Hiram's blog: "VA NEWS"

New VA Rules for Specially Adapted Housing Grants January 4, 2008 Program Aids Most Seriously Injured WASHINGTON – A change in the law that allows certain seriously injured veterans and servicemembers to receive multiple grants for constructing or modifying homes has resulted in many new grants, the Department of Veterans Affairs (VA) announced today. Before the change, eligible veterans and servicemembers could receive special adaptive housing grants of $10,000 or $50,000 from VA only once. Now they may use the benefit up to three times, so long as the total grants stay within specified limits outlined in the law. "Veterans seriously disabled during their military service have earned this benefit," said Secretary of Veterans Affairs Dr. James B. Peake. "This change ensures that every eligible veteran and servicemember has the chance to use the maximum amount afforded to them by our grateful nation." In order to ensure all previous recipients are aware of this opportunity, VA has mailed more than 16,000 letters to eligible veterans, reaching out to those who used only a portion of their grant or who decided not to use the grant even after initially qualifying. The response over the past year has been dramatic, with more than 4,600 applications received thus far. Of these, approximately 3,900 veterans have been determined eligible under the new law, and more than 200 grants already awarded. VA has averaged about 1,000 adaptive housing grant applications per year during the past 10 years. Since the program began in 1948, it has provided more than $650 million in grants to about 34,000 seriously disabled veterans. To ensure veterans' and servicemembers' needs are met and grant money is spent properly, VA works closely throughout the entire process with contractors and architects to design, construct and modify homes that meet the individuals' housing accessibility needs. Eligible for the benefit are those with specific service-connected disabilities entitling them to VA compensation for a "permanent and total disability." They may receive a grant to construct an adapted home or to modify an existing one to meet their special needs. VA has three types of adapted housing grants available. The Specially Adapted Housing grant (SAH), currently limited to $50,000, is generally used to create a wheelchair-accessible home for those who may require such assistance for activities of daily living. VA's Home Loan Guaranty program and the Native American Direct Loan program may also be used with the SAH benefit to purchase an adaptive home. The Special Housing Adaptations (SHA) grant, currently limited to $10,000, is generally used to assist veterans with mobility throughout their homes due to blindness in both eyes, or the anatomical loss or loss of use of both hands or extremities below the elbow. A third type established by the new law, the Temporary Residence Adaptation (TRA) grant, is available to eligible veterans and seriously injured active duty servicemembers who are temporarily living or intend to temporarily live in a home owned by a family member. While the SAH and SHA grants require ownership and title to a house, in creating TRA Congress recognized the need to allow veterans and active duty members who may not yet own homes to have access to the adaptive housing grant program. Under TRA, veterans and servicemembers eligible under the SAH program would be permitted to use up to $14,000, and those eligible under the SHA program would be allowed to use up to $2,000 of the maximum grant amounts. Each grant would count as one of the three grants allowed under the new program. "The goal of all three grant programs is to provide a barrier-free living environment that offers the country's most severely injured veterans or servicemembers a level of independent living," added Peake. Other VA adaptive housing benefits are currently available through Vocational Rehabilitation and Employment Service's "Independent Living" program, the Insurance Service's Veterans Mortgage Life Insurance program, and the Veterans Health Administration's Home Improvement and Structural Alterations grant. For more information about grants and other adaptive housing programs, contact a local VA regional office at 1-800-827-1000 or local veteran service organization. Additional program information and grant applications (VAF-26-4555) can be found at http://www.homeloans.va.gov/sah.htm.

By Erin Kutz, USA TODAY On a typical weekday, Jason Dethier puts his 5-year-old daughter on the school bus and watches his two younger children at home, while his wife, Marka, leads fitness classes for bouncing toddlers at the Rolly Pollies gym franchise they opened three months ago. At lunchtime, they switch roles. Their lives might have taken a different course if not for a magazine story they ran across last summer when they were interviewing for corporate jobs ahead of their discharges from the Air Force. The story was about two Navy veterans who had left corporate life to start Rolly Pollies, a young company that was franchising gymnasiums and activity centers for young children. John Mann and Joseph Dondero had started the first Rolly Pollies in Severna Park, Md., in 2002 and were looking for entrepreneurs to take their concept to other communities. "It looked like fun," Marka Dethier says. "We joked about how funny it would be if we did this." The Dethiers opened their Summerville, S.C., franchise in November, using the year's salaries they received after taking buyouts from the Air Force and a small loan, Marka says. Rolly Pollies helped, too. The company actively recruits veterans to their business by providing them a 15% discount off the regular $40,000 franchise fee. Veterans own five of the seven Rolly Pollies franchises currently open, Mann says. Rolly Pollies is just one of almost 300 businesses providing financial benefits to honorably discharged veterans looking to open a franchise, through the Veterans Transition Franchise Initiative, or VetFran. The program is a collaboration of the International Franchise Association (IFA), the U.S. Department of Veterans Affairs, the Small Business Administration (SBA) and The Veterans Corp. More than 1,000 veterans have opened franchises through the program, says Terry Hill, vice president of communications for IFA. A typical VetFran discount ranges from 15% to 25% off franchising fee costs. Total start-up costs can run from $15,000 to millions of dollars, he says. Variety of participants VetFran companies offer assistance to recently discharged veterans as well as those out of the armed services for decades. They include fitness centers, repair services and restaurants, such as: •UPS (UPS) and its Mail Boxes Etc. stores, which has opened the most franchises through VetFran, 135. •Pizza chain Little Caesar Enterprises, which offers the more moderate $10,000 discount to all qualifying veterans, but gives a $68,000 break to service-disabled veterans. Little Caesars founder Michael Ilitch created that discount in honor of Robbie Doughty, an Army officer who lost both legs while serving in Iraq, according to Little Caesars President David Scrivano. Start-up costs for a Little Caesars franchise range from $50,000 to $150,000, according to VetFran's website. •Aamco Transmissions, which takes $5,000 off the franchise fee of $31,500, VetFran's website shows. Start-up costs for an Aamco franchise are $60,000. VetFran began during the 1991 Gulf War but ended about as quickly as the war did, Hill says. It relaunched after the Sept. 11 attacks. Most VetFran franchisees require additional financial assistance and loans through agencies such as the SBA, Hill says. The SBA guarantees more than $1 billion in small-business loans annually to veterans. The average Rolly Pollies franchisee faces start-up costs of $75,000 to $90,000, Mann says. The total investment required for a franchise can run from $200,000 to $290,000. The money from their military buyout and a loan were critical to get started, Marka Dethier says. But they would have been less likely to open the franchise without the $6,000 veterans discount, she says. "We took one look at (Rolly Pollies) and thought this would be huge," she says. "But this was scary for us because we were used to the steady income and health care. … In the military, I could have a good day or a bad day, and I'm going to get a paycheck." While Rolly Pollies does not lend any direct financial aid once the veterans' franchises are up and running, it will extend the 15% start-up discount if a veteran wants to open a second franchise, Mann says. Rolly Pollies' preference for military veteran franchisees is an extension of the camaraderie experienced in the military, Mann says. "The money helps, but it's also the mentality," he says. "We've got the instant mutual respect for one another. They really trust that we're looking out for them and that we're going to do everything in our power for them to succeed." Market for military values The original VetFran program was founded by Donald Dwyer, the now-deceased owner of several home-repair companies, who sought veterans for positions in his companies because he valued the work ethic and management skills they learned in military service. Last month, the company even created a director of military development position to specifically target veterans for recruitment. "Sometimes it doesn't work out perfectly," says Dina Dwyer-Owens, Dwyer's daughter and CEO of The Dwyer Group. "But veterans just really absorb systems. We haven't had a big challenge with them." Another Rolly Pollies franchisee, former Marine pilot Marty Fisher, opened his Mooresville, N.C., franchise in July and expects the business to turn its first profit this quarter. He has about 200 children enrolled in his fitness programs. The Dethiers haven't seen profits for their fitness center yet, but they are just shy of covering all expenses, Jason says. They have about 100 children enrolled in their nine-week fitness classes; parents pay $13 a week for each child. The Dethiers hope their business will be profitable by the end of the year, Jason says. For now, they're enjoying the family time they sought with a return to civilian life. "We're working more hours in aggregate," he says. "But the quality of time spent with the children is a lot better. We can bring them to work if necessary. It's a nice touch, something you can't do at a normal job."

Recognition is growing in the military that soldiers' injuries put extra hardships on immediate family members. By Gordon Lubold Staff writer of The Christian Science Monitor Washington -- It's become a new refrain: Families of veterans, say advocates and senior military officials, are becoming "brittle" from the strains of war and need help. The controversy last year surrounding Walter Reed military hospital called attention to the problems of ailing veterans, and the Pentagon moved to improve care and shore up lagging programs. Now the focus is broadening, as advocates and military officials recognize that family members of injured veterans endure extra hardships and need help caring for their loved ones. This new push is as much for members of families caring for injured veterans who will most likely not return to active duty, as for families of active duty National Guard and Reservists whose families are dealing with the impact of their deployment overseas. Some advocacy groups insist that the families of injured veterans are in crisis. "We have to take care of the caregivers," says Joy Elam, assistant national legislative director for the advocacy group Disabled American Veterans. "There are huge gaps in those programs." About 40 percent of the roughly 300,000 veterans from the war in Iraq have accessed Veterans Administration mental healthcare benefits, for everything from posttraumatic stress disorder to substance abuse and "mood disorders," says Rep. Michael Michaud, a Democrat from Maine who chairs a subcommittee on the House Committee on Veterans' Affairs, and held a hearing on the matter last week. "Veterans' mental-health conditions not only affect the returning veterans, but also have a significant impact on their families," he says. "While the VA is working hard to care for veterans with mental-health needs, too often families of these veterans are neglected." The case of Annette McLeod illustrates this. McLeod's husband, Wendell, is a soldier who was severely injured in July 2005 near the Iraq-Kuwaiti border when a truck door blew open and sent him sailing through the air. He suffered back and shoulder injuries, but also developed a "cognitive dysfunction" that has made it impossible for him to return to work thus far. He now waits to hear if the Army will give him permanent disability status. Annette had to quit her job at the assembly line where she had worked for 20 years to take care of him full time. The couple live on his VA income and Social Security. The last few years have left her feeling isolated, overly dependent on government aid that she says is unpredictable, and sometimes depressed. She says she remains optimistic about a life that is now forever changed, but she would like education benefits and other assistance to help her make it through. Citing the impact her husband's injuries have had on her life, she supports benefits programs that could help her take care of her husband or get an education to allow her to get back to work. "I sort of feel like I've been pushed aside," she says. Military family advocates such as Elam are pushing Congress for more "caregiver assistance" programs that will help a spouse or parent, for example, learn how to care for the injured veteran. The VA now has about eight such assistance centers, all pilot programs. But advocates want an expanded program that provides "emotional support" for caregivers in rural areas and training in other coping skills to manage their new challenges. Many of these caregivers need mental-health services, and groups like the National Military Family Association are pushing the VA and Defense Department to hire more mental and healthcare providers to assist service members, veterans, and their families. The fact that Congress has expressed an interest in this emerging issue and held the hearing last week is good news in and of itself, say military advocates. But they also want action. "That's a leap forward that we are very excited about," says Joyce Raezer, executive director of the National Military Family Association, based near Washington. "It's about time. They can't ignore the families." Ms. Raezer is concerned that while there is reasonably good support for veterans and even their families when they are in active care at places like Walter Reed or the National Naval Medical Center in Washington, support begins to deteriorate when people go back home. She and others want to make care more accessible, especially to those who have left active duty and don't live near a military installation or other facility. Over the past several years, the military has paid more attention to the needs of families. Although the legislative focus is on families of injured veterans, military commanders also talk about the importance of taking care of active duty or Reserve members' families. Commanders say there is a moral imperative to do so, but it also makes good business sense. The Marine Corps, for example, is asking for an additional $100 million for family programs, including for family readiness officers – dedicated individuals who can assist families during deployments. The Army, too, is creating a "Army Family Covenant," a $1.4 billion program to take care of active-duty and National Guard and Reserve families with expanded childcare, respite care, and services for youth.

Federal Benefits for Veterans and Dependents includes resources to help veterans access their benefits, with a listing of toll-free phone numbers, Internet addresses and a directory of VA facilities throughout the country. The handbook can be downloaded free from VA’s Web site at http://www.va.gov/OPA/vadocs/current_benefits.asp. The handbook is one of the top selling consumer publications of the U.S. Government Printing Office (GPO). GPO accepts credit card orders for the publication at 866-512-1800 (toll-free) for a cost of $5 each to U.S. addresses, or $67 for bulk orders of 25 copies. It can be ordered by mail from the GPO at Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000 (stock 051-000-00233-4) or on line at www.bookstore.gpo.gov. In addition to health-care and burial benefits, veterans may be eligible for programs providing home loan guaranties, educational assistance, training and vocational rehabilitation, income assistance pensions, life insurance and compensation for service-connected illnesses or disabilities. In some cases, survivors of veterans may also be entitled to benefits. The handbook describes programs for veterans with specific service experiences, such as prisoners of war or those concerned about environmental exposures in Vietnam or in the Gulf War, as well as special benefits for veterans with severe disabilities.

March 27, 2008 Women Vets Have Earned "Benefits, Respect, Thanks" – Peake Fourth National Summit on Women Veterans Issues Begins June 20 WASHINGTON -- Recognizing the valor, service and sacrifice of America’s 1.7 million women veterans, the Department of Veterans Affairs (VA) has created a comprehensive array of benefits and programs. "Women who served this country in uniform -- whether veterans of World War II, Korea, Vietnam, the Gulf War, the current Global War on Terror or peacetime service -- have earned our respect and thanks," said Dr. James B. Peake, Secretary of Veterans Affairs. "They have also earned the full range of VA programs offered by a grateful nation." Secretary Peake also announced the Fourth National Summit on Women Veterans Issues to be held from June 20 – 22 in Washington D.C. The Summit will offer attendees an opportunity to enhance future progress on women veterans issues, with sessions specifically for the Reserve and National Guard, information on military sexual trauma and readjustment issues, after the military veteran resources and many more programs and exhibits. Women veterans are entitled to the same benefits and medical care as their male counterparts, including health care, disability compensation, education assistance, work-study allowance, vocational rehabilitation, employment and counseling services, insurance, home loan benefits, nursing home care, survivor benefits, and various burial benefits. VA also has a multitude of services and programs to respond to the unique needs of women veterans. VA offers comprehensive, high-quality primary health care services for women, including Pap smears, mammography, and general reproductive health care. Along with these services, VA’s mental health care for women includes substance abuse counseling, evaluation and treatment of military sexual trauma and Post Traumatic Stress Disorder (PTSD). VA has several specific initiatives for 2008 including: * enhancing skills of primary care providers who treat women veterans; * examining other women’s health issues, including cardiac care, breast cancer, and colorectal cancer in women; * focusing on family issues and avoiding birth defects through enhanced pharmacy practices for women veterans of child bearing age. Women veterans are the fastest growing segment of the veteran population second only to elderly veterans. Approximately 1.7 million women veterans comprise 7 percent of the total veteran population. Approximately 255,000 women use VA health care services. Today, over 200,000 women are serving in the Armed Forces. With the increasing number of women, VA estimates by 2020 women veterans will comprise 10 percent of the veteran population. There is a women veterans program manager at every VA medical center, a women’s liaison at every community based outpatient clinic and a women veterans coordinator at every VA regional office. VA is reaching out to women veterans who are experiencing problems related to sexual trauma or harassment while in the military. All veterans, men and women, may receive free counseling, disability compensation, and related services for sexual trauma incurred in the military. In addition, there are programs for women veterans who are homeless or are victims of domestic violence. There is a Military Sexual Trauma (MST) point of contact for psychotherapy at every VA medical center. Extensive enhancements of the MST program have taken place over the past two years, including training of providers in the most current effective treatments for PTSD and sexual trauma. In addition, VA has sites for combat PTSD in women and is examining how best to address complex combat and MST issues. In addition to the services provided at each VA medical center, the Department also operates fifty Women’s Health Centers, within medical centers, that serve as specific locations for women veterans to receive care. These centers develop new and enhanced programs for women; some also conduct research on medical and psychosocial issues. Secretary Peake recently visited the largest women’s center in the VA, located at the James A. Haley VA Medical Center in Tampa, Florida. With more than 20,000 women veterans enrolled for care, the center is able to provide a variety of women specific services in one location. Through its Center for Women Veterans and the Secretary’s Advisory Committee on Women Veterans, VA is continually looking into new and innovative ways to provide improved benefits and services to women veterans. More information on the Fourth National Summit on Women Veterans Issues can be found at www.va.gov/womenvet . For more information about VA benefits and services, veterans may contact their local VA regional office, medical center, or vet center. For questions concerning VA benefits call 1-800-827-1000, for questions concerning VA health care call 1-877-222-8387 or go to our website at http://www.va.gov .

WASHINGTON — In the year that has passed since Staff Sgt. John Daniel Shannon told Congress of the neglect he suffered at Walter Reed Medical Center, the Army’s premier hospital has begun to turn around. "One of the first things they implemented was the Warrior Transition Unit. That is probably one of the best moves they ever could have made," Shannon said. The unit provides wounded soldiers with a direct point of contact to help manage their recovery as they pass through the hospital and aftercare. Wounded soldiers now don’t have to worry as much that they will be lost in the bureaucracy as he was when he arrived at Walter Reed in November 2004, said Shannon, 44. "Anyone like me, an individual patient, has a lot more access to people to ask questions of those who have the responsibility to get things done," he said. Five days after suffering a gunshot wound to the head that cost him an eye, Shannon was handed a photocopied map of Walter Reed’s campus and directed to its outpatient Mologne House. "I was extremely disoriented and wandered around while looking for someone to direct me to the Mologne House. Eventually, I found it. I had been given a couple of weeks’ appointments and some other paperwork upon leaving Ward 58, and I went to all my appointments during that time," he told a Congressional panel last year. "After these appointments, I sat in my room for another couple of weeks wondering when someone would contact me about my continuing medical care. Finally, I went through the paperwork I was given and started calling all the phone numbers until I reached my case manager, who promptly got me the appointments I needed." Shannon left Walter Reed in October and moved to a home in Suffolk, Va., with his wife and two sons. The transition from active duty to retired was not as seamless as Congress has demanded of the Pentagon and Veterans Affairs. "There were hiccups along the way with that," Shannon said during a telephone interview last week. Shannon was discharged in December but didn’t start receiving disability benefits from the VA until February. In between, he received private assistance from the Coalition to Salute America’s Heroes. He also struggled to get the VA to complete its evaluation of his disability status. At one point, the VA wanted him to return to Washington for three medical appointments over a five-day period. His wife, Torrey, objected to him driving that distance and complained that he should be able to get the tests done at a VA hospital that is only 10 miles from their home. "It was very frustrating," she said. "We were just getting the run around. And, my concern is that if they were doing this to Staff Sgt. John Daniel Shannon, who testified in front of Congress and was on the front of the Washington Post, then what are they doing to the guys with no name?" Shannon’s appointments were switched to Hampton, Va., and he eventually received a full disability rating from the VA. Aside from losing his eye, Shannon suffers from a traumatic brain injury and post-traumatic stress that makes it impossible for him to hold a job. Rep. Christopher Shays, R-4, said that Congress should hear Shannon’s story as it continues to oversee the treatment of wounded warriors. "I think there is a need for more legislation but the most important thing is oversight," he said. The House Oversight and Government Reform subcommittee on national security held a hearing last week on progress at Walter Reed. The Government Accountability Office testified that the Army had significantly increased support for service members undergoing medical treatment and disability evaluations, but challenges remain. "The bottom line is that there still are problems with the handoff from the Department of Defense to Veterans Affairs," Shays said. "These hearings haven’t ended. The consensus is that notable progress has been made but there still are areas where they need to go farther." GAO noted that the Army has made significant progress in establishing the "Warrior Transition Unit" but has had to use temporary personnel to fill all the slots. Progress has also been made in streamlining the disability evaluation process but that has not been completed. Rep. John Tierney, D-Mass., who chairs the subcommittee, agreed that more needs to be done even though much has accomplished to improve the military health care system. "The Army has increased staff, as one example, by nearly 75 percent. I think that’s commendable. But unfortunately, I think we all recognized it’s equally clear that we have a ways to go on that," he said. In particular, Tierney said that borrowing from other units to fill key positions is a temporary solution to a problem that begs for a permanent answer. "Our wounded soldiers need long-term permanent solutions. And if any link in the support chain is weak, then the whole model cannot succeed. And once again, it’s the wounded soldiers and their families who will suffer," he said. Tierney also noted that there have been complaints for decades about Disability Evaluation System but little action. "If we don’t take advantage of this unique opportunity now to fundamentally fix the system, I’m concerned that five years from now we’ll still be wringing our hands and saying that we had an opportunity to act and did not," he said. Army Surgeon General Eric Schoomaker told the subcommittee that the Army is "truly committed to getting this right and to providing a level of care and support to our warriors and families that is equal to the quality of their service." Schoomaker said the Army now has 2,400 soldiers assigned to 35 Warrior Transition Units compared to February 2007 when 400 soldiers were doing the equivalent work. "The most significant feature of these Warrior Transition Units is a triad which consists of a primary care physician, a nurse case manager and a squad leader, working together to attend to the needs to each individual and their family," he said. "It’s a true transformation in warrior care." Schoomaker also acknowledged that the Army must continue to improve its physical disability evaluation system to make it "less antagonistic, more understandable and equitable for soldiers." Shannon said that he understands fundamental changes will take time. The task for Congress, he said, is to continue to ask questions and insure that milestones are being met. "It has been a very long time since the military and the VA have had to handle so many wounded combat veterans. As a result, there are a lot of holes for people to slip through in a system that is antiquated," Shannon said.

Army's 'Debt Of Service' Leaves Vets Perplexed Unbelievably, Soldiers Must Pay For Damaged Equipment Kirstin Cole Reporting (CBS) NEW YORK Servicemen and women who made huge sacrifices fighting in the war and now paying yet another price, even after coming home. One soldier in particular is currently battling against a new "debt of service." Brian Rodriguez is a fighter, an honorably discharged soldier who'd been deployed in Iraq. "I was a combat engineer," Rodriguez said. "We deal with land mines, explosives." He fought for his nation, only to return to his homeland and wage a fresh battle. Former Army Specialist Rodriguez started getting bills for $700 for lost or damaged government property this summer. Although he was discharged some four years ago, bills recently arrived demanding payment, but giving no details on what or why -- nor do they offer a way to dispute the charges. "For doing my job you're going to bill me?" Rodriguez said. And he's not alone. A 2006 government report found more than 1,000 soldiers being billed a total of $1.5 million. And while fighting overseas put their lives on the line, this battle on paper could cost them their future by ruining their credit. Rodriguez will be reported to credit agencies next month. "It makes a terrible point about the nature of military service today," citizen soldier Tod Ensign said. Ensign is a veteran's advocate. He says this is all part of the military�s push to be run more like a business. "They'll just pound him and call him, call his employers, and make his life as miserable as they can until he pays up," Ensign said. Testimony before Congress detailed in a report found that "although unit commanders and finance offices are authorized to write off debts for lost and damaged equipment ... they have not always done so." "It happens too often and it's just disgraceful," Sen. Charles Schumer said. "Here are people who are risking their lives for us and they come home and they're being treated as if they're criminals instead of heroes." Because it's been four years since he left the Middle East, Rodriguez's battalion was dissolved and his commanders are long gone. And despite repeated requests, the Army never could tell us what piece of equipment Rodriguez was billed for, nor would they get rid of the debt. "I did my time, I served my country and this is the thanks I get," Rodriguez said. Their suggestion? Call your Congressman. Schumer said he'll reach out to the Army to intervene on Brian's behalf.

Discharge suggested for anti-war Marine By HEATHER HOLLINGSWORTH Associated Press Writer KANSAS CITY, Mo. - A military panel recommended that an Iraq war veteran who wore his uniform during an anti-war demonstration lose his honorable discharge status, brushing away his claims that he was exercising his right to free speech. Marine Cpl. Adam Kokesh, a member of Iraq Veterans Against the War, argued that he did nothing wrong by participating in the March protest in Washington, D.C., because he removed his name tag and military emblems from his uniform, making it clear he was not representing the military. His attorneys argued the demonstration was "street theater," exempting it from rules barring troops from wearing uniforms at protest activities. After a daylong hearing Monday, a three-person Marine board recommended he receive a general discharge under honorable conditions, one step below an honorable discharge. It would let Kokesh keep all of his benefits. "What that means is he is not dishonorable, and he's only kind of honorable, so in effect, the board picked the safe route," said Kokesh's attorney, Mike Lebowitz. "This is a nonpunitive discharge," said Col. Patrick McCarthy, chief of staff for the mobilization command. "The most stringent discharge that could have been received is other than honorable, and the board chose to raise that up to a general discharge." After the hearing, Kokesh criticized the panel for not taking a stronger stand on the issue. He said he might appeal the board's ruling. "I do not think it was in the Marine Corps spirit to take the easy road or to not take a stand," said Kokesh, who is from Santa Fe, N.M., but is living in Washington. "In the words of Dante, the hottest layers of hell are reserved for those who in times of moral crisis maintain their neutrality, and I think that's what happened here today." After Kokesh, 25, participated in the March protest, he was identified in a photo caption in The Washington Post. A superior officer sent him a letter saying he might have violated a rule prohibiting troops from wearing uniforms without authorization. Kokesh had already received an honorable discharge from active duty before he participated in the demonstration, but he remains a member of the Individual Ready Reserve, which consists mainly of those who have left active duty but still have time remaining on their eight-year military obligations. His service is due to end June 18. An investigating officer had recommended that the board immediately discharge Kokesh under other-than-honorable conditions, the toughest such penalty it could impose. The Marines' first witness, Maj. John R. Whyte, testified that he wrote Kokesh an e-mail informing him that the Marines were investigating the possible uniform violation. Kokesh responded with a note that included an obscenity. Brig. Gen. Darrell L. Moore, one of two officers who received an e-mail from Kokesh that contained an obscenity, will likely be the person who will decide whether to go along with the board's recommendation. During closing arguments at the hearing, Marine Capt. Jeremy Sibert said military personnel can be punished if their civilian behavior "directly affects the performance of military duties and is service-related." Outside the hearing Monday, several people stood in front of a bus painted with anti-war slogans, such as "Bring Them Home Now," "Not One More!" and "What Noble Cause?" Two other veterans who received letters because of their protest activities traveled to Kansas City for the hearing.

VFW Emphasizes Official Position on Kokesh Situation WASHINGTON, June 3, 2007--Much is being made of our news release [VFW to Corps: Don’t Stifle Freedom of Speech] last Friday on protecting the free speech rights of demonstrators against the war in Iraq as partnering with Mr. Adam Kokesh in his argument against the Marine Corps leadership and as the VFW now supporting the anti-war movement. Neither premise is correct. Our release and my statements were simply espousing what we felt was a stretching of the regulations by the Marine Corps concerning Mr. Kokesh’s partial wearing of military camouflage clothing as a retaliatory measure. By doing so, it is our belief that it is a form of first amendment rights suppression. We see little difference between what Mr. Kokesh was doing than that of individuals though while in coats and ties, are leaders of a pack of retired generals (including Marines) appearing regularly on Sunday talk shows strongly condemning the war in Iraq. Retired military certainly have at least an equal status under the Uniform Code of Military Justice as does individuals in the Individual Ready Reserve, as Mr. Kokesh is presently classified. Our position cannot extend to a support of Mr. Kokesh’s overall actions, particularly his correlating vehement attacks on the leadership of the Marine Corps. We believe those actions to be repugnant and rather sophomoric. The Marine Corps has the right, indeed obligation, to investigate whether Mr. Kokesh used inappropriate and disrespectful language in written correspondence to the leadership’s inquiries and, if the allegation proves true, to commence pertinent disciplinary proceedings on that issue. Friday’s news release also must not be interpreted as supporting any facet or organization of the anti-war movement. The VFW’s position on the War on Terrorism has been clear and continues to be unwavering – we believe you cannot support our troops without supporting their mission. This is unequivocally outlined in our national resolution 406 [listed below] Gary L. Kurpius VFW Commander-in-Chief Resolution No. 406: SUPPORT THE WAR IN IRAQ WHEREAS, we support the Commander-in-Chief in his efforts to prosecute the global war on terrorism: and WHEREAS, the war in Iraq is part of that effort; and WHEREAS, the war in Iraq is considered the centerpiece and front line in the war of terror; and WHEREAS, United States armed forces should remain in Iraq in sufficient numbers until Iraqi forces can provide security for their nation; and WHEREAS, a strategy to announce a withdrawal date or rigid timetable will be exploited by the insurgency, giving them a timetable to execute patience and intensify their efforts after U.S. military forces leave; and WHEREAS, if U.S. military forces withdraw from Iraq before victory is achieved, that nation state will become a haven for terrorist activity, which likely includes planning and carrying out attacks against America, its allies and citizens at home and abroad; and WHEREAS, it is critical that the U.S. succeed in Iraq, which will result in stability and security in the region; and WHEREAS, U.S. armed forces and coalition partners are making significant progress in defeating the Iraq insurgency, rebuilding the Iraq infrastructure (i.e., schools, hospitals, water, sewerage and power generating facilities, etc.), and are greatly appreciated by the Iraqi people; now, therefore BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, that we support the Commander-in-Chief and the brave men and women fighting the war in Iraq, as a matter of security for the American people, until victory is achieved, defined as Iraqi forces being solely capable of securing their nation.

Charlotte Woman: Case against VA 5 years old Charlottean's claim on behalf of her late brother, twice denied by federal government, is now a lawsuit KAREN GARLOCH kgarloch@charlotteobserver.com A Charlotte woman's five-year effort on behalf of her Vietnam veteran brother illustrates how time-consuming and complicated it is to file a claim against the VA hospital system. Maelene Woods began the process after her brother, Edward Louis Hines Jr., 55, of Greensboro died at the Durham VA Medical Center in August 2002. After filing claims and administrative appeals and being denied by the federal government twice, she and Hines' family finally took their case to court Friday. "If you're going to do this, you really just have to hang in there," Woods said. "I had to research it to find out what needed to be done. It took a long time, waiting for records, making phone calls. I didn't want to miss anything because I knew if I did, it may be too late to bring it up if we had to go to court." Woods' older brother went to Vietnam at 19 and came back a changed person. Two of his best friends were killed there. "When he came back, his eyes, they were empty," she said. "I knew he would never be the same." He suffered from severe post-traumatic stress disorder, and nerve damage to his hands and feet made it difficult for him to walk steadily. Complaints about his VA medical care came in the last four months of his life, when the family alleges he was neglected while a patient at the Durham and Salisbury VA hospitals. VA officials declined to comment on the Hines case, citing privacy laws. After Hines died, Woods worked with his ex-wife, Nancy Hines, personal representative for his estate, to compile medical records she needed to file a formal complaint. Before veterans or their survivors can sue the U.S. government, they must file an administrative claim asking for payment. This must be done within two years of an injury. If the government doesn't respond or make a payment within six months, the family is free to sue. If the government denies the claim, a suit must be filed within six months or the right to sue is forfeited. Woods' claims, filed in 2003 and 2004, were denied by the government in 2005. Instead of suing immediately, she chose to file an administrative appeal. The government again denied her claims on Oct. 19. On Friday, six days before the deadline, the family's lawyer, Chris Mauriello of Cornelius, filed a lawsuit alleging wrongful death and negligence in U.S. District Court in Greensboro. Mauriello said the delay in bringing a lawsuit can make it hard to get witnesses and records for trial. But the process at least allows citizens to sue the federal government, which wasn't allowed before 1946. The Hines suit claims the hospitals failed to treat him for a dangerously low temperature and high potassium level and failed to protect him from falling and breaking both hips. Those conditions contributed to his death, the suit says. According to the suit, Hines' family took him to the Salisbury VA on May 3, 2002, because he was feeling "constantly cold" and unable to urinate for days. He had a "critically low" temperature of 92.8 degrees Fahrenheit. Normal is 98.6. He waited four hours before being admitted to the psychiatric unit, where he stayed 18 hours without treatment as his temperature continued to drop, the suit says. Thirty hours after his arrival, he was transferred to intensive care. The next day, records show he had lost 12.9 pounds since he was admitted, the suit says. Although Hines was known to be at risk for falls because of the nerve damage, he was left unattended and fell four times in the next month and a half at Salisbury. On June 11, he was found alone on the floor, having broken both hips. He was sent to the Durham VA for surgery. Over the next two months, he was transferred five times between the two hospitals even though his condition was "highly unstable" and the family objected, the suit says. On Aug. 18, Hines suffered a heart attack. A doctor ordered medicine to reduce the potassium level, but it was never given, the suit says. Hines died Aug. 25 of pneumonia and kidney failure. An N.C. medical expert, who reviewed Hines' records for Mauriello, said the high potassium level contributed to his heart attack. Woods said she, Nancy Hines and the Hines' three children took turns being with him while he was hospitalized and tried to bring attention to the problems they observed. "I didn't only do this for my brother," Woods said. "I'm hoping it will shed light on the treatment, or shall I say the lack of treatment, that the vets were being given."