NVS WEEKLY UPDATES
June 25, 2008

VA Secretary adds AL Amloidosis as a Presumptive Disease Associated with Exposure to Agent Orange

Primary AL Amyloidosis On July 27, 2007, the National Academy of Sciences (NAS) Institute of Medicine issued its most recent report on its formal review of the scientific and medical literature on health effects potentially related to exposure to herbicides and related materials used during the Vietnam War, Veterans and Agent Orange: Update 2006. A task force was formed to review the findings of the report and to make recommendations to the Secretary with respect to adding any additional diseases to the list of diseases currently recognized as being associated with herbicide exposure in Vietnam. Based on the recommendations of the task force, the Secretary announced his decision that the evidence warrants establishment of a presumption of service connection based on service in the Republic of Vietnam for primary AL Amyloidosis. As required by law, a notice will be published in the Federal Register announcing this addition and 38 CFR 3.309(e) will be amended to include this disease.

All Service Officer's are encouraged to review any past claims for service connection for AL Amyloidosis, and contact those veterans with service in Vietnam about the possibility of reopening a claim.

VA Secretary Rejects Presumption for Hypertension as due to Exposure to Agent Orange

The Secretary has determined there is no evidence at this time to support the establishment of presumption of service connection for hypertension due to exposure to the herbicide Agent Orange. Based on this decision, the stay on processing claims for service connection of hypertension as due to exposure to herbicides during service in the Republic of Vietnam is lifted and pending claims are to be resolved based on the evidence of record.

DFAS Toll-free Numbers for Military Retirees Concerning VA Retro Payments & CRSC

Military retirees concerned about retro payments may call DFAS toll free at 1-877-327-4457 with questions concerning their entitlement to VA retroactive payments. This phone number is exclusively for VA Retro questions. Customer service representatives are available at this number Monday through Friday from 8 a..m. to 4:30 p.m. (ET). For military retirees who have had their claim for CRSC approved, but have not received their checks, they may call 1-800-472-7098, for more information.

Military retirees with general questions concerning their retired pay accounts may call 1-800-321-1080, for assistance.

Uniform Mental Health Services in VA Medical Centers and Clinics

The Veteran Health Administration (VHA) has issued VHA Handbook 1160.01, dated June 11, 2008, specifying the mental health services that are available to all enrolled veterans. The entire handbook is attached for your review. We suggest that you may wish to review it electronically before printing. (Save a tree.)

Military Tax Breaks are Signed into Law

The Heroes Earnings Assistance and Relief Tax Act of 2008, or HEART Act, includes a provision allowing military families to receive the $600-per-person economic stimulus rebate even if a spouse does not have a Social Security number.

Also, through the law:

* Survivors of people who die on active-duty are now allowed to put all or part of death gratuity payments into a tax-deferred savings or retirement plan, even if this puts them over the annual limit for contributions.

* Mobilized National Guard and reserve members may make penalty-free withdrawals from their personal retirement plan, which especially helps those with financial troubles caused by military service.

* Guard and reserve members who contribute to an employer-provided flexible spending account can get refunds of contributions at the end of a calendar year, rather than lose the money, if they have been mobilized, since mobilizations could interfere with their ability to spend money as expected.

* Small businesses employing Guard and reserve members may receive a $4,000 tax credit to make up salary differences for employees who are mobilized for military duty.

* When calculating aid for military families, the Social Security Administration will not use combat-related pays to disqualify a family for disability or health benefits.

* California, Texas and other states with their own home loan programs would be able to provide loans to newly discharged service members, something that was not previously allowed because of bond-related issues.

Prohibition of Interment in National Cemeteries Due to Commission of Capital Crimes

Federal Register, June 23, 2008 (Volume 73, Number 121), published the final rule concerning prohibition of interment or memorialization in National Cemeteries and certain State Cemeteries due to commission of Capital Crimes. This final rule amends VA regulations governing who may be buried in national cemeteries. With this change, someone convicted of a capital crime may not be buried in a national cemetery.

A capital crime is defined as: (b)

* * * Federal capital crime means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.

* * * * * State capital crime means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.