,He will use them for his gains,Then Dump them too.

    Election time is near for a lot of the republians in DC,They will not return after the relections this time,after all Americans Learn well,And we were all told how great we were to get us to Vote For Bush, And all that jumped thru hoops to join him in DC,Have been Put on a Shindlers List for their Death March at election time, Brave Men And Women Have Put their life on hold for the Bush Boys,Now they are being Put out with the trash.

    Vets Have always gone to do as they were told to do by their commander and Chief. But that is changing really fast,This country has always looked out for the returning Vets, What Has Changed TODAY?? BUSHHHHHhhhh Has Lied to us allll??
    Big Jim,32 Years service to this country and to God,My Family served with me,We all Have Grand Children,They aLL will Hate Bush for ever and a DAY.
    Democrats will stand up and fight to correct this War Lord,We all will start at the Next Election.
    Clean out the deadbeats in DC ASAP as we can,No More Gop Bullshit.

  • I find it hard to understand what is going throught the minds of lawmakers as they sit in office that we elected them to and really ponder cuts to vets in any fashion. We as willing young men and woman take it upon ourselves to serve this great nation in what is considered a selfless act and for what?We ask for nothing in reture except to be allowed medical attention. The fact that congress is willing to take away our right to medical attention for our willing service and enforcing the laws they make is unamerican in itself. I think the medical benifits of our lawmakers recieve should be paid for out of there own pockets. After all are they not serving there post in a willing and volintary matter that same as us service members? Should there benifits end as well when they are considered no more a lawmaker? After all they will never be combat wonded there for there benifit should never be covered.

  • 100%it aint hard

  • What is the bill No.#? It is essential to know this to track your Reps votes.
    Please e mail me at bobbyw@insightbb.com. Thank you!

  • Isn’t it amasing that congress has no problem with sending troops to combat zones and when they get injured want to kick them in the pants. Where are the congresman’s children when it comes time to send troops to these areas? There are some things one doesn’t save money on.

  • I’m a Republican, but I’ve never been more ashamed to admit that in my life.

    Steve Buyer is a mongrel dog that’s openly daring US to do something about his lack of concern and respect for this country’s warriors. – However, he’s not the only one guilty party in all this, it’s his Chimpanzee Faced Boss. – Bush openly defends the rights of Illegal Criminals to come here & drain all our resources, as well as commit all the crime they want without much fear of serious reprisals, and it’s no secret he’s intent on paying for these fascist Re-Revolutionaries by slashing benefits to Veterans & the Elderly.

    I never thought I would live to see the day when an American President exploits the very same men who championed his cause with such disregard. - This Tex-ASS Smirker can call foreign criminals deserving impoverished displaced workers, and in the same breath call Loyal Americans, Vigilantes, seemingly without any remorse or shame.

    It’s time to let the more responsible representatives in congress know that this is not acceptable, and Bush & the rest of these traitors are doing more to drive people away from the GOP then all the Iraq’s and Kerry’s put together.

    It’s time enforce our Political Muscle & let these people know that there will be serious implications and consequences to betraying your own kind, and we will kick off our own campaign now by working feverishly to vote them ALL out starting in 2006.

    Manny: USA

    • Join veterans resources.org, free of charge, and state your views.

      www.veteransresources.org

    • The Government has made a big mistake. They have lied to and suckered our young for the purpose of shipping them to Mr. Bush’s meatgrinder in Iraq. There, these kids have their eyes opened and get to see the effects of Rumsfeldt and his cronies arrogance. These kids are tools to be used and discarded when killed or mutilated. Then they get sent home to be screwed by politicians like the scumbag Buyer and friends. They get to face a VA full of bureaucrats whose mission is to deny as many veterans their hope for health or some form of disability when they cannot work due to their injuries. Mr. Bush needs more guns. What is happening though is that these kids, many of whom are bright and dedicated (they wouldn’t have joined otherwise) are becoming cynical through awareness of the lies and fuckovers. They are coming home to the sheep that are the People of this fat, pampered country as wolves. They have passion and the ability to think things through. We veterans do them a great disservice in that we stab each other in the back constantly and cannot get our acts together to organize as we should. I picture a million veteran march on Washington, angry, passionate, that will not be denied!!! Let the politicians shit themselves in their nice air conditioned palaces hiding behind the Capital Police, the Washington Metropolitan Police and show themselves as the cowards they are! What works against us is that we are not truly united and we can be ignored. The media treats us as broken down jokes and keeps their lips pressed securely to the assess of the so called policy makers in Sodom on the Potomac. We are not willing to take risks like our Founding Fathers did who gave everything to make this Country a reality. Until we do, we will always exist only in the pages of these Veterans Sites licking our wounds and crying to a country that doesn’t give a shit. If we older veterans don’t have the backbone, I hope the young Wolves coming home keep their passion and anger burning long enough to make a difference. I would be honored to risk all with them.

      TIMOTHY E. TULP
      (I spelled my name in caps in the spirit of John Hancock so that who ever is spying on us can read this without having to put his reading glasses on)

    • The wolves will form into their packs. Do not worry about that Mr. Tulp. The seeds of the next great political revolution have already been planted.

      Sincerely,
      A wolf from this current war

  • I’m a Republican, but I’ve never been more ashamed to admit that in my life.

    Steve Buyer is a mongrel dog that’s openly daring US to do something about his lack of concern and respect for this country’s warriors. – However, he’s not the only one guilty party in all this, it’s his Chimpanzee Faced Boss. – Bush openly defends the rights of Illegal Criminals to come here & drain all our resources, as well as commit all the crime they want without much fear of serious reprisals, and it’s no secret he’s intent on paying for these fascist Re-Conquistas by slashing benefits to Veterans & the Elderly.

    I never thought I would live to see the day when an American President exploits the very same men who championed his cause with such disregard. - This Texas cow pie can call foreign criminals deserving impoverished displaced workers, and in the same breath call Loyal Americans, Vigilantes, seemingly without any remorse or shame.

    It’s time to let the more responsible representatives in congress know that this is not acceptable, and Bush & the rest of these traitors are doing more to drive people away from the GOP then all the Iraq’s and Kerry’s put together.

    It’s time enforce our Political Muscle & let these people know that there will be serious implications and consequences to betraying your own kind, and we will kick off our own campaign now by working feverishly to vote them ALL out starting in 2006.

  • I have a service connected disability, and if this guy is supposed to represent an organization that I’m a part of then let him come and tell me that he wants to take away my benifits. Let him tell me that the government no longer will fix the physical and mental problems that it created. Let him tell us to our face what his problem is with us and why if he has this problem that he is chairman of the organization that gave us these benefits to begin with. Why don’t we make him come to us and explain to all veterans why he wants to do this to us. Then when he does, exploit it. Publicize it and make it known to the world what he is doing to the country, because we would not have a country if it wasn’t for our veterans today. Then make it know to all the youth about to enlist of how they will be treated after the government is through with them, not just for the benefit for us but for their benefit. I would not wish any young man/woman to serve a country that would leave them crippled and not take care of him/her. Even if it means my freedom again.

    Concerned Vet

  • We can all complain and jump on some dumb shit congressman but that does not help the issue - the republicans just like the democrats before them are going to screw over all veterans. Get used to it.

    Now in order to fix this problem, it is time to stop the primary discourse in blogging such as this page, regardless of how useful it is, because for the most part you are preaching to your own choir. If you can post a comment to this site then you can also write an email to your own dummy in congress regardless of political party flavor. Tell them you demand passage of mandatory funding. This is probably the most important issue that they have to get right.

    Next to all you guys who are members of organizations like the legion, VFW, DAV, AMVETS, etc it is time to get on their web site and call the duly elected officials of these organizations for the failures they really are. Let’s face it, if we actually get mandatory health care funding passed, then they no longer have an issue to demogue. Hence they may be worried that once they finally accomplish as an organization what all we veterans need, we may no longer be so dependent on their voice as our representative. I admit it is nice to have a national organization backing our opinions, but until we write to the political dipsticks that we elected and tell them we will not only vote against them, but will actually go out and work for his opposition they will simply ignore the veterans real needs-I can guarantee that if the democrats take back the house next year with supportive democrats the laws will be changed. Now these guys are not stupid so they will spruce up some piece of junk legislation to tell you how they support veterans-make sure you thank them politely and then vote the incumbents out of office if their overall record has been noticeably strong against us so that real funding for veterans health care can enacted.

    Every letter/email that I send off to John Thune I remind him that his votes are a matter of public record and we are watching him. I think he knows that we will also vote on veteran issues and I tell him in no uncertain terms just how wrong he has been. The other thing you must do is not let the politicians get away with the big lies-show him you know the details. I have reminded Thune for example that he stole 15.5 Billion Dollars from VA compensation funding in 1998 just to build road nationwide in republican congressional districts, along with every other half truth he tries to skate by us.

    Also take the time to write your letters to the local news editor. Call these jerks what they are and get it published in the local papers. I guarantee you they have people who do nothing but read the papers and send up not just the good news but also the bad news. These creeps are so afraid of losing, they will change their positions once they sense that they could be losing the next election.

    As Always - Frank
    100 % Total & Permanent-Service Connection

    • Frank; I like your spirit. You have that "I’m not going to take it anymore" in you. This is good. However, you suggested writing. I have after more than 3 years of trying to correct the VA violation of 38 USC 1722a. That is, writing to Principi, Veterans Congressional sub-committee members, Senators and Representatives who publicly voiced veterans concerns, newspapers, TV stations, columnists, I found out they don’t care. Veterans, don’t care. You probably wondering that my claim against the VA has no merit. They could have told me that 3 years ago, but did not. Nobody has told me that. I wish perhaps they would have. But like so many veterans claims, the VA will ware you down, until you die, preferably. You could do a search of ’VA violation of 38 USC 1722a’ and understand from the many listings, the dispute.

      In all this time, VA Hines administrative staff has violated my Constitutional 5th, 14th and 1st amendment rights. But, what did it take to overcome this and get my case before the Veterans Board of Appeals? A letter to then incoming Secretary of Veterans Affairs, Jim Nicholson. Reluctantly, VA Hines, was forced, kicking and screaming, to deny my claim, this in order for me to appeal.

      There are those few that do care, Such as ABC News, Knight Ridder Newspapers, Chicago Sun-Times, and I know there are others. But very few. I have only a few suggestions. Write only to your Congressional representatives, you are their constituent, they should listen to your concerns. Write post-cards if your message is short. This way everybody gets to see your message. Have a little rubber stamp made up, that sends a veterans message of a few lines, which I stamp on all my mail envelopes. Do something. If enough veterans can agree on an issue, perhaps emailing a congressman, in the thousands upon thousands, as to saturate and clog their website, perhaps closing it down. Maybe then they will get the message. But veterans need to clog up message boards, with their Veterans Administration problems. Veterans have to be all on the same track, and not going every which way. We have got to be one voice somehow to make changes. Because, I can see it coming, once the troops are all back home, you think the forgotten veterans have a tough time now, wait. Those in Congress will get even with us for complaining. Haiki

    • Good idea Frank. I’m busy with VA violation of 38 USC 1722a to write anymore than I continue to do, however, www.usdr.org website brings up alot that’s going on with veterans legislative issues. They have it all done for you, the letter writing part in most cases, all you have to do is sign a letter and off it goes to those Congress members in your district. It allows me to help when a veteran asks for help. If you have a gripe, you have to do something, even a postcard. Don’t let it fester.

    • 10/19/05 Regarding VA violation of 38 USC 1722a, I received a denial of my claim in order for me to proceed to the BVA. I requested a docket advancement. The Board of Veterans Appeals turned down my request. In other words they don’t care if this involves 1.1 million veterans who receive prescriptions for pill splitting.

      I wrote the BVA, Mr. Hogeboom 8/20/05, briefly, "I want to know why, you substitued ’severe financial hardship’ (never suggested)as my claim and why ’interpretation of the law of general application affecting other claims’ was not considered." No answer. However, when reading 38 USC 1722a, a short and simple law, people read what they want out of it. But, if you keep it simple, it’s understandably simple. Unless you work for the VA. Because of this confusion and mis-understanding, I wrote Senator Durbin, who I keep informed, about this mis-understanding problem. I explained it, in it’s basic simple terms, because I wanted to make sure if he is going to defend it, I must be sure he understands it. Writing back, "I have been informed of the nature of your concern and will do my best to assist you.. ..a Senate aide in my Chicago office, assists me in mettters such as these and will contact the Department of Veterans Affairs..to make an inquiry...You will be contacted as soon as a response has been received."

  • This is in reply to the article about changing the definition of disabled veterans. I am a disabled veteran whose disability is not combat related, so this affects me directly. No, I did not face the enemy directly, but I supported those who did. No, I wasn’t injured by combat, but it hurts just as bad. There are those who will say I could have gotten hurt on a civilian job and that may be true. But one of the things I was told was that should anything happen to me while on active duty my medical needs would be taken care of by the military. I went through a long and detailed process to be declared disabled. Believe me, I would have preferred something different, but it was not to be. At this stage of the game, to tell me I don’t deserve benefits I worked for and was promised is worse than being shot by the enemy. I’m being ambushed by the very people I thought I was protecting and defending.

  • I have a service connected injury and when I get to be the age of 50 I will probaly need to have my knee replaced. If the changes he wants to make, I would never get the care that I deserved for that injury that I got while on active duty. I was blessed not to be in war, but if I was I would expect to be treated the same either way. We all fight and die for the same country and somebody might want to remind him of that.

    Kobes, Jeremiah
    (PFC US ARMY)
    Medicaly Retired

  • Sir;

    THis hearing was not very prominent on the news. I don’t remember anything about it. Part of the problem with Buyer and the rest of the lunatic republicans is that the active duty troops are not hearing what is going on. They tend to be republican because they are told by the republican officers to be that. There are democrat officers, but they are weary of saying anything.

    Buyer must be stopped. Makes me sorry that I was born and raised in Indiana.

    REF
    Oregon

    • Does anyone remember the term REMF (rear echelon monster fellow - you supply the real
      words) from Vietnam? Booyer is a REMF of the worst type. Well, Boo-yer is a grad of the Citadel Boys School, a lawyer and now a reserve Colonel. He is I think 47 and will be able to retire on military pension in perhaps 13-15 years, in addition to his congressional retirement AND with
      full medical care, best you taxpayers can buy. Way to kill off this REMF is converge on his
      district in Indiana and submerge him, go door to door, use all the vets associations,
      show people your wounds where they are visible, give them handouts and ask if they
      know their rep is this much against real soldiers, sailors and airmen. This guy is worse
      than the witless Swifties who attacked Kerry and supported the biggest REMF of all, Bush.

      A mustang with 3 tours on the ground in Vietnam.

  • UNPATRIOTIC

    Court of Veterans Appeals

    is AGAINST Veterans Having Rights

    Chief Judge Donald Ivers, a former VA Attorney, told the National Law Journal that "Court review would convert "a user-friendly system into an adversary system."

    The question every Veteran should be asking is WHY was a former VA Attorney, Donald Ivers, who had a long history of OBSTRUCTING Veterans who were victims of having the evidence in their VA Claim File "tampered" with, made Chief Judge of the Court of Appeals for Veterans.

    WHY a former VA Attorney, Donald Ivers, who was firmly AGAINST Veterans having a Court to seek justice in, was made Chief Judge of the very Court he opposed!

    Clearly the Court of Appeals for Veterans has never been anything more then a sham intended to deceive, and appease, Veterans.

    To make us believe we had a real Court. And real Due Process Rights. And Former VA Attorney, and Chief Judge, Donald Ivers, has been the ringleader of this scam against America’s Veterans.

    An ABC news investigation found that out of 14,000 cases that went before the Court of Appeals for Veterans only 18 were resolved in favor of the Veterans.

    Kangaroo Court has never had a more appropriate meaning....then when the term is used to describe the Court of Appeals for Veterans.

    Every Veteran also has to ask WHY the American Legion, the VFW, the DAV, and all the other Veteran Groups kept Veterans in the dark, and didn’t make America’s Veterans aware of the massive con game being pulled on them.

    Such conduct against America’s Veterans by the very groups entrusted with protecting our interests is as UNPATRIOTIC as you can get. It is TREASON against America’s Veterans by the very organizations we trust to protect our rights.

    It is no wonder that sites like "Legal Affairs, the Internet Legal Magazine" are doing articles exposing how the Department of Veterans Affairs is an ENEMY of America’s Veterans.

    And the Court of Appeals for Veterans is no more then a sham division of the VA, that is controlled by either former VA Attorneys, or those with "connections" to the Department of Veterans Affairs.

    Veterans don’t even have an impartial hearing body, let along a real Court. Its about time we UNITED and DEMANDED to know WHY this fraud has been committed against us.

    The VA can destroy evidence in Veterans Claim Files, FORGE fraudulent documents, lie before the Courts, and the Corrupt UNPATRIOTIC Judges on the Court of Appeals for Veterans will close their eyes and approve of such criminal conduct.

    That’s because they are no more then criminals themselves with political power that allows them to get by with such appalling conduct.

    They are not really judges. They are UNPATRIOTIC politicians who have sold out America’s Veterans for a few pieces of silver.

    Those who served their country, like Judge Hagel, who is a former Marine, have traded their morals for political power. They both betray, and "taint" their former honorable service.

    What can Veterans do?

    We can UNITE and make this con game very, very public. Criminals, and corrupt government officials cannot stand the light of day.

    We need an honest Veterans Court for each, and every, Veteran in America. The only way to get such a Court, and fair treatment, is to UNITE and not allow this kind of scam to continue.

    Every Veteran reading this article needs to write, not just their local newspaper, but EVERY NEWSPAPER THEY CAN FIND ON THE INTERNET, about the VA Corruption in THEIR Case, and the abuses in the Court of Appeals for Veterans.

    If you are lucky enough not to not have been a victim, then you can help your fellow Veterans, by writing about either friends of yours who have been cheated, or cases exposed here, such as Kidwell’s case. And asking how in the hell a former VA Attorney who has fought AGAINST so many Veterans, who has CHEATED so many Veterans, was made Chief Judge of the Veterans Court.

    Clearly it is the VA’s Court. NOT ours!

    If Veterans UNITE, and work together, we can clean up some of the filth in our government and make it better for all Veterans, as well as for our brave military returning from war.

    If you serve your country you DESERVE a little honesty when you apply for benefits.

    Click Here for a good news media contact page.

    Write EVERY newspaper in your state!

    Ask why the CHIEF JUDGE of the Veterans Court is a former VA Attorney who has screwed Veterans, and is against Veterans having a Court.

    Ask why the Veterans Court is so corrupt when it comes to Veterans.

    YOU can make a difference. YOUR letter may be the one that cleans up the Veterans Court for all other Veterans.

    And get all your Veteran Friends, your family, anyone you can to write too.

    Do this for your fellow Veterans. For our brave troops returning from war wounded, so they do not have to fight a new war at home, to get the benefits they earned.

    Do it for America.

  • I am a 70% disabled vet. I was hurt in VietNam. I did what my country needed and I would do it today if the country needed me. All veterans have sacrificed much. I now work with veterans returning from Iraq and many of them need the VA medical system. Some have serious injuries and some definately have PTSD. We all need to pull together and fight for what we (contrary to Buyer belief) earned. We fought and died to save his hide. Ohhhh, well mistakes happen.

  • I ask you, where are the bleeding heart librals or the ACLU. We are all poison to them. You notice that they haven;t stepped up to the plate for a veteran.

    • The only bleeding hearts left are the Republicans like DeLay, Bush (Jeb and George) looking for a Terri Schiavo to cry fake tears over and make political and monetary capital from....sorry.

    • I mentioned the BHL’s and the ACLU because they are what they are. I didn’t mention any names. I don’t have to name bash to get to the truth. I see where YOU are coming from......Sorry

  • I spent 22 years in the service, seven overseas tours and I am a Desert Storm Veteran. I have 13 Service Connected Disabilities and none that will improve over time. I am totaled disabled and cannot be employed because of my service to my country. If I’m not a Veteran then I don’t know who is. Has Congressman Buyer thought about the impact this would be on current and future Veterans. What kind of message are we sending to the current service members that are currently in harms way defending our freedom. I think all Veterans should call for Congressman Buyer’s resignation ASAP.

    Master Sergeant Oswald
    US Army Retired

    • After reading Congressman Buyers military record i can see why hes against veteran too get compensation he was always a reserve and in command of troops i feel sorry for those troops Signed Gysgt Angelo VitaloneSr retired Marine,Vietnam Veteran and disabled.

  • From:Gysgt Angelo Vitalone Sr we can win we just need too egt strong in numbers we are having a rally in D.C. June 8th 2005 looking for a million Vets or as many tohers who can support us.Let me know if your going too be there.

  • This is not defamatory,abusive,xenophobe,sexist,the threats,and or politics as usual this is in regards too restablishing,and laying the ground work too get Christopher Smith from New jersey and too impeach steve buyer we as veterans dont need someone who dont care about veterans issues and wants too take benefiets we earned from us.

    signed Gysgt Angelo Vitalone Sr i am a vietnam veteran,with PTSD i served my country for 23 years in the Marine corps and that included a tour in Vietnam 65-66 if that makes you feel bad Steve Buyer so be it at the last count you had 400 veterans boo you how would you like 100’s of thousands.

  • My name is Brandy Oglesby, I am NOT a diabled Vet. My Father is on the other hand and do believe that the Govnerment is messing with him. He was in a very serious car accident back in 1982, where they preformed numerious surgies on him at this time. Well, since then they have rated his disablity at just 90 percent. Well, conditions are as followed but not limited to hepatitis C (which he accured from massive blood transfusions at this time), a pelvic displacement of 1 and half inches, his left arm has a skin graph and stays at a 90degree angle. I am sorry for the long story but my question would be is there anything that he could do to help him get rated where he needs to be? We have ran out of resources and anything has the possiblity of being useful.
    You can contact me at BooBear698@hotmail.com

    Thank you
    Brandy Oglesby

  • It is imperative that we all be as involved as possible this year at elections to support those Politicians that support the members of the military who have served faithfully and sacrificed much in the name of freedom. I have friends that are nurses working for agencies and are placed in different facilities....Veterans Hospitals, Correctional Facilities, etc. I am continually told they are paid more to work at Correctional Facilities, that the Veterans Hospitals are much less equipped with what they need to perform their care of Veterans and I really think that is a disgrace. Inmates at the Juvenile facilities brag about how they try to get to this facility or that facility in order to enjoy themselves with video games, work out rooms, etc. That’s where our tax money goes.A good stint in the Military would do far more to rehabilitate these kids, but I don’t know if they would be fit to trust.I would like to see more leadership that will refuse to mollycoddle the worthless and reward the deserving.I’m proud to be an American and revere the members of our Military who have served this country with honor and dedication.I support our Veterans as best I can through packages to anysoldier.com and send at least one a week.
    Please know how much you all are appreciated.

    Mrs. Marsha Sumal
    218 Lawrence Street
    New Brunswick, NJ 08901

  • I am a combat Marine from Khe Sahn 1968 and there have not been too many days in recent years that I have not shed tears for the losses in Vietnam and the unfairness dealt to the Marines around me that had my back and got me home.

    What this administration is doing to the Veterans Administration is despicable. The V.A. Health Care System is by far the best in the nation. Rather than fully fund the V. A. our president prefers to sqeeze the V. A. at the expense of the Veterans. Rather than pay the bill our government is creating every way possible to cut and totally do away with our benifits. IT IS HAPPENING NOW! The two billion dollar short fall for 2006 will come from the blood of the Veteran rather than just proper appropriation from our congress.

    I hurts me deeply the images of tens of thousands of dead and severly mutilated Veterans coming home today to a government who does not RECOGNIZE their sacrifice and is not willing to do what is simply right.

    Please tell me what I can do In Asheville, NC? It is not enough for me to be angry and hurt any longer.

    Ray Lewis

    • Ray my man just think if one running for office can send the swift boat boys to discredit one of our own , John Kerry , then what do you think he care about some one that was in the hole at khe shan a place he doesn’t even know about. I was so shocked to see how these Navy boys did to John that I told my wife I’m glad I didn’t serve with them. and it no wonder the government is snatching all of our benefits away. After what these guys did to kerry this is worse then what the enemy did to some of us you’d expect for the viet cong to try to destory us, but; to have our own so called conrades in arms to go public and try to discredited the man is a shame. so after all is said and done these men should thank themselves that each medal, each story a vet tells, can be called into question as well as the illnesses and the wounds suffered, are real. So thank all you two faced swifted boats traders for the hell your have provided for the real vets that took bullets in our bodies and scares we bear in our minds and hearts for ever, that some of us have to suffer just to be heard. I would never want to serve with you ,even on a toilet detail.

  • I am a veteran who was injured in a parachute jump while serving in the 101st Airborne Division at Fort Campbell, Kentucky. My parachute malfunctioned and only partially deployed causing me to crash into trees at a high rate of speed. I suffered neck cervical spinal injuries which have plagued me throughout my lifetime with pain, headaches and suffering. I have a 40 percent disabilty rating and an enrollment priority rating of 2 due to this injury. I am very thankful for my VA benefits and to my country. As a paratrooper I was ready to go anywhere at anytime to serve my country as required and to fullfill my duty. Because my serious neck injuries were not combat related I find it insulting to all veterans combat service connected or not, that the government wanted to put a 250.00 enrollment fee for VA medical benefits because I was not injured in combat.

    Thank God Veterans responded to these hearings and were able to voice their opions and be heard by responsible congressional leaders. I have been a life lone Republican but I cannot any longer support a political party that does not support its disabled veterans 100% who when called served their Nation. What ever I can do to support the veteran organizations of this country I will do willingly. My country has given me much and I wish to return my dedication and service to those who have given their all, or substained injuries in the service of their country. God bless the American Veterans of this great Nation.

  • I can’t believe the President who loves to use active duty troops as a backdrop for his speeches turns his back on the disabled veteran. I voted for republicans in the past but look who is holding the line for the disabled the democrats. When you join the military you are 24 hours 7 days a week. How many of you reading this have been on alert status for two weeks? How many have you been told to pack up your family and move after 3 or 4 years at one location? What is the differance of someone injuring their body in the States in support of the ones deployed overseas? Speaking of which when one of your troops gets deployed no one is brought in to fill that position so you have to work longer and add additional duty after someone is taken out of your element. People don’t understand our military and disabled veterans aren’t being seen by the elite doctors that Hollywood and Congressman get to exam and operate on. Most cases we are operated on by interns from some college graduate program. There aren’t very many excellent doctors available. Why? You can’t sue them and they don’t have to pay malpractice insurance. Many doctors you can barely understand thier english. As a disabled veteran having served 23 years, I’m in disbelief at the wait to see a "specialist" and these doctors are so overwhelmed by the quantity of patients it seems you are just a piece of meat or cattle taking up time in their office. Most of the time the VA record of your appointment if filled with errors and takes forever to have them corrected. The republicans better get with it or they will be voted out of office. Yes I wanted to stay in for several more years but a botched operation by an orthopedic doctor left me unfit for duty and I was forced to retire. Why is the President so willing to give money to other countries and not the disabled veterans. The phase in of the concurrent pay over ten years is a slap in the face compared to the money now being spent on hurricance victums and other money given to countries.

    It takes eight personnel to support one person that is deployed to a combat zone. I worked in CENTAF rear at Langley during the first Gulf war and know the logistics game.

    The CFR 35 which is so out dated it’s a crime. Reading parts of it say you have been rated for 10 percent for a damaged wrist, 10 percent for damaged nerves in the same arm, 10 percent for broken or missing bones in the elbow you think it would add up to 30 percent no this CFR 35 let’s these conditions be combined for only 10 percent now that’s how your final overall rating is attained. You have to claim each body part and have the documentation. Add up your different body part rating which could be 140 and come up with an overall rating of 70 percent because of this combining based on medical conditions from this outdated CFR35 needs to have an MRI or a CT scan and completely revamped.

    Many vets will not live to see the phase in of the concurrent pay. What blood is on these republicans hands when a vet has to wait for a year to be approved by the VA then wait several months to see a primary care provider then if needed wait four months to see a "specialist" and other four months for an operation by someone who looks like the emeny. Should be a an outcry by all the news outlets. Where is O’Rielly, Fox News, 60 minutes, USA, CNN? Haven’t heard anyone question the President on these matters.

    Give the most productive years of your life to the serving your country. Being up rooted every 3 or 4 years to live in a differnent part of the country or world. Spending one or two years away from your family. I’ve had duties that were six days a week for months at a time. Been divorced because being away from your spouse. While these congressmen and women are pampered have the best doctors and health care and retire. They retire to positions in companies that they have supported or approved big contracts to.

    Shame on the congress for not funding the VA and of course the President who I voted for. Thanks to the Democrats who are fighting the war in the halls of congress. Never thought I’d say that!!

    I’ve been in SAC, Red Horse Combat Civil Enginering, TAC, had two top secret assignments over 23 years and was forced out because of one doctor who disabled me. Be all that you can be but if you are disabled it’s alms for the poor. Life is good for active duty but once you are retired no longer can you see a dentist or have your family seen in a timely manner. Go to the back of the line and hope for the best.

    All the money spent on Veterans Memorials, having Veterans Day, when the President lays the wreath at the tomb of the unknown soilder is meaning less when you look at the penny pitching in funding the VA. Seems the country would rather you die soon after retirement or becoming disabled than fully fund these programs. Oh, we have a natural disaster and boom the flow of money is unbelieveable. It takes a strong military to keep this nation safe not just the ones fighting in battle. Logistics are a main part of a military to tell the eight people supporting the one in combat if you get injuried there is no compensation only the ones going into combat. And the ones in combat have to injuried while actually being shot at no wonder the are now speaking of bring back the draft.

    Right now if there is an earthquake in California who is the nation going to look for help. The military who are not in combat!

    Those who vote against us and try to hide behind the "balancing the budget" have blood on their hands. They will have their votes on record and have to explain either here or hereafter for the pain and suffering these elected "officials" have created for the disabled veterans and their families.

    Jwjeff

  • MY NAME IS HAROLD, I AM WONDERING ( WHY ), DOES ABOUT OVER 30 STATES IN THE UNITED STATES GIVE 100% DISABLED VETERANS, FREE HUNTING LIN. AND FISHING LIN. , AND INCENTIZES ON TAXES FOR AUTO’S, AND PROPERTY TAX, AND VELICALS ON REGISTATIONS ON BOATS TRAILER AND FREE GAME PREMITS AND WATER FOWEL PREMITS FREE. ALL THIS IS FREE TO 100% DISABLED VETERAN IN MOST OF OUR STATES AND I WOULD LIKE TO KNOW WHY THE STATE OF KANSAS HAVEN’T GAVEN 100% DISABLED VETERANS THESE RIGHTS LIKE MOST OF OUR STATES IN OUR UNITED STATES, DID WE ALL SERVICE FOR THE SAME, ( FOR OUR COUNTRY ). I FILL THIS IS A DISCRIMMATION TO THE 100% DISABLED VETERANS IN THE STATE OF KANSAS, THE WORD IS GETTING OUT ACROSS KANSAS THAT 100% DISABLED VETERAN ARE NOT BEING TREATED RIGHT LIKE OUR OTHER STATES. OUR OF STATES BELIEVE IN TAKING CARE OF THERE 100% DISABLED VETERANS. AND I KNOW THE GOVERNOR GAVE OUR ARMY NATIONAL GUARDS IN KANSAS FREE HUNTING AND FISHING LIN. THATS PRETTY BAD WHEN THE DISABLED VETERAN DOESN’T GET THESE RIGHTS. I GUESS A DISABLED VETERAN THAT LIVE IN KANSAS DOESN’T MATTER TO OUR GOVERNOR OR OUR REP. AND SENTORS DON’T CARE ABOUT THE DISABLED VETERAN. I BELIEVE MY WIFE AND I HAVE BEEN TALKING THAT WE MY BE MOVING TO A STATE THAT CARES ABOUT THE 100% DISABLED VETERANS. AS YOU KNOW THE MR. BUSH SAID OUR VETERANS WOULD BE TAKEN CARES AND THERE FAMILIES , I DON’T SEE THIS IN KANSAS IS THIS JUST TALK, WE NEED SOMEONE TO SPEAK UP FOR US KANSAS 100% DISABLED VETERANS BECAUSE WE ARE BEING LET OUT AND PUT ON THE BACK BURNER I GUEST. OUR PRES. MR. BUSH SAID HE IS GOING TO DO ALL HE CAN FOR THE VETERAN NEED IT HE ALSO NEEDS TO GET WITH THE GOVERNOR AND THE SENTORS AND THE HOUSE COMMIUNTEE ON THIS BECAUSE THE KANSAS VETERAN FOUND OUT WHAT WAS DONE FOR THE ARMY NATIONAL GUARDS AND WE ARE ALL UPSET OVER THIS. CAN YOU HELP US OUT HERE IN KANSAS. If any one can help us out just E-MAIL me at harpoo@sbcglobal.net THANK YOU FROM HAROLD

  • It is very disgusting for me, a disabled Viet Nam era veteran, to see the majority of the country vote into office people who will accept deferments, profit from no-bid contracts from companies they were once associated with, criticize others who even question their questionable ways of getting us into what seems another unwinnable war. THEN, above all, try every way possible to cut veterans benefits at the same time trying to appear so much more patriotic than those who actually served in many cases. As a former teacher, I think our educational system must be failing for a majority of the people of this country to elect such people to lead this great country.

  • 12/29/05

    It is now the end of December 2005. I began informing the Veterans Administration in March 2002 that the VA is in violation of 38 USC 1722a, regarding prescription co-payment over-charges. Where is this case at the moment? But first, those veterans unfamiliar with my claim, and to remind others… briefly.. paragraph 1 states, that a veteran is required to pay $7 for a 30-day prescription. The supply can be 30, 60 or 90 pills, all for the $7 co-pay cost.

    Now, for example, using a 90 pill, 30-day, $7 co-pay supply, the VA, using creative accounting, will use this same identical prescription, and increase the cost by 500%. From $7 to $42. Why? Because… the prescription requires splitting pills. This 90 pill, $7 supply is now a 6 month, split pill, 30 day, $42 supplies.

    Paragraph 2, states, “The Secretary may not require a veteran to pay an amount in excess of the cost to the Secretary for medication as described in paragraph 1.” And what was the described co-pay cost? $7 to the veteran who’s prescription for a 30-day, 90 pill supply, “..as described in paragraph 1.” For those who want to believe, this 90 split pill prescriptions, in reality, are $7 co-pay, 30-day supplies, I submit that ,with no mention of quantity, the amount of the 30-day supplies involved, neither the Code of Federal regulations, or the United States Code itself, gives reference, to greater co-pay costs beyond what has been established for like 30-day, $7 co-pay supplies.

    Were do veterans stand at the moment, since my inquiry of 2002? You guessed it! Nobody cares.

    I called the VBA (12/23) about my claim, if, by chance, my request for docket advance was honored? I was told, the VBA is presently working on April 2004. My 2005 claim will not be for some time. The VBA does care about, or if , veterans co-pays are being overcharged. These overcharges will continue in 2006.

    From Senator Durbin 8/11/05, “I have been informed of the nature of your concern and will do my best to assist you….will contact the Department of Veterans Affairs to make an inquiry..You will be contacted as soon as a response has been received. We ask that you allow at least thirty(30) to sixty(60) days for a response.” 11/1 I wrote to the Senators office, mentioning, “.. it is now Tuesday November 1st“. And today is Dec. 23, 2005.

    If you think things are bad now for veterans, wait till our men and women soldiers return from Iraq and Afghanistan. You haven’t seen nothing yet!

    Haiki

    • I just checked as to the status of my claim which is presently docketed at the Board of Veterans Appeals. I was told they are presently working on the December 2004 docket schedule. They really don’t care.

      To remind you of my claim, I always believed the reason for the “less than 30-day medication supply” (38 USC 1722a) was meant for those emergency room type visits, one shot deals. I kept wondering what if the Board of Veterans’ Appeals, interpret paragraph 1 according to established VA billing practices, which I am arguing. Determining, as they do, that my 15 split pill, 30-day supply, is less than a 30-day supply.....period. End of story. No if, or and’s about it!

      38 USC 1722a, requires a co-pay cost of $8, "..for each 30-day supply.." outpatient prescription. No matter what the supply amount.

      But, I wonder no more. The Veterans’ Medical Care Appropriations and Funding Process, dated 9/30/2004. Congressional Research Service (CRS) report for Congress supports further my BVA claim, and this 30-day or less cost, stated.....

      The Veterans Millennium Health Care and Benefits Act of 1999 (P. L. 106-117)
      authorized VA to increase the medication co-payment amount and to establish annual
      caps on the medication co-payment amount.26

      26 "This law allowed VA to increase the co-payment amount for each 30-day or less supply of medication provided on a outpatient basis (other than medication administered during treatment) for treatment of a non-service-connected condition."

      "Other than medication administered during treatment", CRS documentation describing the co-pay charge, and how it is to be applied. This is of further significance in understanding 38 USC 1722a. Meaning medication required in the treatment of more than one 30-day supply of 15 pills (split), this law does not allow an increase in the co-payment for, "..an amount in excess of the cost to the Secretary for medication as described in paragraph 1." If the cost to the Secretary for a 45 pill, or more, 30-day monthly supply is $8.00, as described in paragraph 1, why then are veterans’ being charged $24.00 (split pill) for an $8.00 30-day supply?

      If a veteran receives a 30 pill, two month supply (split pill), it is for a medication administered for a treatment of a condition. Therefore, is15 pills, less than 30-day supply? I don’t think so. Do you see the contradiction? Plus, charges for a co-pay cost are beyond the amounts of what has been established for like, or greater 30 pill, 30-day monthly medication co-payment costs. Resulting in continuation of over-charges to well over 1.1 million veterans. Having refused my request for an advance on the docket, the BVA could care less.

      Veterans’ who fall under the 30-day or less $8 co-payment description (as described in this report to Congress), are for treatment of a non-service connected condition such as a bad cold, dizziness, don’t feel well, cut my finger, etc., visits. As veterans’ who visit the VA for periodic checkups, and receive , for example, Simvastatin, Atenolol, prescriptions for medication administered during the treatment of a condition these are not 30-day or less supplies.

    • Update to my Board of Veterans Appeals claim submitted Dec. 29, 2005.

      My claim effecting VA prescription over-charges for split pill supplies of well over 1.1 million veterans’ remains on the docket as originally scheduled. Illinois Senator Richard Durbin made an appeal on my behalf to advance my case on the docket, because of the “general application” nature of my claim, effecting millions of veterans’. However, the requirement to advance relies on the precise language, “general application effecting other claims’. Because my claim may perhaps be the only claim, the BVA would not budge. Never mind the over-charges for those millions of veterans. For them, and me, these over-charges will continue. During my call to them, I was told the Board is presently working on claims submitted in March 2005.
      Haiki

    • 38 USC 1722a Vacated and remanded.

      Regarding my claim, VA violation of 1722a, I have been advised......

      In the United States Court of Appeals for Veterans Claims. 7/11/2007. "James Nicholson Secretary of veterans Affairs respectfully moves the Court to vacate and remand the march 13, 2007 decision of the Board of veterans Appeals..."

      "The file was not received or logged at the Hines VA Medical facility and moreover, was not returned to the VA Madison medical facility. Upon discovering the file was lost, the file was re-built by the VA medical facility...Appellant’s file was lost and has been re-built, as such, the evidence necessary for effective judicial review...is now only available in the re-built file...the original file relied upon by the Board [CAVC] in rendering the decision on appeal is no longer available for the parties and the court,....the Secretary cannot use the re-built file because the Board [BVA] did not rely on that file in rendering it’s March 13, 1007, decision."

      "Therefore, the Secretary respectfully moves the Court to vacate and remand the March 13, 2007, decision, in order to allow the Board [BVA] to re-adjudicate Appellant’s case with the re-built file."

      Now, the good news part of all this, as advised by legal counsel handling veterans‘ claims, “I have to admit, this is unique, in a good sense for you.,, The VA has asked the Court to remand your appeal to the BVA to make a new decision regarding the co-payments. This, in effect, is a win, although ...The only remedy the court issues, with only a rare exception, is a remand. Reversals (an outright win for the appellant) can be counted on one hand on an annual basis. So this is what we believe would happen anyway, only it would be a year or so down the line.”

      So, I say to all that have been following this 1722a issue, is, let’s go with the good news feeling that I got out of this. Although, while we wait this out, illegal co-payment over-charges will continue for thousands, upon thousands, of veterans. I will keep you advised.

    • Regarding VA violation of 38 USC 1722a.

      The Board of Veterans’ Appeals, denial, Conclusion of Law, states, "The appellant is obligated to pay VA copayment for each 30-day or less supply of medication provided by VA on an outpatient basis. 38 U.S.C.A. Sec. 1722a; 38 C.F.R. Sec. 17.110 (2006)."

      Finally, after the Criteria and Analysis, and references to other law statutes, the Board, in concluding states, “38 USCA 1722a clearly pertains to VA’s cost in dispensing the medication, not the cost to the appellant... The Federal register of July 16th, 2001; Also under U.S.C. 1722A, VA may not require a veteran to pay an amount in excess of the actual cost of medication and pharmacy administrative costs related to the dispensing of the medication. VHA conducted a study...and found that the VA incurred a cost of $7.28 to dispense an outpatient medication....under these circumstances, we believe that a $7 copayment would not exceed VA’s cost.”

      Clearly, dispensing of medication is the key to the Board’s argument, as well as mine.

      The VA pharmacy dispenses a supply of 30 pills, the copay cost, whether the amount is 15, 30, 60, or 90 pills the copay is $8. A 30 pill prescription may require that the supply be split. Now becoming a 2 month supply. VA’s copayment charge is $16.

      A supply of 30 pills carries the maximum copayment charge of $8, for a 30-day supply, and a veteran is not required to pay an amount in excess of the cost to the Secretary, as described in 38 USC 1722a paragraph 2, and noted in the Decision of the Board of Veterans Appeals reference. The Board citing the Federal register, 12/6/2001. “The VA incurred a cost of $7.28 to dispense an outpatient medication..” (rounded out to $8). Why is it, that a veteran is charged $16 for the exact same $8 prescription, 30 pill supply?

      The BVA in denying the appeal, they cite, “.. 1722a clearly pertains to VA‘s cost in dispensing the medication...,The VA incurred a cost...to dispense medication..”, providing the answer to their apperception. Dispensing! The VA charges the veteran twice, or double, as claimed, for the same dispensing cost required to dispense the exact same, one(1) 30-day, $8 supply. Exceeding the cost a veteran is not required to pay. I, like the Board, I am, “..unable to find any authority allowing for a deviation from the standard copayment.” As well, “The Board has no authority to act outside the constraints of the statutory and regulatory criteria.”

    • VA prescription copayment studies

      The following study is from “Reforming VA’s Medication Copayment Statute” by Timothy J. McDonald. “..graduate of the Health Law Certificate Program at the University of Pittsburgh School of Law and is currently serving as a Presidential Management fellow in the Patient Care Services Office of the Veterans Health Administration.” A link follows. This is followed by studies showing the effect of the VA copay increases.

      “The limitation imposed by the copayment legislation that prevents VA from charging the veteran more than the cost of the medication to VA has led to at least one case before the Board of Veterans’Appeals (Board). 31 This case involved “pill splitting,” a practice where VA provides medication in a dosage that is higher than needed, and then has the patient split a single pill into two separate doses”

      “However, the current medication copayment that many veterans are charged is based on outdated legislation…”

      “This problem is not limited to cases where the veteran is splitting tablets. In fact, based on VA’s increased efficiency and price negotiation in the pharmaceutical arena, it seems very likely that under the current copayment plan many veterans are charged excessive copayments by VA.44”
      http://www.va.gov/vbs/bva/manuals/vlr1mcdonald.pdf

      Co-Payment Increases Result in Gaps in Veterans’ Prescription Usage
      American Heart Association rapid access journal report:
      Study highlights: — Cholesterol-lowering drug adherence drops with an increase in VA prescription co-payments.

      DALLAS, Jan. 13, 2009 — Fewer veterans filled their prescriptions for cholesterol-lowering drugs after an increase in co-payment costs for prescription drugs, researchers report in Circulation: Journal of the American Heart Association.
      http://www.reuters.com/article/pressRelease/idUS212289+14-Jan-2009+PRN20090114

      Impact of a prescription copayment increase on lipid-lowering medication adherence in veterans.
      http://www.ncbi.nlm.nih.gov/pubmed/19139387

      The Effect of a Medication Copayment Increase on Metformin Adherence by Veterans with Diabetes

      Rationale: Copayment increases have been shown to affect health care demand in many settings, and adherence to essential medications may decrease when medication copayments rise. In 2002, the Veterans Administration (VA) increased medication copayments from $2.00 to $7.00 per 30-day prescription fill.
      http://www.allacademic.com/meta/p_mla_apa_research_citation/0/9/0/4/4/p90444_index.html

  • The government doesn’t care about us veterans. If they did we wouldn’t have to go thru the BULLSHIT we do to get what was promised to us. The only two ways we can do anything about it is to vote the stupid non veterans pieces of shit out of office or kill them. Or we can do like the Blacks do and stop traffic on Major Hiways. It seems to work for them. We have no one to complain to about the treatment or should I say lack of, that we get concerning health care and claims. Look at our so called leaders and law makers they get a big pension for doing nothing, even if they committ a crime and go to jail. If we committ a crime and go to jail we lose our benefits, and if not we have to payback what we have gotten while in jail. What kind of BULLSHIT is that? I saw a sign at the Jefferson Barracks VA Hospital in St. Louis, Missouri recently stating that if you were injured in Desert Storm or during the Iraqi war that the VA would give you free medical care for two years. What kind of BULLSHIT is this? Who are they tring to kid? I ASK YOU MY FELLOW VETERANS TO RISE UP AND CLAIM WHAT WAS PROMISED TO US FOR DOING OUR DUTY.
    Marc,
    m6c9d2000@yahoo.com

  • I am happy there are veterans involve in the fight to gain fair treatment for veterans needs. I am in a fight of my own at this time and I would like to know your opinion.
    I am very concern about the focus of the Veteran administration the approach , and the time spent trying to find fault in a veteran’s educational process of earning a college degree instead of helping a veteran to find a solutions to problems that he is facing in his efforts to earn college degree. one of the problem that I am faced with in working with the Veteran Administration Vocational rehabilitation program is that The Veteran Administration VR agreed to help me to gain training that would help me become more employable because i have a service connected physical disability that has caused me a great deal of problems finding suitable employment. The Veteran Administration VR helped me with tuition and books and a monthly stipend while I been working toward my degree. Yet, I have one semester to go in finish my degree program and The Veteran Administration VR refuse to help me with the cost. So, instead of The Veteran Administration VR offering me a solution to my problem they just leave me hanging. I have to go out and find resources that would help me with my last semester of earning my degree. I had been working with the State vocational rehabilitation services for about 2 or 3 years before I could get any help from The Veteran Administration VR . I even tried to educate myself with skills by attending a vocational school and learning Telecommunication with out any assistance from The Veteran Administration VR even though I have an service connected disability that was not rated higher enough to receive any help from The Veteran Administration VR .

    Yet, the key issue is I have been cut off from the The Veteran Administration VR for help with my tuition and books and stipend. Therefore, the school is using my Pell grant to pay my tuition and I am running short of funds for my books.The Veteran Administration VR is up in arms about me mentioning to them that the State Vocational Rehabilitative service agreed to help me with my tuition and to provide other services that were needed that The Veteran Administration VR did not pay for or take care of in order to help me complete my training so that I could have the right skills in order to find work and earn a living. Now the The Veteran Administration VR want me to sign a release of information form in order to in give them authorization to get my file from the State Vocational Rehabilitation to see if they were paying for my books and tuition. I feel if The Veteran Administration VR were so concerned about student financial aid resources that I am getting to help with my education then they should check with the school financial aid department that I am attending in order to see what kind of financial aid that I am receiving. I have no problem giving them a sign release form to request my information from the State Vocational Rehabilitation service but I am concern with the time and aggravation of them looking for problems to issues concerning my student financial aid resources instead of helping me to find solution to problems they have created by not being willing to help pay for my last semester of training that would lead to a degree.

    • Write a "Single Use Clause" agreement and submit to them for signing. If they agree and sign, then let them discover their errors. Otherwise, let them go to hell. Looks like a "BOHICA" situation

  • Our veterans deserve competent medical care, not a bunch of narcisistic practicing medical students that can’t be sued. They shouldn’t have to find out the hard way like I did!!!!!!!!! Yes you can erase the truth, It’s the VA way!

  • Has there been any update to this story? I am also curious to know if Buyer has ever been in the military (I doubt it) but if so, for how long?

    Sharon Hunter, Maj (ret), USAF/USAFR
    sharonhunter1@msn.com

    • Well boys and girls whats going on now with the VA is EXACTLY whats been going on since Viet Nam. ( my war). And I imagine the WW2 and Korean Vets will concure. I’m a combat Vet of Viet Nam 1970 and have been fighting for my bennies since then. As long as this country is run by the rich and very much privledged who are for the most part EXEMPT from ever serving we vets will NEVER get our bennies without years of fighting. All it is ,is double talk and lies. And with the system exempt from ANY accountability its douptfull that us vets will see any change in our lifetimes. When I was 19 I waved my flag high and proud. But now at 58 after years of watching America jerk its vets around " The land of the Free and the home of the Brave" no longer has any meaning for me. Scouts Out

  • Congress wants the delay process to continue in the department of Veterans Affairs. They say they don’t understand the delays. However, if one looks closely at the number of remands that both the BVA and the CAVA have issued and examine the years of waiting, the long long long delays and many denials. It is built into the system and I personally believe that Congress knows that it can be stopped if they ever implement a pro veteran attitude and allow credible lay evidence and medical evidence. The only problem is then the budget has to grow accordingly and we know that isn’t going to happen. The wars for the industrialist and profiteering rich will continue until we wake up and take our government back. Let’s go ahead and vote veterans in office have your family, friends, and fellow Americans vote for real change Vote the dead beats and rich out of office and elect the commoner for change.

    • The war vet deserves the same salary/ benifits a s congress gets we do the bleeding/ dieing/ suffering while congress sets on their perfumed royal ass liveing the high life being waited on while the fighting men take all the chances, the vietnam war was a lie like the others the ones that put their ass on the line shouls have the same as congerss we keep america free congress doesn’t