Group insurance has paid out $103M to severely wounded

More than 1,600 severely wounded servicemembers have received cash payouts through the new Traumatic Servicemembers Group Life Insurance program in its first three months, according to program officials.

The program, launched in December, allows servicemembers to pay $1 a month for insurance in cases of severe wounds such as the loss of a limb, loss of sight or extensive burns. Payouts range from $25,000 to $100,000. You can Learn more about High Risk Insurance here, do visit.

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The payouts so far total more than $103 million and include 66 troops who have been injured since Dec. 1 and already received their cash. Officials at the Department of Veterans Affairs said they’re pleased with the quick turnaround thus far.

“That was really the intent of the law,” said Stephen Wurtz, the deputy assistant director for insurance at the department. “The idea was to get them a quick infusion of cash over this transitional period, to help them cover expenses. So far, we’re very gratified that it’s working that way.”

When Congress approved the coverage, they made all troops on active duty eligible for the protection, but also included provisions to retroactively pay servicemembers who had been injured in Iraq and Afghanistan since combat operations started there.

So far, 1,543 troops have received the retroactive payments, Wurtz said. Defense officials estimate about 5,000 troops total are eligible under those guidelines.

Wurtz said they also anticipate about 900 new payouts each year.

Last week, during a Senate Veterans Affairs Committee hearing, Chairman Larry Craig, R-Idaho, told members of the Paralyzed Veterans of America he is pleased with the results thus far. Craig had sponsored the bill creating the new insurance program last year.

“These are young men and women with amputations, severe burns, total blindness, total deafness, paralysis and a host of other disabilities sustained in defense of America,” he said.

“Going forward, the ‘wounded warrior’ insurance will help close the gap in financial help these heroes need during their convalescence.”

The $1 premium is not expected to cover all costs associated with the new insurance program, but Congress has mandated any additional expenses come from the Defense Department budget, not from additional rate increases.

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Science Quickens Its Steps

In the history of war, the more proficient combatants have become at fighting, the better medicine has become at healing.

During World War II, battlefield doctors devised better techniques to repair delicate blood vessels, essentially rewriting the textbooks on vascular surgery. The Vietnam War sparked swift helicopter evacuation of the wounded that was soon copied by urban medical centers throughout the United States.

For the wars in Iraq and Afghanistan, the medical legacy will probably belong to the amputee. The rate of amputation injuries among U.S. troops in these conflicts is almost twice as high as in any previous American military conflict, because of insurgents’ predominant use of explosives. Some troops who would have died in past wars are being saved by body armor, which doesn’t protect arms and legs.

Government agencies, private companies and independent researchers are creating more high-tech prosthetic limbs in response. In doing so, they’re pushing the boundaries of what researchers and doctors once thought possible.

“Never has there been a time, in my experience, where the amputee has been offered so much to overcome the obstacles of having to adjust to their new body,” said Robert S. Gailey Jr., assistant professor of physical therapy at the University of Miami and a longtime prosthetics researcher. “These young men and women will never understand what those who lost a limb 25 years ago had to go through.”

Unlike the dead-weighted and immutable arms, feet and knees offered to veterans of the Vietnam War, the best prosthetic knees currently available rely on artificial intelligence to anticipate the user’s movements. One knee, expected to become available in a few months, will even mimic lost muscle activity by powering ankle and leg amputees up stairs, or up from a sitting position.

But that’s just the beginning. Advances in robotics, electronics and tissue engineering ultimately could create ways to lengthen damaged limbs, grow new cartilage, skin and bone, and permanently affix a prosthesis to the body. Some researchers are even designing a so-called biohybrid limb — a prosthesis that can be controlled by the user’s thoughts.

The biohybrid limb is designed to reduce the amount of effort needed to move the limb and thus limit falls, increase feelings of security and improve self-image. The user of such a leg could spring from the sofa to catch a baby who is about to tumble from a highchair.

In short, researchers predict, it would be as good as a natural human limb

“A decade or two ago we imagined a neural interface, but it was science fiction,” said Hugh Herr, a researcher at the Massachusetts Institute of Technology who lost his feet at age 17 to frostbite during mountain climbing. “But now these things are pretty close to being realized in the laboratory.”

The advancements resulting from the latest American wars are defined largely by the fact that battle injuries have changed — as have the soldiers.

Only 10{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of the U.S. casualties in Iraq have been deaths, compared with 30{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} in World War II and 24{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} in Vietnam, according to a 2004 study in the New England Journal of Medicine.

But 6{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of the wounded have required amputations, compared with 3{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} in past wars, according to a U.S. Senate report. As of last March, the most recent data available, 428 amputations were reported from U.S. troops in Iraq.

Meanwhile, the current generation of GI amputees is the most athletic of any American war, doctors say, with high expectations for their recovery. Some are remaining as active-duty troops, and at least one foot amputee has returned to action in Iraq.

“They want prosthetics that return them to high levels of function,” said Robert Ruff, a neurologist and acting director of rehabilitation research for the Department of Veterans Affairs. “The soldiers are in excellent cardiovascular shape, so they place more demand on the prostheses.”

And for troops to recover, physically and psychologically, from amputations, they need hope and the best that technology has to offer.

Chang Wong, 23, of Alhambra was a high school wrestler who prided himself on his fitness, before he lost both legs just below the knees while serving in Iraq. Now he’s using his former image of himself to boost his recovery, recently learning to run on his prostheses.

On a day in late December he sat on the curb of the track inside a health club in Rosemead and popped on his running feet: high-tech titanium and carbon fiber appendages that looked a little like curved skis with thick rubber soles of running shoes glued to the bottoms. He stood up with a bounce — the prosthetic running feet provide so much flexibility that Wong springs slightly when he walks. He headed down the track and out of sight, steady and quick as the next guy.

He’s come a long way. Last May, the tank in which Wong was riding struck an improvised explosive device buried in a dirt road outside Baghdad. Wong, in the gunner’s seat on the floor, bore the brunt of the explosion.

“I knew I had to get out of the tank,” said Wong, a thin, soft-spoken man who joined the Army with a group of friends in 2001. “But when I tried to stand, I couldn’t. I looked down and saw that my legs were smashed.”

When he finally became fully conscious almost a month later, he was lying in Brooke Army Medical Center in San Antonio, envisioning a life reliant on a wheelchair.

Wong’s caregivers at Brooke coaxed him onto prosthetic feet when he was still unsure whether he wanted to live. After taking his first steps, he decided “there was no point in looking back. Now I hold my head high and encourage other people.”

His short-term goal is to increase his lung capacity so he can run farther. Long term, he’d like to return to school and earn a degree in physical therapy so he can help fellow amputees. Although Wong has several high-tech prostheses that allow him to walk, run and swim, he’s keeping an eye out for improvements.

The next big thing in prosthetics will be powered devices, which are expected to reach the market soon. The Rheo knee — which uses artificial intelligence, in effect mimicking the ability to think — is considered the most sophisticated prosthetic limb available.

The Rheo, which hardly resembles a real limb, consists largely of a thick rod of titanium and a brick-size blue box covering a microprocessor. It doesn’t have a motor, but is gait-adaptive, adjusting automatically to what the user desires at any given moment. Electronic sensors monitor the angle and load borne by the knee joint at a rate of 1,000 times per second while a special fluid passing through a magnetic field changes viscosity, or friction, to allow the user to move or brake efficiently. A computer chip creates and regulates the intensity of the magnetic field to facilitate movement.

“It appreciates what you’re trying to do and adjusts to that,” said Hilmar Janusson, vice president of research and development for the Iceland-based prosthetics company Ossur, which invented the Rheo knee. “It’s like if you had one gear in the car and you had to stick to that whether you were going uphill, downhill or on a freeway. Now you have a gear box and a control mechanism that selects the gear for you.”

Like many amputees who seek out the newest, best devices, Mike McNaughton recently requested — and received — a Rheo knee from the VA.

The 34-year-old was clearing land mines as a National Guard sergeant in Afghanistan in 2002 when he stepped on one and lost his right leg. At the time, he expected to receive a limb made of wood. “I didn’t know anything about prosthetics,” he said.

McNaughton quickly adapted to a C-Leg, which was introduced in 1999 as having the first microprocessor-controlled knee that could be programmed to the user’s movements.

He then sought a Rheo knee. “It keeps up with you,” said McNaughton, who is now employed by the Department of Homeland Security in Louisiana to help with the Hurricane Katrina recovery effort. As a resource manager for the department, McNaughton orders cots, food, generators and other supplies to support those rebuilding in the storm region.

“If you walk fast, it walks fast. I played with my son during his soccer practice the other day. I hung in there with the kids for a while,” he said.

But the most highly anticipated advance in the new generation of artificial limbs may be Ossur’s Power Knee, expected to become available in a few months. This knee utilizes artificial intelligence, but it also has a motor to provide missing muscle power. It might be best suited for amputees who have trouble walking distances or navigating stairs or inclines.

The Power Knee gathers information one step ahead of the prosthesis. Sensor equipment positioned on the sound foot measures motion, load and the position of the natural limb at a rate of about 1,350 times per second. The information is then transmitted to the artificial knee, which calculates the precise amount of power needed.

Troops returning from war are ideal candidates to receive the latest technology in prosthetics, experts say.

They “are making these really incredible sacrifices. I think, quite properly, society feels we owe them whatever we can give them,” said Dr. Roy Aaron, who is heading a VA-funded biohybrid limb research team at Brown University in Providence, R.I.

The next big leaps in prosthesis technology will probably require researchers to better use whatever human tissue remains, and access the body’s most powerful tool, the brain.

Aaron is studying whether it’s possible to grow cells for bones, skin, muscle and cartilage and then inject the result into damaged joints to increase function.

Growing cartilage and muscle is proving harder than regenerating bones and skin. But researchers have made progress in encapsulating key cartilage growth factors in tiny particles called biodegradable polymer beads. The particles are then injected, spurring the formation of new tissue.

Other researchers hope to make better use of mangled or amputated limbs through a process called limb lengthening. For decades, doctors have added several inches of height in children with dwarfism or other physical deformities by threading wires through the skin and bone in legs and linking the wires to a frame outside the limb. Over a period of months, subtle adjustments to the wires stretch the bone, and new bone grows to fill in gaps.

The same treatment — if it can be shown to work in adults — could help resolve a major problem in prosthetics today. When a limb is amputated just below the joint, not enough of the limb remains to securely attach a prosthesis. Lengthening the remaining bone even a few inches would provide a firmer coupling for artificial knees, ankles or arms, Aaron said.

Most prostheses attach to joints with cuffs that adhere by suction, leaving the skin to absorb much of the stress and strain of movement. Studies underway at Brown and elsewhere aim to permanently join a prosthesis to the bone using a titanium implant.

For the process, called osseo-integration, to be successful, however, scientists will have to find a way to prevent bacteria from entering the body where the bolt for the prosthesis protrudes through the skin. The goal is to find a titanium alloy that is strong enough and yet porous enough for cells to adhere to it, forming a tight seal.

“If they can make the prosthesis part of the bone, and make sure it is not going to be infected, it will be wonderful because it will be weight-bearing,” said Paddy Rossbach, president of the Amputee Coalition of America, a nonprofit educational organization based in Knoxville, Tenn. “It’s just like teeth implants. You put a pin into the bone. But with a limb prosthesis, the pin has to come out through the skin.”

The ultimate goal of biohybrid limbs, however, lies in neuroprosthetics — the ability to control an artificial limb using thoughts. This technology works by capturing brain signals, or nerve impulses from the residual limb, and translating those into computer commands that tell the prosthesis what to do: lift, move left or right, speed up, stop.

In his MIT lab, Herr is inserting a Bion, a microchip about the size of a grain of rice, into existing leg muscle where it can pick up signals from nerves and send movement instructions to the prosthesis. Sensors on the heel and foot of the prosthesis relay information back to the microprocessor to guide movement.

The first studies on prototype devices are underway.

“The goal of these systems is to be completely seamless and natural, like your own limb,” Herr said. “If the amputee has to think about it and struggle, it won’t work. They’ll throw it away.”

At a Foxborough, Mass., company called Cyberkinetics Neurotechnology Systems Inc., a system called BrainGate may someday be used to help amputees operate a smart prosthesis. The system decodes brain waves — thoughts — and translates them to computer commands. Preliminary studies have shown that a quadriplegic can switch on lights and move a computer cursor with thought alone. A small chip is implanted in the primary motor cortex of the brain. Signals gathered by the sensor travel through wires to a metal pedestal implanted in the skull and out of the body through a cable. The data are digitized by a processor and decoded into movement commands.

The goal is to design a wireless, implanted system, said John Donaghue, who leads the scientific development team.

“The challenge for making a good interface with biological tissue is making it miniature,” said Donaghue, chairman of the department of neuroscience at Brown. “I am completely confident there will be such a technology.”

People who have lost arms stand to benefit the most from neuroprosthetics. Advances in prosthetic arms have lagged behind knees and ankles because of the intricacy required to move elbow, wrist and multiple finger joints. The best artificial foot-ankle system today provides a user with about 50{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} to 60{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of normal function; knees, about 30{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}; and arm-hand systems, only about 5{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}, said Ossur’s Janusson.

In research at the Rehabilitation Institute of Chicago, Dr. Todd Kuiken has transferred four nerves from the shoulder of a man who lost both arms in an electrical accident into pectoral muscles in his chest. The nerves that had once controlled the man’s arms are able to detect signals from the brain from electrodes placed on the chest. After attaching a prosthesis, the man can open the hand simply by thinking about it.

“The neuroprosthetics behave like something you’ve seen in ‘Star Wars,’ ” said the University of Miami’s Gailey. “You think about it, and the mechanical appliance responds. That is the ultimate goal.”

All of the designs for future high-tech prosthetics face challenges. The microprocessor-driven devices need to be smaller, quieter and require charging only once a day, Herr said. They need to better mimic natural speed and energy output, something Herr thinks can be corrected within a decade. Helping leg amputees achieve natural balance will be harder. And the ability to feel one’s surroundings with a prosthesis is a huge hurdle.

“The movement aspect is a bit easier. The hard thing is getting sensation,” Brown University’s Aaron said.

But even today, advanced prosthetics, combined with a rigorous rehabilitation program, are leading to quicker and more satisfying recoveries for amputees, experts say.

Amputee rehabilitation at Brooke Army Medical Center includes Friday night outings to bowl or play laser tag or paintball. “It gets you used to the fact that people stare at you,” Wong said of the excursions.

Amputees seem to care little that the latest prosthetics look nothing like a limb.

“When a prosthesis does not work very well, often the psychological reaction of the amputee is to make every attempt to make the prosthesis look human. They are ashamed of it,” Herr said. “But when the device works, often amputees do the opposite. They expose the fact that it doesn’t look like a human limb. They think it’s cool.”

At Ossur, North American division President Eythor Bender envisions a prosthesis that is both so high-tech and realistic-looking that users could wiggle their artificial toes.

“That’s something we take for granted, but amputees still have this device on their leg,” Bender said. “God did a really good job. It’s difficult to imitate it.”

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Dole calls on veterans department to make report

U-S Senator Elizabeth Dole is calling on the federal Department of Veterans Affairs to report on its ability to handle the increasing number of veterans suffering from Post Traumatic Stress Disorder.Dole’s office says a recent study indicates that combat duty in Iraq was associated with high utilization of mental health services and attrition from military service after deployment.

 

The North Carolina Republican says it must be a priority to diagnose and treat veterans who suffer from the psychological traumas of war and help them lead healthy, productive lives.

 

Dole joined a bipartisan group of lawmakers in writing to Veterans Affairs Secretary James Nicholson.

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Reid sponsors bill to help wounded veterans

A bill that would guarantee a portion of retirement benefits to military members forced out of service because of combat injuries was introduced on Wednesday in the U.S. Senate.

The compensation bill would pro-rate retirement pay for injured veterans. Currently, service members who are injured before completing 20 years do not qualify for the benefit.

“People who had planned to make the military a career are being forced into premature retirement because of medical problems,” said Sen. Harry Reid, D-Nev., the bill’s sponsor.

“That means they lose their retirement pay, and I think that’s unfair.”

The problem has come into particular focus because of soldiers being wounded in Iraq, Reid said.

The bill would allow those veterans to get both disability benefits and a portion of retirement pay, he said.

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Iraq War Veteran in Taped Shooting Struggles to Walk

The 21-year-old Iraq war veteran seen in a video being shot by a sheriff’s deputy says in a recorded statement that he has difficulty walking.

Senior Airman Elio Carrion released a videotaped statement through his attorney Thursday, a day after San Bernardino County sheriff’s Deputy Ivory J. Webb pleaded not guilty to attempted voluntary manslaughter and was released on $100,000 bail.

“My physical therapy continues to progress and I still have difficulties walking,” Carrion says, looking into the video camera. “I’m sorry I haven’t been able to speak publicly, but right now I’m focused on my physical therapy and healing.”

The tape shows him sitting on a couch next to his wife and moving around with the aid of a walker.

The Jan. 29 shooting was videotaped by a bystander and broadcast on national television. It shows Webb shooting Carrion, who was not armed, in the chest, shoulder and thigh after a brief high-speed chase involving a car in which the airman was a passenger.

Webb, who faces up to 18 1/2 years in prison if convicted, has not spoken publicly about the shooting.

Carrion, who is assigned to a security unit at Barksdale Air Force Base in Shreveport, La., has not been charged with a crime.

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By the ‘Rivers of Babylon’: The tears keep flowing

Rabbi Carlos Huerta, the Jewish community chaplain at the U.S. Military Academy at West Point, says he is often asked the same question whenever he speaks at local high schools and colleges: Are soldiers afraid of bullets?

Huerta, a major who spent more than 20 years as a soldier before joining the chaplaincy in 1994, always gives the same answer, he said in a recent phone interview.

“No,” he tells the students, “soldiers eat bullets for breakfast. But what scares soldiers the most is being forgotten.”

Whether the first part of Huerta’s answer is a truthful comment or a rhetorical flourish – there’s plenty of evidence to suggest that soldiers do, indeed, fear bullets, as well as bombs and grenades – many soldiers, past and present, would readily agree with the rest of his answer. Many, in fact, have spoken of how vital it is to know that Americans back home appreciate their efforts, even if they take a dismal view of the conflict itself.

  To show that appreciation and to honor the U.S. soldiers who have died in Iraq, the Connecticut Jewish Ledger has begun a tradition of recalling those among the fallen who belonged to the Jewish community.

The first such article appeared in the Jewish Ledger nearly two years ago, recalling the nine Jewish servicemen killed in Iraq between April 3, 2003, and May 6, 2004. This article continues that tradition, honoring the eight Jewish soldiers who have fallen in Iraq since then, while a separate story recalls the one Jewish soldier who died in Afghanistan.

Readers should bear in mind that it’s difficult, if not impossible, to ensure that any list of Jewish casualties is entirely complete. The Defense Department no longer keeps statistics on the religion of their personnel, and a policy of strict confidentiality forbids military officials from confirming or denying whether a particular soldier was Jewish. It’s also possible that a small percentage of Jewish soldiers are keeping their backgrounds to themselves, especially in Moslem countries like Iraq and Afghanistan.

The eight new names published on these pages are all part of the public record, appearing in official casualty lists, newspaper accounts or obituary notices. Other sources of information were the Jewish War Veterans, a group based in Washington; Rabbi Mitchell Schranz, the senior Jewish chaplain in Iraq; and Jews in Green (www.jewsingreen.com), an online resource and blog for Jewish soldiers, chaplains and military families.

Beyond the figures, though, what is certain is that Americans of Jewish faith have served in their country’s armed forces since the nation was born. History is rife with examples of Jews serving in the Revolution, the Civil War, World War II, Korea and, more recently, the Persian Gulf – every battlefield where Americans have fought and, all too often, sacrificed their lives.

Each of those people “put their lives on the line for a greater good,” Huerta said, calling their deeds noble and even heroic. So, too, did the nine Jewish soldiers whose names follow:

Sgt. Alan Sherman

Marine Sgt. Alan D. Sherman, 36, a reservist from Ocean Township, N.J., died June 29, 2004, when a roadside bomb ripped through his convoy, killing Sherman and two other Marines. He left behind were two sons, Joshua, 10, and Logan, 7, who lived with his former wife, Delores; his parents, Austin and Sarah, with whom he lived; and a brother, Michael.

“He wanted to come home to his boys,” said his former wife, with whom he remained close friends, the Associated Press reported after his death. “But he knew he was doing the right thing. He wanted to fight for his boys so they wouldn’t have to do it.”

An active-duty Marine for 10 years, Sherman later became a licensed practical nurse and was planning to become a registered nurse when his unit was called into action once again. But “he never thought twice about going back,” Delores Sherman told the Atlanticville, a local newspaper. “The Marines were his life.”

She went on to describe her former husband as a tough Marine with a “heart of gold,” a sentiment echoed by others at the funeral.

Lance Cpl. Mark Engel

Marine Lance Cpl. Mark E. Engel, 21, wounded while fighting in Iraq’s Anbar province, died in a Texas hospital July 21, 2004.

“He fought a valiant fight for two weeks,” his father, Bill Engel, told a Denver TV station, adding his son was burned over more than 70 percent of his body and sustained severe lung and kidney damage.

Engel joined the Marine Corps within a few months after graduating from high school in 2001 and took part in the first wave of the invasion of Iraq. He enjoyed football, rugby, skiing and the outdoors in general, his sister Dana said.

In addition to his father and sister Dana, Engel is survived by his mother, Sharon, and three other siblings, Rachael, Eric and Brad. Funeral services for Engel took place at Temple Sinai in Denver.

Capt. Michael Tarlavsky

Army Capt. Michael Yury Tarlavsky, 30, was killed August 12, 2004, when his Green Berets unit – fighting insurgents who had blown up a school – encountered small-arms fire in the city of Najaf. Tarlavsky was on his second tour of duty in Iraq, having spent five months there in 2003, and also fought in Afghanistan.

As a young child, Tarlavsky immigrated with his parents to Israel from Latvia, in the former Soviet Union, where he was born. But the family moved again to the United States when he was 5, eventually settling in Clifton, N.J. He later attended Rutgers University on an ROTC scholarship, earning a degree in exercise science, and planned to become a physical therapist.

But he always wanted to be a soldier, his sister, Elina Tarlavsky, told the Newark Star-Ledger, and was upset in the early ’90s when he was too young to participate in the Gulf War. He finally enlisted in 1996 and, at one point, provided security for U.S. Secretary of State Madeleine Albright and Israeli Prime Minister Benjamin Netanyahu – an assignment he often bragged about, she said.

Tarlavsky, a resident of Tennessee before his deployment, was also a husband and the father of a 10-month-old son, Joseph Michael, when he died. He and his wife, Tricia, an Army captain he married in 2002, shared a passion for marathons, scuba diving and rock climbing.

1st Lt. Andrew Stern

Marine 1st Lieutenant Andrew K. Stern, 24, a Memphis soldier who loved life at a fast pace, according to the Associated Press, was killed in battle September 16, 2004.

“He was rambunctious from the get-go,” his father, Rich Stern, said. “But he became as good a son as there could be. He became my best friend.”

Stern grew up in suburban Chicago and moved to Tennessee in 1997, when his father was transferred to a new job. He attended the University of Tennessee, where he was captain of the rowing crew and a member of the Beta Theta Pi fraternity.

His father said the Marine, only a month away from leaving Iraq when he died, was looking forward to riding the motorcycle he had bought shortly beforehand.

Staff Sgt. Michael Shackelford

Army Staff Sgt. Michael B. Shackelford, 25, of Grand Junction, Colo., died Nov. 28, 2004, from small-arms fire while his unit was on foot patrol in Ramadi.

Recalled by relatives as an adventurous youth with a rebellious streak, Shackelford followed family tradition by joining the military, his older brother, James, told the Grand Junction Daily Sentinel. Their great-grandfather and grandfather were in the Navy; James served in the Air Force; and their father, Andy, Michael’s role model, is an Army veteran.

“He believed in what he was doing,” James Shackelford said, adding that Michael had also served in Korea and Kosovo.

One of Michael Shackelford’s friends from both high school and the military, Marine Sgt. Jesse Leech, described the 6-foot, 1-inch Michael as just as adventurous as ever.

“He was one of those guys that’s like dynamite in a box,” Leech said. “He was always in a good mood. He’d joke about everything.”

Spc. Benyahmin Ben Yahudah

Army Spc. Benyahmin Ben Yahudah, 24, a combat field medic, died July 13, 2005, when a suicide bomber drove into his patrol, the Forward reported three weeks later. Ben Yahudah had been handing out candy and toys to children in a Baghdad neighborhood when the bomber struck, killing the medic and close to 20 Iraqi children, according to fellow soldiers. The Army honored him posthumously with the Purple Heart and the Bronze Star.

A native of Atlanta, Ben Yahudah grew up in that city’s community of Hebrew Israelites, an African-American group that claims to be one of the lost tribes of Israel, the Forward said. His uncle, Elakhaz Hacohane, a priest with the Hebrew Israelite community in Israel, said Ben Yahudah had often visited that community, which is based mostly in the Negev town of Dimona.

Ben Yahudah’s parents homeschooled him and his siblings because of their religion, and he apparently excelled, earning his high-school equivalency diploma at 15. He later attended Athens Technical College, where he studied marketing management and electronics, and joined the Army in 2003.

One soldier who served in Iraq with Ben Yahudah praised him in a message to the Forward, writing that “Benyahmin was what every medic and every soldier wants to be. He lived his life in a terrific way and he is directly responsible for saving the lives of many of his fellow soldiers.”

Sgt. Howard Allen

Army Sgt. Howard Paul Allen, 31, an Arizona National Guardsman assigned to a Military Police company, died Sept. 26, 2005 when a bomb exploded near his Humvee in Baghdad. The incident took away “a fine soldier, a wonderful husband, father, son, and a friend to many,” the head of the Arizona National Guard told the Associated Press.

Allen, a resident of Mesa, Ariz., fought in a war “that frustrated and, at times, depressed him,” the Arizona Republic reported. He referred to Iraq as “hell” over the Internet and disagreed with the White House over why the United States had begun the conflict, his wife, Patience, said.

But the father of a 3-year-old son, Devlin, and two stepchildren, Caitlyn and Edwin Stevens, also re-enlisted for another six years shortly before he died, his wife added. “He took that job extremely seriously. He did what he wanted them to do.”

Moreover, Allen, a former military cook, “didn’t have to go on any missions” while in Iraq, said Robert Stevens, Patience’s former husband and a close friend of the couple, in an interview with the Jewish Ledger. But he received training as an MP, Stevens added, and, instead of staying in the mess hall, “he volunteered to go out with his unit.”

The Website Jews in Green also described Allen, a Navy veteran before he joined the National Guard, as “a brother and friend” to other Jews in Iraq and as a soldier who adhered to his faith “even in the most difficult circumstances.”

Airman 1st Class Elizabeth Jacobson

Air Force Airman 1st Class Elizabeth N. Jacobson – believed to be the first female member of the Air Force killed in Iraq – died Sept. 28, 2005, when her Humvee was hit by an explosive device. Although Jacobson, 21, had a non-Jewish mother and was raised a Christian, she chose to wear dog tags that identified her as Jewish, and both her father and grandfather believe that she intended to convert to Judaism, the JTA reported last fall.

A resident of South Florida, she also associated with the Jewish community in Iraq, Rabbi Mitchell Schranz wrote in an email.

Jacobson attended high school in South Florida while living with her grandparents, a move she made after her parents’ divorce left her confused, according to one Website that honored her. The terrorist attacks of September 11th took place at the time, motivating Jacobson to join the military.

“I told her over two years ago that enlisting after 9/11 meant she would definitely see combat,” recalled her father, David Jacobson of Vallejo, Calif., a role model for Elizabeth and a formerly secular Jew turned Orthodox.

“She said she was prepared for that. She believed that being there [in Iraq] meant not fighting here.”

In an interview with the Florida Jewish News, Jacobson added that his daughter also believed her presence in Iraq would, in essence, protect Israel.

Jacobson, who had two sisters, hoped to pursue a career in law enforcement when she returned from Iraq. Other details to emerge from newspaper accounts: She loved Spongebob Squarepants, craved the smell of cut grass and wanted two sons.

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Ruling Allows Reservists to Petition for Back Pay

A federal board has ruled that a new cohort of National Guard and military reservists may petition for back pay because of improperly charged military leave

A recent ruling by the Merit Systems Protection Board, an independent agency that helps oversee the civil service system, could make 200,000 to 300,000 current and former federal employees eligible for pay and leave reimbursement going back to 1980, said Matthew B. Tully , a lawyer who represents military reservists.

Before the board’s decision, Guard and reserve members were not entitled to file financial claims prior to 1994, when Congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA).

But the board said other laws apply in disputes over military leave, including the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. “We find an agency’s improper charging of military leave, which an employee was entitled to receive in connection with absences for purposes of reserve training, was prohibited by VRRA prior to USERRA’s enactment,” the board said.

As a general matter, the board said, “Congress has never imposed limitation periods on the adjudication of claims under these statutes.”

The case involved Marc Garcia , a special agent for the State Department’s Bureau of Diplomatic Security and a reservist. From 1987 to 2001, Garcia claimed, he had been forced to use vacation, sick time and leave-without-pay from his State Department job to perform military duty.

The ruling is among the most recent in a series of cases known as Butterbaugh, the title of a 2003 federal appeals court case. For decades, the government said the “15 days” of paid military reserve training guaranteed in law for federal employees were calendar days. Under that practice, most federal employees were charged leave according to the time they were away for National Guard and reserve training rather than the number of workdays missed at their agencies.

As a result, the employees were charged military leave for weekends and holidays when they were not scheduled to work at their civilian government jobs.

The Butterbaugh ruling said that the government was wrong to measure by calendar days and that federal employees in the Guard and reserves should not be charged for leave for “non-workdays” when they were away for military service.

Congress tried to deal with the issue in 2000. It amended the law on military leave, making it clear that federal employees were not to be charged for weekends while away for reserve training.

Tully, founding partner at Tully, Rinckey & Associates PLLC in Albany, N.Y., called the Garcia decision “a very big case,” adding, “It opens up the door.” His firm, he said, has been winning back-pay claims of between $2,000 and $5,000 for reservists

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Discharged and dishonored: Shortchanging America’s veterans

Like thousands of his fellow veterans of America’s wars, Alfred Brown died waiting.

In 1945, when he was a 19-year-old soldier fighting in Italy, shrapnel from an enemy shell ripped into his abdomen. His wounds were so severe that he was twice administered last rites. When Brown came home, the government that had promised to care for its wounded veterans instead shorted him.

Not until 1981, however, did Brown realize that his monthly disability check didn’t cover all the injuries he’d suffered. He launched what would become a 21-year battle.

“As a member of the so-called ‘Greatest Generation,’ I am well aware of the large numbers of us passing away,” he wrote the nation’s chief veterans judge in 2001. “I am prepared to meet our Creator. My fear is that your court will not make a decision in my case.”

Brown was right. He died a year later, and his case died with him. As he closed the books on the case, Judge Kenneth Kramer acknowledged that Brown might have been right all along. Had Brown not died, the judge wrote, “I believe that the Court would likely have so held.”

Tens of thousands of other veterans have returned from war only to find that they have to fight their own government to win the disability payments they’re owed. A Knight Ridder investigation has found that injured soldiers who petition the U.S. Department of Veterans Affairs for those payments are often doomed by lengthy delays, hurt by inconsistent rulings and failed by the veterans representatives who try to help them.

The investigation was based on interviews with veterans and their families from around the country and on a review of internal VA documents and computerized databases that had never been released to the public. Many of the records were made available only after Knight Ridder sued the agency in federal court.

HUGE AGENCY

The VA is a mammoth agency that serves 25 million veterans with a far-flung health care system and a separate disability and pension operation. The agency spends over $60 billion a year, more than $20 billion of it on disability compensation.

But the Knight Ridder investigation found that the VA serves neither taxpayers nor veterans well. Some veterans never get what they’re due, while antiquated regulations mean that others are paid for disabilities that have little effect on their ability to hold jobs or aren’t related to their military service.

For America’s veterans, plus the thousands of soldiers now returning from Iraq and Afghanistan, the investigation identified three points where cases often go wrong: the selection of a special representative called a veterans service officer, the review by a regional VA office and the filing of an appeal.

Among Knight Ridder’s findings:

 

  • Many of the VA-accredited experts who help veterans with their cases receive minimal training and are rarely tested to ensure their competence. These veterans service officers work for nonprofit organizations such as the American Legion, as well as states and counties, but their quality is uneven, and that often means the difference between a successful claim and a botched one.

     

     

  • The VA’s network of 57 regional offices produces wildly inconsistent results, which means that a veteran in St. Paul, Minn., for example, is likely to receive different treatment and more generous disability checks than one from Detroit.

     

     

  • Veterans face lengthy delays if they appeal the VA’s decisions. The average wait is nearly three years, and many veterans wait 10 years for a final ruling. In the past decade, several thousand veterans died before their cases were resolved, according to an analysis of VA data.

     

    “How a veteran seeking benefits gets treated should not be an accident of geography,” said George Basher, the director of the New York State Division of Veterans’ Affairs, one of 50 state agencies that help veterans. “Unfortunately, the current system makes that a virtual certainty.”

    In interviews late last year, then-VA Secretary Anthony Principi and other VA officials admitted to many of the agency’s shortcomings, but they said things have gotten better since the Bush administration took over. “This agency was underwater in 2001,” Principi said. “My people have made tremendous progress.”

    The current secretary, R. James Nicholson, who was sworn in recently, had no comment.

    DELAYS PERSIST

    There have been some improvements in the last three years. But when it comes to delays, cases that need to be redone and backlogs, things are the same or worse than they were in the 1990s, Knight Ridder found, when

    For the family of Kentucky veteran Alfred Brown, that decade brought nothing but frustration. If a decision had come before he died, Brown could have been entitled to nearly 45 years of back pay, his attorney said. Based on VA payment rates, that would have been worth about $30,000.

    “It wasn’t so much the money,” said his son Clayton Brown, on a day when he visited his father’s grave north of Lexington. “He felt he was robbed. He almost gave his life up, and this is what he was getting in return?”

    VA workers are reminded daily of the pledge by Abraham Lincoln ” . . . to care for him who shall have borne the battle, and for his widow and his orphan . . . .”

    But the task isn’t as simple as it used to be.

    The VA makes disability payments for injuries as obvious as an amputated leg and as complex as post-traumatic stress disorder. They include combat wounds and peacetime injuries, since veterans are serving their country whether they’re in a Humvee in Iraq or in boot camp. Veterans are given ratings from zero to 100 depending on how severe their disabilities are. Payments for a single veteran range from $108 to $2,299 a month, and they’re supposed to reflect the vet’s lost earnings potential.

    But, according to the U.S. Government Accountability Office, the disability payments are based on 60-year-old labor-market assumptions. So veterans who have desk jobs in today’s service and information economy can draw checks based on the fact their disabilities would keep them from good manufacturing jobs.

    COMPLEX ILLNESSES

    The system stems from a time when war injuries were often less complex. Today’s soldier faces mental illnesses unacknowledged two generations ago, as well as wounds that were often fatal in earlier wars.

    Beyond that are tough fiscal realities. The Congressional Budget Office has already indicated that the VA could save significantly if it eliminated new payments for certain diseases not connected to military service. While most payments can be linked directly to service, veterans also can qualify merely if they’re diagnosed soon after their military service.

    The GAO offered one example: A Navy veteran was hospitalized with a heart condition three months after his induction. Although the disease had its inception in childhood, the veteran eventually received disability payments based on the VA’s highest rating. In all, the VA pays nearly $1 billion a year for disabilities that the GAO says generally aren’t directly linked to veterans’ service in the military.

    Many veterans’ cases go bad even before they file claims.

    Applying for disability benefits requires veterans to navigate a labyrinth of bureaucratic rules and unforgiving deadlines. It can require the skill of an investigator and the mind of a physician.

    That’s why national veterans groups have for decades provided free help. About 40 veterans service organizations, such as the American Legion and Disabled American Veterans, are authorized to handle VA claims, as are many states.

    But Knight Ridder found that the network of VA-accredited service officers is a patchwork of well-meaning helpers whose training and expertise vary widely. Contrary to its own regulations, the VA does little to ensure that veterans receive competent representation from veterans service organizations. Yet the agency prohibits vets from hiring their own attorneys until after their claims have been denied and they’re generally years into the appeals process.

    PICKING AN ADVOCATE

    Two-thirds of the veterans who submit claims use service officers, and picking the right one can determine whether they get the full payment they’re due, a fraction of it or nothing.

    “The best advocates can be very good and lousy ones can be awful,” said Ron Abrams, the joint executive director of the National Veterans Legal Services Program, which trains service officers for the American Legion and other veterans groups.

    New evidence from Washington state illustrates for the first time the odds veterans face in this service officer roulette.

    Since July 2003, the Washington State Department of Veterans Affairs has tracked the outcome of every claim filed by veterans groups that receive state funding. The groups’ success rates range from 53 percent to 81 percent. Among the busiest individual service officers, those handling 30 or more decided claims, the success rates can range from 35 percent to 98 percent, the state’s data show.

    “You might be proud of the fact you filed 100 claims. But if pretty much everything you filed was denied, it would cause some concern,” said John Lee, the department’s deputy director.

    The percentage of the Washington groups’ claims being granted is on the rise – from about 50 percent overall when the program began to about 70 percent in recent months. Lee attributes it to the accountability the program requires.

    Although they fought the effort for years, the state’s politically powerful veterans groups now see its merit, and they’ve changed their training and oversight as a result. The program is “an invaluable tool to see exactly what the strengths and weaknesses are across the state,” said Court Fraley, the Veterans of Foreign Wars state service director.

    Veterans officials in other states said such performance disparities are certain to exist nationally because the training of service officers is so inconsistent.

    That’s not the way it’s supposed to be.

    The VA, through its national accreditation program, is supposed to ensure that all service officers are “responsible” and “qualified.” But the VA program does little more than rubberstamp names submitted by veterans groups. About 11,000 service officers are currently on the VA’s roster – about 80 percent are accredited through nonprofit groups.

    TRAINING VARIES

    VA regulatory files, obtained after Knight Ridder’s lawsuit, reveal that the agency has done little in decades to determine the adequacy of the training provided by veterans groups or to check the quality of the claims prepared by their officers. Only rarely does the VA suspend or revoke a service officer’s accreditation. When it does happen, it’s generally the result of criminal charges rather than incompetence.

    “What we do is take it on the word of the service organization that the individual has had sufficient training,” said Martin Sendek of the VA’s general counsel’s office.

    That training, however, varies widely, according to a Knight Ridder survey of 13 of the largest veterans groups and all 50 state veterans departments. At one end of the spectrum is Disabled American Veterans, which has full-time paid national service officers and a 16-month training and testing program that’s so regimented that it qualifies for 10 hours of college credit.

    Groups such as American Ex-Prisoners of War and Catholic War Veterans rely largely on part-time volunteers who aren’t required to complete any courses or pass any tests. “We don’t get paid, so we’re not going to be that strict with these people,” said Doris Jenks, the national training director for American Ex-Prisoners of War.

    Nonprofits generally have less stringent requirements for service officers than those working for the 33 state veterans agencies that responded to the survey.

    Just 62 percent of nonprofits and 73 percent of the state agencies require continuing education for all service officers, something experts consider crucial given the VA’s constantly changing rules.

    Only 38 percent of nonprofits and 67 percent of states require a test before recommending that the VA accredit a representative. And once accredited, few service officers are ever tested to ensure their competence: While 27 percent of the states require later testing, only one nonprofit, Disabled American Veterans, had that requirement.

    VA officials bristled at suggestions that their oversight of accredited service officers is lax and said they’re unaware of any systemic problems. Retired Vice Adm. Daniel Cooper, the VA’s undersecretary for benefits, said the VA fixes any mistakes that service officers might make. If anything needs to be done to make an application complete, Cooper said, “we do it.”

    General counsel Tim McClain noted that veterans have extensive appeal rights. “There are a lot of checks and balances in the system,” he said.

    The U.S. Court of Appeals for Veterans Claims, however, has repeatedly ruled that veterans are out of luck when they’ve been steered wrong by VA-accredited service officers.

    Ask Gerry Corwin.

    As the navigator aboard a B-24 bomber during World War II, Corwin survived more than 30 missions over Japanese-controlled waters. He came home to Minneapolis with two Air Medals – and disabling nightmares and flashbacks.

    CORWIN’S NIGHTMARES

    There were images of his buddies burning in planes crashed on runways and of a friend killed on a mission that Corwin persuaded him to take. By December 1984, those nightmares began to overtake the TV executive.

    Corwin applied for disability benefits and was denied, in part because the VA couldn’t find many of his military records, which had burned in a 1973 fire at a national archive in St. Louis.

    So Corwin went to the Minnesota Department of Veterans Affairs and enlisted the help of Kirk Jones, a service officer who’d become VA-accredited a year earlier through his state and the American Legion.

    Jones submitted a three-sentence letter on Corwin’s behalf and didn’t take any steps to prove Corwin’s claim. He didn’t, for example, push for a psychiatric examination from the VA. He didn’t round up statements from Corwin’s crew to corroborate that they’d been sent home in May 1945 for “combat fatigue.”

    “I should have suggested a VA examination,” Jones, who no longer is a service officer, said recently. He acknowledged that he’d had minimal training when he first handled Corwin’s claim.

    That 1984 claim went nowhere.

    In 1995, Jones, who by then had gained extensive experience plus classroom training, restarted Corwin’s claim. He did all the things he hadn’t done a decade earlier, and more.

    This time, Jones helped Corwin win compensation for post-traumatic stress disorder and a heart problem. Jones filed several appeals, and each time the VA granted more benefits, eventually declaring Corwin totally disabled in 1998.

    Even so, the veterans court ruled last summer that Corwin can’t collect back pay from 1984-1995 because the proper documents weren’t filed in 1986 to keep his original claim alive.

    Corwin’s loss is tens of thousands of dollars, he and his lawyer estimate.

    “It would mean a home. Let’s start with that,” said Corwin, 82, who with his wife, Katherine, has been living in a house her family owns in rural Mississippi.

    “To have to come back and to fight 20 years to get what you’re supposed to be given, and to fight your own government for it, is disappointing,” he said.

    TECHNOLOGY FALLS BEHIND

    Even when a service officer does a good job, veterans’ claims often get bogged down in the VA’s 57 regional offices, where veterans’ claims are processed.

    In an electronic age, these regional offices are a throwback to an ink-and-paper world. In Waco, Texas, the records room is almost the length of a football field, with row after row of file cabinets – 2,700 in all – containing records that date back six decades.

    Workers wheel massive brown folders with rubber bands around them around on carts, shifting them from one table to the next as they move through the approval process. In the constant shuffle of paper, things get lost and mistakes get made.

    Nationwide, errors are made in 13 percent of claims, more than three times the agency’s hoped-for rate of 4 percent, according to a VA quality-control database that reviews a sample of the decisions. That translates to 103,000 errors a year; in many cases they can result in either an overpayment or an underpayment of benefits.

    “I don’t think anybody is proud of the fact that we have” a 13 percent error rate, said Michael Walcoff, who oversees the agency’s regional offices. Errors often trigger appeals, sending thousands of veterans into an ongoing cycle of mistakes, appeals, rehearings, mistakes, appeals, rehearings.

    In some regional offices, the error rate last year was far worse – as high as 23 percent in Wilmington, Del. (The low was 3 percent, in Des Moines, Iowa.) And such varied performances affect nearly every aspect of a veteran’s experience:

     

  • The percentage of all types of claims that are approved ranges from 89 percent in St. Paul to less than 70 percent in Jackson, Miss., and Cheyenne, Wyo., according to an annual VA survey of veterans.

     

     

  • Perhaps not surprisingly, “satisfaction” among veterans is highest in St. Paul, at 73 percent, compared with 50 percent in Atlanta.

     

    DIAGNOSIS IMPACTS PAYMENT

    Knight Ridder found that disability ratings, which determine the size of a veteran’s monthly check, also vary widely.

    An analysis of 3.4 million veterans claims shows that major mental ailments, such as post-traumatic stress disorder and schizophrenia, are subject to bigger regional swings than major physical ailments such as bad backs and knees. For example, veterans with PTSD assigned to the Wilmington office are more likely to have the highest disability rating than their counterparts in Lincoln, Neb. In Delaware, 34 percent of those with PTSD have the highest rating; in Lincoln, it’s 10 percent.

    Diagnosing mental disorders is more subjective, and parts of the country have been slow to recognize them. Different training standards in the past may also have contributed to regional VA differences.

    Because the major psychiatric disabilities on average pay more than the major physical ones, the wider swings have a dramatic impact on veterans’ payments. The different ratings may help explain a puzzle noticed by veterans every time the VA releases its annual report: Average disability checks vary by state.

    The VA wouldn’t comment on Knight Ridder’s analysis but said in a statement that it’s investigating regional differences, which it attributed to “extremely complex” factors. The agency “is committed to treating every veteran’s claim fairly and equitably” and has nationwide training programs to help eliminate uneven treatment.

    The GAO last year reported that the VA “cannot provide reasonable assurance that similarly situated veterans who submit claims for the same impairment to different regional offices receive reasonably consistent decisions.”

    The final minefield is the VA appeals system, where claims often linger.

    It’s a problem the VA recognizes. “It takes too long. We all agree on that,” said Ron Garvin, acting chairman of the Board of Veterans’ Appeals.

    With the average disability payment now $7,860 a year, back-benefit awards can be substantial because an award is calculated as though the VA made the right decision when the claim was first filed. Some veterans with severe disabilities win $100,000 or more.

    But if a veteran dies with his or her case under appeal, the case dies, too. In the past decade, more than 13,700 veterans died while their cases were in some stage of the appeals process, according to a Knight Ridder analysis of a VA appeals records database. (While precise estimates aren’t available, the VA said experience suggests a few thousand of them wouldn’t have actively pursued their appeals.)

    Even if a veteran wins a case but dies before receiving payment, his family is often out of luck. Unless the veteran had an eligible spouse or dependent child, the money stays in the U.S. Treasury.

    MONEY RECALLED

    The agency goes so far as to take back money it’s already paid. George Wilkes, a World War II sailor, spent the last five years of his life fighting to increase his disability rating, which stemmed from a spinal cord injury. In April 1997, the VA agreed with him and said he was due back benefits of $109,464.

    Wilkes, ill with pneumonia, died four days later. Six days after that, the VA wired the money into his bank account.

    Once the VA realized Wilkes had died, it wouldn’t let his family keep the money. Although he had no immediate family, Wilkes’ nephew and niece had tended to him for years, allowing him to stay in his New Orleans home.

    Had the money come years earlier, it “would have had a substantial impact on his life,” said nephew Ray Wilkes of Covington, La. “His house was pretty deplorable and was deteriorating. But he was determined to live on his own.”

    In an October interview, then-Secretary Principi said he was “stung” when he learned a few years ago how common it is for veterans to die with their cases in limbo. While some deaths are inevitable, given the VA’s elderly clientele, “it’s not acceptable,” he said. “We need to do something about it.”

    He also suggested that a recently formed commission on benefits could reconsider the legal barriers that prevent heirs other than a wife or dependent child from receiving a deceased veteran’s back benefits.

    The VA has admitted that its processes are too slow and too prone to errors. And veterans have told the agency that they suspect the worst: that the agency is “just stalling, waiting for them to die so the claim won’t have to be paid,” veterans said in focus groups in 1995.

    But the agency has repeatedly ignored recommendations to eliminate redundant steps in the process to speed things up. One exhaustive review, completed in 1996, declared the entire claims and appeals process “cumbersome and outmoded” and in need of an overhaul.

    Since then, “I think things are basically the same,” said the agency’s Walcoff. “I wouldn’t say that we have changed the system in any major way.”

    VOWS OF CHANGE UNFULFILLED

    In fact, VA data show that delays and the percentage of cases being sent back for re-hearings are basically unchanged since the agency vowed to reduce them.

    In the mid-1990s, about the time it promised to speed things up, the VA also denied Berlie Bowman’s claim.

    Bowman had gone to Vietnam in 1967, an outgoing kid following in his father’s military footsteps. “When he was drafted, he went without a fuss,” said his sister Paulette. “He was a different person when he came back.”

    He was skittish, quick to anger, uneasy in crowds. The family trod warily around him – “learned to wake him from a distance by touching his feet with something,” his VA file said. Over three decades, he ran through 30 jobs; he lived in a small trailer on a curvy North Carolina road.

    His first disability claim, in 1971 for “nerves,” was denied. His second try, in 1995, met a similar fate.

    But that time, Bowman pushed back.

    Working with an attorney, he assembled evidence to show that he had post-traumatic stress disorder and to document that it had started in Vietnam. The case wound up and down the system, receiving six different rulings, until Bowman fell ill with pancreatic cancer.

    On June 16, 2004, the Board of Veterans’ Appeals finally agreed with Bowman’s claim. It declared that “credible supporting evidence” showed that Bowman suffered from post-traumatic stress disorder caused by his time in Vietnam, just as Bowman had contended for nine years.

    Bowman’s attorney immediately pestered the VA for Bowman’s back benefits, dating to 1995. By then, Bowman’s cancer treatment had been stopped.

    On June 21, attorney Dan Krasnegor or his assistant talked with the VA every two hours. On June 22, they were told that the official disability rating was complete and that only final signatures were needed before Bowman’s check for $53,784 could be cut. “Oh, it’s in the computer system,” they were told.

    Berlie Bowman died that night, and his claim died with him. No check was sent.

    At his burial, Bowman’s mother accepted a smartly folded American flag from the Veterans of Foreign Wars. Seventeen old soldiers stood in formation in the rain. A bugler played taps; riflemen splintered the silence with a three-gun salute.

    “The march of our comrade Berlie Bowman is over,” intoned the VFW’s chaplain.

    SIDEBAR: CHANGING GOALS

    The VA has repeatedly reset its goals for how efficiently it handles veterans’ claims. One of its critical measures is the time necessary to decide an initial claim for disability benefits. At one time in the mid-1990s, the VA had a long-term goal to process claims in 60 days. It later increased that to 74 days, and then to 90 days. Average processing time instead ballooned to 223 days by 2002 before coming down slightly.

    Last spring, the VA told Congress it was “on track” to reach a processing time of 100 days by the end of 2004. It didn’t reach that target; today, the actual time stands at 165 days.

    The agency recently changed its long-term goal again, to 125 days. The increased goals, the VA said, are due to changes in the law and the nature of claims currently being received.

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    GOP lawmakers work to limit probe of domestic spying program

    WASHINGTON – Republicans in Congress are trying to limit the scope of any investigation into how President Bush’s secret domestic-surveillance program has operated. Some key lawmakers are also working to legalize such spying on U.S. citizens in the future, perhaps with some judicial restrictions.

    The dual-track effort is designed to protect the Bush administration from an all-out congressional inquiry into the secret program, while rejecting Bush’s argument that he already has full legal authority to order such surveillance.

    The Senate Intelligence Committee is scheduled to vote Tuesday on a Democratic plan to conduct a broad investigation into the program. Committee chairman Pat Roberts, R-Kan., is trying to win support for a more limited inquiry. Roberts refused to say Monday whether he had the votes to forestall the Democratic demand for an investigation. Democrats need only one Republican to side with them to order such a probe.

    Under Bush’s order and without court warrants, the National Security Agency has tracked electronic communications of U.S. residents the administration says are in contact with suspected al-Qaida members abroad. The program was first disclosed by The New York Times and acknowledged by Bush in December. Critics say Bush’s action violates the 1978 Foreign Intelligence Surveillance Act, which requires warrants from a special secret court to authorize government spying inside the United States.

    The partisan clash over the scope of an investigation prompted Senate Republican Leader Bill Frist of Tennessee last week to demand a meeting with Senate Democratic Leader Harry Reid of Nevada. He also threatened to restructure the Intelligence Committee in a way that would weaken Democrats.

    Reid on Monday dismissed Frist’s call for talks.

    “Let’s have the Intelligence Committee do its work,” Reid said. “I believe that we should see if Senator Roberts, who is a man of his word, is going to allow a vote on whether there should be an investigation. So when that’ s completed … I’ll be happy to consider a meeting, but until then, what’s there to meet about?”

    In the Senate, a handful of Republicans has been working to give the president statutory authority to approve the NSA program. The administration argues that the president already has that power under the Constitution and a congressional resolution that gave Bush authority to use force in hunting down terrorists. Most Democrats and some Republicans reject that interpretation.

    Republican Sens. Chuck Hagel of Nebraska, Mike DeWine of Ohio and Lindsey Graham of South Carolina met Friday to discuss DeWine’s proposal to legalize the warrantless spying while giving Congress the right regularly to review it. Graham wants a special federal court to have some authority over the program.

    Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee, is proposing his own legislation that would require the foreign intelligence surveillance court to determine whether the NSA program is constitutional. Specter said Monday that only after such a determination can Congress decide whether and how to restrict the program legislatively.

    Meanwhile, Specter said Monday that he wants Attorney General Alberto Gonzales to testify again before his committee about the legal rationale for the NSA program. Specter said he worried that Gonzales’ subsequent written responses to the committee suggested that the administration was conducting other secret programs.

    “The letter that he sent to clarify his testimony raises a lot more questions,” Specter said. “There is a suggestion in his letter that there are other intelligence programs which are currently under way.”

    The ranking Democrat on the House Intelligence Committee, Rep. Jane Harman of California, said last week that Gonzales and White House counsel Harriet Miers assured her by telephone that no broader program exists. Harman’s conversation was first reported by The Washington Post on Friday.

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    Young war vets face uphill climb in job market

    Some of our newest veterans are dealing with one of America’s oldest problems. Coming home from the battle lines and heading straight for the unemployment line. The latest Department of Labor statistics show that veterans between the ages of 20 and 24 have an unemployment rate of 15{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}. That’s twice the rate of unemployment for non-military people in that age bracket and more than three times the national average.

    Peter Blind, a Veterans employment specialist with the Veterans Outreach Center, says it’s just another consequence for a country at war. “It’s competitive, it’s an employer’s market right now,” Blind said.

    Barrett Schenk joined the Marines shortly after the attacks of September 11th. The 22-year-old nearly died four months after arriving in Afghanistan in 2004 when he fell off a cliff while on mountain patrol. The fall left him with a serious hip injury and a 40{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} military disability. Now that he’s home in Greece and says he and other new veterans have a hard time explaining their skills and strengths to private employers. “You can’t just have the manager of so-and-so store call up your old commanding officer (for a job reference),” he said. “It just doesn’t make any sense.”

    Schenk’ was a highly touted hockey goalie in high school and has found part time work at the Lakeshore Ice Arena and coaching goalies for the Greece Thunder.

    Schenk is immensely proud of his military service and is quick to point out that he would do it all over again. He says he’s honored when people thank him for his service and continues to be grateful for the support for the War on Terror. But Schenk believes there needs to be more than just symbolic support. He’d like to see more private employers pledge to hire new veterans. “You put the ribbon on that’s great. Thank you,” said Schenk.  “But there’s a little more to it than that, you know?”

    Veteran’s advocates say a good way to start is to buy patriotic ribbons and flags from agencies that benefit veteran’s resources.

    The Veterans Outreach Center on 455 South Avenue in Rochester operates a “Stars and Stripes” flag store. All of the proceeds go to help local veterans transition to civilian life. You can also buy from the store online at www.eflagstore.com 

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