Veterans-For-Change NEWSLETTER

Week Ending Sunday, April 07, 2019Volume 10, Issue 14This-N-ThatThis week has been a very busy week news wise as well as updated library folders on our website.Total new files added are 285 of which 165 were added to the Agent Orange-Guam Library, just over 85,000 pages of information in 285 documents and roughly over 100,000 more documents coming on-line over the next few months. In addition although not many 4 more new web links have been added under the Web Links tab with several hundred more coming soon.We’re also looking for individuals who would be interested in moderating our forums on-line. We want to bring them back to life again, so those who would be interested, please contact me.We’ve already given a little bit of a face lift to it, and we’re currently looking for a new template with a more modern and appealing style to it. Next week we’ll publish a link to the various templates and with your help we might just find the one that best suite the Veterans-For-Change website.We’re also looking for a new website hosting service with a webmaster who is very familiar with Joomla. If you are that person or know someone who might be a good fit for us, again, do let me know.Congratulations to Blue Water Navy, you beat them down, and beat them down good! Now it’s a matter of implementation and Commander Wells will be meeting with SecVA Wilkie to sit down and discuss the matter.In this newsletter there is a link to a petition to demand full accountability on the part of the VA and I do urge everyone to please, take the time and sign it.If we can get their attention by the numbers of people responding then we have a better chance of improving the VA, forcing them to be accountable for all the funds provided through the budget, hire more staff, purchase modern and innovative equipment which is needed in many facilities and help stop all the nonsense going in within their walls and do the jobs they were hired for, providing proper, efficient medical care.It’s still tax time! So if you’ve not already done your taxes, not even prepared, or don’t know what all you need in order to get your taxes done and help to provide the best outcome, go to this link Tax Deduction Finder and Problem Minimizerand click on the GREEN download button.This will provide you a rather detailed list of items to take with you to your tax preparer.In this newsletter there are a number of action items, please take the time to click on the links and send off the various E-Mails to your Reps in DC asking for their support and passage.Blue Water Navy Veterans have more than proven persistence and perseverance can and will produce positive results in the Veterans and their families favor.I’d also request you follow up those E-Mails with a simple phone call to their DC office even if you don’t think they listen, please don’t use that excuse, the more attention we put to each of the action items throughout this newsletter, the less excuses they can come up with for not having made sure it comes to the floor and is voted on and with luck passed.If you’re not currently a subscriber to our newsletter and are getting the link through other sources, please do subscribe today. And you can also follow us on Twitter as well as on MEWE the new social media platform that has no hassles, no suspensions, doesn’t violate your 1st Amendment rights and has excellent customer service.On behalf of our Volunteers nationwide and myself, we wish you and your family good health!Respectfully, 
Jim Davis 

a. 38 U.S.C. § 1116; 
b. 38 C.F.R. § 3.307(a)(6); 
c. Haas v. Peake, 525 F.3d 1168 (Fed . Cir. 2008) 
d. Procopio v. Wilkie, No. 17-1821 (U.S. Fed. Cir. Jan. 29, 2019); 
e. Chairman’s Memorandum 01-18-15, “Stay of Adjudication of Appeals for Compensation Based on Alleged Exposure to Herbicide Agents in the Offshore Waterways of the Republic of Vietnam” (Oct. 22, 2018).1. PURPOSE OF THIS MEMORANDUM

The purpose of this memorandum is to rescind a stay on the adjudication of appeals 
which may be affected by the ruling of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Procopio v. Wilkie, No. 17-1821 (U.S. Fed . Cir.) imposed by Chairman’s Memorandum 01-18-15, as well as to set forth procedures for the resumption of processing of cases affected by the stay.1. BACKGROUND

a. Congress has established a presumption of exposure to herbicide agents for those veterans who , during active military, naval, or air service, “served in the Republic of Vietnam” during a period beginning on January 9 1962, and ending on May 7, 1975. 38 U.S.C . § 1116 (a)(1)(A). The Secretary of Veterans Affairs issued a regulation defining “service in the Republic of Vietnam” to include the “waters offshore” if the conditions of service involved duty or visitation in the Republic of Vietnam . 38 C.F.R. § 3.307 (a)(6)(iii). Both the statutory phrase “served in the Republic of Vietnam” and the implementing regulation were found ambiguous as applied to service in the waters adjoining the landmass of Vietnam. Haas v. Peake, 525 F.3d1168, 1184-85 (Fed. Cir. 2008). VA interpretated both the statute and regulation to require service on the actual landmass or on the inland waterways of the Republic of Vietnam, which the Federal Circuit found reasonable. !d. at 1189-93.b. On January 29, 2019, the Federal Circuit issued an en bane decision in Procopio v. Wilkie, reversing its prior determination that VA’s interpretation of the statute and regulation was reasonable. Instead, the Court held that the statutory phrase “the Republic of Vietnam” included the 12 nautical mile territorial sea of that nation. Procopio, slip op. at 10. By extension, the presumption of herbicide agent exposure extends to those veterans with service in the territorial seas of the Republic of Vietnam. On March 21, 2019, the Federal Circuit denied the Secretary’s motion to stay the entry of mandate. Mandate was issued on March 22, 2019.1. LIFTING OF STAY PROCEDURES

a. All cases with appeals pending before the Board that involve issues that were previously stayed by the Board pursuant to Chairman’s Memorandum No. 01-18-15 will be distributed in a manner prescribed by the Chairman or her designee. Case distribution will be consistent with the Board’s statutory requirements under 38 U.S.C. §§ 7107 and 7112 regarding consideration of appeals in docket order, with certain exceptions. To the extent possible, cases will be redistributed to the Veterans Law Judge to whom they were previously assigned.1. RESCISSIONS

a. Chairman’s Memorandum No. 01-18-15 (Oct. 22, 2018) entitled “Stay of Adjudication of Appeals for Compensation Based on Alleged Exposure to Herbicide Agents in the Offshore Waterways of the Republic of Vietnam,” is hereby rescinded in its entirety.b. . This memorandum is effective until expressly rescinded, modified, or superseded.Cheryl L. Mason 
ChairmanThe Veterans-For-Change website has been under construction since day one back in 2009 and every day since then. The looks pretty much stay the same, but in the background constant improvement and change is being done to make our website the most user friendly “One-Stop-Shop” website to find almost everything you might have tried to find searching the internet.Almost a hundred people have been involved; collecting web links to documents now houses on the VFC website, collecting thousands of web links for various issues, illnesses and benefits. Creating forums for all eras of service and two forums one just for men and one just for woman where you can go question, comment, share medical and personal concerns, what ever you’d like it to be.We also have a forum with for Mental Health and are currently seeking a new Licensed Mental Health Worker, where you can seek help or just ask questions.We average 2,973 hits per day, and downloads average 2,967 per day with a total 4,860,621visitors as of Friday.If you subscribe you will have full access to the entire website and best of all it’s FREE of charge! You just need a valid E-mail address so the system can send you a confirmation E-Mail. Once received, click on the link to be authorized• Documents Library with over 17,210documents on-line (Updated: 04/04/19) 
• FAQ’s with more than 1,600 FAQ’s and answers 
• Multiple Forums 
o Afghanistan Veterans 
o FMP – Foreign Medial Program 
o Gulf War & Desert Storm Veterans 
o Iraq Veterans 
o Korean Veterans 
o Men Veterans Forum 
o Mental Health for Veterans (Counselor Needed
o Political Issues 
o Suggestion Box 
o The Mess Hall 
o VA Hospitals and Medical Centers 
o Veteran Affairs 
o Vietnam Veterans 
o Welcome Mat 
o Women Veterans Forum 
o WW II Veterans 
• Job Postings 
• Memorial Pages (Updated: 10/30/18) (37 Added) 
• News (Articles On-Line: 8,380
• Polls 
• Web Links, more than 4,709, Added 4 New Links (Updated: 04/05/19)If you have a submission for the memorial pages, E-Mail: Jim.Davis@veterans-for-change.orgH.R. 1527, the Long-Term Care Veterans Choice ActRepresentative Clay Higgins introduced H.R. 1527, the Long-Term Care Veterans Choice Act. This bill would provide veterans who are no longer capable of living independently an alternative to nursing home care, in which the veteran would continue to receive the care that they need in an intimate home-like environment through VA’s Home-Based Primary Care program, and the Medical Foster Home (MFH) attendant program.Started in 2000, VA Medical Foster Homes provide veterans who need nursing home level of care an alternative to being placed in a nursing home. VA Medical Foster Homes merge traditional adult foster care with comprehensive longitudinal care provided in the home by a VA interdisciplinary team that includes a physician, nurse, social worker, rehabilitation therapist, mental health provider, dietitian, and pharmacist. Since its inception, over 4,000 veterans have resided in Medical Foster Homes.However, many service-connected veterans who wish to reside in a VA Medical Foster Home are unable to do so because of substantial out-of-pocket costs of approximately $1,500 to $3,000 per month. Because VA does not have the authority to cover these costs, veterans are placed in nursing homes which VA pays for but cost more than twice as much.As the veteran population continues to age, the need for long-term care services will continue to grow. Home-based community programs like MFHs will enable VA to meet the needs of aging veterans in a manner closer to independent living than institutionalized care. With the passage of this bill, veterans would have the option of care that more closely aligns with their independence while maintaining their quality of life.This bill is in accordance with DAV Resolution No. 085, which calls for legislation to improve the comprehensive program of long-term services and supports for service-connected disabled veterans regardless of their disability ratings.Please use the prepared letter to write your Representative to cosponsor and support passage of H.R. 1527, the Long-Term Care Veterans Choice Act. Thank you for your efforts and support of the Commander’s Action Network.Take ActionWHICH WAY IS YOUR CLAYMORE FACINGIt’s a book based on my own personal insights from being a combat veteran of the Rhodesian Bush War to the many messes and losses I faced during my own postwar journey. It’s based on my experiences of being witness to the veterans’ deep pain, loss, and grief and their depression, stress, anxiety, anger, and everyday struggles to adjust to the unpredictable complexities of civilian life. It’s based on the universal and timeless experience and shared comradeship of veterans gathering with veterans, no matter whether they come from special forces units or regular units. It’s based on the stories of veterans’ partners and children as they have desperately tried to find ways to understand and bridge the traumatic silence so typical of many veterans, as well as to deal with the war that returned home—the rage and reactivity, the alcohol and flashbacks. It’s based on the deep feelings of loss veterans have felt as they’ve tried to connect with those they once knew but still love. It’s based on supporting veterans and their families to create a map and find a compass that will help them operate in the bewildering and unpredictable confusion of civilian life.Barry Zworestine 
Barry’s Website 
Barry’s Book on VFC Site~Follow Veterans-For-Change on MEWE Social Media~Follow us on MEWE! We’ve move to MEWE and after four months, membership has grown and the support staff at MEWE is responsive, open to suggestions and works very hard to protect your personal information.IMAGINE A SOCIAL NETWORK WITH ALL THE FEATURES YOU LOVE AND NONE OF THE BS.Where you are the customer to serve and not data to sell.Where you share your real life and celebrate, not censor, diversity.We know most people don’t like change, however, this new Social Media Site, MEWE.COM has no advertisers, truly respects privacy and protects your security far better than Face Book ever could. They also have a fantastic customer service group who actually does respond to your messages, suggestions, ideas and more!We hope you will join us on this new site.VETERANS-FOR-CHANGE HEROES PROGRAM OF VETERANS-FOR-CHANGE GROUP SOCIAL GROUP{USAVET} SUPPORTING GOD & ALL WHO SERVED OUR GREAT NATION FOR SOVEREIGNTY

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